95-8349. Cargo Tanks; Miscellaneous Requirements; Revisions and Response to Petitions for Reconsideration  

  • [Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
    [Rules and Regulations]
    [Pages 17398-17403]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-8349]
    
    
    
    
    [[Page 17397]]
    
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    Part III
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    Research and Special Programs Administration
    
    
    
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    49 CFR Parts 173, 178, and 180
    
    
    
    Cargo Tanks; Miscellaneous Requirements; Revisions and Response to 
    Petitions for Reconsideration; Final Rule
    
    Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules 
    and Regulations 
    [[Page 17398]] 
    
    DEPARTMENT OF TRANSPORTATION
    
    Research and Special Programs Administration
    
    49 CFR Parts 173, 178 and 180
    
    [Docket No. HM-183C; Amdt. Nos. 173-240, 178-105 and 180-7]
    RIN 2137-AC37
    
    
    Cargo Tanks; Miscellaneous Requirements; Revisions and Response 
    to Petitions for Reconsideration
    
    AGENCY: Research and Special Programs Administration (RSPA), DOT.
    
    ACTION: Final rule; response to petitions for reconsideration.
    
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    SUMMARY: This document amends a final rule published on November 3, 
    1994, and concerns manufacture, qualification, and maintenance of DOT 
    specification cargo tank motor vehicles. In response to petitions for 
    reconsideration, RSPA is revising design loading requirements for MC 
    331 cargo tank motor vehicles and making other minor editorial and 
    technical changes for clarity. The changes made in this document are 
    intended to ease certain regulatory requirements where there will be no 
    adverse effect on safety.
    
    DATES: Effective: May 22, 1995.
        Compliance date: Compliance with the regulations, as amended 
    herein, is authorized as of April 5, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Ronald Kirkpatrick, telephone (202) 
    366-4545, Office of Hazardous Materials Technology, or Jennifer Karim, 
    (202) 366-4488, Office of Hazardous Materials Standards, Research and 
    Special Programs Administration, U.S. Department of Transportation, 
    Washington, DC 20590-0001.
    
    SUPPLEMENTARY INFORMATION: On November 3, 1994, RSPA published in the 
    Federal Register a final rule, under Docket No. HM-183C (59 FR 55162), 
    amending certain requirements for the manufacture, qualification and 
    maintenance of cargo tank motor vehicles. Changes were made to relax 
    the requirements for structural integrity, accident damage protection, 
    welding and design quality control procedures, and pressure relief 
    based on comments from industry. Changes were also made to require 
    facilities repairing cargo tanks stamped as meeting the American 
    Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME 
    Code) to have a Certificate of Authorization for use of an ``R'' stamp 
    from the National Board of Boiler and Pressure Vessel Inspectors 
    (National Board) Code .
        RSPA received five petitions for reconsideration of certain aspects 
    of the final rule. These petitions were submitted by the Cargo Tank 
    Manufacturers Association (CTMA), Cargo Tank Concepts, Ltd. (CTCL), 
    Truck Trailer Manufacturers Association (TTMA), National Propane Gas 
    Association (NPGA), and the Compressed Gas Association, Inc. (CGA).
        CTMA opposed several provisions adopted in the final rule. First, 
    CTMA petitioned RSPA to reconsider its position on how the design 
    stress calculations, in 49 CFR 178.345-3(c), should be applied to cargo 
    tank loading conditions. Except for the loadings prescribed in 
    paragraph (c)(i), CTMA stated:
    
        [T]he loads are extreme loads that will be experienced rarely if 
    at all during the life of a cargo tank and [the] ASME Code allowable 
    stresses should be based on the stress increase allowed for wind and 
    seismic loads which are also experienced rarely if at all in the 
    life of stationary vessels. Per UG-23 of the ASME Code, this 
    increase is 20 percent. CTMA believes that the loads specified in 
    building codes [are] applicable to pressure vessels in the same 
    manner. Using ASME allowable stresses for these load conditions is 
    too conservative since margins of safety are pyramided if rarely 
    occurring extreme loads cannot be resisted by emergency stresses as 
    recommended by CTMA.
    
