[Federal Register Volume 64, Number 54 (Monday, March 22, 1999)]
[Proposed Rules]
[Pages 13856-13878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6885]



[[Page 13855]]

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Part II





Department of Transportation





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Research and Special Programs Administration



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49 CFR Parts 171, 173, 177, 178, 180



Hazardous Materials; Revision to Regulations Governing Transportation 
and Unloading of Liquefied Compressed Gases; Proposed Rule

  Federal Register / Vol. 64, No. 54, Monday, March 22, 1999 / Proposed 
Rules  

[[Page 13856]]



DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 173, 177, 178, 180

[Docket No. RSPA-97-2718 (HM-225A)]
RIN 2137-AD07


Hazardous Materials: Revision to Regulations Governing 
Transportation and Unloading of Liquefied Compressed Gases

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: RSPA is proposing revisions to regulations applicable to the 
transportation and unloading of liquefied compressed gases. The 
revisions include new inspection, maintenance, and testing requirements 
for cargo tank discharge systems, including delivery hose assemblies, 
and revised attendance requirements applicable to liquefied petroleum 
gas and anhydrous ammonia to take account of certain unique operating 
characteristics. The proposed attendance requirements provide a greater 
level of confidence that a qualified person attending the unloading 
operation can quickly identify and stop an unintentional release. 
Further, RSPA is proposing revised requirements for cargo tank 
emergency discharge control equipment to provide a clear performance 
standard for passive emergency discharge control equipment that shuts 
down unloading operations without human intervention. The revised 
requirements also provide for a remote capability for certain cargo 
tanks to enable a person attending the unloading operation to shut off 
the flow of product when away from the motor vehicle during delivery. 
RSPA is proposing a two-year period for development and testing of 
emergency discharge control technology. After two years, the proposal 
would require newly manufactured MC 331 cargo tank motor vehicles to be 
equipped with emergency discharge control equipment that complies with 
the proposed performance standards; MC 330, MC 331 and certain 
nonspecification cargo tank motor vehicles already in service would be 
retrofitted at their first scheduled pressure test after the two-year 
period. These proposals are intended to reduce the risk of an 
unintentional release of a liquefied compressed gas during unloading, 
assure prompt detection and control of an unintentional release, and 
make the regulatory requirements easier to understand and comply with.

DATES: Submit comments on or before April 21, 1999.

ADDRESSES: Address written comments to the Dockets Management System, 
U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW, 
Washington, DC 20590-0001. Identify the docket number RSPA-97-2718 at 
the beginning of your comments and submit two copies. If you want to 
receive confirmation of receipt of your comments, include a self-
addressed, stamped postcard. Comments also may be submitted by e-mail 
to [email protected].
    The Dockets Management System is located on the Plaza Level of the 
Nassif Building at the Department of Transportation at the above 
address. You can review public dockets there between the hours of 9:00 
a.m. and 5:00 p.m., Monday through Friday, except federal holidays. In 
addition, you can review comments by accessing the docket management 
system through the DOT home page (http://dms.dot.gov).

FOR FURTHER INFORMATION CONTACT: Jennifer Karim or Susan Gorsky, Office 
of Hazardous Materials Standards, Research and Special Programs 
Administration, (202) 366-8553; or Nancy Machado, Office of the Chief 
Counsel, Research and Special Programs Administration, (202) 366-4400.

SUPPLEMENTARY INFORMATION:

List of Topics

I. Background
II. Negotiated Rulemaking Committee and its Activities
III. Statement of the Issues
IV. Proposed Revisions
    A. Prevention
    B. Identification
    C. Mitigation
    D. Implementation Schedule
    E. Miscellaneous
    F. Section-by-Section Review
V. Regulatory Analyses and Notices

I. Background

    On December 13, 1996 (61 FR 65480), the Research and Special 
Programs Administration (RSPA, ``we'') and the Federal Highway 
Administration (FHWA) published advisory guidance on emergency 
discharge control systems on MC 330, MC 331 and certain 
nonspecification cargo tanks used to transport liquefied compressed 
gases. This followed an incident involving the unintentional release of 
propane from an MC 331 cargo tank motor vehicle during unloading.
    On February 19, 1997 (RSPA-97-2133 (HM-225), 62 FR 7638), RSPA 
adopted an interim final rule establishing certain temporary 
alternative regulations under which cargo tanks could remain in service 
while RSPA and FHWA evaluated this incident and other situations in 
which liquefied compressed gases were released unintentionally from 
cargo tanks during unloading operations. In particular, the interim 
final rule amended the Hazardous Materials Regulations (HMR; 49 CFR 
Parts 171-180) by establishing a new Sec. 171.5, which set forth 
conditions under which affected cargo tanks, without certification and 
demonstrated performance of their emergency discharge control systems, 
could continue in service.
    On August 18, 1997 (62 FR 44038), RSPA published a final rule and 
responded to petitions for reconsideration of the interim final rule. 
The final rule reiterated most of the elements of the interim final 
rule and extended it as a continuing temporary regulation.
    Also on August 18, 1997 (62 FR 44059), RSPA published an advance 
notice of proposed rulemaking (ANPRM) in Docket No. RSPA-97-2718 (HM-
225A). This ANPRM solicited public comment on a series of specific 
topics. RSPA received more than 150 comments addressing federal agency 
jurisdiction; active and passive emergency discharge control systems; 
suggestions for modification of cargo tank discharge systems; hoses, 
hose assemblies, and hose management; and vehicle attendance 
requirements.
    On September 19, 1997 (62 FR 49171), RSPA issued additional 
advisory guidance in Docket No. RSPA-97-2133 (HM-225), in response to a 
petition for reconsideration and a request for clarification.
    On December 10, 1997 (62 FR 65187), RSPA published a second final 
rule that made changes to the August 18, 1997, final rule, responded to 
petitions for reconsideration, and made certain corrections and 
clarifications.
    On June 4, 1998 (63 FR 30572), RSPA proposed to establish a 
negotiated rulemaking committee under Docket RSPA-97-2718 (HM-225A) and 
announced a public meeting to discuss that proposal. The negotiated 
rulemaking process is defined in 5 U.S.C. 561 et seq.
    The above-referenced rulemaking documents contain a thorough 
discussion of the issues that led to issuance of the temporary 
regulation in Sec. 171.5, and to establishment of a negotiated 
rulemaking committee to develop recommendations for changes to the 
applicable regulations. These prior rulemaking publications and the

[[Page 13857]]

public comments on them (see RSPA-97-2133) are hereby incorporated into 
this docket by reference.

II. Negotiated Rulemaking Committee and its Activities

    On July 16,1998 (63 FR 38456), RSPA established a negotiated 
rulemaking committee (the Committee) to develop recommendations for 
alternative safety standards for preventing and mitigating 
unintentional releases of liquefied compressed gases during the 
unloading of cargo tank motor vehicles.
    In a negotiated rulemaking, representatives of interests affected 
by a regulation meet to discuss the safety issues and to identify 
potential solutions. The group attempts to reach consensus on a 
proposed solution and prepares a recommendation for a notice of 
proposed rulemaking to be made by the agency. This process is intended 
to give parties the opportunity to find creative solutions, improve the 
information data base for decisions, produce more acceptable rules, 
enhance compliance, and reduce the likelihood of court challenges.
    For this rulemaking, in addition to the Department of 
Transportation (DOT), the Committee consists of persons who represent 
the interests affected by this rulemaking, including businesses that 
transport and deliver liquefied petroleum gases, anhydrous ammonia and 
other liquefied compressed gases; manufacturers and operators of cargo 
tanks and vehicle components; and state and local public safety and 
emergency response agencies. Particular care was taken to identify any 
unique interests that were determined to be significantly affected by 
the proposed rule and ensure that they were fully represented on the 
Committee.
    The members of the Committee are:

1. Department of Transportation--Edward Mazzullo, Research and Special 
Programs Administration
2. National Propane Gas Association--Charles Revere, Revere Gas and 
Appliance
3. The Fertilizer Institute--Charles Rosas, Farmland Industries
4. National Tank Truck Carriers--Clifford Harvison
5. Compressed Gas Association--Ronald McGrath
6. National Fire Protection Association--Theodore Lemoff
7. Propane Distribution (Small)--Mike Gorham, Northwest Gas, and Lin 
Johnson, Lin's Propane
8. Propane Distribution (Large)--Russell Rupp, Suburban Propane, and 
Ken Faulhaber, Ferrellgas
9. Anhydrous Ammonia/Dual Use Anhydrous Ammonia-Propane (Small)--
Charles Whittington, Grammar Industries
10. Anhydrous Ammonia/Dual Use Anhydrous Ammonia-Propane (Large)--Jean 
Trobec and Cliff Shoettmer, Growmark; and Jim York and Tom Stene, 
National Private Truck Council
11. State Safety Enforcement Agencies--Steve Hermann, Cooperative 
Hazardous Materials Enforcement Development (COHMED), and Eric Adair, 
Commercial Vehicle Safety Alliance (CVSA)
12. State Safety Regulatory Agencies--Vicki O'Neill, Bureau of 
Liquefied Petroleum Gas Inspections/Florida Department of Agriculture 
and Consumer Services, and Ronny Coleman, California State Fire Marshal
13. State/Local Emergency Response Agencies and Fire Services--Ronald 
Dykes, International Association of Fire Chiefs
14. Cargo Tank Manufacturers (Transports)--Mike Pitts, Mississippi Tank
15. Cargo Tank Manufacturers (Bobtails)--David Auxier, Bulk Tank and 
Transport
16. Technology--Jim Griffin, Fisher Controls

    The Committee was chaired by Philip J. Harter, Esq., a trained 
facilitator. The role of the facilitator was to apply proven consensus 
building techniques to the negotiations. The facilitator was not 
involved with the substantive development of the standard. Rather, his 
role was to: (1) chair the meetings of the committee in an impartial 
manner; (2) impartially assist the members of the committee in 
conducting discussions and negotiations; (3) act as disclosure officer 
for committee records under the Freedom of information Act (FOIA); and 
(4) keep minutes of all committee meetings in accordance with the 
Federal Advisory Committee Act (FACA) requirements.
    In some instances, work groups were formed around particular 
issues, and certain members were identified as spokespersons for these 
groups.
    Interested parties who were not selected to membership on the 
Committee were provided an opportunity to contribute to the negotiated 
rulemaking effort in the following ways:
     They were provided with the minutes of Committee meetings 
and could submit written comments to the Committee as appropriate.
     They could attend the Committee meetings, which were open 
to the public, caucus with the Committee member representing their 
interest on the Committee, and were provided opportunities to address 
the Committee as time permitted.
     They could participate in the workgroups established by 
the Committee. These informal workgroups were used to assist in 
addressing various technical matters (e.g., developing standards for an 
emergency discharge control system or verifying certain engineering 
procedures, or commenting on particular matters before the Committee) 
to facilitate Committee deliberations. They also assisted in drafting 
regulatory text. The workgroups were made up of Committee members and 
other parties who had expertise or a particular interest in the 
technical matter(s) being discussed.
    The Committee met in plenary and working sessions on six occasions. 
Among the materials considered by the Committee in developing the 
proposals in this NPRM are the prior rulemaking actions in RSPA-97-
2133, public comments filed in response to those actions, information 
provided by regulatory and enforcement officials, and incident data. 
The Committee agrees that the costs imposed by the proposed rule will 
be off-set by the benefits. The Committee had no role in preparing 
DOT's ``Preliminary Regulatory Evaluation'' or ``Environmental 
Assessment'' and did not consider them in its deliberations.

III. Statement of the Issues

    The goal of all parties to this negotiated rulemaking was to 
enhance safety in transportation through improvements in the 
regulations governing the unloading of liquefied compressed gases from 
MC 330, MC 331, and certain nonspecification cargo tanks. Concerns with 
emergency discharge control on certain of these cargo tanks were 
identified in 1996. RSPA issued the temporary regulation in Sec. 171.5 
of the HMR to address these concerns as related to the unloading of 
liquefied compressed gases because information and data gathered during 
the rulemaking process indicated that the problems were not limited to 
specific materials or specific cargo tank configurations.
    The Committee focused its discussions, analyses, and 
recommendations on liquefied petroleum gases (LPG) and anhydrous 
ammonia. These are the liquefied compressed gases that are most 
commonly transported in cargo tanks; as a result, LPG and anhydrous 
ammonia are the materials most frequently involved in unintentional 
releases during unloading. However, the

[[Page 13858]]

Department intends to address safety issues related to unloading of all 
liquefied compressed gases in a single proposed rule to the extent 
feasible and practicable. Accordingly, we propose to adopt the 
Committee's recommendations for all liquefied compressed gases that 
present risks similar to or more serious than those presented by LPG 
and anhydrous ammonia. The issues identified by the Committee apply 
equally to compressed gases with poison inhalation hazards, refrigerant 
gases, and compressed gases that present risks similar to those of LPG 
and anhydrous ammonia. The safety benefits that will be realized from 
this proposed rule justify a broad rulemaking approach.
    As one of its first activities, the Committee examined incident 
reports of unintentional releases of LPG, anhydrous ammonia, and sulfur 
dioxide during unloading operations. The data included incidents 
reported to RSPA as required by Secs. 171.15 and 171.16 of the HMR and 
other incidents not required to be reported to RSPA that were 
identified through reports from DOT field office staff, industry 
representatives, and newspapers. The Committee identified 70 incidents 
that occurred from 1990 to 1998 and analyzed them to determine how the 
current regulations applicable to unloading could be improved.
    More than 54 percent of the incidents resulted in unintentional 
releases from hoses and hose fittings. Another 37 percent involved 
releases that originated from equipment on the cargo tank motor vehicle 
itself, including pump seals, swivel joints, pump flanges, and piping 
and related fittings such as gauges, filters, and flex connectors. Many 
of these incidents appeared to result from problems with maintenance, 
installation, or mechanical damage rather than design flaws. Based on 
this information, the Committee concluded that improved inspection and 
maintenance programs for delivery hose assemblies and other discharge 
system components would prevent many incidents and, thus, would improve 
the safety of cargo tank unloading operations.
    However, the Committee also concluded that additional safety 
enhancements are possible. Thus, the Committee agreed to consider 
alternative approaches for identifying the occurrence of unintentional 
releases and reducing their severity by determining which methods or 
combination of methods provide the most cost-effective means for 
controlling unintentional releases during cargo tank unloading 
operations. The Committee heard presentations from manufacturers of a 
variety of systems designed to shut down cargo tank unloading 
operations automatically (without the need for human intervention) or 
by means of off-truck remote shut-off devices.
    Based on its discussion and findings, the Committee recommended a 
program combining measures to prevent unintentional releases during 
unloading operations with measures that will assure quick 
identification of releases and effective mitigation. Therefore, we are 
proposing revisions in these areas:
     Prevention--new inspection, maintenance, and testing 
requirements for discharge systems, including delivery hose assemblies, 
on cargo tanks transporting liquefied compressed gases.
     Identification--revised attendance requirements for 
monitoring unloading operations of LPG and anhydrous ammonia to take 
account of certain unique operating characteristics while assuring that 
the person attending the unloading operation can quickly determine if 
an unintentional release occurs.
     Mitigation--revised requirements for emergency discharge 
control equipment on certain cargo tanks in liquefied compressed gas 
service to provide a clearer performance standard for equipment that 
shuts down unloading operations without human intervention and to 
provide for an off-truck remote capability for certain cargo tanks to 
enable a qualified person attending the unloading operation to shut off 
the flow of product from wherever he may need to be during the 
delivery. The new requirements vary according to the degree of risk 
involved with the transportation of specific liquefied compressed 
gases.

