Hazardous Materials: Revision to Regulations Governing Transportation and Unloading of Liquefied Compressed Gases

SUMMARY: RSPA is revising regulations applicable to the transportation

and unloading of liquefied compressed gases. The revisions include new

inspection, maintenance, and testing requirements for cargo tank

discharge systems, including delivery hose assemblies, and revised

attendance requirements applicable to liquefied petroleum gas and

anhydrous ammonia to take account of certain unique operating

characteristics. The revised attendance requirements provide a greater

level of confidence that a qualified person attending the unloading

operation can quickly identify and stop an unintentional release.

Further, RSPA is revising requirements for cargo tank emergency

discharge control equipment to provide a clear performance standard for

passive emergency discharge control equipment that shuts down unloading

operations without human intervention. The revised requirements also

provide for a remote capability for certain cargo tanks to enable a

person attending the unloading operation to shut off the flow of

product when away from the motor vehicle during delivery. RSPA is

allowing a two-year period for development and testing of emergency

discharge control technology. After two years, newly manufactured MC

331 cargo tank motor vehicles must be equipped with emergency discharge

control equipment that complies with the performance standards; MC 330,

MC 331 and certain nonspecification cargo tank motor vehicles already

in service must be retrofitted at their first scheduled pressure test

after the two-year period. These revisions are intended to reduce the

risk of an unintentional release of a liquefied compressed gas during

unloading, assure prompt detection and control of an unintentional

release, and make the regulatory requirements easier to understand and

comply with.

DATES: Effective Date: July 1, 1999.

Voluntary Compliance Date: RSPA is authorizing immediate voluntary

compliance.

Incorporation by Reference Date: The incorporation by reference of

the publications listed in these amendments has been approved by the

Director of the Federal Register effective July 1, 1999.

FOR FURTHER INFORMATION CONTACT: Jennifer Karim or Susan Gorsky, Office

of Hazardous Materials Standards, Research and Special Programs

Administration, (202) 366-8553; or Nancy Machado, Office of the Chief

Counsel, Research and Special Programs Administration, (202) 366-4400.

SUPPLEMENTARY INFORMATION:

List of Topics

I. Background

II. Statement of the Issues

III. Comments on the NPRM

IV. Revisions to the Regulations

A. Prevention

B. Identification

C. Mitigation

D. Implementation Schedule

E. Miscellaneous

F. Section-by-Section Review

V. Regulatory Analyses and Notices

I. Background

The goal of this rulemaking is to enhance transportation safety by

improving the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-

180) as they relate to the unloading of liquefied compressed gases from

MC 330, MC 331 and certain nonspecification cargo tanks. Concerns about

emergency discharge control on some of these cargo tanks were

identified following an incident in 1996. In 1997, the Research and

Special Programs Administration (RSPA, ``we'') adopted a final rule

under Docket Number RSPA-97-2133 (HM-225; 62 FR 7638, 62 FR 44038, 62

FR 65187) establishing certain temporary alternative regulations in

Sec. 171.5 of the HMR under which cargo tanks could remain in service

while we evaluated this incident and other situations in which

liquefied compressed gases were released unintentionally from cargo

tanks during unloading operations. The temporary regulations expire

July 1, 1999.

On August 18, 1997, we published an advance notice of proposed

rulemaking under Docket Number RSPA-97-2718 (HM-225A; 62 FR 44059)

soliciting public comment on a number of specific topics related to

cargo tank unloading operations of liquefied compressed gases. We

received more than 150 comments addressing federal agency jurisdiction;

active and passive emergency discharge control systems; suggestions for

modification of cargo tank discharge systems; hoses, hose assemblies,

and hose management; and vehicle attendance requirements.

On July 16, 1998 (63 FR 38456), RSPA established a negotiated

rulemaking committee (the Committee) to develop recommendations for

alternative safety standards for preventing and mitigating

unintentional releases of liquefied compressed gases during the

unloading of cargo tank motor vehicles. In a negotiated rulemaking,

representatives of interests affected by a regulation meet to discuss

the safety issues and to identify potential solutions. The group

attempts to reach consensus on a proposed solution and prepares a

recommendation for a notice of proposed rulemaking to be made by the

agency. This process is intended to give parties the opportunity to

find creative solutions, improve the information data base for

decisions, produce more acceptable rules, enhance compliance, and

reduce the likelihood of court challenges.

For this rulemaking, in addition to the Department of

Transportation (DOT), the Committee consisted of persons who represent

the interests affected by this rulemaking, including businesses that

transport and deliver liquefied petroleum gases, anhydrous ammonia and

other liquefied compressed gases; manufacturers and operators of cargo

tanks and vehicle components; and state and local public safety and

emergency response agencies. Particular care was taken to identify any

unique interests that were determined to be significantly affected by

the proposed rule and ensure that they were fully represented on the

Committee.

The Committee met in plenary and working sessions on seven

occasions and developed a number of recommendations for enhancing the

safety of cargo tank unloading operations. Among the materials

considered by the Committee in developing its recommendations were the

prior rulemaking actions in RSPA-97-2133, public comments filed in

response to those actions, information provided by regulatory and

enforcement officials, and incident data. We issued a notice of

proposed rulemaking based on the Committee's recommendations on March

22, 1999 (64 FR 13856).

The requirements in this final rule replace the provisions of the

temporary regulation in Sec. 171.5 with a comprehensive safety program

intended to reduce the risk of an unintentional release of a liquefied

compressed gas during unloading, assure prompt detection and control of

an unintentional release, and make the

[[Page 28031]]

regulatory requirements easier to understand and comply with. The

Committee agrees that the costs imposed by this final rule will be off-

set by the benefits. The Committee had no role in preparing DOT's

``Final Regulatory Evaluation'' or ``Environmental Assessment'' and did

not consider them in its deliberations.

II. Statement of the Issues

The goal of all parties to this negotiated rulemaking was to

enhance safety in transportation through improvements in the

regulations governing the unloading of liquefied compressed gases from

MC 330, MC 331, and certain nonspecification cargo tanks. Concerns with

emergency discharge control on certain of these cargo tanks were

identified in 1996. RSPA issued the temporary regulation in Sec. 171.5

of the HMR to address these concerns as related to the unloading of

liquefied compressed gases because information and data gathered during

the rulemaking process indicated that the problems were not limited to

specific materials or specific cargo tank configurations.

The Committee focused its discussions, analyses, and

recommendations on liquefied petroleum gases (LPG) and anhydrous

ammonia. These are the liquefied compressed gases that are most

commonly transported in cargo tanks; as a result, LPG and anhydrous

ammonia are the materials most frequently involved in unintentional

releases during unloading. However, in this final rule, the Department

is addressing safety issues related to unloading of all liquefied

compressed gases that present risks similar to or more serious than

those presented by LPG and anhydrous ammonia. The issues identified by

the Committee apply equally to compressed gases with poison inhalation

hazards, refrigerant gases, and compressed gases that present risks

similar to those of LPG and anhydrous ammonia. The safety benefits that

will be realized from these revisions justify a broad rulemaking

approach.

As one of its first activities, the Committee examined incident

reports of unintentional releases of LPG, anhydrous ammonia, and sulfur

dioxide during unloading operations. The data included incidents

reported to RSPA as required by Secs. 171.15 and 171.16 of the HMR and

other incidents not required to be reported to RSPA that were

identified through reports from DOT field office staff, industry

representatives, and newspapers. The Committee identified 69 incidents

that occurred from 1990 to 1998 and analyzed them to determine how the

current regulations applicable to unloading could be improved.

More than 54 percent of the incidents resulted in unintentional

releases from hoses and hose fittings. Another 37 percent involved

releases that originated from equipment on the cargo tank motor vehicle

itself, including pump seals, swivel joints, pump flanges, and piping

and related fittings such as gauges, filters, and flex connectors. Many

of these incidents appeared to result from problems with maintenance,

installation, or mechanical damage rather than design flaws. Based on

this information, the Committee concluded that improved inspection and

maintenance programs for delivery hose assemblies and other discharge

system components would prevent many incidents and, thus, would improve

the safety of cargo tank unloading operations.

However, the Committee also concluded that additional safety

enhancements are possible. Thus, the Committee agreed to consider

alternative approaches for identifying the occurrence of unintentional

releases and reducing their severity by determining which methods or

combination of methods provide the most cost-effective means for

controlling unintentional releases during cargo tank unloading

operations. The Committee heard presentations from manufacturers of a

variety of systems designed to shut down cargo tank unloading

operations automatically (without the need for human intervention) or

by means of off-truck remote shut-off devices.

Based on its discussion and findings, the Committee recommended a

program combining measures to prevent unintentional releases during

unloading operations with measures that will assure quick

identification of releases and effective mitigation. Therefore, we are

revising the HMR in these areas:

Prevention--new inspection, maintenance, and testing

requirements for discharge systems, including delivery hose assemblies,

on cargo tanks transporting liquefied compressed gases.

Identification--revised attendance requirements for

monitoring unloading operations of LPG and anhydrous ammonia to take

account of certain unique operating characteristics while assuring that

the person attending the unloading operation can quickly determine if

an unintentional release occurs.

Mitigation--revised requirements for emergency discharge

control equipment on certain cargo tanks in liquefied compressed gas

service to provide a clearer performance standard for equipment that

shuts down unloading operations without human intervention and to

provide for an off-truck remote capability for certain cargo tanks to

enable a qualified person attending the unloading operation to shut off

the flow of product from wherever he may need to be during the

delivery. The new requirements vary according to the degree of risk

involved with the transportation of specific liquefied compressed

gases.

III. Comments on the NPRM

Seven organizations submitted comments on the NPRM. Commenters were

generally supportive of the proposals in the NPRM and urged their

prompt adoption. Four commenters raised concerns with certain aspects

of the NPRM: (1) the Michigan State Police Motor Carrier Division

Hazardous Materials Unit; (2) Rutherford Equipment; (3) The Chlorine

Institute; and (4) the Sulfur Dioxide Mutual Assistance Response Team.

In addition, two organizations that are members of the Committee--the

National Propane Gas Association and The Fertilizer Institute--

submitted comments on the Environmental Assessment and Preliminary

Regulatory Evaluation, which were developed by RSPA to support the

NPRM. Also, five individual members of the Committee submitted joint

comments on the Environmental Assessment and the Preliminary Regulatory

Evaluation. The comments are discussed in detail below.

Michigan State Police

The Michigan State Police Motor Carrier Division Hazardous

Materials Unit (the Unit) endorses the proposals in the NPRM, but notes

a potential enforcement problem involving recordkeeping associated with

the proposed discharge system inspection and maintenance program in

Sec. 180.416. In addition, the Unit opposes the proposal to permit use

of the term ``spray-fill'' in place of ``vapor'' for marking cargo tank

product inlet lines.

Concerning recordkeeping, the Unit states that proposed

Secs. 180.416(b)(5) and 180.416(f)(3) do not address where the

inspection records are to be kept and for how long. The Unit recommends

that the final rule specify that the records are to be maintained at a

carrier's place of business for six months (as is required for driver

logbooks) or one year (as is required for shipping papers).

While the NPRM is not specific on this point, the Committee had

intended that the records required by Secs. 180.416(d)(5) and

180.416(f)(3) would be maintained in the same

[[Page 28032]]

manner as currently required for cargo tank test records in

Sec. 180.417. Section 180.417(b)(2) requires the owner of a cargo tank

to retain a copy of test and inspection reports until the next test or

inspection of the same type is successfully completed. We agree that

this requirement is not clear in the NPRM. Thus, the final rule has

been modified to include an explicit requirement for retention of test

and inspection records in Sec. 180.416 similar to the provision in

Sec. 180.417(b)(2).

Concerning the use of ``spray-fill'' to designate cargo inlet vapor

lines, the Unit states that the terms ``vapor'' and ``liquid'' are not

easily misunderstood, but that the term ``spray-fill'' can be

interpreted in a number of ways. The Unit recommends that, to avoid

confusion on the part of enforcement and emergency response personnel,

this proposal be deleted. We do not agree. The industry commonly uses

the term ``spray-fill'' to designate product inlet lines that

communicate with vapor. This practice helps to assure that there is no

confusion about where to connect loading and unloading lines. We do

agree with the Unit that the paragraph as drafted is confusing and

difficult to follow. We have revised this section for the final rule to

clarify that it is only product inlet lines that communicate with vapor

that may be designated ``spray-fill.'' Other lines that communicate

with vapor, such as vapor equalization lines, must be designated

``vapor.''

Rutherford Equipment

The commenter representing Rutherford Equipment is concerned about

the procedure proposed in the NPRM for pressure testing new and

repaired hose assemblies by operators in the field. The commenter

states that the person conducting the visual inspection could be

endangered because the rule does not include a requirement that the

hose must be restrained or caged during the pressure test. We do not

believe that it is necessary to include such a requirement in this

regulation. We expect that suitable safeguards will be provided to

protect personnel and facilities should a hose fail during a pressure

test. Written procedures developed by manufacturers of hoses and

apparatus for pressure testing hose assemblies generally include

cautionary statements advising persons conducting such tests to take

all necessary safety precautions. Therefore, no change has been made to

this final rule.

The Chlorine Institute

The Chlorine Institute comments address: (1) The requirement in the

NPRM that emergency discharge control systems must be certified by a

Design Certifying Engineer; (2) the proposed definition of ``metered

delivery service;'' (3) use of the term ``internal self-closing stop

valve;'' (4) the implementation date for the proposed requirement that

chlorine cargo tanks be unloaded in conformance with Pamphlet 57 of the

Chlorine Institute; and (5) the applicability of proposed Sec. 178.337-

8 to chlorine cargo tanks.

The NPRM proposed to require passive shut-down systems, including

those installed on cargo tank motor vehicles prior to July 1, 2001, to

be certified by a Design Certifying Engineer. The certification would

affirm that the system would shut off the flow of product without the

need for human intervention within 20 seconds of an unintentional

release caused by a complete separation of the delivery hose. The

Chlorine Institute states that chlorine cargo tanks have excess flow

valves under liquid angle valves that are designed to shut down product

flow if an angle valve is broken off. The Chlorine Institute further

states that the excess flow valve would also activate ``under the

proper conditions'' in the event of a complete separation of the

delivery hose. However, the Chlorine Institute is concerned that

manufacturers of excess flow valves used on cargo tanks in chlorine

service will not provide the required certification because an excess

flow valve is only one component of a larger system.

System certification was a major issue for the Committee. The

Committee recognized that component manufacturers might be reluctant to

provide a performance certification for a system of which their

component was only a part. Thus, the Committee proposed that a system

performance certification be provided by a Design Certifying Engineer,

who could be employed by a cargo tank manufacturer, a component

manufacturer, a cargo tank owner or operator, or a third party.

The performance certification must consider any manufacturing

specifications for components used in the system and must explain how

the system operates and the parameters within which it is designed to

operate. A performance certification for the emergency discharge

control system on a chlorine cargo tank would thus explain the function

of each element of the system and enumerate the ``proper conditions''

within which the system is designed to operate.

The Committee believes that certification of passive emergency

discharge control systems installed on cargo tank motor vehicles is

critical for successful implementation of the final rule. Therefore,

the final rule does not change the proposal in the NPRM for all passive

shut-down systems, including those installed on cargo tank motor

vehicles prior to July 1, 2001, to be certified by a Design Certifying

Engineer.