        As noted by RSPA in the preamble to the final rule (59 FR 55165), 
    discussions have been ongoing for a number of years on how to combine 
    the loadings in calculating the structural integrity requirements. The 
    concept of separating structural loadings into two categories, normal 
    operating loading and extreme dynamic loading, was proposed by several 
    cargo tank motor vehicle designers at a public meeting in February 1994 
    and more fully developed later. In normal operations, a cargo tank can 
    be expected to routinely experience relatively low dynamic forces; 
    these forces are to be considered to occur simultaneously. Under 
    extreme dynamic loadings, the cargo tank experiences relatively high 
    forces which occur rarely, if at all, during the life of a cargo tank; 
    these forces are considered to act independently, one at a time. This 
    approach has received wide acceptance and is the foundation for new 
    recommended practices under development by a TTMA engineering 
    committee.
        RSPA does not believe the calculations for ``stress increase'' 
    referred to by CTMA necessarily apply to dynamic loads experienced 
    either in normal operations or in extreme loading conditions 
    experienced by cargo tank motor vehicles. Two provisions for increased 
    allowable stresses are prescribed in the ASME Code, Section VIII, 
    Division 1, UG-23. In paragraph (c) of UG-23, a factor of 1.5 is 
    discussed for ``combined maximum primary membrane stress plus primary 
    bending stress across the thickness.'' Evidently, the 20 percent factor 
    referred to by CTMA is associated with the factor discussed in 
    paragraph (d) for the ``combination of earthquake loading, or wind 
    loading with other loadings in UG-22,'' with the stipulation that 
    earthquake and wind loadings need not be considered to act 
    simultaneously. RSPA believes the many years of experience accumulated 
    by cargo tank motor vehicle manufacturers support the approach adopted 
    in the final rule. The reference in the CTMA petition to other ``loads 
    specified in building codes'' may or may not pertain to this matter. 
    CTMA did not identify those codes and provided no information on 
    whether or how they have any application to cargo tank structural 
    integrity or accident damage protection. Therefore, CTMA's request is 
    denied.
        Second, CTMA opposed the 2 ``g'' design load for rollover damage 
    protection devices specified in Sec. 178.345-8(c)(1). CTMA stated that 
    the loads on rollover devices, in the case of longitudinal sliding, 
    would be limited by the coefficient of sliding friction of the metal 
    rollover devices on the ground or pavement and, in the case of lateral 
    rollover, would be limited even further by the lateral force leading to 
    continued overturn of the tank. RSPA discussed commenters' requests to 
    reduce the 2 ``g'' design load for rollover protection at length in the 
    preamble of the final rule (59 FR 55166). RSPA recognizes that new 
    designs may be necessary to gain significant benefits in safety.
        RSPA also recognizes that the amount of force currently imposed in 
    the horizontal plane is a simplification of many potential variables 
    which can come into play during an overturn accident. Many scenarios 
    are possible: the impact surface may be smooth or rough, horizontal or 
    sloping, as hard as concrete or as soft as sand or damp earth; the 
    vehicle may roll over an obstacle such as a guard rail; the cargo tank 
    may receive an impact over its entire length or on only a small part of 
    its exposed surface; etc. CTMA's comments on use of the coefficient of 
    sliding friction might be appropriate for overturn on a smooth, hard 
    highway surface, but would impose relatively moderate loads in 
    comparison to other rollover scenarios. Accident scenarios where the 
    rollover damage protection devices plow through earth or strike 
    [[Page 17399]] roadside obstacles impose much greater loadings on the 
    devices. Therefore, CTMA's petition for a reduction in the safety 
    performance of rollover damage protection is denied.
        Third, CTMA repeated its position that it is difficult to design 
    rear-end protection devices in compliance with the loads prescribed in 
    Sec. 178.345-8(d), particularly devices which are offset from the load 
    path. CTMA repeated its belief previously expressed in comments that 
    the intent of the regulation is for the loads to be transmitted to the 
    tank structure and absorbed without exceeding the permitted stresses 
    anywhere along the load path. CTMA offered no new information to 
