[Federal Register Volume 66, Number 233 (Tuesday, December 4, 2001)]
[Proposed Rules]
[Pages 63096-63126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28117]



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Part II





Department of Transportation





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Research and Special Programs Administration



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49 CFR Parts 107, 171, et al.



Hazardous Materials: Requirements for Cargo Tanks; Proposed Rule

  Federal Register / Vol. 66, No. 233 / Tuesday, December 4, 2001 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107, 171, 172, 173, 177, 178, and 180

[Docket No. RSPA-98-3554 (HM-213)]
RIN 2137-AC90


Hazardous Materials: Requirements for Cargo Tanks

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: RSPA is proposing a number of revisions to the Hazardous 
Materials Regulations to update and clarify the regulations on the 
construction and maintenance of cargo tank motor vehicles. This 
proposed rule also addresses three National Transportation Safety Board 
(NTSB) recommendations and several petitions for rulemaking. By 
updating and clarifying the regulations, addressing the NTSB 
recommendations, and responding to petitions for rulemaking, these 
revisions should increase the safety of cargo tanks transporting 
hazardous materials, provide greater flexibility in design and 
construction of cargo tanks, and reduce operating burdens for owners, 
operators, and manufacturers of cargo tank motor vehicles.

DATES: Comments must be received by February 4, 2002. To the extent 
possible, we will consider comments received after this date in making 
our decision on a final rule.

ADDRESSES: Address comments to the Dockets Management System, U.S. 
Department of Transportation, 400 Seventh Street, SW, Washington, D.C. 
20590-0001. Commenters should identify the docket number [RSPA-98-3554 
(HM-213)] and submit two copies. If you wish to receive confirmation of 
receipt of your written comments, include a self-addressed, stamped 
postcard. You may also submit comments to the docket electronically by 
accessing the Dockets Management System website at ``http://dms.dot.gov.'' Click on ``Help & Information'' to obtain instructions 
for filing the document electronically.
    The Dockets Management System is located on the Plaza level of the 
Nassif Building at the Department of Transportation at the above 
address. You may view public dockets between the hours of 9 a.m. and 5 
p.m. EST, Monday through Friday, except Federal holidays. Internet 
users may review all comments received by the U.S. Department of 
Transportation by accessing the Dockets Management System website at 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Johnsen, Office of 
Hazardous Materials Standards, RSPA, telephone (202) 366-8553; Mr. 
Philip Olson, Office of Hazardous Materials Technology, RSPA, telephone 
(202) 366-4545; or Mr. Danny Shelton, Office of Enforcement and Program 
Delivery, Hazardous Materials Division, Federal Motor Carrier Safety 
Administration (FMCSA), telephone (202) 366-6121.

SUPPLEMENTARY INFORMATION: All comments received before the close of 
business on the comment closing date will be considered and will be 
available for examination in the docket room indicated in the ADDRESSES 
section. Comments received after the comment closing date will be filed 
in the docket and will be considered to the extent practicable. In 
addition to late comments, RSPA will also continue to file, in the 
docket, relevant information that becomes available after the close of 
the comment period. Interested persons should periodically examine the 
docket for new material. Comments should include any relevant data or 
referenced factual information. In addition, RSPA asks that commenters 
provide justification for any suggested changes to this NPRM.

List of Topics

I. Background
II. Proposed Revisions Applicable to All Cargo Tanks
    A. Definitions
    B. Marking of Emergency Shutoff Devices
    C. Recertification to Original Specification
    D. Cargo Tank Qualification and Maintenance
III. Revisions Applicable to DOT 400-Series Cargo Tanks
    A. Structural Integrity Requirements
    B. Manhole Marking
    C. Road Clearance
    D. MAWP Specification Plate Marking
    E. Leak Testing Using EPA Method 27
    F. Weld Joints on DOT 407 Cargo Tanks
IV. Revisions Applicable to MC 331 and MC 338 Cargo Tanks
    A. Consistency With DOT 400-series Specification
    B. Remote Shutoffs
    C. Inlet and Outlet Fittings on MC 331 Cargo Tanks
    D. Internal Visual Inspections of Insulated Tanks
    E. Leakage Tests for Cargo Tanks in Anhydrous Ammonia Service
V. Petitions for Rulemaking and Other Recommendations
VI. Section-by-Section Review
VII. Rulemaking Analysis and Notices
    A. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    B. Executive Order 13132
    C. Executive Order 13175
    D. Regulatory Flexibility Act
    E. Paperwork Reduction Act
    F. Regulation Identifier Number (RIN)
    G. Unfunded Mandates Reform Act
    H. Environmental Assessment

I. Background

    On June 12, 1989, the Research and Special Programs Administration 
(RSPA; we) published a final rule in the Federal Register (Docket HM-
183, 183A; 54 FR 24982) that revised the Hazardous Materials 
Regulations (HMR; 49 CFR Parts 171 through 180) pertaining to cargo 
tank motor vehicles. We further revised the regulations each year from 
1990 through 1995 under dockets HM-183, HM-183A, and HM-183C. Several 
of these dockets made significant changes to the cargo tank regulations 
to improve safety; other revisions corrected mistakes and made minor 
changes. Dockets HM-183 and 183A established the DOT 400 series cargo 
tank specifications, as well as certification requirements for cargo 
tank manufacturers. Docket HM-183C contained a number of miscellaneous 
items that clarified and relaxed certain requirements for the 
manufacture, qualification, and maintenance of cargo tank motor 
vehicles.
    Under 49 CFR 1.73(d), the Federal Motor Carrier Safety 
Administration (FMCSA) is delegated authority to enforce the HMR, with 
particular emphasis on highway transportation, including regulations 
for construction and maintenance of cargo tank motor vehicles (CTMVs). 
FMCSA and RSPA work closely with the regulated industry through 
educational assistance activities and FMCSA's compliance and 
enforcement program. During these activities, we identified several 
areas in the current regulations that need updating or clarification. 
In addition, we received requests for clarification of the regulations 
and petitions for rulemaking. The National Transportation Safety Board 
(NTSB) has also made several safety recommendations concerning cargo 
tanks. In this NPRM, we are proposing revisions that would apply to all 
cargo tanks and revisions that would apply to certain specification 
cargo tanks or cargo tanks used to transport certain ladings.

II. Proposed Revisions Applicable to All Cargo Tanks

A. Definitions

    General. Under Docket HM-183, we adopted a number of definitions 
for DOT 400-series specification CTMVs. The definitions apply to all 
specification CTMVs used to transport

[[Page 63097]]

hazardous materials. Thus, in this NPRM we are proposing to combine the 
definitions currently in Sec. 178.345-1(c) with the definitions in 
Sec. 173.320(a) and make them applicable to all specification CTMVs.
    Minimum thickness. We propose to add in Sec. 178.320 a definition 
for ``minimum thickness'' to clarify how the minimum head and shell 
thickness for specification cargo tanks must be determined. The 
proposal defines ``minimum thickness'' to mean the least of: (1) The 
thickness required by the tables in the original specification; (2) the 
thickness required to satisfy the structural integrity and accident 
damage requirements; or (3) the thickness required to satisfy the 
requirements of the American Society of Mechanical Engineers (ASME) 
Code, if applicable. This proposal should eliminate confusion as to 
whether the minimum thickness tables in Sec. 180.407(i) are the 
governing factor in determining minimum thickness. It is possible that 
the minimum thickness value prescribed by the ASME Code or the 
structural integrity requirements may be greater than that required by 
the minimum thickness tables. For example, an MC 307 cargo tank was 
manufactured using 10-gauge (0.1345 inches) steel. Upon conducting a 
thickness test, an inspection/testing facility measured the thickness 
of the tank at 0.12 inches, which is lower than the 0.1345 inches 
specified in Table I of Sec. 180.407(i)(5) for 10-gauge steel. However, 
the MC 307 cargo tank was only required to be manufactured using 12-
gauge steel (0.1046 inches) as specified in Part 178. Therefore, the 
thickness of this tank is above the minimum thickness (0.1046 inches) 
prescribed for this cargo tank and the cargo tank is suitable for 
continued service.
    Maximum allowable working pressure. Currently, the HMR require a 
cargo tank's maximum allowable work pressure (MAWP) to be determined 
based on the lading that will be transported in the cargo tank or the 
maximum pressure in the tank during loading or unloading. The Truck 
Trailer Manufacturers Association (TTMA) submitted a petition for 
rulemaking (P-1272) suggesting that a cargo tank's MAWP should be 
dependent on the physical characteristics of the cargo tank rather than 
the lading carried in the cargo tank or the method of loading or 
unloading the cargo tank. In its petition, TTMA notes that a cargo tank 
manufacturer will not always know the characteristics of the lading 
that will be transported in the cargo tank and that a manufacturer will 
not always know the pressure at which the tank will be loaded or 
unloaded.
    In its petition, TTMA also asserts that the current regulations 
have resulted in confusion in the regulated industry as to whether the 
static head of lading should be included in the MAWP. TTMA notes that 
Sec. 178.345-1(k) defines MAWP as the largest of: (1) The pressure 
prescribed for the lading in part 173; (2) the vapor pressure of the 
most volatile lading at 115 deg.F plus the maximum static pressure 
exerted by the lading at the maximum lading density plus any pressure 
exerted by a gas padding; or (3) the maximum pressure in the cargo tank 
during loading or unloading. TTMA states that it is not clear if the 
static head is included in the lading pressure prescribed in Part 173 
or the loading/unloading pressure.
    We agree with TTMA that there should be no ambiguity in the HMR as 
to the meaning of MAWP. We also agree that the MAWP should be based on 
the cargo tank's physical characteristics, but we believe MAWP should 
also be linked to the requirements of Sec. 173.33 for use by shippers 
and carriers. The proper matching of the maximum lading pressure 
conditions defined in Sec. 173.33(c) with the MAWP of a cargo tank by 
shippers and carriers is critical to providing safety in cargo tank 
operations. The maximum lading pressure addresses many factors critical 
to matching a lading to a cargo tank MAWP, including the static head 
(pressure) generated by a specific lading or the maximum pressure in a 
tank during loading or unloading. For example, Sec. 173.33(c)(iv) 
requires the sum of the vapor pressure of the lading at 115 deg.F, plus 
the tank static head exerted by the lading, plus any pressure exerted 
by a gas padding, including air, in the tank to be less than or equal 
to the MAWP of the cargo tank. The pressure defined by this summation 
is the pressure exerted at the bottom of the tank. When a cargo tank is 
inverted in a rollover, this pressure is applied to the pressure relief 
devices installed on the cargo tank. Particularly for large diameter 
tanks and high-density ladings, this resultant pressure could be 
sufficient to open the cargo tank's pressure relief devices and drain 
the contents of the tank, even if the tank were undamaged. Thus, it is 
critical for shippers and carriers to determine that the MAWP of a 
cargo tank is greater than or equal to maximum lading pressure derived 
from the conditions specified in Sec. 173.33. Similarly, cargo tank 
manufacturers should be familiar with the requirements of Sec. 173.33 
in order to provide a cargo tank with an MAWP sufficient to meet the 
needs of shippers and carriers. To strengthen the linkage between 
Sec. 173.33 and cargo tank MAWP, we are proposing to revise the 
definition for MAWP to require the MAWP to be greater than or equal to 
the maximum lading pressure condition prescribed in Sec. 173.33 for 
each material.
    Corroded/abraded. Although it is used throughout Sec. 180.407, the 
term ``corroded or abraded'' is not currently defined in the HMR. As a 
result, there have been many different interpretations concerning the 
type and extent of corrosion or abrasion that requires thickness 
testing. Some cargo tank inspection and test facilities perform 
thickness tests on cargo tanks that do not require such a test; other 
facilities fail to test cargo tanks that should be thickness tested. 
External corrosion on cargo tanks is a common occurrence during winter 
in many geographical areas. Rocks and other debris can chip paint on 
cargo tanks, causing surface oxidation and rust. Road salt accelerates 
corrosion. The new definition specifies that ``corroded or abraded'' 
means a reduction in the material thickness of the cargo tank that is 
visible to the naked eye.
    Corrosive to the tank/valve. We also propose to revise the 
definition of ``corrosive to the tank/valve'' because of the many 
requests for clarification that we have received. The regulations 
require additional and more frequent inspections (internal inspection, 
thickness testing, upper coupler removal and inspection) for CTMVs 
transporting a lading that may adversely affect tanks or valves, 
causing leaks and other safety hazards. The current definition of 
``corrosive to the tank/valve'' includes those ladings that meet the 
corrosivity requirements in Sec. 173.136 for the material of 
construction of a cargo tank/valve (6.25 mm per year), and other lading 
where experience shows corrosion exists. The reference to Sec. 173.136 
(definition of a Class 8 material) in the current definition has caused 
confusion. We did not intend that lading designated as ``corrosive to 
the tank/valve'' would be limited to Class 8 materials or to materials 
that cause corrosion at a rate of 6.25 mm or more per year. Our intent 
was to include any lading, not just those classed as Class 8 materials, 
that corrodes a tank or valve.
    The proposed change to the definition of ``corrosive to the tank/
valve'' specifies that test data and experience must be used to 
determine if a specific lading is corrosive to the cargo tank wall or 
valve. The removal of the reference to Sec. 173.136 is intended to 
clarify that ``corrosive to the tank/valve'' is not limited to 
materials with a corrosion

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rate of 6.25 mm or more per year. Under this proposal, any test data or 
experience that indicates any amount of corrosion is sufficient to meet 
the definition. We welcome comments on any existing sources of 
corrosion data.

B. Marking of Emergency Shutoff Devices

    On May 12, 1993, in Rockville, Maryland, gasoline overflowed from 
an underground storage tank while it was being filled from an MC 306 
CTMV. The gasoline ignited, causing a fire that spread to an adjacent 
building. The first firefighters on the scene stopped the flow of 
gasoline by closing the gate valves in a manifold at the rear of the 
cargo tank. The first responders were unaware of the on-truck remotely 
actuated means for closing the cargo tank's internal valve. A hazardous 
materials officer arrived at the scene and activated the on-truck 
remote shutoff device; however, the inability of the first responders 
to locate the shutoff device resulted in a risk that could have been 
avoided. As a result of its investigation of this incident, the NTSB 
recommended that RSPA require existing and new cargo tank motor 
vehicles with on-truck remote control mechanisms for internal shutoff 
valves to be marked for emergency use on all cargo tanks authorized for 
the transportation of hazardous materials (NTSB # H-93-34).
    In response to this recommendation, we are proposing to amend the 
HMR to require all manually activated on-truck remote shutoff devices 
for closure of the internal valve to be marked ``Emergency Shutoff.'' 
The requirement would be effective two years after the publication date 
of a final rule.

C. Recertification to Original Specification

    There appears to be confusion in the regulated industry as to 
whether cargo tanks that have been modified for specialized or non-
hazardous materials service may be re-certified for hazardous materials 
service. In this NPRM, we propose to allow for the re-certification of 
a cargo tank to its original specification, provided specific 
requirements are met. These requirements include documentation to 
verify that the cargo tank was originally manufactured to a DOT 
specification, verification by a Registered Inspector that the cargo 
tank is in compliance with the requirements of the specification, and 
certification that the cargo tank successfully passed all required 
tests and inspections. In addition, any repairs performed on MC 306, MC 
307, or MC 312 cargo tanks after June 30, 1992, will have to have been 
performed in accordance with requirements in Sec. 180.413.
    An example of a cargo tank that may be recertified to its original 
specification is an MC 306 cargo tank where its internal self-closing 
stop valve was removed so that the tank could be used to transport 
asphalt. As proposed in this NPRM, the cargo tank may be re-certified 
to its original specification provided an internal shutoff valve is 
reinstalled, the CTMV meets all other requirements of the 
specification, and the cargo tank motor vehicle has successfully passed 
the inspections and tests required in Sec. 180.407(c).

D. Cargo Tank Qualification and Maintenance

    We are proposing a number of clarifications to the requirements in 
Part 180 for cargo tank qualification and maintenance to eliminate 
confusion. For example, we are proposing to clarify the tests and 
inspections that must be performed when a cargo tank shows evidence of 
dents, corroded or abraded areas, or leakage; has sustained damage to 
an extent that may adversely affect its lading retention capability; or 
has any other condition that could render it unsafe for the 
transportation of hazardous materials.
    In addition, consistent with an NTSB recommendation (H-95-14), we 
are proposing to require thickness testing of ring stiffeners and 
appurtenances on cargo tanks that are constructed of mild steel, high-
strength, low-alloy steel, or aluminum, when the ring stiffeners and 
appurtenances are installed in a manner that precludes an external 
visual inspection. NTSB investigated two catastrophic cargo tank 
failures, one that occurred on March 9, 1983, in Beaumont, Texas, and 
the other on January 6, 1994, in Deltona, Florida. As a result of its 
investigations, NTSB determined that thickness testing of the cargo 
tanks' ring stiffeners might have detected the corrosion that caused 
the failures.
    Further, we are proposing to clarify the HMR requirements for 
repair, modification, stretching, or rebarrelling of cargo tanks. 
Currently, facilities are allowed to repair, modify, stretch, or 
rebarrel a non-ASME Code stamped cargo tank provided the facility has 
an ASME Certificate of Authorization for use of the ``U'' stamp. Full 
compliance with the National Board Inspection Code (NBIC) is not 
currently required when working on non-ASME Code stamped cargo tanks if 
the facility has a ``U'' stamp.
    In this NPRM, we are proposing to require facilities to perform 
repairs, modifications, stretching, or rebarrelling of cargo tanks in 
conformance with the NBIC. Prior to 1995, the NBIC was only applicable 
to tanks with an MAWP of 15 psig or greater. However, in 1995 the 
applicability of the NBIC was extended to all pressure vessels. While 
the ASME Code is applicable to new construction only, the NBIC sets 
forth procedures for repairing or modifying pressure vessels. Adopting 
the NBIC requirements in the HMR for all cargo tank repairs, 
modifications, stretching, and rebarrelling will provide clarity, 
consistency, and a greater level of safety. However, we are not 
proposing to adopt NBIC requirements for certification by an Authorized 
Inspector, completion of the R-1 form, and stamping tanks with the 
``R'' stamp for non-ASME cargo tanks at this time due to cost 
considerations and concern about the availability of Authorized 
Inspectors.
    Because persons have suffered severe injuries or died while 
performing repairs to cargo tanks that were not properly cleaned and 
purged, we are also proposing to clarify and emphasize that the entire 
CTMV, including void spaces, piping, and vapor recovery systems, be 
cleaned and purged before doing repairs, modifications, stretchings, 
rebarrellings, or mountings that involve welding on cargo tanks that 
transport toxic or flammable lading. We also propose to clarify that 
modification, stretching, or rebarrelling must be inspected and 
certified by a Design Certifying Engineer (DCE). The current 
requirement for a DCE to approve modifications has caused confusion 
about the level of participation required from the DCE. In addition, we 
propose to revise specification plate requirements to reflect the 
modification, stretching, or rebarrelling of a cargo tank. We are 
proposing to require a supplemental specification plate to be installed 
adjacent to the original specification plate. Changes to the original 
specification plate would not be allowed. This proposal addresses 
TTMA's petition (P-1388) requesting that we require a supplemental 
plate for changes. However, we are not proposing to adopt TTMA's 
request to allow the original cargo tank manufacturer to replace the 
original specification plate if the cargo tank is altered. We believe 
that the information on the original specification plate should be 
permanent and not altered, even if the work is done by the original 
manufacturer.

III. Revisions Applicable to DOT 400-Series Cargo Tanks

    We are proposing several revisions to the specifications applicable 
to the DOT

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400-series cargo tanks. These proposals include revisions to: (1) 
Structural integrity requirements; (2) manhole marking requirements; 
(3) road clearance allowances; (4) bottom accident protection; (5) 
specification plate marking; (6) leak testing alternatives; and (7) 
weld joints. In addition to these changes, which are described below, 
we are also proposing revisions to the DOT 400-series specifications to 
make the requirements easier to understand and follow.

A. Structural Integrity Requirements

    The HMR currently do not include structural support members in the 
structural integrity requirements for lightweight attachments welded to 
DOT 400-series CTMVs. In this NPRM, we are proposing to correct this 
omission by adding structural support members to the list of 
attachments to which the structural integrity requirements apply for 
new construction of DOT-400 series CTMVs.

B. Manhole Marking

    Currently, the HMR require manhole covers to be permanently marked 
with the manufacturer's name, the test pressure, and a certification 
that the manhole cover meets HMR requirements. This marking enables 
cargo tank owners, Registered Inspectors, and enforcement personnel to 
verify that the manhole conforms to applicable regulatory requirements. 
In this NPRM, we are proposing to specify that manhole assemblies be 
marked on the outside, where they can be seen without opening the 
manhole cover or fill opening, thereby enabling persons to see the 
marking without being exposed to hazardous materials inside the cargo 
tank. We are proposing that this requirement become effective one year 
after the effective date of a final rule. The revised marking 
requirements would apply to newly manufactured cargo tanks and cargo 
tanks that have their manhole assemblies replaced.

C. Road Clearance

    The current HMR requirement for minimum allowable road clearance 
for DOT 400-series CTMV components or protection devices located 
between two adjacent axles is at least one-half inch for each foot 
separating the axles and in no case less than 12 inches. In a petition 
for rulemaking (P-1325), TTMA requests that we lower the minimum road 
clearance requirement to permit greater flexibility in the design of 
landing gear, tire carriers, cabinets, and other components near axles. 
TTMA suggests that such a revision would permit lowering the center of 
gravity for some CTMVs, which would improve dynamic stability. TTMA 
states that it is aware of no situations in which a landing gear 
failure has punctured a cargo tank.
    We agree with TTMA that reducing the center of gravity for CTMVs 
would be beneficial. Thus, in this NPRM, we are proposing to revise the 
requirements for minimum road clearance for landing gear within 10 feet 
of an axle to be no less than 10 inches. We propose to maintain the 
current clearance requirements for the middle area between axles. The 
proposed revision would allow landing gear to be lowered by two inches, 
but would not compromise clearances in the area of a CTMV most 
vulnerable to contact with the ground--that is, the area midway between 
a tractor's rear axle and the CTMV rear suspension.