Concerning the proposed definition of ``metered delivery service,''

the Chlorine Institute is concerned that the definition could be

misinterpreted if ``metered'' were read to mean ``under the control of

a valve or nozzle.'' The Chlorine Institute recommends that the

proposed definition be modified to make clear that, in metered delivery

service, the flow of product passes through a calibrated measuring

device. We do not agree that the proposed definition for ``metered

delivery service'' could be interpreted to mean ``under the control of

a valve or nozzle.'' The definition proposed in the NPRM for ``metered

delivery service'' is an unloading operation conducted at a metered

flow rate of 100 gallons per minute or less through an attached

delivery hose with a nominal inside diameter of 1.25 inches or less. In

this context, ``metered flow rate'' clearly refers to a meter--that is,

a calibrated measuring device. Thus, we have made no change to the

final rule.

Concerning use of the term ``internal self-closing stop valve,''

the Chlorine Institute suggests that, whenever reference is made to an

internal self-closing stop valve in the final rule, it should be clear

that the rule does not apply to cargo tanks, such as those used for

transportation of chlorine, that do not have internal self-closing stop

valves. We agree that it is not always clear in the NPRM that certain

MC 330 and MC 331 cargo tanks are not equipped with internal self-

closing stop valves and, thus, that requirements applicable to such

valves do not apply to these cargo tanks. We have made several

clarifications in the final rule.

Proposed Sec. 177.840(u) requires operators unloading chlorine from

cargo tanks to comply with section 3 of Pamphlet 57 ``Emergency Shut-

off Systems for Bulk Transfer of Chlorine.'' The Chlorine Institute

asks that the final rule include an implementation date of two years

after the effective date of the final rule, or July 1, 2001. This

implementation date has been added in the final rule.

Concerning the applicability of proposed Sec. 178.337-8, the

Chlorine Institute notes that chlorine cargo tanks do not have openings

to permit complete drainage; do not have openings that must be closed

with a

[[Page 28033]]

plug, cap, or bolted flange; and do not have back flow check valves.

Therefore, the Chlorine Institute suggests that this section should be

modified to clarify that it does not apply to chlorine cargo tanks. For

the final rule, we have revised the title of paragraph (a) of

Sec. 178.337-8 to indicate that it contains general requirements

applicable to cargo tank openings and added language specifying that

paragraph (a) applies to MC 331 cargo tanks except for those used to

transport chlorine. We have also revised paragraph (b) for clarity.

Sulfur Dioxide Mutual Assistance Response Team

The Sulfur Dioxide Mutual Assistance Response Team (SMART)

expresses concern over the proposed requirement for certain cargo tanks

to be equipped with an emergency discharge control system that will

shut off unloading without human intervention within 20 seconds of an

unintentional release caused by a complete hose separation. SMART

asserts that a complete separation of a delivery hose ``is not a

situation that has occurred in the sulfur dioxide industry'' and, thus,

sees no reason for imposition of the proposed requirement on cargo

tanks used to transport sulfur dioxide. SMART also states that the

technology to meet the proposed requirement does not yet exist and that

``it is unlikely that a device that may be appropriate for propane is

going to work for sulfur dioxide.'' SMART is also concerned that its

interests were not ``appropriately represented'' on the negotiated

rulemaking committee. SMART requests that the final rule except cargo

tanks that transport sulfur dioxide from the requirement for a passive

emergency discharge control system. Failing that, SMART asks for

reconsideration of the proposed implementation date for these systems.

From the beginning, our goal has been an open and inclusive process

that would enable anyone with an interest in the rulemaking to provide

information and to comment on proposals. The notice announcing our

intention to establish a negotiated rulemaking committee (63 FR 30572;

June 4, 1998) listed those interests that we believed should be

represented on the Committee and invited commenters to identify other

interests that should also be represented. The notice identified the

Compressed Gas Association and National Tank Truck Carriers as

organizations that should be included on the Committee to represent the

interests of manufacturers and transporters of liquefied compressed

gases other than LPG and anhydrous ammonia.

Once the Committee was established, interested parties who were not

selected for membership were invited to attend Committee meetings,

which were open to the public, caucus with Committee members

representing their interest on the Committee, address the Committee or

submit written comments on issues of concern, and participate in the

informal work groups that were established by the Committee to address

certain technical issues and draft regulatory text. Further, in January

1999, we circulated a draft NPRM to the Committee and other interested

persons, including SMART's representative, thereby providing an

opportunity for interested persons to provide comments in advance of

formal publication of the NPRM. At the Committee's February meeting,

Committee members and other participants discussed the draft NPRM in

detail.

SMART's comments highlight the accident history of sulfur dioxide

in transportation. We recognize that unintentional releases of

liquefied compressed gases during unloading occur infrequently and that

events such as complete hose separations during unloading are also

infrequent events. However, an unintentional release of a gas that is

poisonous by inhalation, such as sulfur dioxide, can have very serious

consequences if it is not controlled quickly. The proposed requirement

for passive emergency discharge control systems is designed to address

potential risks to the public safety associated with such low-

probability/high-consequence events. SMART has not provided sufficient

information to justify its request for an exception from the proposed

requirement; therefore, we have made no changes to the final rule.

Although SMART states that technology capable of automatically

shutting off unloading in the event of complete hose failure cannot be

available within two years, the industry is field-testing several

promising systems, and at least one company is marketing a system that

appears to meet the performance standard established in the proposed

rule. Further, we note that, as is the case with chlorine, cargo tanks

used to transport sulfur dioxide currently are equipped with an

emergency discharge control system that may well meet the proposed

performance standard provided certain operating conditions are met. If

so, the existing system can be so certified by a Design Certifying

Engineer. Thus, we have made no changes to the implementation schedule

proposed in the NPRM.

Comments on Environmental Assessment and Preliminary Regulatory

Evaluation

Several members of the Committee submitted formal comments

expressing concerns about specific issues discussed in the

Environmental Assessment and Preliminary Regulatory Evaluation. All of

the commenters reiterated their support for the proposed regulatory

program and their certainty that the safety benefits of the proposed

program outweigh its costs.

Concerning the Environmental Assessment, commenters stated that

some of the possible scenarios discussed are so improbable that they

are not representative of the risks the new regulations are designed to

addressed and should not have been presented. One factor normally

considered in an Environmental Assessment is risk to health or safety.

In this case, the most significant environmental effects of an

unintentional release of material are the health and safety threats at

the time of the release to humans, animals, and vegetation. Comments on

the Environmental Assessment centered on potential fatality figures

cited for several different delivery scenarios. These figures are

intended to provide some sense of the upper bound, worst-case, or

``could range up to'' consequences that are possible in an accident.

RSPA recognizes that unintentional releases of liquefied compressed

gases during unloading occur infrequently and that events such as these

are of very low probability. Less extreme outcomes are not as

improbable. The safety measures adopted through this rulemaking,

however, act to further reduce the likelihood of either category of

events or mitigate consequences should they occur. Regardless of

differences on how they may choose to portray risks, both RSPA and

commenters come to the same conclusion: there are no significant

environmental impacts associated with the proposed regulations.

Concerning the preliminary regulatory evaluation, commenters were

primarily concerned that it understates the costs of the proposed

regulations. In several cases, RSPA has adjusted cost figures upwards

to reflect information provided by commenters. Where commenters did not

offer specific information to support their arguments, RSPA elected to

continue to rely on its original estimates. A complete discussion of

individual comments received is included in the final Regulatory

Evaluation. Notwithstanding their differences in characterizing the

costs associated with the proposed program,

[[Page 28034]]

RSPA and the commenters agree that the costs imposed by this final rule

will be off-set by the benefits.

IV. Revisions to the Regulations

A. Prevention

We are revising the HMR to incorporate the following measures to

prevent unintentional releases during unloading of liquefied compressed

gases:

A hose management program, including post-delivery safety

checks of hoses and hose assemblies.

A new inspection and maintenance program for on-truck

components of a cargo tank's discharge system.

A visual check of the discharge system and its components

prior to each unloading.

Hose Management Program

The Committee conducted an in-depth analysis of the incident data

for liquefied compressed gas spills during unloading. The data indicate

that failure of hoses and piping components is the cause of the

majority of unloading incidents. In addition, the data show that

relatively minor leaks can result in major consequences if a liquefied

flammable gas is ignited. For these reasons, the Committee decided that

any rule it recommended should contain provisions focused on preventing

incidents.

Supporting this position is research conducted by Pennsylvania

State University's Transportation Institute (PSUTI) under contract with

The Fertilizer Institute. PSUTI analyzed the risks involved in

deliveries of anhydrous ammonia and the most cost effective way of

mitigating those risks. The PSUTI study identified a hose management

program as the most cost-effective method of mitigating risks

associated with unloading anhydrous ammonia.

The majority of the incidents examined by the Committee involved

leaks from hoses or failures of hose couplings. An incident in Sanford,

North Carolina, in September of 1996 provides an example. In that case,

the hose couplings of a newly assembled delivery hose assembly

disconnected from the hose when subjected to delivery pressures. Less

severe hose failures are more frequent and generally occur as a result

of cuts and gouges to hoses that have experienced rough handling, such

as being dragged across uneven ground or over rough structures during

deliveries.

For the reasons outlined above, we are requiring a hose management

program for liquid transfer hoses carried on cargo tanks that transport

liquefied compressed gases. Although the accident data and analysis

focused on unloading operations involving LPG and anhydrous ammonia,

the preventive measures are equally applicable to unloading operations

for all liquefied compressed gases. The requirements include tests of

new and repaired hose assemblies; safety checks of hoses after each

unloading; monthly and annual hose assembly inspections; and specific

rejection criteria.

The hose management program applies to delivery hose assemblies on

cargo tank motor vehicles used to transport liquefied compressed gases.

For purposes of this rule, a ``delivery hose assembly'' is defined as a

liquid delivery hose and its attached couplings. During Committee

deliberations, certain Committee members described instances in the

field when it is necessary to attach ``adapters'' to the end of a

delivery hose assembly to unload product from the cargo tank into the

receiving container. Because these adapters are not regularly attached

to the liquid delivery hose and its couplings, they are not considered

part of the delivery hose assembly for purposes of the hose management

program.

The hose management program requires an operator to remove and

replace damaged hose sections and to correct any defects discovered in

hoses or hose assemblies. The operator is required to pressure test a

repaired hose at a minimum of 120 percent of the maximum working

pressure of the hose before placing it back in service. A pressure test

is not required if the operator corrects defects such as replacing or

tightening loose or missing bolts or fastenings on bolted hose assembly

couplings, provided no slipping of the coupling has occurred.

The annual hose inspection must be conducted by a Registered

Inspector as part of the leakage test procedures already required by

the HMR, making updating of registration unnecessary. For hoses not

permanently attached to the cargo tank motor vehicle, the annual hose

test does not necessarily have to be done by the same Registered

Inspector or at the same time as the leakage test for the cargo tank

motor vehicle.

Discharge System Inspection and Maintenance

Another area of emphasis identified by the Committee with respect

to prevention of incidents during unloading was targeted at leaks from

piping systems--defined by the Committee to include any component other

than the delivery hose assembly that contains product during unloading.

Again, the incident data indicate that leaks from piping components

during unloading are a cause of a significant proportion of the

reported incidents. The Committee heard presentations from two pump

manufacturers about how pumps function and how they should be

maintained. The Committee also investigated meters and other piping

components.

Because of the incident data and the constant wear on piping

components, we are requiring a program of inspections and tests for

piping systems in cargo tanks that transport liquefied compressed

gases. The inspection and testing program is similar to the program

required for hoses. Piping system inspections and tests must include

monthly checks of internal self-closing stop valves for closure,

testing of linkages designed to close internal self-closing stop valves

during emergencies, visual inspections of all piping system components,

and rejection criteria for piping system components.

Pre-Delivery Safety Check

As an additional means to prevent unintentional releases from cargo

tank delivery hose assemblies and piping, the person unloading

liquefied compressed gases from a cargo tank must visually check those

components of the discharge system that are readily observed during the

normal course of unloading. This check must be done before each

delivery after the pressure in the discharge system has reached at

least equilibrium with the pressure in the cargo tank. This check

should assure that all connections are secure and that each component

of the discharge system, including delivery hose assemblies and piping,

is of sound quality and free of defects detectable through visual

observation and audio awareness.

B. Identification

We are establishing new attendance provisions applicable to

unloading of LPG and anhydrous ammonia. The attendance provisions in

Sec. 177.834(i), which we are revising for clarity and consistency,

will apply to all other cargo tank loading and unloading operations. We

are making the following changes to the HMR:

A definition for ``metered delivery service.''

Revised regulations for monitoring the unloading

operations of LPG and anhydrous ammonia in metered delivery service.

Revised regulations for monitoring the unloading

operations of liquefied compressed gases.

[[Page 28035]]

Definition for ``Metered Delivery Service''

The Committee recommended that the attendance requirements in the

HMR take account of the differences in design and configuration of

cargo tank motor vehicles delivering LPG and anhydrous ammonia.

Unloading of LPG and anhydrous ammonia from large-capacity cargo tanks

through large-diameter delivery hoses involves the transfer of

thousands of gallons of product into large storage containers at a rate

of 200-400 gallons per minute. Typically, the vehicle is unloaded

through a short delivery hose (less than 25 feet).

Note: As an aid to the reader, units of measure in this preamble

are expressed in U.S. standard or customary units. In the regulatory

text, consistent with the requirements of Sec. 171.10 of the HMR,

they are expressed using the International System of Units (``SI''

or metric) as the regulatory standard, followed in parentheses by

the U.S. standard unit.

Cargo tank motor vehicles that unload LPG or anhydrous ammonia

through small-diameter delivery hoses differ in design and operation.

These vehicles are used almost exclusively for deliveries in which

small volumes of product are transferred to small storage containers at

metered flow rates much lower than those used in other unloading

operations. The average delivery for these vehicles involves the

transfer of fewer than 170 gallons of product at a rate of 40-60

gallons per minute through a delivery hose that commonly ranges from

100 to 150 feet in length.

To account for these differences, we are defining a new term--

``metered delivery service.'' The definition for ``metered delivery

service'' is an unloading operation conducted at a metered flow rate of

100 gallons per minute or less through an attached delivery hose with a

nominal inside diameter of 1.25 inches or less.

Monitoring Unloading Operations for Metered Delivery Service

By far the most common unloading scenario for cargo tank motor

vehicles in metered delivery service is the delivery of propane for

heating and cooking by households and small businesses, and for light

industrial applications. In these settings, the vehicle is typically

positioned in the customer's driveway, farm lane, or parking area, and

the customer's storage container is located to the side or rear of the

facility. The storage container may be located more than 25 feet from

the nearest point of vehicle access, and can be up to 150 feet away in

extreme cases. Fences, buildings, vegetation, or other obstructions may

make it impossible to maintain an unobstructed view of the cargo tank

from the position of the storage container.

The delivery hose on a cargo tank motor vehicle in metered delivery

service remains attached and full of product during transit. It is

equipped with a hose end valve that the attendant opens and closes to

start and stop the flow of product into a customer container in the

course of each delivery. As a result, an attendant located at the

receiving container has a ready means to shut off the flow of gas in

the event of a leak at the connection to the receiving container. An

attendant located at the vehicle end of the system could respond to

such a leak by closing the vehicle's internal self-closing stop valve,

but product in the downstream piping and hose could still continue to

escape until the hose empties. Attendance at the position of the

receiving container has the advantage of facilitating more effective

mitigation of releases at the connection to the receiving container

through use of the hose end valve.