IV. Proposed Revisions

A. Prevention

    The Committee recommends and we are proposing the following 
measures to prevent unintentional releases during unloading of 
liquefied compressed gases:
     A hose management program, including post-delivery safety 
checks of hoses and hose assemblies.
     A new inspection and maintenance program for on-truck 
components of a cargo tank's discharge system.
     A visual check of the discharge system and its components 
prior to each unloading.
Hose Management Program
    The Committee conducted an in-depth analysis of the incident data 
for liquefied compressed gas spills during unloading. The data indicate 
that failure of hoses and piping components is the cause of the 
majority of unloading incidents. In addition, the data show that 
relatively minor leaks can result in major consequences if a liquefied 
flammable gas is ignited. For these reasons, the Committee decided that 
any rule it recommended should contain provisions focused on preventing 
incidents.
    Supporting this position is research conducted by Pennsylvania 
State University's Transportation Institute (PSUTI) under contract with 
The Fertilizer Institute. PSUTI analyzed the risks involved in 
deliveries of anhydrous ammonia and the most cost effective way of 
mitigating those risks. The PSUTI study identified a hose management 
program as the most cost-effective method of mitigating risks 
associated with unloading anhydrous ammonia.
    The majority of the incidents examined by the Committee involved 
leaks from hoses or failures of hose couplings. An incident in Sanford, 
North Carolina, in September of 1996 provides an example. In that case, 
the hose couplings of a newly assembled delivery hose assembly 
disconnected from the hose when subjected to delivery pressures. Less 
severe hose failures are more frequent and generally occur as a result 
of cuts and gouges to hoses that have experienced rough handling, such 
as being dragged across uneven ground or over rough structures during 
deliveries.
    For the reasons outlined above, we are proposing a hose management 
program for liquid hoses carried on cargo tanks that transport 
liquefied compressed gases. Although the accident data and analysis 
focused on unloading operations involving LPG and anhydrous ammonia, 
the preventive measures we are proposing are equally applicable to 
unloading operations for all liquefied compressed gases. The proposed 
program includes tests of new and repaired hose assemblies; safety 
checks of hoses after each unloading; monthly and annual hose assembly 
inspections; and specific rejection criteria.
    The hose management program would apply to delivery hose assemblies 
on cargo tank motor vehicles used to transport liquefied compressed 
gases. For purposes of this rule, a ``delivery hose assembly'' is 
defined as a liquid delivery hose and its attached couplings. During 
Committee deliberations, certain Committee members described instances 
in the field when it is necessary to attach ``adapters'' to the end of 
a delivery hose assembly to unload product from the

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cargo tank into the receiving container. Because these adapters are not 
regularly attached to the liquid delivery hose and its couplings, they 
are not considered part of the delivery hose assembly for purposes of 
the hose management program.
    The hose management program would require an operator to remove and 
replace damaged hose sections and to correct any defects discovered in 
hoses or hose assemblies. The operator would be required to pressure 
test a repaired hose at a minimum of 120 percent of the maximum working 
pressure of the hose before placing it back in service. A pressure test 
would not be required if the operator corrected defects such as 
replacing or tightening loose or missing bolts or fastenings on bolted 
hose assembly couplings provided no slipping of the coupling has 
occurred.
    The annual hose inspection would be conducted by a Registered 
Inspector as part of the leakage test procedures already required by 
the HMR, making updating of registration unnecessary. For hoses not 
permanently attached to the cargo tank motor vehicle, the annual hose 
test would not necessarily have to be done by the same Registered 
Inspector or at the same time as the leakage test for the cargo tank 
motor vehicle.
Discharge System Inspection and Maintenance
    Another area of emphasis identified by the Committee with respect 
to prevention of incidents during unloading was targeted at leaks from 
piping systems--defined by the Committee to include any component other 
than the delivery hose assembly that contains product during unloading. 
Again, the incident data indicate that leaks from piping components 
during unloading are a cause of a significant proportion of the 
reported incidents. The Committee heard presentations from two pump 
manufacturers about how pumps function and how they should be 
maintained. The Committee also investigated meters and other piping 
components.
    Because of the incident data and the constant wear on piping 
components, the Committee recommends and we are proposing to institute 
a program of inspections and tests for piping systems in cargo tanks 
that transport liquefied compressed gases. The inspection and testing 
program is similar to the program recommended for hoses. Piping system 
inspections and tests would include monthly checks of internal self-
closing stop valves for closure, testing of linkages designed to close 
internal self-closing stop valves during emergencies, visual 
inspections of all piping system components, and rejection criteria for 
piping system components.
Pre-Delivery Safety Check
    As an additional means to prevent unintentional releases from cargo 
tank delivery hose assemblies and piping, the Committee recommends and 
we are proposing that the person unloading liquefied compressed gases 
from a cargo tank visually check those components of the discharge 
system that are readily observed during the normal course of unloading. 
This check would be done before each delivery after the pressure in the 
discharge system reaches equilibrium with the pressure in the cargo 
tank. This check should assure that all connections are secure and that 
each component of the discharge system, including delivery hose 
assemblies and piping, is of sound quality and free of defects 
detectable through visual observation and audio awareness.

B. Identification

    The Committee recommends and we are proposing new attendance 
provisions applicable to unloading of LPG and anhydrous ammonia. The 
attendance provisions in Sec. 177.834(i), which we are proposing to 
revise for clarity and consistency, will apply to all other cargo tank 
loading and unloading operations. We are proposing the following 
changes:
     A definition for ``metered delivery service.''
     Revised regulations for monitoring the unloading 
operations of LPG and anhydrous ammonia in metered delivery service.
     Revised regulations for monitoring the unloading 
operations of liquefied compressed gases.
Definition for ``Metered Delivery Service''
    The Committee recommends that the attendance requirements in the 
HMR take account of the differences in design and configuration of 
cargo tank motor vehicles delivering LPG and anhydrous ammonia. 
Unloading of LPG and anhydrous ammonia from large-capacity cargo tanks 
through large-diameter delivery hoses involves the transfer of 
thousands of gallons of product into large storage containers at a rate 
of 200-400 gallons per minute. Typically, the vehicle is unloaded 
through a short delivery hose (less than 25 feet). [NOTE: As an aid to 
the reader, units of measure in this preamble are expressed in U.S. 
standard or customary units. In the regulatory text, consistent with 
the requirements of Sec. 171.10 of the HMR, they are expressed using 
the International System of Units (``SI'' or metric) as the regulatory 
standard, followed in parentheses by the U.S. standard unit.] Cargo 
tank motor vehicles that unload LPG or anhydrous ammonia through small-
diameter delivery hoses differ in design and operation. These vehicles 
are used almost exclusively for deliveries in which small volumes of 
product are transferred to small storage containers at metered flow 
rates much lower than those used in other unloading operations. The 
average delivery for these vehicles involves the transfer of fewer than 
170 gallons of product at a rate of 40-60 gallons per minute through a 
delivery hose that commonly ranges from 100 to 150 feet in length.
    To account for these differences, we are proposing to define a new 
term--``metered delivery service.'' The proposed definition for 
``metered delivery service'' is an unloading operation conducted at a 
metered flow rate of 100 gallons per minute or less through an attached 
delivery hose with a nominal inside diameter of 1.25 inches or less.
Monitoring Unloading Operations for Metered Delivery Service
    By far the most common unloading scenario for cargo tank motor 
vehicles in metered delivery service is the delivery of propane for 
heating and cooking by households and small businesses, and for light 
industrial applications. In these settings, the vehicle is typically 
positioned in the customer's driveway, farm lane, or parking area, and 
the customer's storage container is located to the side or rear of the 
facility. The storage container may be located more than 25 feet from 
the nearest point of vehicle access, and can be up to 150 feet away in 
extreme cases. Fences, buildings, vegetation, or other obstructions may 
make it impossible to maintain an unobstructed view of the cargo tank 
from the position of the storage container.
    The delivery hose on a cargo tank motor vehicle in metered delivery 
service remains attached and full of product during transit. It is 
equipped with a hose end valve that the attendant opens and closes to 
start and stop the flow of product into a customer container in the 
course of each delivery. As a result, an attendant located at the 
receiving container has a ready means to shut off the flow of gas in 
the event of a leak at the connection to the receiving container. An 
attendant located at the vehicle end of the system could respond to 
such a leak by closing the vehicle's internal self-closing stop valve, 
but

[[Page 13860]]

product in the downstream piping and hose could still continue to 
escape until the hose empties. Attendance at the position of the 
receiving container has the advantage of facilitating more effective 
mitigation of releases at the connection to the receiving container 
through use of the hose end valve.
    Attendance at the receiving container also addresses safety 
concerns about overfilling. The primary tool used to ensure against 
overfilling is a fixed maximum liquid level gauge mounted on customer 
containers. Propane industry safety procedures emphasize the need for 
close attendance of receiving containers to ensure that this gauge is 
monitored as necessary to prevent overfilling.
    While these considerations favor attendance at receiving 
containers, attendance at the vehicle end of the unloading system can 
effectively ensure prompt mitigation of releases from hose assemblies, 
piping, pump seals, or other components of the unloading system through 
closure of the internal self-closing stop valve. A requirement for 
attendance at one end of the unloading system to the exclusion of the 
other would thus be inappropriate. Therefore, the Committee agreed that 
the attendant should monitor both ends of the delivery system. Because 
of concerns about potential cost and other factors, the Committee 
agreed that using two persons to monitor unloading operations is not a 
viable option.
    The Committee recommends and we are proposing that the qualified 
person attending the unloading operation remain within 150 feet of the 
cargo tank and within 25 feet of the delivery hose throughout the 
unloading operation. In addition, the qualified person must observe the 
cargo tank, the receiving container, and the delivery hose at least 
once every five minutes during unloading operations that take more than 
five minutes to complete. For purposes of this requirement, the 
qualified person would not be required to be in position to view the 
entire length of the delivery hose.
    This proposed requirement should assure that leaks are detected 
before a substantial release occurs. Many of the releases that occur 
during metered delivery operations occur in close proximity to the 
attendant and are thus detected immediately. In any event, substantial 
releases would usually be evident to the attendant at any point along 
the delivery hose, whether or not such releases occur close to the 
attendant or within the attendant's field of view. Indeed, industry 
experience has been that substantial leaks during unloading are 
typically detected first by sound rather than by sight, regardless of 
the position of the attendant relative to the cargo tank or the source 
of the leak. Large ruptures and similar mechanical failures are 
accompanied by loud pops or bangs, followed by the hiss of escaping 
gas, both of which should be audible at a significant distance in most 
environments. Even small releases can cause changes in pump sound or 
vibration, or oscillation in the delivery hose that are detectable by 
an experienced qualified person located within 25 feet of the delivery 
hose.
Monitoring Unloading Operations for Other Than Metered Delivery Service
    For a cargo tank in other than metered delivery service, as well as 
for all cargo tanks in LPG and anhydrous ammonia service, a manual 
emergency discharge control system is located on or within the cargo 
tank itself. Any releases that occur during unloading are detectable 
from the position of the cargo tank because of the short delivery hose 
used; therefore, safety considerations favor attendance from that 
position. Thus, for unloading of anhydrous ammonia and LPG in other 
than metered delivery service, and for other liquefied compressed gases 
in all types of service, we propose that the qualified person attending 
the unloading operation must be positioned within 25 feet of the cargo 
tank during unloading. The qualified person must maintain an 
unobstructed view of the cargo tank and the delivery hose to the 
maximum extent possible during unloading, except during short periods 
when it is necessary to activate controls or monitor the receiving 
tank. For purposes of this ``unobstructed view'' requirement, the 
qualified person would not be required to be in position to view the 
entire length of the delivery hose.
Monitoring Unloading Operations for Dual Service Vehicles
    Where cargo tank motor vehicles in anhydrous ammonia or LPG service 
are equipped to unload with both small diameter delivery hoses (1.25 
inch nominal inside diameter or less) and larger diameter delivery 
hoses, the proposed requirements for attending unloading operations for 
metered delivery service would apply when such vehicles are being used 
to transfer product at a metered flow rate of 100 gallons per minute or 
less through the small diameter hose. The attendance requirements 
applicable to unloading operations for other than metered delivery 
service would apply at all other times.
    Taken together, the Committee believes that the proposed attendance 
requirements will provide the flexibility necessary to accommodate the 
need to ensure that both ends of the unloading system can be monitored 
effectively and, in combination with new inspection and emergency 
discharge control requirements also being proposed, will provide 
greater safety benefits on a cost-effective basis.

C. Mitigation

    The Committee considered alternatives to the current regulatory 
requirements for emergency discharge control with a view towards 
assessing their effectiveness and the need for modifications. The 
Committee recommends, and we are proposing, the following revisions to 
the current requirements for equipment designed to minimize the 
consequences of an unintentional release of a liquefied compressed gas:
     Modification of the performance standard for a passive 
means to shut down unloading--that is, one that operates without human 
intervention.
     Modification of the current requirements for emergency 
discharge control equipment on cargo tanks transporting liquefied 
compressed gases to account for varying degrees of risk presented by 
specific materials.
     New requirements for design and certification of emergency 
discharge control equipment.
     A new requirement that all internal self-closing stop 
valves on MC 330 and MC 331 cargo tanks and nonspecification cargo 
tanks authorized by Sec. 173.315(k) with water capacities less than or 
equal to 3,500 gallons be equipped with a fusible element. Fusible 
elements are currently required on cargo tanks with capacities greater 
than 3,500 water gallons.
     A requirement for unloading operating procedures to be 
maintained on cargo tank motor vehicles.
Modification of the Performance Standard for Passive Means To Shut Down 
Unloading
    A ``passive'' means to shut down unloading when a leak is detected 
is one that operates automatically, that is, without human 
intervention. The current regulation at Sec. 178.337-11(a)(1)(i) of the 
HMR requires that ``each internal self-closing stop valve or excess 
flow valve must automatically close if any of its attachments are 
sheared off or if any attached hoses or piping are separated.'' It was 
reported to the Committee that Sec. 178.337-11(a)(1)(i) has been a 
source of confusion since it was amended in 1989. This section might be 
read as requiring an excess flow valve or an internal self-closing

[[Page 13861]]

stop valve with an integral excess flow valve or feature to close 
automatically at any time if any attachments were sheared off or 
attached hoses or piping were separated regardless of the rate of flow 
of product through the valve. An excess flow valve is only required to 
close if its flow rating as established by the original manufacturer is 
exceeded. The Committee recommends and we are proposing clarifying the 
current regulations to accurately reflect an excess flow valve's 
performance capabilities. The clarification appears in proposed 
Sec. 178.337-8(a)(4)(iv).
    None of the unloading incidents examined by the Committee involve 
complete separations of piping. Indeed, incidents involving piping and 
other discharge system components on the cargo tank itself usually 
involve relatively small leaks or releases. Because complete 
separations of piping during cargo tank unloading operations are 
unlikely to occur, the Committee concluded that RSPA should modify the 
current performance standard for passive shut-down. We are therefore 
proposing that, when required by regulation, a passive means to shut 
off the flow of product will be defined as one that is designed to shut 
off the flow of product without the need for human intervention in the 
event of an unintentional release caused by a complete hose separation.
    With respect to shearing off of piping, the requirement for 
automatic shut-down in the event of a complete pipe separation would be 
modified to apply only to shearing off of piping directly attached to 
an excess flow valve or an internal self-closing stop valve with an 
integral excess flow valve or feature. The proposed modification would 
require the valve to close automatically when any piping mounted 
directly on the valve is sheared off at a point before the first valve, 
pump, or fitting downstream from the excess flow valve or feature if 
the flow of product reaches the rated flow of gas or liquid specified 
by the original valve manufacturer. The current requirement for 
installation of additional downstream excess flow valves if branching 
or other restrictions reduce the flow rating to less than that of the 
excess flow valve at the cargo tank has been eliminated.
Modification of Requirements for Emergency Discharge Control Equipment
    The Committee considered two types of emergency discharge control 
equipment: (1) passive means to shut down unloading, and (2) off-truck 
remote shut-off equipment that can be activated by a person attending 
an unloading operation at a distance from the cargo tank. The Committee 
also discussed different cargo tank motor vehicle configurations and 
capacities with a view towards determining the most appropriate 
equipment for each configuration and operating situation.
    a. Passive shut-down. For cargo tanks transporting LPG and 
anhydrous ammonia in other than metered delivery service, the Committee 
agreed that a requirement for a means to shut off the flow of product 
without human intervention in the event of a complete liquid hose 
separation is justified because of higher flow rates during unloading 
and the relatively low projected cost of technology currently being 
developed. The Committee therefore recommends that each MC 330 and MC 
331 cargo tank intended for transportation of LPG or anhydrous ammonia 
in other than metered delivery service must be equipped with a passive 
means to shut down unloading that is designed to shut off the flow of 
product in the event of unintentional releases resulting from complete 
liquid hose separations only.
    The Committee discussed at length the timeframe within which the 
passive means should operate. The Committee agreed that the regulation 
should require shut down of unloading within a specified timeframe. 
Most of the technology currently being developed is designed to shut 
off the flow of product within 10 seconds. However, the Committee was 
concerned that none of this technology has been operationally tested 
with liquefied compressed gases. The Committee was also concerned that 
the characteristics of specific materials could make it difficult to 
shut down unloading immediately. For this reason, the Committee 
recommends that a passive means to shut off the flow of product must 
operate without human intervention within 20 seconds of an 
unintentional release caused by a complete liquid hose separation. We 
encourage the industry to develop technology that operates effectively 
and reliably in a shorter amount of time. Faster shut-down means that 
serious consequences resulting from unintentional releases are less 
likely.
    We believe that the safety benefits of a passive means to shut down 
unloading justify its use on cargo tanks that transport Division 2.3 
materials--gases that are poisonous by inhalation. An unintentional 
release of a Division 2.3 material can have devastating consequences if 
it is not controlled quickly. In addition, we believe that materials 
transported in other than metered delivery service that present the 
same hazards as LPG and anhydrous ammonia should be transported in 
cargo tanks with a passive shut-down capability. The concerns about 
high flow rates during unloading apply equally to these materials as to 
LPG and anhydrous ammonia. Thus, we propose to adopt the Committee's 
recommendation for passive shut-down to require that all shipments of 
gas poisonous by inhalation (Division 2.3 materials), and shipments in 
other than metered delivery service of non-flammable compressed gas 
(Division 2.2 materials) with a subsidiary hazard, flammable gas 
(Division 2.1 materials), and anhydrous ammonia must be transported in 
cargo tanks equipped with a means to shut off the flow of product 
without human intervention within 20 seconds of an unintentional 
release caused by a complete liquid hose separation.
    In many instances, the equipment utilized to meet the proposed 
requirement for passive shut-down may be contained in the delivery hose 
assembly. The Committee heard from at least two vendors that have 
developed passive shut-down technology based on specially equipped 
delivery hose assemblies.
    We are aware that a number of owners or operators of facilities 
receiving liquefied compressed gases from cargo tank motor vehicles 
require, as a condition of unloading, that the cargo tank operator 
utilize the facility's hose assembly for the unloading operation. In 
most cases, such facility hoses are subject to standards of the 
Occupational Safety and Health Administration (OSHA) of the Department 
of Labor and/or state requirements that are consistent with the 
recommendations of the National Fire Protection Association (NFPA).
    For those situations where a facility requires the use of its own 
hose assembly for unloading and the cargo tank operator relies on a 
specially fitted delivery hose to comply with the requirement for 
passive emergency shut-down, the Committee recommends and we are 
proposing to permit unloading provided two conditions are met. First, 
the qualified person monitoring the unloading operation must remain 
within arm's reach of the mechanical means of closure for the internal 
self-closing stop valve throughout the unloading operation except for 
short periods when it is necessary to activate controls or monitor the 
receiving container. Second, the qualified person monitoring the 
unloading operation must visually examine the facility hose for obvious 
defects prior to beginning unloading.

