[Federal Register Volume 64, Number 99 (Monday, May 24, 1999)]
[Rules and Regulations]
[Pages 28030-28052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12860]



[[Page 28029]]

_______________________________________________________________________

Part II





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



_______________________________________________________________________



49 CFR Part 171 et al.



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

  Federal Register / Vol. 64, No. 99 / Monday, May 24, 1999 / Rules and 
Regulations  

[[Page 28030]]



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: Final rule.

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

SUMMARY: RSPA is revising 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 revised 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 revising 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 
allowing a two-year period for development and testing of emergency 
discharge control technology. After two years, newly manufactured MC 
331 cargo tank motor vehicles must be equipped with emergency discharge 
control equipment that complies with the performance standards; MC 330, 
MC 331 and certain nonspecification cargo tank motor vehicles already 
in service must be retrofitted at their first scheduled pressure test 
after the two-year period. These revisions 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: Effective Date: July 1, 1999.
    Voluntary Compliance Date: RSPA is authorizing immediate voluntary 
compliance.
    Incorporation by Reference Date: The incorporation by reference of 
the publications listed in these amendments has been approved by the 
Director of the Federal Register effective July 1, 1999.

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. Statement of the Issues
III. Comments on the NPRM
IV. Revisions to the Regulations
    A. Prevention
    B. Identification
    C. Mitigation
    D. Implementation Schedule
    E. Miscellaneous
    F. Section-by-Section Review
V. Regulatory Analyses and Notices

I. Background

    The goal of this rulemaking is to enhance transportation safety by 
improving the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-
180) as they relate to 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, the Research and 
Special Programs Administration (RSPA, ``we'') adopted a final rule 
under Docket Number RSPA-97-2133 (HM-225; 62 FR 7638, 62 FR 44038, 62 
FR 65187) establishing certain temporary alternative regulations in 
Sec. 171.5 of the HMR under which cargo tanks could remain in service 
while we evaluated this incident and other situations in which 
liquefied compressed gases were released unintentionally from cargo 
tanks during unloading operations. The temporary regulations expire 
July 1, 1999.
    On August 18, 1997, we published an advance notice of proposed 
rulemaking under Docket Number RSPA-97-2718 (HM-225A; 62 FR 44059) 
soliciting public comment on a number of specific topics related to 
cargo tank unloading operations of liquefied compressed gases. We 
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 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 consisted 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 Committee met in plenary and working sessions on seven 
occasions and developed a number of recommendations for enhancing the 
safety of cargo tank unloading operations. Among the materials 
considered by the Committee in developing its recommendations were 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. We issued a notice of 
proposed rulemaking based on the Committee's recommendations on March 
22, 1999 (64 FR 13856).
    The requirements in this final rule replace the provisions of the 
temporary regulation in Sec. 171.5 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

[[Page 28031]]

regulatory requirements easier to understand and comply with. The 
Committee agrees that the costs imposed by this final rule will be off-
set by the benefits. The Committee had no role in preparing DOT's 
``Final Regulatory Evaluation'' or ``Environmental Assessment'' and did 
not consider them in its deliberations.

II. 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, in this final rule, the Department 
is addressing safety issues related to unloading of 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 these revisions 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 69 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 
revising the HMR 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.

III. Comments on the NPRM

    Seven organizations submitted comments on the NPRM. Commenters were 
generally supportive of the proposals in the NPRM and urged their 
prompt adoption. Four commenters raised concerns with certain aspects 
of the NPRM: (1) the Michigan State Police Motor Carrier Division 
Hazardous Materials Unit; (2) Rutherford Equipment; (3) The Chlorine 
Institute; and (4) the Sulfur Dioxide Mutual Assistance Response Team. 
In addition, two organizations that are members of the Committee--the 
National Propane Gas Association and The Fertilizer Institute--
submitted comments on the Environmental Assessment and Preliminary 
Regulatory Evaluation, which were developed by RSPA to support the 
NPRM. Also, five individual members of the Committee submitted joint 
comments on the Environmental Assessment and the Preliminary Regulatory 
Evaluation. The comments are discussed in detail below.

Michigan State Police

    The Michigan State Police Motor Carrier Division Hazardous 
Materials Unit (the Unit) endorses the proposals in the NPRM, but notes 
a potential enforcement problem involving recordkeeping associated with 
the proposed discharge system inspection and maintenance program in 
Sec. 180.416. In addition, the Unit opposes the proposal to permit use 
of the term ``spray-fill'' in place of ``vapor'' for marking cargo tank 
product inlet lines.
    Concerning recordkeeping, the Unit states that proposed 
Secs. 180.416(b)(5) and 180.416(f)(3) do not address where the 
inspection records are to be kept and for how long. The Unit recommends 
that the final rule specify that the records are to be maintained at a 
carrier's place of business for six months (as is required for driver 
logbooks) or one year (as is required for shipping papers).
    While the NPRM is not specific on this point, the Committee had 
intended that the records required by Secs. 180.416(d)(5) and 
180.416(f)(3) would be maintained in the same

