[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Rules and Regulations]
[Pages 64624-64627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27723]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-00-8191]
RIN 2127-AH94


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

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

ACTION: Final rule, petitions for reconsideration.

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SUMMARY: In response to petitions for reconsideration, this agency is 
amending the bonfire test procedures in the Federal motor vehicle 
safety standard concerning compressed natural gas fuel container 
integrity. The amendments will facilitate the testing of compressed 
natural gas containers without adversely affecting safety.

DATES: Effective date: The amendment in this document becomes effective 
November 29, 2000.
    Petitions for reconsideration: Any petition for reconsideration of 
this rule must be received by NHTSA no later than December 14, 2000.

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

FOR FURTHER INFORMATION CONTACT: For non-legal issues: Mr. Charles 
Hott, National Highway Traffic Safety Administration, 400 Seventh 
Street, SW., Washington, DC 20590 (Telephone 202-366-0247).
    For legal issues: Mr. Steve Wood, NCC-20, Assistant Chief Counsel 
for Rulemaking, National Highway Traffic Safety Administration, 400 
Seventh Street, SW., Washington, DC 20590 (202-366-2992).

SUPPLEMENTARY INFORMATION:

I. Regulatory Background

    On September 26, 1994, NHTSA published a final rule establishing 
Standard No. 304, Compressed Natural Gas Fuel Container Integrity, 
which specifies tests and performance requirements regarding the 
durability, strength, and pressure relief of compressed natural gas 
(CNG) fuel containers. (59 FR 49010) The September 1994 final rule also 
specified labeling requirements for CNG fuel containers. The CNG fuel 
container requirements are based on specifications in ANSI/NGV2, a 
voluntary industry standard addressing CNG fuel containers which was 
adopted by the American National Standards Institute (ANSI).\1\ One of 
the performance tests involves subjecting containers to a bonfire test 
to evaluate their pressure relief characteristics.
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    \1\ NGV2 was developed by an industry working group that 
included container manufacturers, CNG users, and utilities.
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    NHTSA decided in the September 1994 final rule to specify that No. 
2 diesel fuel be used to generate the fire in the bonfire test. The 
agency indicated that it was specifying No. 2 diesel fuel on an interim 
basis because of its awareness that environmental problems result from 
use of this fuel. The agency stated that it would study whether other 
fuels could be used for the bonfire test.

[[Page 64625]]

    On December 19, 1994, NHTSA published a supplemental notice of 
proposed rulemaking (SNPRM) that proposed, among other things, to amend 
the bonfire test procedures and conditions to allow alternative fuel 
types. (59 FR 65299) Specifically, the agency proposed that the bonfire 
test be conducted with any fuel that generates a flame temperature 
equivalent to that of No. 2 diesel fuel (i.e., any fuel that generates 
a flame temperature of 850 to 900 degrees Celcius (C)). NHTSA requested 
comments about the appropriateness of using flame temperature to define 
equivalence among fuel types.
    Commenters addressing the issue of bonfire fuel generally supported 
the proposal. EDO Corporation and Brunswick Composites favored allowing 
any fuel as long as the specified temperature is maintained. Ford Motor 
Company commented that the proposal was appropriate, provided the flame 
characteristics of different fuels are similar. AGA/NGVC also supported 
the proposal.
    On November 24, 1995, NHTSA published a final rule that amended the 
bonfire test procedures and announced its decision to terminate 
rulemaking on additional performance requirements for CNG containers 
that the agency had previously proposed. (60 FR 57943) Specifically, 
section S8.3.6 was amended to allow the bonfire test to be conducted 
using any fuel that generates a flame temperature between 850 and 900 
degrees C for the duration of the test. The agency stated that the 
amendment provided greater flexibility in conducting the bonfire test. 
It further stated that the amendment eliminated a provision that 
specified the use of a fuel that posed environmental problems.

