Construction of Cargo Tank Motor Vehicles; Extension of Compliance Date

SUMMARY: RSPA is granting an extension for the continued construction

of cargo tank motor vehicles to the MC 306, MC 307, MC 312, MC 331, and

MC 338 specifications. The date is extended from April 21, 1994 to

August 31, 1995. This extension is based on comments received from the

Truck Trailer Manufacturers Association, the Heil Co., and members of

the Compressed Gas Association. This final rule allows cargo tank

manufacturers additional time to implement engineering procedures

required for manufacture of cargo tank motor vehicles to the new DOT

406, DOT 407 and DOT 412 specifications and to implement design

modifications as a result of changes to the structural integrity

calculations in the MC 331 and MC 338 specifications.

DATES: Effective: This final rule will become effective on March 14,

1994, unless RSPA receives, by February 11, 1994, comments that

illustrate that extension of the compliance date is not in the public

interest. Upon receipt of such comments, RSPA will publish a document

in the Federal Register withdrawing this final rule.

Public meeting: A public meeting will be held on February 7 and 8,

1994. It will begin at 9 a.m. on February 7, 1994.

ADDRESSES: Written comments: Comments may be mailed or hand-delivered

to the Dockets Unit (DHM-30), Research and Special Programs

Administration, U.S. Department of Transportation, 400 Seventh St.,

SW., Washington, DC 20590-0001. Comments should identify the docket and

notice number and be submitted in five copies. Persons wishing to

receive confirmation of receipt of their comments should include a

self-addressed stamped postcard. The Dockets Unit is located in room

8421 of the Nassif Building, 400 Seventh Street, SW., Washington, DC

20590-0001. Telephone: (202) 366-5046. Public dockets may be reviewed

between the hours of 8:30 a.m. and 5 p.m., Monday through Friday except

Federal holidays.

Public meeting: The public meeting will be held at the U.S.

Department of Transportation (Meeting room 2230, Nassif Building), 400

Seventh Street SW., Washington, DC, 20590-0001.

FOR FURTHER INFORMATION CONTACT: Ronald Kirkpatrick, telephone (202)

366-4545, Office of Hazardous Materials Technology, or Jennifer Karim,

(202) 366-4488, Office of Hazardous Materials Standards, Research and

Special Programs Administration, U.S. Department of Transportation,

Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

A. Background

RSPA published final rules under Docket Nos. HM-183/HM-183A

establishing three new cargo tank specifications designated as DOT 406,

DOT 407 and DOT 412 (June 12, 1989, 54 FR 24982; May 22, 1990, 55 FR

21035; September 7, 1990, 55 FR 37028; June 17, 1991, 56 FR 27872). The

rules also made changes to the structural integrity calculations for

the MC 331 and MC 338 cargo tanks.

To allow manufacturers sufficient time to implement changes in

their manufacturing operations, RSPA provided for the continued

manufacture of cargo tanks to the MC 306, MC 307 and MC 312

specifications until August 31, 1993. However, as manufacturers began

implementing the new requirements, certain technical issues were

brought to RSPA's attention. To allow time for resolving these issues,

RSPA extended the date that cargo tanks may no longer be constructed to

the MC 306, MC 307, MC 312, MC 331 and MC 338 specifications from

August 31, 1993 to April 21, 1994 (March 8, 1993, 58 FR 12904).

On March 3, 1993, RSPA published a notice of proposed rulemaking

(NPRM) proposing to amend certain requirements for the manufacture,

qualification and maintenance of cargo tank motor vehicles (March 3,

1993, 58 FR 12316). The NPRM was in response to petitions for

rulemaking received after publication of the final rules. The NPRM

addressed certain technical requirements for the construction of the

DOT-400 series specifications and the structural integrity calculations

in the MC 331 and MC 338 specifications. The comment period for the

NPRM closed on June 15, 1993.

A public meeting to address issues raised in the NPRM was held in

Chicago on March 24 and 25, 1993. At the meeting, several significantly

different views of design engineers and cargo tank manufacturers were

identified. Additionally, preliminary results were presented at the

public meeting of an advanced structural evaluation (using finite

element analysis) of the MC 331 cargo tank which raised questions in

regard to stress levels in areas of concentrated loadings.

