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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 93-02; Notice 12]

RIN 2127-AF14

Federal Motor Vehicle Safety Standards; Fuel System Integrity of

Compressed Natural Gas Vehicles; Compressed Natural Gas Fuel Container

Integrity

AGENCY: National Highway Traffic Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This document amends Standard No. 303, Fuel System Integrity

of Compressed Natural Gas Vehicles, and Standard No. 304, Compressed

Natural Gas Fuel Container Integrity. It allows any appropriate fuel to

be used for the bonfire test for compressed natural gas (CNG)

containers and adds new labeling requirements for CNG vehicles and

containers. This document also announces and explains the agency's

decision to terminate rulemaking about additional performance

requirements for CNG containers that the agency had proposed.

Rulemaking may be resumed once revisions to the current voluntary

industry standard for CNG containers are completed.

DATES: Effective date: The amendments in this document become effective

September 1, 1996.

Petitions for reconsideration: Any petition for reconsideration of

this rule must be received by NHTSA no later than December 26, 1995.

ADDRESSES: Petitions for reconsideration of this rule should refer to

the above mentioned docket number and be submitted to: Administrator,

National Highway Traffic Safety Administration, 400 Seventh Street,

S.W., Washington, D.C. 20590.

FOR FURTHER INFORMATION CONTACT: For non legal issues: Mr. Gary R.

Woodford, NRM-01.01, Special Projects Staff, National Highway Traffic

Safety Administration, 400 Seventh Street, SW., Washington, D.C. 20590

(Telephone 202-366-4931 or FAX # 202-366-4329).

For legal issues: Mr. Marvin L. Shaw, NCC-20, Rulemaking Division,

Office of Chief Counsel, National Highway Traffic Safety

Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202-

366-2992).

SUPPLEMENTARY INFORMATION:

I. Previous Agency Rulemakings

II. Comments to SNPRM

III. Agency Decision to Adopt Additional Labeling Requirements

A. Overview of Labeling Amendments

B. Vehicle Labeling

C. Container Labeling

1. Labeling Information

2. Labeling Character Size

3. Labeling Location

4. Other Container Label Issues

IV. Agency Decision to Amend the Bonfire Test

V. Agency Decision to Terminate Rulemaking to Adopt Additional

Performance Requirements

VI. Other Container Issues

A. Reports by Manufacturers

B. Aluminum Containers

VII. Rulemaking Analysis and Notices

I. Previous Agency Rulemakings

NHTSA has recently established two Federal motor vehicle safety

standards (FMVSSs) that affect motor vehicles fueled by compressed

natural gas (CNG). On April 25, 1994, the agency published a final rule

establishing Standard No. 303, Fuel System Integrity of Compressed

Natural Gas Vehicles, which specifies tests and performance

requirements for the fuel system of vehicles fueled by CNG. (59 FR

19648) On September 26, 1994, the agency published a final rule

establishing Standard No. 304, Compressed Natural Gas Fuel Container

Integrity, which specifies tests and performance requirements

applicable to a CNG fuel container's durability, strength, and pressure

relief. (59 FR 49010) The September 1994 final rule also specifies

labeling requirements for CNG fuel containers. The CNG container

requirements are based on specifications in ANSI/NGV2, a voluntary

industry standard addressing CNG fuel containers which was adopted by

the American National Standards Institute (ANSI). 1

\1\ NGV2 was developed by an industry working group that

included container manufacturers, CNG users, and utilities.

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ANSI/NGV2 specifies four types of container designs. A Type 1

container is a metallic noncomposite container. A Type 2 container is a

metallic liner over which an overwrap such as carbon fiber or

fiberglass is applied in a hoop wrapped pattern over the liner's

cylinder wall. A Type 3 container is a metallic liner over which an

overwrap, such as carbon fiber or fiberglass, is applied in a full

wrapped pattern over the entire liner, including the domes. A Type 4

container is a non-metallic liner over which an overwrap, such as

carbon fiber or fiberglass, is applied in a full wrapped pattern over

the entire liner, including the domes.