II. Petitions for Reconsideration

    NHTSA received petitions for reconsideration from the American 
Automobile Manufacturers Association (AAMA), Ford, Consumers Gas, 
Powertech (a research and development laboratory), and CNG container 
manufacturers, including NGV Systems, Pressed Steel Tank (PST), and 
Lincoln Composites (Lincoln). The petitioners requested that NHTSA 
amend Standard No. 304 with respect to the requirements for labeling 
CNG containers and the bonfire test procedures. In a final rule 
published September 6, 1996, the agency responded to issues associated 
with the labeling of CNG containers. (61 FR 47086) In today's notice, 
NHTSA responds to the issues associated with the bonfire test.
    Lincoln, Powertech, and NGV Systems stated that the bonfire test 
procedures in S8.3.6 are not feasible. Section S8.3.6 states that ``The 
fire is generated by any fuel that maintains a flame temperature 
between 850 and 900 degrees C for the duration of the test, as verified 
by each of the three thermocouples in S8.3.2 or S8.3.3.'' NGV Systems 
provided test data that indicate that the thermocouple temperatures 
reached during a bonfire test cannot be verified under the procedures 
specified in the final rule because of variability in the testing. 
Lincoln recommended that the agency adopt the 1996 edition of NGV2, 
which requires that two of the three thermocouples average 590 degrees 
C (1100 degrees F) over any one-minute interval (except that there 
would be no temperature requirements if the container vents within five 
minutes of igniting the fire). Lincoln did not explain why this 
temperature, which is much lower than the initial requirement of 850-
900 degrees, would be sufficient. PST stated that because thermocouples 
on the container do not register temperatures as high as 850 C and are 
not constant within the 50 C range during the test, diesel fuel should 
be specified.
    Powertech requested that NHTSA harmonize its requirement with the 
International Standards Organization's (ISO) proposed standard (CD 
11439) and the Canadian Standards Associations' proposed standard (B51-
95 (part 2)). Both proposed standards are consistent with the 1996 
edition of NGV2 which specifies a minimum fire temperature of 590 
degrees C using a thermocouple that is placed directly below the 
container and is shielded from direct flame impingement. These 
organizations did not establish a maximum test temperature because of 
the difficulty in precisely controlling the large-scale fire test 
conditions. In addition to recommending the adoption of NGV2's bonfire 
temperature, Lincoln recommended rewording the entire bonfire test 
procedure in FMVSS No. 304 to make it consistent with the 1996 edition 
of NGV2. That company further stated that if its recommendation were 
not accepted, then the bonfire test procedures of the standard should 
be withdrawn and that the issue of the bonfire procedures should be 
revisited after NGV2 is completed.

III. NHTSA Decision

    After reviewing the petitions and other available information, 
NHTSA has decided to amend the bonfire test procedures to be consistent 
with the ANSI/NGV2 industry standard published in June 1998. That 
standard specifies that, within five minutes of ignition, the average 
temperature of two of the thermocouples must be not less than 430 
degrees C over each one minute interval for the duration of the test, 
beginning 5 minutes after the ignition of the fire and ending 20 
minutes after ignition. It also calls for placement of three 
thermocouples one inch below the CNG container, and specifies that 
temperatures be recorded every 30 seconds after the ignition of the 
fire. In other words, any two of the three thermocouples must have an 
average temperature of not less than 430 degrees C over a 60-second 
interval, i.e.,
[GRAPHIC] [TIFF OMITTED] TR30OC00.008

    These test procedures will facilitate the testing of CNG containers 
in several ways, while maintaining the level of safety currently 
required by Standard No. 304. First, eliminating the current narrow 50 
degree C temperature range will make it easier to conduct compliance 
tests consistent with the temperature specifications of the standard. 
Data submitted by the petitioners that indicate that the final rule's 
bonfire test procedures were not feasible because the petitioners could 
not maintain the temperature specified in the 1995 final rule. Second, 
specifying that the thermocouples will be placed so that they are 
suspended below the CNG containers, instead of attached to them as is 
currently specified in the standard, will increase their accuracy in 
measuring the flame temperature. Third, specifying a minimum average 
temperature for the thermocouples will facilitate the use of any type 
of fuel that can be used to generate the needed heat for the bonfire 
tests. The temperature specified in the

[[Page 64626]]