[[Page 13862]]

    b. Off-truck remote shut-offs. For cargo tanks transporting LPG and 
anhydrous ammonia in metered delivery service, the Committee agreed 
that a passive shut-down capability is not justified in terms of costs 
versus benefits. These cargo tanks deliver LPG or anhydrous ammonia 
through small diameter hoses at low flow rates. Delivery times commonly 
average 3-5 minutes. The discharge rate serves as a limiting factor on 
risk--over a period of seconds or even minutes, the average amount of 
product released in an incident will be relatively small.
    At the same time, however, the Committee agreed that the qualified 
person attending the unloading of a cargo tank in metered delivery 
service must be able to quickly mitigate an unintentional release to 
prevent significant consequences. Thus, the Committee recommends that a 
cargo tank motor vehicle in metered delivery service for LPG or 
anhydrous ammonia must be equipped with an off-truck remote means to 
close the internal self-closing stop valve and shut off all motive and 
auxiliary power equipment when activated by a qualified person 
attending the unloading of the cargo tank motor vehicle. The off-truck 
remote must be capable of activation from any place the qualified 
person may need to be during the unloading operation. The activation 
device must not be capable of reopening the internal self-closing stop 
valve once it has been closed in an emergency; this is to assure that 
an operator cannot unintentionally restart the flow of product with the 
off-truck remote during an emergency.
    The Committee recognizes that even reliable, well-designed wireless 
transmitter/receiver systems cannot be expected to function in every 
circumstance. In a small percentage of cases, signal interference may 
require the attendant to change position before such a system will 
function. In a very small number of cases, unusual site conditions may 
make it impossible to operate such a system at all. The latter could 
occur where signal interference is particularly severe (e.g., at a 
radio tower) or where the use of a wireless transmitter is prohibited 
(e.g., at a construction site where blasting operations are being 
conducted). Under the proposed rule, such limitations would be 
considered acceptable. The Committee recognizes that some deliveries 
will be made under conditions where an otherwise operable wireless 
transmitter/receiver system cannot be used or might not function and 
believes that the other safety features of this proposed rule should be 
considered sufficient in such cases. Accordingly, the proposed rule 
would not prohibit deliveries in such circumstances.
    The Committee did not want to limit operators of cargo tanks to a 
single type of off-truck remote shut-off technology. While most include 
radio frequency devices, the Committee is aware of at least one off-
truck remote shut-off device that is located at the end of a specially 
configured delivery hose. This technology increases the abrasion-
resistance of a hose, thereby reducing the potential for hose failures, 
and has the added feature of shutting down the flow of product without 
human intervention in the event of either a delivery hose leak or a 
complete separation of the delivery hose. Where the proposed regulation 
includes a requirement for the qualified person to carry the off-truck 
remote activation device at all times during the unloading process, 
there is an exception for a system that places the remote shut-down 
device at the end of the delivery hose and that also includes an 
automatic shut-down feature that reacts to both hose leaks and complete 
hose separations.
    There are several important safety benefits associated with an off-
truck remote shut-off capability. In the event of an unintentional 
release, the qualified person will be able to quickly close the 
internal self-closing stop valve, thereby minimizing the amount of 
product released. The qualified person will also be able to quickly 
shut off the vehicle's engine and thus eliminate a possible ignition 
source. Further, the qualified person will not be placed in harm's way 
by having to approach the vehicle during an incident when it may be 
enveloped in vapors of released product or engulfed in flames if there 
is a fire at the point of release. These safety benefits are so 
significant that we are adopting the Committee's recommendation to 
require that each cargo tank in metered delivery service transporting a 
non-flammable compressed gas (Division 2.2 material) with a subsidiary 
hazard, a flammable gas (Division 2.1 material), or anhydrous ammonia 
have an off-truck remote shut-off capability designed in accordance 
with the Committee's recommendation.
    c. Cargo tank size and emergency discharge control. The size of 
cargo tanks that transport LPG or anhydrous ammonia in metered delivery 
service varies. Most have a water capacity of 3,500 gallons or less. 
However, we know of between 150 and 170 cargo tanks transporting LPG 
and anhydrous ammonia in metered delivery service with capacities 
greater than 3,500 gallons. The Committee discussed whether larger 
capacity vehicles in metered delivery service present increased risks 
to life, health, property, or the environment. RSPA believes that the 
capacity of a cargo tank could have a significant effect on the worst-
case consequences of an incident, particularly where the qualified 
person's view of the vehicle is obstructed or obscured. To address 
RSPA's concerns, the Committee agreed that cargo tanks with capacities 
greater than 3,500 water gallons transporting LPG and anhydrous ammonia 
in metered delivery service must, for obstructed view deliveries, in 
addition to an off-truck remote shut-off capability, have either: (1) a 
passive shut-down capability to shut off the flow of product without 
human intervention within 20 seconds of an unintentional release caused 
by a complete hose separation, or (2) a means to automatically shut off 
the flow of product unless prompted at least once every five minutes 
during the unloading operation by the person attending the unloading 
operation (e.g., an off-truck remote shut-off capability with a query 
feature). These types of emergency discharge control will assure that 
the unloading operation will shut down even if the qualified person is 
incapacitated.
    Here again, we believe that the safety issues apply equally to 
certain cargo tanks transporting other liquefied compressed gases in 
metered delivery service with hazards similar to LPG and anhydrous 
ammonia. Thus, we are proposing that the Committee's recommendation be 
adopted for all non-flammable compressed gases (Division 2.2 materials) 
with a subsidiary hazard, flammable gases (Division 2.1 materials), and 
anhydrous ammonia in metered delivery service in cargo tanks with 
capacities greater than 3,500 water gallons.
    The following table summarizes our proposal for emergency discharge 
control equipment on cargo tanks transporting liquefied compressed 
gases:

[[Page 13863]]



----------------------------------------------------------------------------------------------------------------
                                                                                        New required emergency
              Material                 Cargo tank capacity      Delivery service     discharge control equipment
----------------------------------------------------------------------------------------------------------------
1. Division 2.2 materials with no    All...................  All...................  None.
 subsidiary hazard, excluding
 anhydrous ammonia.
2. Division 2.3 materials..........  All...................  All...................  Passive shut-down
                                                                                      capability.
3. a. Division 2.2 materials with a  All...................  Other than metered      Passive shut-down
 subsidiary hazard and anhydrous                              delivery service.       capability.
 ammonia.
    b. Division 2.1 materials.
4. a. Division 2.2 materials with a  3,500 water gallons or  Metered delivery        Off-truck remote shut-down
 subsidiary hazard and anhydrous      less.                   service.                capability.
 ammonia.
    b. Division 2.1 materials.
5. a. Division 2.2 materials with a  Greater than 3,500      Metered delivery        Off-truck remote shut-down
 subsidiary hazard and anhydrous      water gallons.          service.                capability and
 ammonia.
    b. Division 2.1 materials in     ......................  ......................  For obstructed view
     cargo tanks.                                                                     deliveries where permitted
                                                                                      by the regulations, an off-
                                                                                      truck remote with a query
                                                                                      feature OR passive shut-
                                                                                      down capability.
----------------------------------------------------------------------------------------------------------------

    We believe that passive shut-down and off-truck remote technology 
provides such important safety benefits that all cargo tanks 
transporting liquefied compressed gases except for Division 2.2 
materials with no subsidiary hazard (excluding anhydrous ammonia) 
should be equipped with one or the other, depending on the type of 
service in which they operate. The risks presented by Division 2.2 
materials with no subsidiary hazard are not sufficient to justify 
either a passive shut-down capability or an off-truck remote shut-off 
capability. Accordingly, we are proposing that MC 330 and MC 331 
specification cargo tank motor vehicles and nonspecification cargo tank 
motor vehicles authorized under Sec. 173.315(k) of the HMR currently in 
operation should be equipped in accordance with the above table. The 
timing of the retrofit is discussed in detail under ``Implementation 
Schedule'' below.
Design and Certification of Emergency Discharge Control Equipment
    We are also proposing specific requirements for certifying the 
design and installation of emergency discharge control equipment. For 
off-truck remote shut-off equipment, our proposal would require that it 
be installed under the supervision of a Registered Inspector, who would 
certify that it was installed according to the manufacturer's 
specifications. For passive shut-down equipment, we propose that its 
design must be certified by a Design Certifying Engineer and its 
installation must be supervised by a Registered Inspector. Separate 
certification of emergency discharge control equipment will allow a 
manufacturer of an MC 331 cargo tank to build and certify a cargo tank 
without installing an emergency discharge control system. The Committee 
was concerned that the requirement for emergency discharge control is 
dependent on the type of service in which the tank is operated, and 
that the manufacturer cannot be expected to know how it will be 
operated at the time of manufacture. The Committee was also concerned 
that cargo tank manufacturers may not have the specialized expertise 
necessary to install and certify the performance of the emergency 
discharge control technology currently being developed.
    Some operators of cargo tank motor vehicles currently in operation 
believe that their passive shut-down systems meet the performance 
requirements contained in this proposed regulation. The Committee 
believes that operators should assure that any such systems comply with 
the new performance standard. Accordingly, the Committee recommends and 
we are proposing that any passive shut-down systems installed on cargo 
tank motor vehicles prior to implementation of the proposed regulation 
must be certified by a Design Certifying Engineer.
    The manufacturers of internal self-closing stop valves with an 
integral excess flow valve or feature participating as members of the 
Committee advised the Committee that, in addition to restrictions in 
downstream piping caused by pumps, other variables may make such a 
valve unsuitable to serve as a means of passive shut-down. Such 
variables include other restrictions incorporated in the discharge 
system (due to pipe and hose dimensions, branching, elbows, reductions 
in pipe diameter, or other in-line valves or fittings), low operating 
pressures as a result of ambient temperatures, or a partially closed 
valve downstream from the excess flow valve, all of which restrict the 
rate of flow through the excess flow valve. In addition, they noted 
that operating conditions will also produce different flow rates 
affecting activation of the valve for different liquefied compressed 
gases because the properties vary from one gas to another. They advised 
the Committee that such variables may prevent activation of the excess 
flow valve in the event of a complete hose separation.
Fusible Elements
    The Committee also discussed the safety benefits of fusible 
elements, which provide a heat-activated means for closing a valve. 
Fusible elements melt when subjected to sufficiently high temperatures, 
thereby effecting closure of the valve to which they are affixed. The 
HMR currently require installation of on-truck remote closures with a 
means of thermal activation on MC-331 cargo tanks with capacities 
greater than 3,500 gallons. The Committee agreed and we are proposing 
that internal self-closing stop valves be equipped with a means of 
thermal activation on all MC 330, MC 331, and nonspecification cargo 
tanks authorized under Sec. 173.315(k) that are not currently so 
equipped.
Operating Procedures
    We are proposing that operators of cargo tank motor vehicles in 
liquefied compressed gas service carry operating procedures applicable 
to unloading operations on or within the cargo tank motor vehicle. The 
operating procedures should include all information relevant to the 
vehicle's emergency discharge control equipment, including the type 
installed on the vehicle and, for passive systems, the parameters 
within which it is designed to operate. This will help to assure that a 
qualified person attending a cargo tank unloading operation is familiar 
with and understands the features of the cargo tank motor vehicle's 
emergency discharge control equipment and how it operates.

D. Implementation Schedule

    The Committee discussed implementation issues in detail and

[[Page 13864]]

agreed on the following implementation schedule outline in the 
following table for the new requirements proposed in this NPRM. [The 
dates noted assume that the final rule will be effective on July 1, 
1999.]

------------------------------------------------------------------------
                   Section                          Compliance date
------------------------------------------------------------------------
1. New emergency discharge control equipment
------------------------------------------------------------------------
    a. Sec.  173.315(k)(6)--Authority for      July 1, 1999.
     nonspecification cargo tank motor
     vehicles to cross state lines to travel
     to and from qualified assembly, repair,
     or requalification facility.
------------------------------------------------------------------------
    b. Sec.  173.315(n)(2)--For cargo tanks    July 1, 2001, for newly
     in other than metered delivery service     manufactured cargo
     and for cargo tanks transporting           tanks. Beginning July 1,
     Division 2.3 materials, a means to         2001, cargo tanks
     automatically shut off the flow of         currently in service
     product without the need for human         begin retrofit at
     intervention within 20 seconds of an       pressure testing
     unintentional release caused by complete   interval.
     hose separation.
------------------------------------------------------------------------
    c. Sec.  173.315(n)(3)--For cargo tanks    July 1, 2001, for newly
     in metered delivery service with           manufactured cargo
     capacity of 3,500 water gallons or less,   tanks. Beginning July 1,
     a means to enable the operator to stop     2001, cargo tanks
     the delivery from any location he may      currently in service
     need to be during unloading.               begin retrofit at
                                                pressure testing
                                                interval.
------------------------------------------------------------------------
    d. Sec.  173.315(n)(3) and (4), Sec.       July 1, 2001, for newly
     177.840(p)(2)(ii)--For cargo tanks in      manufactured cargo
     metered delivery service with capacity     tanks. Beginning July 1,
     greater than 3,500 water gallons, a        2001, cargo tanks
     means to enable the operator to stop the   currently in service
     delivery from any location he may need     begin retrofit at
     to be during unloading AND for             pressure testing
     obstructed view deliveries either a        interval or before July
     passive shut-down capability OR a means    1, 2003, whichever is
     to shut down the unloading operation       earlier.
     unless prompted by the operator at least
     once every five minutes.
------------------------------------------------------------------------
    e. Sec.  173.315(p), Sec.  178.337-        July 1, 1999, for newly
     8(a)(4)--fusible elements on cargo tanks   manufactured cargo
     with capacities less than or equal to      tanks. Beginning July 1,
     3,500 water gallons.                       1999, cargo tanks
                                                currently in service
                                                begin retrofit at
                                                leakage test interval.
 