Attendance at the receiving container also addresses safety

concerns about overfilling. The primary tool used to ensure against

overfilling is a fixed maximum liquid level gauge mounted on customer

containers. Propane industry safety procedures emphasize the need for

close attendance of receiving containers to ensure that this gauge is

monitored as necessary to prevent overfilling.

While these considerations favor attendance at receiving

containers, attendance at the vehicle end of the unloading system can

effectively ensure prompt mitigation of releases from hose assemblies,

piping, pump seals, or other components of the unloading system through

closure of the internal self-closing stop valve. A requirement for

attendance at one end of the unloading system to the exclusion of the

other would thus be inappropriate. Therefore, the Committee agreed that

the attendant should monitor both ends of the delivery system. Because

of concerns about potential cost and other factors, the Committee

agreed that using two persons to monitor unloading operations is not a

viable option.

This final rule requires the qualified person attending the

unloading operation to remain within 150 feet of the cargo tank and

within 25 feet of the delivery hose throughout the unloading operation.

In addition, the qualified person must observe the cargo tank, the

receiving container, and the delivery hose at least once every five

minutes during unloading operations that take more than five minutes to

complete. For purposes of this requirement, the qualified person is not

required to be in position to view the entire length of the delivery

hose.

This requirement should assure that leaks are detected before a

substantial release occurs. Many of the releases that occur during

metered delivery operations occur in close proximity to the attendant

and are thus detected immediately. In any event, substantial releases

should usually be evident to the attendant at any point along the

delivery hose, whether or not such releases occur close to the

attendant or within the attendant's field of view. Indeed, industry

experience has been that substantial leaks during unloading are

typically detected first by sound rather than by sight, regardless of

the position of the attendant relative to the cargo tank or the source

of the leak. Large ruptures and similar mechanical failures are

accompanied by loud pops or bangs, followed by the hiss of escaping

gas, both of which should be audible at a significant distance in most

environments. Even small releases can cause changes in pump sound or

vibration, or oscillation in the delivery hose that are detectable by

an experienced qualified person located within 25 feet of the delivery

hose.

Monitoring Unloading Operations for Other Than Metered Delivery Service

For a cargo tank in other than metered delivery service, as well as

for all cargo tanks in LPG and anhydrous ammonia service, a manual

emergency discharge control system is located on or within the cargo

tank itself. Any releases that occur during unloading are detectable

from the position of the cargo tank because of the short delivery hose

used; therefore, safety considerations favor attendance from that

position. Thus, for unloading of anhydrous ammonia and LPG in other

than metered delivery service, and for other liquefied compressed gases

in all types of service, the qualified person attending the unloading

operation must be positioned within 25 feet of the cargo tank during

unloading. The qualified person must maintain an unobstructed view of

the cargo tank and the delivery hose to the maximum extent possible

during unloading, except during short periods when it is necessary to

activate controls or monitor the receiving tank. For purposes of this

``unobstructed view'' requirement, the qualified person is not required

to be in position to view the entire length of the delivery hose.

[[Page 28036]]

Monitoring Unloading Operations for Dual Service Vehicles

Where cargo tank motor vehicles in anhydrous ammonia or LPG service

are equipped to unload with both small diameter delivery hoses (1.25

inch nominal inside diameter or less) and larger diameter delivery

hoses, the requirements for attending unloading operations for metered

delivery service apply when such vehicles are being used to transfer

product at a metered flow rate of 100 gallons per minute or less

through the small diameter hose. The attendance requirements applicable

to unloading operations for other than metered delivery service apply

at all other times.

Taken together, the Committee believes that the new attendance

requirements will provide the flexibility necessary to accommodate the

need to ensure that both ends of the unloading system can be monitored

effectively and, in combination with new inspection and emergency

discharge control requirements, will provide greater safety benefits on

a cost-effective basis.

C. Mitigation

The Committee considered alternatives to the current regulatory

requirements for emergency discharge control with a view towards

assessing their effectiveness and the need for modifications. We are

making the following revisions to the current requirements for

equipment designed to minimize the consequences of an unintentional

release of a liquefied compressed gas:

Modification of the performance standard for a passive

means to shut down unloading--that is, one that operates without human

intervention.

Modification of the current requirements for emergency

discharge control equipment on cargo tanks transporting liquefied

compressed gases to account for varying degrees of risk presented by

specific materials.

New requirements for design and certification of emergency

discharge control equipment.

A new requirement that all internal self-closing stop

valves on MC 330 and MC 331 cargo tanks and nonspecification cargo

tanks authorized by Sec. 173.315(k) with water capacities less than or

equal to 3,500 gallons be equipped with a fusible element. Fusible

elements are currently required on cargo tanks with capacities greater

than 3,500 water gallons.

A requirement for unloading operating procedures to be

maintained on cargo tank motor vehicles.

Modification of the Performance Standard for Passive Means To Shut Down

Unloading

A ``passive'' means to shut down unloading when a leak is detected

is one that operates automatically, that is, without human

intervention. The current regulation at Sec. 178.337-11(a)(1)(i) of the

HMR requires that ``each internal self-closing stop valve and excess

flow valve must automatically close if any of its attachments are

sheared off or if any attached hoses or piping are separated.'' It was

reported to the Committee that Sec. 178.337-11(a)(1)(i) has been a

source of confusion since it was amended in 1989. This section might be

read as requiring an excess flow valve or an internal self-closing stop

valve with an integral excess flow valve or excess flow feature to

close automatically at any time if any attachments were sheared off or

attached hoses or piping were separated regardless of the rate of flow

of product through the valve. An excess flow valve is only required to

close if its flow rating as established by the original manufacturer is

exceeded. In this final rule, we are clarifying the current regulations

to accurately reflect an excess flow valve's performance capabilities.

The clarification appears in Sec. 178.337-8(a)(4)(iv).

None of the unloading incidents examined by the Committee involve

complete separations of piping. Indeed, incidents involving piping and

other discharge system components on the cargo tank itself usually

involve relatively small leaks or releases. Because complete

separations of piping during cargo tank unloading operations are

unlikely to occur, the Committee concluded that RSPA should modify the

current performance standard for passive shut-down. Thus, in this final

rule, a passive means to shut off the flow of product is defined as one

that is designed to shut off the flow of product without the need for

human intervention in the event of an unintentional release caused by a

complete hose separation.

With respect to shearing off of piping, the requirement for

automatic shut-down in the event of a complete pipe separation is

modified to apply only to shearing off of piping directly attached to

an excess flow valve or an internal self-closing stop valve with an

integral excess flow valve or excess flow feature. The modification

requires the valve to close automatically when any piping mounted

directly on the valve is sheared off at a point before the first valve,

pump, or fitting downstream from the excess flow valve or excess flow

feature if the flow of product reaches the rated flow of gas or liquid

specified by the original valve manufacturer. The current requirement

for installation of additional downstream excess flow valves if

branching or other restrictions reduce the flow rating to less than

that of the excess flow valve at the cargo tank is eliminated.

Modification of Requirements for Emergency Discharge Control Equipment

The Committee considered two types of emergency discharge control

equipment: (1) Passive means to shut down unloading, and (2) off-truck

remote shut-off equipment that can be activated by a person attending

an unloading operation at a distance from the cargo tank. The Committee

also discussed different cargo tank motor vehicle configurations and

capacities with a view towards determining the most appropriate

equipment for each configuration and operating situation.

a. Passive shut-down. For cargo tanks transporting LPG and

anhydrous ammonia in other than metered delivery service, the Committee

agreed that a requirement for a means to shut off the flow of product

without human intervention in the event of a complete liquid hose

separation is justified because of higher flow rates during unloading

and the relatively low projected cost of technology currently being

developed. The Committee recommended that each MC 330 and MC 331 cargo

tank intended for transportation of LPG or anhydrous ammonia in other

than metered delivery service must be equipped with a passive means to

shut down unloading that is designed to shut off the flow of product in

the event of unintentional releases resulting from complete liquid

transfer hose separations only.

The Committee discussed at length the timeframe within which the

passive means should operate. The Committee agreed that the regulation

should require shut down of unloading within a specified timeframe.

Most of the technology currently being developed is designed to shut

off the flow of product within 10 seconds. However, the Committee was

concerned that none of this technology has been operationally tested

with liquefied compressed gases. The Committee was also concerned that

the characteristics of specific materials could make it difficult to

shut down unloading immediately. For this reason, this final rule

requires that a passive means to shut off the flow of product must

operate without human intervention within 20 seconds of an

unintentional release caused by a

[[Page 28037]]

complete liquid transfer hose separation. We encourage the industry to

develop technology that operates effectively and reliably in a shorter

amount of time. Faster shut-down means that serious consequences

resulting from unintentional releases are less likely.

We believe that the safety benefits of a passive means to shut down

unloading justify its use on cargo tanks that transport Division 2.3

materials--gases that are poisonous by inhalation. An unintentional

release of a Division 2.3 material can have devastating consequences if

it is not controlled quickly. In addition, we believe that materials

transported in other than metered delivery service that present the

same hazards as LPG and anhydrous ammonia should be transported in

cargo tanks with a passive shut-down capability. The concerns about

high flow rates during unloading apply equally to these materials as to

LPG and anhydrous ammonia. Thus, we are adopting the Committee's

recommendation for passive shut-down to require that all shipments of

gas poisonous by inhalation (Division 2.3 materials), and shipments in

other than metered delivery service of non-flammable compressed gas

(Division 2.2 materials) with a subsidiary hazard, flammable gas

(Division 2.1 materials), and anhydrous ammonia must be transported in

cargo tanks equipped with a means to shut off the flow of product

without human intervention within 20 seconds of an unintentional

release caused by a complete liquid transfer hose separation.

In many instances, the equipment utilized to meet the proposed

requirement for passive shut-down may be contained in the delivery hose

assembly. The Committee heard from at least two vendors that have

developed passive shut-down technology based on specially equipped

delivery hose assemblies.

We are aware that a number of owners or operators of facilities

receiving liquefied compressed gases from cargo tank motor vehicles

require, as a condition of unloading, that the cargo tank operator

utilize the facility's hose assembly for the unloading operation. In

most cases, such facility hoses are subject to standards of the

Occupational Safety and Health Administration (OSHA) of the Department

of Labor and/or state requirements that are consistent with the

recommendations of the National Fire Protection Association (NFPA).

For those situations where a facility requires the use of its own

hose assembly for unloading and the cargo tank operator relies on a

specially fitted delivery hose to comply with the requirement for

passive emergency shut-down, the new regulation permits unloading

provided two conditions are met. First, the qualified person monitoring

the unloading operation must remain within arm's reach of the

mechanical means of closure for the internal self-closing stop valve

throughout the unloading operation except for short periods when it is

necessary to activate controls or monitor the receiving container.

Second, the qualified person monitoring the unloading operation must

visually examine the facility hose for obvious defects prior to

beginning unloading.

b. Off-truck remote shut-offs. For cargo tanks transporting LPG and

anhydrous ammonia in metered delivery service, the Committee agreed

that a passive shut-down capability is not justified in terms of costs

versus benefits. These cargo tanks deliver LPG or anhydrous ammonia

through small diameter hoses at low flow rates. Delivery times commonly

average 3-5 minutes. The discharge rate serves as a limiting factor on

risk--over a period of seconds or even minutes, the average amount of

product released in an incident will be relatively small.

At the same time, however, the Committee agreed that the qualified

person attending the unloading of a cargo tank in metered delivery

service must be able to quickly mitigate an unintentional release to

prevent significant consequences. Thus, the Committee recommended that

a cargo tank motor vehicle in metered delivery service for LPG or

anhydrous ammonia must be equipped with an off-truck remote means to

close the internal self-closing stop valve and shut off all motive and

auxiliary power equipment when activated by a qualified person

attending the unloading of the cargo tank motor vehicle. The activation

device must not be capable of reopening the internal self-closing stop

valve once it has been closed in an emergency; this is to assure that

an operator cannot unintentionally restart the flow of product with the

off-truck remote during an emergency.

We recognize that even reliable, well-designed wireless

transmitter/receiver systems cannot be expected to function in every

circumstance. In a small percentage of cases, signal interference may

require the attendant to change position before such a system will

function. In a very small number of cases, unusual site conditions may

make it impossible to operate such a system at all. The latter could

occur where signal interference is particularly severe (e.g., at a

radio tower) or where the use of a wireless transmitter is prohibited

(e.g., at a construction site where blasting operations are being

conducted). Under the final rule, such limitations are considered

acceptable. We also recognize that some deliveries will be made under

conditions where an otherwise operable wireless transmitter/receiver

system cannot be used or might not function and believe that the other

safety features of this proposed rule should be considered sufficient

in such cases. Accordingly, the final rule does not prohibit deliveries

in such circumstances.

The Committee did not want to limit operators of cargo tanks to a

single type of off-truck remote shut-off technology. While most include

radio frequency devices, the Committee is aware of at least one off-

truck remote shut-off device that is located at the end of a specially

configured delivery hose. This technology increases the abrasion-

resistance of a hose, thereby reducing the potential for hose failures,

and has the added feature of shutting down the flow of product without

human intervention in the event of either a delivery hose leak or a

complete separation of the delivery hose. Where the final rule includes

a requirement for the qualified person to carry the off-truck remote

activation device at all times during the unloading process, there is

an exception for a system that places the remote shut-down device at

the end of the delivery hose and that also includes an automatic shut-

down feature that reacts to both hose leaks and complete hose

separations.

There are several important safety benefits associated with an off-

truck remote shut-off capability. In the event of an unintentional

release, the qualified person will be able to quickly close the

internal self-closing stop valve, thereby minimizing the amount of

product released. The qualified person will also be able to quickly

shut off the vehicle's engine and thus eliminate a possible ignition

source. Further, the qualified person will not be placed in harm's way

by having to approach the vehicle during an incident when it may be

enveloped in vapors of released product or engulfed in flames if there

is a fire at the point of release. These safety benefits are so

significant that we are adopting the Committee's recommendation to

require that each cargo tank in metered delivery service transporting a

non-flammable compressed gas (Division 2.2 material) with a subsidiary

hazard, a flammable gas (Division 2.1 material), or anhydrous ammonia

have an off-truck remote shut-

[[Page 28038]]

off capability designed in accordance with the Committee's

recommendation.

c. Cargo tank size and emergency discharge control. The size of

cargo tanks that transport LPG or anhydrous ammonia in metered delivery

service varies. Most have a water capacity of 3,500 gallons or less.

However, we know of between 150 and 170 cargo tanks transporting LPG

and anhydrous ammonia in metered delivery service with capacities

greater than 3,500 gallons. The Committee discussed whether larger

capacity vehicles in metered delivery service present increased risks

to life, health, property, or the environment. RSPA believes that the

capacity of a cargo tank could have a significant effect on the worst-

case consequences of an incident, particularly where the qualified

person's view of the vehicle is obstructed or obscured. To address

these concerns, this final rule requires that cargo tanks with

capacities greater than 3,500 water gallons transporting LPG and

anhydrous ammonia in metered delivery service must, for obstructed view

deliveries, in addition to an off-truck remote shut-off capability,

have either: (1) A passive shut-down capability to shut off the flow of

product without human intervention within 20 seconds of an

unintentional release caused by a complete hose separation, or (2) a

means to automatically shut off the flow of product unless prompted at

least once every five minutes during the unloading operation by the

person attending the unloading operation (e.g., an off-truck remote

shut-off capability with a query feature). These types of emergency

discharge control will assure that the unloading operation will shut

down even if the qualified person is incapacitated.