On December 19, 1994, NHTSA published a supplemental notice of

proposed rulemaking (SNPRM) to propose new labeling requirements

applicable to CNG vehicles and additional ones for CNG containers. (59

FR 65299) Along with a proposal to modify the bonfire test which

evaluates pressure relief, the agency also proposed additional

performance requirements and tests to evaluate a CNG container's

structural integrity. Among the proposed tests were environmental

cycling tests, a low temperature impact test, a gunfire test, a flaw

tolerance test, a pendulum impact test, and a drop test. Each of the

proposed performance requirements and test procedures were modeled

after provisions in ANSI/NGV2 or are similar to those requirements. The

agency tentatively concluded that modeling the Federal standard after

ANSI/NGV2 would be the best available way to regulate how a CNG

container reacts to such conditions as corrosive substances,

temperature extremes, external damage, and high energy impact.

II. Comments on the SNPRM

Fourteen commenters responded to the December 1994 SNPRM. The

commenters included vehicle manufacturers (Ford and Navistar); CNG

container manufacturers (EDO, Brunswick, Structural Composites

Industries (SCI) and NGV Systems); trade associations interested in

alternative fueled vehicles (the American Automobile Manufacturers

Association (AAMA), the American Gas Association/Natural Gas Vehicle

Coalition (AGA/NGVC) and the Compressed Gas Association (CGA)); and

other organizations including Washington Gas, Taylor-Wharton Gas

Equipment Division (Taylor-Wharton), Minnegasco, Toho Carbon Fibers,

Inc. (Toho) and Futuretech Consultants (Futuretech).

The commenters generally had reservations about adopting the

performance requirements since the CNG industry is currently revising

ANSI/NGV2. They urged that the agency wait until the industry completes

its revision. In addition, the commenters generally supported the

specific labeling requirements but had reservations about various

aspects of the proposed performance requirements.

[[Page 57944]]

III. Agency Decision To Adopt Additional Labeling Requirements

A. Overview of Labeling Requirements

NHTSA has decided to amend FMVSS No. 303 and FMVSS No. 304 with

respect to labeling CNG vehicles and containers. With respect to CNG

vehicles, the agency has decided to require such vehicles to be labeled

with information about the CNG container's service pressure and a

statement about container inspection and service life. With respect to

CNG containers, the agency has decided to require such containers to be

labeled with the container type (e.g., Type 2), the statement ``CNG

only,'' information about container inspection, and container service

life.

B. Vehicle Labeling

The April 1994 CNG vehicle final rule did not specify requirements

for the labeling of CNG fueled vehicles. In the SNPRM, the agency

proposed to amend FMVSS No. 303 to include two items of information:

S5.3.1 The statement: ``Maximum service pressure ____________ kPa

(____________ psig).''

S5.3.2 The statement ``See instructions on fuel container for

inspection and service life.''

The agency believed that the first item of information would help

assure that CNG containers are not overfilled during refueling. The

second item's purpose is to assure that vehicle owners and operators

are informed about container inspection. In addition, the agency

proposed that, for vehicles manufactured or converted prior to the

first sale to the consumer, the manufacturer provide this information

in writing to the consumer, either in the owner's manual or in a one

page statement. The agency requested comments about the need for

vehicle labeling and written information bearing this and other

information.

AAMA, AGA/NGVC, SCI, Ford, and Minnegasco addressed the issue of

vehicle labeling. AAMA, AGA/NGVC and SCI supported the proposed

requirements. Ford's comments are somewhat contradictory in that it

supports and participated in the preparation of AAMA's comments, but

stated that it believes rulemaking on FMVSS No. 303 and FMVSS No. 304

is premature at this time since NGV2 is currently being upgraded.

NHTSA has decided to amend FMVSS No. 303 to include the vehicle

labeling requirements that were proposed in the SNPRM for the reasons

set forth in that document. The only exception is that instead of

specifying ``maximum service pressure'' on the label, ``service

pressure'' will be specified. This is consistent with the CNG container

label. The rationale for this is discussed in section III.C.4 of this

notice. With respect to Ford's comment, the agency notes that it is

delaying rulemaking on the proposed amendments that address CNG

containers. Since AGA/NGVC is revising NGV2 with respect to CNG

containers and not vehicles, the agency believes that it is appropriate

to adopt the amendments about the labeling of CNG vehicles.

C. CNG Containers

1. Labeling Information

In the September 1994 final rule, NHTSA decided to require that a

CNG container manufacturer certify that each of its containers complies

with the equipment requirements by permanently labeling the container

with the following information: (1) The statement that ``If there is a

question about the proper use, installation, or maintenance of this

container, contact [CNG fuel container manufacturer's name, address,

and telephone number]''; (2) the month and year that the container was

manufactured; (3) the maximum service pressure; and (4) the symbol

``DOT'' which certifies that the container complies with all the

standard's requirements. The agency stated that labeling the container

would provide vehicle manufacturers and consumers with assurance that

they are purchasing containers that comply with the Federal safety

standards. In addition, the agency believed that the requirement

facilitates the agency's enforcement efforts by providing a ready means

of identifying the container and its manufacturer. NHTSA further stated

that it planned to propose additional labeling requirements patterned

after ANSI/NGV2. The agency explained that it could not require these

additional items of information at that time, since such information

had not been proposed.

