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

SUMMARY: RSPA is proposing revisions to 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 proposed 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 proposing revised 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 proposing a two-year period for development and testing of

emergency discharge control technology. After two years, the proposal

would require newly manufactured MC 331 cargo tank motor vehicles to be

equipped with emergency discharge control equipment that complies with

the proposed performance standards; MC 330, MC 331 and certain

nonspecification cargo tank motor vehicles already in service would be

retrofitted at their first scheduled pressure test after the two-year

period. These proposals 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: Submit comments on or before April 21, 1999.

ADDRESSES: Address written comments to the Dockets Management System,

U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW,

Washington, DC 20590-0001. Identify the docket number RSPA-97-2718 at

the beginning of your comments and submit two copies. If you want to

receive confirmation of receipt of your comments, include a self-

addressed, stamped postcard. Comments also may be submitted by e-mail

to [email protected].

The Dockets Management System is located on the Plaza Level of the

Nassif Building at the Department of Transportation at the above

address. You can review public dockets there between the hours of 9:00

a.m. and 5:00 p.m., Monday through Friday, except federal holidays. In

addition, you can review comments by accessing the docket management

system through the DOT home page (http://dms.dot.gov).

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. Negotiated Rulemaking Committee and its Activities

III. Statement of the Issues

IV. Proposed Revisions

A. Prevention

B. Identification

C. Mitigation

D. Implementation Schedule

E. Miscellaneous

F. Section-by-Section Review

V. Regulatory Analyses and Notices

I. Background

On December 13, 1996 (61 FR 65480), the Research and Special

Programs Administration (RSPA, ``we'') and the Federal Highway

Administration (FHWA) published advisory guidance on emergency

discharge control systems on MC 330, MC 331 and certain

nonspecification cargo tanks used to transport liquefied compressed

gases. This followed an incident involving the unintentional release of

propane from an MC 331 cargo tank motor vehicle during unloading.

On February 19, 1997 (RSPA-97-2133 (HM-225), 62 FR 7638), RSPA

adopted an interim final rule establishing certain temporary

alternative regulations under which cargo tanks could remain in service

while RSPA and FHWA evaluated this incident and other situations in

which liquefied compressed gases were released unintentionally from

cargo tanks during unloading operations. In particular, the interim

final rule amended the Hazardous Materials Regulations (HMR; 49 CFR

Parts 171-180) by establishing a new Sec. 171.5, which set forth

conditions under which affected cargo tanks, without certification and

demonstrated performance of their emergency discharge control systems,

could continue in service.

On August 18, 1997 (62 FR 44038), RSPA published a final rule and

responded to petitions for reconsideration of the interim final rule.

The final rule reiterated most of the elements of the interim final

rule and extended it as a continuing temporary regulation.

Also on August 18, 1997 (62 FR 44059), RSPA published an advance

notice of proposed rulemaking (ANPRM) in Docket No. RSPA-97-2718 (HM-

225A). This ANPRM solicited public comment on a series of specific

topics. RSPA 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 September 19, 1997 (62 FR 49171), RSPA issued additional

advisory guidance in Docket No. RSPA-97-2133 (HM-225), in response to a

petition for reconsideration and a request for clarification.

On December 10, 1997 (62 FR 65187), RSPA published a second final

rule that made changes to the August 18, 1997, final rule, responded to

petitions for reconsideration, and made certain corrections and

clarifications.

On June 4, 1998 (63 FR 30572), RSPA proposed to establish a

negotiated rulemaking committee under Docket RSPA-97-2718 (HM-225A) and

announced a public meeting to discuss that proposal. The negotiated

rulemaking process is defined in 5 U.S.C. 561 et seq.

The above-referenced rulemaking documents contain a thorough

discussion of the issues that led to issuance of the temporary

regulation in Sec. 171.5, and to establishment of a negotiated

rulemaking committee to develop recommendations for changes to the

applicable regulations. These prior rulemaking publications and the

[[Page 13857]]

public comments on them (see RSPA-97-2133) are hereby incorporated into

this docket by reference.

II. Negotiated Rulemaking Committee and its Activities

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 consists 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 members of the Committee are:

1. Department of Transportation--Edward Mazzullo, Research and Special

Programs Administration

2. National Propane Gas Association--Charles Revere, Revere Gas and

Appliance

3. The Fertilizer Institute--Charles Rosas, Farmland Industries

4. National Tank Truck Carriers--Clifford Harvison

5. Compressed Gas Association--Ronald McGrath

6. National Fire Protection Association--Theodore Lemoff

7. Propane Distribution (Small)--Mike Gorham, Northwest Gas, and Lin

Johnson, Lin's Propane

8. Propane Distribution (Large)--Russell Rupp, Suburban Propane, and

Ken Faulhaber, Ferrellgas

9. Anhydrous Ammonia/Dual Use Anhydrous Ammonia-Propane (Small)--

Charles Whittington, Grammar Industries

10. Anhydrous Ammonia/Dual Use Anhydrous Ammonia-Propane (Large)--Jean

Trobec and Cliff Shoettmer, Growmark; and Jim York and Tom Stene,

National Private Truck Council

11. State Safety Enforcement Agencies--Steve Hermann, Cooperative

Hazardous Materials Enforcement Development (COHMED), and Eric Adair,

Commercial Vehicle Safety Alliance (CVSA)