Here again, we believe that the safety issues apply equally to

certain cargo tanks transporting other liquefied compressed gases in

metered delivery service with hazards similar to LPG and anhydrous

ammonia. Thus, this requirement is adopted for all non-flammable

compressed gases (Division 2.2 materials) with a subsidiary hazard,

flammable gases (Division 2.1 materials), and anhydrous ammonia in

metered delivery service in cargo tanks with capacities greater than

3,500 water gallons.

The following table summarizes the provisions of this final rule

for emergency discharge control equipment on cargo tanks transporting

liquefied compressed gases:

----------------------------------------------------------------------------------------------------------------

New required emergency

Material Cargo tank capacity Delivery service discharge control equipment

----------------------------------------------------------------------------------------------------------------

1. Division 2.2 materials with no All................... All................... None.

subsidiary hazard, excluding

anhydrous ammonia.

2. Division 2.3 materials.......... All................... All................... Passive shut-down

capability.

3. Division 2.2 materials with a All................... Other than metered Passive shut-down

subsidiary hazard, anhydrous delivery service. capability.

ammonia, and Division 2.1

materials.

4. Division 2.2 materials with a 3,500 water gallons or Metered delivery Off-truck remote shut-down

subsidiary hazard, anhydrous less. service. capability.

ammonia, and Division 2.1

materials.

5. Division 2.2 materials with a Greater than 3,500 Metered delivery Off-truck remote shut-down

subsidiary hazard, anhydrous water gallons. service. capability, and, for

ammonia, and Division 2.1 obstructed view deliveries

materials in cargo tanks. where permitted by the

regulations, an off-truck

remote with a query

feature or passive shut-

down capability.

----------------------------------------------------------------------------------------------------------------

We believe that passive shut-down and off-truck remote technology

provides such important safety benefits that all cargo tanks

transporting liquefied compressed gases except for Division 2.2

materials with no subsidiary hazard (excluding anhydrous ammonia)

should be equipped with one or the other, depending on the type of

service in which they operate. The risks presented by Division 2.2

materials with no subsidiary hazard are not sufficient to justify

either a passive shut-down capability or an off-truck remote shut-off

capability. Accordingly, MC 330 and MC 331 specification cargo tank

motor vehicles and nonspecification cargo tank motor vehicles

authorized under Sec. 173.315(k) of the HMR currently in operation must

be equipped in accordance with the above table. The timing of the

retrofit is discussed in detail under ``Implementation Schedule''

below.

Design and Certification of Emergency Discharge Control Equipment

We are also instituting specific requirements for certifying the

design and installation of emergency discharge control equipment. Off-

truck remote shut-off equipment must be installed under the supervision

of a Registered Inspector, who must certify that it is installed

according to the manufacturer's specifications. The design for passive

shut-down equipment must be certified by a Design Certifying Engineer

and its installation must be supervised by a Registered Inspector.

Separate certification of emergency discharge control equipment will

allow a manufacturer of an MC 331 cargo tank to build and certify a

cargo tank without installing an emergency discharge control system.

The Committee was concerned that the requirement for emergency

discharge control is dependent on the type of service in which the tank

is operated, and that the manufacturer cannot be expected to know how

it will be operated at the time of manufacture. The Committee was also

concerned that cargo tank manufacturers may not have the specialized

expertise necessary to install and certify the performance of the

emergency discharge control technology currently being developed.

Some operators of cargo tank motor vehicles currently in operation

believe that their passive shut-down systems meet the performance

requirements contained in this proposed regulation. The Committee

believes that operators should assure that any such systems comply with

the new performance standard. Accordingly, this final rule requires

that any passive shut-down systems installed on cargo tank motor

vehicles prior to July 1, 2001, must be certified by a Design

Certifying Engineer.

The manufacturers of internal self-closing stop valves with an

integral excess flow valve or excess flow feature participating as

members of the Committee advised the Committee that, in addition to

restrictions in downstream piping caused by pumps,

[[Page 28039]]

other variables may make such a valve unsuitable to serve as a means of

passive shut-down. Such variables include other restrictions

incorporated in the discharge system (due to pipe and hose dimensions,

branching, elbows, reductions in pipe diameter, or other in-line valves

or fittings), low operating pressures as a result of ambient

temperatures, or a partially closed valve downstream from the excess

flow valve, all of which restrict the rate of flow through the excess

flow valve. In addition, they noted that operating conditions will also

produce different flow rates affecting activation of the valve for

different liquefied compressed gases because the properties vary from

one gas to another. They advised the Committee that such variables may

prevent activation of the excess flow valve in the event of a complete

hose separation.

Fusible Elements

The Committee also 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 effecting closure of 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 with capacities

greater than 3,500 gallons. This final rule requires internal self-

closing stop valves to be equipped with a means of thermal activation

on all MC 330, MC 331, and nonspecification cargo tanks authorized

under Sec. 173.315(k) that are not currently so equipped.

Operating Procedures

We are requiring that operators of cargo tank motor vehicles in

liquefied compressed gas service carry operating procedures applicable

to unloading operations on or within the cargo tank motor vehicle. The

operating procedures must include all information relevant to the

vehicle's emergency discharge control equipment, including the type

installed on the vehicle and, for passive systems, the parameters

within which it is designed to operate. This will help to assure that a

qualified person attending a cargo tank unloading operation is familiar

with and understands the features of the cargo tank motor vehicle's

emergency discharge control equipment and how it operates.

D. Implementation Schedule

The Committee discussed implementation issues in detail and agreed

on the implementation schedule outlined in the following table for the

new requirements in this final rule.

------------------------------------------------------------------------

Section Compliance date

------------------------------------------------------------------------

1. New emergency discharge control equipment:

a. Sec. 173.315(k)(6)--Authority for July 1, 1999.

nonspecification cargo tank motor

vehicles to cross state lines to travel

to and from qualified assembly, repair,

or requalification facility.

b. Sec. 173.315(n)(2)--For cargo tanks July 1, 2001, for newly

in other than metered delivery service manufactured cargo

and for cargo tanks transporting tanks. Beginning July 1,

Division 2.3 materials, a means to 2001, cargo tanks

automatically shut off the flow of currently in service

product without the need for human begin retrofit at

intervention within 20 seconds of an pressure testing

unintentional release caused by complete interval.

hose separation.

c. Sec. 173.315(n)(3)--For cargo tanks July 1, 2001, for newly

in metered delivery service with manufactured cargo

capacity of 3,500 water gallons or less, tanks. Beginning July 1,

a means to enable the operator to stop 2001, cargo tanks

the delivery from any location he may currently in service

need to be during unloading. begin retrofit at

pressure testing

interval.

d. Sec. 173.315(n)(3) and (4), Sec. July 1, 2001, for newly

177.840(p)(2)(ii)--For cargo tanks in manufactured cargo

metered delivery service with capacity tanks. Beginning July 1,

greater than 3,500 water gallons, a 2001, cargo tanks

means to enable the operator to stop the currently in service

delivery from any location he may need begin retrofit at

to be during unloading AND for pressure testing

obstructed view deliveries either a interval or before July

passive shut-down capability OR a means 1, 2003, whichever is

to shut down the unloading operation earlier.

unless prompted by the operator at least

once every five minutes.

e. Sec. 173.315(p), Sec. 178.337- July 1, 1999, for newly

8(a)(4)--fusible elements on cargo tanks manufactured cargo

with capacities less than or equal to tanks. Beginning July 1,

3,500 water gallons. 1999, cargo tanks

currently in service

begin retrofit at

leakage test interval.

2. Unloading procedures:

a. Sec. 177.840(l)--written operating January 1, 2000.

procedures for unloading operations.

b. Sec. 177.840(m)--pre-transfer check July 1, 1999.

of discharge system.

c. Sec. 177.840(n)--shut down of July 1, 1999.

unloading in the event of an emergency.

d. Sec. 177.840(o)--daily test of July 1, 1999.

activation device for cargo tank motor

vehicles equipped with off-truck remote

shut-off systems.

e. Sec. 177.840(p)--unloading procedures July 1, 1999.

and attendance requirements for LPG and

anhydrous ammonia in metered delivery

service.

f. Sec. 177.840(q)--unloading procedures July 1, 1999.

and attendance requirements for LPG and

anhydrous ammonia in other than metered

delivery service.

3. Discharge system inspection and

maintenance program for cargo tanks

transporting liquefied compressed gases:

a. Sec. 180.407(h)--annual inspection of The first leakage test

discharge system by Registered Inspector. after July 1, 2000.

b. Sec. 180.416(b)--hose assembly July 1, 2000.

marking.

c. Sec. 180.416(c)--post-delivery hose July 1, 1999.

check.

d. Sec. 180.416(d)--monthly discharge July 1, 1999.

system inspections and tests.

e. Sec. 180.416(f)--pressure tests for July 1, 1999.

new/repaired hose assemblies.

f. Sec. 180.416(g)--discharge system July 1, 1999.

rejection criteria.

g. Sec. 180.407(h)(4); Sec. July 1, 2000.

180.416(d)(5), (f)(3)--recordkeeping for

inspections and tests.

------------------------------------------------------------------------

Voluntary compliance is authorized immediately. New or amended

sections of the HMR not specifically referenced in the table will

become effective on July 1, 1999.

The Committee agreed that the new discharge system inspection and

maintenance requirements and the revised attendance provisions

applicable to unloading of LPG and anhydrous ammonia should become

[[Page 28040]]

effective July 1, 1999. However, the Committee believes that the final

rule should allow time for development and testing of new technologies

to meet the requirements for passive and off-truck remote shut-off

capability. The final rule includes a two-year period for this purpose.

The Committee is not aware of any passive shut-off technology

currently installed and functioning on vehicles in liquefied compressed

gas service that is sufficiently tested and proven to meet the proposed

new standards. Although several types have been developed and tested on

a limited basis, none has been subjected to widespread testing under

all operating conditions. Allowing a two-year development period will

give industry sufficient time to install prototype designs on cargo

tanks, operate the tanks for a year while conducting testing, make

refinements to the technology as necessary, and operate the tanks for

another year to test the refinements. In-use testing under actual

winter-delivery conditions--including exposure to road salt, ice, damp

weather conditions, and geographical variations--is essential. Testing

the technology over more than one year should result in better, more

reliable systems.

The argument above for development of passive shut-off technology

over two years to ensure reliable functioning in all conditions is also

applicable to off-truck remote shut-off technology. Industry has been

installing and testing a number of different radio-frequency devices.

Testing has shown that some of these devices were inadequate. Further,

some in the industry have discovered that installation of these devices

can affect other cargo tank systems, resulting in unwanted or even

unsafe conditions while the vehicle is in operation. The importance of

a trial-and-development period is underscored by the experience of

companies that have installed off-truck remote shut-off systems. Some

of these have had to be discarded because of problems with reliability,

range, transmission/receiving antennas, and battery life; maintenance

difficulties; and inability to operate through obstructions.

Another factor arguing in favor of a two-year development period is

that the industry needs time to develop standards for installing off-

truck remote shut-off equipment on cargo tank motor vehicles. There are

a variety of different make and model vehicles with differing ignition,

computer, and electrical systems--all of which can affect installation

of an off-truck remote shut-off device. The actual installation can

take from half-a-day to two days depending on the installer's

familiarity with the type of vehicle. A two-year development period

will provide industry time to develop installation procedures for all

different types of vehicles.

The final rule also permits operators to retrofit vehicles with the

new safety equipment over a five-year period on a schedule consistent

with a cargo tank's five-year pressure retest cycle. This schedule

saves the industry the cost of taking a vehicle out of service more

than once during the five-year period, avoids conflicts with the peak

periods of use for cargo tanks in LPG and anhydrous ammonia service,

and provides a standard for implementation of this rule that can be

checked easily during roadside inspections. No MC 330, MC 331, or

nonspecification cargo tank used to transport liquefied compressed

gases will be permitted to operate after its first pressure testing

interval occurring after July 1, 2001, unless it is equipped with

appropriate emergency discharge control equipment. All equipment

retrofits must be completed by July 1, 2006.

Given the rates at which cargo tank motor vehicles are rechassised

and requalified, the Committee estimates that over half of all cargo

tank motor vehicles subject to the proposed retrofit requirements will

be equipped within the first two years after the two-year development

period. About 90 percent of affected vehicles will be equipped by the

end of the fourth year.

The final rule permits cargo tanks authorized under Sec. 173.315(k)

of the HMR, which are currently limited to intrastate operations, to

cross state lines for the purpose of traveling to and from a qualified

assembly, repair, maintenance, or requalification facility. The cargo

tank need not be cleaned and purged, but it may not contain liquefied

petroleum gas in excess of five percent of the water capacity of the

cargo tank. Vehicles supplied with engine fuel from the cargo tank will

be permitted to carry sufficient fuel for the trip to or from the

facility.

The Committee took note of the fact that, beginning in the spring

of 1997, several operators of cargo tanks transporting liquefied

compressed gases installed off-truck remote shut-off devices in efforts

to address RSPA's concern over emergency discharge control. The

Committee agreed that companies that installed off-truck remote shut-

offs designed to close the internal self-closing stop valve from a

distance of at least 150 feet should not be required to retrofit their

vehicles to meet the requirements for off-truck remote shut-off devices

being proposed here. Thus, cargo tank motor vehicles in metered

delivery service, with capacities less than or equal to 3,500 gallons,

that are equipped with off-truck remote shut-offs that close the

internal self-closing stop valve will not be subject to the retrofit

requirements if the systems were installed prior to July 1, 2000. When

a system reaches the end of its useful life, a replacement system must

conform to the new requirements for off-truck remote shut-off

equipment.

Because of RSPA's concern about the potential risk involved with

larger capacity cargo tanks, the final rule requires cargo tank motor

vehicles in metered delivery service with capacities greater than 3,500

water gallons to have an off-truck remote shut-off capability to shut

the internal self-closing stop valve or other primary means of closure

and shut down all motive and auxiliary power. This requirement must be

met by July 1, 2001, for newly manufactured cargo tank motor vehicles

and, for vehicles already in service, by the date of a cargo tank's

first scheduled pressure test after July 1, 2001 or by July 1, 2003,

whichever is earlier. This retrofit schedule applies whether or not the

cargo tank is due to be requalified by July 1, 2003, and whether or not

it is already equipped with an off-truck remote shut-off device that

closes the internal self-closing stop valve. When such vehicles are

used to make deliveries where the qualified person monitoring the

unloading operation cannot maintain an unobstructed view of the cargo

tank, the vehicles must have either a passive shut-down capability or a

query feature as described above by July 1, 2003.

We anticipate that periodic progress reviews will be needed during

the two-year development and testing cycle for emergency discharge

control technology. These reviews will help foster communication

between industry and government and function as a catalyst for critical

development and testing needs that may occur.

We plan to work in partnership with the industry to assure

widespread dissemination of information on the development and testing

of emergency discharge control technology. We envision that this effort

will parallel training and research conducted by organizations such as

the Propane Education and Research Council, the National Propane Gas

Association, the Fertilizer Institute, and the Compressed Gas

Association. Key elements of the progress review and study may include:

(1) Surveying and cataloging industry efforts; (2) identification and

communication of successes and problems; (3) monitoring or performing

[[Page 28041]]

critical research and development; and (4) testing. We will also

explore possible sponsorship of technology exchange forums to highlight

the state of technology development and implementation.

