[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.
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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