12. State Safety Regulatory Agencies--Vicki O'Neill, Bureau of

Liquefied Petroleum Gas Inspections/Florida Department of Agriculture

and Consumer Services, and Ronny Coleman, California State Fire Marshal

13. State/Local Emergency Response Agencies and Fire Services--Ronald

Dykes, International Association of Fire Chiefs

14. Cargo Tank Manufacturers (Transports)--Mike Pitts, Mississippi Tank

15. Cargo Tank Manufacturers (Bobtails)--David Auxier, Bulk Tank and

Transport

16. Technology--Jim Griffin, Fisher Controls

The Committee was chaired by Philip J. Harter, Esq., a trained

facilitator. The role of the facilitator was to apply proven consensus

building techniques to the negotiations. The facilitator was not

involved with the substantive development of the standard. Rather, his

role was to: (1) chair the meetings of the committee in an impartial

manner; (2) impartially assist the members of the committee in

conducting discussions and negotiations; (3) act as disclosure officer

for committee records under the Freedom of information Act (FOIA); and

(4) keep minutes of all committee meetings in accordance with the

Federal Advisory Committee Act (FACA) requirements.

In some instances, work groups were formed around particular

issues, and certain members were identified as spokespersons for these

groups.

Interested parties who were not selected to membership on the

Committee were provided an opportunity to contribute to the negotiated

rulemaking effort in the following ways:

They were provided with the minutes of Committee meetings

and could submit written comments to the Committee as appropriate.

They could attend the Committee meetings, which were open

to the public, caucus with the Committee member representing their

interest on the Committee, and were provided opportunities to address

the Committee as time permitted.

They could participate in the workgroups established by

the Committee. These informal workgroups were used to assist in

addressing various technical matters (e.g., developing standards for an

emergency discharge control system or verifying certain engineering

procedures, or commenting on particular matters before the Committee)

to facilitate Committee deliberations. They also assisted in drafting

regulatory text. The workgroups were made up of Committee members and

other parties who had expertise or a particular interest in the

technical matter(s) being discussed.

The Committee met in plenary and working sessions on six occasions.

Among the materials considered by the Committee in developing the

proposals in this NPRM are 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.

The Committee agrees that the costs imposed by the proposed rule will

be off-set by the benefits. The Committee had no role in preparing

DOT's ``Preliminary Regulatory Evaluation'' or ``Environmental

Assessment'' and did not consider them in its deliberations.

III. 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, the

[[Page 13858]]

Department intends to address safety issues related to unloading of all

liquefied compressed gases in a single proposed rule to the extent

feasible and practicable. Accordingly, we propose to adopt the

Committee's recommendations for 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

this proposed rule 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 70 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

proposing revisions 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.

IV. Proposed Revisions

A. Prevention

The Committee recommends and we are proposing 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 proposing a hose management

program for liquid 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 we are proposing are equally applicable to

unloading operations for all liquefied compressed gases. The proposed

program includes 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 would apply 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

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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 would require an operator to remove and

replace damaged hose sections and to correct any defects discovered in

hoses or hose assemblies. The operator would be 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

would not be required if the operator corrected 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 would 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 would 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, the Committee recommends and we are proposing to institute

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 recommended for hoses. Piping system

inspections and tests would 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 Committee recommends and

we are proposing that the person unloading liquefied compressed gases

from a cargo tank visually check those components of the discharge

system that are readily observed during the normal course of unloading.

This check would be done before each delivery after the pressure in the

discharge system reaches 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

The Committee recommends and we are proposing new attendance

provisions applicable to unloading of LPG and anhydrous ammonia. The

attendance provisions in Sec. 177.834(i), which we are proposing to

revise for clarity and consistency, will apply to all other cargo tank

loading and unloading operations. We are proposing the following

changes:

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.

Definition for ``Metered Delivery Service''

The Committee recommends 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 proposing to define a new

term--``metered delivery service.'' The proposed 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

[[Page 13860]]

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.

The Committee recommends and we are proposing that the qualified

person attending the unloading operation 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 would not be required to be in position to view the

entire length of the delivery hose.

This proposed 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 would 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, we propose that 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 would not be required to be in position to view the

entire length of the delivery hose.

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 proposed requirements for attending unloading operations for

metered delivery service would 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 would apply at all other times.