------------------------------------------------------------------------
2. Unloading procedures
------------------------------------------------------------------------
    a. Sec.  177.840(l)--written operating     January 1, 2000.
     procedures for unloading operations.
------------------------------------------------------------------------
    b. Sec.  177.840(m)--pre-transfer check    July 1, 1999.
     of discharge system.
------------------------------------------------------------------------
    c. Sec.  177.840(n)--shut down of          July 1, 1999.
     unloading in the event of an emergency.
------------------------------------------------------------------------
    d. Sec.  177.840(o)--daily test of         July 1, 1999.
     activation device for cargo tank motor
     vehicles equipped with off-truck remote
     shut-off systems.
------------------------------------------------------------------------
    e. Sec.  177.840(p)--unloading procedures  July 1, 1999.
     and attendance requirements for LPG and
     anhydrous ammonia in metered delivery
     service.
------------------------------------------------------------------------
    f. Sec.  177.840(q)--unloading procedures  July 1, 1999.
     and attendance requirements for LPG and
     anhydrous ammonia in other than metered
     delivery service.
------------------------------------------------------------------------
3. Discharge system inspection and
 maintenance program for cargo tanks
 transporting liquefied compressed gases.
------------------------------------------------------------------------
    a. Sec.  180.407(h)--annual inspection of  The first leakage test
     discharge system by Registered Inspector.  after July 1, 2000.
------------------------------------------------------------------------
    b. Sec.  180.416(b)--hose assembly         July 1, 2000.
     marking.
------------------------------------------------------------------------
    c. Sec.  180.416(c)--post-delivery hose    July 1, 1999.
     check.
------------------------------------------------------------------------
    d. Sec.  180.416(d)--monthly discharge     July 1, 1999.
     system inspections and tests.
------------------------------------------------------------------------
    e. Sec.  180.416(f)--pressure tests for    July 1, 1999.
     new/repaired hose assemblies.
------------------------------------------------------------------------
    f. Sec.  180.416(g)--discharge system      July 1, 1999.
     rejection criteria.
------------------------------------------------------------------------
    g. Sec.  180.407(h)(4); Sec.               July 1, 2000.
     180.416(d)(5), (f)(3)--recordkeeping for
     inspections and tests.
------------------------------------------------------------------------

    Voluntary compliance would be authorized within 30 days of 
publication of the final rule in the Federal Register, providing 
parties and the agency time to file and respond to any petitions for 
reconsideration. New or amended sections not specifically referenced in 
the table would become effective on July 1, 1999.
    The Committee agreed that the new discharge system inspection and 
maintenance requirements and the revised attendance provisions 
applicable to unloading of LPG and anhydrous ammonia should become 
effective [effective date of final rule]. However, the Committee 
believes that the final rule should allow time for development and 
testing of new technologies to meet the requirements for passive and 
off-truck remote shut-off capability. The Committee recommends

[[Page 13865]]

and we are proposing a two-year period for this purpose.
    The Committee is not aware of any passive shut-off technology 
currently installed and functioning on vehicles in liquefied compressed 
gas service that is sufficiently tested and proven to meet the proposed 
new standards. Although several types have been developed and tested on 
a limited basis, none has been subjected to widespread testing under 
all operating conditions. Allowing a two-year development period will 
give industry sufficient time to install prototype designs on cargo 
tanks, operate the tanks for a year while conducting testing, make 
refinements to the technology as necessary, and operate the tanks for 
another year to test the refinements. In-use testing under actual 
winter-delivery conditions--including exposure to road salt, ice, damp 
weather conditions, and geographical variations--is essential. Testing 
the technology over more than one year should result in better, more 
reliable systems.
    The argument above for development of passive shut-off technology 
over two years to ensure reliable functioning in all conditions is also 
applicable to off-truck remote shut-off technology. Industry has been 
installing and testing a number of different radio-frequency devices. 
Testing has shown that some of these devices were inadequate. Further, 
some in the industry have discovered that installation of these devices 
can affect other cargo tank systems, resulting in unwanted or even 
unsafe conditions while the vehicle is in operation. The importance of 
a trial-and-development period is underscored by the experience of 
companies that have installed off-truck remote shut-off systems. Some 
of these have had to be discarded because of problems with reliability, 
range, transmission/receiving antennas, and battery life; maintenance 
difficulties; and inability to operate through obstructions.
    Another factor arguing in favor of a two-year development period is 
that the industry needs time to develop standards for installing off-
truck remote shut-off equipment on cargo tank motor vehicles. There are 
a variety of different make and model vehicles with differing ignition, 
computer, and electrical systems--all of which can affect installation 
of an off-truck remote shut-off device. The actual installation can 
take from half-a-day to two days depending on the installer's 
familiarity with the type of vehicle. A two-year development period 
will provide industry time to develop installation procedures for all 
different types of vehicles.
    The Committee also recommends that operators be permitted to 
retrofit vehicles with the new safety equipment over a five-year period 
on a schedule consistent with a cargo tank's five-year pressure retest 
cycle. This schedule saves the industry the cost of taking a vehicle 
out of service more than once during the five-year period, avoids 
conflicts with the peak periods of use for cargo tanks in LPG and 
anhydrous ammonia service, and provides a standard for implementation 
of this rule that can be checked easily during roadside inspections. No 
MC 330, MC 331, or nonspecification cargo tank used to transport 
liquefied compressed gases would be permitted to operate after its 
first pressure testing interval occurring after [two years after the 
effective date of the final rule] unless it is equipped with 
appropriate emergency discharge control equipment. All equipment 
retrofits would be completed by [seven years after the effective date 
of the final rule].
    Given the rates at which cargo tank motor vehicles are rechassised 
and requalified, the Committee estimates that over half of all cargo 
tank motor vehicles subject to the proposed retrofit requirements will 
be equipped within the first two years after the two-year development 
period. About 90 percent of affected vehicles will be equipped by the 
end of the fourth year.
    The Committee also recommends and we are proposing that cargo tanks 
authorized under Sec. 173.315(k) of the HMR, which are currently 
limited to intrastate operations, should be permitted to cross state 
lines for the purpose of traveling to and from a qualified assembly, 
repair, maintenance, or requalification facility. The cargo tank need 
not be cleaned and purged, but it may not contain liquefied petroleum 
gas in excess of five percent of the water capacity of the cargo tank. 
Vehicles supplied with engine fuel from the cargo tank would be 
permitted to carry sufficient fuel for the trip to or from the 
facility.
    The Committee took note of the fact that, beginning in the spring 
of 1997, several operators of cargo tanks transporting liquefied 
compressed gases installed off-truck remote shut-off devices in efforts 
to address RSPA's concern over emergency discharge control. The 
Committee agreed that companies that installed off-truck remote shut-
offs designed to close the internal self-closing stop valve from a 
distance of at least 150 feet should not be required to retrofit their 
vehicles to meet the requirements for off-truck remote shut-off devices 
being proposed here. Thus, the Committee recommends and we are 
proposing that cargo tank motor vehicles in metered delivery service, 
with capacities less than or equal to 3,500 gallons, that are equipped 
with off-truck remote shut-offs that close the internal self-closing 
stop valve will not be subject to the retrofit requirements if the 
systems were installed prior to [one year after effective date of final 
rule]. When a system reaches the end of its useful life, a replacement 
system would be required to conform to the new requirements proposed in 
this NPRM.
    Because of RSPA's concern about the potential risk involved with 
larger capacity cargo tanks, the Committee agreed and we are proposing 
that cargo tank motor vehicles in metered delivery service with 
capacities greater than 3,500 water gallons must have an off-truck 
remote shut-off capability to shut the internal self-closing stop valve 
or other primary means of closure and shut down all motive and 
auxiliary power by [four years after effective date of final rule], 
whether or not they are due to be requalified at that time and whether 
or not they are already equipped with off-truck remote shut-off devices 
that close the internal self-closing stop valve. When such vehicles are 
used to make deliveries where the qualified person monitoring the 
unloading operation cannot maintain an unobstructed view of the cargo 
tank, the vehicles must have either a passive shut-down capability or a 
query feature as proposed above by [four years after effective date of 
final rule].
    We anticipate that periodic progress reviews will be needed during 
the two-year development and testing cycle for emergency discharge 
control technology. These reviews would help foster communication 
between industry and government and function as a catalyst for critical 
development and testing needs that may occur.
    We plan to work in partnership with the industry to assure 
widespread dissemination of information on the development and testing 
of emergency discharge control technology. We envision that this effort 
will parallel training and research conducted by organizations such as 
the Propane Education and Research Council, the National Propane Gas 
Association, the Fertilizer Institute, and the Compressed Gas 
Association. Key elements of the progress review and study may include: 
(1) surveying and cataloging industry efforts; (2) identification and 
communication of successes and problems; (3) monitoring or performing 
critical research and development; and (4) testing. We will also 
explore possible sponsorship of technology exchange

[[Page 13866]]

forums to highlight the state of technology development and 
implementation.

E. Miscellaneous

    In addition to the proposals outlined above, we are proposing 
revisions to the current specification for MC 331 cargo tanks to 
accommodate new requirements for hose assembly testing, emergency 
discharge control, excess flow valves, and thermal means of closing an 
internal self-closing stop valve. Several members of the Committee also 
suggested that the MC 331 cargo tank specification should be clarified 
and simplified. This is particularly important with the introduction of 
new terminology and the need to differentiate types of discharge 
control. To accomplish this, the Committee agreed to revisions to the 
current specification, described in more detail in the section-by-
section review below, that would add several defining terms and place 
all requirements for outlets, inlets, and openings in a single section.

F. Section-by-Section Review

Part 171
    Section 171.5. The provisions initially adopted as a temporary 
measure would be removed. Through the amendments proposed in this 
notice, these temporary measures would no longer be necessary.
    Section 171.7. We propose to revise the incorporations by reference 
to reflect the most recent publication of The Chlorine Institute.
    Section 171.8. We propose to add a new definition for ``metered 
delivery service.''
Part 173
    Section 173.315. Paragraph (k) sets forth requirements that must be 
met for use of nonspecification cargo tanks to transport LPG. Paragraph 
(k)(4) currently requires that such cargo tanks conform to the 
requirements of Pamphlet 58 of the National Fire Protection 
Association. We are proposing to include an exception from this 
requirement where the provisions of Pamphlet 58 are inconsistent with 
Parts 178 and 180 of the HMR. We also propose to permit such tanks to 
cross state lines to travel to and from a qualified assembly, repair, 
maintenance, or requalification facility under certain conditions. 
Finally, we propose to rewrite paragraph (k) for clarity.
    We are proposing to revise paragraph (n) to add requirements for 
emergency discharge control equipment on cargo tanks transporting 
liquefied compressed gases. We concluded that the emergency discharge 
control equipment design and certification requirements should not be 
included with the MC 331 cargo tank specification in Part 178 of the 
HMR. The new requirements are material-specific depending on the degree 
of risk associated with specific classes of liquefied compressed gases. 
The MC 331 cargo tank specification in Part 178 sets forth requirements 
for all MC 331 cargo tanks that apply irrespective of the specific 
material transported in the tank. For these reasons, we have placed the 
new emergency discharge control requirements in Part 173, which sets 
forth general requirements for shipments and packagings.
    Proposed paragraph (n)(1) includes a table that shows the 
subparagraphs of proposed paragraph (n) where emergency discharge 
control requirements applicable to specific liquefied compressed gases 
are located.
    Proposed paragraph (n)(2) describes the emergency discharge control 
equipment that will be required on cargo tanks used to transport 
liquefied compressed gases in other than metered delivery service and 
requirements for installation and certification. Proposed paragraph 
(n)(2)(ii) would require the design for equipment to be certified by a 
Design Certifying Engineer. The certification would be required to 
consider any specifications of the original component manufacturer and 
would explain how the passive means to shut off the flow of product 
operates. This certification is separate from the certification 
required for an MC 331 cargo tank motor vehicle under Sec. 178.337-18. 
Proposed paragraph (n)(2)(iii) would require installation under the 
supervision of a Registered Inspector except for equipment, such as a 
delivery hose assembly, that is installed and removed as part of 
regular operations.
    Proposed paragraphs (n)(3) and (n)(4) describe the emergency 
discharge control equipment that would be required on cargo tanks 
transporting liquefied compressed gases in metered delivery service, 
including requirements for installation and certification. Proposed 
paragraph (n)(5) shows the dates by which cargo tanks used for 
transporting liquefied compressed gases must come into compliance with 
the new emergency discharge control equipment requirements.
    We are also proposing to add paragraph (p) to require each 
specification MC 330, MC 331, and nonspecification cargo tank 
authorized under Sec. 173.315(k) to conform to the new requirements for 
fusible elements.
Part 177
    Section 177.834. We propose to revise paragraph (i)(3), which 
currently covers attendance requirements for loading and unloading of 
all cargo tank motor vehicles, to reference the new provisions in 
Sec. 177.840 that set forth attendance procedures specifically 
applicable to unloading of LPG and anhydrous ammonia. In addition, we 
are revising this paragraph to clarify that the person monitoring the 
unloading operation must be alert and have an unobstructed view of the 
cargo tank and the delivery hose to the maximum extent practicable. We 
propose to remove paragraph (i)(5) for clarity.
    Section 177.840. We propose to add several new provisions 
concerning unloading procedures for liquefied compressed gases. 
Paragraph (l) would require that each operator of a cargo tank motor 
vehicle transporting a liquefied compressed gas carry a written 
operating procedure for all delivery operations on the cargo tank motor 
vehicle. The operating procedure would describe the vehicle's emergency 
discharge control features and, for passive systems, set forth the 
parameters within which they are designed to function. If the cargo 
tank motor vehicle relies on a specially equipped delivery hose to meet 
the requirements of Sec. 173.315(n)(2), the procedure would describe 
the conditions under which use of a facility-provided hose for 
unloading is authorized.
    We propose to add paragraph (m) to require that, before each 
transfer from a cargo tank motor vehicle containing a liquefied 
compressed gas, the qualified person unloading the cargo tank must 
check those components of the discharge system that are readily 
observed during the normal course of unloading after the pressure in 
the discharge system has reached at least equilibrium with the pressure 
in the cargo tank. The qualified person would determine that each 
component is of sound quality and without obvious defects detectable 
through visual observation and audio awareness. The qualified person 
would also assure that all connections are secure. This paragraph would 
also prohibit an operator from unloading a liquefied compressed gas if 
the discharge system has any of the defects listed in proposed 
Sec. 180.416(g).
    Paragraph (n) would require the qualified person to promptly shut 
the internal self-closing stop valve or other primary means of closure 
and shut down all motive and auxiliary power equipment in the event of 
an unintentional release during unloading.