In response to the NPRM and to issues raised at the public meeting,

commenters requested that RSPA provide a one-year continuation for

construction of cargo tanks to the MC 306, MC 307, MC 312, MC 331 and

MC 338 specifications. The commenters stated that they need time to

finalize their engineering designs, develop written specifications,

order raw materials, and establish new training requirements. Because

of the complexity and impact of issues that will be addressed in the

final rule and new concerns raised by the commenters, RSPA is extending

the compliance date to August 31, 1995. However, because industry did

not request an extension of the provisions specified in Sec. 178.337-6,

pertaining to inspection opening or manhole requirements for certain

smaller cargo tanks, RSPA is not extending the April 21, 1994

compliance date specified in that section.

RSPA is issuing this extension of the compliance date because we

view this as a noncontroversial amendment and do not anticipate any

adverse comments. This final rule will be effective March 14, 1994,

unless by February 11, 1994, RSPA receives comments that illustrate

that extension of the compliance date is not in the public interest.

Upon receipt of such comments, RSPA will withdraw this final rule

before the effective date by simultaneously publishing two subsequent

documents. One document will withdraw this final rule and another will

begin a new rulemaking by announcing a proposal to extend the

compliance date and establishing a comment period. If no such comments

are received, RSPA will publish a document in the Federal Register

confirming that this final rule will be effective on March 14, 1994.

B. Public Meeting

The process of developing the DOT-400 series cargo tank motor

vehicle specifications and of updating the MC 331 and MC 338 cargo tank

motor vehicle specifications has extended over more than ten years.

During this time, the process has been conducted in accordance with the

Administrative Procedure Act, with the attendant advantage of offering

ample time for manufacturers and users to comment on proposed changes

and to provide alternative means of achieving enhanced safety of cargo

tank motor vehicles in hazardous materials service. Some major issues,

however, remain unresolved. These issues pertain to structural

integrity, accident damage protection, use of dual function pressure

relief devices, and ASME certification of low pressure cargo tank motor

vehicle manufacturers. Changes endorsed several years ago are now being

questioned by some industry members. In addition, RSPA received several

petitions for rulemaking raising certain issues not previously

addressed.

RSPA will conduct a public meeting, in an effort to resolve these

issues. The following issues will be discussed at the times noted:

Date: February 7, 1994 9 a.m. until 12 p.m.

MC 331 and MC 338 Specifications

Structural integrity. Several commenters have expressed concern

over the application and combination of loadings used to determine the

effective stress at any given point on a cargo tank motor vehicle.

Based on industry's experience in design, operation, maintenance and

repair of high pressure cargo tank motor vehicles, RSPA solicits

information on loading combinations that may be encountered during the

operation of these tanks.

Date: February 7, 1994, 1 p.m. until 5 p.m. and February 8, 1994, 8

a.m. until 5 p.m.

DOT 406, DOT 407 and DOT 412 Specifications

1. Structural integrity. Several commenters have expressed concern

over the application and combination of loadings used to determine the

effective stress at any given point on a cargo tank motor vehicle.

Based on industry's experience in design, operation, maintenance and

repair of cargo tank motor vehicles, RSPA solicits information on

loading combinations that may be encountered during the operation of

these tanks.

2. Accident damage protection. Several commenters have stated that

it is not possible to meet the prescribed accident damage protection

requirements. RSPA solicits information on alternative means to provide

cargo tank motor vehicles with adequate bottom, rollover, and rear-end

protection.

3. Dual function pressure relief devices. Several commenters have

stated that it is not possible to design dual function pressure relief

devices. However, advertisements in trade magazines indicate that such

vents are available. RSPA solicits data on the development and

availability of dual function pressure relief devices.

4. ASME certification of low pressure cargo tank motor vehicle

manufacturers. The Cargo Tank Manufacturers Association (CTMA)

submitted for RSPA's consideration a quality control program for

manufacturers of low pressure DOT 406 cargo tank motor vehicles as an

alternative to requiring each manufacturing facility to have ASME

Certification. Copies of the CTMA proposal are available in RSPA's

Docket Unit. RSPA solicits specific comments on the adequacy of the

CTMA proposal; particularly in the areas of manufacturing quality

control and independent inspection. Information received at the public

meeting and in response to the NPRM will be used in the development of

the final rule under Docket HM-183C. However, RSPA may make certain

issues subject to a separate rulemaking action.

C. Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

This rulemaking is exempt from review by the Office of Management

and Budget under Executive Order 12866. Although the June 12, 1989

final rule was significant under the regulatory procedures of the

Department of Transportation (44 FR 11034), this document is not

significant because it does not impose additional requirements and has

the effect of extending a compliance date. This rule, in fact, provides

regulatory and economic relief in some areas. The original regulatory

evaluation of the final rule was not modified because this final rule

does not impose additional requirements and does not make substantive

changes to the final rule.

