[Federal Register Volume 68, Number 170 (Wednesday, September 3, 2003)]
[Rules and Regulations]
[Pages 52363-52372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22212]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 172, 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: Final rule; response to appeals.

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SUMMARY: On April 18, 2003, the Research and Special Programs 
Administration published a final rule under Docket No. RSPA-98-3554 
(HM-213) to update and clarify requirements in the Hazardous Materials 
Regulations applicable to construction and maintenance of cargo tank 
motor vehicles. In response to appeals submitted by persons affected by 
the April 18, 2003 final rule, this final rule amends certain 
requirements and makes minor editorial corrections.

DATES: Effective Date: This final rule is effective October 1, 2003.
    Voluntary Compliance Date: Voluntary compliance is authorized as of 
September 3, 2003.

FOR FURTHER INFORMATION CONTACT: Mr. Philip Olson, Office of Hazardous 
Materials Technology, RSPA, telephone (202) 366-4504; Ms. Susan Gorsky, 
Hazardous Materials Standards, RSPA, telephone (202) 366-8553; 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:

I. Background

    On April 18, 2003, the Research and Special Programs Administration 
(RSPA; we) published a final rule (68 FR 19258) that revised 
requirements in the Hazardous Materials Regulations (HMR; 49 CFR parts 
171-180) for cargo tank design, qualification, maintenance, and use. 
Specifically, the final rule:
    [sbull] Revised the definitions of ``Design Certifying Engineer'' 
and ``Registered Inspector'' to allow experienced persons without 
degrees to qualify;
    [sbull] Permitted cargo tank owners to re-certify cargo tanks to 
their original specifications;
    [sbull] Revised minimum road clearance and bottom damage protection 
requirements for certain cargo tank motor vehicles;
    [sbull] Clarified current requirements for using the EPA Method 27 
leakage test as an alternative to the HMR leak test requirements;
    [sbull] Revised certain requirements applicable to MC 331 and MC 
338 cargo tanks for consistency with regulations applicable to the more 
recently adopted MC 400 series cargo tanks;
    [sbull] Required MC 338 cargo tanks to be equipped with a means of 
thermal activation for automatically closing the internal self-closing 
stop valve in the event of a fire;
    [sbull] Clarified cargo tank test and inspection requirements and 
relaxes the leakage test requirement for cargo tanks in anhydrous 
ammonia service; and
    [sbull] Eliminated redundant or unnecessary regulations.
    In addition, the April 18 final rule revised the HMR to address 
three recommendations from the National Transportation Safety Board 
(NTSB):
    [sbull] Consistent with Recommendation H-90-91, the April 18 final 
rule

[[Page 52364]]

required controls for internal shut-off valves for the discharge system 
to be installed at remote locations on all newly constructed and 
currently authorized MC 330, MC 331, and MC 338 specification cargo 
tanks. Cargo tanks currently in hazardous materials service must be 
retrofitted with on-truck remote shut-off controls over a three-year 
period.
    [sbull] Consistent with Recommendation H-93-94, the April 18 final 
rule required all manually activated on-truck remote shutoff devices 
for closure of the internal valve to be marked ``Emergency Shutoff.''
    [sbull] Consistent with Recommendation H-95-14, the April 18 final 
rule required 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.
    The April 18 final rule effective date is October 30, 2003; 
voluntary compliance is authorized as of May 18, 2003.

II. Appeals

    Six organizations submitted appeals to the April 18 final rule in 
accordance with 49 CFR Part 106: the Compressed Gas Association, Inc. 
(CGA); the National Propane Gas Association (NPGA); Container 
Technology, Inc. (Container Technology); the National Tank Truck 
Carriers, Inc. (NTTC); Baltimore Cargo Tank Service, Inc. (Baltimore 
Tank); and Fisher Controls (Fisher). The appellants express concern 
about several revisions included in the final rule; two appellants ask 
for an extension to the effective date of the final rule. The issues 
raised by the appellants are discussed in detail below.