[[Page 13867]]

    Paragraph (o) would require that operators of cargo tank motor 
vehicles with an off-truck remote shut-off capability successfully test 
the activation device within 18 hours prior to the first delivery of 
each day. The person conducting the test must be at least 150 feet from 
the cargo tank and may have the cargo tank in his line of sight. A test 
at this distance should help to assure that the activation device will 
function at the maximum distance permitted for a qualified person 
attending an unloading operation.
    Paragraphs (p) and (q) provide proposed attendance requirements for 
unloading LPG and anhydrous ammonia. For cargo tank motor vehicles in 
metered delivery service, paragraph (p) would require that a qualified 
person must remain within 150 feet of the cargo tank motor vehicle and 
within 25 feet of the delivery hose and must observe both the cargo 
tank and the receiving container at least once every five minutes while 
the internal self-closing stop valve is open. Proposed paragraph (p)(2) 
sets forth attendance requirements for unloading LPG and anhydrous 
ammonia from cargo tank motor vehicles with capacities greater than 
3,500 gallons.
    Paragraph (q) proposes revised attendance requirements for cargo 
tank motor vehicles unloading LPG or anhydrous ammonia in other than 
metered delivery service. For these vehicles, the qualified person must 
remain within 25 feet of the cargo tank throughout the unloading 
operation and must maintain an unobstructed view of the cargo tank 
except when activating controls or monitoring the receiving container 
for brief periods.
    Paragraph (r) proposes conditions under which cargo tanks equipped 
with emergency discharge control equipment that is part of the delivery 
hose may be unloaded using facility-provided hoses.
    Proposed paragraph (s) would require that, for a cargo tank with an 
off-truck remote shut-off, the qualified person must be in possession 
of the activation device at all times during the unloading operation. 
This paragraph includes an exception from this requirement if the 
activation device is part of a system that will shut off the unloading 
operation without human intervention in the event of a leak or 
separation of the delivery hose.
    Proposed paragraph (t) would require that, until a cargo tank motor 
vehicle unloading liquefied compressed gases in other than metered 
delivery service is equipped with a passive means to shut down 
unloading, the qualified person attending the unloading operation must 
remain within arm's reach of a means to shut down the unloading 
operation except for short periods to activate controls or monitor the 
receiving container.
    Proposed paragraph (u) would require that chlorine be unloaded from 
cargo tanks in accordance with procedures set forth in section 3 of 
Pamphlet 57 published by the Chlorine Institute. This proposal responds 
to comments received under Docket HM-225.
Part 178
    Section 178.337-1. We are proposing to add a new paragraph (g) that 
would define ``emergency discharge control,'' ``excess flow valve, 
integral excess flow valve or excess flow feature,'' ``internal self-
closing stop valve,'' and ``primary discharge control system.''
    Section 178.337-8. We are proposing to retitle and rewrite this 
section to place all of the requirements related to MC 331 cargo tank 
openings, inlets, and outlets in one section. Paragraph (a)(1) would be 
rewritten for clarity. Paragraph (a)(2) would be revised to indicate 
the specific cargo tank openings that must be closed with a plug, cap, 
or bolted flange.
    Paragraph (a)(3) would be added to describe requirements for 
product inlet openings, including vapor return lines, and to move 
applicable requirements concerning installation and materials of 
construction from Secs. 178.337-11(a)(1)(ii) and 178.337-11(a)(1)(iii).
    Paragraph (a)(4) would be added to describe requirements for liquid 
and vapor discharge outlets. This paragraph also specifies performance 
requirements for thermal remote actuators and for linkages between 
closures and remote actuators currently in Sec. 178.337-11(a)(2). All 
cargo tanks, except for those used to transport chlorine, carbon 
dioxide, refrigerated liquid, and certain cargo tanks certified before 
January 1, 1995, would be required to have a primary discharge control 
system consisting of an internal self-closing stop valve with an on-
truck remote means of closure that operates by both manual and thermal 
means. This paragraph would thus implement the Committee's 
recommendation that all MC 331 cargo tanks, regardless of their 
capacities, must be equipped with fusible elements.
    Proposed paragraph (a)(4)(i) would incorporate requirements for 
remote closures on cargo tanks greater than 3,500 gallons water 
capacity. These requirements are currently in Sec. 178.337-11(a)(2)(i). 
Paragraph (a)(4)(ii) would incorporate requirements currently in 
Sec. 178.337-11(a)(2)(ii) for remote closures on cargo tanks with water 
capacities of 3,500 gallons water capacity or less. This paragraph 
includes a new requirement for a remote means of closure that operates 
by thermal means. Proposed paragraph (a)(4)(iii) would move applicable 
requirements concerning installation and materials of construction for 
internal self-closing stop valves from Secs. 178.337-11(a)(1)(ii) and 
(a)(1)(iii). Proposed paragraph (a)(4)(iv) would clarify performance 
requirements for excess flow valves, integral excess flow valves, and 
excess flow features. Proposed paragraph (a)(4)(v) would permit an 
integral excess flow valve or the excess flow feature of an internal 
self-closing stop valve to be designed with a bypass and would specify 
bypass requirements currently found in Sec. 178.337-11(a)(1)(vi). 
Proposed paragraph (a)(4)(vi) would specify construction requirements 
for internal self-closing stop valves currently located in 
Sec. 178.337-11(a)(1)(ii).
    Proposed paragraph (a)(5) would move exceptions from the 
requirement for a primary discharge control system from Sec. 178.337-
11(a)(2) and (c). Proposed paragraph (a)(6) would move requirements for 
shut-off valves from Sec. 178.337-11(b). Proposed paragraph (a)(7) 
would permit an excess flow valve to be designed with a bypass for 
equalization of pressure.
    Proposed paragraph (b) moves and updates requirements applicable to 
chlorine cargo tanks from Sec. 178.337-11(a)(4). Proposed paragraph (c) 
moves and restates the current exception from the requirement for an 
internal self-closing stop valve for cargo tanks that transport carbon 
dioxide, refrigerated liquid, currently in Sec. 178.337-11(a)(3).
    Section 178.337-9. We propose to revise paragraph (b)(6) to move 
the hose testing requirements to a new paragraph (b)(7), which would 
require that hose assemblers mark each hose assembly with a unique 
identifier and test the hose assembly in accordance with the new 
testing requirements proposed in Sec. 180.416(f). Current paragraph 
(b)(7) would be redesignated as (b)(8) and updated to incorporate the 
most recent publications of The Chlorine Institute. This proposal 
responds to comments received to Docket HM-225. In addition, we are 
modifying paragraph (c) of this section to allow for a product inlet to 
be marked as ``spray-fill'' or ``vapor.'' This is a common industry 
practice that addresses safety concerns about ensuring that loading and 
unloading lines are correctly connected. The proposed revision should 
clarify any confusion among enforcement personnel about whether this 
practice is permitted.

[[Page 13868]]

    Section 178.337-11. We are proposing a new paragraph (a) to require 
that liquid discharge lines in MC 331 cargo tanks must be fitted with 
emergency discharge control equipment as specified by product and 
service in Sec. 173.315(n). This paragraph would also note that 
performance and certification requirements for emergency discharge 
control equipment are specified in Sec. 173.315(n) and are not 
considered to be part of the MC 331 cargo tank motor vehicle 
certification. In addition, we propose to redesignate paragraph (a) as 
paragraph (b) and modify redesignated paragraph (b)(1)(v) to accurately 
reflect the performance capabilities of excess flow valves.
    Proposed paragraph (b) restates the exception from emergency 
discharge control requirements in current paragraph (c)(3) of this 
section.
    Current paragraphs (a)(1)(ii), (iii), (iv), and (vi) would be 
relocated to Sec. 178.337-8. Current paragraph (a)(1)(v) would be 
removed. Current paragraphs (a)(2), (a)(2)(i) and (ii), (a)(3), and 
(a)(4) and current paragraph (b) would be moved to Sec. 178.337-8.
Part 180
    Section 180.403. We propose to add a definition for ``delivery hose 
assembly'' and for ``piping systems.'' In addition, we propose to 
revise the current definition for ``modification'' to specify that a 
change in the design of the passive shut-down capability of the 
emergency discharge control equipment would be considered a 
modification. This would make a modification of this equipment subject 
to certification by a Design Certifying Engineer under Sec. 180.413(d).
    Section 180.405. We propose to revise this section to incorporate 
the retrofit requirements for MC 330, MC 331, and nonspecification 
cargo tank motor vehicles authorized under Sec. 173.315(k). For both 
passive shut-down and off-truck remote equipment, a cargo tank motor 
vehicle must be retrofitted by the date of its first scheduled pressure 
test two years after the effective date of the final rule. For a cargo 
tank of greater than 3,500 gallons capacity operating in metered 
delivery service, we propose to allow two years to accomplish the 
required retrofit; thus, retrofits must be completed no later than four 
years after the effective date of the final rule or by the cargo tank's 
first scheduled pressure test two years after the effective date of the 
final rule, whichever is earlier. For fusible elements, a cargo tank 
must be retrofitted by the date of its first scheduled leakage test 
after the effective date of the final rule.
    Section 180.407. We are proposing to revise paragraph (h) of this 
section to authorize a ``meter creep'' test for checking the leak 
tightness of an internal self-closing stop valve and to add a 
requirement that delivery hose assemblies and piping systems of MC 330, 
MC 331, and nonspecification cargo tanks authorized under 
Sec. 173.315(k) must be visually inspected while under leakage test 
pressure. Delivery hose assemblies that are not permanently attached to 
the cargo tank motor vehicle may be inspected separately from the cargo 
tank motor vehicle. This paragraph also proposes recordkeeping 
requirements related to the leakage test.
    Section 180.416. We are proposing to add a new section to 
incorporate the new delivery hose assembly and piping system inspection 
and maintenance program for cargo tank motor vehicles transporting LPG 
and anhydrous ammonia. The new section includes requirements for 
marking delivery hose assemblies, post-delivery hose checks, monthly 
inspections and tests, annual inspections and tests, and testing new 
and repaired delivery hose assemblies. The section also includes 
recordkeeping requirements and rejection criteria for both delivery 
hose assemblies and discharge system piping.
    Appendices to Part 180. We propose to add Appendices A and B to 
Part 180. Appendix A would outline acceptable methods for conducting 
periodic tests to assure that the linkages connecting an internal self-
closing stop valve to its remote actuators on a cargo tank in other 
than metered delivery service will move freely when activated by the 
operator. Appendix B would outline acceptable leakage tests, including 
the ``meter creep test,'' for an internal self-closing stop valve on a 
cargo tank in metered delivery service.

V. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866. The rule is 
considered significant under the Regulatory Policies and Procedures of 
the Department of Transportation (44 FR 11034) because of public 
interest. A preliminary regulatory evaluation is available for review 
in the docket.

B. Executive Order 12612

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12612 
(``Federalism''). Federal hazardous materials transportation law, 49 
U.S.C. 5701-5127, contains an express preemption provision (49 U.S.C. 
5125(b)) that preempts state, local, and Indian tribe requirements on 
certain covered subjects. Covered subjects are:
    (i) The designation, description, and classification of hazardous 
material;
    (ii) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (iii) The preparation, execution, and use of shipping documents 
related to hazardous material and requirements related to the number, 
contents, and placement of those documents;
    (iv) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; and
    (v) The design, manufacturing, fabricating, marking, maintenance, 
reconditioning, repairing, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This proposed rule addresses covered subjects under items (i) 
through (v) above and, if adopted, would preempt state, local, or 
Indian tribe requirements not meeting the ``substantively the same'' 
standard. Federal hazardous materials transportation law provides at 
Sec. 5125(b)(2) that if RSPA issues a regulation concerning any of the 
covered subjects RSPA must determine and publish in the Federal 
Register the effective date of federal preemption. The 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. 
Thus, RSPA lacks discretion in this area, and preparation of a 
federalism assessment is not warranted. RSPA proposes that the 
effective date of federal preemption for these requirements be 90 days 
after a final rule is issued in this rulemaking.

C. Executive Order 13084

    This proposed rule has not been analyzed in accordance with the 
principles and criteria in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because revised rules 
and regulations resulting from this NPRM are not expected to 
significantly or uniquely affect communities of Indian tribal 
governments, the funding and consultation requirements of this 
Executive Order do not apply. Nevertheless, this NPRM specifically 
requests comments from affected persons, including Indian tribal 
governments, as to its potential impact.

[[Page 13869]]

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. Based on 
the assessment in the preliminary regulatory evaluation, I hereby 
certify that the proposed rule would not have a significant economic 
impact on a substantial number of small businesses.
    Need for the proposed rule. The goal of the proposed regulations is 
to enhance transportation safety by improving the regulations governing 
the unloading of liquefied compressed gases from MC 330, MC 331 and 
certain nonspecification cargo tanks. Concerns about emergency 
discharge control on some of these cargo tanks were identified 
following an incident in 1996. In 1997, RSPA adopted an interim final 
rule establishing certain temporary regulations under which cargo tanks 
could remain in service while RSPA evaluated this incident and other 
situations in which liquefied compressed gases were released 
unintentionally from cargo tanks during unloading operations. The 
interim final rule expires July 1, 1999. The proposals in this NPRM are 
intended to replace the provisions of the interim final rule with a 
comprehensive safety program intended to reduce the risk of an 
unintentional release of a liquefied compressed gas during unloading, 
assure prompt detection and control of an unintentional release, and 
make the regulatory requirements easier to understand and comply with.
    Objectives and legal basis for the proposed rule. As indicated 
above and in previous rulemakings under Docket HM-225 (RSPA-97-2133), 
the goal of this rulemaking is to enhance safety in transportation 
through improvements in the regulations governing the unloading of 
liquefied compressed gases from MC 330, MC 331, and certain 
nonspecification cargo tanks. Federal hazardous materials 
transportation law (49 U.S.C. 5101 et seq.) directs the Secretary of 
Transportation to prescribe regulations for the safe transportation of 
hazardous materials in intrastate, interstate, and foreign commerce. 
Section 5103(b) specifies that the regulations shall apply to persons 
transporting hazardous materials in commerce; causing hazardous 
materials to be transported in commerce; or manufacturing, marking, 
maintaining, reconditioning, repairing, or testing a packaging or 
container that is represented, marked, certified, or sold by such 
persons as qualified for use in transporting hazardous materials in 
commerce.
    Identification of potentially affected small entities. Unless 
alternative definitions have been established by the agency in 
consultation with the Small Business Administration, the definition of 
``small business'' has the same meaning as under the Small Business 
Act. Therefore, since no such special definition has been established, 
RSPA employs the thresholds (published in 13 CFR 121.201) of 100 
employees for wholesale trade in general and $5,000,000 annual sales 
for retail trade in general.
    1. Liquefied petroleum gas dealers constitute the principal type of 
business on which new costs for compliance will be imposed by this 
rule. Using the Small Business Administration definitions and the 
latest (1992) available Census of Retail Trade, it appears that over 95 
percent of retail liquefied petroleum gas dealers must be considered 
small businesses for purposes of the Regulatory Flexibility Act. In the 
1992 Census, they accounted for over 50 percent of business locations 
and almost 43 percent of annual sales. Unpublished 1992 Census of 
Wholesale Trade figures provided to RSPA by the U.S. Bureau of the 
Census indicate that over 95 percent of merchant wholesalers of 
liquefied petroleum gas must be considered small businesses; they 
account for approximately 40 percent of annual sales and over 50 
percent of business locations.
    In addition to liquefied petroleum gas dealers, shippers and 
transporters of liquefied compressed gases such as anhydrous ammonia, 
chlorine and other materials classified as poisonous by inhalation, and 
refrigerant gases would incur new compliance costs associated with the 
proposed rule. The Small Business Administration threshold for 
manufacturers of industrial gases (SIC 2813) is 1,000 employees, as is 
the threshold established for manufacturers of nitrogenous fertilizers 
(SIC 2873). For motor freight transportation and warehousing (Major 
Group 42), the threshold is annual revenues of $18.5 million. Using 
these criteria, RSPA estimates that at least 90 percent of shippers and 
transporters of liquefied compressed gases, in bulk, are small 
businesses.
    Shippers and transporters of liquefied compressed gases would incur 
compliance costs in the amounts outlined in the preliminary regulatory 
evaluation for implementation of hose management and discharge system 
inspection and maintenance programs, installation of new emergency 
discharge control equipment on cargo tanks, and for revised unloading 
procedures. For a small propane marketer that operates three smaller 
cargo tank motor vehicles used in local retail deliveries of propane, 
RSPA estimates an increased cost of operation of $804 per year, 
including increased recordkeeping costs. If such a propane marketer 
delivers 400,000 gallons of propane per year (800 deliveries per cargo 
tank motor vehicle at an average rate of 166 gallons per delivery) the 
annual increase per gallon of product sold is $0.00201. RSPA fully 
anticipates that this additional cost of operation would be passed 
along to the consumer. On a typical delivery of 166 gallons of propane, 
the additional charge attributed to new requirements proposed in this 
rule come to $0.33. Considering that the national average residential 
price of propane on January 18, 1999 was $0.890 per gallon, RSPA 
determined that there would be no significant economic impact, in terms 
of lost sales or otherwise, on a small propane marketer that increases 
the price of residential propane to $0.892 per gallon.
    2. Besides shippers and transporters of liquefied compressed gases, 
cargo tank assembly, repair, or requalification facilities will also 
incur compliance costs associated with the proposed rule that requires 
installation of certain equipment on the cargo tank must be examined by 
a Registered Inspector. For these entities, the Small Business 
Administration threshold is 1,000 employees (SIC 3795). There are about 
150 assembly, repair, or requalification facilities currently 
registered with RSPA to handle MC 331 cargo tanks. RSPA estimates that 
at least 90 percent of these entities are small businesses. Under the 
proposed rule, assembly, repair, and requalification facilities will 
incur compliance costs associated with certifying the installation of 
emergency discharge control equipment. Each of those facilities has 
filed a self-certified registration statement with RSPA and must re-
register every 6 years. Under its current OMB approval (2137-0014), 
RSPA estimated that the time required to prepare and file an initial 
registration statement with RSPA is 20 minutes, and re-registrations 
require 15 minutes, at an average cost of $20 per hour. Over a six-year 
period, the annual cost is little more than $1. Here again, RSPA 
determined that there would be no significant economic impact on any 
small facility that would need to file a registration statement in the 
future.
    Related federal rules and regulations. The Department of Labor's 
Occupational