    support this position. The revised requirements were discussed in the 
    preamble of the final rule (59 FR 55167). RSPA believes that the 
    revised requirements for the DOT 400-series cargo tanks allow engineers 
    more freedom in the design of rear-end protection, including approaches 
    involving energy dissipation and dampening. Therefore, CTMA's petition 
    is denied.
        Finally, CTMA commented on the suitability of applying ASME Code 
    standards to the cargo tank industry while not recognizing other 
    ``alternative quality control program(s).'' This issue was fully 
    discussed in the preamble of the final rule (59 FR 55162). In addition, 
    this subject was addressed in previous notices and public meetings 
    under Docket HM-183 extending over a period of nearly ten years. CTMA 
    provided no additional data or information to support changing the 
    final rule. Therefore, RSPA's position remains unchanged and 
    requirements for using procedures established under the ASME Code and 
    the National Board of Boiler and Pressure Vessel Inspectors (National 
    Board) Code are retained, and CTMA's petition is denied.
        CTCL petitioned RSPA to reconsider amendments allowing a small 
    release of certain types of ladings from the pressure relief system, in 
    overturn accidents, before reclosing to a leak-tight position. CTCL 
    stated that it has designed a vent which releases vapors instead of 
    lading in an overturn accident situation, and that this information was 
    not presented RSPA earlier because the technology had not yet been 
    developed. RSPA welcomes the development by industry of improved valve 
    designs. RSPA solicited information during the HM-183C rulemaking 
    proceeding on the existence of reclosing pressure relief devices 
    capable of reseating with no loss of lading and not subject to clogging 
    and sticking during field service. However, RSPA believes CTCL has not 
    provided sufficient information to support excluding the use of other 
    valve designs at this time, and CTCL's petition is denied.
        TTMA petitioned RSPA to continue allowing a cargo tank manufacturer 
    holding an ASME ``U'' stamp to make repairs to ASME stamped cargo 
    tanks. TTMA stated that an ASME ``U'' stamp holder should not be 
    required to obtain an ``R'' stamp from the National Board and there is 
    no reason why the National Board cannot continue to inspect repairs 
    made by a ``U'' stamp holder. Furthermore, the National Board 
    Inspection Code allows repairs to be made on ASME stamped cargo tanks 
    by a facility holding an ``R'' stamp or by a facility working within an 
    individual governmental jurisdiction where that jurisdiction has issued 
    authorization for the facility to perform repairs.
        RSPA explained in the preambles of the notice of proposed 
    rulemaking (March 3, 1993; 58 FR 12316) and the final rule (59 FR 
    55170) that the National Board has control over the quality of work 
    performed by an ``R'' stamp holder. Jurisdictional authorization is 
    recognized only within the governmental boundaries where the repair 
    facility is located. This type of authorization may be appropriate for 
    work performed on stationary vessels, but not for mobile systems such 
    as cargo tank motor vehicles. RSPA believes it is essential to apply a 
    nationally recognized consensus standard in a uniform manner regardless 
    of jurisdiction. Therefore, the requirement that repairs on DOT 
    specification cargo tanks certified to the ASME Code must be performed 
    only by a facility holding a valid ``R'' stamp is retained and TTMA's 
    petition is denied.
        CGA petitioned RSPA to remove the word ``internal'' in the first 
    sentence in Sec. 178.338-11(c) specifying that each filling and 
    discharge line for liquids must be provided with a remotely controlled 
    internal self-closing stop valve. CGA pointed out that the word 
    ``internal'' did not appear in the provision in the notice of proposed 
    rulemaking and that requiring internal valves would bring the cryogenic 
    flammable lading industry to a standstill because of the inner tank/
    outer jacket configuration of these cargo tanks. RSPA agrees. It was 
    not RSPA's intent to require an ``internal'' self-closing valve on 
    these tanks, but to broaden the requirement to include all flammable 
    ladings. Therefore, the word ``internal'' is removed.
        NPGA asked RSPA to reconsider its decision in the final rule that a 
    future rulemaking would address design loading requirements for MC 331 
    specification cargo tanks. The preamble to the final rule (59 FR 55163) 
    noted NPGA's recommendation for uniformity in design loading 