A. Appeals Granted

    Section 178.320--Definitions. The April 18 final rule revised the 
definition of ``cargo tank.'' NTTC requests that we consider further 
modifying the definition to indicate that a cargo tank may be used for 
the transportation of solids and semi-solids, in addition to liquids or 
gases. NTTC explains that, in today's operating environment, cargo 
tanks are used routinely to transport materials that may be tendered as 
solids (such as powders) and slurries (semi-solids). Many such loads, 
especially environmentally sensitive materials, are subject to the HMR. 
We agree; in this final rule we are modifying the definition of ``cargo 
tank'' to include solids and semi-solids among the materials for which 
a cargo tank may be used for transportation.
    The April 18 final rule adopted definitions for ``sacrificial 
device'' and ``shear section'' that were developed for the DOT 400 
series cargo tanks and made the definitions generally applicable to all 
cargo tanks. NPGA objects to the new definitions, stating that because 
of ``substantial'' differences in design, construction, use and 
pressure conditions, the definitions for the DOT 400 series cargo tanks 
are not directly transferable to MC 331 cargo tanks. We agree that the 
issue requires further analysis and that, until such analysis is 
complete, the definitions for ``sacrificial device'' and ``shear 
section'' originally adopted for the DOT 400 series cargo tanks should 
not be applied to MC 331 cargo tanks. Therefore, in this final rule, we 
are deleting the definitions from Sec.  178.320, which establishes 
requirements applicable to all DOT specification cargo tank motor 
vehicles, and placing them in Sec.  178.345-1(c), which sets forth 
general requirements applicable to DOT 406, DOT 407, and DOT 412 cargo 
tank motor vehicles. We will consider addressing this issue in a 
subsequent rulemaking.
    The April 18 final rule adopted a definition for ``shear section'' 
to mean a sacrificial device fabricated to reduce the wall thickness of 
the adjacent piping or valve material by at least 30 percent. Based on 
this definition, the April 18 final rule revised Sec.  178.337-10(f)(2) 
to require a shear section to break at no more than 70 percent of the 
load that would be required to cause the failure of the protected 
lading retention device, part, or wall. NPGA suggests that this 
requirement would necessitate a complete and costly redesign of valves 
used as sacrificial devices. Therefore, in this final rule we are 
revising Sec.  178.337-10(f)(2) to remove the requirement adopted in 
the April 18 final rule for a shear section to break at no more than 70 
percent of the load that would be required to cause the failure of the 
protected lading retention device, part, or wall.
    Section 178.320--Design certification. The April 18 final rule 
revised Sec.  178.320(b)(1) to require accident damage protection 
devices to be certified by a Design Certifying Engineer (DCE). NPGA, 
Fisher, and Baltimore Tank note that, since the term ``accident damage 
protection devices'' is not defined, it could be misinterpreted to 
include component valves, particularly if the component valve includes 
a shear section. NPGA and Fisher request that we define ``accident 
damage protection devices.'' We agree. In this final rule, we are 
adding a sentence to Sec.  178.320(b)(1) to clarify that the term 
``accident damage protection devices,'' means rear-end protection, 
overturn protection, and piping protection devices.
    Baltimore Tank suggests that, as drafted, Sec.  178.320(b)(1) could 
be interpreted to require a DCE certification of an accident damage 
protection device design on its own--that is, independent of the cargo 
tank motor vehicle to which it is attached. This was not our intent. In 
this final rule, we are revising the section as suggested by Baltimore 
Tank.
    Section 178.337-9--Use of stainless steel for internal cargo tank 
components. The April 18 final rule adopted a provision in Sec.  
178.337-9(b)(2) to prohibit the use of stainless steel for internal 
components of a cargo tank, such as shutoff discs and springs. NPGA and 
Container Technology appealed this provision, suggesting that it is 
overly restrictive and that stainless steel should be permitted for 
internal components where it is not incompatible with the lading. We 
agree and are making the appropriate revision in this final rule.
    CGA also appealed the April 18 final rule provision in Sec.  
178.337-9(b)(2). CGA's concern is that the final rule requires 
malleable steel, stainless steel, or ductile iron to be used to 
construct primary valves and fittings used in liquid filling or vapor 
equalization. CGA points out that malleable metal, including brass, is 
safely used for fittings on cargo tanks used to transport carbon 
dioxide. We agree; this revision in Sec.  178.337-9(b)(2) was 
inadvertent. In this final rule, we are revising this provision to 
require malleable metal, stainless steel, or ductile iron to be used to 
construct primary valves and fittings.
    In addition, in this final rule we are revising Sec.  178.337-
9(b)(2) to make an editorial change suggested by NPGA. The phrase 
``except for sacrificial devices'' should be part of the second 
sentence in this section, not the third sentence.
    Section 178.337-10--Rear end protection. The April 18 final rule 
adopted rear end protection requirements originally developed for DOT 
400 series cargo tanks as an option for MC 331 cargo tanks. In 
paragraph (c)(1) of Sec.  178.337-10, the final rule requires rear end 
bumper dimensions to meet the requirements in 49 CFR 393.86 and extend 
vertically to a height that is adequate to protect all valves and 
fittings located at the read of the cargo tank. NPGA notes that certain 
MC 331 cargo tanks used to transport propane have a pressure gauge in a 
fitting located at the center of the rear cargo tank head

[[Page 52365]]