[[Page 13870]]

Safety and Health Administration (OSHA) issues regulations related to 
safe handling, including containment and transfer operations, of 
hazardous materials, including liquefied compressed gases, in the 
workplace. These regulations are codified at 29 CFR Part 1910. Where 
both agencies have issued rules related to specific materials or 
operations, the OSHA rules defer to the RSPA regulations.
    Alternate proposals for small businesses. The Regulatory 
Flexibility Act suggests that it may be possible to establish 
exceptions and differing compliance standards for small business and 
still meet the objectives of the applicable regulatory statutes. 
However, given the importance of small business, as defined for 
purposes of the Regulatory Flexibility Act, in liquefied compressed gas 
distribution and especially in its retail sector, RSPA believes that it 
would not be possible to establish such differing standards and still 
accomplish the objectives of federal hazardous materials transportation 
law.
    While certain regulatory actions may affect the competitive 
situation of an industry by imposing relatively greater burdens on 
small-scale than on large-scale enterprises, RSPA does not believe that 
this will be the case with the proposed rule. The principal types of 
compliance expenditures effectively required by the proposed rule are 
new requirements for discharge system inspection and maintenance and 
new requirements for emergency discharge control equipment. These 
expenditures are imposed on each vehicle, whether operated within a 
large or a small fleet.
    At the same time, RSPA notes that the proposed rules were developed 
under the assumption that small businesses comprise an overwhelming 
majority of entities that would be compelled to comply. The NPRM was 
developed through a negotiated rulemaking process by a committee that 
included representatives of the interests affected by the regulations, 
including businesses that transport and deliver liquefied petroleum 
gases, anhydrous ammonia and other liquefied compressed gases; 
manufacturers and operators of cargo tanks and vehicle components; and 
state and local public safety and emergency response agencies. Many of 
the committee members represented small businesses. In developing the 
proposed rules, the negotiated rulemaking committee considered each 
requirement and agreed that the overall safety benefits of the proposed 
regulations justify the compliance costs that the regulated industry 
will incur.
    RSPA is proposing a two-year period for development and testing of 
new technologies for emergency discharge control and plans to provide 
support for development and testing of such technology in a cooperative 
effort with industry. RSPA anticipates that this effort will parallel 
training and research conducted by organizations such as the Propane 
Education and Research Council, the National Propane Gas Association, 
The Fertilizer Institute, and the Compressed Gas Association. Key 
elements of the progress review and study may include: (1) surveying 
and cataloging industry efforts; (2) identification and communication 
of successes and problems; (3) monitoring or performing critical 
research and development; and (4) testing.
    Further, to minimize the compliance burden, RSPA is proposing a 
five-year retrofit period for installation of new emergency discharge 
control equipment on a schedule consistent with a cargo tank's five-
year pressure retest date. This schedule saves the industry the cost of 
taking a vehicle out of service more than once during the five-year 
period and avoids conflicts with the peak periods of use of cargo tanks 
in liquefied petroleum gas and anhydrous ammonia service.
    Moreover, RSPA recognizes that, beginning in the spring of 1997, 
several operators of cargo tanks transporting liquefied compressed 
gases installed off-truck remote control devices in an effort to 
address RSPA's concern over emergency discharge control. Companies that 
installed off-truck remote shut-offs designed to close the internal 
self-closing stop valve should not be required to retrofit their 
vehicles to meet the requirements for off-truck remote shut-off devices 
being proposed here. Thus, RSPA is proposing that cargo tank motor 
vehicles that are equipped with off-truck remote shut-off devices that 
close the internal self-closing stop valve will not be subject to the 
retrofit requirements if the systems were installed prior to one year 
after the effective date of the final rule.
    In addition, RSPA is proposing that nonspecification cargo tanks 
authorized for liquefied petroleum gas service under Sec. 173.315(k) of 
the Hazardous Materials Regulations, which are limited to intrastate 
operations, be permitted to cross state lines for the purpose of 
traveling to or from a qualified assembly, repair, maintenance, or 
requalification facility. This will save operators the cost of 
traveling to a facility within the state in which they operate when 
there is a closer facility in a neighboring state.
    Conclusion. RSPA has determined that the cost of complying with the 
proposed requirements, including proposed new recordkeeping 
requirements, should not significantly affect the cost of transporting 
and delivering liquefied compressed gases. Based on this initial 
analysis, RSPA believes that the proposed rules will not impose a 
substantial economic burden on a significant number of small businesses 
or other small entities.

E. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to a collection of information unless it displays a valid OMB 
control number. RSPA has a current information collection approval 
under OMB No. 2137-0595, Cargo Tank Motor Vehicles in Liquefied 
Compressed Gas Service, which expires July 1, 1999, with 8,300 burden 
hours and an annual cost of $85,000. RSPA believes that this proposed 
rule may result in an increase in annual burden hours and costs. If 
these proposals are finalized, RSPA will revise the current approval 
and resubmit it to OMB for extension and re-approval.
    Section 1320.8(d), Title 5, Code of Federal Regulations, requires 
that RSPA provide interested members of the public and affected 
agencies an opportunity to comment on information collection and 
recordkeeping requests. This proposal identifies information collection 
that RSPA may submit to OMB for extension and re-approval based on the 
requirements in this proposed rule. RSPA has revised burden estimates, 
where appropriate, to reflect current reporting levels or adjustments 
based on changes in this proposed rule since the information collection 
was last approved. RSPA estimates that the total information collection 
and recordkeeping burden for transportation and unloading of cargo tank 
motor vehicles in liquefied compressed gas service requirements would 
be revised as follows:
    OMB No.: 2137-0595.
    Number of Respondents: 6,958.
    Total Annual Responses: 920,530.
    Total Annual Burden Hours: 200,615.
    Total Annual Burden Cost: $2,621,141.
    One Time Annual Start Up Burden Hours: 14,490.
    One Time Annual Start Up Cost: $161,615.
    Total Responses for First Year: 990,563.
    Total Annual Burden Hours for First Year: 215,105.
    Total Annual Burden Cost for First Year: $2,782,756.
    RSPA specifically requests comments on the information collection 
and recordkeeping burdens associated with

[[Page 13871]]

developing, implementing, and maintaining these requirements for 
transportation and unloading of cargo tank motor vehicles in liquefied 
compressed gas service under this proposed rule.
    Requests for a copy of the information collection should be 
directed to Deborah Boothe, Office of Hazardous Materials Standards 
(DHM-10), Research and Special Programs Administration, Room 8102, 400 
Seventh Street, SW, Washington, DC 20590-0001, Telephone (202) 366-
8553.
    Written comments should be addressed to the Dockets Management 
System as identified in the ADDRESSES section of this rulemaking. 
Comments should be received prior to the close of comment period 
identified in the DATES section of this rulemaking.
    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to an information collection unless it displays a valid OMB 
control number. If these proposed requirements are adopted in a final 
rule, RSPA will submit the revised information collection and 
recordkeeping requirements to the Office of Management and Budget for 
approval.

F. 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 containing in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

G. Unfunded Mandates Reform Act

    This proposed rule imposes no mandates and thus does not impose 
unfunded mandates under the Unfunded Mandates Reform Act of 1995.

H. Impact on Business Processes and Computer Systems

    Many computers that use two digits to keep track of dates will, on 
January 1, 2000, recognize ``double zero'' not as 2000 but as 1900. 
This glitch, the Year 2000 problem, could cause computers to stop 
running or to start generating erroneous data. The Year 2000 problem 
poses a threat to the global economy in which Americans live and work. 
With the help of the President's Council on Year 2000 Conversion, 
federal agencies are reaching out to increase awareness of the problem 
and to offer support. We do not want to impose new requirements that 
would mandate business process changes when the resources necessary to 
implement those requirements would otherwise be applied to the Year 
2000 problem.
    This proposed rule does not propose business process changes or 
require modifications to computer systems. Because this proposed rule 
apparently does not affect organizations' ability to respond to the 
Year 2000 problem, we do not intend to delay the effectiveness of the 
proposed requirements.

I. Environmental Assessment

    RSPA finds that there are no significant environmental impacts 
associated with proposed regulations resulting from the negotiated 
rulemaking to develop safety standards for preventing and mitigating 
unintentional releases during the unloading of cargo tank motor 
vehicles in liquefied compressed gas service. A copy of the 
environmental assessment has been placed in the public docket for this 
rulemaking.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 177

    Hazardous materials transportation, Motor carriers, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 178

    Hazardous materials transportation, Motor vehicle safety, Packaging 
and containers, Reporting and recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Railroad safety, Reporting and 
recordkeeping requirements.

    In consideration of the foregoing, we propose to amend 49 CFR Parts 
171, 173, 177, 178, and 180 as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for part 171 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec. 171.5  [Removed]

    2. Section 171.5 would be removed.
    3. In Sec. 171.7, in the table in paragraph (a)(3), a new entry 
would be added in alphanumeric sequence, under the Chlorine Institute, 
Inc., to read as follows:


Sec. 171.7  Reference material.

    (a) * * *
    (3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
                                                              49 CFR
               Source and name of material                   reference
------------------------------------------------------------------------
 
      *                   *                   *                   *
                   *                   *                   *
Chlorine Institute, Inc.
 
      *                   *                   *                   *
                   *                   *                   *
Section 3, Pamphlet 57, Emergency Shut-Off Systems for           177.840
 Bulk Transfer of Chlorine..............................
 
      *                   *                   *                   *
                   *                   *                   *
------------------------------------------------------------------------

    4. In Sec. 171.7, in the table in paragraph (a)(3), the following 
changes would be made:
    a. Under ``Chlorine Institute, Inc.,'' for the entry ``Standard 
Chlorine Angle Valve Assembly,'' the wording ``104-6, December 1, 
1982'' would be revised to read ``104-8, July 1, 1993.''
    b. Under ``Chlorine Institute, Inc.,'' for the entry ``Excess Flow 
Valve with Removable Seat,'' the wording ``101-6, September 1, 1973'' 
would be revised to read ``101-7, July 1, 1993'' and, in column 2, the 
reference ``178.337-11'' would be revised to read ``178.337-8.''

[[Page 13872]]

    c. Under ``Chlorine Institute, Inc.,'' for the entry ``Excess Flow 
Valve with Removable Basket,'' the wording ``106-5, September 1, 1973'' 
would be revised to read ``106-6, July 1, 1993'' and, in column 2, the 
reference ``178.337-11'' would be revised to read ``178.337-8.''
    5. In Sec. 171.8, the following definition would be added in 
alphabetical order to read as follows:


Sec. 171.8  Definitions and abbreviations.

* * * * *
    Metered delivery service means a cargo tank unloading operation 
conducted at a metered flow rate of 378.5 liters (100 gallons) per 
minute or less through an attached delivery hose with a nominal inside 
diameter of 3.175 centimeters (1\1/4\ inches) or less.
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    6. The authority citation for part 173 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53.

    7. In Sec. 173.315, paragraphs (k) and (n) would be revised and 
paragraph (p) would be added to read as follows:


Sec. 173.315  Compressed gases in cargo tanks and portable tanks.

* * * * *
    (k) A nonspecification cargo tank meeting, and marked in 
conformance with, the edition of the ASME Code in effect when it was 
fabricated may be used for the transportation of liquefied petroleum 
gas provided it meets all of the following conditions:
    (1) It must have a minimum design pressure no lower than 250 psig.
    (2) It must have a capacity of 13,247.5 liters (3,500 water 
gallons) or less.
    (3) It must have been manufactured in conformance with the ASME 
Code prior to January 1, 1981, according to its ASME name plate and 
manufacturer's data report.
    (4) It must conform to applicable provisions of NFPA Pamphlet 58, 
except to the extent that provisions of Pamphlet 58 are inconsistent 
with requirements in parts 178 and 180 of this subchapter.
    (5) It must be inspected, tested, and equipped in accordance with 
subpart E of part 180 of this subchapter as specified for MC 331 cargo 
tanks.
    (6) Except as provided in this paragraph (k), it must be operated 
exclusively in intrastate commerce, including its operation by a motor 
carrier otherwise engaged in interstate commerce, in a state where its 
operation was permitted by law (not including the incorporation of this 
subchapter) prior to January 1, 1981. A cargo tank motor vehicle 
operating under authority of this section may cross state lines to 
travel to and from a qualified assembly, repair, maintenance, or 
requalification facility. The cargo tank need not be cleaned and 
purged, but it may not contain liquefied petroleum gas in excess of 
five percent of the water capacity of the cargo tank. If the vehicle 
engine is supplied fuel from the cargo tank, enough fuel in excess of 
five percent of the cargo tank's water capacity may be carried for the 
trip to or from the facility.
    (7) It must have been used to transport liquefied petroleum gas 
prior to January 1, 1981.
    (8) It must be operated in conformance with all other requirements 
of this subchapter.
* * * * *
    (n) Emergency discharge control for cargo tanks in liquefied 
compressed gas service--(1) Required emergency discharge control 
equipment. Each cargo tank in liquefied compressed gas service must 
have an emergency discharge control capability as specified in the 
following table:

----------------------------------------------------------------------------------------------------------------
                                                                                           Required emergency
        Sec.  173.315(n)(1)(*)                   Material            Delivery service       discharge control
                                                                                               capability
----------------------------------------------------------------------------------------------------------------
(i)...................................  Division 2.2 materials     All................  None.
                                         with no subsidiary
                                         hazard, excluding
                                         anhydrous ammonia.
(ii)..................................  Division 2.3 materials...  All................  Paragraph (n)(2) of this
                                                                                         section.
(iii).................................  Division 2.2 materials     Other than metered   Paragraph (n)(2) of this
                                         with a subsidiary          delivery service.    section.
                                         hazard, Division 2.1
                                         materials, and anhydrous
                                         ammonia.
(iv)..................................  Division 2.2 materials     Metered delivery     Paragraph (n)(3) of this
                                         with a subsidiary          service.             section.
                                         hazard, Division 2.1
                                         materials, and anhydrous
                                         ammonia in a cargo tank
                                         with a capacity of
                                         13,247.5 liters (3,500
                                         water gallons) or less.
(v) Division 2.2 materials with a       Metered delivery service.  Paragraph (n)(3) of
 subsidiary hazard, Division 2.1                                    this section, and,
 materials, and anhydrous ammonia in a                              for obstructed
 cargo tank with a capacity greater                                 view deliveries
 than 13,247.5 liters (3,500 water                                  where permitted by
 gallons).                                                          Sec.  177.840(p)
                                                                    of this
                                                                    subchapter,
                                                                    paragraphs (n)(3)
                                                                    or (n)(4) of this
                                                                    section..
----------------------------------------------------------------------------------------------------------------

    (2) Cargo tank motor vehicles in other than metered delivery 
service. A cargo tank motor vehicle in other than metered delivery 
service must have a means to automatically shut off the flow of product 
without the need for human intervention within 20 seconds of an 
unintentional release caused by a complete separation of a liquid 
delivery hose (passive shut-down capability).
    (i) Designed flow of product through a bypass in the valve is 
acceptable when authorized by this subchapter.
    (ii) The design for the means to automatically shut off product 
flow must be certified by a Design Certifying Engineer. The 
certification must consider any specifications of the original 
component manufacturer and must explain how the passive means to shut 
off the flow of product operates. It must also outline the parameters 
(e.g., temperature, pressure, types of product) within which the 
passive means to shut off the flow of product is designed to operate. 
All components of the discharge system that are integral to the design 
must be included in the certification. A copy of the design 
certification must be provided to the