Taken together, the Committee believes that the proposed 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 also being proposed, 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. The

Committee recommends, and we are proposing, 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 or 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

[[Page 13861]]

stop valve with an integral excess flow valve or 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. The Committee recommends and we are proposing clarifying the

current regulations to accurately reflect an excess flow valve's

performance capabilities. The clarification appears in proposed

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. We are therefore

proposing that, when required by regulation, a passive means to shut

off the flow of product will be 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 would be

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 feature. The proposed modification would

require 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 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 has been 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 therefore recommends 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 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, the Committee

recommends 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 complete liquid 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 propose to adopt 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 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 Committee recommends and we are

proposing to permit 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.

[[Page 13862]]

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 recommends 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 off-truck

remote must be capable of activation from any place the qualified

person may need to be during the unloading operation. 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.

The Committee recognizes 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 proposed rule, such limitations would be

considered acceptable. The Committee recognizes that some deliveries

will be made under conditions where an otherwise operable wireless

transmitter/receiver system cannot be used or might not function and

believes that the other safety features of this proposed rule should be

considered sufficient in such cases. Accordingly, the proposed rule

would 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 proposed regulation

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-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

RSPA's concerns, the Committee agreed 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, we are proposing that the Committee's recommendation be

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 our proposal for emergency discharge

control equipment on cargo tanks transporting liquefied compressed

gases:

[[Page 13863]]

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

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

subsidiary hazard and anhydrous delivery service. capability.

ammonia.

b. Division 2.1 materials.

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

subsidiary hazard and anhydrous less. service. capability.

ammonia.

b. Division 2.1 materials.

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

subsidiary hazard and anhydrous water gallons. service. capability and

ammonia.

b. Division 2.1 materials in ...................... ...................... For obstructed view

cargo tanks. deliveries 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, we are proposing that 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 should 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 proposing specific requirements for certifying the

design and installation of emergency discharge control equipment. For

off-truck remote shut-off equipment, our proposal would require that it

be installed under the supervision of a Registered Inspector, who would

certify that it was installed according to the manufacturer's

specifications. For passive shut-down equipment, we propose that its

design 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, the Committee recommends and

we are proposing that any passive shut-down systems installed on cargo

tank motor vehicles prior to implementation of the proposed regulation

must be certified by a Design Certifying Engineer.

The manufacturers of internal self-closing stop valves with an

integral excess flow valve or feature participating as members of the

Committee advised the Committee that, in addition to restrictions in

downstream piping caused by pumps, 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. The Committee agreed and we are proposing

that internal self-closing stop valves 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 proposing 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 should 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

[[Page 13864]]

agreed on the following implementation schedule outline in the

following table for the new requirements proposed in this NPRM. [The

dates noted assume that the final rule will be effective on July 1,

1999.]

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

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 would be authorized within 30 days of

publication of the final rule in the Federal Register, providing

parties and the agency time to file and respond to any petitions for

reconsideration. New or amended sections not specifically referenced in

the table would 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

effective [effective date of final rule]. 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 Committee recommends

[[Page 13865]]

and we are proposing 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 Committee also recommends that operators be permitted 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 would be permitted to operate after its

first pressure testing interval occurring after [two years after the

effective date of the final rule] unless it is equipped with

appropriate emergency discharge control equipment. All equipment

retrofits would be completed by [seven years after the effective date

of the final rule].

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 Committee also recommends and we are proposing that cargo tanks

authorized under Sec. 173.315(k) of the HMR, which are currently

limited to intrastate operations, should be permitted 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 would 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, the Committee recommends and we are

proposing that 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 [one year after effective date of final

rule]. When a system reaches the end of its useful life, a replacement

system would be required to conform to the new requirements proposed in

this NPRM.

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

larger capacity cargo tanks, the Committee agreed and we are proposing

that cargo tank motor vehicles in metered delivery service with

capacities greater than 3,500 water gallons must 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 by [four years after effective date of final rule],

whether or not they are due to be requalified at that time and whether

or not they are already equipped with off-truck remote shut-off devices

that close 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 proposed above by [four years after effective date of

final rule].

We anticipate that periodic progress reviews will be needed during

the two-year development and testing cycle for emergency discharge

control technology. These reviews would 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

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

explore possible sponsorship of technology exchange

[[Page 13866]]

forums to highlight the state of technology development and

implementation.

E. Miscellaneous

In addition to the proposals outlined above, we are proposing

revisions to 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, the Committee agreed to revisions to the

current specification, described in more detail in the section-by-

section review below, that would 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 would be removed. Through the amendments proposed in this

notice, these temporary measures would no longer be necessary.

Section 171.7. We propose to revise the incorporations by reference

to reflect the most recent publication of The Chlorine Institute.