E. Miscellaneous

In addition to the provisions outlined above, we are revising the

current specification for MC 331 cargo tanks to accommodate new

requirements for hose assembly testing, emergency discharge control,

excess flow valves, and thermal means of closing an internal self-

closing stop valve. Several members of the Committee also suggested

that the MC 331 cargo tank specification should be clarified and

simplified. This is particularly important with the introduction of new

terminology and the need to differentiate types of discharge control.

To accomplish this, we are revising the current specification,

described in more detail in the section-by-section review below, to add

several defining terms and place all requirements for outlets, inlets,

and openings in a single section.

F. Section-by-Section Review

Part 171

Section 171.5. The provisions initially adopted as a temporary

measure are removed. Operators of cargo tanks marked in accordance with

Sec. 171.5(b) should remove the marking as expeditiously as possible

after July 1, 1999.

Section 171.7. We are revising the incorporations by reference to

reflect the most recent publications of The Chlorine Institute. For the

final rule, we have revised the reference to Pamphlet 57 in the table

in Sec. 171.7(a)(3) to reflect that the publication is the 3rd edition

and was published in 1997.

Section 171.8. We are adding a new definition for ``metered

delivery service.''

Part 173

Section 173.315. Paragraph (k) sets forth requirements that must be

met for use of nonspecification cargo tanks to transport LPG. Paragraph

(k)(4) currently requires that such cargo tanks conform to the

requirements of Pamphlet 58 of the National Fire Protection

Association. We are including an exception from this requirement where

the provisions of Pamphlet 58 are inconsistent with Parts 178 and 180

of the HMR. We are also permitting such tanks to cross state lines to

travel to and from a qualified assembly, repair, maintenance, or

requalification facility under certain conditions. Finally, we are

rewriting paragraph (k) for clarity.

We are revising paragraph (n) to add requirements for emergency

discharge control equipment on cargo tanks transporting liquefied

compressed gases. We concluded that the emergency discharge control

equipment design and certification requirements should not be included

with the MC 331 cargo tank specification in Part 178 of the HMR. The

new requirements are material-specific depending on the degree of risk

associated with specific classes of liquefied compressed gases. The MC

331 cargo tank specification in Part 178 sets forth requirements for

all MC 331 cargo tanks that apply irrespective of the specific material

transported in the tank. For these reasons, we have placed the new

emergency discharge control requirements in Part 173, which sets forth

general requirements for shipments and packagings.

New paragraph (n)(1) includes a table that shows the subparagraphs

of paragraph (n) where emergency discharge control requirements

applicable to specific liquefied compressed gases are located.

New paragraph (n)(2) describes the emergency discharge control

equipment that is required on cargo tanks used to transport liquefied

compressed gases in other than metered delivery service and

requirements for installation and certification. New paragraph

(n)(2)(ii) requires the design for equipment to be certified by a

Design Certifying Engineer. The certification must consider any

specifications of the original component manufacturer and explain how

the passive means to shut off the flow of product operates. This

certification is separate from the certification required for an MC 331

cargo tank motor vehicle under Sec. 178.337-18. New paragraph

(n)(2)(iii) requires installation under the supervision of a Registered

Inspector except for equipment, such as a delivery hose assembly, that

is installed and removed as part of regular operations.

New paragraphs (n)(3) and (n)(4) describe the emergency discharge

control equipment that is required on cargo tanks transporting

liquefied compressed gases in metered delivery service, including

requirements for installation and certification. New paragraph (n)(5)

shows the dates by which cargo tanks used for transporting liquefied

compressed gases must come into compliance with the new emergency

discharge control equipment requirements.

New paragraph (p) requires each specification MC 330, MC 331, and

nonspecification cargo tank authorized under Sec. 173.315(k) to conform

to the new requirements for fusible elements.

Part 177

Section 177.834. We are revising paragraph (i)(3), which currently

covers attendance requirements for loading and unloading of all cargo

tank motor vehicles, to reference the new provisions in Sec. 177.840

that set forth attendance procedures specifically applicable to

unloading of LPG and anhydrous ammonia. In addition, we are revising

this paragraph to clarify that the person monitoring the unloading

operation must be alert and have an unobstructed view of the cargo tank

and the delivery hose to the maximum extent practicable. We are

removing paragraph (i)(5) for clarity.

Section 177.840. We are adding several new provisions concerning

unloading procedures for liquefied compressed gases. New paragraph (l)

requires each operator of a cargo tank motor vehicle transporting a

liquefied compressed gas to carry a written operating procedure for all

delivery operations on the cargo tank motor vehicle. The operating

procedure must describe the vehicle's emergency discharge control

features and, for passive systems, set forth the parameters within

which they are designed to function. If the cargo tank motor vehicle

relies on a specially equipped delivery hose to meet the requirements

of Sec. 173.315(n)(2), the procedure must describe the conditions under

which use of a facility-provided hose for unloading is authorized.

New paragraph (m) requires that, before each transfer from a cargo

tank motor vehicle containing a liquefied compressed gas, the qualified

person unloading the cargo tank must check those components of the

discharge system that are readily observed during the normal course of

unloading after the pressure in the discharge system has reached at

least equilibrium with the pressure in the cargo tank. The qualified

person must determine that each component is of sound quality and

without obvious defects detectable through visual observation and audio

awareness. The qualified person must also assure that all connections

are secure. This paragraph also prohibits an operator from unloading a

liquefied compressed gas if the discharge system has any of the defects

listed in new Sec. 180.416(g).

New paragraph (n) requires the qualified person to promptly shut

the internal self-closing stop valve or other primary means of closure

and shut down all motive and auxiliary power

[[Page 28042]]

equipment in the event of an unintentional release during unloading.

New paragraph (o) requires operators of cargo tank motor vehicles

with an off-truck remote shut-off capability to successfully test the

activation device within 18 hours prior to the first delivery of each

day. The person conducting the test must be at least 150 feet from the

cargo tank and may have the cargo tank in his line of sight. A test at

this distance should help to assure that the activation device will

function at the maximum distance permitted for a qualified person

attending an unloading operation.

New paragraphs (p) and (q) provide attendance requirements for

unloading LPG and anhydrous ammonia. For cargo tank motor vehicles in

metered delivery service, paragraph (p) requires a qualified person to

remain within 150 feet of the cargo tank and within 25 feet of the

delivery hose and to observe both the cargo tank and the receiving

container at least once every five minutes while the internal self-

closing stop valve is open. New paragraph (p)(2) sets forth attendance

requirements for unloading LPG and anhydrous ammonia from cargo tank

motor vehicles with capacities greater than 3,500 gallons.

New paragraph (q) revises the attendance requirements for cargo

tank motor vehicles unloading LPG or anhydrous ammonia in other than

metered delivery service. For these vehicles, the qualified person must

remain within 25 feet of the cargo tank throughout the unloading

operation and must maintain an unobstructed view of the cargo tank

except when activating controls or monitoring the receiving container

for brief periods.

New paragraph (r) sets forth conditions under which cargo tanks

equipped with emergency discharge control equipment that is part of the

delivery hose may be unloaded using facility-provided hoses. For the

final rule, we have revised the language proposed in the NPRM to

specify that, for chlorine tanks, which are not equipped with an

internal self-closing stop valve, the attendant must remain within

arm's reach of a means to stop the flow of product while unloading. In

addition, for the final rule, we have added language to clarify that,

if the facility hose is equipped with a passive shut-down device that

conforms to the performance standard established in the final rule, the

special attendance provisions in this paragraph (r) do not apply.

New paragraph (s) requires that, for a cargo tank with an off-truck

remote shut-off, the qualified person must be in possession of the

activation device at all times during the unloading operation. This

paragraph includes an exception from this requirement if the activation

device is part of a system that will shut off the unloading operation

without human intervention in the event of a leak or separation of the

delivery hose.

New paragraph (t) requires that, until a cargo tank motor vehicle

unloading liquefied compressed gases in other than metered delivery

service is equipped with a passive means to shut down unloading, the

qualified person attending the unloading operation must remain within

arm's reach of a means to shut down the unloading operation except for

short periods to activate controls or monitor the receiving container.

For the final rule, we have revised the language proposed in the NPRM

to specify that, for chlorine tanks, which are not equipped with an

internal self-closing stop valve, the attendant must remain within

arm's reach of a means to stop the flow of product while unloading.

New paragraph (u) requires chlorine to be unloaded from cargo tanks

in accordance with procedures set forth in section 3 of Pamphlet 57

published by the Chlorine Institute. For the final rule, we have added

the implementation date--July 1, 2001.

Part 178

Section 178.337-1. We are adding a new paragraph (g) to define

``emergency discharge control,'' ``excess flow valve, integral excess

flow valve or excess flow feature,'' ``internal self-closing stop

valve,'' and ``primary discharge control system.'' For the final rule,

the definition of ``internal self-closing stop valve'' has been revised

for clarity.

Section 178.337-8. We are retitling and rewriting this section to

place all of the requirements related to MC 331 cargo tank openings,

inlets, and outlets in one section. For the final rule, we have revised

the title of paragraph (a) to clarify that it contains general

requirements applicable to cargo tank openings. In addition, we have

added language to the text proposed in the NPRM to clarify that the

requirements in paragraph (a) do not apply to cargo tanks that

transport chlorine. The requirements for product inlet/outlet openings

on chlorine cargo tanks are in Sec. 178.337-8(b). Paragraph (a)(1) is

rewritten for clarity. Paragraph (a)(2) is revised to indicate the

specific cargo tank openings that must be closed with a plug, cap, or

bolted flange.

Paragraph (a)(3) is added to describe requirements for product

inlet openings, including vapor return lines, and to move applicable

requirements concerning installation and materials of construction from

Secs. 178.337-11(a)(1)(ii) and 178.337-11(a)(1)(iii).

Paragraph (a)(4) is added to describe requirements for liquid and

vapor discharge outlets. This paragraph also specifies performance

requirements for thermal remote actuators and for linkages between

closures and remote actuators currently in Sec. 178.337-11(a)(2). All

cargo tanks, except for those used to transport chlorine, carbon

dioxide, refrigerated liquid, and certain cargo tanks certified before

January 1, 1995, are required to have a primary discharge control

system consisting of an internal self-closing stop valve with an on-

truck remote means of closure that operates by both manual and thermal

means. This paragraph implements the Committee's recommendation that

all MC 331 cargo tanks, regardless of their capacities, must be

equipped with fusible elements.

Paragraph (a)(4)(i) incorporates requirements for remote closures

on cargo tanks greater than 3,500 gallons water capacity. These

requirements are currently in Sec. 178.337-11(a)(2)(i). Paragraph

(a)(4)(ii) incorporates requirements currently in Sec. 178.337-

11(a)(2)(ii) for remote closures on cargo tanks with water capacities

of 3,500 gallons water capacity or less. This paragraph includes a new

requirement for a remote means of closure that operates by thermal

means. Paragraph (a)(4)(iii) moves applicable requirements concerning

installation and materials of construction for internal self-closing

stop valves from Secs. 178.337-11(a)(1)(ii) and (a)(1)(iii). Paragraph

(a)(4)(iv) clarifies performance requirements for excess flow valves,

integral excess flow valves, and excess flow features. Paragraph

(a)(4)(v) permits an integral excess flow valve or the excess flow

feature of an internal self-closing stop valve to be designed with a

bypass and specifies bypass requirements currently found in

Sec. 178.337-11(a)(1)(vi). Paragraph (a)(4)(vi) specifies construction

requirements for internal self-closing stop valves currently located in

Sec. 178.337-11(a)(1)(ii).

Paragraph (a)(5) moves exceptions from the requirement for a

primary discharge control system from Secs. 178.337-11(a)(2) and

178.337-11(c). Paragraph (a)(6) moves requirements for shut-off valves

from Sec. 178.337-11(b). Paragraph (a)(7) permits an excess flow valve

to be designed with a bypass for equalization of pressure.

Paragraph (b) moves and updates requirements applicable to chlorine

cargo tanks from Sec. 178.337-11(a)(4). For this final rule, we have

revised the paragraph to clarify that the paragraph

[[Page 28043]]

applies to inlets and discharge outlets on chlorine cargo tanks.

Paragraph (c) moves and restates the current exception from the

requirement for an internal self-closing stop valve for cargo tanks

that transport carbon dioxide, refrigerated liquid, currently in

Sec. 178.337-11(a)(3).

Section 178.337-9. We are revising paragraph (b)(6) to move the

hose testing requirements to a new paragraph (b)(7), which requires

that hose assemblers mark each hose assembly with a unique identifier

and test the hose assembly in accordance with the new testing

requirements in Sec. 180.416(f). Current paragraph (b)(7) is

redesignated as (b)(8) and updated to incorporate the most recent

publications of The Chlorine Institute. In addition, we are modifying

paragraph (c) of this section to allow for a product inlet to be marked

as ``spray-fill'' or ``vapor.'' This is a common industry practice that

addresses safety concerns about ensuring that loading and unloading

lines are correctly connected. The revision should clarify any

confusion among enforcement personnel about whether this practice is

permitted. For the final rule, this paragraph has been revised for

clarity.

Section 178.337-11. We are adding a new paragraph (a) to require

that liquid discharge lines in MC 331 cargo tanks must be fitted with

emergency discharge control equipment as specified by product and

service in Sec. 173.315(n). This paragraph also notes that performance

and certification requirements for emergency discharge control

equipment are specified in Sec. 173.315(n) and are not considered to be

part of the MC 331 cargo tank motor vehicle certification.

Paragraph (b) restates the exception from emergency discharge

control requirements in current paragraph (c)(3) of this section.

Current paragraphs (a)(1)(ii), (iii), (iv), and (vi) are relocated

to Sec. 178.337-8. Current paragraph (a)(1)(v) is removed. Current

paragraphs (a)(2), (a)(2)(i) and (ii), (a)(3), and (a)(4) and current

paragraph (b) are moved to Sec. 178.337-8.

Part 180

Section 180.403. We are adding definitions for ``delivery hose

assembly'' and ``piping systems.'' In addition, we are revising the

current definition for ``modification'' to specify that a change in the

design of the passive shut-down capability of the emergency discharge

control equipment is considered a modification. This makes a

modification of this equipment subject to certification by a Design

Certifying Engineer under Sec. 180.413(d).

Section 180.405. We are revising this section to incorporate the

retrofit requirements for MC 330, MC 331, and nonspecification cargo

tank motor vehicles authorized under Sec. 173.315(k). For both passive

shut-down and off-truck remote equipment, a cargo tank motor vehicle

must be retrofitted by the date of its first scheduled pressure test

after July 1, 2001. For a cargo tank of greater than 3,500 gallons

capacity operating in metered delivery service, we propose to allow two

years to accomplish the required retrofit; thus, retrofits must be

completed no later than July 1, 2003, or by the cargo tank's first

scheduled pressure test after July 1, 2001, whichever is earlier. For

fusible elements, a cargo tank must be retrofitted by the date of its

first scheduled leakage test after July 1, 1999.

Section 180.407. We are revising paragraph (h) of this section to

authorize a ``meter creep'' test for checking the leak tightness of an

internal self-closing stop valve and to add a requirement that delivery

hose assemblies and piping systems of MC 330, MC 331, and

nonspecification cargo tanks authorized under Sec. 173.315(k) must be

visually inspected while under leakage test pressure. Delivery hose

assemblies that are not permanently attached to the cargo tank motor

vehicle may be inspected separately from the cargo tank motor vehicle.

This paragraph also includes recordkeeping requirements related to the

leakage test. For the final rule, we have revised the text in the NPRM

to indicate that the requirement that delivery hose assemblies and

piping systems must be visually inspected while under leakage test

pressure is effective after July 1, 2000.