1995 final rule is the flame temperature for diesel fuel, 850-900 
degrees C. This is not practical because the container must reach the 
flame temperature of the fuel that is burning. At such high 
temperatures, the CNG container material may be destroyed.
    NHTSA's decision to pattern the bonfire test procedures after ANSI/
NGV2 is consistent with the National Technology Transfer and 
Advancement Act (NTTAA), which generally requires Federal agencies to 
evaluate and use existing voluntary consensus standards \2\ in their 
regulatory activities unless doing so would be inconsistent with 
applicable law (e.g., the statutory provisions regarding NHTSA's 
vehicle safety authority) or otherwise impractical; see section 12(d) 
of Pub. L. 104-113. The agency believes that NGV2 is suitable and 
consistent with the agency's own statutory mandate to be practicable 
and meet the need for safety. Accordingly, NHTSA has revised the 
bonfire test procedures to be consistent with the June 1998 version of 
the ANSI standard.
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    \2\ Voluntary consensus standards are technical standards 
developed or adopted by voluntary consensus standards bodies. 
Technical standards are defined by the NTTAA as ``performance-based 
or design-specific technical specifications and related management 
systems practices.'' They pertain to ``products and processes, such 
as size, strength, or technical performance of a product, process or 
material.''
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Technical Amendment

    In addition, NHTSA is making a technical amendment to the 
Application section (S3) to state explicitly that Standard No. 304 
applies to ``each passenger car, multipurpose passenger vehicle, truck, 
and bus that uses CNG as a motor fuel and to each container designed to 
store CNG as motor fuel on-board any motor vehicle.'' While the 
standard's applicability is stated in S6.1 and S6.2, it was not fully 
stated in S3.

IV. Rulemaking Analyses and Notices

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

    NHTSA has considered the impact of this rulemaking action under 
Executive Order 12866 and the Department of Transportation's regulatory 
policies and procedures. This rulemaking document was not reviewed 
under E.O. 12866, ``Regulatory Planning and Review.'' Further, this 
action has been determined to be ``nonsignificant'' under the 
Department of Transportation's regulatory policies and procedures. The 
agency has decided not to prepare a Final Regulatory Evaluation (FRE) 
because the impacts of these amendments are so minimal as not to 
warrant preparation of a full regulatory evaluation. The amendments in 
today's final rule make the bonfire test conditions consistent with a 
voluntary industry standard. Since the industry is already following 
that standard, this change does not result in any changes in costs.

B. Regulatory Flexibility Act

    NHTSA has also considered the effects of this rulemaking action 
under the Regulatory Flexibility Act. Based upon the agency's 
evaluation, I certify that this rule will not have a significant 
economic impact on a substantial number of small entities. The 
rationale for this certification is that the amendments will not result 
in any cost increase or decrease for CNG container manufacturers. NHTSA 
is aware of approximately ten companies that manufacture CNG 
containers. Because each CNG container manufacturer is affiliated with 
a Fortune 500 or other large business, none of them would be considered 
a small business under the U.S. Small Business Administration's 
affiliation rule (13 CFR 121.401).

C. Executive Order 13132 (Federalism)

    The agency has analyzed this rulemaking in accordance with the 
principles and criteria contained in Executive Order 13132 and has 
determined that it does not have sufficient federalism implications to 
warrant consultation with State and local officials or the preparation 
of a federalism summary impact statement. The final rule has no 
substantial effects on the States, or on the current Federal-State 
relationship, or on the current distribution of power and 
responsibilities among the various local officials.

D. National Environmental Policy Act

    In accordance with the National Environmental Policy Act of 1969, 
NHTSA has considered the environmental impacts of this rule. The agency 
has determined that this rule will not have any adverse impact on the 
quality of the human environment.

E. Civil Justice Reform

    This rulemaking does not have any retroactive effect. Under 49 
U.S.C. 30103, whenever a Federal motor vehicle safety standard is in 
effect, a State may not adopt or maintain a safety standard applicable 
to the same aspect of performance which is not identical to the Federal 
standard, except to the extent that the State requirement imposes a 
higher level of performance and applies only to vehicles procured for 
the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial 
review of final rules establishing, amending or revoking Federal motor 
vehicle safety standards. That section does not require submission of a 
petition for reconsideration or other administrative proceedings before 
parties may file suit in court.