[[Page 13873]]

owner of the cargo tank on which the equipment will be installed.
    (iii) Installation must be performed under the supervision of a 
Registered Inspector unless the equipment is installed and removed as 
part of regular operation (e.g., a hose). The Registered Inspector must 
certify that the equipment is installed and tested, if possible without 
destruction of the equipment, in accordance with the Design Certifying 
Engineer's certification. The Registered Inspector must provide the 
certification to the owner of the cargo tank motor vehicle.
    (3) Cargo tanks in metered delivery service. When required by the 
table in paragraph (n)(1) of this section, a cargo tank motor vehicle 
must have an off-truck remote means to close the internal self-closing 
stop valve and shut off all motive and auxiliary power equipment upon 
activation by a qualified person attending the unloading of the cargo 
tank motor vehicle (off-truck remote shut-off). It must function 
reliably at a distance of 45.72 meters (150 feet). The off-truck remote 
shut-off activation device must not be capable of reopening the 
internal self-closing stop valve after emergency activation.
    (i) The emergency discharge control equipment must be installed 
under the supervision of a Registered Inspector. Each wireless 
transmitter/receiver must be tested to demonstrate that it will close 
the internal self-closing stop valve and shut off all motive and 
auxiliary power equipment at a distance of 91.44 meters (300 feet) 
under optimum conditions. Emergency discharge control equipment that 
does not employ a wireless transmitter/receiver must be tested to 
demonstrate its functioning at the maximum length of the delivery hose.
    (ii) The Registered Inspector must certify that the remote control 
equipment is installed in accordance with the original component 
manufacturer's specifications and is tested in accordance with 
paragraph (n)(3)(i) of this section. The Registered Inspector must 
provide the owner of the cargo tank with this certification.
    (4) Query systems. When a transmitter/receiver system is used to 
satisfy the requirements of paragraph (n)(1)(v) of this section, it 
must close the internal self-closing stop valve and shut off all motive 
and auxiliary power equipment unless the qualified person attending the 
unloading operation prevents it from doing so at least once every five 
minutes. Testing and certification must be as specified in paragraph 
(n)(3) of this section.
    (5) Compliance dates. (i) Each specification MC 331 cargo tank 
motor vehicle with a certificate of construction issued two or more 
years after [the effective date of the final rule] must have an 
appropriate emergency discharge control capability as specified in this 
paragraph (n).
    (ii) No MC 330, MC 331, or nonspecification cargo tank motor 
vehicle authorized under paragraph (k) of this section may be operated 
unless it has an appropriate emergency discharge control capability as 
specified in this paragraph (n) no later than the date of its first 
scheduled pressure retest required after [two years after the effective 
date of the final rule]. No MC 330, MC 331 or nonspecification cargo 
tank motor vehicle authorized under paragraph (k) of this section may 
be operated after [seven years after the effective date of the final 
rule] unless it has been equipped with emergency discharge control 
equipment as specified in this paragraph (n).
    (iii) No MC 330, MC 331, or nonspecification cargo tank motor 
vehicle authorized under paragraph (k) of this section, with a capacity 
over 13,247.5 liters (3,500 gallons) used in metered delivery service 
may be operated unless it has an appropriate emergency discharge 
control capability as specified in this paragraph (n) no later than 
[four years after the effective date of the final rule].
* * * * *
    (p) Fusible elements. Each MC 330, MC 331, or nonspecification 
cargo tank authorized under paragraph (k) of this section must have a 
thermal means of closure for each internal self-closing stop valve as 
specified in Sec. 178.337-8(a)(4) of this subchapter.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

    8. The authority citation for part 177 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    9. In Sec. 177.834, paragraph (i)(5) would be removed and paragraph 
(i)(3) would be revised to read as follows:


Sec. 177.834  General requirements.

* * * * *
    (i) Attendance requirements. * * *
    (3) Except for unloading operations subject to Secs. 177.840(p) or 
(q), a qualified person ``attends'' the loading or unloading of a cargo 
tank if, throughout the process, he is alert and is within 7.62 meters 
(25 feet) of the cargo tank. The qualified person attending the 
unloading of a cargo tank must have an unobstructed view of the cargo 
tank and delivery hose to the maximum extent practicable during the 
unloading operation.
* * * * *
    10. In Sec. 177.840, paragraphs (l) through (u) would be added to 
read as follows:


Sec. 177.840  Class 2 (gases) materials.

* * * * *
    (l) Operating procedure. Six months after effective date of final 
rule, each operator of a cargo tank motor vehicle transporting a 
liquefied compressed gas must carry on or within the cargo tank motor 
vehicle written emergency discharge control procedures for all delivery 
operations. The procedures must describe the cargo tank motor vehicle's 
emergency discharge control features and, for a passive shut-down 
capability, the parameters within which they are designed to function. 
The procedures must describe the process to be followed if using a 
facility-provided hose for unloading when the cargo tank motor vehicle 
has a specially equipped delivery hose assembly to meet the 
requirements of Sec. 173.315(n)(2) of this subchapter.
    (m) Cargo tank safety check. Before unloading from a cargo tank 
motor vehicle containing a liquefied compressed gas, the qualified 
person performing the function must check those components of the 
discharge system, including delivery hose assemblies and piping, that 
are readily observed during the normal course of unloading to assure 
that they are of sound quality, without obvious defects detectable 
through visual observation and audio awareness, and that connections 
are secure. This check must be made after the pressure in the discharge 
system has reached at least equilibrium with the pressure in the cargo 
tank. Operators need not use instruments or take extraordinary actions 
to check components not readily visible. No operator may unload 
liquefied compressed gases from a cargo tank motor vehicle with a 
delivery hose assembly found to have any condition identified in 
Sec. 180.416 (g)(1) of this subchapter or with piping systems found to 
have any condition identified in Sec. 180.416 (g)(2) of this 
subchapter.
    (n) Emergency shut down. If there is an unintentional release of 
product to the environment during unloading of a liquefied compressed 
gas, the qualified person unloading the cargo tank motor vehicle must 
promptly shut the internal self-closing stop valve or other primary 
means of closure and shut down all motive and auxiliary power 
equipment.
    (o) Daily test of off-truck remote shut-off activation device. For 
a cargo tank motor vehicle equipped with an off-

[[Page 13874]]

truck remote means to close the internal self-closing stop valve and 
shut off all motive and auxiliary power equipment, an operator must 
successfully test the activation device within 18 hours prior to the 
first delivery of each day. For a wireless transmitter/receiver, the 
person conducting the test must be at least 45.72 meters (150 feet) 
from the cargo tank and may have the cargo tank in his line of sight.
    (p) Unloading procedures for liquefied petroleum gas and anhydrous 
ammonia in metered delivery service. An operator must use the following 
procedures for unloading liquefied petroleum gas or anhydrous ammonia 
from a cargo tank motor vehicle in metered delivery service:
    (1) For a cargo tank with a capacity of 13,247.5 liters (3,500 
water gallons) or less, excluding delivery hose and piping, the 
qualified person attending the unloading operation must remain within 
45.72 meters (150 feet) of the cargo tank and 7.62 meters (25 feet) of 
the delivery hose and must observe both the cargo tank and the 
receiving container at least once every five minutes when the internal 
self-closing stop valve is open during unloading operations that take 
more than five minutes to complete.
    (2) For a cargo tank with a capacity greater than 13,247.5 liters 
(3,500 water gallons), excluding delivery hose and piping, the 
qualified person attending the unloading operation must remain within 
45.72 meters (150 feet) of the cargo tank and 7.62 meters (25 feet) of 
the delivery hose when the internal self-closing stop valve is open.
    (i) Except as provided in paragraph (p)(2)(ii) of this section, the 
qualified person attending the unloading operation must have an 
unobstructed view of the cargo tank and delivery hose to the maximum 
extent practicable, except during short periods when it is necessary to 
activate controls or monitor the receiving container.
    (ii) For deliveries where the qualified person attending the 
unloading operation cannot maintain an unobstructed view of the cargo 
tank, when the internal self-closing stop valve is open, the qualified 
person must observe both the cargo tank and the receiving container at 
least once every five minutes during unloading operations that take 
more than five minutes to complete. In addition, by the compliance 
dates specified in Secs. 173.315(n)(5) and 180.405(m)(3) of this 
subchapter, the cargo tank motor vehicle must have an emergency 
discharge control capability that meets the requirements of 
Sec. 173.315(n)(2) or Sec. 173.315(n)(4) of this subchapter.
    (q) Unloading procedures for liquefied petroleum gas and anhydrous 
ammonia in other than metered delivery service. An operator must use 
the following procedures for unloading liquefied petroleum gas or 
anhydrous ammonia from a cargo tank motor vehicle in other than metered 
delivery service:
    (1) The qualified person attending the unloading operation must 
remain within 7.62 meters (25 feet) of the cargo tank when the internal 
self-closing stop valve is open.
    (2) The qualified person attending the unloading operation must 
have an unobstructed view of the cargo tank and delivery hose to the 
maximum extent practicable, except during short periods when it is 
necessary to activate controls or monitor the receiving container.
    (r) Unloading using facility-provided hoses. A cargo tank motor 
vehicle equipped with a specially designed delivery hose assembly to 
meet the requirements of Sec. 173.315(n)(2) of this subchapter may be 
unloaded using a delivery hose assembly provided by the receiving 
facility under the following conditions:
    (1) The qualified person monitoring unloading must visually examine 
the facility hose assembly for obvious defects prior to its use in the 
unloading operation.
    (2) The qualified person monitoring unloading must remain within 
arm's reach of the mechanical means of closure for the internal self-
closing stop valve when the internal self-closing stop valve is open 
except for short periods when it is necessary to activate controls or 
monitor the receiving container.
    (s) Off-truck remote shut-off activation device. For a cargo tank 
motor vehicle with an off-truck remote control shut-off capability as 
required by Secs. 173.315(n)(3) or (n)(4) of this subchapter, the 
qualified person attending the unloading operation must be in 
possession of the activation device at all times during the unloading 
process. This requirement does not apply if the activation device is 
part of a system that will shut off the unloading operation without 
human intervention in the event of a leak or separation in the hose.
    (t) Unloading without appropriate emergency discharge control 
equipment. Until a cargo tank is equipped with emergency discharge 
control equipment in conformance with Secs. 173.315(n)(2) and 
180.405(m)(1) of this subchapter, the qualified person attending the 
unloading operation must remain within arm's reach of a means to close 
the internal self-closing stop valve except during short periods when 
the qualified person must activate controls or monitor the receiving 
container.
    (u) Unloading of chlorine cargo tanks. Unloading of chlorine from a 
cargo tank must be performed in compliance with Section 3 of Pamphlet 
57, Emergency Shut-off Systems for Bulk Transfer of Chlorine, of the 
Chlorine Institute.

PART 178--SPECIFICATIONS FOR PACKAGINGS

    11. The authority citation for part 178 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    12. In Sec. 178.337-1, new paragraph (g) would be added to read as 
follows:


Sec. 178.337-1  General requirements.

* * * * *
    (g) Definitions. The following definitions apply to Secs. 178.337-1 
through 178.337-18:
    Emergency discharge control means the ability to stop a cargo tank 
unloading operation in the event of an unintentional release. Emergency 
discharge control can utilize passive or off-truck remote means to stop 
the unloading operation. A passive means of emergency discharge control 
automatically shuts off the flow of product without the need for human 
intervention within 20 seconds of an unintentional release caused by a 
complete separation of the liquid delivery hose. An off-truck remote 
means of emergency discharge control permits a qualified person 
attending the unloading operation to close the cargo tank's internal 
self-closing stop valve and shut off all motive and auxiliary power 
equipment at a distance from the cargo tank motor vehicle.
    Excess flow valve, integral excess flow valve, or excess flow 
feature means a component that will close automatically if the flow 
rate of a gas or liquid through the component reaches or exceeds the 
rated flow of gas or liquid specified by the original valve 
manufacturer when piping mounted directly on the valve is sheared off 
before the first valve, pump, or fitting downstream from the valve.
    Internal self-closing stop valve means the primary shut off valve 
installed at a product discharge outlet of a cargo tank.
    Primary discharge control system means a primary shut-off installed 
at a product discharge outlet of a cargo tank consisting of an internal 
self-closing stop valve that may include an integral excess flow valve 
or an excess flow feature, together with linkages that must be 
installed between the valve and remote actuator to provide manual and 
thermal on-truck remote means of closure.

[[Page 13875]]

    13. Section 178.337-8 would be revised to read as follows:


Sec. 178.337-8  Openings, inlets, and outlets.

    (a) Outlets generally. (1) An opening must be provided on each 
cargo tank used for the transportation of liquefied materials to permit 
complete drainage.
    (2) Except for gauging devices, thermometer wells, pressure relief 
valves, manhole openings, product inlet openings, and product discharge 
openings, each opening in a cargo tank must be closed with a plug, cap, 
or bolted flange.
    (3) Each product inlet opening, including vapor return lines, must 
be fitted with a back flow check valve located inside the cargo tank or 
inside a welded nozzle that is an integral part of the cargo tank. The 
valve seat must be located inside the cargo tank or within 2.54 
centimeters (one inch) of the external face of the welded flange. 
Damage to parts exterior to the cargo tank or mating flange must not 
prevent effective seating of the valve. All parts of a valve inside a 
cargo tank or welded flange must be made of material that will not 
corrode or deteriorate in the presence of the lading.
    (4) Except as provided in paragraphs (a)(5), (b), and (c) of this 
section, each liquid or vapor discharge outlet must be fitted with a 
primary discharge control system as defined in Sec. 178.337-1(g). 
Thermal remote operators must activate at a temperature of 121.11 deg.C 
(250  deg.F) or less. Linkages between closures and remote operators 
must be corrosion resistant and effective in all types of environmental 
conditions incident to discharging of product.
    (i) On a cargo tank over 13,247.5 liters (3,500 gallons) water 
capacity, thermal and mechanical means of remote closure must be 
installed at the ends of the cargo tank in at least two diagonally 
opposite locations. If the loading/unloading connection at the cargo 
tank is not in the general vicinity of one of the two locations 
specified above, additional means of thermal remote closure must be 
installed so that heat from a fire in the loading/unloading connection 
area or the discharge pump will activate the primary discharge control 
system. The loading/unloading connection area is where hoses or hose 
reels are connected to the permanent metal piping.
    (ii) On a cargo tank of 13,247.5 liters (3,500 gallons) water 
capacity or less, a thermal means of remote closure must be installed 
at or near the internal self-closing stop valve. A mechanical means of 
remote closure must be installed on the end of the cargo tank furthest 
away from the loading/unloading connection area. The loading/unloading 
connection area is where hoses or hose reels are connected to the 
permanent metal piping. Linkages between closures and remote operators 
must be corrosion resistant and effective in all types of environmental 
conditions incident to discharge of product.
    (iii) All parts of a valve inside a cargo tank or within a welded 
flange must be made of material that will not corrode or deteriorate in 
the presence of the lading.
    (iv) An excess flow valve, integral excess flow valve, or excess 
flow feature must close if the flow reaches the rated flow of a gas or 
liquid specified by the original valve manufacturer when piping mounted 
directly on the valve is sheared off before the first valve, pump, or 
fitting downstream from the excess flow valve, integral excess flow 
valve, or excess flow feature.
    (v) An integral excess flow valve or the excess flow feature of an 
internal self-closing stop valve may be designed with a bypass, not to 
exceed 0.1016 centimeters (0.040 inch) diameter opening, to allow 
equalization of pressure.
    (vi) The internal self-closing stop valve must be designed so that 
the self-stored energy source and the valve seat are located inside the 
cargo tank or within 2.54 centimeters (one inch) of the external face 
of the welded flange. Damage to parts exterior to the cargo tank or 
mating flange must not prevent effective seating of the valve.
    (5) A primary discharge control system is not required on the 
following:
    (i) A vapor or liquid discharge opening of less than 1\1/4\ NPT 
equipped with an excess flow valve together with a manually operated 
external stop valve in place of an internal self-closing stop valve.
    (ii) An engine fuel line on a truck-mounted cargo tank of not more 
than \3/4\ NPT equipped with a valve having an integral excess flow 
valve or feature.
    (iii) A cargo tank motor vehicle certified before January 1, 1995, 
unless intended for use to transport a flammable liquid, flammable gas, 
hydrogen chloride, refrigerated liquid, or anhydrous ammonia.
    (6) In addition to the internal self-closing stop valve, each 
filling and discharge line must be fitted with a stop valve located in 
the line between the internal self-closing stop valve and the hose 
connection. A single, so-called ``stop-check'' or excess flow valve may 
not be used to satisfy this requirement.
    (7) An excess flow valve may be designed with a bypass, not to 
exceed a 0.1016 centimeter (0.040 inch) diameter opening, to allow 
equalization of pressure.
    (b) Discharge outlets on chlorine tanks. Discharge outlets on cargo 
tanks used to transport chlorine must meet the requirements of 
Sec. 178.337-1(c)(2) and must be fitted with an internal excess flow 
valve. In addition to the internal excess flow valve, discharge outlets 
must be equipped with an external stop valve (angle valve). Excess flow 
valves must conform to the standards of The Chlorine Institute, Inc., 
as follows:
    (1) A valve conforming to Drawing 101-7, dated July 1993, must be 
installed under each liquid angle valve.
    (2) A valve conforming to Drawing 106-6, dated July 1993, must be 
installed under each gas angle valve.
    (c) Discharge outlets on carbon dioxide, refrigerated liquid, cargo 
tanks. A discharge outlet on a cargo tank used to transport carbon 
dioxide, refrigerated liquid is not required to be fitted with an 
internal self-closing stop valve.
    14. In Sec. 178.337-9, paragraph (b)(6) would be revised, paragraph 
(b)(7) would be redesignated as paragraph (b)(8) and revised, a new 
paragraph (b)(7) would be added, and paragraph (c) would be revised to 
read as follows:


Sec. 178.337-9  Pressure relief devices, piping, valves, hoses, and 
fittings.