D. MAWP Specification Plate Marking

    Current regulations for DOT 406, DOT 407, and DOT 412 cargo tanks 
require the maximum loading and unloading pressure to be marked on the 
cargo tank's specification plate. In a petition for rulemaking (P-
1212), TTMA asks us to eliminate this marking requirement. TTMA notes 
that the volume change of liquids transported in DOT 406, DOT 407, and 
DOT 412 cargo tanks is small and that the maximum loading and unloading 
rate is calculated in the design of the cargo tank and identified on 
the specification plate. We agree that the maximum loading and 
unloading pressure marking is unnecessary because the maximum loading/
unloading pressure is reflected in the MAWP. Therefore we are proposing 
to eliminate it. However, in no situation can the actual pressure in 
the tank exceed the MAWP.

E. Leak Testing Using EPA Method 27

    Currently, the HMR permit cargo tanks equipped with vapor 
collection equipment to be leak tested in accordance with the 
Environmental Protection Agency (EPA) ``Method 27--Determination of 
Vapor Tightness of Gasoline Delivery Tank Using Pressure-Vacuum Test'' 
as set forth in Appendix A to 40 CFR part 60. We propose to clarify the 
parameters for testing cargo tanks that are used to transport petroleum 
distillate fuels and are equipped with vapor recovery equipment. EPA 
regulations at 40 CFR 63.425(e) require cargo tanks equipped with vapor 
collection systems that are used to transport petroleum distillate 
fuels to pass an annual certification test for vapor tightness. This 
annual certification test includes both the Method 27 test for vapor 
tightness of a cargo tank and a pressure test of the tank's internal 
vapor valve. The revision proposed in this NPRM specifies that cargo 
tanks equipped with vapor collection equipment that are used to 
transport petroleum distillate fuels may be tested in accordance with 
40 CFR 63.425(e) instead of the annual leakage test required under 
Sec. 180.407 of the HMR. In addition, we are proposing that, if the EPA 
annual certification test in 40 CFR 63.425(e) is used to satisfy the 
annual leak test requirement, the Method 27 test must be conducted 
using air. Performing the test using liquid, an alternative allowed by 
EPA, may mask leakage below the liquid level at the pressure level 
specified for the test. The EPA Method 27 air test should detect even 
small leaks in a cargo tank. Therefore, we propose to prohibit use of 
alternative procedures in section 6 of Method 27 that allow the use of 
water.
    We are also proposing a special marking to designate cargo tanks 
that have been tested in conformance with EPA's annual certification 
test for cargo tanks equipped with vapor recovery equipment and used to 
transport petroleum distillate fuels. The proposed marking is ``K-
EPA27.'' The marking would replace the ``K'' marking on a cargo tank if 
the EPA vapor tightness test methods and procedures as set forth in 40 
CFR 63.425(e) are used in place of the leak test. If a cargo tank is 
tested using both the leak test specified in the HMR and the vapor 
tightness tests specified in the EPA regulations, it would be marked 
with both ``K'' and ``K-EPA27''. This proposal establishes a national, 
uniform marking requirement for cargo tanks tested for vapor tightness 
in accordance with EPA regulations instead of, or in addition to, the 
leak test procedures specified in the HMR. This new marking would be 
applied to cargo tanks that are tested for vapor tightness under EPA 
procedures beginning one year after the effective date of the final 
rule.

F. Weld Joints on DOT 407 Cargo Tanks

    In a petition (P-1333), TTMA requests that we adopt a weld joint 
efficiency of 0.85 for head seams in bulkheads on DOT 407 cargo tanks. 
Based on review of the TTMA petition and additional information, we are 
proposing in this NPRM that the strength of a weld seam in a bulkhead 
without radiographic examination of the weld must be 0.85 of the 
strength of the bulkhead. The welded seam must be a full penetration 
butt weld, no more than one seam may be used per bulkhead, and the 
welded seam must be completed before forming the dish radius and 
knuckle radius.

[[Page 63100]]

    In its petition, TTMA also requested that we permit spot 
radiographic examination of weld joints every six months as an 
alternative to the periodic test. We do not agree with TTMA. Instead, 
we are proposing that two test specimens of the same material and 
thickness and joined by the same welding procedure as those to be used 
in manufacturing the bulkhead must be tested to failure in tension. The 
ratio of the actual tensile stress to the actual tensile strength of 
the adjacent material of both samples must be greater than 0.85. The 
test specimens may represent all the tanks that are manufactured in the 
same facility within six months after the tests are completed.

IV. Revisions Applicable to MC 331 and MC 338 Cargo Tanks

    We are proposing several revisions to the HMR specifications 
applicable to MC 331 and MC 338 cargo tanks. The proposals include: (1) 
Revisions to make the specifications consistent with the DOT 400-series 
cargo tank specification requirements; (2) retrofit requirements for 
cargo tanks not currently equipped with remote shutoff devices; (3) a 
new requirement for thermal activation devices on MC 338 CTMVs; (4) 
revisions to the internal inspection requirements; and (5) revisions to 
leakage test requirements for cargo tanks in anhydrous ammonia service. 
In addition to these changes, which are described below, we are also 
proposing revisions to the MC 331 and MC 338 specifications to make the 
requirements easier to understand and follow.

A. Consistency With DOT 400-Series Specification

    We are proposing a number of changes to the MC 331 and MC 338 
specifications to make them consistent with specifications applicable 
to DOT 400-series CTMVs. The DOT 400-series cargo tank specifications 
are more contemporary regulations that reflect current industry 
practices. In addition, the DOT 400-series specifications are 
performance standards, and, thus, provide greater flexibility to cargo 
tank designers and manufacturers to meet the DOT requirements. As 
proposed in this NPRM, we are not imposing additional requirements for 
MC 331 and MC 338 CTMVs; rather we are increasing flexibility in 
meeting the requirements by proposing performance standards and 
additional alternatives.
    Under Docket HM-183C (60 FR 17398), we modified the structural 
integrity requirements for MC 331 and MC 338 CTMVs to conform with the 
DOT 400-series specification requirements. At that time, however, the 
related requirements for attachments were not changed. Thus, we propose 
to make requirements for the design, construction, and installation of 
attachments, appurtenances, structural support members, or accident 
protection devices on MC 331 and MC 338 CTMVs consistent with the 
requirements for DOT 400-series CTMVs. Similarly, we are proposing to 
revise long-standing requirements for rear-end protection devices on MC 
331 and MC 338 CTMVs to authorize the DOT 400-series rear-end 
protection provisions as an alternative to the current requirements for 
both MC 331 and MC 338 CTMVs.
    We are also proposing changes to the MC 331 and MC 338 
specifications for cargo tank support and anchoring for consistency 
with the DOT 400-series requirements. When the structural integrity 
requirements for the MC 331 and MC 338 CTMVs were modified under HM-
183, the closely related requirements for support and anchoring were 
not changed. This was an inadvertent error that we now propose to 
correct. This would apply to newly constructed MC 331 and MC 338 CTMVs.
    We propose to require essential information marked on MC 331 and MC 
338 CTMV metal specification plates to be consistent with requirements 
for DOT 400-series CTMVs. Thus, in addition to the information already 
required, the specification plate would be marked with the cargo tank 
test pressure; the CTMV certification date if different from the cargo 
tank certification date; the cargo tank certification date; the shell 
material specification number; the head material specification number; 
the maximum design density of lading; the weld material; the minimum 
thickness of the cargo tank shell; tank maximum allowable working 
pressure; cargo tank design temperature; cargo tank manufacturer; cargo 
tank manufacture date; maximum weight of lading; minimum thickness--
head; and exposed surface area. The requirement for Vehicle 
manufacturer's serial number would be removed. MC 331 cargo tanks would 
be required to add the information concerning linings and heating 
systems while MC 338 cargo tanks would be required to include 
information specific to this series. This requirement would apply to 
new construction and changes on these CTMVs.
    In addition, for MC 331 CTMVs, we propose to require certificates 
for a CTMV that is manufactured in two or more stages. Each 
manufacturer who performs a manufacturing function on the incomplete 
CTMV must provide the succeeding manufacturer with a certificate that 
states the function that was performed and must also provide 
certificates received from previous manufacturers, Registered 
Inspectors, and Design Certifying Engineers. Further, we propose to 
clarify the roles of the original manufacturer of a cargo tank and the 
assembler of a CTMV in documenting on the certificate those areas of 
the specification that are not met or specification shortages, 
including valves, piping, fittings, and the like. The person who 
installs the components that bring the tank into full compliance with 
the specification would be required to stamp the certification date on 
the specification plate and issue a Certificate of Compliance.

B. Remote Shutoffs

    On December 28, 1988, in Ashland, Virginia, a pipe fitting on an MC 
331 cargo tank transporting sulfur dioxide failed during a delivery 
operation. The driver of the CTMV suffered a fatal injury while 
attempting to close the cargo tank's internal valve. The CTMV was not 
equipped with a remote mechanical means to close the internal valve. As 
a result of its investigation, NTSB recommended that RSPA require MC 
330, MC 331, and MC 338 CTMVs to be equipped with on-truck remote 
mechanical means to close the internal valve (NTSB # H-90-91).
    In a final rule published November 3, 1994 (HM-183C; 50 FR 55162), 
we adopted a requirement for MC 331 and MC 338 CTMVs constructed after 
January 1, 1995, to be equipped with on-truck remote shutoff devices. 
For CTMVs constructed prior to January 1, 1995, we required each MC 330 
and MC 331 CTMV used to transport flammable gas; flammable liquid; 
hydrogen chloride, refrigerated liquid; or anhydrous ammonia, and each 
MC 338 CTMV used to transport flammable ladings to be retrofitted with 
an on-truck remote shutoff device.
    In this NPRM, we are proposing to require all MC 330, MC 331, and 
MC 338 CTMVs to be retrofitted with an on-truck remote mechanical 
shutoff device that meets the requirements for the applicable 
specification. The retrofit must be accomplished within three years 
from the effective date of a final rule. Under this proposal, CTMVs 
used to transport only argon, carbon dioxide, helium, krypton, neon, 
nitrogen, or xenon are excepted from the requirement for on-truck 
remote shutoffs.
    We are also proposing to require MC 338 CTMVs to be equipped with a 
means of thermal activation for closing the internal self-closing stop 
valve. On

[[Page 63101]]

June 4, 1998 (63 FR 30572), RSPA established a negotiated rulemaking 
committee under Docket RSPA-97-2718 (HM 225A). During the negotiated 
rulemaking process, the committee 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 closing 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. Consistent with the 
committee's recommendation, we are proposing that internal self-closing 
stop valves be equipped with a means of thermal activation on all MC 
338 cargo tanks. This requirement would not apply to tanks transporting 
only argon, carbon dioxide, helium, krypton, neon, nitrogen, or xenon.

C. Inlet and Outlet Fittings on MC 331 Cargo Tanks

    Currently, Sec. 178.337-9 of the HMR requires the use of malleable 
metals for the construction of valves and fittings on MC 331 cargo 
tanks. The National Propane Gas Association (NPGA) petitioned for a 
change to Sec. 178.337-9 to require liquid filling and vapor 
equalization fittings on MC 331 cargo tanks to be constructed of 
malleable steel or ductile iron only (P-0935). In its petition, NPGA 
stated that this change would help to prevent the occurrence of piping 
failures when fittings made of soft metals, such as brass or copper, 
are struck by an outside force. We agree. Accordingly, we are proposing 
to require new or replacement primary valves and fittings used in 
liquid filling or vapor equalization on MC 331 cargo tanks to be 
constructed of malleable steel or ductile iron. This proposal is 
consistent with the National Fire Protection Association (NFPA) 
Standard 58 and is currently the standard industry practice.

D. Internal Visual Inspections of Insulated Tanks

    Currently, the HMR provide an exception for insulated MC 330 and MC 
331 cargo tanks from the requirement to undergo an internal visual 
inspection in conjunction with the annual external visual inspection. 
The exception was included in the HMR to facilitate inspection of 
insulated MC 330 and MC 331 cargo tanks that did not have manholes or 
inspection openings, making it impossible to enter the cargo tank to 
perform an internal visual inspection. Because insulation precludes a 
visual inspection of the exterior of the cargo tank, and there is no 
means to inspect the interior of the tank, it was decided that the only 
way to verify the structural integrity of the cargo tank was to subject 
it to a hydrostatic or pneumatic pressure test at one-year intervals.
    The exception applies to insulated MC 330 and MC 331 cargo tanks, 
irrespective of whether the cargo tank is equipped with a manhole or 
inspection opening. However, many of these cargo tanks are, in fact, 
equipped with manholes or inspection openings. We believe that 
operators should be permitted the option of verifying the structural 
integrity of these cargo tanks with an internal visual inspection 
rather than a more costly pressure test. Therefore, we are proposing to 
permit the owner of an insulated cargo tank that is equipped with 
manholes or inspection openings to perform either an internal visual 
inspection in conjunction with the external visual inspection or a 
hydrostatic or pneumatic pressure-test of the cargo tank. As 
appropriate, these tanks would continue to be required to undergo a 
complete internal visual inspection and pressure test at the intervals 
specified in Sec. 180.407(c).

E. Leakage Tests for Cargo Tanks in Anhydrous Ammonia Service

    The HMR currently require cargo tanks to be leak tested at no less 
than 80 percent of the tank design pressure or MAWP. The regulations 
include an exception for MC 330 and MC 331 cargo tanks in liquefied 
petroleum gas (LPG) service that permits them to be leakage tested at 
not less than 414 kPa (60 psig). This exception was adopted (Docket HM-
183, 183A; 56 FR 27872; June 17, 1991) because normal operating 
pressure for cargo tanks in LPG service varies with ambient 
temperature; thus, a cargo tank in LPG service would have to be leakage 
tested under conditions simulating the highest ambient temperature to 
which it will be subjected to assure that it is not operated at 
pressures exceeding leakage test pressure.
    The Fertilizer Institute (TFI) filed a petition (P-1255) requesting 
that we allow anhydrous ammonia cargo tanks to be included in this 
exception. TFI states that, because changes in ambient temperatures 
result in substantial changes in the normal operating pressure for 
cargo tanks in anhydrous ammonia service, a cargo tank in anhydrous 
ammonia service would need to be leakage tested on the hottest day of 
each year to ensure that it is not operated at pressures exceeding the 
leakage test pressure. TFI stated that this causes ``extreme hardship'' 
for companies transporting anhydrous ammonia in cargo tanks. TFI 
further stated that anhydrous ammonia is a compressed gas with 
properties that are similar to those of LPG.
    RSPA recognized the difficulty described by TFI and, on August 23, 
1996, granted an exemption, DOT E-11551, to allow cargo tanks in 
anhydrous ammonia service to be leakage tested at a lower pressure. 
However, due to differences in the vapor pressures of LPG and anhydrous 
ammonia, the exemption permits leakage testing of cargo tanks in 
dedicated anhydrous ammonia service at not less than 483 kPa (70 psig), 
rather than 414 kPa (60 psig) as is currently permitted for LPG. We are 
proposing to incorporate the provisions of DOT E-11551 into the HMR.
    In its petition for rulemaking, TFI also requests that we amend the 
HMR to decrease the frequency of leakage testing to every two years, 
instead of annually, for cargo tanks in dedicated anhydrous ammonia 
service. TFI correctly observes that cargo tanks in chlorine service 
are only required to be leakage tested every two years and that one 
reason given by RSPA for extending this retest period to two years was 
that chlorine emits an odor that permits easy detection of a leak. TFI 
notes that anhydrous ammonia also has an easily detectable odor. 
However, the primary reason for a two-year leak test interval for cargo 
tanks in chlorine service is that these tanks are subjected to very 
stringent construction standards. The detectability of leakage due to 
an odor was a minor consideration. Therefore, RSPA is not proposing to 
adopt this portion of the TFI petition.

V. Petitions for Rulemaking and Other Recommendations

    We have a number of petitions for rulemaking requesting changes to 
the CTMV requirements. Most of the requested changes are proposed in 
this NPRM. A brief summary of these petitions follows:

------------------------------------------------------------------------
              P-Number                  Section           Request
------------------------------------------------------------------------
0935...............................     178.337-9  Require liquid
                                                    filling and vapor
                                                    equalization
                                                    fittings on MC 331
                                                    cargo tanks be made
                                                    of malleable steel
                                                    or ductile iron
                                                    only. Filed by NPGA.
                                                    RSPA agrees.

[[Page 63102]]

 
1199...............................       180.407  Allow an external
                                                    heating system on a
                                                    CTMV to be pressure
                                                    tested at its MAWP.
                                                    Filed by NTTC. RSPA
                                                    agrees.
1212...............................    178.345-17  Remove requirement to
                                                    mark the maximum
                                                    loading and
                                                    unloading pressures
                                                    on a cargo tank's
                                                    specification plate.
                                                    Filed by TTMA. RSPA
                                                    agrees.
1255...............................       180.407  Extend frequency of
                                                    leakage test for MC
                                                    330 and MC 331 CTMVs
                                                    in anhydrous ammonia
                                                    service from one to
                                                    two years. Filed by
                                                    TFI. RSPA partially
                                                    agrees.
1262...............................       180.407  Allow testing of
                                                    heating systems on
                                                    CTMV at the heating
                                                    system design
                                                    pressure instead of
                                                    1.5 times the
                                                    heating systems
                                                    design pressure.
                                                    Filed by TTMA. RSPA
                                                    agrees.
1272...............................       178.320  Revise definition of
                                                    ``MAWP''. Filed by
                                                    TTMA. RSPA partially
                                                    disagrees.
1292...............................       180.407  Allow pressure and
                                                    leakage test to be
                                                    performed by a
                                                    manufacturer or
                                                    repairer. Filed by
                                                    TTMA. RSPA agrees.
1300...............................       180.407  Revise minimum
                                                    thickness
                                                    requirements for MC
                                                    300 series CTMVs.
                                                    Filed by TTMA. RSPA
                                                    agrees.
1322...............................       180.413  Clarify requirements
                                                    for certification of
                                                    cargo tank mounting
                                                    by a DCE and
                                                    supervision of the
                                                    mounting by a
                                                    Registered
                                                    Inspector. Filed by
                                                    TTMA. RSPA agrees.
1325...............................     178.345-8  Revise minimum road
                                                    clearance
                                                    requirements for DOT
                                                    400-series CTMVs.
                                                    Filed by TTMA. RSPA
                                                    agrees.
1333...............................     178.347-1  Allow weld seam joint
                                                    efficiency of 0.85
                                                    for head seams in
                                                    bulkheads on DOT 407
                                                    CTMVs . Filed by
                                                    TTMA. RSPA agrees.
1343...............................       180.415  Require the
                                                    requalification date
                                                    marking on a CTMV to
                                                    be the date the test
                                                    or inspection
                                                    expires instead of
                                                    the date the test or
                                                    inspection was last
                                                    performed. Filed by
                                                    NTTC. RSPA agrees.
1388...............................       180.413  Require attachment of
                                                    a supplemental
                                                    specification plate
                                                    that reflects
                                                    changes during
                                                    modification,
                                                    stretching or
                                                    rebarreling of a
                                                    CTMV. Filed by TTMA.
                                                    RSPA partially
                                                    agrees.
1410...............................         171.1  Incorporate by
                                                    reference latest
                                                    editions of certain
                                                    TTMA industry
                                                    documents. Filed by
                                                    TTMA. RSPA agrees.
------------------------------------------------------------------------

National Transportation Safety Board (NTSB) Recommendations

H-90-91  Require controls for internal shut-off valves for the 
discharge system to be installed at remote locations on all newly 
constructed and currently authorized DOT specification cargo tanks that 
are used for the transportation of any HM. See Sec. 180.405.
H-93-94  Require remote control mechanisms for internal shutoff valves 
to be marked for emergency use on all cargo tanks authorized for the 
transportation of HM. See Sec. 172.328.
H-95-14  Revise inspection/testing requirements for all cargo tanks 
constructed of mild and high-strength, low-alloy steel that are used to 
transport HM to require at least once each year or immediately when 
visual inspections indicate corrosion, measurement of the thickness of 
appurtenances (including ring stiffeners) that form air cavities 
adjacent to external cargo tank sheet material when the cargo tank 
sheet material cannot be visually inspected. If the thickness of the 
appurtenance material has corroded to a predetermined percentage of its 
manufactured thickness, require that access to the tank sheet material 
within the air cavity be made and that the thickness of the tank sheet 
material to be measured. See Sec. 180.407.

VI. Section-by-Section Review

Part 107

    We propose to revise the title of Subpart F to clarify that the 
registration requirements apply to cargo tank facilities that test, 
inspect, and repair cargo tanks, and to manufacturers, assemblers, and 
Design Certifying Engineers.
    Section 107.502. We propose to revise the definition of 
``assembly'' to include the installation of linings or coatings to the 
inside wall of a cargo tank wall and the installation of equipment or 
components during the manufacturing process that are necessary to 
conform to the specification requirements. This proposal is meant to 
clarify that the term ``assembler'' is not limited to a person who 
mounts cargo tanks on motor vehicle suspension parts, but also includes 
a person who installs equipment or components during the manufacturing 
process.
    Section 107.503. We propose to require information on the 
registration statement for cargo tank manufacturing, assembling, and 
repair facilities to indicate whether a facility is conducting tests 
and inspections at a location other than the address listed in the 
registration form. The purpose of this proposal is to identify 
registered facilities that are using mobile inspection/testing 
equipment.