[[Page 28032]]

manner as currently required for cargo tank test records in 
Sec. 180.417. Section 180.417(b)(2) requires the owner of a cargo tank 
to retain a copy of test and inspection reports until the next test or 
inspection of the same type is successfully completed. We agree that 
this requirement is not clear in the NPRM. Thus, the final rule has 
been modified to include an explicit requirement for retention of test 
and inspection records in Sec. 180.416 similar to the provision in 
Sec. 180.417(b)(2).
    Concerning the use of ``spray-fill'' to designate cargo inlet vapor 
lines, the Unit states that the terms ``vapor'' and ``liquid'' are not 
easily misunderstood, but that the term ``spray-fill'' can be 
interpreted in a number of ways. The Unit recommends that, to avoid 
confusion on the part of enforcement and emergency response personnel, 
this proposal be deleted. We do not agree. The industry commonly uses 
the term ``spray-fill'' to designate product inlet lines that 
communicate with vapor. This practice helps to assure that there is no 
confusion about where to connect loading and unloading lines. We do 
agree with the Unit that the paragraph as drafted is confusing and 
difficult to follow. We have revised this section for the final rule to 
clarify that it is only product inlet lines that communicate with vapor 
that may be designated ``spray-fill.'' Other lines that communicate 
with vapor, such as vapor equalization lines, must be designated 
``vapor.''

Rutherford Equipment

    The commenter representing Rutherford Equipment is concerned about 
the procedure proposed in the NPRM for pressure testing new and 
repaired hose assemblies by operators in the field. The commenter 
states that the person conducting the visual inspection could be 
endangered because the rule does not include a requirement that the 
hose must be restrained or caged during the pressure test. We do not 
believe that it is necessary to include such a requirement in this 
regulation. We expect that suitable safeguards will be provided to 
protect personnel and facilities should a hose fail during a pressure 
test. Written procedures developed by manufacturers of hoses and 
apparatus for pressure testing hose assemblies generally include 
cautionary statements advising persons conducting such tests to take 
all necessary safety precautions. Therefore, no change has been made to 
this final rule.

The Chlorine Institute

    The Chlorine Institute comments address: (1) The requirement in the 
NPRM that emergency discharge control systems must be certified by a 
Design Certifying Engineer; (2) the proposed definition of ``metered 
delivery service;'' (3) use of the term ``internal self-closing stop 
valve;'' (4) the implementation date for the proposed requirement that 
chlorine cargo tanks be unloaded in conformance with Pamphlet 57 of the 
Chlorine Institute; and (5) the applicability of proposed Sec. 178.337-
8 to chlorine cargo tanks.
    The NPRM proposed to require passive shut-down systems, including 
those installed on cargo tank motor vehicles prior to July 1, 2001, to 
be certified by a Design Certifying Engineer. The certification would 
affirm that the system would 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 the delivery hose. The 
Chlorine Institute states that chlorine cargo tanks have excess flow 
valves under liquid angle valves that are designed to shut down product 
flow if an angle valve is broken off. The Chlorine Institute further 
states that the excess flow valve would also activate ``under the 
proper conditions'' in the event of a complete separation of the 
delivery hose. However, the Chlorine Institute is concerned that 
manufacturers of excess flow valves used on cargo tanks in chlorine 
service will not provide the required certification because an excess 
flow valve is only one component of a larger system.
    System certification was a major issue for the Committee. The 
Committee recognized that component manufacturers might be reluctant to 
provide a performance certification for a system of which their 
component was only a part. Thus, the Committee proposed that a system 
performance certification be provided by a Design Certifying Engineer, 
who could be employed by a cargo tank manufacturer, a component 
manufacturer, a cargo tank owner or operator, or a third party.
    The performance certification must consider any manufacturing 
specifications for components used in the system and must explain how 
the system operates and the parameters within which it is designed to 
operate. A performance certification for the emergency discharge 
control system on a chlorine cargo tank would thus explain the function 
of each element of the system and enumerate the ``proper conditions'' 
within which the system is designed to operate.
    The Committee believes that certification of passive emergency 
discharge control systems installed on cargo tank motor vehicles is 
critical for successful implementation of the final rule. Therefore, 
the final rule does not change the proposal in the NPRM for all passive 
shut-down systems, including those installed on cargo tank motor 
vehicles prior to July 1, 2001, to be certified by a Design Certifying 
Engineer.
    Concerning the proposed definition of ``metered delivery service,'' 
the Chlorine Institute is concerned that the definition could be 
misinterpreted if ``metered'' were read to mean ``under the control of 
a valve or nozzle.'' The Chlorine Institute recommends that the 
proposed definition be modified to make clear that, in metered delivery 
service, the flow of product passes through a calibrated measuring 
device. We do not agree that the proposed definition for ``metered 
delivery service'' could be interpreted to mean ``under the control of 
a valve or nozzle.'' The definition proposed in the NPRM 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. In 
this context, ``metered flow rate'' clearly refers to a meter--that is, 
a calibrated measuring device. Thus, we have made no change to the 
final rule.
    Concerning use of the term ``internal self-closing stop valve,'' 
the Chlorine Institute suggests that, whenever reference is made to an 
internal self-closing stop valve in the final rule, it should be clear 
that the rule does not apply to cargo tanks, such as those used for 
transportation of chlorine, that do not have internal self-closing stop 
valves. We agree that it is not always clear in the NPRM that certain 
MC 330 and MC 331 cargo tanks are not equipped with internal self-
closing stop valves and, thus, that requirements applicable to such 
valves do not apply to these cargo tanks. We have made several 
clarifications in the final rule.
    Proposed Sec. 177.840(u) requires operators unloading chlorine from 
cargo tanks to comply with section 3 of Pamphlet 57 ``Emergency Shut-
off Systems for Bulk Transfer of Chlorine.'' The Chlorine Institute 
asks that the final rule include an implementation date of two years 
after the effective date of the final rule, or July 1, 2001. This 
implementation date has been added in the final rule.
    Concerning the applicability of proposed Sec. 178.337-8, the 
Chlorine Institute notes that chlorine cargo tanks do not have openings 
to permit complete drainage; do not have openings that must be closed 
with a