    requirements for all DOT specification cargo tanks. In its petitions, 
    NPGA asked RSPA to extend, until March 1, 1997, the compliance date for 
    construction of MC 331 cargo tank motor vehicles conforming to the 
    structural integrity requirements contained in Sec. 178.337-3. It also 
    urged RSPA to make resolution of stress analysis a priority project.
        RSPA has reviewed the report previously submitted by NPGA and found 
    that NPGA's proposed loadings for the MC 331 cargo tank are very 
    similar to the loadings adopted for the DOT 400-series cargo tanks. 
    This supports NPGA's position that cargo tank motor vehicles encounter 
    similar loadings regardless of whether the cargo tank is used to 
    transport a liquid or gas lading. Therefore, for greater consistency, 
    RSPA is amending the structural integrity requirements in Sec. 178.337-
    3 by adopting the same loadings as specified for the DOT 400-series 
    cargo tank specifications. In view of this change, a new paragraph (f) 
    is added in Sec. 178.23 to provide for a MC 331 specification cargo 
    tank conforming to the structural integrity requirements contained in 
    Sec. 178.337-3 or to the corresponding requirements in effect at the 
    time of manufacture. However, the material thickness may not be less 
    than that required by the ASME Code.
        Based on comments received from CGA that design loadings specified 
    for MC 338 cargo tanks should not be revised for consistency with the 
    MC 331 specification, RSPA is not making any change to Sec. 178.338-3. 
    CGA has advised it is developing a document to provide additional 
    guidance to its members on the design and construction of MC 338 cargo 
    tanks.
        The amendment to Sec. 178.337-3 eliminates any need for a delay in 
    the compliance date for construction of MC 331 cargo tank motor 
    vehicles conforming to the structural integrity requirements, and this 
    part of NPGA's petition is denied.
        Additionally, CGA petitioned RSPA to allow modifications on 
    cryogenic cargo tanks originally authorized by exemption prior to 
    introduction of the MC 338 specification. In accordance with 
    Sec. 180.405(d), such cargo tanks must be marked ``DOT MC 338-E'' 
    followed by the exemption number. CGA contends that modifications such 
    as adding a manhole may require removal of the outer jacket and 
    installation of a new shell course to the inner vessel; only local 
    reinforcement of the inner vessel was required 
    [[Page 17400]] previously. After further consideration, RSPA agrees 
    with CGA. In establishing the MC 338 specification, the final rule 
    (June 16, 1983; 48 FR 27674) stated ``[T]his grandfathering of existing 
    tanks is necessary to avoid potential severe economic consequences to 
    some exemption holders and can be justified from a safety point of view 
    because of the thorough technical review involved in the exemption 
    process, notwithstanding the fact that certain aspects of certain 
    exemptions may differ from this final rule.'' Nothing in subsequent 
    rulemakings has changed this premise. Therefore, in this final rule, in 
    Sec. 180.413, in paragraph (d)(3), the introductory text is revised, 
    and a new paragraph (v) is added to allow MC 338 cargo tanks authorized 
    under Sec. 180.405(d) to be structurally modified provided that no 
    reduction in structural integrity is incurred and that any modification 
    is in accordance with the ASME Code or with the MC 338 specification.
        Finally, RSPA has made the following editorial revisions for 
    clarity: In Sec. 178.345-3, in paragraphs (c)(1)(iii)(B) and 
    (c)(2)(iii)(B), in the second sentence, the wording ``horizontal pivot 
    of the tractor'' is revised to read ``horizontal pivot of the truck 
    tractor''. In Sec. 178.345-14, in paragraph (b)(3), the wording ``Tank 
    MAWP'' is revised to read ``Tank maximum allowable working pressure 
    (MAWP)''. In Sec. 180.403, a sentence is added to the definition of 
    modification. In Sec. 180.405, in paragraph (h)(2), reference to 40 CFR 
    60.601 is deleted. In Sec. 180.407, in the table in paragraph (c), 
    under the subheading ``Thickness Test'' in the first column, the 
    wording ``in corrosive service, except'' is revised to read 
    ``transporting lading corrosive to the tank, except''; and paragraphs 
    (d)(1) (i) and (ii) are revised to remove duplicative language. In 
    Sec. 180.413, paragraphs (b)(6) and (d)(10) are revised to clarify that 
    a repair or modification affecting the structural integrity of a 
    pressure cargo tank, with respect to pressure, must be determined by 
    testing required by the specification or by Sec. 180.407(g)(1)(iv).
    