Section 180.416. We are adding a new section to incorporate the new

delivery hose assembly and piping system inspection and maintenance

program for cargo tank motor vehicles transporting LPG and anhydrous

ammonia. The new section includes requirements for marking delivery

hose assemblies, post-delivery hose checks, monthly inspections and

tests, annual inspections and tests, and testing new and repaired

delivery hose assemblies. The section also includes recordkeeping

requirements and rejection criteria for both delivery hose assemblies

and discharge system piping. For this final rule, we have modified

paragraph (d)(5) and (f)(3) to clarify where and for how long

inspection and test records must be kept. In addition, we have modified

paragraphs d(5) and (f)(3) to indicate that the recordkeeping

requirements are effective after July 1, 2000.

Section 180.417. We are revising paragraph (a)(1) to require owners

to retain any certification of emergency discharge control systems on a

specification cargo tank throughout his ownership of the tank and for

one year thereafter.

Appendices to Part 180. We are adding Appendices A and B to Part

180. Appendix A outlines acceptable methods for conducting periodic

tests to assure that the linkages connecting an internal self-closing

stop valve to its remote actuators on a cargo tank in other than

metered delivery service will move freely when activated by the

operator. Appendix B outlines acceptable leakage tests, including the

``meter creep test,'' for an internal self-closing stop valve on a

cargo tank in metered delivery service.

V. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This final rule is not considered a significant regulatory action

under section 3(f) of Executive Order 12866 and, therefore, was not

reviewed by the Office of Management and Budget. The rule is considered

significant under the Regulatory Policies and Procedures of the

Department of Transportation (44 FR 11034) because of public interest.

A final regulatory evaluation is available for review in the docket.

B. Executive Order 12612

This final rule has been analyzed in accordance with the principles

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

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:

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

material;

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

placarding of hazardous material;

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

related to hazardous material and requirements related to the number,

contents, and placement of those documents;

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

unintentional release in transportation of hazardous material; and

(v) the design, manufacturing, fabricating, marking, maintenance,

reconditioning, repairing, or testing of a packaging or container

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

transporting hazardous material.

This final rule addresses covered subjects under items (i) through

(v)

[[Page 28044]]

above and preempts state, local, or Indian tribe requirements not

meeting the ``substantively the same'' standard. Federal hazardous

materials transportation law provides at Sec. 5125(b)(2) that if RSPA

issues a regulation concerning any of the covered subjects RSPA 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. Thus, RSPA lacks discretion in

this area, and preparation of a federalism assessment is not warranted.

The effective date of federal preemption for these requirements is

October 1, 1999.

C. Executive Order 13084

This final rule has not been analyzed in accordance with the

principles and criteria in Executive Order 13084 (``Consultation and

Coordination with Indian Tribal Governments''). Because revised rules

and regulations in this final rule are not expected to significantly or

uniquely affect communities of Indian tribal governments, the funding

and consultation requirements of this Executive Order do not apply.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an

agency to review regulations to assess their impact on small entities

unless the agency determines that a rule is not expected to have a

significant impact on a substantial number of small entities. Based on

the assessment in the final regulatory evaluation, I hereby certify

that the final rule will not have a significant economic impact on a

substantial number of small businesses.

Need for the final rule. The goal of the final rule is to enhance

transportation safety by improving the regulations governing the

unloading of liquefied compressed gases from MC 330, MC 331 and certain

nonspecification cargo tanks. Concerns about emergency discharge

control on some of these cargo tanks were identified following an

incident in 1996. In 1997, RSPA adopted an interim final rule

establishing certain temporary regulations under which cargo tanks

could remain in service while RSPA evaluated this incident and other

situations in which liquefied compressed gases were released

unintentionally from cargo tanks during unloading operations. The

interim final rule expires July 1, 1999. The requirements in the final

rule replace the provisions of the interim final rule with a

comprehensive safety program intended to reduce the risk of an

unintentional release of a liquefied compressed gas during unloading,

assure prompt detection and control of an unintentional release, and

make the regulatory requirements easier to understand and comply with.

Objectives and legal basis for the proposed rule. As indicated

above and in previous rulemakings under Docket HM-225 (RSPA-97-2133),

the goal of this rulemaking is to enhance safety in transportation

through improvements in the regulations governing the unloading of

liquefied compressed gases from MC 330, MC 331, and certain

nonspecification cargo tanks. Federal hazardous materials

transportation law (49 U.S.C. 5101 et seq.) directs the Secretary of

Transportation to prescribe regulations for the safe transportation of

hazardous materials in intrastate, interstate, and foreign commerce.

Section 5103(b) specifies that the regulations shall apply to persons

transporting hazardous materials in commerce; causing hazardous

materials to be transported in commerce; or manufacturing, marking,

maintaining, reconditioning, repairing, or testing a packaging or

container that is represented, marked, certified, or sold by such

persons as qualified for use in transporting hazardous materials in

commerce.

Identification of potentially affected small entities. Unless

alternative definitions have been established by the agency in

consultation with the Small Business Administration, the definition of

``small business'' has the same meaning as under the Small Business

Act. Therefore, since no such special definition has been established,

RSPA employs the thresholds (published in 13 CFR 121.201) of 100

employees for wholesale trade in general and $5,000,000 annual sales

for retail trade in general.

1. Liquefied petroleum gas dealers constitute the principal type of

business on which new costs for compliance will be imposed by this

rule. Using the Small Business Administration definitions and the

latest (1992) available Census of Retail Trade, it appears that over 95

percent of retail liquefied petroleum gas dealers must be considered

small businesses for purposes of the Regulatory Flexibility Act. In the

1992 Census, they accounted for over 50 percent of business locations

and almost 43 percent of annual sales. Unpublished 1992 Census of

Wholesale Trade figures provided to RSPA by the U.S. Bureau of the

Census indicate that over 95 percent of merchant wholesalers of

liquefied petroleum gas must be considered small businesses; they

account for approximately 40 percent of annual sales and over 50

percent of business locations.

In addition to liquefied petroleum gas dealers, shippers and

transporters of liquefied compressed gases such as anhydrous ammonia,

chlorine and other materials classified as poisonous by inhalation, and

refrigerant gases would incur new compliance costs associated with the

proposed rule. The Small Business Administration threshold for

manufacturers of industrial gases (SIC 2813) is 1,000 employees, as is

the threshold established for manufacturers of nitrogenous fertilizers

(SIC 2873). For motor freight transportation and warehousing (Major

Group 42), the threshold is annual revenues of $18.5 million. Using

these criteria, RSPA estimates that at least 90 percent of shippers and

transporters of liquefied compressed gases, in bulk, are small

businesses.

Shippers and transporters of liquefied compressed gases will incur

compliance costs in the amounts outlined in the final regulatory

evaluation for implementation of hose management and discharge system

inspection and maintenance programs, installation of new emergency

discharge control equipment on cargo tanks, and for revised unloading

procedures. For a small propane marketer that operates three smaller

cargo tank motor vehicles used in local retail deliveries of propane,

RSPA estimates an increased cost of operation of $621 per year,

including increased recordkeeping costs. If such a propane marketer

delivers 400,000 gallons of propane per year (800 deliveries per cargo

tank motor vehicle at an average rate of 166 gallons per delivery) the

annual increase per gallon of product sold is $0.00155. RSPA fully

anticipates that this additional cost of operation will be passed along

to the consumer. On a typical delivery of 166 gallons of propane, the

additional charge attributed to new requirements proposed in this rule

come to $0.26. Considering that the national average residential price

of propane on January 18, 1999 was $0.890 per gallon, RSPA determined

that there will be no significant economic impact, in terms of lost

sales or otherwise, on a small propane marketer that increases the

price of residential propane to $0.892 per gallon.

2. Besides shippers and transporters of liquefied compressed gases,

cargo tank assembly, repair, or requalification facilities will also

incur compliance costs associated with the final rule that requires

installation of certain

[[Page 28045]]

equipment on the cargo tank must be examined by a Registered Inspector.

For these entities, the Small Business Administration threshold is

1,000 employees (SIC 3795). There are about 150 assembly, repair, or

requalification facilities currently registered with RSPA to handle MC

331 cargo tanks. RSPA estimates that at least 90 percent of these

entities are small businesses. Under the final rule, assembly, repair,

and requalification facilities will incur compliance costs associated

with certifying the installation of emergency discharge control

equipment. Each of those facilities has filed a self-certified

registration statement with RSPA and must re-register every 6 years.

Under its current OMB approval (2137-0014), RSPA estimated that the

time required to prepare and file an initial registration statement

with RSPA is 20 minutes, and re-registrations require 15 minutes, at an

average cost of $20 per hour. Over a six-year period, the annual cost

is little more than $1. Here again, RSPA determined that there will be

no significant economic impact on any small facility that would need to

file a registration statement in the future.

Related federal rules and regulations. The Department of Labor's

Occupational Safety and Health Administration (OSHA) issues regulations

related to safe handling, including containment and transfer

operations, of hazardous materials, including liquefied compressed

gases, in the workplace. These regulations are codified at 29 CFR Part

1910. Where both agencies have issued rules related to specific

materials or operations, the OSHA rules defer to the RSPA regulations.

Alternate proposals for small businesses. The Regulatory

Flexibility Act suggests that it may be possible to establish

exceptions and differing compliance standards for small business and

still meet the objectives of the applicable regulatory statutes.

However, given the importance of small business, as defined for

purposes of the Regulatory Flexibility Act, in liquefied compressed gas

distribution and especially in its retail sector, RSPA believes that it

would not be possible to establish such differing standards and still

accomplish the objectives of federal hazardous materials transportation

law.

While certain regulatory actions may affect the competitive

situation of an industry by imposing relatively greater burdens on

small-scale than on large-scale enterprises, RSPA does not believe that

this will be the case with the final rule. The principal types of

compliance expenditures effectively required by the final rule are new

requirements for discharge system inspection and maintenance and new

requirements for emergency discharge control equipment. These

expenditures are imposed on each vehicle, whether operated within a

large or a small fleet.

At the same time, RSPA notes that the final rule was developed

under the assumption that small businesses comprise an overwhelming

majority of entities that would be compelled to comply. The final rule

was developed through a negotiated rulemaking process by a committee

that included representatives of the interests affected by the

regulations, including businesses that transport and deliver liquefied

petroleum gases, anhydrous ammonia and other liquefied compressed

gases; manufacturers and operators of cargo tanks and vehicle

components; and state and local public safety and emergency response

agencies. Many of the committee members represented small businesses.

In developing the final rule, the negotiated rulemaking committee

considered each requirement and agreed that the overall safety benefits

of the proposed regulations justify the compliance costs that the

regulated industry will incur.

The final rule includes a two-year period for development and

testing of new technologies for emergency discharge control. RSPA plans

to provide support for development and testing of such technology in a

cooperative effort with industry. RSPA anticipates that this effort

will parallel training and research conducted by organizations such as

the Propane Education and Research Council, the National Propane Gas

Association, The Fertilizer Institute, and the Compressed Gas

Association. Key elements of the progress review and study may include:

(1) Surveying and cataloging industry efforts; (2) identification and

communication of successes and problems; (3) monitoring or performing

critical research and development; and (4) testing.

Further, to minimize the compliance burden, the final rule includes

a five-year retrofit period for installation of new emergency discharge

control equipment on a schedule consistent with a cargo tank's five-

year pressure retest date. This schedule saves the industry the cost of

taking a vehicle out of service more than once during the five-year

period and avoids conflicts with the peak periods of use of cargo tanks

in liquefied petroleum gas and anhydrous ammonia service.

Moreover, RSPA recognizes that, beginning in the spring of 1997,

several operators of cargo tanks transporting liquefied compressed

gases installed off-truck remote control devices in an effort to

address RSPA's concern over emergency discharge control. Companies that

installed off-truck remote shut-offs designed to close the internal

self-closing stop valve should not be required to retrofit their

vehicles to meet the requirements for off-truck remote shut-off devices

being proposed here. Thus, cargo tank motor vehicles that are equipped

with off-truck remote shut-off devices that close the internal self-

closing stop valve will not be subject to the retrofit requirements if

the systems were installed prior to July 1, 2000.

In addition, the final rule permits nonspecification cargo tanks

authorized for liquefied petroleum gas service under Sec. 173.315(k) of

the Hazardous Materials Regulations, which are limited to intrastate

operations, to cross state lines for the purpose of traveling to or

from a qualified assembly, repair, maintenance, or requalification

facility. This will save operators the cost of traveling to a facility

within the state in which they operate when there is a closer facility

in a neighboring state.

Conclusion. RSPA has determined that the cost of complying with the

new requirements, including new recordkeeping requirements, should not

significantly affect the cost of transporting and delivering liquefied

compressed gases. Based on this analysis, RSPA believes that the final

will not impose a substantial economic burden on a significant number

of small businesses or other small entities.

E. Paperwork Reduction Act

The requirements for information collection included in this final

rule have been approved by the Office of Management and Budget under

OMB control number 2137-0595. Under the Paperwork Reduction Act of

1995, no person is required to respond to a collection of information

unless it displays a valid OMB control number.

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 containing in the heading of

this document can be used to cross-reference this action with the

Unified Agenda.

G. Unfunded Mandates Reform Act

This final rule imposes no mandates and thus does not impose

unfunded mandates under the Unfunded Mandates Reform Act of 1995.

[[Page 28046]]

H. Impact on Business Processes and Computer Systems

Many computers that use two digits to keep track of dates will, on

January 1, 2000, recognize ``double zero'' not as 2000 but as 1900.

This glitch, the Year 2000 problem, could cause computers to stop

running or to start generating erroneous data. The Year 2000 problem

poses a threat to the global economy in which Americans live and work.

With the help of the President's Council on Year 2000 Conversion,

Federal agencies are reaching out to increase awareness of the problem

and to offer support. We do not want to impose new requirements that

would mandate business process changes when the resources necessary to

implement those requirements would otherwise be applied to the Year

2000 problem.

This final rule does not mandate business process changes or

require modifications to computer systems. Because this rule apparently

does not affect organizations' ability to respond to the Year 2000

problem, we do not intend to delay the effectiveness of the

requirements.

I. Environmental Assessment

RSPA finds that there are no significant environmental impacts

associated with this final rule. A copy of the environmental assessment

has been placed in the public docket for this rulemaking.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste,

Imports, Incorporation by reference, 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 are amending 49 CFR parts

171, 173, 177, 178, and 180 as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

1. The authority citation for part 171 continues to read as

follows:

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

Sec. 171.5 [Removed]

2. Section 171.5 is removed.

3. In Sec. 171.7, in the table in paragraph (a)(3), a new entry is

added in alphanumeric sequence, under the Chlorine Institute, Inc., to

read as follows:

Sec. 171.7 Reference material.

(a) * * *

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

------------------------------------------------------------------------

49 CFR

Source and name of material reference

------------------------------------------------------------------------

* * * * *

Chlorine Institute, Inc.

* * * * *

Section 3, Pamphlet 57, Emergency Shut-Off Systems for 177,840

Bulk Transfer of Chlorine, 3rd Edition, October 1997..