Part 171

    Section 171.7. We propose to revise this section to incorporate the 
June 1, 1998 edition of Truck Trailer Manufacturers Association (TTMA) 
RP No. 61-98 ``Performance of Manhole and/or Fill Opening Assemblies on 
MC 306, DOT 406, Non-ASME MC 312 and Non-ASME DOT 412 Cargo Tanks;'' 
the July 1, 1997 edition of TTMA RP No. 81-97 ``Performance of Spring 
Loaded Pressure Relief Valves on MC 306, MC 307, MC 312, DOT 406, DOT 
407, and DOT 412 Tanks;'' and the June 1, 1998 edition of TTMA TB No. 
107, ``Procedure for Testing In-Service Unmarked, and/or Uncertified MC 
306 and Non-ASME MC 312 Type Cargo Tank Manhole Covers.'' This proposal 
responds to a petition from TTMA (P-1410). In addition, we are 
proposing to incorporate by reference the American Petroleum Institute 
Recommended Practice 1604 ``Closure of Underground Petroleum Storage 
Tanks,'' Third Edition, dated March 1996.
    Section 171.8. We propose to revise the definitions of ``Design 
Certifying Engineer (DCE)'' and ``Registered Inspector (RI)'' to permit 
an individual who does not meet the educational requirements in the 
definitions to be recognized as a DCE or RI if the person was 
performing those functions for three years prior to September 1, 1991, 
and meets all other qualifications. In addition, we are proposing to 
eliminate a requirement for an individual to have registered with the 
DOT before December 31, 1995. The regulations currently permit an 
individual who does not meet the educational requirements to be 
recognized as a DCE or RI if the individual had at least three years of 
experience in performing the function of a DCE or RI, prior to 
September 1, 1991, and if the individual

[[Page 63103]]

registered with the Department before December 31, 1995.
    We are also proposing to change the definition of ``Cargo tank'' to 
include intermediate bulk containers (IBCs) in the list of 
specifications under which cargo tanks are not manufactured. In 
addition, we propose to revise the definition of ``Maximum Allowable 
Working Pressure'' to include a new section reference.

Part 172

    Section 172.101. We propose to modify the Hazardous Materials Table 
by adding a new Special Provision 144 in Column (7) for the following 
proper shipping names: Diesel fuel; Fuel, aviation, turbine engine; 
Fuel oil (no. 1, 2, 4, 5, or 6); Gas oil or Diesel fuel or Heating oil, 
light; Gasohol; Gasoline; Hydrocarbons, liquid, n.o.s.; Kerosene; 
Petroleum crude oil; Petroleum distillates, n.o.s. or Petroleum 
products, n.o.s; and Petroleum oil. Special Provision 139 clarifies 
that underground storage tanks (USTs) may be shipped as unregulated 
materials if they meet the definition of ``empty'' in Sec. 173.29 or if 
they are cleaned, purged, or made inert in accordance with the American 
Petroleum Institute Standard 1604 for USTs.
    Section 172.102. We propose to revise paragraph (c)(1) to add 
Special Provision 144 concerning the transportation of empty USTs, as 
detailed above.
    Section 172.328. We are proposing to add a new paragraph (d) to 
require all manually activated on-vehicle remote shutoff devices for 
closure of a cargo tank's internal shutoff valve to be marked 
``Emergency Shutoff.'' This requirement would become effective two 
years after the effective date of a final rule published in the Federal 
Register.

Part 173

    Section 173.33. We propose to re-designate the minimum design 
requirements for cargo tanks used to transport Packing Group I and II 
liquid ladings in current paragraph (g) as new paragraph (c)(6) and to 
redesignate paragraph (h) as paragraph (g). Paragraph headings would be 
added for paragraphs (f) and (g).
    Section 173.150. We propose to remove the references to 
Secs. 173.21, 173.24, 173.24a, and173.24b in paragraph (f)(3)(viii). 
Current paragraph (f)(3)(vii) requires compliance with Subpart B of 
part 173, so these references are redundant.
    We also propose to revise paragraph (f)(3) by adding a new 
paragraph (ix) to clarify that hazardous materials (HM) training 
requirements apply to persons involved with the transportation of a 
combustible liquid in a bulk package or a combustible liquid that is 
also a hazardous substance, a hazardous waste, or a marine pollutant. 
In 1992, RSPA reviewed the costs and safety benefits of the training 
requirement (Docket HM-126F; 57 FR 20952) and found HM training to be 
justified. However, the training requirement was inadvertently omitted 
from this section.

Part 177

    Section 177.834. We propose to revise paragraph (j) of this section 
to specify that all manhole closures must be closed and secured on 
cargo tanks containing hazardous materials or residues of hazardous 
materials. Cargo tanks that are cleaned and purged may have open 
manhole closures.

Part 178

    Section 178.320. We are proposing to revise paragraph (a) to add 
definitions applicable to cargo tanks that are currently in 
Sec. 178.345-1(c). In addition, we propose to revise and move the 
definition of maximum allowable working pressure (MAWP) from 
Sec. 178.345-1(k) to paragraph (a). Finally, we are proposing to 
replace the term ``stop-valve'' with ``stop valve'' in paragraph (a) 
each place it appears.
    We propose to revise paragraph (b) to state specifically that 
accident damage protection devices must be certified by a DCE. FMCSA 
has found that there is a misunderstanding among assemblers installing 
cargo tanks onto a motor vehicle chassis as to whether the rear-end 
protection devices must be certified by a DCE. Because rear-end 
protection devices are required by the specification to meet specific 
structural integrity requirements, the design of these devices must be 
certified by a DCE.
    In addition, paragraph (d) would be added to clarify that ``minimum 
thickness'' is the greatest of: (1) The value specified in the special 
provisions of the Hazardous Materials Table; (2) the value calculated 
or specified in the applicable section; or (3) the value specified in 
the tables in Sec. 180.407.
    Section 178.337-3. We propose to revise paragraph (g) to add 
structural support members to the list of attachments to which this 
paragraph applies. In addition, the proposed revision: (1) Groups all 
requirements for mounting pads in Sec. 178.337-3(g)(2); (2) deletes an 
unnecessary requirement that mounting pads be the same material as the 
cargo tank and, instead, allows the pad material to be selected by the 
DCE; (3) achieves conformity with relevant requirements for DOT 400-
series cargo tanks in Sec. 178.345-3; and (4) eliminates the exception 
for a small gap in the continuous weld around mounting pads while 
permitting continued use of weep holes or telltale holes as currently 
allowed.
    Section 178.337-8. We are proposing to revise paragraph (a)(5)(iii) 
to remove an expired compliance date.
    Section 178.337-9. In paragraph (b)(2), we propose a revision to 
require the use of malleable steel or ductile iron in the construction 
of inlet and outlet fittings on MC 331 cargo tanks.
    For clarity, we are proposing to move paragraph (b)(5), which 
addresses requirements for grouping piping and fittings, to 
Sec. 178.337-10 as new paragraph (e). This would consolidate all of the 
requirements for accident damage protection.
    Section 178.337-10. We are proposing to revise the section heading 
from ``Protection of fittings'' to ``Accident damage protection.'' In 
addition, we are proposing to re-designate chlorine tank requirements 
in current paragraph (c) as paragraph (d) and to re-designate the rear-
end protection requirements in current paragraph (d) as paragraph (c). 
Proposed redesignated paragraph (c) would be revised to incorporate the 
requirements for MC 338 cargo tanks and authorize the DOT 400 series 
rear-end protection provisions as an alternative to existing 
requirements for MC 331 cargo tank motor vehicles.
    We also propose to re-designate Sec. 178.337-9(b)(5) as new 
Sec. 178.337-10(e) and to move requirements concerning shear sections 
in current Sec. 178.337-12 to new Sec. 178.337-10(f).
    Section 178.337-12. This section currently prescribes requirements 
for shear sections located adjacent to and outboard of internal valves 
or excess flow valves. This section would be removed and reserved and 
the current requirements would be designated as new paragraph (f) in 
Sec. 178.337-10, thereby consolidating all accident damage protection 
requirements in one section.
    Section 178.337-13. We propose to revise this section for 
consistency with the DOT 400-series requirements for cargo tank support 
and anchoring. When the structural integrity requirements for MC 331 
cargo tank motor vehicles were modified under HM-183 (54 FR 24982), the 
closely-related requirements for support and anchoring were not 
changed. Therefore, we are now proposing changes to the requirements 
for support and anchoring. In addition, we propose to relax a 
requirement that mounting pads be the same material as the cargo tank 
material

[[Page 63104]]

of construction by allowing the pad material to be selected by the DCE.
    Section 178.337-17. We propose to revise paragraph (a) to require 
essential information marked on MC 331 CTMV metal identification plates 
to be consistent with the requirements for DOT 400-series CTMVs so that 
this essential information is readily available to operators and 
enforcement officials. This requirement would become effective one year 
from the date of publication of a final rule in the Federal Register 
and would be applicable to new construction only. Metal identification 
plates for MC 331 CTMVs certified after the effective date of the final 
rule would be marked with the following information:
    (1) DOT-specification number MC 331;
    (2) Original test date (Orig. Test Date) month and year;
    (3) MAWP in psig;
    (4) Cargo tank test pressure (Test P), in psig;
    (5) Cargo tank design temperature (Design Temp. Range)__ deg.F 
to__ deg.F;
    (6) Cargo tank motor vehicle manufacturer (CTMV mfr.);
    (7) Cargo tank motor vehicle certification date (CTMV cert. date), 
if different from the cargo tank certification date;
    (8) Cargo tank manufacturer (CT Mfr.);
    (9) Cargo tank manufacture date (CT date Mfr.);
    (10) Cargo tank certification date (CT cert. date);
    (11) Material specification number--shell (Shell matl, yyy***), 
where ``yyy'' is replaced by the alloy designation and ``***'' is 
replaced by the alloy type;
    (12) Material specification number--heads (Head matl, yyy***), 
where ``yyy'' is replaced by the alloy designation and ``***'' is 
replaced by the alloy type. Note-- When the shell and head materials 
are the same thickness, they may be combined (Shell & head matl, 
yyy***);
    (13) Maximum weight of lading (Max. Payload) in pounds;
    (14) Exposed surface area in feet;
    (15) Nominal capacity (Water Cap.), in pounds;
    (16) Maximum design density of lading (Max. lading density), in 
pounds per gallon;
    (17) Weld material (Weld matl.);
    (18) Minimum Thickness--shell (Min. Shell-thick), in inches. When 
minimum shell thicknesses are not the same for different areas, show 
(top ____, side ____, bottom ____, in inches). Parenthetical 
abbreviations noted above would be permitted;
    (19) Manufactured Thickness--shell (Mfg. Shell-thick), in inches. 
When manufactured shell thicknesses are not the same for different 
areas, show (top ____, side , bottom ____, in inches). Parenthetical 
abbreviations noted above would be permitted;
    (20) Minimum Thickness--head (Min. Head-thick), in inches;
    (21) Manufactured Thickness--head (Mfg. Head-thick), in inches;
    (22) Lining Material (Lining), if applicable;
    (23) Heating system design pressure (Heating sys. press.) in psig, 
if applicable;
    (24) Heating system design temperature (Heating sys. temp.) in 
deg.F, if applicable;
    Section 178.337-18. We propose to re-designate paragraphs (a)(3) 
and (a)(4) as (a)(5) and (a)(6), respectively. We propose to add new 
paragraphs (a)(3) and (a)(4) detailing requirements for certifying 
cargo tanks manufactured in stages by two or more manufacturers.
    Section 178.338-2. We propose to revise paragraph (c) to except 
certain steel alloys from impact test requirements for consistency with 
exceptions allowed in the ASME Code. Section 178.338-1(c) states that 
each tank must be designed and constructed to the ASME Code. Therefore, 
because the HMR specify that these tanks should be constructed of 
materials authorized by the ASME Code, exceptions in the ASME Code from 
impact testing for certain steel alloys should also be recognized in 
the HMR.
    Section 178.338-3. We propose to revise paragraph (g) to add 
structural support members to the list of attachments to which this 
paragraph applies. The proposed revision also incorporates more 
flexible, performance language consistent with structural integrity 
requirements permitted for DOT 400-series CTMVs.
    Section 178.338-10. We are proposing to revise the section heading 
to read ``Accident damage protection'' instead of ``Collision damage 
protection.'' In addition, we are proposing to revise paragraph (c) to 
authorize the DOT 400-series cargo tank rear-end protection provisions 
as an alternative to existing requirements for MC 338 cargo tank motor 
vehicles.
    Section 178.338-11. We propose to revise paragraph (c) to require 
internal self-closing stop valves to be equipped with a means of 
thermal activation. In addition, we are revising paragraph (c) for 
clarity.
    Section 178.338-13. When the structural integrity requirements for 
MC 338 cargo tank motor vehicles were modified under HM-183 to conform 
with structural integrity requirements of the DOT 400-series, the 
closely-related requirements for supports and anchoring were not 
changed. Therefore, we are proposing changes to the requirements for 
support and anchoring. In addition, we are proposing to modify an 
unnecessary requirement that mounting pads be the same material as the 
cargo tank to allow the pad material to be selected by the Design 
Certifying Engineer.
    We are proposing to delete current paragraph (a) and re-designate 
current paragraphs (b) and (c) as paragraphs (a) and (b), respectively. 
References to ``Appendix G'' in each of these paragraphs would be 
revised to read: ``(* * * Appendix G of Section VIII, Division 1 of the 
ASME Code).'' In addition, a new paragraph (c) would be added to 
require the use of mounting pads that conform to the requirements of 
Sec. 178.338-3(g) when welding a structural support member or accident 
damage protection device directly to the cargo tank wall.
    Section 178.338-18. We propose to revise paragraph (a) to require 
information on MC 338 CTMV metal identification plates to be consistent 
with the requirements for DOT 400-series CTMVs. This requirement would 
become effective one year from the date of publication of a final rule 
in the Federal Register and would be applicable to new construction 
only. Metal identification plates for new MC 338 CTMVs would be marked 
with the following information:
    (1) DOT-specification number MC 338 (MC 338);
    (2) Original test date (Orig. Test Date) month and year;
    (3) Tank MAWP in psig;
    (4) Cargo tank test pressure (Test P), in psig;
    (5) Cargo tank design temperature (Design Temp. Range)__ deg.F 
to__ deg.F;
    (6) Cargo tank motor vehicle manufacturer (CTMV mfr.);
    (7) Cargo tank motor vehicle certification date (CTMV cert. date), 
if different from the cargo tank certification date;
    (8) Cargo tank manufacturer (CT Mfr.);
    (9) Cargo tank manufacture date (CT date Mfr.);
    (10) Cargo tank certification date (CT cert. date);
    (11) Material specification number--shell (Shell matl, yyy***), 
where ``yyy'' is replaced by the alloy designation and ``***'' is 
replaced by the alloy type;
    (12) Material specification number--heads (Head matl, yyy***), 
where ``yyy'' is replaced by the alloy designation and ``***'' is 
replaced by the alloy type. Note-- When the shell and head materials 
are the same thickness, they

[[Page 63105]]

may be combined (Shell & head matl, yyy***);
    (13) Maximum weight of lading (Max. Payload) in pounds;
    (14) Exposed surface area in feet;
    (15) Nominal capacity (Water Cap.), in pounds net at 60  deg.F., 
with the tank at its coldest operating temperature, after deduction for 
the volume above the inlet to the pressure relief device or pressure 
control valve, structural members, baffles, piping, and other 
appurtenances inside the tank;
    (16) Maximum design density of lading (Max. lading density), in 
pounds per gallons;
    (17) Weld material (Weld matl.);
    (18) Minimum Thickness--shell (Min. Shell-thick), in inches. When 
minimum shell thicknesses are not the same for different areas, show 
(top __, side __, bottom __, in inches). Parenthetical abbreviations 
noted above would be permitted;
    (19) Manufactured Thickness--shell (Mfg. Shell-thick), in inches. 
When manufactured shell thicknesses are not the same for different 
areas, show (top __, side __, bottom __, in inches). Parenthetical 
abbreviations noted above would be permitted;
    (20) Minimum Thickness--head (Min. Head-thick), in inches;
    (21) Manufactured Thickness--head (Mfg. Head-thick), in inches;
    (22) Lining Material (Lining), if applicable;
    (23) ``Insulation for Oxygen Service'' or ``Not Authorized for 
Oxygen Service,'' as appropriate;
    (24) Marked rated holding time for at least one cryogenic liquid, 
in hours, and the name of that cryogenic liquid (MRHT__ hrs, name of 
cryogenic liquid). MRHT markings for additional cryogenic liquids may 
be displayed on or adjacent to the specification plate.
    Section 178.345-1. For consistency, we propose to revise paragraph 
(c) by removing the definitions and placing them in alphabetical order 
in Sec. 178.320(a). In addition, we propose to remove paragraph (k) and 
move the definition of ``maximum allowable working pressure'' to 
Sec. 178.320(a).
    Section 178.345-2. We propose to revise paragraph (b) to address 
the requirements for minimum thickness as specified in 178.320(d).
    Section 178.345-3. We are proposing to revise paragraph (b) by 
adding a new paragraph (b)(3) to require that all cargo tank designers, 
manufacturers, owners, and users must consider all conditions specified 
in Sec. 173.33(c) when matching the performance characteristic of the 
cargo tank to the characteristics of the lading being transported.
    We are proposing to revise paragraph (f) to add requirements for 
structural support members. In addition, in paragraph (f)(3), the 
references to paragraphs (g)(1) and (g)(2) would be corrected to read 
(f)(1) and (f)(2). We are also revising paragraph (f) for clarity and 
consistency.
    Section 178.345-5. We propose to revise paragraph (e) to specify 
that manhole markings must be placed on the outside of the manhole 
assembly where they can be seen without opening the manhole cover or 
fill opening.
    Section 178.345-8. We propose to revise paragraph (a)(5) to specify 
minimum road clearance requirements for landing gear within 10 feet of 
an axle. In response to a 1996 petition (P-1325) from the Truck Trailer 
Manufacturing Association (TTMA), we are proposing a minimum road 
clearance requirement of 10 inches. TTMA suggests this height to allow 
for clearance when a CTMV wheel may drop over a curb or for crossing 
over rises, such as a railroad crossing. We agree that this clearance 
is necessary to prevent scraping or damaging the CTMV when encountering 
these situations.
    In paragraph (d), we propose a revision to clarify that 
manufacturers must comply with applicable requirements in the Federal 
Motor Carrier Safety Regulations at 49 CFR 393.86 and with paragraph 
(b) of this section.
    Section 178.345-10. In paragraph (a), we propose to add a sentence 
to clarify that pressure relief vents are not required to conform to 
the ASME Code. The requirement for a cargo tank to be ``constructed in 
accordance with the ASME Code'' or ``constructed and certified in 
conformance with the ASME Code'' applies to the construction of the 
cargo tank walls and closure devices. Certification to the ASME Code 
may be done without the installation of pressure relief devices. 
Sections 178.345-10, 178.346-3, 178.347-4, and 178.348-4 set forth 
requirements for pressure relief systems for DOT 400-series cargo 
tanks. These requirements are different from and supersede the ASME 
Code venting requirements.
    Section 178.345-13. In Sec. 178.345-13, we propose to correct 
references to read Secs. 178.346-5, 178.347-5, and 178.348-5 
respectively. These section numbers were previously changed, and this 
NPRM proposes to update appropriate reference citations.
    Section 178.345-14. We propose to revise paragraph (b)(1) to 
require that the words ``See variable specification plate'' be added to 
the name plate on cargo tanks built to more than one specification. 
This requirement is consistent with industry practice and the proposed 
wording in Sec. 180.413(d)(3)(vi).
    We also propose to revise paragraphs (c)(6) and (c)(7) to eliminate 
the maximum loading and unloading pressure marking requirement from the 
specification plate.
    Section 178.346-1. In paragraph (d)(6), the reference 
``Sec. 178.345-10'' would be corrected to read ``Sec. 178.346-3''; and 
in paragraph (d)(7) the reference ``Sec. 178.345-13 would be corrected 
to read ``Sec. 178.346-5.''
    Section 178.346-2. We propose to revise the text and table titles 
to be consistent with the minimum thickness requirements in 
Sec. 178.320(d).
    Section 178.346-5. We propose to revise paragraph (c) to clarify 
the parameters for testing cargo tanks that are used to transport 
petroleum distillate fuels and are equipped with vapor recovery 
equipment. These cargo tanks may be tested in accordance with EPA's 
annual certification test requirements as set forth in 40 CFR 
63.425(e). To satisfy the leakage test requirements, however, we are 
proposing that the Method 27 test must be performed using air and not 
liquid.
    Section 178.347-1. We propose a minor editorial correction in 
paragraph (c) to change the word ``accordance'' to ``conformance.'' We 
propose to add paragraph (d)(9) to provide for a weld joint efficiency 
of 0.85 for head seams in bulkheads on DOT 407 CTMVs.
    We propose in paragraph (d)(5) to change the reference to 
``Secs. 178.345-5 and 178.347-5,'' to read ``Sec. 178.347-3.'' In 
addition, in paragraph (d)(6) the reference to ``Sec. 178.345-10,'' and 
the reference in paragraph (d)(7) to ``Sec. 178.345-13,'' would be 
changed to read ``Sec. 178.347-4'' and ``Sec. 178.347-5,'' 
respectively.
    Section 178.347-2. We propose to revise paragraph (a) and the table 
titles to be consistent with the minimum thickness requirements in 
Sec. 178.320(d).
    Section 178.348-1. We propose to remove the reference to 
``Sec. 178.348-5,'' in paragraph (e)(2)(v). We also propose to change 
the reference to ``Sec. 178.348-10,'' in paragraph (e)(2)(vi), to read 
``Sec. 178.348-4.'' In addition, we propose to change the second 
reference to ``Sec. 178.348-13,'' in paragraph (e)(2)(vii), to read 
``Sec. 178.348-5.''
    Section 178.348-2. We propose to revise paragraph (a) and the table 
titles for consistency with the minimum thickness requirements in 
Sec. 178.320(d).