In the SNPRM, NHTSA proposed to amend S7.4 to require CNG

containers to be labeled with the following additional information:

(1) The container designation (Type 1, 2, 3, or 4),

(2) The statement ``CNG ONLY,''

(3) The statement: ``This container should be visually inspected

after a motor vehicle accident or fire and at least every 36 months for

damage and deterioration in accordance with the Compressed Gas

Association (CGA) guidelines C-6 and C-6.1 for Type 1 containers and C-

6.2 for Types 2, 3, and 4 containers.''

(4) The statement: ``Do Not Use After ____________________,''

inserting the year that is the 15th year beginning after the year in

which the container is manufactured.

NHTSA stated that it would be in the interest of motor vehicle

safety to add this information to the CNG container label. The agency

requested comments about the need for each of these proposed items of

information and alternative ways to specify this information.

NHTSA stated in the SNPRM that adding information about container

type, e.g., Type 1, 2, 3 or 4, would be consistent with the agency's

decision to adopt NGV2's manufacturing and material specifications in

the CNG final rule. For instance, such information would facilitate

oversight of compliance tests, since each type of container is required

to undergo a hydrostatic burst test at a safety factor that varies

according to container type.

NHTSA has decided to require that CNG containers be labeled with

this information, for the reasons set forth in the SNPRM. The agency

received no comments addressing whether CNG containers should be

labeled with information about the container type.

NHTSA stated in the SNPRM that adding the phrase ``CNG ONLY'' would

assure that CNG containers are used only for CNG and are not used for

other fuels for which the containers were not designed, such as

liquefied petroleum gas (LPG).

NHTSA has decided to require that CNG containers be labeled with

this information, for the reasons set forth in the SNPRM. The agency

received no comments addressing whether CNG containers should be

labeled with the phrase ``CNG Only.''

NHTSA stated in the SNPRM that adding information about conducting

periodic inspections in accordance with CGA pamphlets would help assure

the safe use of CNG containers. The agency noted that the proposed

requirement is consistent with ANSI/NGV2's guidelines for visual

inspection of CNG containers after an accident or every 36 months.

NHTSA sought comments about what the most appropriate interval would be

and whether both a time interval and a mileage inspection interval

should be specified.

CGA, SCI, and Brunswick addressed the specific pamphlets referenced

in the proposed labeling requirement. CGA and SCI stated that CGA

pamphlet C-6.2 does not address Type 4 containers. CGA and SCI also

stated that the agency should refer to pamphlet C-6.4, which

[[Page 57945]]

is being developed by the industry and is expected to address Type 2,

3, and 4 containers. Brunswick indicated that the agency should

reevaluate the referenced CGA pamphlets, since they relate to CNG

containers used in transport rather than CNG containers used to fuel

motor vehicles.

NHTSA has decided to adopt a reference to the CGA C-6, C-6.1, and

C-6.2 cylinder publications. The agency believes that the final rule

must reference inspection information about the in-use safety of CNG

containers. The agency believes that the current CGA pamphlets provide

valuable inspection information to help assure fuel container safety

for Type 1, 2, and 3 containers.2 However, since the current CGA

pamphlets do not apply to Type 4 containers, the agency believes that

the label should not reference Type 4 containers. A representative of

CGA has informed the agency that pamphlet C-6.4 should be completed

this year. When that pamphlet is completed, the agency plans to propose

modifying the standard to reference it.

\2\ With respect to Brunswick's comment, NHTSA acknowledges that

there is a difference between CNG containers used in transport and

those used to fuel motor vehicles. Nevertheless, the agency believes

that there are enough important similarities between the types of

containers to warrant providing this safety information.