and suggests that, if read literally, the new requirement could require 
the rear bumper to extend past the center of the rear head. This was 
not our intent. In this final rule, we are revising the requirement as 
suggested by NPGA.
    Section 178.337-17--Marking. The April 18 final rule requires a 
name plate on an MC 331 cargo tank to include information about the 
weld material used on the cargo tank. Container Technology and NPGA 
suggest that this is unnecessary and that MC 331 cargo tanks typically 
incorporate several different weld methods and materials. Both 
appellants suggest that this requirement be deleted. We agree that the 
requirement is unnecessary. In this final rule, it is deleted from the 
requirements for information to be included on an MC 331 cargo tank 
name plate.
    The April 18 final rule requires a name plate to include an 
indication of the pressure to which the cargo tank was tested during 
its manufacture. NPGA recommends that this mark be deleted, stating 
that it is not clear how this information will assist operators and 
enforcement officials. We agree that the original test pressure number 
is of little value and could create confusion for operators when 
determining the pressure to which a cargo tank must be retested in 
accordance with Sec.  180.407(g). In this final rule, therefore, the 
requirement to include a cargo tank's original test pressure on the 
name plate is removed.
    The April 18 final rule also included a requirement for a 
specification plate on an MC 331 cargo tank to include the maximum 
loading and unloading rates. NPGA notes that this was not proposed in 
the HM-213 NPRM nor were the reasons for including the information on 
the specification plate discussed in the preamble to the final rule. 
NPGA suggests that the requirement should therefore be deleted. We 
agree; in this final rule, the requirement for including maximum 
loading and unloading rates on an MC 331 specification plate is 
deleted.
    Section 180.405--Recertification of MC 306, MC 307 or MC 312 CTMVs. 
The April 18 final rule included a provision permitting a cargo tank 
originally manufactured to the MC 306, MC 307, or MC 312 specification, 
unless the cargo tank has been stretched, rebarrelled, or modified, to 
be recertified to its original certification provided certain 
conditions are met (see Sec.  180.405(b)(2)). Baltimore Tank appealed 
this provision of the final rule, suggesting that rebarrelled, 
stretched, or modified MC 306, MC 307, or MC 312 cargo tanks should be 
treated in the same manner as unmodified cargo tanks and permitted to 
be recertified provided appropriate records are available to verify the 
original certifications.
    Modifications to non-specification cargo tanks, which includes 
``decertified'' cargo tanks that no longer meet a specification 
standard, need not be performed in accordance with the standards set 
forth in Part 180. Our concern in limiting the exception in Sec.  
180.405(b)(2) to cargo tanks that have not been stretched, rebarrelled, 
or modified was to prevent a ``decertified'' tank that was modified 
without reference to the Part 180 regulations from being recertified as 
a specification cargo tank. However, we agree with Baltimore Tank that 
if the operator can provide documentation to verify that a cargo tank 
originally built to an MC 306, MC 307, or MC 312 specification was 
stretched, rebarrelled, or modified in accordance with the procedures 
in Part 180 and the National Board Inspection Code, then the cargo tank 
may be recertified to its original specification under the same 
conditions as for unmodified MC 306, MC 307, or MC 312 cargo tanks. In 
this final rule, we are revising Sec.  180.405(b) to permit modified MC 
306, MC 307, and MC 312 cargo tanks to be recertified to their original 
specification under certain conditions.
    Section 180.413--Leak testing. The April 18 final rule revised 
paragraph (c) in Sec.  180.413 to clarify leak test requirements 
performed after maintenance or replacement of piping, hose, valves, or 
fittings that does not involve welding. The revised paragraph (c) 
requires a leak test to be performed at not less than 80 percent of the 
design pressure marked on the cargo tank. NPGA appealed this provision, 
noting that Sec.  180.407(h)(1)(i) permits an MC 330 or MC 331 cargo 
tank in dedicated liquefied petroleum gas service to be leak tested at 
not less than 60 psig (414 kPa) and that the requirement adopted in the 
April 18 final rule greatly exceeds the 60 psig leak test exception for 
LPG tanks. NPGA states that the leak test requirement adopted in the 
final rule will place a significant burden on the propane industry and 
will be very disruptive to propane distribution operations. NPGA 
suggests that we revise Sec.  180.413(c) to permit the leak test 
required after maintenance or replacement operations that do not 
require welding to be performed at 60 pisg (414 kPa). We agree; this 
final rule revises Sec.  180.413(c)(1) to permit the leak test to be 
performed in accordance with Sec.  180.407(h)(1).

B. Appeals Denied

    Definition of ``manufacturer.'' Fisher and NPGA ask us to 
reconsider the definition in the HMR for ``manufacturer'' in Sec.  
178.320 of the HMR. The NPRM did not propose nor did the final rule 
adopt a revision of this definition. The Fisher and NPGA appeals are 
thus beyond the scope of this rulemaking and are denied. We will 
address the definition in a subsequent rulemaking and seek comment on 
any proposed changes to the definition.
    Remote controls for internal self-closing shutoff valves. The April 
18 final rule adopted a requirement for all newly constructed and 
currently authorized MC 338 cargo tank motor vehicles (CTMVs) to be 
equipped with a means of thermal activation for closing the internal 
self-closing stop valve, except for cargo tanks used to transport 
argon, carbon dioxide, helium, krypton, neon, nitrogen, xenon, or 
mixtures thereof; tanks currently in service must be retrofitted by 
October 2, 2006. CGA appealed this provision of the final rule with 
respect to MC 338 cargo tanks used to transport non-flammable ladings; 
CGA suggests that that this is a ``very expensive'' modification for MC 
338 cargo tanks because installation of the remote controls requires 
modifications to piping in addition to installation of a valve. CGA 
asks that we reinstate the grandfather provision excepting MC 338 CTMVs 
constructed prior to 1995 and used to transport non-flammable ladings 
from the requirement for a means of thermal activation for closing the 
internal self-closing stop valve.
    As discussed in the preamble to the NPRM, this provision reflects 
discussions conducted by a negotiated rulemaking committee established 
under Docket No. RSPA-97-2718 (HM-225A). The committee agreed that 
fusible elements, which provide a heat-activated means for closing a 
valve, convey a significant safety benefit, and we adopted a 
requirement for all MC 331 cargo tanks to be so equipped in the HM-225A 
final rule. The provision applicable to MC 338 cargo tanks adopted in 
the HM-213 final rule is consistent with the requirements for MC 331 
tanks; moreover, we do not agree that installation of fusible elements 
on MC 338 cargo tanks will be prohibitively expensive. We estimate that 
the retrofit provision in the final rule will affect about 100 MC 338 
CTMVs, at a cost per vehicle of about $200. For these reasons, the CGA 
appeal of the final rule provisions concerning installation of fusible 
links on MC 338 cargo tanks is denied.