* * * * *

------------------------------------------------------------------------

Sec. 171.7 [Amended]

4. In Sec. 171.7, in the table in paragraph (a)(3), the following

changes are made:

a. Under ``Chlorine Institute, Inc.,'' for the entry ``Standard

Chlorine Angle Valve Assembly,'' the wording ``104-6, December 1,

1982'' is revised to read ``104-8, July 1993''.

b. Under ``Chlorine Institute, Inc.,'' for the entry ``Excess Flow

Valve with Removable Seat,'' the wording ``101-6, September 1, 1973''

is revised to read ``101-7, July 1993'' and, in column 2, the reference

``178.337-11'' is revised to read ``178.337-8''.

c. Under ``Chlorine Institute, Inc.,'' for the entry ``Excess Flow

Valve with Removable Basket,'' the wording ``106-5, September 1, 1973''

is revised to read ``106-6, July 1993'' and, in column 2, the reference

``178.337-11'' is revised to read ``178.337-8''.

5. In Sec. 171.8, the following definition is added in alphabetical

order to read as follows:

Sec. 171.8 Definitions and abbreviations.

* * * * *

Metered delivery service means a cargo tank unloading operation

conducted at a metered flow rate of 378.5 liters (100 gallons) per

minute or less through an attached delivery hose with a nominal inside

diameter of 3.175 centimeters (1\1/4\ inches) or less.

* * * * *

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

PACKAGINGS

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

follows:

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

7. In Sec. 173.315, paragraphs (k) and (n) are revised and

paragraph (p) is added to read as follows:

Sec. 173.315 Compressed gases in cargo tanks and portable tanks.

* * * * *

(k) A nonspecification cargo tank meeting, and marked in

conformance with, the edition of the ASME Code in effect when it was

fabricated may be used for the transportation of liquefied petroleum

gas provided it meets all of the following conditions:

(1) It must have a minimum design pressure no lower than 250 psig.

(2) It must have a capacity of 13,247.5 liters (3,500 water

gallons) or less.

(3) It must have been manufactured in conformance with the ASME

Code prior to January 1, 1981, according to its ASME name plate and

manufacturer's data report.

(4) It must conform to applicable provisions of NFPA Pamphlet 58,

except to the extent that provisions of Pamphlet 58 are inconsistent

with requirements in parts 178 and 180 of this subchapter.

(5) It must be inspected, tested, and equipped in accordance with

subpart E of part 180 of this subchapter as specified for MC 331 cargo

tanks.

(6) Except as provided in this paragraph (k), it must be operated

exclusively in intrastate commerce, including its operation by a motor

carrier otherwise engaged in interstate commerce, in a state where its

operation was permitted by law (not including the incorporation of this

subchapter) prior to January 1, 1981. A cargo tank motor vehicle

operating under authority of this section may cross state lines to

travel to and from a qualified assembly, repair, maintenance, or

requalification facility. The cargo tank need not be cleaned and

purged, but it may not contain liquefied petroleum gas in excess of

five percent of the water capacity of the cargo tank. If the vehicle

engine is supplied fuel from the cargo tank, enough fuel in

[[Page 28047]]

excess of five percent of the cargo tank's water capacity may be

carried for the trip to or from the facility.

(7) It must have been used to transport liquefied petroleum gas

prior to January 1, 1981.

(8) It must be operated in conformance with all other requirements

of this subchapter.

* * * * *

(n) Emergency discharge control for cargo tanks in liquefied

compressed gas service.--(1) Required emergency discharge control

equipment. Each cargo tank in liquefied compressed gas service must

have an emergency discharge control capability as specified in the

following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------

Required emergency discharge control

Sec. 173.315(n)(1)(*) Material Delivery service capability

--------------------------------------------------------------------------------------------------------------------------------------------------------

(i)............................ Division 2.2 materials with no subsidiary All...................... None.

hazard, excluding anhydrous ammonia.

--------------------------------------------------------------------------------------------------------------------------------------------------------

(ii)........................... Division 2.3 materials....................... All...................... Paragraph (n)(2) of this section.

--------------------------------------------------------------------------------------------------------------------------------------------------------

(iii).......................... Division 2.2 materials with a subsidiary Other than metered Paragraph (n)(2) of this section.

hazard, Division 2.1 materials, and delivery service.

anhydrous ammonia.

--------------------------------------------------------------------------------------------------------------------------------------------------------

(iv)........................... Division 2.2 materials with a subsidiary Metered delivery service. Paragraph (n)(3) of this section.

hazard, Division 2.1 materials, and

anhydrous ammonia in a cargo tank with a

capacity of 13,247.5 liters (3,500 water

gallons) or less.

--------------------------------------------------------------------------------------------------------------------------------------------------------

(v)............................ Division 2.2 materials with a subsidiary Metered delivery service. Paragraph (n)(3) of this section, and, for

hazard, Division 2.1 materials, and obstructed view deliveries where permitted

anhydrous ammonia in a cargo tank with a by Sec. 177.840(p) of this subchapter,

capacity greater than 13,247.5 liters (3,500 paragraph (n)(3) or (n)(4) of this section.

water gallons).

--------------------------------------------------------------------------------------------------------------------------------------------------------

(2) Cargo tank motor vehicles in other than metered delivery

service. A cargo tank motor vehicle in other than metered delivery

service must have a means to automatically shut off the flow of product

without the need for human intervention within 20 seconds of an

unintentional release caused by a complete separation of a liquid

delivery hose (passive shut-down capability).

(i) Designed flow of product through a bypass in the valve is

acceptable when authorized by this subchapter.

(ii) The design for the means to automatically shut off product

flow must be certified by a Design Certifying Engineer. The

certification must consider any specifications of the original

component manufacturer and must explain how the passive means to shut

off the flow of product operates. It must also outline the parameters

(e.g., temperature, pressure, types of product) within which the

passive means to shut off the flow of product is designed to operate.

All components of the discharge system that are integral to the design

must be included in the certification. A copy of the design

certification must be provided to the owner of the cargo tank on which

the equipment will be installed.

(iii) Installation must be performed under the supervision of a

Registered Inspector unless the equipment is installed and removed as

part of regular operation (e.g., a hose). The Registered Inspector must

certify that the equipment is installed and tested, if it is possible

to do so without damaging the equipment, in accordance with the Design

Certifying Engineer's certification. The Registered Inspector must

provide the certification to the owner of the cargo tank motor vehicle.

(3) Cargo tanks in metered delivery service. When required by the

table in paragraph (n)(1) of this section, a cargo tank motor vehicle

must have an off-truck remote means to close the internal self-closing

stop valve and shut off all motive and auxiliary power equipment upon

activation by a qualified person attending the unloading of the cargo

tank motor vehicle (off-truck remote shut-off). It must function

reliably at a distance of 45.72 meters (150 feet). The off-truck remote

shut-off activation device must not be capable of reopening the

internal self-closing stop valve after emergency activation.

(i) The emergency discharge control equipment must be installed

under the supervision of a Registered Inspector. Each wireless

transmitter/receiver must be tested to demonstrate that it will close

the internal self-closing stop valve and shut off all motive and

auxiliary power equipment at a distance of 91.44 meters (300 feet)

under optimum conditions. Emergency discharge control equipment that

does not employ a wireless transmitter/receiver must be tested to

demonstrate its functioning at the maximum length of the delivery hose.

(ii) The Registered Inspector must certify that the remote control

equipment is installed in accordance with the original component

manufacturer's specifications and is tested in accordance with

paragraph (n)(3)(i) of this section. The Registered Inspector must

provide the owner of the cargo tank with this certification.

(4) Query systems. When a transmitter/receiver system is used to

satisfy the requirements of paragraph (n)(1)(v) of this section, it

must close the internal self-closing stop valve and shut off all motive

and auxiliary power equipment unless the qualified person attending the

unloading operation prevents it from doing so at least once every five

minutes. Testing and certification must be as specified in paragraph

(n)(3) of this section.

(5) Compliance dates. (i) Each specification MC 331 cargo tank

motor vehicle with a certificate of construction issued two or more

years after July 1, 1999, must have an appropriate emergency discharge

control capability as specified in this paragraph (n).

(ii) No MC 330, MC 331, or nonspecification cargo tank motor

vehicle authorized under paragraph (k) of this section may be operated

unless it has an appropriate emergency discharge control capability as

specified in this paragraph (n) no later than the date of its first

scheduled pressure retest required after July 1, 2001. No MC 330, MC

331 or nonspecification cargo tank motor vehicle authorized under

paragraph (k) of this section may be operated after July 1, 2006,

unless it has

[[Page 28048]]

been equipped with emergency discharge control equipment as specified

in this paragraph (n).

(iii) No MC 330, MC 331, or nonspecification cargo tank motor

vehicle authorized under paragraph (k) of this section, with a capacity

over 13,247.5 liters (3,500 gallons) used in metered delivery service

may be operated unless it has an appropriate emergency discharge

control capability as specified in this paragraph (n) no later than

July 1, 2003, or the date of its first scheduled pressure retest

required after July 1, 2001, whichever is earlier.

* * * * *

(p) Fusible elements. Each MC 330, MC 331, or nonspecification

cargo tank authorized under paragraph (k) of this section must have a

thermal means of closure for each internal self-closing stop valve as

specified in Sec. 178.337-8(a)(4) of this subchapter.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

8. The authority citation for part 177 continues to read as

follows:

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

9. In Sec. 177.834, paragraph (i)(5) is removed and paragraph

(i)(3) is revised to read as follows:

Sec. 177.834 General requirements.

* * * * *

(i) Attendance requirements. * * *

(3) Except for unloading operations subject to Secs. 177.840 (p) or

(q), a qualified person ``attends'' the loading or unloading of a cargo

tank if, throughout the process, he is alert and is within 7.62 meters

(25 feet) of the cargo tank. The qualified person attending the

unloading of a cargo tank must have an unobstructed view of the cargo

tank and delivery hose to the maximum extent practicable during the

unloading operation.

* * * * *

10. In Sec. 177.840, paragraphs (l) through (u) are added to read

as follows:

Sec. 177.840 Class 2 (gases) materials.

* * * * *

(l) Operating procedure. By January 1, 2000, each operator of a

cargo tank motor vehicle transporting a liquefied compressed gas must

carry on or within the cargo tank motor vehicle written emergency

discharge control procedures for all delivery operations. The

procedures must describe the cargo tank motor vehicle's emergency

discharge control features and, for a passive shut-down capability, the

parameters within which they are designed to function. The procedures

must describe the process to be followed if using a facility-provided

hose for unloading when the cargo tank motor vehicle has a specially

equipped delivery hose assembly to meet the requirements of

Sec. 173.315(n)(2) of this subchapter.

(m) Cargo tank safety check. Before unloading from a cargo tank

motor vehicle containing a liquefied compressed gas, the qualified

person performing the function must check those components of the

discharge system, including delivery hose assemblies and piping, that

are readily observed during the normal course of unloading to assure

that they are of sound quality, without obvious defects detectable

through visual observation and audio awareness, and that connections

are secure. This check must be made after the pressure in the discharge

system has reached at least equilibrium with the pressure in the cargo

tank. Operators need not use instruments or take extraordinary actions

to check components not readily visible. No operator may unload

liquefied compressed gases from a cargo tank motor vehicle with a

delivery hose assembly found to have any condition identified in

Sec. 180.416(g)(1) of this subchapter or with piping systems found to

have any condition identified in Sec. 180.416(g)(2) of this subchapter.

(n) Emergency shut down. If there is an unintentional release of

product to the environment during unloading of a liquefied compressed

gas, the qualified person unloading the cargo tank motor vehicle must

promptly shut the internal self-closing stop valve or other primary

means of closure and shut down all motive and auxiliary power

equipment.

(o) Daily test of off-truck remote shut-off activation device. For

a cargo tank motor vehicle equipped with an off-truck remote means to

close the internal self-closing stop valve and shut off all motive and

auxiliary power equipment, an operator must successfully test the

activation device within 18 hours prior to the first delivery of each

day. For a wireless transmitter/receiver, the person conducting the

test must be at least 45.72 meters (150 feet) from the cargo tank and

may have the cargo tank in his line of sight.

(p) Unloading procedures for liquefied petroleum gas and anhydrous

ammonia in metered delivery service. An operator must use the following

procedures for unloading liquefied petroleum gas or anhydrous ammonia

from a cargo tank motor vehicle in metered delivery service:

(1) For a cargo tank with a capacity of 13,247.5 liters (3,500

water gallons) or less, excluding delivery hose and piping, the

qualified person attending the unloading operation must remain within

45.72 meters (150 feet) of the cargo tank and 7.62 meters (25 feet) of

the delivery hose and must observe both the cargo tank and the

receiving container at least once every five minutes when the internal

self-closing stop valve is open during unloading operations that take

more than five minutes to complete.

(2) For a cargo tank with a capacity greater than 13,247.5 liters

(3,500 water gallons), excluding delivery hose and piping, the

qualified person attending the unloading operation must remain within

45.72 meters (150 feet) of the cargo tank and 7.62 meters (25 feet) of

the delivery hose when the internal self-closing stop valve is open.

(i) Except as provided in paragraph (p)(2)(ii) of this section, the

qualified person attending the unloading operation must have an

unobstructed view of the cargo tank and delivery hose to the maximum

extent practicable, except during short periods when it is necessary to

activate controls or monitor the receiving container.

(ii) For deliveries where the qualified person attending the

unloading operation cannot maintain an unobstructed view of the cargo

tank, when the internal self-closing stop valve is open, the qualified

person must observe both the cargo tank and the receiving container at

least once every five minutes during unloading operations that take

more than five minutes to complete. In addition, by the compliance

dates specified in Secs. 173.315(n)(5) and 180.405(m)(3) of this

subchapter, the cargo tank motor vehicle must have an emergency

discharge control capability that meets the requirements of

Sec. 173.315(n)(2) or Sec. 173.315(n)(4) of this subchapter.

(q) Unloading procedures for liquefied petroleum gas and anhydrous

ammonia in other than metered delivery service. An operator must use

the following procedures for unloading liquefied petroleum gas or

anhydrous ammonia from a cargo tank motor vehicle in other than metered

delivery service:

(1) The qualified person attending the unloading operation must

remain within 7.62 meters (25 feet) of the cargo tank when the internal

self-closing stop valve is open.

(2) The qualified person attending the unloading operation must

have an unobstructed view of the cargo tank and delivery hose to the

maximum extent practicable, except during short periods when it is

necessary to activate controls or monitor the receiving container.

(r) Unloading using facility-provided hoses. A cargo tank motor

vehicle equipped with a specially designed

[[Page 28049]]

delivery hose assembly to meet the requirements of Sec. 173.315(n)(2)

of this subchapter may be unloaded using a delivery hose assembly

provided by the receiving facility under the following conditions:

(1) The qualified person monitoring unloading must visually examine

the facility hose assembly for obvious defects prior to its use in the

unloading operation.

(2) The qualified person monitoring unloading must remain within

arm's reach of the mechanical means of closure for the internal self-

closing stop valve when the internal self-closing stop valve is open

except for short periods when it is necessary to activate controls or

monitor the receiving container. For chlorine cargo tanks, the

qualified person must remain within arm's reach of a means to stop the

flow of product except for short periods when it is necessary to

activate controls or monitor the receiving container.

(3) If the facility hose is equipped with a passive means to shut

off the flow of product that conforms to and is maintained to the

performance standard in Sec. 173.315(n)(2) of this subchapter, the

qualified person may attend the unloading operation in accordance with

the attendance requirements prescribed for the material being unloaded

in Sec. 177.834 of this section.