[[Page 28033]]

plug, cap, or bolted flange; and do not have back flow check valves. 
Therefore, the Chlorine Institute suggests that this section should be 
modified to clarify that it does not apply to chlorine cargo tanks. For 
the final rule, we have revised the title of paragraph (a) of 
Sec. 178.337-8 to indicate that it contains general requirements 
applicable to cargo tank openings and added language specifying that 
paragraph (a) applies to MC 331 cargo tanks except for those used to 
transport chlorine. We have also revised paragraph (b) for clarity.

Sulfur Dioxide Mutual Assistance Response Team

    The Sulfur Dioxide Mutual Assistance Response Team (SMART) 
expresses concern over the proposed requirement for certain cargo tanks 
to be equipped with an emergency discharge control system that will 
shut off unloading without human intervention within 20 seconds of an 
unintentional release caused by a complete hose separation. SMART 
asserts that a complete separation of a delivery hose ``is not a 
situation that has occurred in the sulfur dioxide industry'' and, thus, 
sees no reason for imposition of the proposed requirement on cargo 
tanks used to transport sulfur dioxide. SMART also states that the 
technology to meet the proposed requirement does not yet exist and that 
``it is unlikely that a device that may be appropriate for propane is 
going to work for sulfur dioxide.'' SMART is also concerned that its 
interests were not ``appropriately represented'' on the negotiated 
rulemaking committee. SMART requests that the final rule except cargo 
tanks that transport sulfur dioxide from the requirement for a passive 
emergency discharge control system. Failing that, SMART asks for 
reconsideration of the proposed implementation date for these systems.
    From the beginning, our goal has been an open and inclusive process 
that would enable anyone with an interest in the rulemaking to provide 
information and to comment on proposals. The notice announcing our 
intention to establish a negotiated rulemaking committee (63 FR 30572; 
June 4, 1998) listed those interests that we believed should be 
represented on the Committee and invited commenters to identify other 
interests that should also be represented. The notice identified the 
Compressed Gas Association and National Tank Truck Carriers as 
organizations that should be included on the Committee to represent the 
interests of manufacturers and transporters of liquefied compressed 
gases other than LPG and anhydrous ammonia.
    Once the Committee was established, interested parties who were not 
selected for membership were invited to attend Committee meetings, 
which were open to the public, caucus with Committee members 
representing their interest on the Committee, address the Committee or 
submit written comments on issues of concern, and participate in the 
informal work groups that were established by the Committee to address 
certain technical issues and draft regulatory text. Further, in January 
1999, we circulated a draft NPRM to the Committee and other interested 
persons, including SMART's representative, thereby providing an 
opportunity for interested persons to provide comments in advance of 
formal publication of the NPRM. At the Committee's February meeting, 
Committee members and other participants discussed the draft NPRM in 
detail.
    SMART's comments highlight the accident history of sulfur dioxide 
in transportation. We recognize that unintentional releases of 
liquefied compressed gases during unloading occur infrequently and that 
events such as complete hose separations during unloading are also 
infrequent events. However, an unintentional release of a gas that is 
poisonous by inhalation, such as sulfur dioxide, can have very serious 
consequences if it is not controlled quickly. The proposed requirement 
for passive emergency discharge control systems is designed to address 
potential risks to the public safety associated with such low-
probability/high-consequence events. SMART has not provided sufficient 
information to justify its request for an exception from the proposed 
requirement; therefore, we have made no changes to the final rule.
    Although SMART states that technology capable of automatically 
shutting off unloading in the event of complete hose failure cannot be 
available within two years, the industry is field-testing several 
promising systems, and at least one company is marketing a system that 
appears to meet the performance standard established in the proposed 
rule. Further, we note that, as is the case with chlorine, cargo tanks 
used to transport sulfur dioxide currently are equipped with an 
emergency discharge control system that may well meet the proposed 
performance standard provided certain operating conditions are met. If 
so, the existing system can be so certified by a Design Certifying 
Engineer. Thus, we have made no changes to the implementation schedule 
proposed in the NPRM.