Section 171.8. We propose to add 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 proposing to include an exception from this

requirement where the provisions of Pamphlet 58 are inconsistent with

Parts 178 and 180 of the HMR. We also propose to permit such tanks to

cross state lines to travel to and from a qualified assembly, repair,

maintenance, or requalification facility under certain conditions.

Finally, we propose to rewrite paragraph (k) for clarity.

We are proposing to revise 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.

Proposed paragraph (n)(1) includes a table that shows the

subparagraphs of proposed paragraph (n) where emergency discharge

control requirements applicable to specific liquefied compressed gases

are located.

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

equipment that will be required on cargo tanks used to transport

liquefied compressed gases in other than metered delivery service and

requirements for installation and certification. Proposed paragraph

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

Design Certifying Engineer. The certification would be required to

consider any specifications of the original component manufacturer and

would 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.

Proposed paragraph (n)(2)(iii) would require 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.

Proposed paragraphs (n)(3) and (n)(4) describe the emergency

discharge control equipment that would be required on cargo tanks

transporting liquefied compressed gases in metered delivery service,

including requirements for installation and certification. Proposed

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.

We are also proposing to add paragraph (p) to require 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 propose to revise 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

propose to remove paragraph (i)(5) for clarity.

Section 177.840. We propose to add several new provisions

concerning unloading procedures for liquefied compressed gases.

Paragraph (l) would require that each operator of a cargo tank motor

vehicle transporting a liquefied compressed gas carry a written

operating procedure for all delivery operations on the cargo tank motor

vehicle. The operating procedure would 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 would describe

the conditions under which use of a facility-provided hose for

unloading is authorized.

We propose to add paragraph (m) to require 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 would determine that each

component is of sound quality and without obvious defects detectable

through visual observation and audio awareness. The qualified person

would also assure that all connections are secure. This paragraph would

also prohibit an operator from unloading a liquefied compressed gas if

the discharge system has any of the defects listed in proposed

Sec. 180.416(g).

Paragraph (n) would require 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 equipment in the event of

an unintentional release during unloading.

[[Page 13867]]

Paragraph (o) would require that operators of cargo tank motor

vehicles with an off-truck remote shut-off capability 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.

Paragraphs (p) and (q) provide proposed attendance requirements for

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

metered delivery service, paragraph (p) would require that a qualified

person must remain within 150 feet of the cargo tank motor vehicle and

within 25 feet of the delivery hose and must observe both the cargo

tank and the receiving container at least once every five minutes while

the internal self-closing stop valve is open. Proposed 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.

Paragraph (q) proposes revised 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.

Paragraph (r) proposes 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.

Proposed paragraph (s) would require 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.

Proposed paragraph (t) would require 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.

Proposed paragraph (u) would require that chlorine be unloaded from

cargo tanks in accordance with procedures set forth in section 3 of

Pamphlet 57 published by the Chlorine Institute. This proposal responds

to comments received under Docket HM-225.

Part 178

Section 178.337-1. We are proposing to add a new paragraph (g) that

would 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.''

Section 178.337-8. We are proposing to retitle and rewrite this

section to place all of the requirements related to MC 331 cargo tank

openings, inlets, and outlets in one section. Paragraph (a)(1) would be

rewritten for clarity. Paragraph (a)(2) would be revised to indicate

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

or bolted flange.

Paragraph (a)(3) would be 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) would be 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, would be 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 would thus implement the Committee's

recommendation that all MC 331 cargo tanks, regardless of their

capacities, must be equipped with fusible elements.

Proposed paragraph (a)(4)(i) would incorporate 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) would incorporate 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. Proposed paragraph (a)(4)(iii) would move 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). Proposed paragraph (a)(4)(iv) would clarify performance

requirements for excess flow valves, integral excess flow valves, and

excess flow features. Proposed paragraph (a)(4)(v) would permit an

integral excess flow valve or the excess flow feature of an internal

self-closing stop valve to be designed with a bypass and would specify

bypass requirements currently found in Sec. 178.337-11(a)(1)(vi).

Proposed paragraph (a)(4)(vi) would specify construction requirements

for internal self-closing stop valves currently located in

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

Proposed paragraph (a)(5) would move exceptions from the

requirement for a primary discharge control system from Sec. 178.337-

11(a)(2) and (c). Proposed paragraph (a)(6) would move requirements for

shut-off valves from Sec. 178.337-11(b). Proposed paragraph (a)(7)

would permit an excess flow valve to be designed with a bypass for

equalization of pressure.

Proposed paragraph (b) moves and updates requirements applicable to

chlorine cargo tanks from Sec. 178.337-11(a)(4). Proposed 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 propose to revise paragraph (b)(6) to move

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

require that hose assemblers mark each hose assembly with a unique

identifier and test the hose assembly in accordance with the new

testing requirements proposed in Sec. 180.416(f). Current paragraph

(b)(7) would be redesignated as (b)(8) and updated to incorporate the

most recent publications of The Chlorine Institute. This proposal

responds to comments received to Docket HM-225. 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 proposed revision should

clarify any confusion among enforcement personnel about whether this

practice is permitted.

