Federal Register, Volume 66 Issue 233 (Tuesday, December 4, 2001)

[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

[[Page 63098]]

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:

* * * * *

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:

* * * * *

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