Executive Order 12612

This final rule has been analyzed in accordance with the principles

and criteria contained in Executive Order 12612 (``Federalism''). The

Hazardous Materials Transportation Act contains an express preemption

provision (49 App. U.S.C. 1804(a)(4)) that preempts State, local, and

Indian tribe requirements on certain covered subjects. Covered subjects

are:

(i) The designation, description, and classification of hazardous

materials;

(ii) The packing, repacking, handling, labeling, marking, and

placarding of hazardous materials;

(iii) The preparation, execution, and use of shipping documents

pertaining to hazardous materials and requirements respecting the

number, content, and placement of such documents;

(iv) The written notification, recording, and reporting of the

unintentional release in transportation of hazardous materials; or

(v) The design, manufacturing, fabrication, marking, maintenance,

reconditioning, repairing, or testing of a package or container which

is represented, marked, certified, or sold as qualified for use in the

transportation of hazardous materials.

This final rule concerns the manufacturing requirements for

packagings represented as qualified for use in the transportation of

hazardous materials.

This final rule preempts State, local, or Indian tribe requirements

in accordance with the standards set forth above. The HMTA (49 App.

U.S.C. 1804(a)(5)) provides that if DOT issues a regulation concerning

any of the covered subjects after November 16, 1990, DOT must determine

and publish in the Federal Register the effective date of Federal

preemption. That 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 has determined that the

effective date of Federal preemption for these requirements will be 90

days after publication in the Federal Register.

Thus, RSPA lacks discretion in this area, and preparation of a

federalism assessment is not warranted.

Regulatory Flexibility Act

I certify that this final rule will not have a significant economic

impact on a substantial number of small entities. This rule applies to

manufacturers of DOT specification cargo tank motor vehicles.

Paperwork Reduction Act

This amendment imposes no changes to the information collection and

recordkeeping requirements contained in the June 12, 1989 final rule,

which was approved by the Office of Management and Budget (OMB) under

the provisions of 44 U.S.C. chapter 35 and assigned control number

2137-0014.

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.

List of Subjects

49 CFR Part 173

Hazardous materials transportation, Packaging and containers,

Radioactive materials, Reporting and recordkeeping requirements,

Uranium.

49 CFR Part 180

Hazardous materials transportation, Motor carriers, Motor vehicle

safety, Packaging and containers, Reporting and recordkeeping

requirements.

In consideration of the foregoing, title 49, chapter I of the Code

of Federal Regulations, is amended as set forth below.

PART 173--SHIPPERS-GENERAL REQUIREMENTS FOR SHIPMENTS AND

PACKAGINGS

1. The authority citation for part 173 continues to read as

follows:

Authority: 49 App. U.S.C. 1803, 1804, 1805, 1806, 1807, 1808,

1817; 49 CFR part 1, unless otherwise noted.

Sec. 173.33 [Amended]

2. In Sec. 173.33, the following changes are made:

a. In paragraph (c)(4), the date ``April 21, 1994'' is revised to

read ``August 31, 1995''.

b. In paragraph (d)(1), the date ``April 21, 1994'' is revised to

read ``August 31, 1995''.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

3. The authority citation for part 180 continues to read as

follows:

Authority: 49 App. U.S.C. 1803; 49 CFR part 1.

Sec. 180.405 [Amended]

4. In Sec. 180.405, the following changes are made:

a. In paragraph (b), the date ``April 21, 1994'' is revised to read

``August 31, 1995''.

b. In paragraph (c)(1) table, under column 2, the date ``April 22,

1994'' is revised to read ``September 1, 1995.''

Sec. 180.413 [Amended]

5. In Sec. 180.413, in paragraphs (d)(1)(i), (ii) and (iii), the

date ``April 21, 1994'' is revised to read ``August 31, 1995''.

Sec. 180.417 [Amended]

6. In Sec. 180.417, in the heading of paragraph (a)(3), the date

``April 22, 1994'' is revised to read ``September 1, 1995''.

Issued in Washington, DC on January 6, 1994 under authority

delegated in 49 CFR Part 1.

Rose A. McMurray,

Acting Administrator, Research and Special Programs Administration.

[FR Doc. 94-636 Filed 1-11-94; 8:45 am]

BILLING CODE 4910-60-P