[[Page 13868]]

Section 178.337-11. We are proposing 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 would also note 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. In addition, we propose to redesignate paragraph (a) as

paragraph (b) and modify redesignated paragraph (b)(1)(v) to accurately

reflect the performance capabilities of excess flow valves.

Proposed 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) would be

relocated to Sec. 178.337-8. Current paragraph (a)(1)(v) would be

removed. Current paragraphs (a)(2), (a)(2)(i) and (ii), (a)(3), and

(a)(4) and current paragraph (b) would be moved to Sec. 178.337-8.

Part 180

Section 180.403. We propose to add a definition for ``delivery hose

assembly'' and for ``piping systems.'' In addition, we propose to

revise 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 would be considered a

modification. This would make a modification of this equipment subject

to certification by a Design Certifying Engineer under Sec. 180.413(d).

Section 180.405. We propose to revise 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 two years after the effective date of the final rule. 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 four

years after the effective date of the final rule or by the cargo tank's

first scheduled pressure test two years after the effective date of the

final rule, whichever is earlier. For fusible elements, a cargo tank

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

after the effective date of the final rule.

Section 180.407. We are proposing to revise 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 proposes recordkeeping

requirements related to the leakage test.

Section 180.416. We are proposing to add 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.

Appendices to Part 180. We propose to add Appendices A and B to

Part 180. Appendix A would outline 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 would outline 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 proposed rule is not considered a significant regulatory

action under section 3(f) of Executive Order 12866. The rule is

considered significant under the Regulatory Policies and Procedures of

the Department of Transportation (44 FR 11034) because of public

interest. A preliminary regulatory evaluation is available for review

in the docket.

B. Executive Order 12612

This proposed 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. 5701-5127, 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 proposed rule addresses covered subjects under items (i)

through (v) above and, if adopted, would preempt 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. RSPA proposes that the

effective date of federal preemption for these requirements be 90 days

after a final rule is issued in this rulemaking.

C. Executive Order 13084

This proposed 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 resulting from this NPRM 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. Nevertheless, this NPRM specifically

requests comments from affected persons, including Indian tribal

governments, as to its potential impact.

[[Page 13869]]

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 preliminary regulatory evaluation, I hereby

certify that the proposed rule would not have a significant economic

impact on a substantial number of small businesses.

Need for the proposed rule. The goal of the proposed regulations 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 proposals in this NPRM are

intended to 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 would incur

compliance costs in the amounts outlined in the preliminary 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 $804 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 $0.00201. RSPA fully

anticipates that this additional cost of operation would 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 $0.33. Considering that the national average residential

price of propane on January 18, 1999 was $0.890 per gallon, RSPA

determined that there would 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 proposed rule that requires

installation of certain 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

proposed 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 would 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

[[Page 13870]]

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 proposed rule. The principal types of

compliance expenditures effectively required by the proposed 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 proposed rules were developed

under the assumption that small businesses comprise an overwhelming

majority of entities that would be compelled to comply. The NPRM 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

proposed rules, 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.

RSPA is proposing a two-year period for development and testing of

new technologies for emergency discharge control and 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, RSPA is proposing 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, RSPA is proposing that 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 one year

after the effective date of the final rule.

In addition, RSPA is proposing that 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, be permitted 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

proposed requirements, including proposed new recordkeeping

requirements, should not significantly affect the cost of transporting

and delivering liquefied compressed gases. Based on this initial

analysis, RSPA believes that the proposed rules will not impose a

substantial economic burden on a significant number of small businesses

or other small entities.

E. Paperwork Reduction Act

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. RSPA has a current information collection approval

under OMB No. 2137-0595, Cargo Tank Motor Vehicles in Liquefied

Compressed Gas Service, which expires July 1, 1999, with 8,300 burden

hours and an annual cost of $85,000. RSPA believes that this proposed

rule may result in an increase in annual burden hours and costs. If

these proposals are finalized, RSPA will revise the current approval

and resubmit it to OMB for extension and re-approval.

Section 1320.8(d), Title 5, Code of Federal Regulations, requires

that RSPA provide interested members of the public and affected

agencies an opportunity to comment on information collection and

recordkeeping requests. This proposal identifies information collection

that RSPA may submit to OMB for extension and re-approval based on the

requirements in this proposed rule. RSPA has revised burden estimates,

where appropriate, to reflect current reporting levels or adjustments

based on changes in this proposed rule since the information collection

was last approved. RSPA estimates that the total information collection

and recordkeeping burden for transportation and unloading of cargo tank

motor vehicles in liquefied compressed gas service requirements would

be revised as follows:

OMB No.: 2137-0595.