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Ford and Navistar addressed the issue of inspection interval. Ford

recommended that the inspection statement include both time and mileage

intervals, but did not specify the intervals. Navistar supported a

regular container inspection interval of one year for exterior damage

as well as inspection after an accident. In addition to visual

inspection, Navistar recommended that each container undergo acoustic

emission inspection and that containers not be removed from the vehicle

or be over-pressurized, since these are actions that can reduce a

container's life. Navistar did not state whether labeling should be

required to indicate that an acoustic emission inspection should be

done. Navistar also suggested that the Federal Highway Administration

(FHWA) require periodic inspection of CNG fuel containers used for

commercial vehicles.

NHTSA agrees with Navistar's recommendation to specify a one year

inspection interval. A one year time interval reduces the possibility

that damage caused by external factors would go undetected, a situation

that could lead to container failure. This time interval is also

consistent with the Natural Gas Vehicle Coalition's document titled

``Natural Gas Vehicle Inspection Program,'' (1994), which recommended a

visual container inspection interval of one year. NHTSA also agrees

with Ford's recommendation that the inspection interval include both a

time and a mileage component because apart from time, mileage exposure

could be a factor in leading to premature container failure due to

exterior damage. A 12 month or 12,000 mile interval is consistent with

the recommended interval for many motor vehicle warranties and routine

maintenance items. Based on the above considerations, the agency has

decided to require that the container label specify inspection

intervals of 12 months or 12,000 miles.

NHTSA believes that it would be inappropriate now to require the

label to address acoustic emission testing. Such testing is still in

its development phase. In response to Navistar's suggestion to have the

FHWA inspect CNG containers on commercial vehicles, NHTSA has forwarded

these comments to FHWA which will evaluate the merits of this

recommendation.

Minnegasco stated that while providing information about the

appropriate time interval for inspection is necessary, ``properly using

this information is non-enforceable or impractical'' for several

reasons. It stated that preventive maintenance is not performed on most

public vehicles. It also stated that this requirement assumes that the

tanks are installed so that everyone has access to copies of and

understands the visual inspection criteria in the referenced CGA

documents and that the failure modes can be visually detected before

failure.

NHTSA agrees with Minnegasco that a time interval for inspection is

necessary, since it informs vehicle owners and operators about

important safety information on container inspection. While

Minnegasco's concerns may be justified in the case of some vehicle

owners, many others will benefit from this information. Accordingly,

the agency has decided to require the label to contain information

about inspections.

NHTSA proposed requiring information about the container's service

life in the belief that the vehicle owner should remove a CNG container

from service after its design service life expires. As commenters on

the NPRM stated, this is especially important since there is a finite

period during which CNG containers can be used safely. The agency

proposed 15 years because CNG containers built to follow ANSI/NGV2 have

a design service life of 15 years. Nevertheless, the agency stated that

it would allow a manufacturer to specify the service life length

appropriate to its particular containers, since containers may be built

for a service life other than 15 years.

SCI, Brunswick, and AAMA commented about labeling a container with

information about its service life. SCI and Brunswick recommended that

the expiration month as well as the year be included in this statement.

Brunswick stated that the revised ANSI/NGV2 document is proposing that

containers be designed for a 20 year life. AAMA suggested that

additional enforcement steps may be needed for users least likely to

heed inspection and service life requirements, such as making vehicle

registration contingent upon container inspection.

NHTSA has decided that the CNG container label should include the

following statements about service life:

S7.4(h) The statement: ``Do Not Use After ______/______,''

inserting the month and year to reflect the end of the

manufacturer's recommended service life for the container.

This requirement is consistent with the request by SCI and Brunswick to

include the expiration month and year on the label. This will enhance

vehicle safety by further increasing the likelihood that containers do

not remain in service beyond their useful life. NHTSA has decided not

to adopt the SNPRM's proposal to specify a service life of 15 years.

Instead, the length of a container's recommended service life will be

left to the container manufacturer's discretion.

As for AAMA's comment on vehicle registration, NHTSA does not have

jurisdiction over this matter, which is a State function. If the AAMA

wishes to pursue this matter, it should contact appropriate State

authorities.

2. Label Character Size

The SNPRM proposed that the characters on the container label be at

least 12.7 mm (\1/2\ inch) in height. This is the same as the lettering

height that had been specified in the final rule establishing FMVSS No.

304 container label requirements.

AAMA, Ford, CGA, SCI, and Brunswick commented that the proposed

lettering height is too large and recommended a smaller size. They were

concerned that the \1/2\ inch minimum character height requirement

would result in unreasonably large labels that may wrap around small

diameter containers. Commenters recommended lettering heights of \3/16\

inch, \1/4\ inch, and 3 to 6 mm. Brunswick recommended that the label

statements ``CNG Only'' and ``Do Not Use After ________'' should be in

\1/2\ inch

[[Page 57946]]

characters but the other label statements should be smaller.