[[Page 52366]]

    Maximum lading density marking. The April 18 final rule requires 
the name plate on an MC 331 cargo tank to include an indication of the 
maximum density of lading in pounds per gallon (Sec.  178.337-
17(b)(7)). Container Technology and NPGA appealed this provision of the 
final rule. NPGA states that the marking serves no purpose; Container 
Technology asserts that lading density is not necessary for compliance 
with structural integrity requirements and that the mark limits an 
operator's flexibility to use an MC 331 cargo tank to transport a 
variety of ladings with different densities.
    We do not agree that the mark serves no purpose nor do we agree 
that it limits an operator's flexibility. A cargo tank is usually 
designed with a specific lading or ladings in mind. An indication of 
the maximum lading density that may safely be transported in a cargo 
tank helps an operator determine whether the cargo tank should be used 
to transport a specific cargo. The mark is meant to convey the density 
for the heaviest lading possible to be transported in the cargo tank 
based on the structural design calculations for the tank. An operator 
is free to transport lading for which the maximum density is less than 
the mark indicated on the name plate or to transport smaller amounts of 
a lading for which the maximum density is greater than the mark 
indicated on the name plate. For these reasons, the Container 
Technology and NPGA appeals of this provision in the April 18 final 
rule are denied.
    Original Test Date Marking. The April 18 final rule requires the 
name plate to include the original test date for the cargo tank. NPGA 
suggests that the mark could cause confusion for enforcement personnel 
and recommends that it be deleted. We disagree that the mark should be 
deleted. The original test date is the date the cargo tank manufacturer 
performed the tests required under Part 178 to assure that the cargo 
tank meets applicable design specifications. Thus, the original test 
date is the date that the cargo tank is certified to meet the 
specification to which it was designed. Including the original test 
date on the name plate enables the owner and/or operator of the cargo 
tank and enforcement personnel easily to identify specific requirements 
applicable to the tank's design and manufacture, without having to go 
back to the certification documentation provided by the cargo tank 
manufacturer. The marking of the original test date is in keeping with 
the intent of the regulations to help clarify marking requirements for 
all cargo tanks and, taken in whole with the definitions adopted in the 
HM-213 final rule, should not be confusing. For these reasons, the NPGA 
appeal of this provision in the April 18 final rule is denied.
    Pressure greater than MAWP. The April 18 final rule revised Sec.  
180.407(a)(2) to clarify that a cargo tank may not be subjected to a 
pressure greater than its design pressure or maximum allowable work 
pressure (MAWP) except during a pressure test; the revision removed an 
exception from this general requirement for loading and unloading 
operations. CGA appealed this provision of the final rule, stating 
that, as rewritten, it conflicts with other provisions of the HMR. CGA, 
citing Sec.  173.318(b)(4)(i), states that, during pressure transfers, 
an operator may raise the pressure in an MC 338 cargo tank to exceed 
the tank's MAWP, but not to exceed the set-to-discharge setting of the 
tank's pressure relief device.
    Section 173.318 sets forth requirements for pressure relief devices 
on cargo tanks used to transport cryogenic liquids. Paragraph (b)(4)(i) 
of this section establishes the set-to-discharge setting for pressure 
relief devices--each pressure relief valve in the primary relief system 
must be set at a pressure no higher than 110% of the cargo tank's 
design pressure. This setting provides a tolerance level for the 
pressure relief system to account for small temporary increases in 
pressure because of temperature or other variances. The set-to-
discharge setting does not mean that the pressure in the cargo tank may 
safely be raised to a level just below the set-to-discharge setting of 
the pressure relief devices if that level exceeds the MAWP of the tank. 
Section 173.33(c) establishes maximum lading pressures for materials 
transported in CTMVs. Specifically with respect to cryogenic liquids, 
Sec.  173.33(c) states that the MAWP of a cargo tank must be greater 
than or equal to the pressures prescribed in Sec.  173.318. Thus, the 
MAWP of the cargo tank must be greater than or equal to the set-to-
discharge pressure for a pressure relief device in Sec.  
173.318(b)(4)(i). At no time, except during pressure tests, may the 
pressure in a cargo tank exceed its MAWP. The revision to Sec.  
180.407(a)(2) was made to clarify this point. For these reasons, the 
CGA appeal of this provision of the April 18 final rule is denied.
    Periodic inspection of insulated cargo tanks. In Sec.  
180.407(d)(1), the April 18 final rule clarified requirements for 
inspection and testing of insulated cargo tanks where insulation 
precludes external and/or internal visual inspections. The final rule 
did not change current requirements for inspection and testing of such 
tanks; it merely clarified the requirements to make them easier to 
understand. CGA appealed this provision of the final rule, suggesting 
that it reduced the interval for conducting internal inspections and 
pressure tests on MC 331 cargo tanks from 5 years to one year and that 
such a change is not warranted. This is incorrect; the NPRM did not 
propose nor did the final rule adopt a provision to change the pressure 
test interval for MC 331 cargo tanks. The final rule includes a 
provision to permit operators of insulated MC 330, MC 331, and MC 338 
cargo tanks equipped with manholes or inspection openings to perform an 
internal visual inspection or a pressure test in conjunction with the 
required annual external visual inspection (see Note 4 to the table in 
Sec.  180.407 (c)). The pressure test performed in conjunction with the 
annual external visual inspection requires only that the cargo tank be 
pressurized to the level indicated in the table in Sec.  
180.407(g)(1)(iv); the operator is not required to complete every 
element of the pressure test set forth in Sec.  180.407(g). The 
interval for performing a complete pressure test of an MC 331 cargo 
tank in accordance with Sec.  180.407(g) remains 5 years. The CGA 
appeal of the April 18 final rule provision in Sec.  180.407(d) is 
therefore denied.
    Use of ``weep holes'' in mounting pads. Baltimore Tank wants the 
HMR to require the use of ``weep holes'' for mounting pads. The NPRM 
did not propose nor did the final rule adopt any change to the current 
requirements for ``weep holes'' in mounting pads. Baltimore Tank's 
appeal on this issue is beyond the scope of the HM-213 rulemaking and 
is, therefore, denied.
    Modification, stretching, or rebarrelling of a cargo tank. The 
April 18 final rule revised the provisions in Sec.  180.413(d) 
concerning modification, stretching, or rebarrelling of cargo tanks. 
Among other requirements, the revision requires a modified, stretched, 
or rebarrelled CTMV to be certified by a DCE to meet the structural 
integrity and accident damage protection requirements of the applicable 
specification. Baltimore Tank appealed this provision of the final 
rule, suggesting that modifications to a cargo tank may or may not 
affect the design of the CTMV and recommending changes to the final 
rule to clarify when recertification of the modified cargo tank is 
required and when recertification of the CTMV is required.
    For purposes of the HMR, a ``cargo tank motor vehicle'' or CTMV is 
a motor vehicle with one or more cargo tanks