Number of Respondents: 6,958.

Total Annual Responses: 920,530.

Total Annual Burden Hours: 200,615.

Total Annual Burden Cost: $2,621,141.

One Time Annual Start Up Burden Hours: 14,490.

One Time Annual Start Up Cost: $161,615.

Total Responses for First Year: 990,563.

Total Annual Burden Hours for First Year: 215,105.

Total Annual Burden Cost for First Year: $2,782,756.

RSPA specifically requests comments on the information collection

and recordkeeping burdens associated with

[[Page 13871]]

developing, implementing, and maintaining these requirements for

transportation and unloading of cargo tank motor vehicles in liquefied

compressed gas service under this proposed rule.

Requests for a copy of the information collection should be

directed to Deborah Boothe, Office of Hazardous Materials Standards

(DHM-10), Research and Special Programs Administration, Room 8102, 400

Seventh Street, SW, Washington, DC 20590-0001, Telephone (202) 366-

8553.

Written comments should be addressed to the Dockets Management

System as identified in the ADDRESSES section of this rulemaking.

Comments should be received prior to the close of comment period

identified in the DATES section of this rulemaking.

Under the Paperwork Reduction Act of 1995, no person is required to

respond to an information collection unless it displays a valid OMB

control number. If these proposed requirements are adopted in a final

rule, RSPA will submit the revised information collection and

recordkeeping requirements to the Office of Management and Budget for

approval.

F. Regulation Identifier Number (RIN)

A regulation identifier number (RIN) is assigned to each regulatory

action listed in the Unified Agenda of Federal Regulations. The

Regulatory Information Service Center publishes the Unified Agenda in

April and October of each year. The RIN 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 proposed rule imposes no mandates and thus does not impose

unfunded mandates under the Unfunded Mandates Reform Act of 1995.

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 proposed rule does not propose business process changes or

require modifications to computer systems. Because this proposed rule

apparently does not affect organizations' ability to respond to the

Year 2000 problem, we do not intend to delay the effectiveness of the

proposed requirements.

I. Environmental Assessment

RSPA finds that there are no significant environmental impacts

associated with proposed regulations resulting from the negotiated

rulemaking to develop safety standards for preventing and mitigating

unintentional releases during the unloading of cargo tank motor

vehicles in liquefied compressed gas service. 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 propose to amend 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 would continue to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 171.5 [Removed]

2. Section 171.5 would be removed.

3. In Sec. 171.7, in the table in paragraph (a)(3), a new entry

would be 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..............................

* * * *

* * *

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

4. In Sec. 171.7, in the table in paragraph (a)(3), the following

changes would be made:

a. Under ``Chlorine Institute, Inc.,'' for the entry ``Standard

Chlorine Angle Valve Assembly,'' the wording ``104-6, December 1,

1982'' would be revised to read ``104-8, July 1, 1993.''

b. Under ``Chlorine Institute, Inc.,'' for the entry ``Excess Flow

Valve with Removable Seat,'' the wording ``101-6, September 1, 1973''

would be revised to read ``101-7, July 1, 1993'' and, in column 2, the

reference ``178.337-11'' would be revised to read ``178.337-8.''

[[Page 13872]]

c. Under ``Chlorine Institute, Inc.,'' for the entry ``Excess Flow

Valve with Removable Basket,'' the wording ``106-5, September 1, 1973''

would be revised to read ``106-6, July 1, 1993'' and, in column 2, the

reference ``178.337-11'' would be revised to read ``178.337-8.''

5. In Sec. 171.8, the following definition would be 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 would continue to read as

follows:

Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53.

7. In Sec. 173.315, paragraphs (k) and (n) would be revised and

paragraph (p) would be 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 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

Sec. 173.315(n)(1)(*) Material Delivery service discharge control

capability

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

(i)................................... Division 2.2 materials All................ None.

with no subsidiary

hazard, excluding

anhydrous ammonia.

(ii).................................. Division 2.3 materials... All................ Paragraph (n)(2) of this

section.

(iii)................................. Division 2.2 materials Other than metered Paragraph (n)(2) of this

with a subsidiary delivery service. section.

hazard, Division 2.1

materials, and anhydrous

ammonia.

(iv).................................. Division 2.2 materials Metered delivery Paragraph (n)(3) of this

with a subsidiary service. 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 Metered delivery service. Paragraph (n)(3) of

subsidiary hazard, Division 2.1 this section, and,

materials, and anhydrous ammonia in a for obstructed

cargo tank with a capacity greater view deliveries

than 13,247.5 liters (3,500 water where permitted by

gallons). Sec. 177.840(p)

of this

subchapter,

paragraphs (n)(3)

or (n)(4) of this

section..

