[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Pages 57943-57948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28626]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 93-02; Notice 12]
RIN 2127-AF14
Federal Motor Vehicle Safety Standards; Fuel System Integrity of
Compressed Natural Gas Vehicles; Compressed Natural Gas Fuel Container
Integrity
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This document amends Standard No. 303, Fuel System Integrity
of Compressed Natural Gas Vehicles, and Standard No. 304, Compressed
Natural Gas Fuel Container Integrity. It allows any appropriate fuel to
be used for the bonfire test for compressed natural gas (CNG)
containers and adds new labeling requirements for CNG vehicles and
containers. This document also announces and explains the agency's
decision to terminate rulemaking about additional performance
requirements for CNG containers that the agency had proposed.
Rulemaking may be resumed once revisions to the current voluntary
industry standard for CNG containers are completed.
DATES: Effective date: The amendments in this document become effective
September 1, 1996.
Petitions for reconsideration: Any petition for reconsideration of
this rule must be received by NHTSA no later than December 26, 1995.
ADDRESSES: Petitions for reconsideration of this rule should refer to
the above mentioned docket number and be submitted to: Administrator,
National Highway Traffic Safety Administration, 400 Seventh Street,
S.W., Washington, D.C. 20590.
FOR FURTHER INFORMATION CONTACT: For non legal issues: Mr. Gary R.
Woodford, NRM-01.01, Special Projects Staff, National Highway Traffic
Safety Administration, 400 Seventh Street, SW., Washington, D.C. 20590
(Telephone 202-366-4931 or FAX # 202-366-4329).
For legal issues: Mr. Marvin L. Shaw, NCC-20, Rulemaking Division,
Office of Chief Counsel, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202-
366-2992).
SUPPLEMENTARY INFORMATION:
I. Previous Agency Rulemakings
II. Comments to SNPRM
III. Agency Decision to Adopt Additional Labeling Requirements
A. Overview of Labeling Amendments
B. Vehicle Labeling
C. Container Labeling
1. Labeling Information
2. Labeling Character Size
3. Labeling Location
4. Other Container Label Issues
IV. Agency Decision to Amend the Bonfire Test
V. Agency Decision to Terminate Rulemaking to Adopt Additional
Performance Requirements
VI. Other Container Issues
A. Reports by Manufacturers
B. Aluminum Containers
VII. Rulemaking Analysis and Notices
I. Previous Agency Rulemakings
NHTSA has recently established two Federal motor vehicle safety
standards (FMVSSs) that affect motor vehicles fueled by compressed
natural gas (CNG). On April 25, 1994, the agency published a final rule
establishing Standard No. 303, Fuel System Integrity of Compressed
Natural Gas Vehicles, which specifies tests and performance
requirements for the fuel system of vehicles fueled by CNG. (59 FR
19648) On September 26, 1994, the agency published a final rule
establishing Standard No. 304, Compressed Natural Gas Fuel Container
Integrity, which specifies tests and performance requirements
applicable to a CNG fuel container's durability, strength, and pressure
relief. (59 FR 49010) The September 1994 final rule also specifies
labeling requirements for CNG fuel containers. The CNG container
requirements are based on specifications in ANSI/NGV2, a voluntary
industry standard addressing CNG fuel containers which was adopted by
the American National Standards Institute (ANSI). 1
\1\ NGV2 was developed by an industry working group that
included container manufacturers, CNG users, and utilities.
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ANSI/NGV2 specifies four types of container designs. A Type 1
container is a metallic noncomposite container. A Type 2 container is a
metallic liner over which an overwrap such as carbon fiber or
fiberglass is applied in a hoop wrapped pattern over the liner's
cylinder wall. A Type 3 container is a metallic liner over which an
overwrap, such as carbon fiber or fiberglass, is applied in a full
wrapped pattern over the entire liner, including the domes. A Type 4
container is a non-metallic liner over which an overwrap, such as
carbon fiber or fiberglass, is applied in a full wrapped pattern over
the entire liner, including the domes.