[[Page 52367]]

permanently attached to or forming an integral part of the motor 
vehicle. A ``modification'' is any change to the original design and 
construction of a cargo tank or a CTMV that affects its structural 
integrity or lading retention capability (see Sec.  180.403). 
``Stretching'' is a change in the width, length, or diameter of a cargo 
tank or any change to a CTMV's undercarriage that may affect the cargo 
tank's structural integrity. Modifying, stretching, or rebarrelling a 
cargo tank affects the design of the CTMV because the cargo tank is 
part of the CTMV; thus, whenever a cargo tank is modified, stretched, 
or rebarrelled, the complete CTMV must be recertified by a DCE. For 
this reason, Baltimore Tank's appeal of this provision is denied.
    Damage to a cargo tank requiring pressure testing. The April 18 
final rule restated the current requirement in Sec.  180.407(b)(2) that 
a cargo tank that has been damaged to an extent that may adversely 
affect its lading retention capability must be inspected and tested in 
accordance with Sec.  180.407, including the pressure test requirements 
in paragraph (g), prior to its return to service. The final rule did 
not change current requirements for testing damaged tanks; paragraph 
(b)(2) makes explicit the previous requirement that a cargo tank that 
has been damaged to an extent that may adversely affect its lading 
retention capability must be pressure tested in accordance with 
paragraph (g). Baltimore Tank appealed this provision of the final 
rule, suggesting that the full pressure test procedure as set forth in 
paragraph (g) is not necessary to ascertain if a damaged tank may be 
returned to service. This provision of the April 18 final rule made no 
changes to the long-standing requirements for inspection and testing of 
damaged cargo tanks. Baltimore Tank's appeal is beyond the scope of the 
HM-213 rulemaking and is, therefore, denied.
    Test/Inspection reports. The April 18 final rule amended paragraph 
(b) of Sec.  180.417 to revise the information that must be included on 
test and inspection reports. Baltimore Tank appealed this provision on 
several grounds. First, Baltimore Tank suggests that operators of MC 
306 and MC 307 tanks will have difficulty providing the required 
information concerning the minimum thickness of the cargo tank shell 
and heads (see Sec.  180.417(b)(1)(v)) because such information does 
not typically appear on the tanks' specification plates or 
manufacturing documents; Baltimore Tank further states that minimum 
thickness measurements are rarely needed for MC 306 and MC 307 cargo 
tanks. We disagree. Corroded or abraded areas of a cargo tank 
discovered during an external visual inspection, internal visual 
inspection, or lining inspection must be thickness tested; thus, a 
cargo tank almost certainly will be subjected to thickness testing at 
some point during its operating life. There is no point in conducting a 
thickness test of a corroded or abraded area if there is no number to 
which the thickness of the corroded or abraded area can be compared. 
The operator of an MC 306 or MC 307 cargo tank, working with a 
Registered Inspector, should be able to determine the minimum thickness 
of the cargo tank and enter this information on the inspection report. 
In this final rule, however, we are clarifying that an inspection 
report need only include an indication of the minimum thickness of the 
cargo tank shell and heads on test and inspection reports documenting 
that a thickness test has been performed for any reason on any area of 
the tank shell or heads.
    Baltimore Tank also appealed the provision in Sec.  
180.417(b)(2)(iii), which requires the test or inspection report to 
list all items tested or inspected, suggesting that an item count for a 
multi-compartment MC 306 or DOT 406 CTMV in petroleum service would 
total in the hundreds and, further, that the items checked would not be 
the same from tank to tank. Baltimore Tank recommends that we reduce 
the amount of information required by this section. We disagree that 
this is an onerous or burdensome requirement. The requirement for a 
test/inspection report to list all items tested or inspected is not 
new; current Sec.  180.417(b)(i) includes the same requirement. The 
August 18 final rule added to this section a list of examples of 
information that must be included on the test/inspection report, such 
as information about pressure relief devices, upper coupler assemblies, 
and leakage and pressure testing. An operator may use a checklist. In 
addition, an operator may group items--for example, rather than list 
every item inspected individually, an operator may choose to list items 
by category. Further, the list of information required on a test or 
inspection report will vary depending on the inspection or test 
conducted; all the information listed will not appear on every test or 
inspection report. For these reasons, Baltimore Tank's appeal of the 
test and inspection report provisions of the HM-213 final rule is 
denied.
    Final rule effective date. The April 18 final rule is effective 
October 1, 2003. NPGA and Container Technology request reconsideration 
of the effective date; they state that some of the provisions of the 
April 18 final rule will necessitate extensive and complex redesign of 
certain components of CTMVs. We disagree. The provisions at issue in 
the NPGA request for reconsideration of the effective date are modified 
in this final rule (see ``Appeals Granted'' section above); the 
clarifications requested by Container Technology are addressed in this 
preamble (see ``Clarifications'' section below). The April 18 final 
rule included extended compliance dates for certain provisions, 
including the retrofit and certain marking requirements, of from one to 
three years. For these reasons, the NPGA and Container Technologies 
appeals of the effective date are denied.