Part 180

    Section 180.403. We propose to define the term ``corroded or 
abraded'' to mean any visible reduction in the material thickness of 
the cargo tank wall or valve

[[Page 63106]]

due to pitting, flaking, gouging, or chemical reaction to the material 
surface. In addition, we propose to modify the definition for 
``corrosive to the tank or valve'' to mean that the lading has been 
shown through experience or test data to reduce the thickness of the 
tank wall or valve.
    Section 180.405. We propose to modify paragraph (b) to allow a 
cargo tank motor vehicle that was originally built to a standard 
authorized by an exemption to be marked and certified to the applicable 
MC 306, MC 307, MC 312, MC 331, or MC 338 specification after August 
31, 1995. Currently, paragraphs (d), (e), and (f) outline steps that 
must be taken prior to this certification. Although the cargo tanks 
should have been marked and certified before August 31, 1995, FMCSA and 
RSPA believe there may be a number of cargo tanks in operation that 
have not been certified to the appropriate specification. The practice 
of certifying these cargo tanks to the applicable MC 300-series 
specification was previously authorized. Continuing to permit these 
tanks to be marked and certified would not decrease the current level 
of safety. This proposal would not authorize these tanks to be used in 
DOT-specification service, after the expiration of the exemption under 
which they were manufactured, unless the necessary changes have been 
made and the tank is certified.
    Also, we propose to add paragraph (b)(2)(iv) to require any repairs 
performed on MC 306, MC 307, or MC 312 cargo tanks after June 30, 1992 
to have been conducted in accordance with Sec. 180.413.
    We propose to remove paragraph (g)(3). The period for retrofitting 
manholes has expired and the regulation is obsolete.
    We propose to revise paragraph (k) to require MC 300-series cargo 
tanks that have a pressure relief system set at 3 psig and that have no 
MAWP or design pressure marked on the specification plate, or an MAWP 
or design pressure of less than 3 psig marked on the specification 
plate, to be re-marked with an MAWP or design pressure of not greater 
than 3 psig. This provision is currently allowed, but not required.
    We propose to revise paragraph (l)(2)(iii), which prescribes the 
load that a rear-end tank protection device or rear bumper is required 
to withstand, to be consistent with the requirements for rear-end 
protection devices in Sec. 178.345-8(d)(3). Currently, the rear-end 
protection device or rear bumper is required to withstand a 2 ``g'' 
load uniformly distributed and applied horizontally (parallel to the 
ground) from any direction at an angle not exceeding 30 degrees to the 
longitudinal axis of the vehicle. As proposed, the rear bumper or rear-
end protection device would be required to withstand the horizontal 
load at an angle not exceeding 10 degrees to the longitudinal axis of 
the vehicle. This proposal would make the angle of load application 
consistent with the rear-end damage protection devices installed on new 
DOT 400-series CTMVs, as revised on November 3, 1994 (Docket HM-183C; 
59 FR 55167).
    We also propose to add a new paragraph (o) to require MC 330, MC 
331, and MC 338 cargo tanks that are not equipped with on-truck remote 
shutoff devices to be retrofitted with on-truck remote shutoff devices 
that meet the requirements of the applicable specification. In this 
NPRM, we are proposing a three-year retrofit program for existing cargo 
tanks not equipped with an on-truck remote shutoff feature.
    Section 180.407. We propose to revise paragraph (a)(2) to remove 
the phrase ``or during loading or unloading'' to limit the maximum 
pressure in the tank to the MAWP, except when the tank is undergoing a 
pressure test only.
    We propose to revise paragraphs (b)(1) and (b)(2) to clarify the 
tests and inspections that must be conducted when a cargo tank shows 
evidence of dents, corroded or abraded areas, leakage, has sustained 
damage to an extent that may adversely affect its lading retention 
capabilities, or any other condition that might render it unsafe for 
transportation in hazardous materials service.
    In addition, paragraph (b)(4) would be removed because the 
inspection and testing requirements for cargo tanks that have been 
modified from their original design specifications are currently 
outlined in Sec. 180.413 and are redundant in this section.
    We are proposing to revise paragraph (d)(1) to correct references 
for hydrostatic and pneumatic testing of cargo tanks where the visual 
inspection is precluded because the cargo tank is lined, coated, or 
designed so as to prevent access for internal inspection.
    In response to NTSB recommendation H-95-14, we are also proposing 
to revise paragraph (d)(4) to require thickness testing of ring 
stiffeners and appurtenances on cargo tanks constructed of mild steel 
or high-strength, low-alloy steel and aluminum that are installed in a 
manner that precludes an external visual inspection of the cargo tank.
    We propose to revise paragraph (g) to replace the term ``re-closing 
pressure relief valve'' with ``self-closing pressure relief valve.'' 
This change would clarify that loading and unloading vents that open 
and close mechanically during loading and unloading operations are not 
subject to the bench testing requirements. As proposed, the revision 
would specify that self-closing pressure relief devices, such as normal 
vents (1 psig vents) installed on MC 306 and DOT 406 cargo tanks, must 
be removed from the cargo tank for inspection and testing or replaced 
in conjunction with the pressure test. In addition, paragraph (g)(1)(v) 
would be removed because the 5-year phase in period has expired.
    In paragraph (g)(4), we propose to reduce the test pressure for 
cargo tank heating systems as requested in petitions (P-1199) and (P-
1262) from NTTC and TTMA, respectively. NTTC members who own and 
operate DOT-specification CTMVs with external heating systems have 
found that these systems cannot withstand 1.5 times the design pressure 
as currently specified in paragraph (g)(4). The most vulnerable parts 
of the typical external heating system are the flexible connectors 
(rubber or elastomerics) that are used to interconnect heat exchanger 
panels. Because these heating systems are covered with insulation, a 
failure can cause expensive, time-consuming repairs. Evidently, before 
the adoption of Part 180 periodic testing, system designers made no 
provision for testing at 1.5 times operational conditions, a level that 
is routinely recognized in the design of conventional piping systems. 
For these reasons, NTTC and TTMA asked RSPA to reduce the test pressure 
to the maximum operating pressure of each system.
    We propose to revise paragraph (h)(1) to require internal and 
external self-closing stop valves to be tested during the leak test, 
adjacent tanks in a multi-compartment CTMV to be separately tested, and 
cargo tanks in liquefied compressed gas service to be externally 
inspected for leaks during leakage tests by a means other than using a 
pressure gauge.
    We propose to add paragraph (h)(1)(iv) to require MC 330 or MC 331 
cargo tanks in dedicated service for anhydrous ammonia to be leakage 
tested at not less than 483 kPa (70 psig). In addition, we propose to 
add paragraph (h)(1)(v) to require non-specification cargo tanks 
subject to testing under Sec. 173.8(d)(6) to be leak tested at a 
pressure of 16.5 kPa (2.4 psig). Section 173.8 requires non-
specification cargo tanks authorized by that section to be tested and 
inspected in the same manner as required for an MC 306 CTMV. Many non-
specification cargo tanks are not marked with a MAWP or

[[Page 63107]]

design pressure. This requirement would ensure that these cargo tanks 
are leakage tested in the same manner as MC 306 CTMVs.
    We propose to revise paragraph (h)(2) to clarify the parameters for 
testing cargo tanks used to transport petroleum distillate fuels that 
are equipped with vapor recovery systems. These cargo tanks may be 
tested in accordance with EPA's annual certification test requirements 
as set forth in 40 CFR 63.425(e). To satisfy the leakage test 
requirements, however, we are proposing that the Method 27 test must be 
performed using air and not liquid. Under this proposal, the 
hydrostatic test alternative included in Method 27 may not be used to 
satisfy the leakage test requirements. We believe that the pneumatic 
test is a better test method for detecting leaks.
    We propose to revise paragraph (i) and the titles of the tables in 
Sec. 180.407(i)(5) by adding wording that is consistent with the 
proposed minimum thickness requirements in Sec. 178.320(d).
    Also, we propose to revise paragraph (i)(6) to change the wording 
``maximum lading density'' to ``maximum weight of lading or reduced 
maximum working pressure, or combinations thereof'', and to make other 
relevant editorial revisions. Currently, if a cargo tank does not meet 
the minimum thickness required to satisfy the structural integrity 
requirements, the existing provisions allow for a downgrade of the 
maximum lading density, but do not recognize other factors directly 
related to the stress levels experienced by the cargo tank. This change 
is consistent with cargo tank design practices that evaluate both the 
weight of lading carried by the cargo tank and the pressure on the 
cargo tank wall as determining factors for minimum in-service 
thickness. The proposed change also responds to a petition (P-1300) 
from TTMA.
    Section 180.409. We propose to revise paragraph (a) to add a 
reference to the definition of Registered Inspector in Sec. 171.8. to 
clarify that a person must meet the minimum qualifications set forth in 
the definition in order to be qualified to perform tests and 
inspections required by Sec. 180.407(c). This proposed change is based 
on a petition (P-1292) from TTMA.
    Section 180.413. We propose to revise paragraph (a) requirements 
for performing repairs, modifications, stretching, rebarrelling, or 
remounting a cargo tank. Specifically, we propose to explicitly state 
that a facility repairing any specification cargo tanks must adhere to 
the quality control procedures (e.g. welder qualifications and approved 
welding procedures) in the National Board Inspection Code (NBIC) except 
requirements for inspection by an Authorized Inspector, preparation of 
an R-1 Form, or stamping of the ``R'' stamp on the cargo tank. This was 
our intent in 1989 when, under Docket HM-183, we changed the 
regulations to require that repair facilities hold either a valid 
National Board Certificate of Authorization for use of the National 
Board ``R'' stamp or a valid ASME Certificate of Authorization for use 
of the ASME ``U'' stamp. FMCSA has discovered numerous instances where, 
although a facility holds a valid ``U'' or ``R'' stamp, the quality 
control procedures used to obtain the stamp were not utilized during 
the repair. One example is the use of ``lap patches'' which are 
prohibited under the NBIC. This revision will prohibit this and other 
un-safe practices being discovered during repairs of non-ASME stamped 
cargo tanks. In addition, the registration and cleaning and purging 
requirements would be moved from paragraphs (b)(4) and (d)(8) to 
paragraph (a)(2). In addition, we propose to revise paragraph (c) for 
clarity.
    In paragraph (d), we propose to revise the requirements for 
stretching, modifying, or rebarrelling a cargo tank to clarify the 
intent of the regulation. Specifically, we propose to eliminate the 
need for testing in accordance with Sec. 180.407, which is currently 
required by Sec. 180.413(d)(4)(iv). Testing the adequacy of welded 
modifications, stretchings, or rebarrellings would be accomplished by 
testing specified in paragraph (d)(3)(iv) of this section (formerly 
Sec. 180.413(d)(10)). In paragraph (d), RSPA also proposes to clarify 
that a modification, stretching, or rebarrelling must be certified by a 
DCE.
    In paragraph (d)(4)(v), we propose to require a supplemental 
specification plate to be installed adjacent to the original 
specification plate. This proposed change eliminates the provision that 
currently allows changes to the original specification plate. In 
addition, paragraph (d)(4), in its entirety, would be re-designated as 
paragraph (d)(3). The provisions of paragraph (d)(5) would be re-worded 
and moved to (d)(4).
    We are proposing to move the provisions contained in paragraphs 
(d)(6) and (7) to a new paragraph (e) to eliminate confusion about what 
is required when a cargo tank is re-mounted onto a new chassis. New 
paragraph (e) is based on a petition (P-1322) from TTMA and would 
clarify requirements for certification of mounting by a DCE and 
supervision of the mounting by a Registered Inspector. Current 
paragraph (e) would be re-designated as paragraph (f).
    Section 180.415. We propose to revise paragraph (b)(3)(vi) to 
require a special marking, ``K-EPA27,'' on cargo tanks that have been 
tested in accordance with EPA requirements for testing cargo tank vapor 
tightness. Under this proposal, this marking would replace the ``K'' 
marking if EPA's annual certification test, as set forth in 40 CFR 
63.425(e), is used instead of the leakage test in Sec. 180.407(h)(1), 
or would be in addition to the ``K'' marking if the cargo tank 
undergoes both the leakage test and the EPA annual certification test. 
This proposal would provide a nationally uniform marking for cargo 
tanks that pass the annual certification test in accordance with EPA 
requirements.
    In addition, after October 1, 2001, RSPA proposes to change the 
date that is marked on the tank from the date the test or inspection 
was last performed to the date the test or inspection expires, preceded 
by the letter ``N.'' This responds to petition P-1343 submitted by 
NTTC. RSPA agrees with the request that by indicating when the test or 
inspection expires, and subsequently when the test or inspection is 
next due, owners, operators, and inspectors will be able to more easily 
determine if the cargo tank is meeting the requirements.
    Section 180.417. We propose to require additional information to be 
provided on inspection and test reports to enable owners and operators 
of cargo tanks to more effectively review the results of the test or 
inspection. The information required by the revised paragraph (b)(1) 
would provide important information about the cargo tank and its 
service that may affect the type and method of test to be performed. 
This information would be supplied by the cargo tank owner or carrier 
to the re-qualification or maintenance facility.
    The specific information, proposed in paragraph (b)(2), is 
information that the inspection or testing facility would provide to 
the cargo tank owner or carrier and concerns the compliance status of 
the cargo tank. The information is currently available to the 
inspection or testing facility but is not usually given to the cargo 
tank owner. Current paragraph (b)(2) would be re-designated as 
paragraph (b)(3).
    We propose to revise paragraph (d) to clarify what documents must 
accompany the cargo tank when ownership changes. Currently, 
Secs. 180.413(e) and 180.417(d) require the seller to provide copies of 
certain documents and records to the buyer, upon the sale of a cargo 
tank. The proposed change would consolidate these requirements into one 
section.

[[Page 63108]]

VI. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and was not reviewed 
by the Office of Management and Budget. RSPA has prepared a preliminary 
Regulatory Evaluation assessing potential costs, benefits and savings 
of the proposed changes. The Regulatory Evaluation is available for 
review in the public docket on the DOT Docket Management System 
website, http://dms.dot.gov. RSPA considered three alternatives: (1) 
Taking no regulatory action; (2) clarifying and updating the 
regulations, responding to several petitions for rulemaking, and 
addressing three NTSB recommendations; and (3) responding to NTSB 
recommendations only. RSPA chose Alternative 2 because it would 
increase safety, reduce compliance costs, and provide greater 
flexibility in design and construction of cargo tanks.
    We estimate the total annual cost savings to the industry resulting 
from implementation of the proposals in this NPRM would be $3,521,600. 
At the same time the industry would incur increased costs of compliance 
totaling $2,199,167 the first year and $1,449,270 each following year. 
The overall net benefits would be $1,222,433 the first year and 
$2,072,330 each subsequent year.
    Increasing clarity and thereby understanding of the regulations, 
facilitates compliance, and reduces risks to the public and 
environment. While some proposals in this Notice would result in costs 
and safety benefits, others would result in savings while not 
sacrificing safety. Overall, the estimated savings of these proposals 
are greater than the estimated costs. The proposals with the most 
associated costs are proposals based on safety concerns and NTSB 
recommendations, which are based on events that occurred in serious 
accidents. These proposals would increase safety for people and 
property.
    In this Notice, RSPA invites comments on the costs and savings 
associated with each of the proposed changes.

B. Executive Order 13132

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132 
(``Federalism''). This proposed rule would preempt state, local, and 
Indian tribe requirements but does not propose any regulation that has 
substantial direct effects on the states, the relationship between the 
national government and the states, or the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
consultation and funding requirements of Executive Order 13132 do not 
apply.
    The 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:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This proposed rule addresses covered subject item (5) above and 
would preempt state, local, and Indian tribe requirements not meeting 
the ``substantively the same'' standard.
    Federal hazardous materials transportation law provides at 
Sec. 5125(b)(2) that, if DOT issues a regulation concerning any of the 
covered subjects, DOT 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. 
RSPA proposes that the effective date of federal preemption be 90 days 
from publication of a final rule in this matter in the Federal 
Register.

C. Executive Order 13175

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13175 
(``Consultation and Coordination with Indian Tribal Governments''). 
Because this proposed rule does not have tribal implications, does not 
impose substantial direct compliance costs, and is required by statute, 
the funding and consultation requirements of Executive Order 13175 do 
not apply.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) requires each 
agency to analyze proposed regulations and assess their impact on small 
businesses and other small entities to determine whether the proposed 
rule is expected to have a significant impact on a substantial number 
of small entities. Based on the assessment in this preliminary 
regulatory evaluation, and information generally available on the 
number and size of potentially affected entities, we find that:
     All small entities that engage in the manufacture, 
operation, testing or inspection of certain DOT specification cargo 
tank motor vehicles would be subject to some or all of the proposed 
rules;
     In each instance where regulatory proposals would require 
a new or increased cost to a regulated party, the cost is a modest $100 
or less per cargo tank;
     Small entities would also be able to take advantage of the 
relaxations in the proposed rule, resulting in a net reduction of 
regulatory costs.
    RSPA estimates that most of the approximately 3,700 interstate and 
5,500 intrastate motor carriers that would be subject to the 
requirements of this rule are small businesses. There are also 
approximately 7,000 cargo tank inspection/testing facilities subject to 
the requirements that are estimated to be small businesses. We estimate 
that operators of existing fleets of cargo tank motor vehicles would 
incur costs of approximately $75 per year for each of the approximately 
5,000 affected series 307, 312, 407 and 412 cargo tank motor vehicles 
in corrosive material service, and $100 every two years for thickness 
testing of appurtenances on the estimated 15,000 cargo tanks in that 
same series. In neither case is the additional cost likely to have a 
significant economic impact on the operator's net income or ability to 
remain competitive.
    In the case of manufacturers/assemblers of series 406, 407 and 412 
cargo tank motor vehicles, the proposed changes involve a new 
requirement for the application of mounting pads that is estimated to 
increase their cost to manufacture/assemble each cargo tank motor 
vehicle by $100. We expect that cost will be passed through to the 
person purchasing the cargo tank. Also, since the cost is modest, we do 
not anticipate a decreased carrier demand for cargo tanks.
    Although there are still other provisions in this rule that would 
present an added cost to these small

[[Page 63109]]

businesses, there are also safety benefits that have the potential to 
save money and protect the viability of small businesses by lowering 
the risk of a catastrophic accident. Most of the provisions of the rule 
are directed toward individual cargo tanks. Since small businesses 
operate fewer cargo tanks, most of the cost of this proposed rule would 
affect larger businesses. The proposed rule includes several provisions 
that would provide savings to small businesses by allowing experienced 
Registered Inspectors and Design Certifying Engineers to continue to 
perform functions for which they were previously qualified, allowing 
recertification of certain cargo tanks to their original specification, 
and relaxing requirements for leakage testing of cargo tanks in 
anhydrous ammonia service that are operated almost exclusively by 
entities that are small businesses (including small farms).
    In addition to the above compliance costs, a number of proposed 
relaxations would allow for a potential net reduction in regulatory 
costs. For example, owners of cargo tanks would be able to re-certify 
their cargo tanks to the original specification. Manufacturers of MC 
338 cargo tanks would be able to take advantage of the relaxation of 
mounting requirements, which will save engineering and construction 
costs. Likewise, the revisions for bottom damage protection devices 
would create further possible reductions in compliance costs. These and 
other relaxations offset the additional requirements, while maintaining 
current safety standards.
    In consideration of the above, while the proposed rule would apply 
to a substantial number of small entities, I certify that the economic 
impact on those small entities would not be significant.

E. Paperwork Reduction Act

    RSPA has a current information collection approval under OMB No. 
2137-0014, Cargo Tank Specification Requirements, with 130,861 burden 
hours and $1,734,350 annual costs. RSPA believes that this proposed 
rule may result in decreased annual burden hours and costs. If these 
proposals are finalized, the current approval would be required to be 
revised and resubmitted to OMB for extension and re-approval.
    Section 1320.8(d), Title 5, Code of Federal Regulations requires 
that RSPA provide interested members of the public and affected 
agencies an opportunity to comment on information collection and 
recordkeeping requests. This notice identifies information collection 
that RSPA may submit to OMB for extension and re-approval based on the 
requirements in this proposed rule. RSPA has revised burden estimates, 
where appropriate, to reflect current reporting levels or adjustments 
based on changes in this proposed rule since the information collection 
was last approved. RSPA estimates that the total information collection 
and recordkeeping burden as proposed in this rule would be revised as 
follows:
    OMB No: 2137-0014.
    Number of Respondents: 41,366.
    Total Annual Responses: 132,600.
    Total Annual Burden Hours: 102,021.
    Total Annual Burden Cost: $4,088,350.
    One Time Start Up Cost: $1,595,000.
    RSPA specifically requests comments on the information collection 
and recordkeeping burdens associated with developing, implementing, and 
maintaining these requirements for approval under this proposed rule.
    Requests for a copy of the information collection should be 
directed to Deborah Boothe, Office of Hazardous Materials Standards 
(DHM-10), Research and Special Programs Administration, Room 8102, 400 
Seventh Street, SW., Washington, DC 20590-0001, Telephone (202) 366-
8553.
    Written comments should be addressed to the Dockets Unit as 
identified in the ADDRESSES section of this rulemaking. Comments should 
be received prior to the close of comment period identified in the 
DATES section of this rulemaking. Under the Paperwork Reduction Act of 
1995, no person is required to respond to an information collection 
unless it displays a valid OMB control number. If these proposed 
requirements are adopted in a final rule, RSPA will submit the revised 
information collection and recordkeeping requirements to the Office of 
Management and Budget for approval.

F. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

G. Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$100 million or more to either state, local, or Tribal governments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

H. Environmental Assessment

    RPSA has performed an Environmental Assessment and has determined 
this proposed rule does not have any significant negative impacts to 
the environment and may result in a small net benefit from the proposal 
to allow the recertification of cargo tanks that allows older cargo 
tanks to be used rather than discarded. Therefore, we find that there 
are no significant environmental impacts associated with this proposed 
rule.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Packaging and containers, Penalties, Reporting and 
recordkeeping requirements.

49 CFR Part 171

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

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 173

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

49 CFR Part 177

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

49 CFR Part 178

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

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Railroad safety, Reporting and 
recordkeeping requirements.
    In consideration of the foregoing, we propose to amend 49 CFR 
Chapter I as follows:

[[Page 63110]]

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

    1. The authority citation for part 107 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L. 
104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.

    2. The title of Subpart F would be revised to read as follows:

Subpart F--Registration of Cargo Tank and Cargo Tank Motor Vehicle 
Manufacturers, Assemblers, Repairers, Inspectors, Testers, and 
Design Certifying Engineers

    3. In Sec. 107.502, paragraph (a)(1) would be revised to read as 
follows:


Sec. 107.502  General registration requirements.