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

(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

[[Page 13873]]

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 possible without

destruction of 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 [the effective date of the final rule] 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 [two years after the effective

date of the final rule]. No MC 330, MC 331 or nonspecification cargo

tank motor vehicle authorized under paragraph (k) of this section may

be operated after [seven years after the effective date of the final

rule] unless it has 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

[four years after the effective date of the final rule].

* * * * *

(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 would continue to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

9. In Sec. 177.834, paragraph (i)(5) would be removed and paragraph

(i)(3) would be 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) would be added to

read as follows:

Sec. 177.840 Class 2 (gases) materials.

* * * * *

(l) Operating procedure. Six months after effective date of final

rule, 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-

[[Page 13874]]

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 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.

(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 except during short periods when

the qualified person must activate controls or monitor the receiving

container.

(u) Unloading of chlorine cargo tanks. 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 would continue to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

12. In Sec. 178.337-1, new paragraph (g) would be 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 the primary shut off valve

installed at a product discharge outlet of a cargo tank.

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.

[[Page 13875]]

13. Section 178.337-8 would be revised to read as follows:

Sec. 178.337-8 Openings, inlets, and outlets.

(a) Outlets generally. (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) Each product inlet opening, including vapor return lines, must

be fitted with a back flow check 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 above, 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 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 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 single, so-called ``stop-check'' 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) Discharge outlets on chlorine tanks. Discharge outlets on cargo

tanks 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, 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) would be revised, paragraph

(b)(7) would be redesignated as paragraph (b)(8) and revised, a new

paragraph (b)(7) would be added, and paragraph (c) would be 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 safety relief valves,

all cargo tank inlets and outlets must be marked ``liquid'' to

designate that it communicates with liquid when the

[[Page 13876]]

cargo tank is filled to the maximum permitted filling density, or

``vapor'' or ``spray-fill'' to indicate a filling line that

communicates with vapor when the cargo tank is filled to the maximum

permitted filling density.

* * * * *

15. Section 178.337-11 would be 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 feature.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

16. The authority citation for part 180 would continue 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'' would be revised, and definitions for ``Delivery hose

assembly'' and ``Piping system'' would be 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 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) would be 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 [two years after the effective date of the final rule], 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 [two years after the

effective date of the final rule], 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 [two years

after the effective date of the final rule] 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 a Division 2.1 material, a

Division 2.2 material with a subsidiary hazard, or anhydrous ammonia in

metered delivery service equipped with an off-truck remote shut-off

device that was installed prior to [one year after the effective date

of the final rule]. 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 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 in metered delivery service, marked and certified

before [the effective date of final rule], 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 [two years after the effective date of

the final rule or four years after the effective date of the final

rule], whichever is earlier.

(n) Thermal activation. No later than the date of its first

scheduled leakage test after [the effective date of final rule], 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 [the effective date of

final rule], 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) would be added, existing

paragraphs (h)(4) through (h)(8) would be redesignated as paragraphs

(h)(5) through (h)(9), respectively, and a new paragraph (h)(4) would

be 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) 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.

* * * * *

[[Page 13877]]

20. Section 180.416 would be 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. Paragraphs

(b), (c), (d)(1), (d)(5), (e), (f), and (g)(1) of this section,

applicable to delivery hoses, apply only to hoses installed or carried

on the cargo tank.

(b) Hose identification. [One year after the effective date of the

final rule], the operator must assure that each delivery hose assembly

is permanently marked with a unique identification number and maximum

working pressure.

(c) Post-delivery hose check. After each unloading, the operator

must visually check that portion of the delivery hose assembly deployed

during the unloading.

(d) Monthly inspections and tests. (1) The operator must visually

inspect each delivery hose assembly at least once each month the

delivery hose assembly is in service.

(2) The operator must visually inspect the piping system at least

once each month the cargo tank is in service. The inspection must

include fusible elements and all components of the piping system,

including bolts, connections, and seals.

(3) At least once each month a cargo tank is in service, the

operator must actuate all emergency discharge control devices designed

to close the internal self-closing stop valve to assure that all

linkages operate as designed. Appendix A to this part outlines

acceptable procedures that may be used for this test.

(4) The operator of a cargo tank must check the internal self-

closing stop valve in the liquid discharge opening for leakage through

the valve at least once each month the cargo tank is in service. On

cargo tanks equipped with a meter, the meter creep test as outlined in

Appendix B to this part or a test providing equivalent accuracy is

acceptable. For cargo tanks that are not equipped with a meter,

Appendix B to this part outlines one acceptable method that may be used

to check internal self-closing stop valves for closure.

(5) The operator must note each inspection in a record. That record

must include the inspection date, the name of the person performing the

inspection, the hose assembly identification number, the company name,

the date the hose was assembled and tested, and an indication that the

delivery hose and piping system passed or failed the tests and

inspections.