    Rulemaking Analyses and Notices
    
    1. Executive Order 12866 and DOT Regulatory Policies and Procedures
    
        This final rule is not considered a significant regulatory action 
    under section 3(f) of Executive Order 12866 and was not reviewed by the 
    Office of Management and Budget. The rule is not considered significant 
    under the Regulatory Policies and Procedures of the Department of 
    Transportation (44 FR 11034). This amendment imposes no new 
    requirements on affected persons. The final regulatory evaluation for 
    the November 1994 final rule is available for review in the docket. 
    Changes in this final rule did not warrant revision of the regulatory 
    evaluation.
    
    2. Executive Order 12612
    
        This final rule has been analyzed in accordance with the principles 
    and criteria contained in Executive Order 12612 (``Federalism''). 
    Federal law expressly preempts State, local, and Indian tribe 
    requirements applicable to the transportation of hazardous material 
    that cover certain subjects and are not ``substantively the same'' as 
    the Federal requirements. 49 U.S.C. 5125(b)(1). These covered subjects 
    are:
        (A) The designation, description, and classification of hazardous 
    material;
        (B) The packing, repacking, handling, labeling, marking, and 
    placarding of hazardous material;
        (C) The preparation, execution, and use of shipping documents 
    related to hazardous material and requirements respecting the number, 
    contents, and placement of those documents;
        (D) The written notification, recording, and reporting of the 
    unintentional release in transportation of hazardous material; or
        (E) The design, manufacturing, fabricating, marking, maintenance, 
    reconditioning, repairing, or testing of a packaging or a container 
    which is represented, marked, certified, or sold as qualified for use 
    in transporting hazardous material.
        This final rule addresses the design, manufacturing, and certain 
    other requirements for packages represented as qualified for use in the 
    transportation of hazardous material. Therefore, this final rule 
    preempts State, local, or Indian tribe requirements that are not 
    ``substantively the same'' as Federal requirements on these subjects. 
    Section 5125(b)(2) of Title 49 U.S.C. provides that when DOT issues a 
    regulation concerning any of the covered subjects after November 16, 
    1990, DOT must determine and publish in the Federal Register the 
    effective date of Federal preemption. The effective date may not be 
    earlier that the 90th day following the date of issuance of the final 
    rule and no later than two years after the date of issuance. RSPA has 
    determined that the effective date of Federal preemption of this final 
    rule will be July 5, 1995.
        Because RSPA lacks discretion in this area, preparation of a 
    federalism assessment is not warranted.
    
    3. Regulatory Flexibility Act
    
        I certify that this final rule will not have a significant economic 
    impact on a substantial number of small entities. This rule applies to 
    manufacturers, shippers, carriers, and owners of cargo tanks, some of 
    which are small entities. There are no direct or indirect adverse 
    economic impacts for small units of government, businesses, or other 
    organizations.
    
    4. Paperwork Reduction Act
    
        This amendment imposes no changes to the information collection and 
    recordkeeping requirements contained in the June 12, 1989 final rule, 
    which were approved by the Office of Management and Budget (OMB) under 
    the provisions of 44 U.S.C. chapter 35 and assigned control number 
    2137-0014.
    
    5. Regulation Identifier Number (RIN)
    
        A regulation identifier number (RIN) is assigned to each regulatory 
    action listed in the Unified Agenda of Federal Regulations. The 
    Regulatory Information Service Center publishes the Unified Agenda in 
    April and October of each year. The RIN number contained in the heading 
    of this document can be used to cross-reference this action with the 
    Unified Agenda.
    
    List of Subjects
    
    49 CFR Part 173
    
        Hazardous materials transportation, Packaging and containers, 
    Radioactive materials, Reporting and recordkeeping requirements, 
    Uranium.
    
    49 CFR Part 178
    
        Hazardous materials transportation, Motor vehicles safety, 
    Packaging and containers, Reporting and recordkeeping requirements.
    
    49 CFR Part 180
    
        Hazardous materials transportation, Motor carriers, Motor vehicle 
    safety, Packaging and containers, Reporting and recordkeeping 
    requirements.
    
        In consideration of the foregoing, title 49, chapter I of the Code 
    of Federal Regulations, is amended as set forth below:
    
    PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
    PACKAGINGS
    
        1. The authority citation for part 173 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127, 49 CFR 1.53.
    
        2. In Sec. 173.23, a new paragraph (f) is added to read as follows:
    
    
    Sec. 173.23  Previously authorized packaging.
    
    * * * * * [[Page 17401]] 
        (f) An MC 331 cargo tank motor vehicle must conform to structural 
    integrity requirements in Sec. 178.337-3 or to corresponding 
    requirements in effect at the time of manufacture.
    
    PART 178--SPECIFICATIONS FOR PACKAGINGS
    
        3. The authority citation for part 178 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127, 49 CFR 1.53.
    
        4. In Sec. 178.337-3, paragraph (c) is revised to read as follows:
    
    
    Sec. 178.337-3  Structural integrity.
    