C. Corrections

    In addition to the revisions described above, this final rule also 
makes the following corrections to the final rule published April 18:
    1. Corrects several typographical errors in the Hazardous Materials 
Table in Sec.  172.101 and minor typographical errors in Sec. Sec.  
178.337-3, 178.337-17, 178.338-10, 180.407, 180.415, and 180.417.
    2. Inserts the definition for ``manufacturer'' that was 
inadvertently omitted from Sec.  178.320(a).
    3. Corrects an inadvertent omission in Sec.  178.347-1. In the 
preamble to the HM-213 final rule, we agreed with a commenter to add 
paragraph UW-12 to the list of exceptions in paragraph (d)(8), but did 
not do so in the regulatory text.

D. Clarifications

    Container Technologies requested a clarification as to whether, for 
purposes of pad design, accident damage protection devices should be 
considered as structures or appurtenances. Accident damage prevention 
devices are structures. A rear-end damage protection device, such as a 
bumper, typically is attached to the CTMV chassis or suspension 
component, not directly to the cargo tank wall. Overturn damage 
protection devices typically are welded directly to the cargo tank 
wall.

III. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not a significant action under section 3(f) of 
Executive Order 12866 and was not reviewed by the Office of Management 
and Budget. This final rule is not a significant action under DOT's 
Regulatory Policies and Procedures. The revisions adopted in this final 
rule do not alter the cost-benefit analysis and conclusions

[[Page 52368]]

contained in the Regulatory Evaluation prepared for the April 18, 2003 
final rule. The Regulatory Evaluation is available for review in the 
public docket for this rulemaking.

B. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule preempts 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 final rule addresses covered subject item (5) above and 
preempts 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. 
The effective date of Federal preemption is 90 days from the date of 
publication of this final rule.

C. Executive Order 13175

    This final 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 final rule 
does not have tribal implications, does not impose substantial direct 
compliance costs on Indian tribal governments, and does not preempt 
tribal law, the funding and consultation requirements of Executive 
Order 13175 do not apply and a tribal summary impact statement is not 
required.

D. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    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. The revisions adopted in this final rule do not 
alter the cost-benefit analysis and conclusions contained in the 
Regulatory Evaluation prepared for the April 18, 2003 final rule. Based 
on the assessment in the regulatory evaluation, I certify that, while 
this final rule applies to a substantial number of small entities, the 
economic impact on those small entities is not significant.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

E. Paperwork Reduction Act

    This final rule does not impose new information collection 
requirements.

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 final 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 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

    The environmental assessment prepared for the April 18, 2003 final 
rule can be found in the public docket for this rulemaking. The 
revisions adopted in this final rule are relatively minor and, thus, do 
not alter the conclusions contained in the environmental assessment. 
There are no significant environmental impacts associated with this 
final rule.

List of Subjects

49 CFR Part 172

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

0
In consideration of the foregoing, we are making the following 
revisions and corrections to rule FR Doc. 03-9070, published on April 
18, 2003 (68 FR 19258):
0
1. In the table on page 19275, correct the following entries to read as 
follows:

[[Page 52369]]



                                                                                                Sec.   172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                       Hazardous                                                                                                  (8)  Packaging (Sec.   173.***)            (9)  Quantity limitations         (10)  Vessel stowage
                       materials        Hazard                                                                           ---------------------------------------------------------------------------------------------------------------
     Symbols       descriptions and    class or     Identification          PG            Label Codes         Special
                    proper shipping    Division        Numbers                                              provisions      Exceptions       Non-Bulk          Bulk          Passenger    Cargo aircraft     Location          Other
                         names                                                                                                                                             aircraft/rail       only
(1)               (2)...............         (3)  (4)..............  (5)............  (6)...............  (7)...........  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
-----------------
 
                                                                                                              * * * * * * *
                  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...........  60 L..........  220 L.........  A.............
                                                                                                           T2, TP1.
 
                                                                                                              * * * * * * *
                  Gas oil...........           3  UN1202...........  III............  3.................  144, B1, IB3,   150...........  203...........  242...........  60 L..........  220 L.........  A.............
                                                                                                           T2, TP1.
 
                                                                                                              * * * * * * *
                  Gasoline..........           3  UN1203...........  II.............  3.................  139, B33,       150...........  202...........  242...........  5 L...........  60 L..........  E.............
                                                                                                           B101, T8.
 