(e) Annual hose leakage test. The owner of a hose assembly that is

not permanently attached to a cargo tank motor vehicle must ensure that

the hose is annually tested in accordance with Sec. 180.407(h)(4).

(f) New or repaired delivery hose assemblies. Each operator of a

cargo tank must ensure each new and repaired hose assembly is tested at

a minimum of 120 percent of the hose maximum working pressure.

(1) The operator must visually examine the delivery hose assembly

while it is under pressure.

(2) Upon successful completion of the pressure test and inspection,

the operator must assure that the delivery hose assembly is permanently

marked with the month and year of the test.

(3) The operator must complete a record documenting the test and

inspection, including the date, the signature of the inspector, the

hose owner, the hose identification number, the date of original hose

assembly and test, notes of any defects observed and repairs made, and

an indication that the delivery hose passed or failed the tests and

inspections.

(g) Rejection criteria. (1) No operator may use a delivery hose

assembly determined to have any condition identified below for

unloading liquefied compressed gases. An operator may remove and

replace damaged sections or correct defects discovered. Repaired hoses

may be placed back in service if retested successfully in accordance

with paragraph (f) of this section.

(i) Damage to the hose cover that exposes the reinforcement.

(ii) Wire braid reinforcement that has been kinked or flattened so

as to permanently deform the wire braid.

(iii) Soft spots when not under pressure, bulging under pressure,

or loose outer covering.

(iv) Damaged, slipping, or excessively worn hose couplings.

(v) Loose or missing bolts or fastenings on bolted hose coupling

assemblies.

(2) No operator may use a cargo tank with a piping system found to

have any condition identified below for unloading liquefied compressed

gases.

(i) Any external leak identifiable without the use of instruments.

(ii) Bolts that are loose, missing, or severely corroded.

(iii) Manual stop valves that will not actuate.

(iv) Rubber hose flexible connectors with any condition outlined in

paragraph (g)(1) of this section.

(v) Stainless steel flexible connectors with damaged reinforcement

braid.

(vi) Internal self-closing stop valves that fail to close or that

permit leakage through the valve detectable without the use of

instruments.

(vii) Pipes or joints that are severely corroded.

21. In Sec. 180.417, paragraph (a)(1) would be revised to read as

follows:

Sec. 180.417 Reporting and record retention requirements.

(a) Vehicle certification. (1) Each owner of a specification cargo

tank must retain the manufacturer's certificate, the manufacturer's

ASME U1A data report, where applicable, and related papers certifying

that the specification cargo tank identified in the documents was

manufactured and tested in accordance with the applicable

specification. This would include any certification of emergency

discharge control systems required by Sec. 173.315(n) of this

subchapter or Sec. 180.405(m). The owner must retain the documents

throughout his ownership of the specification cargo tank and for one

year thereafter. In the event of a change in ownership, the prior owner

must retain non-fading photo copies of these documents for one year.

* * * * *

22. Appendices A and B would be added to Part 180 to read as

follows:

Appendix A to Part 180--Internal Self-closing Stop Valve Emergency

Closure Test for Liquefied Compressed Gases

1. In performing this test, all internal self-closing stop

valves must be opened. Each emergency discharge control remote

actuator (on-truck and off-truck) must be operated to ensure that

each internal self-closing stop valve's lever, piston, or other

valve indicator has moved to the closed position.

2. On pump-actuated pressure differential internal valves, the

three-way toggle valve handle or its cable attachment must be

activated to verify that the toggle handle moves to the horizontal

position.

Appendix B to Part 180-- Acceptable Internal Self-closing Stop

Valve Leakage Tests for Cargo Tanks Transporting Liquefied

Compressed Gases

For internal self-closing stop valve leakage testing, leakage is

defined as any leakage through the internal self-closing valve or to

the atmosphere that is detectable when the valve is in the closed

position. On some valves this will require the closure of the

pressure by-pass port.

(a) Meter Creep Test.

1. An operator of a cargo tank equipped with a certified meter

may check the internal self-closing stop valve for leakage through

the valve seat using the meter as a flow measurement indicator. The

test is initiated

[[Page 13878]]

by starting the delivery process or returning product to the cargo

tank through the delivery system at normal pump operating

conditions. This may be performed at an idle. After the flow is

established, the operator closes the internal self-closing stop

valve and monitors the meter flow. The meter flow must stop within

30 seconds with no meter creep within 5 seconds after the meter

stops.

2. On pump-actuated pressure differential internal self-closing

stop valves, the valve must be closed with the remote actuator to

assure that it is functioning. On other types of internal self-

closing stop valves, the valve(s) may be closed using either the

normal valve control or the discharge control system (e.g., remote).

3. For the purposes of this section, a ``certified meter'' is

any meter that has undergone an annual certification by a local or

state approved certification process for the material(s) bein

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