NHTSA recently addressed the issue of letter height in its notice

responding to petitions for reconsideration of the label statement

requirements in the final rule establishing FMVSS No. 304. (60 FR

37836; July 24, 1995) Several petitioners had requested that the label

letter height of 12.7 mm (\1/2\ inch) be reduced. In the July 1995

notice, the agency decided to reduce the lettering height to 6.35 mm

(\1/4\ inch), which is more consistent with the label letter height

recommended by commenters to the SNPRM. Since the agency continues to

believe that this lettering size is appropriate, the agency has decided

not to change the decision announced in the July 1995 notice which will

help prevent oversized labels. The agency sees no reason to follow

Brunswick's recommendation to highlight certain lettering with letters

of larger size. Brunswick provided no rationale. The agency believes

that none of the label information is of significantly greater

importance than the other information.

3. Label Location

In the SNPRM, NHTSA proposed that the container label be located

within 30.5 cm (12 inches) of the end of the container containing the

fuel outlet valve.

SCI recommended that the location of the label on the container be

left up to the container and vehicle manufacturer's discretion, or if

this is not acceptable, that the label be centered on the longitudinal

axis of the container where it would be least likely to be obscured by

container mounting hardware. SCI stated that a label that is mounted

within 12 inches of the outlet valve will most likely be obscured by

container mounting hardware, or be on the curved section of long

containers where mounting could be difficult. SCI also recommended that

a duplicate label be located 180 degrees around the container to ensure

one of the labels would be visible regardless of container orientation.

NHTSA has decided not to adopt the requirement in the SNPRM

regarding container label location so as to allow container

manufacturers to mount the labels in the location where they will be

most likely to be visible. The agency believes that in most cases,

container manufacturers will be familiar with the configurations in

which their containers are installed and will therefore be able to best

determine the location on their containers that will provide the best

visibility when mounted on vehicles. In addition, manufacturers have

the option to follow SCI's suggestion of placing a duplicate label on

the opposite side of the container to improve its visibility. Allowing

the manufacturer to choose the mounting location should avoid

compelling the mounting of labels on a section of the container where

permanent mounting of the label could be difficult because the

container's radius is changing along the longitudinal axis. NHTSA

encourages CNG vehicle manufacturers and fuel system installers to

mount CNG containers in such a manner that the label is plainly visible

without having to remove it from the vehicle.

4. Other Container Label Issues

The SNPRM stated that each CNG fuel container would be required to

be ``permanently'' labeled. Also, the label would be required to

include the ``DOT'' symbol, which would constitute a certification by

the container manufacturer that the container complies with all

requirements of this standard.

SCI requested that the term ``permanent,'' as associated with fuel

container labeling, be defined. SCI further stated that the ``DOT''

symbol without additional information is not meaningful, and suggested

that the symbol be expanded to include the Standard number and the

month and year of the Standard's effective date.

SCI, Ford, and Brunswick also commented that the word ``maximum''

in the FMVSS 304 label requirement for ``maximum service pressure''

could be confusing to vehicle operators since it is not commonly used

in the industry, and urged that it be eliminated. The ANSI/NGV2

standard requires that the label include ``service pressure'' without

the word ``maximum.''

NHTSA notes that each of these issues were also raised in the

petitions for reconsideration to the final rule establishing FMVSS No.

304 and were addressed in the agency's recently published notice

responding to the petitions. With respect to permanency, NHTSA

explained in the notice that this term is intended to mean that ``the

label should remain in place and be legible for the manufacturer's

recommended life of the container.'' With respect to references to

``maximum service pressure,'' the agency decided to specify ``service

pressure'' on the container label to reduce confusion. With respect to

the ``DOT'' symbol, the agency decided not to expand the symbol. This

decision is consistent with the symbol's use in other Federal motor

vehicle safety standards for items of motor vehicle equipment. The

reader should refer to that notice for a complete discussion of these

issues.

In commenting on ``maximum service pressure,'' Brunswick stated

that the industry standard for units of pressure measurement is ``bar''

rather than ``kPa'' with ``psig'' as the alternate. FMVSS 304 currently

specifies service pressure in units of kPa (psig).