    * * * * *
        (c) Shell design. Shell stresses resulting from static or dynamic 
    loadings, or combinations thereof, are not uniform throughout the cargo 
    tank motor vehicle. The vertical, longitudinal, and lateral normal 
    operating loadings can occur simultaneously and must be combined. The 
    vertical, longitudinal and lateral extreme dynamic loadings occur 
    separately and need not be combined.
        (1) Normal operating loadings. The following procedure addresses 
    stress in the tank shell resulting from normal operating loadings. The 
    effective stress (the maximum principal stress at any point) must be 
    determined by the following formula:
    
        S = 0.5(Sy + Sx)  [0.25(Sy - 
    Sx)2 + Ss2]0.5
    
    Where:
    
    (i) S = effective stress at any given point under the combination of 
    static and normal operating loadings that can occur at the same time, 
    in psi.
    (ii) Sy = circumferential stress generated by the MAWP and 
    external pressure, when applicable, plus static head, in psi.
    (iii) Sx = The following net longitudinal stress generated by the 
    following static and normal operating loading conditions, in psi:
    
        (A) The longitudinal stresses resulting from the MAWP and external 
    pressure, when applicable, plus static head, in combination with the 
    bending stress generated by the static weight of the fully loaded cargo 
    tank, all structural elements, equipment and appurtenances supported by 
    the cargo tank wall;
        (B) The tensile or compressive stress resulting from normal 
    operating longitudinal acceleration or deceleration. In each case, the 
    forces applied must be 0.35 times the vertical reaction at the 
    suspension assembly, applied at the road surface, and as transmitted to 
    the cargo tank wall through the suspension assembly of a trailer during 
    deceleration; or the horizontal pivot of the truck tractor or converter 
    dolly fifth wheel, or the drawbar hinge on the fixed dolly during 
    acceleration; or anchoring and support members of a truck during 
    acceleration and deceleration, as applicable. The vertical reaction 
    must be calculated based on the static weight of the fully loaded cargo 
    tank, all structural elements, equipment and appurtenances supported by 
    the cargo tank wall. The following loadings must be included:
        (1) The axial load generated by a decelerative force;
        (2) The bending moment generated by a decelerative force;
        (3) The axial load generated by an accelerative force; and
        (4) The bending moment generated by an accelerative force; and
        (C) The tensile or compressive stress generated by the bending 
    moment resulting from normal operating vertical accelerative force 
    equal to 0.35 times the vertical reaction at the suspension assembly of 
    a trailer; or the horizontal pivot of the upper coupler (fifth wheel) 
    or turntable; or anchoring and support members of a truck, as 
    applicable. The vertical reaction must be calculated based on the 
    static weight of the fully loaded cargo tank, all structural elements, 
    equipment and appurtenances supported by the cargo tank wall.
    
    (iv) Ss = The following shear stresses generated by the following 
    static and normal operating loading conditions, in psi:
    
        (A) The static shear stress resulting from the vertical reaction at 
    the suspension assembly of a trailer, and the horizontal pivot of the 
    upper coupler (fifth wheel) or turntable; or anchoring and support 
    members of a truck, as applicable. The vertical reaction must be 
    calculated based on the static weight of the fully loaded cargo tank, 
    all structural elements, equipment and appurtenances supported by the 
    cargo tank wall;
        (B) The vertical shear stress generated by a normal operating 
    accelerative force equal to 0.35 times the vertical reaction at the 
    suspension assembly of a trailer; or the horizontal pivot of the upper 
    coupler (fifth wheel) or turntable; or anchoring and support members of 
    a truck, as applicable. The vertical reaction must be calculated based 
    on the static weight of the fully loaded cargo tank, all structural 
    elements, equipment and appurtenances supported by the cargo tank wall;
        (C) The lateral shear stress generated by a normal operating 
    lateral accelerative force equal to 0.2 times the vertical reaction at 
    each suspension assembly of a trailer, applied at the road surface, and 
    as transmitted to the cargo tank wall through the suspension assembly 
    of a trailer, and the horizontal pivot of the upper coupler (fifth 
    wheel) or turntable; or anchoring and support members of a truck, as 
    applicable. The vertical reaction must be calculated based on the 
    static weight of the fully loaded cargo tank, all structural elements, 
    equipment and appurtenances supported by the cargo tank wall; and
        (D) The torsional shear stress generated by the same lateral forces 
    as described in paragraph (c)(1)(iv)(C) of this section.
        (2) Extreme dynamic loadings. The following procedure addresses 
    stress in the tank shell resulting from extreme dynamic loadings. The 
    effective stress (the maximum principal stress at any point) must be 
    determined by the following formula:
    
    S = 0.5(Sy + Sx)  [0.25(Sy - Sx)2 
    + Ss2]0.5
    
    Where:
    
    (i) S = effective stress at any given point under a combination of 
    static and extreme dynamic loadings that can occur at the same time, in 
    psi.
    (ii) Sy = circumferential stress generated by MAWP and external 
    pressure, when applicable, plus static head, in psi.
    (iii) Sx = the following net longitudinal stress generated by the 
    following static and extreme dynamic loading conditions, in psi:
    