                                                                                                              * * * * * * *
                  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.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 52370]]


0
2. Beginning on page 19277, in the third column, and continuing on page 
19278, in paragraph (a) of Sec.  178.320, delete the definitions for 
``sacrificial device'' and ``shear section'', revise the definition for 
``cargo tank'', and add a definition for ``manufacturer'' in 
alphabetical order, to read as follows:


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

    (a) * * *
* * * * *
    Cargo tank means a bulk packaging that:
    (1) Is a tank intended primarily for the carriage of liquids, 
gases, solids, or semi-solids and includes appurtenances, 
reinforcements, fittings, and closures (for tank, see Sec. Sec.  
178.337-1, 178.338-1, or 178.345-1, 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.
* * * * *
    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 with the Department in accordance with 
subpart F of part 107 in subpart A of this chapter.
* * * * *


0
3. On page 19279, in the first column, revise paragraph (b)(1) of Sec.  
178.320, to read as follows:


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

* * * * *
    (b) * * * (1) Each cargo tank or cargo tank motor vehicle design 
type, including its required accident damage protection device, must be 
certified to conform to the specification requirements by a Design 
Certifying Engineer who is registered in accordance with subpart F of 
part 107 of this title. An accident damage protection device is a rear-
end protection, overturn protection, or piping protection device.
* * * * *


0
4. On page 19279, in the first column, revise paragraph (b)(1) of Sec.  
178.337-3 to read as follows:


Sec.  178.337-3  Structural integrity.

* * * * *
    (b) Static design and construction. (1) The static design and 
construction of each cargo tank must be in accordance with Section 
VIII, Division 1 of the ASME Code (incorporated by reference; see Sec.  
171.7 of this subchapter). The cargo tank design must include 
calculation of stresses generated by design pressure, the weight of 
lading, the weight of structure supported by the cargo tank wall, and 
the effect of temperature gradients resulting from lading and ambient 
temperature extremes. When dissimilar materials are used, their thermal 
coefficients must be used in calculation of thermal stresses.
* * * * *


0
5. On page 19279, in the third column, revise paragraph (b)(2) of Sec.  
178.337-9, 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, except for sacrificial devices. Malleable metal, stainless 
steel, or ductile iron must be used in the construction of primary 
valve body parts and fittings used in liquid filling or vapor 
equalization. Stainless steel may be used for internal components such 
as shutoff discs and springs except where incompatible with the lading 
to be transported. 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 (1,000[deg] F). 
The method of joining tubing may not reduce the strength of the tubing.
* * * * *


0
6. On page 19280, in the first column and continuing to the second 
column, revise paragraphs (c) and (f) of Sec.  178.337-10, to read as 
follows:


Sec.  178.337-10  Accident damage protection.

* * * * *
    (c) Rear-end tank protection. Rear-end tank protection devices 
must:
    (1) Consist of at least one rear bumper designed to protect the 
cargo tank and all valves, piping and fittings located at the rear of 
the cargo tank from damage that could result in loss of lading 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 motor vehicle 
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. The rear 
bumper dimensions must also meet the requirements of Sec.  393.86 of 
this title; or
    (2) Conform to the requirements of Sec.  178.345-8(d).
* * * * *
    (f) Shear section. A shear section or sacrificial device is 
required for the valves specified in the following locations:
    (1) A section that will break under strain must be provided 
adjacent to or outboard of each valve specified in Sec.  178.337-
8(a)(3) and (4).
    (2) Each internal self-closing stop valve, excess flow valve, and 
check valve 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 failure of the sacrificial 
device must leave the protected lading protection device and its 
attachment to the cargo tank wall intact and capable of retaining 
product.


0
7. On page 19280, in the middle column, and continuing to page 19281, 
revise paragraphs (b) and (c) of Sec.  178.337-17, to read as follows:


Sec.  178.337-17  Marking.

* * * * *
    (b) Name plate. The following information must be marked on the 
name plate in accordance with this section:
    (1) DOT-specification number MC 331 (DOT MC 331).
    (2) Original test date (Orig. Test Date).
    (3) MAWP in psig.
    (4) Cargo tank design temperature (Design Temp. Range) ------[deg]F 
to ------[deg]F.
    (5) Nominal capacity (Water Cap.), in pounds.
    (6) Maximum design density of lading (Max. Lading density), in 
pounds per gallon.
    (7) Material specification number--shell (Shell matl, yyy***), 
where ``yyy'' is replaced by the alloy designation and ``***'' is 
replaced by the alloy type.
    (8) Material specification number--heads (Head matl. yyy***), where 
``yyy''

[[Page 52371]]

is replaced by the alloy designation and ``***'' by the alloy type.
    (9) 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).
    (10) Minimum thickness--heads (Min. heads thick.), in inches.
    (11) Manufactured thickness--shell (Mfd. Shell thick.), top----, 
side----, bottom----, in inches. (Required when additional thickness is 
provided for corrosion allowance.)
    (12) Manufactured thickness--heads (Mfd. Heads thick.), in inches. 
(Required when additional thickness is provided for corrosion 
allowance.)
    (13) Exposed surface area, in square feet.

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

    (c) Specification plate. The following information must be marked 
on the specification plate in accordance with this section:
    (1) Cargo tank motor vehicle manufacturer (CTMV mfr.).
    (2) Cargo tank motor vehicle certification date (CTMV cert. date).
    (3) Cargo tank manufacturer (CT mfr.).
    (4) Cargo tank date of manufacture (CT date of mfr.), month and 
year.
    (5) Maximum weight of lading (Max. Payload), in pounds
    (6) Lining materials (Lining), if applicable.
    (7) Heating system design pressure (Heating sys. press.), in psig, 
if applicable.
    (8) Heating system design temperature (Heating sys. temp.), in 
[deg]F, if applicable.
    (9) Cargo tank serial number, assigned by cargo tank manufacturer 
(CT serial), if applicable.

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


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

* * * * *


0
8. On page 19282, in the first column, revise paragraph (c)(2) of Sec.  
178.338-10, to read as follows:


Sec.  178.338-10  Accident damage protection.