NHTSA notes that ``kPa'' rather than ``bar'' is specified in FMVSS

No. 304 because the agency has decided to use kPa for the metric fluid

pressure measurement unit in all its safety regulations. Manufacturers

are free to add the term ``bar'' if they so desire.

IV. Agency Decision To Amend the Bonfire Test

In the September 1994 final rule, NHTSA decided to specify that No.

2 diesel fuel be used to generate the fire in the bonfire test. As an

interim measure, the agency specified No. 2 diesel fuel, despite

knowledge that there are environmental problems associated with this

type of fuel. The agency stated that it would study whether other fuels

could be used for the bonfire test.

In the SNPRM, NHTSA decided to propose amending the bonfire test

conditions to allow alternative types of fuel. Specifically, the agency

proposed that the bonfire test could be conducted with any fuel that

generates a flame temperature equivalent to that of No. 2 diesel fuel

(i.e., any fuel that generates a flame temperature of 850 to 900

degrees C). NHTSA requested comments about the appropriateness of using

flame temperature to define equivalence among fuel types.

Commenters addressing the issue of bonfire fuel generally supported

the proposal. EDO and Brunswick favored allowing any fuel as long as

the specified temperature is maintained. Ford commented that the

proposal was appropriate, provided that the flame characteristics of

different fuels are similar. AGA/NGVC also supported the proposal.

NHTSA has decided to amend section S8.3.6 to allow the bonfire test

to be generated by any fuel that generates a flame temperature between

850 and 900 degrees C for the duration of the test. As discussed in the

SNPRM, this modification will provide greater flexibility to those

conducting the bonfire test. Moreover, it will eliminate the provision

requiring the use of a fuel that poses significant environmental

problems.

V. Agency's Decision To Terminate Rulemaking To Adopt Additional

Performance Requirements

Most commenters requested that the agency delay adopting additional

performance requirements for CNG

[[Page 57947]]

containers until the industry completes revisions to its current

voluntary standard for CNG containers, i.e., ANSI/NGV2, August 1992.

The industry is revising and upgrading this standard in an effort to

make it more performance based and to harmonize it with the Canadian

Standards Association (CSA) standard for CNG fuel containers, B51--Part

2. The revisions are also intended to address additional safety

concerns, particularly the failure of two CNG containers on General

Motors pickup trucks which occurred in 1994. The commenters stated that

these revisions, which will result in significant changes to the

current industry standard, are expected to be completed this year.

Similarly, NHTSA received eleven petitions for reconsideration to

the September 1994 final rule requesting that the agency delay further

rulemaking until the industry completes its current revisions to ANSI/

NGV2. The petitioners were Brooklyn Union Gas Company, CGA, Dual Fuel,

Inc., Econogas Fleet Systems, Hercules Aerospace Company, AGA/NGVC,

Public Service Electric and Gas Company, Natural Gas Pipeline Company

of America, Southwest Research Institute, Washington Gas, and The Car

Doctor, Inc.

NHTSA has decided to terminate further rulemaking on CNG container

performance requirements since the agency anticipates that the new

ANSI/NGV2 will be more performance oriented than the existing one on

which the SNPRM was based. In addition, waiting until the industry

completes its revisions will be consistent with international

harmonization since the revisions are expected to make the standard

more consistent with the Canadian standard on CNG containers. Waiting

until the industry completes its revisions is also consistent with the

President's directive on regulatory reform and the agency's efforts to

implement that directive.

Once the industry's revisions are completed, the agency will

evaluate the revisions and then propose their adoption, as appropriate.

The agency believes that in the interim, the safety of CNG containers

will not be significantly compromised by not adopting the additional

performance requirements. Information gathered by the agency during the

development of FMVSS No. 304 indicates that all container manufacturers

that commented on the NPRM were either certifying or building their

containers to meet the provisions of ANSI/NGV2, including those on

which the supplemental performance requirements were based. Further, in

its comments to this SNPRM, AAMA stated that available CNG containers

already meet the ANSI/NGV2 requirements.

VI. Other Container Issues

A. Reports by Manufacturers

SCI requested that the agency add a requirement to FMVSS No. 304

mandating that container manufacturers report to NHTSA accidents

involving their products. SCI stated that this would be similar to the

requirement included in DOT exemptions issued by RSPA. SCI also

requested that the agency explain its enforcement authority.

NHTSA has no authority to require manufacturers to report accidents

involving its products. The agency, through its defect authority, can

investigate such accidents to the fullest detail. In addition, NHTSA

makes available to manufacturers its enforcement procedures for FMVSSs.