        (A) The longitudinal stresses resulting from the MAWP and external 
    pressure, when applicable, plus static head, in combination with the 
    bending stress generated by the static weight of the fully loaded cargo 
    tank, all structural elements, equipment and appurtenances supported by 
    the tank wall;
        (B) The tensile or compressive stress resulting from extreme 
    longitudinal acceleration or deceleration. In each case the forces 
    applied must be 0.7 times the vertical reaction at the suspension 
    assembly, applied at the road surface, and as transmitted to the cargo 
    tank wall through the suspension assembly of a trailer during 
    deceleration; or the horizontal pivot of the truck tractor or converter 
    dolly fifth wheel, or the drawbar hinge on the fixed dolly during 
    acceleration; or the anchoring and support members of a truck during 
    acceleration and deceleration, as applicable. The vertical reaction 
    must be calculated based on the static weight of the fully loaded cargo 
    tank, all structural elements, equipment and appurtenances supported by 
    the cargo tank wall. The following loadings must be included: 
    [[Page 17402]] 
        (1) The axial load generated by a decelerative force;
        (2) The bending moment generated by a decelerative force;
        (3) The axial load generated by an accelerative force; and
        (4) The bending moment generated by an accelerative force; and
        (C) The tensile or compressive stress generated by the bending 
    moment resulting from an extreme vertical accelerative force equal to 
    0.7 times the vertical reaction at the suspension assembly of a 
    trailer, and the horizontal pivot of the upper coupler (fifth wheel) or 
    turntable; or the anchoring and support members of a truck, as 
    applicable. The vertical reaction must be calculated based on the 
    static weight of the fully loaded cargo tank, all structural elements, 
    equipment and appurtenances supported by the cargo tank wall.
    
    (iv) Ss = The following shear stresses generated by static and 
    extreme dynamic loading conditions, in psi:
    
        (A) The static shear stress resulting from the vertical reaction at 
    the suspension assembly of a trailer, and the horizontal pivot of the 
    upper coupler (fifth wheel) or turntable; or anchoring and support 
    members of a truck, as applicable. The vertical reaction must be 
    calculated based on the static weight of the fully loaded cargo tank, 
    all structural elements, equipment and appurtenances supported by the 
    cargo tank wall;
        (B) The vertical shear stress generated by an extreme vertical 
    accelerative force equal to 0.7 times the vertical reaction at the 
    suspension assembly of a trailer, and the horizontal pivot of the upper 
    coupler (fifth wheel) or turntable; or anchoring and support members of 
    a truck, as applicable. The vertical reaction must be calculated based 
    on the static weight of the fully loaded cargo tank, all structural 
    elements, equipment and appurtenances supported by the cargo tank wall;
        (C) The lateral shear stress generated by an extreme lateral 
    accelerative force equal to 0.4 times the vertical reaction at the 
    suspension assembly of a trailer, applied at the road surface, and as 
    transmitted to the cargo tank wall through the suspension assembly of a 
    trailer, and the horizontal pivot of the upper coupler (fifth wheel) or 
    turntable; or anchoring and support members of a truck, as applicable. 
    The vertical reaction must be calculated based on the static weight of 
    the fully loaded cargo tank, all structural elements, equipment and 
    appurtenances supported by the cargo tank wall; and
        (D) The torsional shear stress generated by the same lateral forces 
    as described in paragraph (c)(2)(iv)(C) of this section.
    * * * * *
    
    
    Sec. 178.338-11  [Amended]
    
        5. In Sec. 178.338-11, in paragraph (c) introductory text, in the 
    first sentence, the wording ``remotely controlled internal self-closing 
    stop valve'' is revised to read ``remotely controlled self-closing 
    shut-off valve''.
    
    
    Sec. 178.345-3  [Amended]
    
        6. In Sec. 178.345-3, in paragraphs (c)(1)(iii)(B) and 
    (c)(2)(iii)(B), in the second sentence, the wording ``horizontal pivot 
    of the tractor'' is revised to read ``horizontal pivot of the truck 
    tractor''.
    
    
    Sec. 178.345-14  [Amended]
    
        7. In Sec. 178.345-14, in paragraph (b)(3), the wording ``Tank 
    (MAWP)'' is revised to read ``Tank maximum allowable working pressure 
    (MAWP)''.
    
    PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
    
        8. The authority citation for part 180 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127, 49 CFR 1.53.
    
        9. In Sec. 180.403, the introductory text in the definition for 
    ``modification'' is revised to read as follows:
    
    
    Sec. 180.403  Definitions.
    
    * * * * *
        Modification means any change to the original design and 
    construction of a cargo tank or a cargo tank motor vehicle which 
    affects its structural integrity or lading retention capability. Any 
    modification which involves welding on the cargo tank wall also must 
    meet all requirements for ``Repair'' as defined in this section. * * *
    * * * * *
    
    
    Sec. 180.405  [Amended]
    
        10. In Sec. 180.407, in paragraph (h)(2), in the second sentence, 
    the reference ``40 CFR 60.501 and 60.601'' is revised to read ``40 CFR 
    60.501''.
        11. In Sec. 180.407, paragraphs (d)(1)(i) and (ii) are revised to 
    read as follows:
    
    
    Sec. 180.407  Requirements for test and inspection of specification 
    cargo tanks.
    
    * * * * *
        (d) * * *
        (1) * * *
        (i) Visual inspection is precluded by internal lining or coating, 
    or
        (ii) The cargo tank is not equipped with a manhole or inspection 
    opening.
    * * * * *
    
    
    Sec. 180.407  [Amended]
    
        11a. In addition, in Sec. 180.407, in the table in paragraph (c), 
    under the subheading ``Thickness Test'' in the first column, the 
    wording ``in corrosive service, except'' is revised to read 
    ``transporting material corrosive to the tank, except''.
        12. In Sec. 180.413, paragraphs (b)(6), ((d)(3) introductory text 
    and (d)(10) are revised, and a new paragraph (d)(3)(v) is added to read 
    as follows:
    
    
    Sec. 180.413  Repair, modification, stretching, or rebarrelling of 
    cargo tanks.
    
    * * * * *
        (b) * * *
        (6) The suitability of any repair affecting the structural 
    integrity of the cargo tank must be determined by the testing required 
    either in the applicable manufacturing specification, or in 
    Sec. 180.407(g)(1)(iv).
    * * * * *
        (d) * * *
        (3) Except as provided in paragraph (d)(3)(v) in this section, all 
    new material and equipment, and equipment affected by modification, 
    stretching or rebarrelling must meet the requirements of the 
    specification in effect at the time such work is performed, and must 
    meet the applicable structural integrity requirements (Secs. 178.337-3, 
    178.338-3, or 178.345-3 of this subchapter). The work must conform to 
    the requirements of the applicable specification as follows:
    * * * * *
        (v) For Specification MC 338 cargo tanks, the provisions of 
    specification MC 338. However, structural modifications to MC 338 cargo 
    tanks authorized under Sec. 180.405(d) may conform to applicable 
    provisions of the ASME Code instead of specification MC 338, provided 
    the structural integrity of the modified cargo tank is at least 
    equivalent to that of the original cargo tank.
    * * * * *
        (10) The suitability of any modification affecting the structural 
    integrity of the cargo tank, with respect to pressure, must be 
    determined by the testing required either in the applicable 
    manufacturing specification, or in Sec. 180.407(g)(1)(iv).
    * * * * *
    
    
    Sec. 180.413  [Amended]
    
        13. In addition, in Sec. 180.413, the following changes are made:
        a. In paragraph (d)(3)(iii), at the end of the paragraph, the word 
    ``and'' is removed.
        b. In paragraph (d)(3)(iv), at the end of the paragraph, the period 
    is removed and ``; and'' is added in its place.
    
        [[Page 17403]] Issued in Washington, DC on March 30, 1995, under 
    authority delegated in 49 CFR Part 1.
    Ana Sol Gutierrez,
    Deputy Administrator, Research and Special Programs Administration.
    [FR Doc. 95-8349 Filed 4-4-95; 8:45 am]
    BILLING CODE 4910-60-P
    
    

Document Information

Effective Date:
5/22/1995
Published:
04/05/1995
Department:
Research and Special Programs Administration
Entry Type:
Rule
Action:
Final rule; response to petitions for reconsideration.
Document Number:
95-8349
Dates:
Effective: May 22, 1995.
Pages:
17398-17403 (6 pages)
Docket Numbers:
Docket No. HM-183C, Amdt. Nos. 173-240, 178-105 and 180-7
RINs:
2137-AC37
PDF File:
95-8349.pdf
CFR: (10)
49 CFR 180.407(g)(1)(iv)
49 CFR 173.23
49 CFR 180.403
49 CFR 180.405
49 CFR 180.407
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