    (a) * * *
    (1) Assembly means the performance of any of the following 
functions when the function does not involve welding on the cargo tank 
wall:
    (i) The mounting of one or more tanks or cargo tanks on a motor 
vehicle or to a motor vehicle suspension component;
    (ii) The installation of equipment or components necessary to meet 
the specification requirements prior to the certification of the cargo 
tank motor vehicle; or
    (iii) The installation of linings, coatings, or other materials to 
the inside of a cargo tank wall.
* * * * *
    4. In Sec. 107.503, paragraphs (a)(3), (a)(4), (a)(5), (a)(6), and 
(a)(7) would be redesignated as paragraphs (a)(4), (a)(5), (a)(6), 
(a)(7), and (a)(8) respectively, and new paragraph (a)(3) would be 
added to read as follows:


Sec. 107.503  Registration statement.

    (a) * * *
    (3) A statement indicating whether the facility uses mobile 
testing/inspection equipment to perform inspections, tests, or repairs 
at a location other than the address listed in paragraph (a)(2) of this 
section;
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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

    6. In Sec. 171.1, in the paragraph (a)(3) table, a new entry for 
``American Petroleum Institute'' would be added in appropriate 
alphabetical order and under ``Truck Trailer Manufacturers 
Association,'' the entries ``TTMA RP No. 81'' and ``TTMA RP No. 61-94'' 
would be removed, the entry ``TTMA TB No. 107'' would be revised, and 
two new entries would be added in appropriate alpha-numeric order, to 
read as follows:


Sec. 171.7  Reference material.

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

------------------------------------------------------------------------
                                                               49 CFR
                Source and name of material                   reference
------------------------------------------------------------------------
 
*                    *                  *                  *
                   *                  *                  *
American Petroleum Institute 1220 L Street, NW,
 Washington, D.C. 20005-4070:
    API Recommended Practice 1604 Closures of Underground        171.201
     Petroleum Storage Tanks, 3rd Edition, March 1996''...
 
*                  *                  *                  *
                  *                  *                  *
Truck Trailer Manufacturers Association * * *
    TTMA RP No. 61-98, Performance of Manhole and/or Fill        180.405
     Opening Assemblies on MC 306, DOT 406, Non-ASME MC
     312 and Non-ASME DOT 412 Cargo Tanks, June 1, 1998...
    TTMA RP No. 81-97, Performance of Spring Loaded           178.345-10
     Pressure Relief Valves on MC 306, MC 307, MC 312, DOT
     406, DOT 407, and DOT 412 Tanks, July 1, 1997 Edition
    TTMA TB No. 107, Procedure for Testing In-Service,           180.405
     Unmarked, and/or Uncertified MC 306 and Non-ASME MC
     312 Type Cargo Tank Manhole Covers, June 1, 1998
     Edition..............................................
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

* * * * *
    7. In Sec. 171.8, the definitions for ``Cargo tank,'' ``Design 
Certifying Engineer,'' ``MAWP,'' and ``Registered Inspector'' would be 
revised to read as follows:


Sec. 171.8  Definitions and abbreviations.

* * * * *
    Cargo tank means a bulk packaging that:
    (1) Is a tank intended primarily for the carriage of liquids or 
gases and includes appurtenances, reinforcements, fittings, and 
closures (for the definition of a tank, see Sec. 178.320, Sec. 178.337-
1, or Sec. 178.338-1 of this subchapter, as applicable);
    (2) Is permanently attached to or forms a part of a motor vehicle, 
or is not permanently attached to a motor vehicle but which, by reason 
of its size, construction or attachment to a motor vehicle is loaded or 
unloaded without being removed from the motor vehicle; and
    (3) Is not fabricated under a specification for cylinders, 
intermediate bulk containers, multi-unit tank car tanks, portable 
tanks, or tank cars.
* * * * *
    Design Certifying Engineer means a person registered with the 
Department in accordance with subpart F of part 107 of this chapter who 
has the knowledge and ability to perform stress analysis of pressure 
vessels and otherwise determine whether a cargo tank design and 
construction meets the applicable DOT specification. In addition, 
Design Certifying Engineer means a person who meets, at a minimum, any 
one of the following:
    (1) Has an engineering degree and one year of work experience in 
cargo tank structural or mechanical design;
    (2) Is currently registered as a professional engineer by 
appropriate authority of a state of the United States or a province of 
Canada; or
    (3) Has at least three years' experience in performing the duties 
of a Design Certifying Engineer prior to September 1, 1991.
* * * * *
    MAWP means maximum allowable working pressure. For DOT 
specification cargo tanks used to transport liquid hazardous materials, 
see Sec. 178.320(c) of this subchapter.
* * * * *
    Registered Inspector means a person registered with the Department 
in accordance with Subpart F of part 107

[[Page 63111]]

of this chapter who has the knowledge and ability to determine whether 
a cargo tank conforms to the applicable DOT specification. In addition, 
Registered Inspector means a person who meets, at a minimum, any one of 
the following:
    (1) Has an engineering degree and one year of work experience;
    (2) Has an associate degree in engineering and two years of work 
experience;
    (3) Has a high school diploma (or General Equivalency Diploma) and 
three years of work experience; or
    (4) Has at least three years' experience performing the duties of a 
Registered Inspector prior to September 1, 1991.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

    8. The authority citation for part 172 would continue to read as 
follows:

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

    9. In the Sec. 172.101 Hazardous Materials Table, the following 
entries would be revised to read as follows:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 63112]]



                                                                            Sec.  172.101--Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Hazardous                                                                               (8)  Packaging  (Sec.  173.***)    (9)  Quality limitations    (10)  Vessel stowage
                   materials        Hazard                                                  Special     ----------------------------------------------------------------------------------------
   Symbols      descriptions and   class or    Identification      PG      Label codes     provisions                                          Passenger      Cargo
                proper shipping    division                                             (Sec.  172.102)   Exceptions   Non-bulk      Bulk      aircraft/     aircraft     Location      Other
                     names                                                                                                                        rail         only
(1)            (2)..............         (3)  (4)               (5)       (6).........  (7)............  (8A).......        (8B)        (8C)  (9A)         (9B)         (10A)        (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                       *                  *                  *                  *                  *                  *                  *
D............  Diesel fuel......           3  NA1993            III       None........  144, B1, 1B3,    150........         203         242  60 L         220 L        A            ...........
                                                                                         T4, TP1, TP29.
I............  Diesel fuel......           3  UN1202            III       3...........  144, B1, 1B3,    150........         203         242  60 L         220 L        A            ...........
                                                                                         T2, TP1.
 
                                       *                  *                  *                  *                  *                  *                  *
               Fuel, aviation,             3  UN1863            I         3...........  144, T11, TP1,   150........         201         243  1 L          30 L         E            ...........
                turbine engine.                                                          TP8.
                                                                II        3...........  144, IB2, T4,    150........         202         242  5 L          60 L         B            ...........
                                                                                         TP1, TP8.
                                                                III       3...........  144, B1, IB3,    150........         203         242  60L          220 L        A            ...........
                                                                                         T2, TP1.
D............  Fuel oil (No. 1,            3  NA 1993           III       3...........  144, B1, IB3     150........         203         242  60 L         220 L        A            ...........
                2, 4, 5, or 6).                                                          T4, TP1, TP29.
 
                                       *                  *                  *                  *                  *                  *                  *
               Gas oil..........           3  UN1202            III       3...........  144, B1, IB3,    150........         203         242  60 L         220 L        A            ...........
                                                                                         T2, TP1.
 
                                       *                  *                  *                  *                  *                  *                  *
D............  Gasohol gasoline            3  NA1203            II        3...........  144............  150........         202         242  5L           60 L         E            ...........
                mixed with ethyl
                alcohol, with
                not more than 20
                percent alcohol.
               Gasoline.........           3  UN1203            II        3...........  144, B33, IB2,   150........         202         242  5 L          60 L         E            ...........
                                                                                         T4, TP1.
 
                                       *                  *                  *                  *                  *                  *                  *
               Hydrocarbons,               3  UN3295            I         3...........  144, T11, TP1,   150........         201         243  1 L          30 L         E            ...........
                liquid, n.o.s.                                                           TP8.
                                           3  UN3295            II        3...........  144, IB2, T7,    150........         202         242  5 L          60 L         B            ...........
                                                                                         TP1, TP8, TP28.
                                           3  UN3295            III       3...........  144, B1, IB3,    150........         203         242  60 L         220 L        A            ...........
                                                                                         T4, TP1, TP29.
 
                                       *                  *                  *                  *                  *                  *                  *
               Kerosene.........           3  UN1223            III       3...........  144, B1, IB3,    150........         203         242  60 L         220 L        A            ...........
                                                                                         T2, TP2.
 

[[Page 63113]]

 
                                       *                  *                  *                  *                  *                  *                  *
               Petroleum crude             3  UN1267            I         3...........  144, T11, TP1,   None.......         201         243  1 L          30 L         E            ...........
                oil.                                                                     TP8.
                                                                II        3...........  144, IB2 T4,     150,.......         202         242  5 L          60 L         B            ...........
                                                                                         TP1, TP8.
                                                                II        3...........  144, B1, IB3,    150........         203         242  60 L         220 L        A            ...........
                                                                                         T2, TP1.
               Petroleum                   3  UN1268            I         3...........  144, T11, TP1,   150........         201         243  1 L          30 L         E            ...........
                distillates,                                                             TP8.
                n.o.s. or
                Petroleum
                products, n.o.s.
                                                                II        3...........  144, IB2, T7,    150........         202         242  5 L          60 L         B            ...........
                                                                                         TP1, TP8, TP28.
                                                                III       3...........  144, B1, IB3,    150........         203         242  60 L         220 L        A            ...........
                                                                                         T4, TP1, TP29.
 
                                       *                  *                  *                  *                  *                  *                  *
D............  Petroleum oil....           3  NA1270            I         3...........  144, T11, TP1,   None.......         201         243  1 L          30 L         E            ...........
                                                                                         TP9.
                                                                II        3...........  144, IB2, T7,    150........         202         242  5 L          60 L         B            ...........
                                                                                         TP1, TP8, TP28.
                                                                III       3...........  144, B1, IB3,    150........         203         242  60 L         202 L        A            ...........
                                                                                         T4, TP1, TP29.
 
                                       *                  *                  *                  *                  *                  *                  *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 63114]]

    10. In Sec. 172.102, in paragraph (c)(1), special provision 144 
would be added in numerical order to read as follow:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *

Code/Special Provisions

* * * * *
    144 If transported as a residue in an underground storage tank 
(UST), as defined in 40 CFR 280.12, that has been cleaned and purged 
or rendered inert according to the American Petroleum Institute 
(API) Standard 1604, then the tank and this material are not subject 
to any other requirements of this subchapter. However, sediments 
remaining in the tank that meet the definition for a hazardous 
material are subject to the applicable regulations of this 
subchapter.

* * * * *
    11. In Sec. 172.328, a new paragraph (d) would be added to read as 
follows:


Sec. 172.328  Cargo tanks.

* * * * *
    (d) After [Two Years From Effective Date of Final Rule], each on-
vehicle manually-activated remote shutoff device for closure of the 
internal self-closing stop valve must be identified by marking 
``Emergency Shutoff'' in letters at least 1.5 inches in height, in a 
color that contrasts with its background, and located in an area 
immediately adjacent to the means of closure.

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

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

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

    13. In Sec. 173.33, current paragraphs (g) and (h) would be 
redesignated as paragraphs (c)(6) and (g), respectively, and paragraph 
headings for current paragraph (f) and redesignated paragraph (g) would 
be added to read as follows:


Sec. 173.33  Hazardous materials in cargo tanks motor vehicles.

* * * * *
    (f) Substitute packagings. * * *
    (g) Remote control of self-closing top valves--MC 330, MC 331 and 
MC 338 cargo tanks. * * * .
    14. In Sec. 173.150, paragraphs (f)(3)(vii) and (f)(3)(viii) would 
be revised and paragraph (f)(3)(ix) would be added to read as follows:


Sec. 173.150  Exceptions for Class 3 (flammable) and combustible 
liquids.

* * * * *
    (f) * * *
    (3) * * *
    (vii) Packaging requirements of subpart B of this part and, in 
addition, non-bulk packagings must conform to the requirements of 
Sec. 173.203;
    (viii) The requirements of Secs. 173.1, 174.1, 177.804, 177.817, 
and 177.834 of this subchapter, except Sec. 177.834 (i)(3); and
    (ix) The training requirements of subpart H of part 172 of this 
subchapter.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

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

    16. In Sec. 177.834, paragraph (j) introductory text would be 
revised to read as follows:


Sec. 177.834  General requirements.

* * * * *
    (j) Manholes and valves closed. Except for a cargo tank conforming 
to Sec. 173.29(b)(2) of this subchapter, a person may not drive a cargo 
tank motor vehicle containing a hazardous material regardless of 
quantity unless:
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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

    18. In Sec. 178.320, paragraphs (a) and (b)(1) would be revised and 
paragraph (d) would be added to read as follows:


Sec. 178.320  General requirements applicable to all DOT specification 
cargo tank motor vehicles.

    (a) Definitions. For the purpose of this subchapter:
    Appurtenance means any attachment to a cargo tank that has no 
lading retention or containment function and provides no structural 
support to the cargo tank.
    Baffle means a non-liquid-tight transverse partition device that 
deflects, checks or regulates fluid motion in a tank.
    Bulkhead means a liquid-tight transverse closure at the ends of or 
between cargo tanks.
    Cargo tank means a bulk packaging that:
    (1) Is a tank intended primarily for the carriage of liquids or 
gases and includes appurtenances, reinforcements, fittings and closures 
(for tank, see Sec. 178.345-1(c), Sec. 178.337-1, or Sec. 178.338-1, as 
applicable);
    (2) Is permanently attached to or forms a part of a motor vehicle, 
or is not permanently attached to a motor vehicle but that, by reason 
of its size, construction or attachment to a motor vehicle is loaded or 
unloaded without being removed from the motor vehicle; and
    (3) Is not fabricated under a specification for cylinders, 
intermediate bulk containers, multi-unit tank car tanks, portable 
tanks, or tank cars.
    Cargo tank motor vehicle means a motor vehicle with one or more 
cargo tanks permanently attached to or forming an integral part of the 
motor vehicle.
    Cargo tank wall means those parts of the cargo tank that make up 
the primary lading retention structure, including shell, bulkheads, and 
fittings and that, when closed as for transportation of lading, yield 
the minimum volume of the cargo tank assembly.
    Charging line means a hose, tube, pipe, or a similar device used to 
pressurize a tank with material other than the lading.
    Companion flange means one of two mating flanges where the flange 
faces are in contact or separated only by a thin leak-sealing gasket 
and are secured to one another by bolts or clamps.
    Connecting structure means the structure joining two cargo tanks.
    Constructed and certified in accordance with the ASME Code means a 
cargo tank is constructed and stamped in accordance with the ASME Code, 
and is inspected and certified by an Authorized Inspector.
    Constructed in accordance with the ASME Code means a cargo tank is 
constructed in accordance with the ASME Code with authorized exceptions 
(see Secs. 178.346, 178.347, and 178.348) and is inspected and 
certified by a Registered Inspector.
    Design type means one or more cargo tanks that are made--
    (1) To the same specification;
    (2) By the same manufacturer;
    (3) To the same engineering drawings and calculations, except for 
minor variations in piping that do not affect the lading retention 
capability of the cargo tank;
    (4) Of the same materials of construction;
    (5) To the same cross-sectional dimensions;
    (6) To a length varying by no more than 5 percent;
    (7) With the volume varying by no more than 5 percent (due to a 
change in length only); and
    (8) For the purposes of Sec. 178.338 only, with the same insulation 
system.
    External self-closing stop valve means a self-closing stop valve 
designed so that

[[Page 63115]]

the self-stored energy source is located outside the cargo tank and the 
welded flange.
    Extreme dynamic loading means the maximum loading a cargo tank 
motor vehicle may experience during its expected life, excluding 
accident loadings resulting from an accident, such as overturn or 
collision.
    Flange means the structural ring for guiding or attachment of a 
pipe or fitting with another flange (companion flange), pipe, fitting, 
or other attachment.
    Inspection pressure means the pressure used to determine leak 
tightness of the cargo tank when testing with pneumatic pressure.
    Internal self-closing stop valve means a self-closing stop valve 
designed so that the self-stored energy source is located inside the 
cargo tank or cargo tank sump, or within the welded flange, and the 
valve seat is located within the cargo tank or within one inch of the 
external face of the welded flange or sump of the cargo tank.
    Lading means the hazardous material contained in a cargo tank.
    Loading/unloading connection means the fitting in the loading/
unloading line farthest from the loading/unloading outlet to which the 
loading/unloading hose, pipe, or device is attached.
    Loading/unloading outlet means a cargo tank outlet used for normal 
loading/unloading operations.
    Loading/unloading stop valve means the stop valve farthest from the 
cargo tank loading/unloading outlet to which the loading/unloading 
connection is attached.
    Manufacturer means any person engaged in the manufacture of a DOT 
specification cargo tank, cargo tank motor vehicle, or cargo tank 
equipment that forms part of the cargo tank wall. This term includes 
attaching a cargo tank to a motor vehicle or to a motor vehicle 
suspension component that involves welding on the cargo tank wall. A 
manufacturer must register in accordance with subpart F of Part 107 of 
this chapter.
    MAWP means the maximum pressure allowed at the top of the tank in 
its normal operating position. The MAWP must be calculated as 
prescribed in Section VIII (Division 1) of the ASME Code (see 
Sec. 171.7 of this subchapter). In use, the MAWP must be greater than 
or equal to the maximum lading pressure conditions prescribed in 
Sec. 173.33 of this subchapter for each material transported.
    Maximum lading pressure. See Sec. 173.33(c) of this subchapter.
    Minimum thickness. See paragraph (d) of this section.
    Multi-specification cargo tank motor vehicle means a cargo tank 
motor vehicle equipped with two or more cargo tanks fabricated to more 
than one cargo tank specification.
    Normal operating loading means the loading a cargo tank motor 
vehicle may be expected to experience routinely in operation.
    Nozzle means a subassembly consisting of a pipe or tubular section 
with or without a welded or forged flange on one end.
    Outlet means any opening in the shell or head of a cargo tank, 
(including the means for attaching a closure), except that the 
following are not outlets: a threaded opening securely closed during 
transportation with a threaded plug or a threaded cap, a flanged 
opening securely closed during transportation with a bolted or welded 
blank flange, a manhole, a gauging device, a thermometer well, or a 
pressure relief device.
    Outlet stop valve means the stop valve at a cargo tank loading or 
unloading outlet.
    Pipe coupling means a fitting with internal threads on both ends.
    Rear bumper means the structure designed to prevent a vehicle or 
object from under-riding the rear of another motor vehicle. See 
Sec. 393.86 of this title.
    Rear-end tank protection device means the structure designed to 
protect a cargo tank and any lading retention piping or devices in case 
of a rear end collision.
    Sacrificial device means an element, such as a shear section, 
designed to fail under a load in order to prevent damage to any lading 
retention part or device. The device must break under strain at no more 
than 70 percent of the strength of the weakest piping element between 
the cargo tank and the sacrificial device. Operation of the sacrificial 
device must leave the remaining piping and its attachment to the cargo 
tank intact and capable of retaining lading.
    Self-closing stop valve means a stop valve held in the closed 
position by means of self-stored energy, that opens only by application 
of an external force and that closes when the external force is 
removed.
    Shear section means a sacrificial device fabricated in such a 
manner as to abruptly reduce the wall thickness of the adjacent piping 
or valve material by at least 30 percent.
    Shell means the circumferential portion of a cargo tank defined by 
the basic design radius or radii excluding the bulkheads.
    Stop valve means a valve that stops the flow of lading.
    Sump means a protrusion from the bottom of a cargo tank shell 
designed to facilitate complete loading and unloading of lading.
    Tank means a container, consisting of a shell and heads, that forms 
a pressure tight vessel having openings designed to accept pressure 
tight fittings or closures, but excludes any appurtenances, 
reinforcements, fittings, or closures.
    Test pressure means the pressure to which a tank is subjected to 
determine pressure integrity.
    Toughness of material means the capability of a material to absorb 
energy represented by the area under a stress strain curve (indicating 
the energy absorbed per unit volume of the material) up to the point of 
rupture.
    Vacuum cargo tank means a cargo tank that is loaded by reducing the 
pressure in the cargo tank to below atmospheric pressure.
    Variable specification cargo tank means a cargo tank that is 
constructed in accordance with one specification, but that may be 
altered to meet another specification by changing relief device, 
closures, lading discharge devices, and other lading retention devices.
    Void means the space between tank heads or bulkheads and a 
connecting structure.
    Welded flange means a flange attached to the tank by a weld joining 
the tank shell to the cylindrical outer surface of the flange, or by a 
fillet weld joining the tank shell to a flange shaped to fit the shell 
contour.
    (b) * * * (1) Each cargo tank or cargo tank motor vehicle design 
type and each accident damage protection device design must be 
certified to be in conformance with the specification requirements by a 
Design Certifying Engineer who is registered in accordance with Subpart 
F of part 107 of this chapter.
* * * * *
    (d) Shell and head thickness. The minimum required shell and head 
thickness for a cargo tank is specific to the hazardous material 
transported and is the least of the following:
    (1) The minimum thickness for a specific hazardous material as 
required by the special provisions specified in column 7 in the 
Sec. 172.101 Hazardous Materials Table and the requirements of Part 173 
of this subchapter as specified in column 8c in the same table;
    (2) The thickness as calculated or specified in the applicable 
specification; or
    (3) For MC 300, MC 301, MC 302, MC 303, MC 304, MC 305, MC 306, MC 
307, MC 310, MC 311, or MC 312 cargo tanks, the in-service minimum 
thickness

[[Page 63116]]

prescribed in Tables I and II of Sec. 180.407(i)(5) of this subchapter, 
for the minimum thickness specified by Tables I and II of the 
applicable specification(s).
    19-20. In Sec. 178.337-3, paragraph (g) would be revised to read as 
follows:


Sec. 178.337-3  Structural integrity.