* * * * *
    (b) Piping, valves, hose, and fittings. * * *
    (6) Cargo tank manufacturers and fabricators must demonstrate that 
all piping, valves, and fittings on a cargo tank are free from leaks. 
To meet this requirement, the piping, valves, and fittings must be 
tested after installation at not less than 80 percent of the design 
pressure marked on the cargo tank.
    (7) A hose assembler must:
    (i) Permanently mark each hose assembly with a unique 
identification number.
    (ii) Demonstrate that each hose assembly is free from leaks by 
performing the tests and inspections in Sec. 180.416(f) of this 
subchapter.
    (iii) Mark each hose assembly with the month and year of its 
original pressure test.
    (8) Chlorine cargo tanks. Angle valves on cargo tanks intended for 
chlorine service must conform to Drawing 104-8, dated July 1993, in the 
standards of The Chlorine Institute. Before installation, each angle 
valve must be tested for leakage at not less than 225 psig using dry 
air or inert gas.
    (c) Marking inlets and outlets. Except for safety relief valves, 
all cargo tank inlets and outlets must be marked ``liquid'' to 
designate that it communicates with liquid when the

[[Page 13876]]

cargo tank is filled to the maximum permitted filling density, or 
``vapor'' or ``spray-fill'' to indicate a filling line that 
communicates with vapor when the cargo tank is filled to the maximum 
permitted filling density.
* * * * *
    15. Section 178.337-11 would be revised to read as follows:


Sec. 178.337-11  Emergency discharge control.

    (a) Emergency discharge control equipment. Emergency discharge 
control equipment must be installed in a liquid discharge line as 
specified by product and service in Sec. 173.315(n) of this subchapter. 
The performance and certification requirements for emergency discharge 
control equipment are specified in Sec. 173.315(n) of this subchapter 
and are not a part of the cargo tank motor vehicle certification made 
under this specification.
    (b) Engine fuel lines. On a truck-mounted cargo tank, emergency 
discharge control equipment is not required on an engine fuel line of 
not more than 3/4 NPT equipped with a valve having an integral excess 
flow valve or feature.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

    16. The authority citation for part 180 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.

    17. In Sec. 180.403, the introductory text for the definition 
``Modification'' would be revised, and definitions for ``Delivery hose 
assembly'' and ``Piping system'' would be added in alphabetical order 
to read as follows:


Sec. 180.403  Definitions.

* * * * *
    Delivery hose assembly means a liquid delivery hose and its 
attached couplings.
* * * * *
    Modification means any change to the original design and 
construction of a cargo tank or a cargo tank motor vehicle that affects 
its structural integrity or lading retention capability including 
changes to equipment certified as part of an emergency discharge 
control system required by Sec. 173.315(n)(2) of this subchapter. Any 
modification that involves welding on the cargo tank wall must also 
meet all requirements for ``Repair'' as defined in this section. 
Excluded from this category are the following:
* * * * *
    Piping system means any component of a cargo tank delivery system, 
other than a delivery hose assembly, that contains product during 
loading or unloading.
* * * * *
    18. In Sec. 180.405, paragraphs (m) and (n) would be added to read 
as follows:


Sec. 180.405  Qualification of cargo tanks.

* * * * *
    (m) Specification MC 330, MC 331 cargo tank motor vehicles, and 
nonspecification cargo tank motor vehicles conforming to 
Sec. 173.315(k) of this subchapter, intended for use in the 
transportation of liquefied compressed gases.
    (1) No later than the date of its first scheduled pressure test 
after [two years after the effective date of the final rule], each 
specification MC 330 and MC 331 cargo tank motor vehicle, and each 
nonspecification cargo tank motor vehicle conforming to Sec. 173.315(k) 
of this subchapter, marked and certified before [two years after the 
effective date of the final rule], that is used to transport a Division 
2.1 material, a Division 2.2 material with a subsidiary hazard, a 
Division 2.3 material, or anhydrous ammonia must have an emergency 
discharge control capability as specified in Sec. 173.315(n) of this 
subchapter. Each passive shut-off system installed prior to [two years 
after the effective date of the final rule] must be certified by a 
Design Certifying Engineer that it meets the requirements of 
Sec. 173.315(n)(2) of this subchapter.
    (2) The requirement in paragraph (m)(1) of this section does not 
apply to a cargo tank equal to or less than 13,247.5 liters (3,500 
gallons) water capacity transporting a Division 2.1 material, a 
Division 2.2 material with a subsidiary hazard, or anhydrous ammonia in 
metered delivery service equipped with an off-truck remote shut-off 
device that was installed prior to [one year after the effective date 
of the final rule]. The device must be capable of stopping the transfer 
of lading by operation of a transmitter carried by a qualified person 
attending unloading of the cargo tank. The device is subject to the 
requirement in Sec. 177.840(o) of this subchapter for a daily test at 
45.72 meters (150 feet).
    (3) Each specification MC 330 and MC 331 cargo tank of greater than 
13,247.5 liters (3,500 gallons) water capacity transporting a Division 
2.1 material, a Division 2.2 material with a subsidiary hazard, or 
anhydrous ammonia in metered delivery service, marked and certified 
before [the effective date of final rule], must have an emergency 
discharge control capability as specified in Secs. 173.315(n) and 
177.840 of this subchapter no later than the date of its first 
scheduled pressure test after [two years after the effective date of 
the final rule or four years after the effective date of the final 
rule], whichever is earlier.
    (n) Thermal activation. No later than the date of its first 
scheduled leakage test after [the effective date of final rule], each 
specification MC 330 or MC 331 cargo tank motor vehicle and each 
nonspecification cargo tank motor vehicle conforming to Sec. 173.315(k) 
of this subchapter, marked and certified before [the effective date of 
final rule], that is used to transport a liquefied compressed gas, 
other than carbon dioxide and chlorine, that has a water capacity of 
13,247.5 liters (3,500 gallons) or less must be equipped with a means 
of thermal activation for the internal self-closing stop valve as 
specified in Sec. 178.337-8(a)(4) of this subchapter.
    19. In Sec. 180.407, paragraph (h)(1)(iii) would be added, existing 
paragraphs (h)(4) through (h)(8) would be redesignated as paragraphs 
(h)(5) through (h)(9), respectively, and a new paragraph (h)(4) would 
be added to read as follows:


Sec. 180.407  Requirements for test and inspection of specification 
cargo tanks.

* * * * *
    (h) Leakage test. (1) * * *
    (iii) An operator of a specification MC 330 or MC 331 cargo tank, 
and a nonspecification cargo tank authorized under Sec. 173.315(k) of 
this subchapter, equipped with a meter may check leak tightness of the 
internal self-closing stop valve by conducting a meter creep test. (See 
Appendix B to this part.)
* * * * *
    (4) Registered Inspectors of specification MC 330 and MC 331 cargo 
tanks, and nonspecification cargo tanks authorized under 
Sec. 173.315(k) of this subchapter must visually inspect the delivery 
hose assembly and piping system while the assembly is under leakage 
test pressure utilizing the rejection criteria listed in 
Sec. 180.416(g). Delivery hose assemblies not permanently attached to 
the cargo tank motor vehicle may be inspected separately from the cargo 
tank motor vehicle. In addition to a written record of the inspection 
prepared in accordance with Sec. 180.417(b), the Registered Inspector 
conducting the hose test must note the hose identification number, the 
date of the original hose assembly test, and the condition of the hose 
assembly and piping system tested.
* * * * *

[[Page 13877]]

    20. Section 180.416 would be added to read as follows:


Sec. 180.416  Discharge system inspection and maintenance program for 
cargo tanks transporting liquefied compressed gases.

    (a) Applicability. This section is applicable to an operator using 
specification MC 330, MC 331, and nonspecification cargo tanks 
authorized under Sec. 173.315(k) of this subchapter for transportation 
of liquefied compressed gases other than carbon dioxide. Paragraphs 
(b), (c), (d)(1), (d)(5), (e), (f), and (g)(1) of this section, 
applicable to delivery hoses, apply only to hoses installed or carried 
on the cargo tank.
    (b) Hose identification. [One year after the effective date of the 
final rule], the operator must assure that each delivery hose assembly 
is permanently marked with a unique identification number and maximum 
working pressure.
    (c) Post-delivery hose check. After each unloading, the operator 
must visually check that portion of the delivery hose assembly deployed 
during the unloading.
    (d) Monthly inspections and tests. (1) The operator must visually 
inspect each delivery hose assembly at least once each month the 
delivery hose assembly is in service.
    (2) The operator must visually inspect the piping system at least 
once each month the cargo tank is in service. The inspection must 
include fusible elements and all components of the piping system, 
including bolts, connections, and seals.
    (3) At least once each month a cargo tank is in service, the 
operator must actuate all emergency discharge control devices designed 
to close the internal self-closing stop valve to assure that all 
linkages operate as designed. Appendix A to this part outlines 
acceptable procedures that may be used for this test.
    (4) The operator of a cargo tank must check the internal self-
closing stop valve in the liquid discharge opening for leakage through 
the valve at least once each month the cargo tank is in service. On 
cargo tanks equipped with a meter, the meter creep test as outlined in 
Appendix B to this part or a test providing equivalent accuracy is 
acceptable. For cargo tanks that are not equipped with a meter, 
Appendix B to this part outlines one acceptable method that may be used 
to check internal self-closing stop valves for closure.
    (5) The operator must note each inspection in a record. That record 
must include the inspection date, the name of the person performing the 
inspection, the hose assembly identification number, the company name, 
the date the hose was assembled and tested, and an indication that the 
delivery hose and piping system passed or failed the tests and 
inspections.
    (e) Annual hose leakage test. The owner of a hose assembly that is 
not permanently attached to a cargo tank motor vehicle must ensure that 
the hose is annually tested in accordance with Sec. 180.407(h)(4).
    (f) New or repaired delivery hose assemblies. Each operator of a 
cargo tank must ensure each new and repaired hose assembly is tested at 
a minimum of 120 percent of the hose maximum working pressure.
    (1) The operator must visually examine the delivery hose assembly 
while it is under pressure.
    (2) Upon successful completion of the pressure test and inspection, 
the operator must assure that the delivery hose assembly is permanently 
marked with the month and year of the test.
    (3) The operator must complete a record documenting the test and 
inspection, including the date, the signature of the inspector, the 
hose owner, the hose identification number, the date of original hose 
assembly and test, notes of any defects observed and repairs made, and 
an indication that the delivery hose passed or failed the tests and 
inspections.
    (g) Rejection criteria. (1) No operator may use a delivery hose 
assembly determined to have any condition identified below for 
unloading liquefied compressed gases. An operator may remove and 
replace damaged sections or correct defects discovered. Repaired hoses 
may be placed back in service if retested successfully in accordance 
with paragraph (f) of this section.
    (i) Damage to the hose cover that exposes the reinforcement.
    (ii) Wire braid reinforcement that has been kinked or flattened so 
as to permanently deform the wire braid.
    (iii) Soft spots when not under pressure, bulging under pressure, 
or loose outer covering.
    (iv) Damaged, slipping, or excessively worn hose couplings.
    (v) Loose or missing bolts or fastenings on bolted hose coupling 
assemblies.
    (2) No operator may use a cargo tank with a piping system found to 
have any condition identified below for unloading liquefied compressed 
gases.
    (i) Any external leak identifiable without the use of instruments.
    (ii) Bolts that are loose, missing, or severely corroded.
    (iii) Manual stop valves that will not actuate.
    (iv) Rubber hose flexible connectors with any condition outlined in 
paragraph (g)(1) of this section.
    (v) Stainless steel flexible connectors with damaged reinforcement 
braid.
    (vi) Internal self-closing stop valves that fail to close or that 
permit leakage through the valve detectable without the use of 
instruments.
    (vii) Pipes or joints that are severely corroded.
    21. In Sec. 180.417, paragraph (a)(1) would be revised to read as 
follows:


Sec. 180.417  Reporting and record retention requirements.

    (a) Vehicle certification. (1) Each owner of a specification cargo 
tank must retain the manufacturer's certificate, the manufacturer's 
ASME U1A data report, where applicable, and related papers certifying 
that the specification cargo tank identified in the documents was 
manufactured and tested in accordance with the applicable 
specification. This would include any certification of emergency 
discharge control systems required by Sec. 173.315(n) of this 
subchapter or Sec. 180.405(m). The owner must retain the documents 
throughout his ownership of the specification cargo tank and for one 
year thereafter. In the event of a change in ownership, the prior owner 
must retain non-fading photo copies of these documents for one year.
* * * * *
    22. Appendices A and B would be added to Part 180 to read as 
follows:

Appendix A to Part 180--Internal Self-closing Stop Valve Emergency 
Closure Test for Liquefied Compressed Gases

    1. In performing this test, all internal self-closing stop 
valves must be opened. Each emergency discharge control remote 
actuator (on-truck and off-truck) must be operated to ensure that 
each internal self-closing stop valve's lever, piston, or other 
valve indicator has moved to the closed position.
    2. On pump-actuated pressure differential internal valves, the 
three-way toggle valve handle or its cable attachment must be 
activated to verify that the toggle handle moves to the horizontal 
position.

Appendix B to Part 180-- Acceptable Internal Self-closing Stop 
Valve Leakage Tests for Cargo Tanks Transporting Liquefied 
Compressed Gases

    For internal self-closing stop valve leakage testing, leakage is 
defined as any leakage through the internal self-closing valve or to 
the atmosphere that is detectable when the valve is in the closed 
position. On some valves this will require the closure of the 
pressure by-pass port.
    (a) Meter Creep Test.
    1. An operator of a cargo tank equipped with a certified meter 
may check the internal self-closing stop valve for leakage through 
the valve seat using the meter as a flow measurement indicator. The 
test is initiated

[[Page 13878]]

by starting the delivery process or returning product to the cargo 
tank through the delivery system at normal pump operating 
conditions. This may be performed at an idle. After the flow is 
established, the operator closes the internal self-closing stop 
valve and monitors the meter flow. The meter flow must stop within 
30 seconds with no meter creep within 5 seconds after the meter 
stops.
    2. On pump-actuated pressure differential internal self-closing 
stop valves, the valve must be closed with the remote actuator to 
assure that it is functioning. On other types of internal self-
closing stop valves, the valve(s) may be closed using either the 
normal valve control or the discharge control system (e.g., remote).
    3. For the purposes of this section, a ``certified meter'' is 
any meter that has undergone an annual certification by a local or 
state approved certification process for the material(s) being 
metered. The certification must be within the previous 12-month 
period to meet the monthly test criteria, or within the past 60 days 
for the annual leakage test prescribed in Sec. 180.407(h).
    4. Rejection criteria: Any detectable meter creep within the 
first five seconds after initial meter stoppage.
    (b) Internal Self-Closing Stop Valve Test.
    An operator of a cargo tank that is not equipped with a 
certified meter may check the internal self-closing stop valve(s) 
for leakage as follows:
    1. The internal self-closing stop valve must be in the closed 
position.
    2. All of the material in the downstream piping must be 
evacuated, and the piping must be returned to atmospheric 
temperature and pressure.
    3. The outlet must be monitored for 30 seconds for detectable 
leakage.
    4. Rejection criteria. Any detectable leakage is considered 
unacceptable.

    Issued in Washington, DC on March 17, 1999, under authority 
delegated in 49 CFR Part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety, Research and 
Special Programs Administration.
[FR Doc. 99-6885 Filed 3-17-99; 2:03 pm]
BILLING CODE 4910-60-P