B. Aluminum Containers

FMVSS No. 304 requires that CNG containers be manufactured from

materials specified in the standard. Two aluminum alloys are specified

in the standard for fuel containers: 6010 and 6061. The Northwest

Aluminum Company and Luxfer have petitioned the agency to amend the

standard by adding two more aluminums. Northwest requested that alloy

6069 be added to the standard, and Luxfer requested an unspecified

aluminum alloy from the 7000 series be included.

NHTSA has decided to delay rulemaking activities on these petitions

until it can review the soon-to-be completed new version of the

industry standard, ANSI/NGV2. As Luxfer noted in its petition, the new

ANSI/NGV2 requirements for CNG fuel containers will be more performance

oriented than the current version of the standard. It is possible that

the new industry standard will not specify CNG container materials,

thereby allowing manufacturers considerably more flexibility to improve

container designs with respect to cost and performance. The agency

notes that adopting some of the requirements of the new ANSI/NGV2

standard may eliminate the need to add the two new aluminum alloys to

the current version of FMVSS No. 304.

VII. Rulemaking Analyses and Notices

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

Policies and Procedures

NHTSA has considered the impact of this rulemaking action under

Executive Order 12866 and the Department of Transportation's regulatory

policies and procedures. This rulemaking document was not reviewed

under E.O. 12866, ``Regulatory Planning and Review.'' Further, this

action has been determined to be ``nonsignificant'' under the

Department of Transportation's regulatory policies and procedures. The

agency has decided not to prepare a Final Regulatory Evaluation (FRE)

because the impacts of these amendments are so minimal as not to

warrant preparation of a full regulatory evaluation. The amendments

made in today's final rule are requirements related to the labeling of

CNG vehicles and containers, and as such do not result in significant

increases in cost. In the FRE for FMVSS No. 304, the agency stated

``The consumer cost for a label on each CNG fuel container certifying

that the container meets the proposed equipment requirements is

estimated to be in the range of $0.06 to $0.11 per label. This includes

the cost of the label plus labor costs for attachment.'' This continues

to be the case.

B. Regulatory Flexibility Act

NHTSA has also considered the effects of this rulemaking action

under the Regulatory Flexibility Act. Based upon the agency's

evaluation, I certify that this rule will not have a significant

economic impact on a substantial number of small entities. The

amendments will result in only a nominal cost increase resulting from

costs associated with requiring some additional labeling information.

Information available to the agency indicates that businesses

manufacturing CNG fuel containers are not small businesses.

C. Executive Order 12612 (Federalism)

NHTSA has analyzed this rulemaking action in accordance with the

principles and criteria contained in Executive Order 12612. NHTSA has

determined that the rule will not have sufficient Federalism

implications to warrant the preparation of a Federalism Assessment.

D. National Environmental Policy Act

In accordance with the National Environmental Policy Act of 1969,

NHTSA has considered the environmental impacts of this rule. The agency

has determined that this rule will have no adverse impact on the

quality of the human environment. Allowing optional fuels in the

bonfire test provides testing facilities with the ability to use less

environmentally hazardous fuels.

E. Civil Justice Reform

This rulemaking does not have any retroactive effect. Under 49

U.S.C. 30103, whenever a Federal motor

[[Page 57948]]

vehicle safety standard is in effect, a State may not adopt or maintain

a safety standard applicable to the same aspect of performance which is

not identical to the Federal standard, except to the extent that the

State requirement imposes a higher level of performance and applies

only to vehicles procured for the State's use. 49 U.S.C. 30161 sets

forth a procedure for judicial review of final rules establishing,

amending or revoking Federal motor vehicle safety standards. That

section does not require submission of a petition for reconsideration

or other administrative proceedings before parties may file suit in

court.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber

products, Tires.

In consideration of the foregoing, the agency is amending Standard

No. 303; Fuel System Integrity of Compressed Natural Gas Vehicles and

Standard No. 304; Compressed Natural Gas Fuel Container Integrity, Part

571 at Title 49 of the Code of Federal Regulations as follows:

PART 571--[AMENDED]

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

follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166;

delegation of authority at 49 CFR 1.50.

2. Section 571.303 is amended by adding S5.3, S5.3.1 and S5.3.2 and

S5.4, to read as follows:

Sec. 571.303 Standard No. 303, Fuel System Integrity of Compressed

Natural Gas Vehicles.