Comments on Environmental Assessment and Preliminary Regulatory 
Evaluation

    Several members of the Committee submitted formal comments 
expressing concerns about specific issues discussed in the 
Environmental Assessment and Preliminary Regulatory Evaluation. All of 
the commenters reiterated their support for the proposed regulatory 
program and their certainty that the safety benefits of the proposed 
program outweigh its costs.
    Concerning the Environmental Assessment, commenters stated that 
some of the possible scenarios discussed are so improbable that they 
are not representative of the risks the new regulations are designed to 
addressed and should not have been presented. One factor normally 
considered in an Environmental Assessment is risk to health or safety. 
In this case, the most significant environmental effects of an 
unintentional release of material are the health and safety threats at 
the time of the release to humans, animals, and vegetation. Comments on 
the Environmental Assessment centered on potential fatality figures 
cited for several different delivery scenarios. These figures are 
intended to provide some sense of the upper bound, worst-case, or 
``could range up to'' consequences that are possible in an accident. 
RSPA recognizes that unintentional releases of liquefied compressed 
gases during unloading occur infrequently and that events such as these 
are of very low probability. Less extreme outcomes are not as 
improbable. The safety measures adopted through this rulemaking, 
however, act to further reduce the likelihood of either category of 
events or mitigate consequences should they occur. Regardless of 
differences on how they may choose to portray risks, both RSPA and 
commenters come to the same conclusion: there are no significant 
environmental impacts associated with the proposed regulations.
    Concerning the preliminary regulatory evaluation, commenters were 
primarily concerned that it understates the costs of the proposed 
regulations. In several cases, RSPA has adjusted cost figures upwards 
to reflect information provided by commenters. Where commenters did not 
offer specific information to support their arguments, RSPA elected to 
continue to rely on its original estimates. A complete discussion of 
individual comments received is included in the final Regulatory 
Evaluation. Notwithstanding their differences in characterizing the 
costs associated with the proposed program,

[[Page 28034]]

RSPA and the commenters agree that the costs imposed by this final rule 
will be off-set by the benefits.

IV. Revisions to the Regulations

A. Prevention

    We are revising the HMR to incorporate 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 requiring a hose management 
program for liquid transfer 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 are equally applicable to unloading operations 
for all liquefied compressed gases. The requirements include 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 applies 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 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 requires an operator to remove and 
replace damaged hose sections and to correct any defects discovered in 
hoses or hose assemblies. The operator is 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 
is not required if the operator corrects 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 must 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 does 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, we are requiring 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 
required for hoses. Piping system inspections and tests must 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 person unloading 
liquefied compressed gases from a cargo tank must visually check those 
components of the discharge system that are readily observed during the 
normal course of unloading. This check must be done before each 
delivery after the pressure in the discharge system has reached at 
least 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

    We are establishing new attendance provisions applicable to 
unloading of LPG and anhydrous ammonia. The attendance provisions in 
Sec. 177.834(i), which we are revising for clarity and consistency, 
will apply to all other cargo tank loading and unloading operations. We 
are making the following changes to the HMR:
     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.

[[Page 28035]]

Definition for ``Metered Delivery Service''
    The Committee recommended 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 defining a new term--
``metered delivery service.'' The 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 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.
    This final rule requires the qualified person attending the 
unloading operation to 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 is not 
required to be in position to view the entire length of the delivery 
hose.
    This 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 
should 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, 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 is not required 
to be in position to view the entire length of the delivery hose.

[[Page 28036]]

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 requirements for attending unloading operations for metered 
delivery service 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 apply 
at all other times.
    Taken together, the Committee believes that the new 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, 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. We are 
making 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 and 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 stop 
valve with an integral excess flow valve or excess flow 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. In this final rule, we are clarifying the current regulations 
to accurately reflect an excess flow valve's performance capabilities. 
The clarification appears in 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. Thus, in this final 
rule, a passive means to shut off the flow of product is 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 is 
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 excess flow feature. The modification 
requires 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 excess flow 
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 is 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 recommended 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 
transfer 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, this final rule 
requires 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

[[Page 28037]]

complete liquid transfer 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 are adopting 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 transfer 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 new regulation permits 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.
    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 recommended 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 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.
    We recognize 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 final rule, such limitations are considered 
acceptable. We also recognize that some deliveries will be made under 
conditions where an otherwise operable wireless transmitter/receiver 
system cannot be used or might not function and believe that the other 
safety features of this proposed rule should be considered sufficient 
in such cases. Accordingly, the final rule does 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 final rule 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-

[[Page 28038]]

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 
these concerns, this final rule requires 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, this requirement is 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 the provisions of this final rule 
for emergency discharge control equipment on cargo tanks transporting 
liquefied compressed gases:

----------------------------------------------------------------------------------------------------------------
                                                                                        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. Division 2.2 materials with a     All...................  Other than metered      Passive shut-down
 subsidiary hazard, anhydrous                                 delivery service.       capability.
 ammonia, and Division 2.1
 materials.
4. Division 2.2 materials with a     3,500 water gallons or  Metered delivery        Off-truck remote shut-down
 subsidiary hazard, anhydrous         less.                   service.                capability.
 ammonia, and Division 2.1
 materials.
5. Division 2.2 materials with a     Greater than 3,500      Metered delivery        Off-truck remote shut-down
 subsidiary hazard, anhydrous         water gallons.          service.                capability, and, for
 ammonia, and Division 2.1                                                            obstructed view deliveries
 materials in cargo tanks.                                                            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, 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 must 
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 instituting specific requirements for certifying the 
design and installation of emergency discharge control equipment. Off-
truck remote shut-off equipment must be installed under the supervision 
of a Registered Inspector, who must certify that it is installed 
according to the manufacturer's specifications. The design for passive 
shut-down equipment 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, this final rule requires 
that any passive shut-down systems installed on cargo tank motor 
vehicles prior to July 1, 2001, must be certified by a Design 
Certifying Engineer.
    The manufacturers of internal self-closing stop valves with an 
integral excess flow valve or excess flow feature participating as 
members of the Committee advised the Committee that, in addition to 
restrictions in downstream piping caused by pumps,

[[Page 28039]]

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. This final rule requires internal self-
closing stop valves to 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 requiring 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 must 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 agreed 
on the implementation schedule outlined in the following table for the 
new requirements in this final rule.