* * * * *
    (g) The design, construction, and installation of an attachment, 
appurtenance to the cargo tank, structural support member between the 
cargo tank and the vehicle or suspension component, or accident 
protection device must conform to the following requirements:
    (1) Structural members, the suspension sub-frame, accident 
protection structures, and external circumferential reinforcement 
devices must be used as sites for attachment of appurtenances and other 
accessories to the cargo tank, when practicable.
    (2) A lightweight attachment to the cargo tank wall such as a 
conduit clip, brake line clip, skirting structure, lamp mounting 
bracket, or placard holder must be of a construction having lesser 
strength than the cargo tank wall materials and may not be more than 72 
percent of the thickness of the material to which it is attached. The 
lightweight attachment may be secured directly to the cargo tank wall 
if the device is designed and installed in such a manner that, if 
damaged, it will not affect the lading retention integrity of the tank. 
A lightweight attachment must be secured to the cargo tank shell or 
head by a continuous weld or in such a manner as to preclude formation 
of pockets which may become sites for corrosion. Attachments meeting 
the requirements of this paragraph (g)(2) are not authorized for cargo 
tanks constructed under part UHT, Section VIII (Division 1) of the ASME 
Code (see Sec. 171.7 of this subchapter).
    (3) Except as prescribed in paragraphs (g)(1) and (g)(2) of this 
section, the welding of any appurtenance, accident protection device, 
or structural support member to the cargo tank wall must be made by 
attachment of a mounting pad so that there will be no adverse effect 
upon the lading retention integrity of the cargo tank if any force less 
than that prescribed in paragraph (b)(1) of this section is applied 
from any direction. The thickness of the mounting pad may not be less 
than that of the shell wall or head wall to which it is attached, and 
not more than 1.5 times the shell or head thickness. However, a pad 
with a minimum thickness of 0.25 inch may be used when the shell or 
head thickness is over 0.25 inch. If weep holes or tell-tale holes are 
used, the pad must be drilled or punched at the lowest point before it 
is welded to the tank. Each pad must--
    (i) Be fabricated from material determined to be suitable for 
welding to both the cargo tank material and the material of the 
appurtenance or structural support member; a Design Certifying Engineer 
must make this determination considering chemical and physical 
properties of the materials and must specify filler material conforming 
to the requirements of Section VIII (Division 1) of the ASME Code (see 
Sec. 171.7 of this subchapter).
    (ii) Be preformed to an inside radius no greater than the outside 
radius of the cargo tank at the attachment location.
    (iii) Extend at least 2 inches in each direction from any point of 
attachment of an appurtenance or structural support member. This 
dimension may be measured from the center of the attached structural 
member.
    (iv) Have rounded corners, or otherwise be shaped in a manner to 
minimize stress concentrations on the shell or head.
    (v) Be attached by continuous fillet welding. Any fillet weld 
discontinuity may only be for the purpose of preventing an intersection 
between the fillet weld and a tank or jacket seam weld.
    21. In Sec. 178.337-8, paragraph (a)(5)(iii) would be revised to 
read as follows:


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

    (a) * * *
    (5) * * *
    (iii) A cargo tank motor vehicle used to transport refrigerated 
liquids such as argon, carbon dioxide, helium, krypton, neon, nitrogen, 
and xenon, or mixtures thereof.
* * * * *
    22. In Sec. 178.337-9, (b)(2) would be revised and paragraph (b)(5) 
would be removed and reserved, to read as follows:


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

* * * * *
    (b) * * *
    (2) Pipe joints must be threaded, welded, or flanged. If threaded 
pipe is used, the pipe and fittings must be Schedule 80 weight or 
heavier. Malleable steel or ductile iron must be used in the 
construction of primary valves and fittings used in liquid filling or 
vapor equalization. Where copper tubing is permitted, joints must be 
brazed or be of equally strong metal union type. The melting point of 
the brazing material may not be lower than 538 deg.C (1000 deg.F). The 
method of joining tubing may not reduce the strength of the tubing.
* * * * *
    23. In Sec. 178.337-10, the section heading and paragraphs (c) and 
(d) would be revised, and paragraphs (e) and (f) would be added, to 
read as follows:


Sec. 178.337-10  Accident damage protection.

* * * * *
    (c) Rear-end protection. Rear-end protection devices must:
    (1) Consist of at least one rear bumper designed to protect the 
cargo tank and piping in the event of a rear end collision. The bumper 
design must transmit the force of the collision directly to the chassis 
of the vehicle. The rear bumper and its attachments to the chassis must 
be designed to withstand a load equal to twice the weight of the loaded 
cargo tank and attachments, using a safety factor of four based on the 
tensile strength of the materials used, with such load being applied 
horizontally and parallel to the major axis of the cargo tank, or 
within 30 horizontal degrees thereof. The rear bumper dimensions must 
meet the requirements of Sec. 393.86 of this title and extend 
vertically to a height adequate to protect all valves and fittings 
located at the rear of the cargo tank from damage that could result in 
loss of lading; or
    (2) Conform to the requirements of Sec. 178.345-8.
    (d) Chlorine tanks. A chlorine tank must be equipped with a 
protective housing and a manway cover to permit the use of standard 
emergency kits for controlling leaks in fittings on the dome cover 
plate. The housing and manway cover must conform to the Chlorine 
Institute's Standards for Housing and Manway Covers for Steel Cargo 
Tanks, Dwg. 137-3 (see Sec. 171.7 of this subchapter).
    (e) Piping and fittings. Piping and fittings must be grouped in the 
smallest practicable space and protected from damage as required in 
this section.
    (f) Shear section. Shear sections or sacrificial devices are 
required on the following attachments:
    (1) A section that will break under undue strain must be provided 
adjacent to or outboard of each valve specified in Sec. 178.337-8(a)(3) 
and (4).
    (2) Internal self-closing stop valves, excess flow valves and check 
valves must be protected by a shear section or other sacrificial 
device. The sacrificial device must be located in the piping system 
outboard of the stop valve and within the accident damage protection to 
prevent any accidental loss of lading. The device must break at no more 
than

[[Page 63117]]

70 percent of the load that would be required to cause the failure of 
the protected lading retention device, part or cargo tank wall. The 
failure of the sacrificial device must leave the protected lading 
retention device and its attachment to the cargo tank wall intact and 
capable of retaining product.


Sec. 178.337-12  [Removed and Reserved]

    24. Section 178.337-12 would be removed and reserved.
    25. Section 178.337-13 would be revised to read as follows:


Sec. 178.337-13  Supporting and anchoring.

    (a) A cargo tank that is not permanently attached to or integral 
with a vehicle chassis must be secured by the use of restraining 
devices designed to prevent relative motion between the cargo tank and 
the vehicle chassis when the vehicle is in operation. Such restraining 
devices must be readily accessible for inspection and maintenance.
    (b) On a cargo tank motor vehicle designed and constructed so that 
the cargo tank constitutes in whole or in part the structural member 
used in place of a motor vehicle frame, the cargo tank must be 
supported by external cradles. A cargo tank mounted on a motor vehicle 
frame must be supported by external cradles or longitudinal members. 
Where used, the cradles must subtend at least 120 degrees of the shell 
circumference.
    (c) The design calculations of the support elements must satisfy 
the requirements of Sec. 178.337-3, (a), (b), (c), and (d).
    (d) Where any cargo tank support is attached to any part of a cargo 
tank head, the stresses imposed upon the head must be provided for as 
required in paragraph (b) of this section.
    (e) After [Effective Date of Final Rule], no cargo tank structural 
support member or rear-end protection device may be welded directly to 
the cargo tank wall. Mounting pads must be used and conform to the 
requirements of Sec. 178.337-3(g).
    26. In Sec. 178.337-17, paragraph (a) would be revised to read as 
follows:


Sec. 178.337-17  Marking.

    (a) Metal identification plate. Each cargo tank certified after 
[Effective Date of Final Rule] must have a corrosion resistant metal 
plate permanently attached to the cargo tank by brazing, welding, or 
other suitable means on the left side near the front, in a place 
accessible for inspection. It must be maintained in a legible 
condition. Each insulated cargo tank must have an additional plate, as 
described, attached to the jacket in the location specified. If the 
plate is attached directly to the cargo tank wall by welding it must be 
welded thereto before the cargo tank is postweld heat treated. The 
plate must be legibly marked by stamping, embossing, or other means of 
forming letters into the metal of the plate, with the following 
information, in addition to that required by the ASME Code, in 
characters at least \3/16\ inch high (parenthetical abbreviations may 
be used):
    (1) DOT-specification number MC 331 (DOT MC 331);
    (2) Original test date (Orig. Test Date) month and year;
    (3) MAWP in psig;
    (4) Cargo tank test pressure (Test P), in psig;
    (5) Cargo tank design temperature (Design Temp. Range) __ deg.F to 
__ deg.F;
    (6) Cargo tank motor vehicle manufacturer (CTMV mfr.);
    (7) Cargo tank motor vehicle certification date (CTMV cert. date), 
if different from the cargo tank certification date;
    (8) Cargo tank manufacturer (CT Mfr.);
    (9) Cargo tank manufacture date (CT date Mfr.);
    (10) Cargo tank certification date (CT cert. date);
    (11) Material specification number--shell (Shell matl, yyy***), 
where ``yyy'' is replaced by the alloy designation and ``***'' is 
replaced by the alloy type;
    (12) Material specification number--heads (Head matl, yyy***), 
where ``yyy'' is replaced by the alloy designation and ``***'' is 
replaced by the alloy type. Note--When the shell and head materials are 
the same thickness, they may be combined (Shell & head matl, yyy***);
    (13) Maximum weight of lading (Max. Payload) in pounds;
    (14) Exposed surface area in feet;
    (15) Nominal capacity (Water Cap.), in pounds;
    (16) Maximum design density of lading (Max. lading density), in 
pounds per gallon;
    (17) Weld material (Weld matl.);
    (18) Minimum Thickness--shell (Min. Shell-thick), in inches. When 
minimum shell thicknesses are not the same for different areas, show 
(top __, side __, bottom __, in inches). Parenthetical abbreviations 
noted in this paragraph (a) are permitted;
    (19) Manufactured Thickness--shell (Mfg. Shell-thick), in inches. 
When manufactured shell thicknesses are not the same for different 
areas, show (top __, side __, bottom __, in inches). Parenthetical 
abbreviations noted in this paragraph (a) are permitted;
    (20) Minimum Thickness--head (Min. Head-thick), in inches;
    (21) Manufactured Thickness--head (Mfg. Head-thick), in inches;
    (22) Lining Material (Lining), if applicable;
    (23) Heating system design pressure (Heating sys. press.) in psig, 
if applicable;
    (24) Heating system design temperature (Heating sys. temp.) in 
deg.F, if applicable.

    Note 1 to Paragraph (a): See Sec. 173.315(a) of this chapter 
regarding water capacity.


    Note 2 to Paragraph (a): When the shell and head materials are 
the same thickness, they may be combined (Shell & head matl, 
yyy***).

* * * * *
    27. In Sec. 178.337-18, paragraphs (a)(3) and (a)(4) would be 
redesignated as paragraphs (a)(5) and (a)(6) respectively, and new 
paragraphs (a)(3) and (a)(4) would be added to read as follows:


Sec. 178.337-18  Certification.

    (a) * * *
    (3) When a cargo tank motor vehicle is manufactured in two or more 
stages, each manufacturer who performs a manufacturing function or 
portion thereof on the incomplete cargo tank motor vehicle must provide 
to the succeeding manufacturer, at or before the time of delivery, a 
certificate that states the function performed by the manufacturer, 
including any certificates received from previous manufacturers, 
Registered Inspectors, and Design Certifying Engineers.
    (4) Specification shortages. When a cargo tank motor vehicle is 
manufactured in two or more stages, the manufacturer of the cargo tank 
must attach the name plate and specification plate as required by 
Sec. 178.337-17(a) and (b) without the original date of certification 
stamped on the specification plate. The manufacturer must list the 
specification requirements that are not completed on the manufacturer's 
Certificate of Compliance. When the cargo tank motor vehicle is brought 
into full compliance with the applicable specification, the Registered 
Inspector must stamp the date of certification on the specification 
plate and issue a Certificate of Compliance to the owner of the cargo 
tank motor vehicle. The Certificate of Compliance must list the actions 
taken to bring the cargo tank motor vehicle into full compliance. In 
addition, the certificate must include the date of certification and 
the person (manufacturer, carrier or repair organization) accomplishing 
compliance.
* * * * *

[[Page 63118]]

    28. In Sec. 178.338-2, paragraph (c) would be revised to read as 
follows:


Sec. 178.338-2  Material.

* * * * *
    (c) Impact tests are required on all tank materials, except 
materials that are excepted from impact testing by the ASME Code, and 
must be performed using the procedure prescribed in Section VIII 
(Division 1) of the ASME Code (see Sec. 171.7 of this subchapter).
* * * * *
    29. In Sec. 178.338-3, paragraph (g) would be revised to read as 
follows:


Sec. 178.338-3  Structural integrity.

* * * * *
    (g) The design, construction and installation of an attachment, 
appurtenance to the cargo tank or structural support member between the 
cargo tank and the vehicle or suspension component or accident 
protection device must conform to the following requirements:
    (1) Structural members, the suspension subframe, accident 
protection structures and external circumferential reinforcement 
devices must be used as sites for attachment of appurtenances and other 
accessories to the cargo tank, when practicable.
    (2) A lightweight attachment to the cargo tank wall such as a 
conduit clip, brakeline clip, skirting structure, lamp mounting 
bracket, or placard holder must be of a construction having lesser 
strength than the cargo tank wall materials and may not be more than 72 
percent of the thickness of the material to which it is attached. The 
lightweight attachment may be secured directly to the cargo tank wall 
if the device is designed and installed in such a manner that, if 
damaged, it will not affect the lading retention integrity of the tank. 
A lightweight attachment must be secured to the cargo tank shell or 
head by a continuous weld or in such a manner as to preclude formation 
of pockets that may become sites for corrosion. Attachments meeting the 
requirements of this paragraph (g)(2) are not authorized for cargo 
tanks constructed under part UHT, Section VIII (Division 1) of the ASME 
Code (see Sec. 171.7 of this subchapter).
    (3) Except as prescribed in paragraphs (g)(1) and (g)(2) of this 
section, the welding of any appurtenance or structural support member 
to the cargo tank wall must be made by attachment of a mounting pad so 
that there will be no adverse effect upon the lading retention 
integrity of the cargo tank if any force less than that prescribed in 
paragraph (b)(1) of this section is applied from any direction. The 
thickness of the mounting pad may not be less than that of the shell or 
head to which it is attached, and not more than 1.5 times the shell or 
head thickness. However, a pad with a minimum thickness of 0.187 inch 
may be used when the shell or head thickness is over 0.187 inch. If 
weep holes or tell-tale holes are used, the pad must be drilled or 
punched at the lowest point before it is welded to the tank. Each pad 
must:
    (i) Be fabricated from material determined to be suitable for 
welding to both the cargo tank material and the material of the 
appurtenance or structural support member; a Design Certifying Engineer 
must make this determination considering chemical and physical 
properties of the materials and must specify filler material conforming 
to the requirements of Section VIII (Division 1) of the ASME Code (see 
Sec. 171.7 of this subchapter).
    (ii) Be preformed to an inside radius no greater than the outside 
radius of the cargo tank at the attachment location.
    (iii) Extend at least 2 inches in each direction from any point of 
attachment of an appurtenance or structural support member. This 
dimension may be measured from the center of the attached structural 
member.
    (iv) Have rounded corners, or otherwise be shaped in a manner to 
minimize stress concentrations on the shell or head.
    (v) Be attached by continuous fillet welding. Any fillet weld 
discontinuity may only be for the purpose of preventing an intersection 
between the fillet weld and a tank or jacket seam weld.
    30. In Sec. 178.338-10, the section heading and paragraph (c) would 
be revised to read as follows:


Sec. 178.338-10  Accident damage protection.

* * * * *
    (c) Rear-end protection. Rear-end protections devices must:
    (1) Consist of at least one rear bumper designed to protect the 
cargo tank and piping in the event of a rear-end collision. The rear-
end tank protection device design must transmit the force of the 
collision directly to the chassis of the vehicle. The rear-end tank 
protection device and its attachments to the chassis must be designed 
to withstand a load equal to twice the weight of the loaded cargo tank 
and attachments, using a safety factor of four based on the tensile 
strength of the materials used, with such load being applied 
horizontally and parallel to the major axis of the cargo tank, or 
within 30 horizontal degrees thereof. The rear-end tank protection 
device dimensions must meet the requirements of Sec. 393.86 of this 
title and extend vertically to a height adequate to protect all valves 
and fittings located at the rear of the cargo tank from damage that 
could result in loss of lading; or
    (2) Conform to the requirements of Sec. 178.345-8.
* * * * *
    31. In Sec. 178.338-11, paragraph (c) would be revised to read as 
follows:


Sec. 178.338-11  Discharge control devices.

* * * * *
    (c) Except for a cargo tank that is used to transport argon, carbon 
dioxide, helium, krypton, neon, nitrogen, xenon, or mixtures thereof, 
each liquid filling and liquid discharge line must be provided with an 
on-vehicle remotely controlled self-closing shutoff valve.
    (1) If pressure from a reservoir or from an engine-driven pump or 
compressor is used to open this valve, the control must be of fail-safe 
design and spring-biased to stop the admission of such pressure into 
the cargo tank. If the jacket is not evacuated, the seat of the valve 
must be inside the tank, in the opening nozzle or flange, or in a 
companion flange bolted to the nozzle. If the jacket is evacuated, the 
remotely controlled valve must be located as close to the tank as 
practicable.
    (2) Each remotely controlled shut off valve must be provided with 
on-vehicle remote means of automatic closure, both mechanical and 
thermal. One means may be used to close more than one remotely 
controlled valve. Cable linkage between closures and remote operators 
must be corrosion resistant and effective in all types of environment 
and weather. The thermal means must consist of fusible elements 
actuated at a temperature not exceeding 121 deg.C (250 deg. F), or 
equivalent devices. The loading/unloading connection area is where 
hoses are connected to the permanent metal piping. The number and 
location of remote operators and thermal devices shall be as follows:
    (i) On a cargo tank motor vehicle over 3,500 gallons water 
capacity, remote means of automatic 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 these locations, at least one additional 
thermal device must be installed so that heat from a fire in the 
loading/unloading connection area will activate the emergency control 
system.
    (ii) On a cargo tank motor vehicle of 3,500 gallons water capacity 
or less, at least one remote means of automatic closure must be 
installed on the end of the cargo tank farthest away from the

[[Page 63119]]

loading/unloading connection area. At least one thermal device must be 
installed so that heat from a fire in the loading/unloading connection 
area will activate the emergency control system.
    32. Section 178.338-13 would be revised to read as follows:


Sec. 178.338-13  Supporting and anchoring.

    (a) On a cargo tank motor vehicle designed and constructed so that 
the cargo tank constitutes in whole or in part the structural member 
used in place of a motor vehicle frame, the cargo tank or the jacket 
must be supported by external cradles or by load rings. For a cargo 
tank mounted on a motor vehicle frame, the tank or jacket must be 
supported by external cradles, load rings, or longitudinal members. If 
cradles are used, they must subtend at least 120 degrees of the cargo 
tank circumference. The design calculations for the supports and load-
bearing tank or jacket, and the support attachments must include beam 
stress, shear stress, torsion stress, bending moment, and acceleration 
stress for the loaded vehicle as a unit, using a safety factor of four, 
based on the tensile strength of the material, and static loading that 
uses the weight of the cargo tank and its attachments when filled to 
the design weight of the lading (see Appendix G of Section VIII, 
Division 1 of the ASME Code), multiplied by the following specified 
factors in paragraphs (a)(1) and (2) of this section. The effects of 
fatigue must also be considered in the calculations. Minimum static 
loadings must be as follows:
    (1) For a vacuum-insulated cargo tank--
    (i) Vertically downward of 2;
    (ii) Vertically upward of 2;
    (iii) Longitudinally of 2; and
    (iv) Laterally of 2.
    (2) For any other insulated cargo tank--
    (i) Vertically downward of 3;
    (ii) Vertically upward of 2;
    (iii) Longitudinally of 2; and
    (iv) Laterally of 2.
    (b) When a loaded tank is supported within the vacuum jacket by 
structural members, the design calculations for the tank and its 
structural members must be based on a safety factor of four and the 
tensile strength of the material at ambient temperature. The enhanced 
tensile strength of the material at actual operating temperature may be 
substituted for the tensile strength at ambient temperature to the 
extent recognized in the ASME Code for static loadings. Static loadings 
must take into consideration the weight of the tank and the structural 
members when the tank is filled to the design weight of lading (see 
Appendix G of Section VIII, Division 1 of the ASME Code), multiplied by 
the factors specified in paragraphs (b)(1) through (4) of this section. 
When load rings in the jacket are used for supporting the tank, they 
must be designed to carry the fully loaded tank at the following 
specified factors in paragraphs (b)(1) through (4) of this section for 
static loadings, and external pressure. Minimum static loadings must be 
as follows:
    (1) Vertically downward of 2;
    (2) Vertically upward of 1\1/2\;
    (3) Longitudinally of 1\1/2\; and
    (4) Laterally of 1\1/2\.
    (c) No cargo tank structural support member or rear-end protection 
device may be welded directly to the cargo tank wall. Mounting pads 
must conform to the requirements of Sec. 178.338-3(g).
    33. In Sec. 178.338-18, paragraph (a) would be revised to read as 
follows:


Sec. 178.338-18  Marking.