* * * * *

S5.3 Each CNG vehicle shall be permanently labeled, near the

vehicle refueling connection, with the information specified in S5.3.1

and S5.3.2 of this section. The information shall be visible to a

person standing next to the vehicle during refueling, in English, and

in letters and numbers that are not less than 4.76 mm (3/16 inch) high.

S5.3.1 The statement: ``Service pressure ____________ kPa

(____________ psig).''

S5.3.2 The statement ``See instructions on fuel container for

inspection and service life.''

S5.4 When a motor vehicle is delivered to the first purchaser for

purposes other than resale, the manufacturer shall provide the

purchaser with a written statement of the information in S5.3.1 and

S5.3.2 in the owner's manual, or, if there is no owner's manual, on a

one-page document. The information shall be in English and in not less

than 10 point type.

* * * * *

3. Section 571.304, is amended by revising S7.4, S8.3.2, S8.3.3,

S8.3.4, S8.3.6, and S8.3.7 to read as follows:

Sec. 571.304 Standard No. 304, Compressed Natural Gas Fuel Container

Integrity.

* * * * *

S7.4. Labeling. Each CNG fuel container shall be permanently

labeled with the information specified in paragraphs (a) through (h) of

this section. Any label affixed to the container in compliance with

this section shall remain in place and be legible for the

manufacturer's recommended service life of the container. The

information shall be in English and in letters and numbers that are at

least 6.35 mm (\1/4\ inch) high.

(a) The statement: ``If there is a question about the proper use,

installation, or maintenance of this container,

contact____________________,'' inserting the CNG fuel container

manufacturer's name, address, and telephone number.

(b) The statement: ``Manufactured in ____________,'' inserting the

month and year of manufacture of the CNG fuel container.

(c) The statement: ``Service pressure ____________ kPa,

(____________psig).''

(d) The symbol DOT, constituting a certification by the CNG

container manufacturer that the container complies with all

requirements of this standard.

(e) The container designation (e.g., Type 1, 2, 3, 4).

(f) The statement: ``CNG Only.''

(g) The statement: ``This container should be visually inspected

after a motor vehicle accident or fire and at least every 12 months or

12,000 miles, whichever comes first, for damage and deterioration in

accordance with the Compressed Gas Association (CGA), Arlington VA,

Guidelines C-6 and C-6.1 for Type 1 containers and C-6.2 for Types 2

and 3 containers.''

(h) The statement: ``Do Not Use After ____________'' inserting the

month and year that mark the end of the manufacturer's recommended

service life for the container.

* * * * *

S8.3.2 The CNG fuel container is positioned so that its

longitudinal axis is horizontal. Attach three thermocouples to measure

temperature on the container's bottom side along a line parallel to the

container longitudinal centerline. Attach one at the midpoint of the

container, and one at each end at the point where the dome end

intersects the container sidewall. Subject the entire length to flame

impingement, except that the flame shall not be allowed to impinge

directly on any pressure relief device. Shield the pressure relief

device with a metal plate.

S8.3.3 If the test container is 165 cm (65 inches) in length or

less, place it in the upright position. Attach three thermocouples to

measure temperature on the container's bottom side along a line which

intersects the container longitudinal centerline. Attach one at the

midpoint of the bottom of the container, and one each at the point

where the dome end intersects the container sidewall. Subject the

container to total fire engulfment in the vertical. The flame shall not

be allowed to impinge directly on any pressure relief device. For

containers equipped with a pressure relief device on one end, the

container is positioned with the relief device on top. For containers

equipped with pressure relief devices on both ends, the bottom pressure

relief device shall be shielded with a metal plate.

S8.3.4 The lowest part of the container is suspended at a distance

above the fire such that the container bottom surface temperatures

specified in S8.3.6 are achieved.

* * * * *

S8.3.6 The fire is generated by any fuel that maintains a flame

temperature between 850 and 900 C for the duration of the test, as

verified by each of the three thermocouples in S8.3.2 or S8.3.3.

* * * * *

S8.3.7 The fuel specified in S8.3.6 is such that there is

sufficient fuel to burn for at least 20 minutes. To ensure that the

sides of the fuel container are exposed to the flame, the surface area

of the fire on a horizontal plane is such that it exceeds the fuel

container projection on a horizontal plane by at least 20 cm (8 inches)

but not more than 50 cm (20 inches).

* * * * *

Issued on: November 16, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95-28626 Filed 11-22-95; 8:45 am]

BILLING CODE 4910-59-P