------------------------------------------------------------------------
                   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 is authorized immediately. New or amended 
sections of the HMR not specifically referenced in the table will 
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

[[Page 28040]]

effective July 1, 1999. 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 final rule includes 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 final rule also permits operators 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 will be permitted to operate after its first pressure testing 
interval occurring after July 1, 2001, unless it is equipped with 
appropriate emergency discharge control equipment. All equipment 
retrofits must be completed by July 1, 2006.
    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 final rule permits cargo tanks authorized under Sec. 173.315(k) 
of the HMR, which are currently limited to intrastate operations, 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 will 
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, 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 July 1, 2000. When 
a system reaches the end of its useful life, a replacement system must 
conform to the new requirements for off-truck remote shut-off 
equipment.
    Because of RSPA's concern about the potential risk involved with 
larger capacity cargo tanks, the final rule requires cargo tank motor 
vehicles in metered delivery service with capacities greater than 3,500 
water gallons to 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. This requirement must be 
met by July 1, 2001, for newly manufactured cargo tank motor vehicles 
and, for vehicles already in service, by the date of a cargo tank's 
first scheduled pressure test after July 1, 2001 or by July 1, 2003, 
whichever is earlier. This retrofit schedule applies whether or not the 
cargo tank is due to be requalified by July 1, 2003, and whether or not 
it is already equipped with an off-truck remote shut-off device that 
closes 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 described above by July 1, 2003.
    We anticipate that periodic progress reviews will be needed during 
the two-year development and testing cycle for emergency discharge 
control technology. These reviews will 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

[[Page 28041]]

critical research and development; and (4) testing. We will also 
explore possible sponsorship of technology exchange forums to highlight 
the state of technology development and implementation.

E. Miscellaneous

    In addition to the provisions outlined above, we are revising 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, we are revising the current specification, 
described in more detail in the section-by-section review below, to 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 are removed. Operators of cargo tanks marked in accordance with 
Sec. 171.5(b) should remove the marking as expeditiously as possible 
after July 1, 1999.
    Section 171.7. We are revising the incorporations by reference to 
reflect the most recent publications of The Chlorine Institute. For the 
final rule, we have revised the reference to Pamphlet 57 in the table 
in Sec. 171.7(a)(3) to reflect that the publication is the 3rd edition 
and was published in 1997.
    Section 171.8. We are adding 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 including an exception from this requirement where 
the provisions of Pamphlet 58 are inconsistent with Parts 178 and 180 
of the HMR. We are also permitting such tanks to cross state lines to 
travel to and from a qualified assembly, repair, maintenance, or 
requalification facility under certain conditions. Finally, we are 
rewriting paragraph (k) for clarity.
    We are revising 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.
    New paragraph (n)(1) includes a table that shows the subparagraphs 
of paragraph (n) where emergency discharge control requirements 
applicable to specific liquefied compressed gases are located.
    New paragraph (n)(2) describes the emergency discharge control 
equipment that is required on cargo tanks used to transport liquefied 
compressed gases in other than metered delivery service and 
requirements for installation and certification. New paragraph 
(n)(2)(ii) requires the design for equipment to be certified by a 
Design Certifying Engineer. The certification must consider any 
specifications of the original component manufacturer and 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. New paragraph 
(n)(2)(iii) requires 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.
    New paragraphs (n)(3) and (n)(4) describe the emergency discharge 
control equipment that is required on cargo tanks transporting 
liquefied compressed gases in metered delivery service, including 
requirements for installation and certification. New 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.
    New paragraph (p) requires 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 are revising 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 are 
removing paragraph (i)(5) for clarity.
    Section 177.840. We are adding several new provisions concerning 
unloading procedures for liquefied compressed gases. New paragraph (l) 
requires each operator of a cargo tank motor vehicle transporting a 
liquefied compressed gas to carry a written operating procedure for all 
delivery operations on the cargo tank motor vehicle. The operating 
procedure must 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 must describe the conditions under 
which use of a facility-provided hose for unloading is authorized.
    New paragraph (m) requires 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 must determine that each component is of sound quality and 
without obvious defects detectable through visual observation and audio 
awareness. The qualified person must also assure that all connections 
are secure. This paragraph also prohibits an operator from unloading a 
liquefied compressed gas if the discharge system has any of the defects 
listed in new Sec. 180.416(g).
    New paragraph (n) requires 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