* * * * *
    (c) * * *
    (2) Conform to the requirements of Sec.  178.345-8(b).
* * * * *


0
9. On page 19283, in the third column, in Sec.  178.345-1, revise 
paragraph (c) introductory text and the definitions for ``sacrificial 
device'' and ``shear section'', 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 Sec. Sec.  178.345, 178.346, 178.347, and 178.348. In 
addition, the following definitions apply to Sec. Sec.  178.345, 
178.346, 178.347, and 178.348:
* * * * *
    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.
* * * * *
    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.
* * * * *


0
10. On page 19284, in the third column, correct paragraphs (c)(4) and 
(c)(7) of Sec.  178.345-14, to read as follows:


Sec.  178.345-14  Marking.

* * * * *
    (c) * * *
    (4) Cargo tank date of manufacture (CT date of mfr.), month and 
year.
* * * * *
    (7) Maximum unloading rate in gallons per minute (Max. Unload 
rate).
* * * * *


0
11. On page 19285, in the middle column, add paragraph (d)(8) to Sec.  
178.347-1, to read as follows:


Sec.  178.347-1  General requirements.

* * * * *
    (d) * * *
    (8) The following paragraphs in parts UG and UW of the ASME Code, 
Section VIII, Division I do not apply: UG-11, UG-12, UG-22(g), UG-
32(e), UG-34, UG-35, UG-44, UG-76, UG-77, UG-80, UG-81, UG-96, UG-97, 
UW-12, UW-13(b)(2), UW-13.1(f), and the dimensional requirements found 
in Figure UW-13.1.
* * * * *


0
12. On page 19286, beginning in the first column and continuing to the 
middle column, revise paragraph (b)(2) in Sec.  180.405 to read as 
follows:


Sec.  180.405  Qualification of cargo tanks.

* * * * *
    (b) * * *
    (2) Exception. A cargo tank originally manufactured to the MC 306, 
MC 307, or MC 312 specification may be recertified to the original 
specification provided:
    (i) Records are available verifying the cargo tank was originally 
manufactured to the specification;
    (ii) If the cargo tank was stretched, rebarrelled, or modified, 
records are available verifying that the stretching, rebarrelling, or 
modification was performed in accordance with the National Board 
Inspection Code and this part;
    (iii) A Design Certifying Engineer or Registered Inspector verifies 
the cargo tank conforms to all applicable requirements of the original 
specification and furnishes to the owner written documentation that 
verifies the tank conforms to the original structural design 
requirements in effect at the time the tank was originally constructed;
    (iv) The cargo tank meets all applicable tests and inspections 
required by Sec.  180.407(c); and
    (v) The cargo tank is recertified 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 recertified. The specification 
plate on the cargo tank or the cargo tank motor vehicle must display 
the date the cargo tank was originally certified to the specification.
* * * * *


0
13. On page 19286, in the third column, correct amendatory instruction 
number 52(c) to read as follows:
    52. * * *
    (c) Paragraphs (a)(2), (b)(1), (b)(2), (c), (d)(1), (g)(1)(ii), 
(g)(1)(iv) introductory text, (g)(4), (h)(1) introductory text, (h)(2), 
(i)(5) introductory text, titles and column headings to Tables I and II 
in (i)(5) and (i)(6) are revised.
* * * * *


Sec.  180.407  [Amended]


0
14. On page 19288, make the following corrections to the tables in 
paragraph (i)(5) of Sec.  180.407:
    a. Correct the title to Table I to read ``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 TANKS CONSTRUCTED OF STEEL AND 
STEEL ALLOYS''.

[[Page 52372]]

    b. Correct the title to Table II to read ``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''.


0
15. On page 19289, in the middle column, revise paragraph (c)(1) of 
Sec.  180.413 to read as follows:


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

* * * * *
    (c) * * *
    (1) After maintenance or replacement that does not involve welding 
on the cargo tank wall, the repaired or replaced piping, valve, hose, 
or fitting must be tested for leaks. This requirement is met when the 
piping, valve, hose, or fitting is tested after installation in 
accordance with Sec.  180.407(h)(1). A hose may be tested before or 
after installation on the cargo tank.
* * * * *


0
16. On page 19290, in the middle column, correct the paragraph 
``Examples to paragraph (b)'' in Sec.  180.415 to read as follows:


Sec.  180.415  Test and inspection markings.

* * * * *
    (b) * * *
    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-EPA27'' represent that in February 2000 a cargo tank 
passed the leakage test under Sec.  180.407(h)(2). The markings ``2-00 
K, K-EPA27'' represent that in February 2000 a cargo tank passed the 
leakage test under both Sec.  180.407(h)(1) and under EPA Method 27 in 
Sec.  180.407(h)(2).
* * * * *


0
17. On page 19290, in the second column and continuing to the third 
column, revise paragraphs (b)(2)(v) and (b)(2)(viii) of Sec.  180.417 
to read as follows:


Sec.  180.417  Reporting and record retention requirements.

* * * * *
    (b) * * *
    (2) * * *
    (v) Minimum thickness of the cargo tank shell and heads when the 
cargo tank is thickness tested in accordance with Sec.  180.407(d)(4), 
Sec.  180.407(e)(3), Sec.  180.407(f)(3), or Sec.  180.407(i);
* * * * *
    (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'';
* * * * *

    Issued in Washington, DC, on August 6, 2003, under authority 
delegated in 49 CFR part 1.
Samuel G. Bonasso,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 03-22212 Filed 9-2-03; 8:45 am]
BILLING CODE 4910-60-P