List of Subjects in 49 CFR Part 571

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

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

PART 571--[AMENDED]

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

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


    2. Section 571.304, is amended by revising S3 and S8.3 through 
S8.3.9 to read as follows:


Sec. 571.304  Standard No. 304, Compressed natural gas fuel container 
integrity

    S3. Application. This standard applies to each passenger car, 
multipurpose passenger vehicle, truck, and bus that uses CNG as a motor 
fuel and to each container designed to store CNG as motor fuel on-board 
any motor vehicle.
* * * * *
    S8.3  Bonfire test. The requirements of S7.3 shall be met under the 
conditions of S8.3.1 through S8.3.7.
    S8.3.1  Fill the CNG fuel container with compressed natural gas and 
test it at:
    (a) 100 percent of service pressure; and
    (b) 25 percent of service pressure.
    S8.3.2  Container positioning.
    (a) Position the CNG fuel container in accordance with paragraphs 
(b) and (c) of S8.3.2.
    (b) Position the CNG fuel container so that its longitudinal axis 
is horizontal and its bottom is 100 mm (4 inches) above the fire 
source.
    (c)(1) Position a CNG fuel container that is 1.65 meters (65 
inches) in length or less and is fitted with one pressure relief device 
so that the center of the container is over the center of the fire 
source.
    (2) Position a CNG fuel container that is greater than 1.65 meters 
(65 inches) in length and is fitted with one pressure relief device at 
one end of the container so that the center of the fire source is

[[Page 64627]]

0.825 meters (32.5 inches) from the other end of the container, 
measured horizontally along a line parallel to the longitudinal axis of 
the container.
    (3) Position a CNG fuel container that is fitted with pressure 
relief devices at more than one location along its length so that the 
portion of container over the center of the fire source is the portion 
midway between the two pressure relief devices that are separated by 
the greatest distance, measured horizontally along a line parallel to 
the longitudinal axis of the container.
    (4) Test a CNG fuel container that is greater than 1.65 meters (65 
inches) in length, is protected by thermal insulation, and does not 
have pressure relief devices, twice at 100 percent of service pressure. 
In one test, position the center of the container over the center of 
the fire source. In another test, position one end of the container so 
that the fire source is centered 0.825 meters (32.5 inches) from one 
end of the container, measured horizontally along a line parallel to 
the longitudinal axis of the container.
    S8.3.3  Number and placement of thermocouples. To monitor flame 
temperature, place three thermocouples so that they are suspended 25 mm 
(one inch) below the bottom of the CNG fuel container. Position 
thermocouples so that they are equally spaced over the length of the 
fire source or length of the container, whichever is shorter.
    S8.3.4  Shielding.
    (a) Use shielding to prevent the flame from directly contacting the 
CNG fuel container valves, fittings, or pressure relief devices.
    (b) To provide the shielding, use steel with 0.6 mm (.025 in) 
minimum nominal thickness.
    (c) Position the shielding so that it does not directly contact the 
CNG fuel container valves, fittings, or pressure relief devices.
    S8.3.5  Fire source. Use a uniform fire source that is 1.65 meters 
long (65 inches). Beginning five minutes after the fire is ignited, 
maintain an average flame temperature of not less than 430 degrees 
Celsius (800 degrees Fahrenheit) as determined by the average of the 
two thermocouples recording the highest temperatures over a 60 second 
interval:
[GRAPHIC] [TIFF OMITTED] TR30OC00.009

    If the pressure relief device releases before the end of the fifth 
minute after ignition, then the minimum temperature requirement does 
not apply.
    S8.3.6  Recording data. Record time, temperature, and pressure 
readings at 30 second intervals, beginning when the fire is ignited and 
continuing until the pressure release device releases.
    S8.3.7  Duration of exposure to fire source. The CNG fuel container 
is exposed to the fire source for 20 minutes after ignition or until 
the pressure release device releases, whichever period is shorter.
    S8.3.8  Number of tests per container. A single CNG fuel container 
is not subjected to more than one bonfire test.
    S8.3.9  Wind velocity. The average ambient wind velocity at the CNG 
fuel container during the period specified in S8.3.6 of this standard 
is not to exceed 2.24 meters/second (5 mph).
* * * * *

    Issued on: October 24, 2000.
Sue Bailey,
Administrator.
[FR Doc. 00-27723 Filed 10-27-00; 8:45 am]
BILLING CODE 4910-59-P