[[Page 28042]]

equipment in the event of an unintentional release during unloading.
    New paragraph (o) requires operators of cargo tank motor vehicles 
with an off-truck remote shut-off capability to 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.
    New paragraphs (p) and (q) provide attendance requirements for 
unloading LPG and anhydrous ammonia. For cargo tank motor vehicles in 
metered delivery service, paragraph (p) requires a qualified person to 
remain within 150 feet of the cargo tank and within 25 feet of the 
delivery hose and to observe both the cargo tank and the receiving 
container at least once every five minutes while the internal self-
closing stop valve is open. New 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.
    New paragraph (q) revises the 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.
    New paragraph (r) sets forth 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. For the 
final rule, we have revised the language proposed in the NPRM to 
specify that, for chlorine tanks, which are not equipped with an 
internal self-closing stop valve, the attendant must remain within 
arm's reach of a means to stop the flow of product while unloading. In 
addition, for the final rule, we have added language to clarify that, 
if the facility hose is equipped with a passive shut-down device that 
conforms to the performance standard established in the final rule, the 
special attendance provisions in this paragraph (r) do not apply.
    New paragraph (s) requires 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.
    New paragraph (t) requires 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. 
For the final rule, we have revised the language proposed in the NPRM 
to specify that, for chlorine tanks, which are not equipped with an 
internal self-closing stop valve, the attendant must remain within 
arm's reach of a means to stop the flow of product while unloading.
    New paragraph (u) requires chlorine to be unloaded from cargo tanks 
in accordance with procedures set forth in section 3 of Pamphlet 57 
published by the Chlorine Institute. For the final rule, we have added 
the implementation date--July 1, 2001.

Part 178

    Section 178.337-1. We are adding a new paragraph (g) to 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.'' For the final rule, 
the definition of ``internal self-closing stop valve'' has been revised 
for clarity.
    Section 178.337-8. We are retitling and rewriting this section to 
place all of the requirements related to MC 331 cargo tank openings, 
inlets, and outlets in one section. For the final rule, we have revised 
the title of paragraph (a) to clarify that it contains general 
requirements applicable to cargo tank openings. In addition, we have 
added language to the text proposed in the NPRM to clarify that the 
requirements in paragraph (a) do not apply to cargo tanks that 
transport chlorine. The requirements for product inlet/outlet openings 
on chlorine cargo tanks are in Sec. 178.337-8(b). Paragraph (a)(1) is 
rewritten for clarity. Paragraph (a)(2) is revised to indicate the 
specific cargo tank openings that must be closed with a plug, cap, or 
bolted flange.
    Paragraph (a)(3) is 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) is 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, are 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 implements the Committee's recommendation that 
all MC 331 cargo tanks, regardless of their capacities, must be 
equipped with fusible elements.
    Paragraph (a)(4)(i) incorporates 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) incorporates 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. Paragraph (a)(4)(iii) moves 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). Paragraph 
(a)(4)(iv) clarifies performance requirements for excess flow valves, 
integral excess flow valves, and excess flow features. Paragraph 
(a)(4)(v) permits an integral excess flow valve or the excess flow 
feature of an internal self-closing stop valve to be designed with a 
bypass and specifies bypass requirements currently found in 
Sec. 178.337-11(a)(1)(vi). Paragraph (a)(4)(vi) specifies construction 
requirements for internal self-closing stop valves currently located in 
Sec. 178.337-11(a)(1)(ii).
    Paragraph (a)(5) moves exceptions from the requirement for a 
primary discharge control system from Secs. 178.337-11(a)(2) and 
178.337-11(c). Paragraph (a)(6) moves requirements for shut-off valves 
from Sec. 178.337-11(b). Paragraph (a)(7) permits an excess flow valve 
to be designed with a bypass for equalization of pressure.
    Paragraph (b) moves and updates requirements applicable to chlorine 
cargo tanks from Sec. 178.337-11(a)(4). For this final rule, we have 
revised the paragraph to clarify that the paragraph

[[Page 28043]]

applies to inlets and discharge outlets on chlorine cargo tanks.
    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 are revising paragraph (b)(6) to move the 
hose testing requirements to a new paragraph (b)(7), which requires 
that hose assemblers mark each hose assembly with a unique identifier 
and test the hose assembly in accordance with the new testing 
requirements in Sec. 180.416(f). Current paragraph (b)(7) is 
redesignated as (b)(8) and updated to incorporate the most recent 
publications of The Chlorine Institute. 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 revision should clarify any 
confusion among enforcement personnel about whether this practice is 
permitted. For the final rule, this paragraph has been revised for 
clarity.
    Section 178.337-11. We are adding 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 also notes 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.
    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) are relocated 
to Sec. 178.337-8. Current paragraph (a)(1)(v) is removed. Current 
paragraphs (a)(2), (a)(2)(i) and (ii), (a)(3), and (a)(4) and current 
paragraph (b) are moved to Sec. 178.337-8.