    (a) Metal identification plate. Each cargo tank certified after 
[Effective Date of Final Rule] must have a corrosion-resistant metal 
plate permanently attached to the cargo tank by brazing, welding, or 
other suitable means on the left side near the front, in a place 
accessible for inspection. It must be maintained in a legible 
condition. Each insulated cargo tank must have an additional plate, as 
described, attached to the jacket in the location specified. If the 
plate is attached directly to the cargo tank wall by welding, it must 
be welded thereto before the cargo tank is postweld heat treated. The 
plate must be legibly marked by stamping, embossing, or other means of 
forming letters into the metal of the plate, with the following 
information (all parenthetical abbreviations noted in this paragraph 
(a) may be used), in addition to that required by Section VIII 
(Division 1) of the ASME Code (see Sec. 171.7 of this subchapter), in 
characters at least 3/16 inch high:
    (1) DOT-specification number MC 338 (DOT MC 338);
    (2) Original test date (Orig. Test Date) month and year;
    (3) Tank MAWP in psig;
    (4) Cargo tank test pressure (Test P), in psig;
    (5) Cargo tank design temperature (Design Temp. Range)__ deg.F 
to__ deg.F;
    (6) Cargo tank motor vehicle manufacturer (CTMV mfr.);
    (7) Cargo tank motor vehicle certification date (CTMV cert. date), 
if different from the cargo tank certification date;
    (8) Cargo tank manufacturer (CT Mfr.);
    (9) Cargo tank manufacture date (CT date Mfr.);
    (10) Cargo tank certification date (CT cert. date);
    (11) Material specification number--shell (Shell matl, yyy***), 
where ``yyy'' is replaced by the alloy designation and ``***'' is 
replaced by the alloy type;
    (12) Material specification number--heads (Head matl, yyy***), 
where ``yyy'' is replaced by the alloy designation and ``***'' is 
replaced by the alloy type;
    (13) Maximum weight of lading (Max. Payload) in pounds;
    (14) Exposed surface area in feet;
    (15) Nominal capacity (Water Cap.), in pounds net at 60  deg.F., 
with the tank at its coldest operating temperature, after deduction for 
the volume above the inlet to the pressure relief device or pressure 
control valve, structural members, baffles, piping, and other 
appurtenances inside the tank;
    (16) Maximum design density of lading (Max. lading density), in 
pounds per gallons;
    (17) Weld material (Weld matl.);
    (18) Minimum Thickness--shell (Min. Shell-thick), in inches. When 
minimum shell thicknesses are not the same for different areas, show 
(top __, side __, bottom __, in inches);
    (19) Manufactured Thickness--shell (Mfg. Shell-thick), in inches. 
When manufactured shell thicknesses are not the same for different 
areas, show (top __, side __, bottom __, in inches);
    (20) Minimum Thickness--head (Min. Head-thick), in inches;
    (21) Manufactured Thickness--head (Mfg. Head-thick), in inches;
    (22) Lining Material (Lining), if applicable;
    (23) ``Insulation for Oxygen Service'' or ``Not Authorized for 
Oxygen Service,'' as appropriate;
    (24) Marked rated holding time for at least one cryogenic liquid, 
in hours, and the name of that cryogenic liquid (MRHT __ hrs, name of 
cryogenic liquid). MRHT markings for additional cryogenic liquids may 
be displayed on or adjacent to the specification plate.

    Note 1 to Paragraph (a): When the shell and head materials are 
the same thickness, they may be combined (Shell & head matl, 
yyy***).

* * * * *
    34. In Sec. 178.345-1, paragraph (c) would be revised and paragraph 
(k) would be removed to read as follows:


Sec. 178.345-1  General requirements.

* * * * *
    (c) Definitions. See Sec. 178.320(a) for the definition of certain 
terms used in Secs. 178.345, 178.346, 178.347 and 178.348.
* * * * *
    35-36. In Sec. 178.345-2, paragraph (b) would be revised to read as 
follows:

[[Page 63120]]

Sec. 178.345-2  Material and material thickness.

* * * * *
    (b) Minimum thickness. The minimum thickness for the shell and 
heads (or baffles and bulkheads when used as tank reinforcement) must 
be no less than that determined under criteria for minimum thickness 
specified in Sec. 178.320(d).
* * * * *
    37. In Sec. 178.345-3, paragraph (b)(3) would be added and 
paragraph (f) would be revised to read as follows:


Sec. 178.345-3  Structural integrity.

* * * * *
    (b) * * *
    (3) Cargo tank designers, manufacturers, owners, and users must 
consider all of the conditions specified in Sec. 173.33(c) of this 
subchapter when matching a cargo tank's performance characteristic to 
the characteristic of each lading transported.
* * * * *
    (f) The design, construction, and installation of an attachment, 
appurtenance to a cargo tank, structural support member between the 
cargo tank and the vehicle or suspension component must conform to the 
following requirements:
    (1) Structural members, the suspension sub-frame, accident 
protection structures and external circumferential reinforcement 
devices must be used as sites for attachment of appurtenances and other 
accessories to the cargo tank, when practicable.
    (2) A lightweight attachment to a cargo tank wall such as a conduit 
clip, brake line clip, skirting structure, lamp mounting bracket, or 
placard holder must be of a construction having lesser strength than 
the cargo tank wall materials and may not be more than 72 percent of 
the thickness of the material to which it is attached. The lightweight 
attachment may be secured directly to the cargo tank wall if the device 
is designed and installed in such a manner that, if damaged, it will 
not affect the lading retention integrity of the tank. A lightweight 
attachment must be secured to the cargo tank shell or head by 
continuous weld or in such a manner as to preclude formation of pockets 
which may become sites for corrosion.
    (3) Except as prescribed in paragraphs (f)(1) and (f)(2) of this 
section, the welding of any appurtenance or structural support member 
to the cargo tank wall must be made by attachment of a mounting pad so 
that there will be no adverse effect upon the lading retention 
integrity of the cargo tank if any force less than that prescribed in 
paragraph (b)(1) of this section is applied from any direction. The 
thickness of the mounting pad may not be less than that of the shell or 
head to which it is attached, and not more than 1.5 times the shell or 
head thickness. However, a pad with a minimum thickness of 0.187 inch 
may be used when the shell or head thickness is over 0.187 inch. If 
weep holes or tell-tale holes are used, the pad must be drilled or 
punched at the lowest point before it is welded to the tank. Each pad 
must:
    (i) Be fabricated from material determined to be suitable for 
welding to both the cargo tank material and the material of the 
appurtenance or structural support member; a Design Certifying Engineer 
must make this determination considering chemical and physical 
properties of the materials and must specify filler material conforming 
to the requirements of Section VIII (Division 1) of the ASME Code (see 
Sec. 171.7 of this subchapter).
    (ii) Be preformed to an inside radius no greater than the outside 
radius of the cargo tank at the attachment location.
    (iii) Extend at least 2 inches in each direction from any point of 
attachment of an appurtenance or structural support member. This 
dimension may be measured from the center of the structural member 
attached.
    (iv) Have rounded corners, or otherwise be shaped in a manner to 
minimize stress concentrations on the shell or head.
    (v) Be attached by continuous fillet welding. Any fillet weld 
discontinuity may only be for the purpose of preventing an intersection 
between the fillet weld and the tank or jacket seam weld.
    38. In Sec. 178.345-5, paragraph (e) introductory text would be 
revised to read as follows:


Sec. 178.345-5  Manhole assemblies.

* * * * *
    (e) On cargo tank motor vehicles manufactured after [One Year From 
Effective Date of Final Rule], each manhole assembly must be 
permanently marked on the outside by stamping or other means in a ready 
visible location, with:
* * * * *
    39. In Sec. 178.345-8, paragraphs (a)(5) and (d) introductory text 
would be revised to read as follows:


Sec. 178.345-8  Accident damage protection.

    (a) * * *
    (5) Minimum road clearance. The minimum road clearance of any cargo 
tank motor vehicle component or protection device located between any 
two adjacent axles on a vehicle or vehicle combination must be at least 
one-half inch for each foot separating the component or device from the 
nearest axle of the adjacent pair, but in no case less than twelve (12) 
inches, except that the minimum road clearance for landing gear within 
ten (10) feet of an axle must be no less than ten (10) inches.
* * * * *
    (d) Rear-end protection. Each cargo tank motor vehicle must be 
provided with a rear-end tank protection device to protect the cargo 
tank and piping in the event of a rear-end collision and reduce the 
likelihood of damage that could result in the loss of lading. Nothing 
in this paragraph relieves the manufacturer of responsibility for 
complying with the requirements of Sec. 393.86 of this title and, if 
applicable, paragraph (b) of this section. The rear-end tank protection 
device must conform to the following requirements:
* * * * *
    40. In Sec. 178.345-10, paragraph (a) and the last sentence in 
paragraph (b)(3)(i) would be revised to read as follows:


Sec. 178.345-10  Pressure relief.

    (a) Each cargo tank must be equipped to relieve pressure and vacuum 
conditions in conformance with this section and the applicable 
individual specification. The pressure and vacuum relief system must be 
designed to operate and have sufficient capacity to prevent cargo tank 
rupture or collapse due to over-pressurization or vacuum resulting from 
loading, unloading, or from heating and cooling of lading. Pressure 
relief systems are not required to conform to the ASME Code.
    (b) * * *
    (3) * * *
    (i) * * *. An acceptable method is outlined in TTMA RP No. 81-97 
``Performance of Spring Loaded Pressure Relief Valves on MC 306, MC 
307, MC 312, DOT 406, DOT 407, and DOT 412 Tanks'' (see Sec. 171.7 of 
this subchapter).
* * * * *
    41. In Sec. 178.345-13, paragraph (a) would be revised to read as 
follows:


Sec. 178.345-13  Pressure and leakage tests.

    (a) Each cargo tank must be pressure and leakage tested in 
accordance with this section and Sec. 178.346-5, Sec. 178.347-5, or 
Sec. 178.348-5.
* * * * *
    42. In Sec. 178.345-14, paragraphs (b)(1), (c)(6) and (c)(7) would 
be revised to read as follows:


Sec. 178.345-14  Marking.

* * * * *
    (b) * * *

[[Page 63121]]

    (1) DOT-specification number DOT XXX (DOT XXX) where ``XXX'' is 
replaced with the applicable specification number. For cargo tanks 
having a variable specification plate, the DOT-specification number is 
replaced with the words ``See variable specification plate.''
* * * * *
    (c) * * *
    (6) Maximum loading rate in gallons per minute (Max. load rate, 
G.P.M.).
    (7) Maximum unloading rate in gallons per minute (Max. unload rate, 
GPM).
* * * * *


Sec. 178.346-1  [Amended]

    43. In Sec. 178.346-1, the following changes would be made:
    a. In paragraph (d)(6), the reference to ``Sec. 178.345-10'' would 
be revised to read ``Sec. 178.346-3''.
    b. In paragraph (d)(7), the reference to ``Sec. 178.345-13'' would 
be revised to read ``Sec. 178.346-5''.
    44. In Sec. 178.346-2, the introductory text and the titles to 
Table I and Table II would be revised to read as follows:


Sec. 178.346-2  Material and thickness of material.

    The type and thickness of material for DOT 406 specification cargo 
tanks must conform to Sec. 178.345-2, but in no case may the thickness 
be less than that determined by the minimum thickness requirements in 
Sec. 178.320(d). The following Tables I and II identify the specified 
minimum thickness values to be employed in that determination:

Table I.--Specified Minimum Thickness of Heads (or Bulkheads and 
Baffles When Used as Tank Reinforcement) Using Mild Steel (MS), 
High Strength Low Alloy Steel (HSLA), Austenitic Stainless Steel 
(SS), or Aluminum (AL)--Expressed in Decimals of an Inch After 
Forming

* * * * *

Table II.--Specified Minimum Thickness of Shell Using Mild Steel 
(MS), High Strength Low Alloy Steel (HSLA), Austenitic Stainless 
Steel (SS), or Aluminum (AL)--Expressed in Decimals of an Inch 
After Forming \1\

* * * * *
---------------------------------------------------------------------------

    \1\ Maximum distance between bulkheads, baffles, or ring 
stiffeners shall not exceed 60 inches.
---------------------------------------------------------------------------

    45. In Sec. 178.346-5, paragraph (c) would be revised to read as 
follows:


Sec. 178.346-5  Pressure and leakage tests.

* * * * *
    (c) Leakage test. A cargo tank used to transport a petroleum 
distillate fuel that is equipped with vapor recovery equipment may be 
leakage tested in accordance with 40 CFR 63.425(e). To satisfy the 
leakage test requirements of this paragraph (c), the test specified in 
40 CFR 63.425(e)(1) must be conducted using air. The hydrostatic test 
alternative permitted under Appendix A to 40 CFR part 60 (``Method 27--
Determination of Vapor Tightness of Gasoline Delivery Tank Using 
Pressure-Vacuum Test'') may not be used to satisfy the leakage test 
requirements of this paragraph (c). A cargo tank tested in accordance 
with 40 CFR 63.425(e) must be marked as specified in Sec. 180.415 of 
this subchapter.
    46. In Sec. 178.347-1, the following changes would be made:
    a. Paragraph (c) would be revised.
    b. In paragraph (d)(5), the reference to ``Secs. 178.345-5 and 
178.347-5'' would be revised to read ``Sec. 178.347-3''.
    c. In paragraph (d)(6), the reference to ``Sec. 178.345-10'' would 
be revised to read ``Sec. 178.347-4''.
    d. In paragraph (d)(7), the reference to ``Sec. 178.345-13'' would 
be revised to read ``Sec. 178.347-5''.
    e. Paragraph (d)(9) would be added.
    The addition and revision would read as follows:


Sec. 178.347-1  General requirements.

* * * * *
    (c) Any cargo tank built to this specification with a MAWP greater 
than 35 psig and each tank designed to be loaded by vacuum must be 
``constructed and certified in conformance with the ASME Code''. The 
external design pressure for a cargo tank loaded by vacuum must be at 
least 15 psig.
    (d) * * *
    (9) The strength of a weld seam in a bulkhead that has not been 
radiographically examined shall be 0.85 of the strength of the bulkhead 
under the following conditions:
    (i) The welded seam must be a full penetration butt weld.
    (ii) No more than one seam may be used per bulkhead.
    (iii) The welded seam must be completed before forming the dish 
radius and knuckle radius.
    (iv) Compliance test: Two test specimens of materials 
representative of those to be used in the manufacture of a cargo tank 
bulkhead must be tested to failure in tension. The test specimen must 
be of the same thickness and joined by the same welding procedure. The 
test specimens may represent all the tanks that are made in the same 
facility within 6 months after the tests are completed. Before welding, 
the fit-up of the joints on the test specimens must represent 
production conditions that would result in the least joint strength. 
Evidence of joint fit-up and test results must be retained at the 
manufacturers' facility for at least 5 years.
    (v) Acceptance criteria: The ratio of the actual tensile stress at 
failure to the actual tensile strength of the adjacent material of all 
samples of a test lot must be greater than 0.85.
    47-48. In Sec. 178.347-2, paragraph (a) introductory text and the 
titles to Table I and Table II would be revised to read as follows:


Sec. 178.347-2  Material and thickness of material.

    (a) The type and thickness of material for DOT 407 specification 
cargo tanks must conform to Sec. 178.345-2, but in no case may the 
thickness be less than that determined by the minimum thickness 
requirements in Sec. 178.320(d). The following Tables I and II identify 
the specified minimum thickness values to be employed in that the 
determination:

Table I.--Specified Minimum Thickness of Heads (or Bulkheads and 
Baffles When Used as Tank Reinforcement) Using Mild Steel (MS), 
High Strength Low Alloy Steel (HSLA), Austenitic Stainless Steel 
(SS), or Aluminum (AL)--Expressed in Decimals of an Inch After 
Forming

* * * * *

Table II.--Specified Minimum Thickness of Shell Using Mild Steel 
(MS), High Strength Low Alloy Steel (HSLA), Austenitic Stainless 
Steel (SS), or Aluminum (AL)--Expressed in Decimals of an Inch 
After Forming

* * * * *


Sec. 178.348-1  [Amended]

    49. In Sec. 178.348-1, the following changes would be made:
    a. In paragraph (e)(2)(v), the reference to ``Secs. 178.345-5 and 
178.348-5'' would be revised to read ``Sec. 178.345-5''.
    b. In paragraph (e)(2)(vi), the reference to `` 178.345-10'' would 
be revised to read ``Sec. 178.348-4''.
    c. In paragraph (e)(2)(vii), the reference to ``Sec. 178.345-13'' 
would be revised to read ``Sec. 178.348-5''.
    50. In Sec. 178.348-2, paragraph (a) introductory text and the 
titles to Table I and Table II would be revised to read as follows:


Sec. 178.348-2  Material and thickness of material.

    (a) The type and thickness of material for DOT 412 specification 
cargo tanks must conform to Sec. 178.345-2, but in no case may the 
thickness be less than that determined by the minimum thickness 
requirements in Sec. 178.320(d). The following Tables I and II identify 
the

[[Page 63122]]

``Specified Minimum Thickness'' values to be employed in that 
determination:

Table I.--Specified Minimum Thickness of Heads (or Bulkheads and 
Baffles When Used as Tank Reinforcement) Using Mild Steel (MS), 
High Strength Low Alloy Steel (HSLA), Austenitic Stainless Steel 
(SS), or Aluminum (AL)--Expressed in Decimals of an Inch After 
Forming

* * * * *

Table II.--Specified Minimum Thickness of Shell Using Mild Steel 
(MS), High Strength Low Alloy Steel (HSLA), Austenitic Stainless 
Steel (SS), or Aluminum (AL)--Expressed in Decimals of an Inch 
After Forming

* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS.

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

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

    52. In Sec. 180.403, the definition for ``Corrosive to the tank/
valve'' would be removed and new definitions for ``Corroded or 
abraded'' and ``Corrosive to the tank or valve'' would be added in the 
appropriate alphabetical order to read as follows:


Sec. 180.403  Definitions.

* * * * *
    Corroded or abraded means any visible reduction in the material 
thickness of the cargo tank wall or valve due to pitting, flaking, 
gouging, or chemical reaction to the material surface.
    Corrosive to the tank or valve means that the lading has been shown 
through experience or test data to reduce the thickness of the material 
of construction of the tank wall or valve.
* * * * *
    53. In Sec. 180.405 paragraph (g)(3) would be removed and reserved, 
paragraphs (b), (k), and (l)(2)(iii) would be revised, and a new 
paragraph (o) would be added, to read as follows:


Sec. 180.405  Qualification of cargo tanks.

* * * * *
    (b) Cargo tank specifications. (1) To qualify as an authorized 
packaging, each cargo tank must conform to this subpart, the applicable 
requirements specified in part 173 of this subchapter for the specific 
lading, and where a DOT specification cargo tank is required, an 
applicable specification in effect on the date initial construction 
began: MC 300, MC 301, MC 302, MC 303, MC 304, MC 305, MC 306, MC 307, 
MC 310, MC 311, MC 312, MC 330, MC 331, MC 338, DOT 406, DOT 407, or 
DOT 412 (Secs. 178.337, 178.338, 178.345, 178.346, 178.347 and 178.348 
of this subchapter). However, except as provided in paragraphs (b)(2), 
(d), (e), (f)(5), and (f)(6) of this section, no cargo tank may be 
marked or certified after August 31, 1995, to the applicable MC 306, MC 
307, MC 312, MC 331, or MC 338 specification in effect on December 30, 
1990.
    (2) Exception. A cargo tank originally manufactured to the MC 306, 
MC 307, or MC 312 specification that has not been stretched, 
rebarrelled, or modified may be re-certified to the original 
specification provided:
    (i) Sufficient records are available verifying the cargo tank was 
originally manufactured to the specification;
    (ii) A Registered Inspector verifies the cargo tank conforms to all 
applicable requirements of the specification;
    (iii) The cargo tank meets all applicable tests and inspections 
required by Sec. 180.407(c);
    (iv) Any repairs performed on the cargo tank after June 30, 1992, 
were conducted in accordance with Sec. 180.413; and
    (v) The cargo tank is re-certified to the original specification in 
accordance with the reporting and record retention provisions of 
Sec. 180.417. The certification documents required by 
Sec. 180.417(a)(3) must include both the date the cargo tank was 
originally certified to the specification, and the date it was re-
certified. The specification plate on the cargo tank or cargo tank 
motor vehicle must display the date the cargo tank was originally 
certified to the specification.
* * * * *
    (k) DOT specification cargo tank with no marked design pressure or 
a marked design pressure of less than 3 psig. The owner of an MC 300, 
MC 301, MC 302, MC 303, MC 305, MC 306, or MC 312 cargo tank with a 
pressure relief system set at 3 psig, must mark or remark the cargo 
tank with an MAWP or design pressure of not greater than 3 psig.
    (l) * * *
    (2) * * *
    (iii) The structure of the bumper must be designed in accordance 
with Sec. 178.345-8(d)(3) of this subchapter.
* * * * *
    (o) On-truck remote control of self-closing stop valves--MC 330, MC 
331, and MC 338. On or before [Three years From Effective Date of Final 
Rule]--
    (1) Each owner of an MC 330 or MC 331 cargo tank motor vehicle 
marked or certified before January 1, 1995, must equip the cargo tank 
with an on-vehicle remote means of closure of the internal self-closing 
stop valve in conformance with Sec. 178.337-11(a)(2) of this 
subchapter. This requirement does not apply to cargo tanks used only 
for carbon dioxide and marked ``For carbon dioxide only'' or intended 
for use in chlorine service only.
    (2) Each owner of an MC 338 cargo tank motor vehicle marked or 
certified before January 1, 1995, must equip each remotely controlled 
shutoff valve with an on-vehicle remote means of automatic closure in 
conformance with Sec. 178.338-11(c) of this subchapter. This 
requirement does not apply to cargo tanks used for the transportation 
of argon, carbon dioxide, helium, krypton, neon, nitrogen, or xenon, or 
mixtures thereof.
    54-55. In Sec. 180.407, the following changes would be made:
    a. Paragraphs (b)(4) and (g)(1)(v) would be removed and reserved;
    b. Paragraphs (d)(4), (d)(5), and (d)(6) would be redesignated as 
paragraphs (d)(5), (d)(6), and (d)(7), respectively;
    c. Paragraphs (a)(2), (b)(1), (b)(2), (d)(1), (g)(1)(ii) 
introductory text, (g)(1)(ii)(A), (g)(4), (h)(1) introductory text, 
(i)(5) introductory text and titles and column headings to Tables I and 
II, and (i)(6) would be revised;
    d. Paragraph (h)(1)(i) would be amended by removing ``; or'' and 
adding a period in their place; and
    e. New paragraphs (d) introductory text, (d)(4), (h) introductory 
text, (h)(1)(iv), and (h)(1)(v) would be added.
    The additions and revisions would read as follows:


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

    (a) * * *
    (2) Except during a pressure test, a cargo tank may not be 
subjected to a pressure greater than its design pressure or MAWP.
* * * * *
    (b) * * *
    (1) The cargo tank shows evidence of dents, cuts, gouges, corroded 
or abraded areas, leakage, or any other condition that might render it 
unsafe for hazardous materials service. At a minimum, any area of a 
cargo tank showing evidence of dents, cuts, digs, gouges, or corroded 
or abraded areas must be thickness tested in accordance with the 
procedures set forth in paragraphs (i)(2), (i)(3), (i)(5), and (i)(6) 
of this section and evaluated in accordance with the criteria 
prescribed in Sec. 180.411. Any signs of leakage must be repaired in 
accordance with Sec. 180.413.
    (2) The cargo tank has sustained damage to an extent that may 
adversely

[[Page 63123]]

affect its lading retention capability. A damaged cargo tank must be 
pressure tested in accordance with the procedures set forth in 
paragraph (g) of this section.
* * * * *
    (d) External visual inspection and testing. The following applies 
to the external visual inspection and testing of cargo tanks:
    (1) Where insulation precludes a complete external visual 
inspection as required by paragraphs (d)(2) through (d)(6) of this 
section, the cargo tank also must be given an internal visual 
inspection in accordance with paragraph (e) of this section. If 
internal visual inspection is precluded because the cargo tank is 
lined, coated, or designed so as to prevent access for internal 
inspection, the tank must be hydrostatically or pneumatically tested in 
accordance with paragraph (g)(1)(iv) of this section.
* * * * *
    (4) Ring stiffeners or other appurtenances, installed on cargo 
tanks constructed of mild steel or high-strength, low-alloy steel, that 
create air cavities adjacent to the tank shell that do not allow for 
external visual inspection must be thickness tested in accordance with 
paragraphs (i)(2) and (i)(3) of this section, at least once every 2 
years. At least four symmetrically distributed readings must be taken 
to establish an average thickness for the ring stiffener or 
appurtenance. If any thickness reading is less than the average 
thickness by more than 10%, thickness testing in accordance with 
paragraphs (i)(2) and (i)(3) of this section must be conducted from the 
inside of the cargo tank on the area of the tank wall covered by the 
appurtenance or ring stiffener.
* * * * *
    (g) * * *
    (1) * * *
    (ii) All self-closing pressure relief valves (normal vents and 
emergency relief vents) must be:
    (A) Removed from the cargo tank for inspection and testing. Each 
self-closing pressure relief valve must open at the required set 
pressure and seat to a leak-tight condition at 90 percent of the set-
to-discharge pressure or the pressure prescribed for the applicable 
cargo tank specification; or
* * * * *
    (4) All pressure bearing portions of a cargo tank heating system 
employing a medium such as, but not limited to, steam or hot water for 
heating the lading must be hydrostatically pressure tested at least 
once every 5 years. The test pressure must be at least the maximum 
system design operating pressure and must be maintained for five 
minutes. A heating system employing flues for heating the lading must 
be tested to ensure against lading leakage into the flues or into the 
atmosphere.
* * * * *
    (h) Leakage test. The following requirements apply to cargo tanks 
requiring a leakage test:
    (1) Each cargo tank must be tested for leaks in accordance with 
paragraph (c) of this section. The leakage test must include testing 
product piping with all valves and accessories in place and operative, 
except that any venting devices set to discharge at less than the 
leakage test pressure must be removed or rendered inoperative during 
the test. All internal or external self-closing stop valves must be 
tested for leak tightness. Each cargo tank of a multi-cargo tank motor 
vehicle must be tested with adjacent cargo tanks empty and at 
atmospheric pressure. Test pressure must be maintained for at least 5 
minutes. Cargo tanks in liquefied compressed gas service must be 
externally inspected for leaks during the leakage test. Suitable 
safeguards must be provided to protect personnel should a failure 
occur. Cargo tanks may be leakage tested with hazardous materials 
contained in the cargo tank during the test. Leakage test pressure must 
be no less than 80% of the tank design pressure or MAWP, whichever is 
marked on the certification or specification plate except as follows:
* * * * *
    (iv) An MC 330 or MC 331 cargo tank in dedicated service for 
anhydrous ammonia may be leakage tested at not less than 483 kPa (70 
psig).
    (v) A non-specification cargo tank required by Sec. 173.8(d) of 
this subchapter to be leakage tested, must be leakage tested at not 
less than 16.6 kPa (2.4 psig), or as specified in paragraph (h)(2) of 
this section.
    (2) Cargo tanks used to transport petroleum distillate fuels that 
are equipped with vapor collection equipment may be leak tested in 
accordance with the Environmental Protection Agency's ``Method 27--
Determination of Vapor Tightness of Gasoline Delivery Tank Using 
Pressure-Vacuum Test,'' as set forth in Appendix A to 40 CFR Part 60. 
Test methods and procedures and maximum allowable pressure and vacuum 
changes are in 40 CFR 63.425(e)(1). The hydrostatic test alternative, 
using liquid in Environmental Protection Agency's ``Method 27--
Determination of Vapor Tightness of Gasoline Delivery Tank Using 
Pressure-Vacuum Test,'' may not be used to satisfy the leak testing 
requirements of this paragraph (h). The test must be conducted using 
air. Cargo tanks tested using the Environmental Protection Agency's 
``Method 27--Determination of Vapor Tightness of Gasoline Delivery Tank 
Using Pressure-Vacuum Test,'' test must be marked in accordance with 
Sec. 180.415.
* * * * *
    (i) * * *
    (5) Minimum thicknesses for MC 300, MC 301, MC 302, MC 303, MC 304, 
MC 305, MC 306, MC 307, MC 310, MC 311, and MC 312 cargo tanks are 
determined based on the definition of minimum thickness found in 
Sec. 178.320(a) of this subchapter. The following Tables I and II 
identify the ``In-Service Minimum Thickness'' values to be employed in 
this determination. The column headed ``Minimum Manufactured 
Thickness'' tabulates the minimum values required for new construction 
as set forth in Secs. 178.346-2, 178.347-2, and 178.348-2 of this 
subchapter. In-Service Minimum Thicknesses are based on 90 percent of 
the minimum value required for new construction, rounded to three 
places. Tables I and II follow:

  Table I.--In-Service Minimum Thickness for MC 300, MC 303, MC 304, MC 306, MC 307, MC 310, MC 311, and MC 312
                         Specification Cargo Tank Constructed of Steel and Steel Alloys
----------------------------------------------------------------------------------------------------------------
  Minimum manufactured thickness (US     Nominal decimal equivalent
           gauge or inches)                for reference (inches)        In-service minimum thickness (inches)
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------

* * * * *

[[Page 63124]]



 Table II.--In-Service Minimum Thickness for MC 301, MC 302, MC 304, MC 305, MC 306, MC 307, MC 311, and MC 312
                      Specification Cargo Tanks Constructed of Aluminum and Aluminum Alloys
----------------------------------------------------------------------------------------------------------------
          Minimum manufactured thickness (inches)                   In-service minimum thickness (inches)
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------

* * * * *
    (6) An owner of a cargo tank that no longer conforms to the minimum 
thickness prescribed for the design as manufactured may use the cargo 
tank to transport authorized materials at reduced maximum weight of 
lading or reduced maximum working pressure, or combinations thereof, 
provided the following conditions are met:
    (i) A Design Certifying Engineer must certify that the cargo tank 
design and thickness are appropriate for the reduced loading conditions 
by issuance of a revised manufacturer's certificate, and
    (ii) The cargo tank motor vehicle's nameplate must reflect the 
revised service limits.
* * * * *
    56. In Sec. 180.409, paragraphs (a)(1) and (a)(2) would be revised 
and paragraph (a)(3) would be added to read as follows:


Sec. 180.409  Minimum qualifications for inspectors and testers.

    (a) * * *
    (1) Be registered with the Associate Administrator for Hazard 
Materials Safety in accordance with part 107, subpart F of this 
chapter;
    (2) Be familiar with DOT-specification cargo tanks and trained and 
experienced in use of the inspection and testing equipment needed; and
    (3) Have the training and experience required to meet the 
definition of ``Registered Inspector'' in Sec. 171.8 of this 
subchapter.
* * * * *
    57. Section 180.413 would be revised to read as follows:


Sec. 180.413  Repair, modification, stretching, rebarrelling, or 
mounting of specification cargo tanks.

    (a) General. Any repair, modification, stretching, rebarrelling, or 
mounting of a cargo tank must be performed in conformance with the 
requirements of this section.
    (1) Except as otherwise provided in this section, each repair, 
modification, stretching, or rebarrelling of a specification cargo tank 
must be performed by a repair facility holding a valid National Board 
Certificate of Authorization for use of the National Board ``R'' stamp 
and must be made in accordance with the edition of the National Board 
Inspection Code in effect at the time the work is performed.
    (i) Repairs, modifications, stretchings, and rebarrellings 
performed on non-ASME stamped specification cargo tanks may be 
performed by:
    (A) A cargo tank manufacturer holding a valid ASME Certificate of 
Authorization for the use of the ASME ``U'' stamp using the quality 
control procedures used to obtain the Certificate of Authorization; or
    (B) A repair facility holding a valid National Board Certificate of 
Authorization for use of the National Board ``R'' stamp using the 
quality control procedures used to obtain the Certificate of 
Authorization.
    (ii) A repair, modification, stretching, or rebarrelling of a non-
ASME stamped cargo tank may be done without certification by an 
Authorized Inspector, completion of the R-1 form, or being stamped with 
the ``R'' stamp.
    (2) Prior to each repair, modification, stretching, rebarrelling, 
or mounting, the cargo tank motor vehicle must be emptied of any 
hazardous material lading. In addition, cargo tank motor vehicles used 
to transport flammable or toxic lading must be cleaned and purged, 
including void spaces between double bulkheads, piping and vapor 
recovery systems.
    (3) Each person performing a repair, modification, stretching, 
rebarrelling or mounting of a DOT specification cargo tank must be 
registered in accordance with Subpart F of part 107 of this chapter.
    (b) Repair. The suitability of each repair affecting the structural 
integrity or lading retention capability of the cargo tank must be 
determined by the testing required either in the applicable 
manufacturing specification or in Sec. 180.407(g)(1)(iv). Each repair 
of a cargo tank involving welding on the shell or head must be 
certified by a Registered Inspector. The following provisions apply to 
specific cargo tank repairs:
    (1) DOT 406, DOT 407, and DOT 412 cargo tanks must be repaired in 
accordance with the specification requirements in effect at the time of 
repair;
    (2) MC 300, MC 301, MC 302, MC 303, MC 305, and MC 306 cargo tanks 
must be repaired in accordance with either the most recent revision of 
the original specification or with the DOT 406 specification in effect 
at the time of repair;
    (3) MC 304 and MC 307 cargo tanks must be repaired in accordance 
with either the most recent revision of the original specification or 
with the DOT 407 specification in effect at the time of repair;
    (4) MC 310, MC 311, and MC 312 cargo tanks must be repaired in 
accordance with either the most recent revision of the original 
specification or with the DOT 412 specification in effect at the time 
of repair;
    (5) MC 338 cargo tanks must be repaired in accordance with the 
specification requirements in effect at the time of repair; and
    (6) MC 330 and MC 331 cargo tanks must be repaired in accordance 
with the repair procedures described in CGA Technical Bulletin TB-2 and 
the National Board Inspection Code (see Sec. 171.1 of this subchapter). 
Each cargo tank having cracks or other defects requiring welded repairs 
must meet all inspection, test, and heat treatment requirements in 
Sec. 178.337-16 of this subchapter in effect at the time of the repair, 
except that postweld heat treatment after minor weld repairs is not 
required. When a repair is made of defects revealed by the wet 
fluorescent magnetic particle inspection, including those repaired by 
grinding, the affected area of the cargo tank must again be examined by 
the wet fluorescent magnetic particle method after hydrostatic testing 
to assure that all defects have been removed.
    (c) Maintenance or replacement of piping, valves, hoses, or 
fittings. After each repair, maintenance or replacement of a pipe, 
valve, hose, or fitting on a cargo tank, that component must be 
installed in accordance with the provisions of the applicable 
specification before the cargo tank is returned to service.
    (1) After maintenance or replacement that does not involve welding 
on the cargo tank wall, the repaired or replaced piping, valve, or 
fitting must be tested for leaks. This requirement is met when the 
piping, valve, hose or fitting is tested after installation at not less 
than 80 percent of the design pressure marked on the cargo tank. A hose 
may

[[Page 63125]]

be tested before or after installation on the cargo tank.
    (2) After repair or replacement of piping, valves, or fittings that 
involves welding on the cargo tank wall, the cargo tank must be 
pressure tested in accordance with the applicable manufacturing 
specification or Sec. 180.407(g)(1)(iv). In addition, the affected 
piping, valve, or fitting must be tested in accordance with paragraph 
(c)(1) of this section.
    (d) Modification, stretching, or rebarrelling. Modification, 
stretching or rebarrelling of a cargo tank motor vehicle must conform 
to the following provisions:
    (1) The design of the modified, stretched, or rebarrelled cargo 
tank motor vehicle must be certified in writing by a Design Certifying 
Engineer as meeting the structural integrity and accident damage 
protection requirements of the applicable specification.
    (2) Except as provided in paragraph (d)(2)(v) of this section, all 
new material and equipment affected by modification, stretching, or 
rebarrelling must meet the requirements of the specification in effect 
at the time such work is performed, and all applicable structural 
integrity requirements (Sec. 178.337-3, 178.338-3, or Sec. 178.345-3 of 
this subchapter). The work must conform to the requirements of the 
applicable specification as follows:
    (i) For specification MC 300, MC 301, MC 302, MC 303, MC 305 and MC 
306 cargo tanks, the provisions of either specification MC 306 or DOT 
406 until August 31, 1995 and, thereafter to specification DOT 406 
only;
    (ii) For specification MC 304 and MC 307 cargo tanks, the 
provisions of either specification MC 307 or DOT 407 until August 31, 
1995 and, thereafter to specification DOT 407 only;
    (iii) For specification MC 310, MC 311, and MC 312 cargo tanks, the 
provisions of either specification MC 312 or DOT 412 until August 31, 
1995 and, thereafter to specification DOT 412 only;
    (iv) For specification MC 330 cargo tanks, the provisions of 
specification MC 331; and
    (v) For specification MC 338 cargo tanks, the provisions of 
specification MC 338. However, structural modifications to MC 338 cargo 
tanks authorized under Sec. 180.405(d) may conform to applicable 
provisions of the ASME Code instead of specification MC 338, provided 
the structural integrity of the modified cargo tank is at least 
equivalent to that of the original cargo tank.
    (3) The person performing the modification, stretching, or 
rebarrelling must:
    (i) Have knowledge of the original design concept, particularly 
with respect to structural design analysis, material and welding 
procedures.
    (ii) Assure compliance of the rebuilt cargo tank's structural 
integrity, venting, and accident damage protection with the applicable 
specification requirements.
    (iii) Assure compliance with all applicable Federal Motor Carrier 
Safety Regulations for all newly installed safety equipment.
    (iv) Assure the suitability of each modification, stretching and 
rebarrelling that affects the lading retention capability of the cargo 
tank by performing the tests required in the applicable specification 
or Sec. 180.407(g)(1)(iv).
    (v) Any modification that changes information displayed on the 
specification plate requires the installation of a supplemental 
specification plate, nameplate, or both containing the information that 
reflects the cargo tank as modified, stretched or rebarrelled. The 
plate must include the name of the person or facility doing the work, 
DOT registration number, date work is completed, retest information, 
and any other information that differs from the original plate. The 
supplemental plates must be installed immediately adjacent to the 
existing plate or plates.
    (vi) On a variable specification cargo tank, install a supplemental 
or new variable specification plate, and replace the specification 
listed on the original specification plate with the words ``see 
variable specification plate.''
    (4) A Registered Inspector must certify that the modified, 
stretched, or rebarrelled cargo tank conforms to the requirements of 
this section and the applicable specification by issuing a supplemental 
certificate of compliance. The registration number of the Registered 
Inspector must be entered on the certificate.
    (e) Mounting of cargo tanks. Mounting a cargo tank on a cargo tank 
motor vehicle must be:
    (1) Performed as required by paragraph (d)(2) of this section and 
certified by a Design Certifying Engineer if the mounting of a cargo 
tank on a cargo tank motor vehicle involves welding on the cargo tank 
head or shell or any change or modification of the methods of 
attachment; or
    (2) In accordance with the original specification or the 
specification in effect at the time of the mounting, and performed 
under the supervision of a Registered Inspector if the mounting of a 
cargo tank on a cargo tank motor vehicle does not involve welding on 
the cargo tank head or shell or a change or modification of the methods 
of attachment.
    (f) Records. Each owner of a cargo tank motor vehicle must retain 
at the owner's principal place of business all records of repair, 
modification, stretching, or rebarrelling, including notation of any 
tests conducted to verify the suitability of the repair, modification, 
stretching, or rebarrelling made to each cargo tank during the time the 
cargo tank motor vehicle is in service and for one year thereafter. 
Copies of these records must be retained by a motor carrier, if not the 
owner of the cargo tank motor vehicle, at its principal place of 
business during the period the cargo tank motor vehicle is in the 
carrier's service.
    58. In Sec. 180.415, paragraphs (b) would be revised to read as 
follows:


Sec. 180.415  Test and inspection markings.

* * * * *
    (b) Each cargo tank must be durably and legibly marked, in English, 
with the date (month and year) and the type of test or inspection 
performed, subject to the following provisions:
    (1) The date must be readily identifiable with the applicable test 
or inspection.
    (2) The markings must be in letters and numbers at least 32 mm 
(1.25 inches) high, near the specification plate or anywhere on the 
front head.
    (3) The type of test or inspection may be abbreviated as follows:
    (i) V for external visual inspection and test;
    (ii) I for internal visual inspection;
    (iii) P for pressure test;
    (iv) L for lining inspection;
    (v) T for thickness test;
    (vi) K for leakage test for a cargo tank tested under Sec. 180.407, 
except Sec. 180.407(h)(2); and
    (vii) K-EPA27 for a cargo tank tested under Sec. 180.407(h)(2) 
after [One Year From Publication Date of Final Rule].
    (4) For cargo tanks marked after October 1, 2001, the date marked 
must be the date the required test or inspection expires, preceded by 
the letter ``N.'' Cargo tanks marked in accordance with this section 
before October 1, 2001, are not required to be remarked to show the 
date of the next test.

    Examples to Paragraph (b): The markings ``10-99 P, V, L'' 
represent that in October 1999, a cargo tank passed the prescribed 
pressure test, external visual inspection and test, and the lining 
inspection. The markings ``2-00 K-EPA'' represent that in February

[[Page 63126]]

2000, a cargo tank passed the leakage test under Sec. 180.407(h)(2). 
The markings ``2-00 K, K-EPA'' represent that in February 2000, a 
cargo tank passed the leakage test under both Sec. 180.407(h)(1) and 
under EPA Method 27 under Sec. 180.407(h)(2). For a cargo tank 
marked after October 1, 2000, the markings ``N11-02 V, L'' represent 
that an external visual inspection and test, and a lining test 
expire November 2002.

* * * * *
    59. In Sec. 180.417, paragraphs (b) and (d) would be revised to 
read as follows:


Sec. 180.417  Reporting and record retention requirements.

* * * * *
    (b) Test or inspection reporting. Each person performing a test or 
inspection as specified in Sec. 180.407 must prepare a written report, 
in English, in accordance with this paragraph (b).
    (1) Each test or inspection report must include the following 
information:
    (i) Owner's and manufacturer's unique serial number for the cargo 
tank;
    (ii) Name of cargo tank manufacturer;
    (iii) Cargo tank DOT or MC specification number;
    (iv) MAWP of the cargo tank;
    (v) Minimum thickness of the cargo tank shell and heads;
    (vi) Indication of whether the cargo tank is lined, insulated, or 
both; and
    (vii) Indication of special service of the cargo tank (e.g., 
transports material corrosive to the tank, dedicated service, etc.).
    (2) Each test or inspection report must include the following 
specific information as appropriate for each individual type of test or 
inspection:
    (i) Type of test or inspection performed;
    (ii) Date of test or inspection (month and year);
    (iii) Listing of all items tested or inspected, including 
information about pressure relief devices that are removed, inspected 
and tested or replaced, when applicable (type of device, set to 
discharge pressure, pressure at which device opened, pressure at which 
device re-seated, and a statement of disposition of the device (e.g., 
reinstalled, repaired, or replaced)); information regarding the 
inspection of upper coupler assemblies, when applicable (visually 
examined in place, or removed for examination); and, information 
regarding leakage and pressure testing, when applicable (pneumatic or 
hydrostatic testing method, identification of the fluid used for the 
test, test pressure, and holding time of test);
    (iv) Location of defects found and method of repair;
    (v) ASME or National Board number of person performing repairs, if 
applicable;
    (vi) Name and address of person performing test;
    (vii) Registration number of the facility or person performing the 
test;
    (viii) Continued qualification statement, such as ``cargo tank 
meets the requirements of the DOT-specification identified on this 
report'' or ``cargo tank fails to meet the requirements of the DOT-
specification identified on this report'';
    (ix) DOT registration number of the registered inspector; and
    (x) Dated signature of the registered inspector and the cargo tank 
owner.
    (3) The owner and the motor carrier, if not the owner, must each 
retain a copy of the test and inspection reports until the next test or 
inspection of the same type is successfully completed. This requirement 
does not apply to a motor carrier leasing a cargo tank for fewer than 
30 days.
* * * * *
    (d) Supplying certificates and reports. Each person offering a DOT-
specification cargo tank for sale or lease must provide the purchaser 
or lessee a copy of the cargo tank certificate of compliance, records 
of repair, modification, stretching, or rebarrelling; and the most 
recent inspection and test reports made under this section. Copies of 
such reports must be provided to the lessee if the cargo tank is leased 
for more than 30 days.

    Issued in Washington, DC, on November 5, 2001, under authority 
delegated in 49 CFR Part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 01-28117 Filed 12-3-01; 8:45 am]
BILLING CODE 4910-60-P