(s) Off-truck remote shut-off activation device. For a cargo tank

motor vehicle with an off-truck remote control shut-off capability as

required by Secs. 173.315(n)(3) or (n)(4) of this subchapter, the

qualified person attending the unloading operation must be in

possession of the activation device at all times during the unloading

process. This requirement does not apply if the activation device is

part of a system that will shut off the unloading operation without

human intervention in the event of a leak or separation in the hose.

(t) Unloading without appropriate emergency discharge control

equipment. Until a cargo tank is equipped with emergency discharge

control equipment in conformance with Secs. 173.315(n)(2) and

180.405(m)(1) of this subchapter, the qualified person attending the

unloading operation must remain within arm's reach of a means to close

the internal self-closing stop valve when the internal self-closing

stop valve is open except during short periods when the qualified

person must activate controls or monitor the receiving container. For

chlorine cargo tanks, the qualified person must remain within arm's

reach of a means to stop the flow of product except for short periods

when it is necessary to activate controls or monitor the receiving

container.

(u) Unloading of chlorine cargo tanks. After July 1, 2001,

unloading of chlorine from a cargo tank must be performed in compliance

with Section 3 of Pamphlet 57, Emergency Shut-off Systems for Bulk

Transfer of Chlorine, of the Chlorine Institute.

PART 178--SPECIFICATIONS FOR PACKAGINGS

11. The authority citation for part 178 continues to read as

follows:

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

12. In Sec. 178.337-1, new paragraph (g) is added to read as

follows:

Sec. 178.337-1 General requirements.

* * * * *

(g) Definitions. The following definitions apply to Secs. 178.337-1

through 178.337-18:

Emergency discharge control means the ability to stop a cargo tank

unloading operation in the event of an unintentional release. Emergency

discharge control can utilize passive or off-truck remote means to stop

the unloading operation. A passive means of emergency discharge control

automatically shuts off the flow of product without the need for human

intervention within 20 seconds of an unintentional release caused by a

complete separation of the liquid delivery hose. An off-truck remote

means of emergency discharge control permits a qualified person

attending the unloading operation to close the cargo tank's internal

self-closing stop valve and shut off all motive and auxiliary power

equipment at a distance from the cargo tank motor vehicle.

Excess flow valve, integral excess flow valve, or excess flow

feature means a component that will close automatically if the flow

rate of a gas or liquid through the component reaches or exceeds the

rated flow of gas or liquid specified by the original valve

manufacturer when piping mounted directly on the valve is sheared off

before the first valve, pump, or fitting downstream from the valve.

Internal self-closing stop valve means a primary shut off valve

installed in a product discharge outlet of a cargo tank and designed to

be kept closed by self-stored energy.

Primary discharge control system means a primary shut-off installed

at a product discharge outlet of a cargo tank consisting of an internal

self-closing stop valve that may include an integral excess flow valve

or an excess flow feature, together with linkages that must be

installed between the valve and remote actuator to provide manual and

thermal on-truck remote means of closure.

13. Section 178.337-8 is revised to read as follows:

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

(a) General. The requirements in this paragraph (a) apply to MC 331

cargo tanks except for those used to transport chlorine. The

requirements for inlets and outlets on chlorine cargo tanks are in

paragraph (b) of this section.

(1) An opening must be provided on each cargo tank used for the

transportation of liquefied materials to permit complete drainage.

(2) Except for gauging devices, thermometer wells, pressure relief

valves, manhole openings, product inlet openings, and product discharge

openings, each opening in a cargo tank must be closed with a plug, cap,

or bolted flange.

(3) Except as provided in paragraph (b) of this section, each

product inlet opening, including vapor return lines, must be fitted

with a back flow check valve or an internal self-closing stop valve

located inside the cargo tank or inside a welded nozzle that is an

integral part of the cargo tank. The valve seat must be located inside

the cargo tank or within 2.54 centimeters (one inch) of the external

face of the welded flange. Damage to parts exterior to the cargo tank

or mating flange must not prevent effective seating of the valve. All

parts of a valve inside a cargo tank or welded flange must be made of

material that will not corrode or deteriorate in the presence of the

lading.

(4) Except as provided in paragraphs (a)(5), (b), and (c) of this

section, each liquid or vapor discharge outlet must be fitted with a

primary discharge control system as defined in Sec. 178.337-1(g).

Thermal remote operators must activate at a temperature of 121.11 deg.C

(250 deg.F) or less. Linkages between closures and remote operators

must be corrosion resistant and effective in all types of environmental

conditions incident to discharging of product.

(i) On a cargo tank over 13,247.5 liters (3,500 gallons) water

capacity, thermal and mechanical means of remote 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 the two locations

specified in the first sentence of this paragraph (a)(4)(i), additional

means of thermal remote closure must be installed so that heat from a

fire in the loading/unloading connection area or the discharge pump

will activate the primary discharge

[[Page 28050]]

control system. The loading/unloading connection area is where hoses or

hose reels are connected to the permanent metal piping.

(ii) On a cargo tank of 13,247.5 liters (3,500 gallons) water

capacity or less, a thermal means of remote closure must be installed

at or near the internal self-closing stop valve. A mechanical means of

remote closure must be installed on the end of the cargo tank furthest

away from the loading/unloading connection area. The loading/unloading

connection area is where hoses or hose reels are connected to the

permanent metal piping. Linkages between closures and remote operators

must be corrosion resistant and effective in all types of environmental

conditions incident to discharge of product.

(iii) All parts of a valve inside a cargo tank or within a welded

flange must be made of material that will not corrode or deteriorate in

the presence of the lading.

(iv) An excess flow valve, integral excess flow valve, or excess

flow feature must close if the flow reaches the rated flow of a gas or

liquid specified by the original valve manufacturer when piping mounted

directly on the valve is sheared off before the first valve, pump, or

fitting downstream from the excess flow valve, integral excess flow

valve, or excess flow feature.

(v) An integral excess flow valve or the excess flow feature of an

internal self-closing stop valve may be designed with a bypass, not to

exceed 0.1016 centimeters (0.040 inch) diameter opening, to allow

equalization of pressure.

(vi) The internal self-closing stop valve must be designed so that

the self-stored energy source and the valve seat are located inside the

cargo tank or within 2.54 centimeters (one inch) of the external face

of the welded flange. Damage to parts exterior to the cargo tank or

mating flange must not prevent effective seating of the valve.

(5) A primary discharge control system is not required on the

following:

(i) A vapor or liquid discharge opening of less than 1\1/4\ NPT

equipped with an excess flow valve together with a manually operated

external stop valve in place of an internal self-closing stop valve.

(ii) An engine fuel line on a truck-mounted cargo tank of not more

than \3/4\ NPT equipped with a valve having an integral excess flow

valve or excess flow feature.

(iii) A cargo tank motor vehicle certified before January 1, 1995,

unless intended for use to transport a flammable liquid, flammable gas,

hydrogen chloride, refrigerated liquid, or anhydrous ammonia.

(6) In addition to the internal self-closing stop valve, each

filling and discharge line must be fitted with a stop valve located in

the line between the internal self-closing stop valve and the hose

connection. A back flow check valve or excess flow valve may not be

used to satisfy this requirement.

(7) An excess flow valve may be designed with a bypass, not to

exceed a 0.1016 centimeter (0.040 inch) diameter opening, to allow

equalization of pressure.

(b) Inlets and discharge outlets on chlorine tanks. The inlet and

discharge outlets on a cargo tank used to transport chlorine must meet

the requirements of Sec. 178.337-1(c)(2) and must be fitted with an

internal excess flow valve. In addition to the internal excess flow

valve, the inlet and discharge outlets must be equipped with an

external stop valve (angle valve). Excess flow valves must conform to

the standards of The Chlorine Institute, Inc., as follows:

(1) A valve conforming to Drawing 101-7, dated July 1993, must be

installed under each liquid angle valve.

(2) A valve conforming to Drawing 106-6, dated July 1993, must be

installed under each gas angle valve.

(c) Discharge outlets on carbon dioxide, refrigerated liquid, cargo

tanks. A discharge outlet on a cargo tank used to transport carbon

dioxide, refrigerated liquid is not required to be fitted with an

internal self-closing stop valve.

14. In Sec. 178.337-9, paragraph (b)(6) is revised, paragraph

(b)(7) is redesignated as paragraph (b)(8) and revised, a new paragraph

(b)(7) is added, and paragraph (c) is revised to read as follows:

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

fittings.

* * * * *

(b) Piping, valves, hose, and fittings. * * *

(6) Cargo tank manufacturers and fabricators must demonstrate that

all piping, valves, and fittings on a cargo tank are free from leaks.

To meet this requirement, the piping, valves, and fittings must be

tested after installation at not less than 80 percent of the design

pressure marked on the cargo tank.

(7) A hose assembler must:

(i) Permanently mark each hose assembly with a unique

identification number.

(ii) Demonstrate that each hose assembly is free from leaks by

performing the tests and inspections in Sec. 180.416(f) of this

subchapter.

(iii) Mark each hose assembly with the month and year of its

original pressure test.

(8) Chlorine cargo tanks. Angle valves on cargo tanks intended for

chlorine service must conform to Drawing 104-8, dated July 1993, in the

standards of The Chlorine Institute. Before installation, each angle

valve must be tested for leakage at not less than 225 psig using dry

air or inert gas.

(c) Marking inlets and outlets. Except for gauging devices,

thermometer wells, and pressure relief valves, each cargo tank inlet

and outlet must be marked ``liquid'' or ``vapor'' to designate whether

it communicates with liquid or vapor when the cargo tank is filled to

the maximum permitted filling density. A filling line that communicates

with vapor may be marked ``spray-fill'' instead of ``vapor.''

* * * * *

15. Section 178.337-11 is revised to read as follows:

Sec. 178.337-11 Emergency discharge control.

(a) Emergency discharge control equipment. Emergency discharge

control equipment must be installed in a liquid discharge line as

specified by product and service in Sec. 173.315(n) of this subchapter.

The performance and certification requirements for emergency discharge

control equipment are specified in Sec. 173.315(n) of this subchapter

and are not a part of the cargo tank motor vehicle certification made

under this specification.

(b) Engine fuel lines. On a truck-mounted cargo tank, emergency

discharge control equipment is not required on an engine fuel line of

not more than \3/4\ NPT equipped with a valve having an integral excess

flow valve or excess flow feature.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

follows:

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

17. In Sec. 180.403, the introductory text for the definition

``Modification'' is revised, and definitions for ``Delivery hose

assembly'' and ``Piping system'' are added in alphabetical order to

read as follows:

Sec. 180.403 Definitions.

* * * * *

Delivery hose assembly means a liquid delivery hose and its

attached couplings.

* * * * *

Modification means any change to the original design and

construction of a cargo tank or a cargo tank motor vehicle

[[Page 28051]]

that affects its structural integrity or lading retention capability

including changes to equipment certified as part of an emergency

discharge control system required by Sec. 173.315(n)(2) of this

subchapter. Any modification that involves welding on the cargo tank

wall must also meet all requirements for ``Repair'' as defined in this

section. Excluded from this category are the following:

* * * * *

Piping system means any component of a cargo tank delivery system,

other than a delivery hose assembly, that contains product during

loading or unloading.

* * * * *

18. In Sec. 180.405, paragraphs (m) and (n) are added to read as

follows:

Sec. 180.405 Qualification of cargo tanks.

* * * * *

(m) Specification MC 330, MC 331 cargo tank motor vehicles, and

nonspecification cargo tank motor vehicles conforming to

Sec. 173.315(k) of this subchapter, intended for use in the

transportation of liquefied compressed gases. (1) No later than the

date of its first scheduled pressure test after July 1, 2001, each

specification MC 330 and MC 331 cargo tank motor vehicle, and each

nonspecification cargo tank motor vehicle conforming to Sec. 173.315(k)

of this subchapter, marked and certified before July 1, 2001, that is

used to transport a Division 2.1 material, a Division 2.2 material with

a subsidiary hazard, a Division 2.3 material, or anhydrous ammonia must

have an emergency discharge control capability as specified in

Sec. 173.315(n) of this subchapter. Each passive shut-off system

installed prior to July 1, 2001, must be certified by a Design

Certifying Engineer that it meets the requirements of

Sec. 173.315(n)(2) of this subchapter.

(2) The requirement in paragraph (m)(1) of this section does not

apply to a cargo tank equal to or less than 13,247.5 liters (3,500

gallons) water capacity transporting in metered delivery service a

Division 2.1 material, a Division 2.2 material with a subsidiary

hazard, or anhydrous ammonia equipped with an off-truck remote shut-off

device that was installed prior to July 1, 2000. The device must be

capable of stopping the transfer of lading by operation of a

transmitter carried by a qualified person attending unloading of the

cargo tank. The device is subject to the requirement in Sec. 177.840(o)

of this subchapter for a daily test at 45.72 meters (150 feet).

(3) Each specification MC 330 and MC 331 cargo tank in metered

delivery service of greater than 13,247.5 liters (3,500 gallons) water

capacity transporting a Division 2.1 material, a Division 2.2 material

with a subsidiary hazard, or anhydrous ammonia, marked and certified

before July 1, 1999, must have an emergency discharge control

capability as specified in Secs. 173.315(n) and 177.840 of this

subchapter no later than the date of its first scheduled pressure test

after July 1, 2001, or July 1, 2003, whichever is earlier.

(n) Thermal activation. No later than the date of its first

scheduled leakage test after July 1, 1999, each specification MC 330 or

MC 331 cargo tank motor vehicle and each nonspecification cargo tank

motor vehicle conforming to Sec. 173.315(k) of this subchapter, marked

and certified before July 1, 1999, that is used to transport a

liquefied compressed gas, other than carbon dioxide and chlorine, that

has a water capacity of 13,247.5 liters (3,500 gallons) or less must be

equipped with a means of thermal activation for the internal self-

closing stop valve as specified in Sec. 178.337-8(a)(4) of this

subchapter.

19. In Sec. 180.407, paragraph (h)(1)(iii) is added, existing

paragraphs (h)(4) through (h)(8) are redesignated as paragraphs (h)(5)

through (h)(9), respectively, and a new paragraph (h)(4) is added to

read as follows:

Sec. 180.407 Requirements for test and inspection of specification

cargo tanks.

* * * * *

(h) Leakage test. (1) * * *

(iii) An operator of a specification MC 330 or MC 331 cargo tank,

and a nonspecification cargo tank authorized under Sec. 173.315(k) of

this subchapter, equipped with a meter may check leak tightness of the

internal self-closing stop valve by conducting a meter creep test. (See

Appendix B to this part.)

* * * * *

(4) After July 1, 2000, Registered Inspectors of specification MC

330 and MC 331 cargo tanks, and nonspecification cargo tanks authorized

under Sec. 173.315(k) of this subchapter must visually inspect the

delivery hose assembly and piping system while the assembly is under

leakage test pressure utilizing the rejection criteria listed in

Sec. 180.416(g). Delivery hose assemblies not permanently attached to

the cargo tank motor vehicle may be inspected separately from the cargo

tank motor vehicle. In addition to a written record of the inspection

prepared in accordance with Sec. 180.417(b), the Registered Inspector

conducting the hose test must note the hose identification number, the

date of the original hose assembly test, and the condition of the hose

assembly and piping system tested.

* * * * *

20. Section 180.416 is added to read as follows:

Sec. 180.416 Discharge system inspection and maintenance program for

cargo tanks transporting liquefied compressed gases.

(a) Applicability. This section is applicable to an operator using

specification MC 330, MC 331, and nonspecification cargo tanks

authorized under Sec. 173.315(k) of this subchapter for transportation

of liquefied compressed gases other than carbon dioxide. Pa

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