Part 180

    Section 180.403. We are adding definitions for ``delivery hose 
assembly'' and ``piping systems.'' In addition, we are revising 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 is considered a modification. This makes a 
modification of this equipment subject to certification by a Design 
Certifying Engineer under Sec. 180.413(d).
    Section 180.405. We are revising 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 
after July 1, 2001. 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 July 1, 2003, or by the cargo tank's first 
scheduled pressure test after July 1, 2001, whichever is earlier. For 
fusible elements, a cargo tank must be retrofitted by the date of its 
first scheduled leakage test after July 1, 1999.
    Section 180.407. We are revising 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 includes recordkeeping requirements related to the 
leakage test. For the final rule, we have revised the text in the NPRM 
to indicate that the requirement that delivery hose assemblies and 
piping systems must be visually inspected while under leakage test 
pressure is effective after July 1, 2000.
    Section 180.416. We are adding 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. For this final rule, we have modified 
paragraph (d)(5) and (f)(3) to clarify where and for how long 
inspection and test records must be kept. In addition, we have modified 
paragraphs d(5) and (f)(3) to indicate that the recordkeeping 
requirements are effective after July 1, 2000.
    Section 180.417. We are revising paragraph (a)(1) to require owners 
to retain any certification of emergency discharge control systems on a 
specification cargo tank throughout his ownership of the tank and for 
one year thereafter.
    Appendices to Part 180. We are adding Appendices A and B to Part 
180. Appendix A outlines 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 outlines 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 final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget. The rule is considered 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034) because of public interest. 
A final regulatory evaluation is available for review in the docket.

B. Executive Order 12612

    This final 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. 5101-5127, 
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 final rule addresses covered subjects under items (i) through 
(v)

[[Page 28044]]

above and preempts 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. 
The effective date of federal preemption for these requirements is 
October 1, 1999.

C. Executive Order 13084

    This final 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 in this final rule 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.

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 final regulatory evaluation, I hereby certify 
that the final rule will not have a significant economic impact on a 
substantial number of small businesses.
    Need for the final rule. The goal of the final rule 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 requirements in the final 
rule 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 will incur 
compliance costs in the amounts outlined in the final 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 $621 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 $0.00155. RSPA fully 
anticipates that this additional cost of operation will 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 $0.26. Considering that the national average residential price 
of propane on January 18, 1999 was $0.890 per gallon, RSPA determined 
that there will 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 final rule that requires 
installation of certain

[[Page 28045]]

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 final 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 will 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 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 final rule. The principal types of 
compliance expenditures effectively required by the final 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 final rule was developed 
under the assumption that small businesses comprise an overwhelming 
majority of entities that would be compelled to comply. The final rule 
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 final rule, 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.
    The final rule includes a two-year period for development and 
testing of new technologies for emergency discharge control. RSPA 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, the final rule includes 
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, 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 July 1, 2000.
    In addition, the final rule permits 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, 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 
new requirements, including new recordkeeping requirements, should not 
significantly affect the cost of transporting and delivering liquefied 
compressed gases. Based on this analysis, RSPA believes that the final 
will not impose a substantial economic burden on a significant number 
of small businesses or other small entities.

E. Paperwork Reduction Act

    The requirements for information collection included in this final 
rule have been approved by the Office of Management and Budget under 
OMB control number 2137-0595. 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.

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

[[Page 28046]]

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 final rule does not mandate business process changes or 
require modifications to computer systems. Because this rule apparently 
does not affect organizations' ability to respond to the Year 2000 
problem, we do not intend to delay the effectiveness of the 
requirements.

I. Environmental Assessment

    RSPA finds that there are no significant environmental impacts 
associated with this final rule. 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 are amending 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 continues to read as 
follows:

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


Sec. 171.5  [Removed]

    2. Section 171.5 is removed.
    3. In Sec. 171.7, in the table in paragraph (a)(3), a new entry is 
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, 3rd Edition, October 1997..
 
                  *        *        *        *        *
------------------------------------------------------------------------

Sec. 171.7  [Amended]

    4. In Sec. 171.7, in the table in paragraph (a)(3), the following 
changes are made:
    a. Under ``Chlorine Institute, Inc.,'' for the entry ``Standard 
Chlorine Angle Valve Assembly,'' the wording ``104-6, December 1, 
1982'' is revised to read ``104-8, July 1993''.
    b. Under ``Chlorine Institute, Inc.,'' for the entry ``Excess Flow 
Valve with Removable Seat,'' the wording ``101-6, September 1, 1973'' 
is revised to read ``101-7, July 1993'' and, in column 2, the reference 
``178.337-11'' is revised to read ``178.337-8''.
    c. Under ``Chlorine Institute, Inc.,'' for the entry ``Excess Flow 
Valve with Removable Basket,'' the wording ``106-5, September 1, 1973'' 
is revised to read ``106-6, July 1993'' and, in column 2, the reference 
``178.337-11'' is revised to read ``178.337-8''.
    5. In Sec. 171.8, the following definition is 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 continues to read as 
follows:

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

    7. In Sec. 173.315, paragraphs (k) and (n) are revised and 
paragraph (p) is 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

[[Page 28047]]

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

    (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 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 it is possible 
to do so without damaging 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 July 1, 1999, 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 July 1, 2001. No MC 330, MC 
331 or nonspecification cargo tank motor vehicle authorized under 
paragraph (k) of this section may be operated after July 1, 2006, 
unless it has

[[Page 28048]]

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 
July 1, 2003, or the date of its first scheduled pressure retest 
required after July 1, 2001, whichever is earlier.
* * * * *
    (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 continues to read as 
follows:

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

    9. In Sec. 177.834, paragraph (i)(5) is removed and paragraph 
(i)(3) is 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) are added to read 
as follows:


Sec. 177.840  Class 2 (gases) materials.

* * * * *
    (l) Operating procedure. By January 1, 2000, 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-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

[[Page 28049]]

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. For chlorine cargo tanks, the 
qualified person must remain within arm's reach of a means to stop the 
flow of product except for short periods when it is necessary to 
activate controls or monitor the receiving container.
    (3) If the facility hose is equipped with a passive means to shut 
off the flow of product that conforms to and is maintained to the 
performance standard in Sec. 173.315(n)(2) of this subchapter, the 
qualified person may attend the unloading operation in accordance with 
the attendance requirements prescribed for the material being unloaded 
in Sec. 177.834 of this section.
    (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 when the internal self-closing 
stop valve is open except during short periods when the qualified 
person must activate controls or monitor the receiving container. For 
chlorine cargo tanks, the qualified person must remain within arm's 
reach of a means to stop the flow of product except for short periods 
when it is necessary to activate controls or monitor the receiving 
container.
    (u) Unloading of chlorine cargo tanks. After July 1, 2001, 
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 continues to read as 
follows:

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

    12. In Sec. 178.337-1, new paragraph (g) is 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 a primary shut off valve 
installed in a product discharge outlet of a cargo tank and designed to 
be kept closed by self-stored energy.
    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.
    13. Section 178.337-8 is revised to read as follows:


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

    (a) General. The requirements in this paragraph (a) apply to MC 331 
cargo tanks except for those used to transport chlorine. The 
requirements for inlets and outlets on chlorine cargo tanks are in 
paragraph (b) of this section.
    (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) Except as provided in paragraph (b) of this section, each 
product inlet opening, including vapor return lines, must be fitted 
with a back flow check valve or an internal self-closing stop 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 in the first sentence of this paragraph (a)(4)(i), 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

[[Page 28050]]

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 excess flow 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 back flow check valve 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) Inlets and discharge outlets on chlorine tanks. The inlet and 
discharge outlets on a cargo tank 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, the inlet and 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) is revised, paragraph 
(b)(7) is redesignated as paragraph (b)(8) and revised, a new paragraph 
(b)(7) is added, and paragraph (c) is 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 gauging devices, 
thermometer wells, and pressure relief valves, each cargo tank inlet 
and outlet must be marked ``liquid'' or ``vapor'' to designate whether 
it communicates with liquid or vapor when the cargo tank is filled to 
the maximum permitted filling density. A filling line that communicates 
with vapor may be marked ``spray-fill'' instead of ``vapor.''
* * * * *
    15. Section 178.337-11 is 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 excess flow feature.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

    16. The authority citation for part 180 continues 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'' is revised, and definitions for ``Delivery hose 
assembly'' and ``Piping system'' are 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

[[Page 28051]]

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) are 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 July 1, 2001, 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 July 1, 2001, 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 July 1, 2001, 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 in metered delivery service a 
Division 2.1 material, a Division 2.2 material with a subsidiary 
hazard, or anhydrous ammonia equipped with an off-truck remote shut-off 
device that was installed prior to July 1, 2000. 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 in metered 
delivery service 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, marked and certified 
before July 1, 1999, 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 July 1, 2001, or July 1, 2003, whichever is earlier.
    (n) Thermal activation. No later than the date of its first 
scheduled leakage test after July 1, 1999, 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 July 1, 1999, 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) is added, existing 
paragraphs (h)(4) through (h)(8) are redesignated as paragraphs (h)(5) 
through (h)(9), respectively, and a new paragraph (h)(4) is 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) After July 1, 2000, 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.
* * * * *
    20. Section 180.416 is 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 hose assemblies, apply only to hose assemblies 
installed or carried on the cargo tank.
    (b) Hose identification. By July 1, 2000, 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 calendar month 
the delivery hose assembly is in service.
    (2) The operator must visually inspect the piping system at least 
once each calendar 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 calendar 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 calendar 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) After July 1, 2000, the operator must note each inspection in a 
record.

[[Page 28052]]

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 assembly and piping system passed or 
failed the tests and inspections. A copy of each test and inspection 
record must be retained by the operator at its principal place of 
business or where the vehicle is housed or maintained until the next 
test of the same type is successfully completed.
    (e) Annual hose leakage test. The owner of a delivery hose assembly 
that is not permanently attached to a cargo tank motor vehicle must 
ensure that the hose assembly 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 delivery 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) After July 1, 2000, 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 delivery hose assembly and test, notes of any defects 
observed and repairs made, and an indication that the delivery hose 
assembly passed or failed the tests and inspections. A copy of each 
test and inspection record must be retained by the operator at its 
principal place of business or where the vehicle is housed or 
maintained until the next test of the same type is successfully 
completed.
    (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 hose 
assemblies 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 in this paragraph (g)(2) 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) is 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 are 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 closed 
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 calibrated 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 by starting the delivery process or returning 
product to the cargo tank through the delivery system. 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. 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 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 May 18, 1999, under authority 
delegated in 49 CFR part 1.
Kelley Coyner,
Administrator.
[FR Doc. 99-12860 Filed 5-21-99; 8:45 am]
BILLING CODE 4910-60-P