On December 19, 1994, NHTSA published a supplemental notice of
proposed rulemaking (SNPRM) to propose new labeling requirements
applicable to CNG vehicles and additional ones for CNG containers. (59
FR 65299) Along with a proposal to modify the bonfire test which
evaluates pressure relief, the agency also proposed additional
performance requirements and tests to evaluate a CNG container's
structural integrity. Among the proposed tests were environmental
cycling tests, a low temperature impact test, a gunfire test, a flaw
tolerance test, a pendulum impact test, and a drop test. Each of the
proposed performance requirements and test procedures were modeled
after provisions in ANSI/NGV2 or are similar to those requirements. The
agency tentatively concluded that modeling the Federal standard after
ANSI/NGV2 would be the best available way to regulate how a CNG
container reacts to such conditions as corrosive substances,
temperature extremes, external damage, and high energy impact.
II. Comments on the SNPRM
Fourteen commenters responded to the December 1994 SNPRM. The
commenters included vehicle manufacturers (Ford and Navistar); CNG
container manufacturers (EDO, Brunswick, Structural Composites
Industries (SCI) and NGV Systems); trade associations interested in
alternative fueled vehicles (the American Automobile Manufacturers
Association (AAMA), the American Gas Association/Natural Gas Vehicle
Coalition (AGA/NGVC) and the Compressed Gas Association (CGA)); and
other organizations including Washington Gas, Taylor-Wharton Gas
Equipment Division (Taylor-Wharton), Minnegasco, Toho Carbon Fibers,
Inc. (Toho) and Futuretech Consultants (Futuretech).
The commenters generally had reservations about adopting the
performance requirements since the CNG industry is currently revising
ANSI/NGV2. They urged that the agency wait until the industry completes
its revision. In addition, the commenters generally supported the
specific labeling requirements but had reservations about various
aspects of the proposed performance requirements.
[[Page 57944]]
III. Agency Decision To Adopt Additional Labeling Requirements
A. Overview of Labeling Requirements
NHTSA has decided to amend FMVSS No. 303 and FMVSS No. 304 with
respect to labeling CNG vehicles and containers. With respect to CNG
vehicles, the agency has decided to require such vehicles to be labeled
with information about the CNG container's service pressure and a
statement about container inspection and service life. With respect to
CNG containers, the agency has decided to require such containers to be
labeled with the container type (e.g., Type 2), the statement ``CNG
only,'' information about container inspection, and container service
life.
B. Vehicle Labeling
The April 1994 CNG vehicle final rule did not specify requirements
for the labeling of CNG fueled vehicles. In the SNPRM, the agency
proposed to amend FMVSS No. 303 to include two items of information:
S5.3.1 The statement: ``Maximum service pressure ____________ kPa
(____________ psig).''
S5.3.2 The statement ``See instructions on fuel container for
inspection and service life.''
The agency believed that the first item of information would help
assure that CNG containers are not overfilled during refueling. The
second item's purpose is to assure that vehicle owners and operators
are informed about container inspection. In addition, the agency
proposed that, for vehicles manufactured or converted prior to the
first sale to the consumer, the manufacturer provide this information
in writing to the consumer, either in the owner's manual or in a one
page statement. The agency requested comments about the need for
vehicle labeling and written information bearing this and other
information.
AAMA, AGA/NGVC, SCI, Ford, and Minnegasco addressed the issue of
vehicle labeling. AAMA, AGA/NGVC and SCI supported the proposed
requirements. Ford's comments are somewhat contradictory in that it
supports and participated in the preparation of AAMA's comments, but
stated that it believes rulemaking on FMVSS No. 303 and FMVSS No. 304
is premature at this time since NGV2 is currently being upgraded.
NHTSA has decided to amend FMVSS No. 303 to include the vehicle
labeling requirements that were proposed in the SNPRM for the reasons
set forth in that document. The only exception is that instead of
specifying ``maximum service pressure'' on the label, ``service
pressure'' will be specified. This is consistent with the CNG container
label. The rationale for this is discussed in section III.C.4 of this
notice. With respect to Ford's comment, the agency notes that it is
delaying rulemaking on the proposed amendments that address CNG
containers. Since AGA/NGVC is revising NGV2 with respect to CNG
containers and not vehicles, the agency believes that it is appropriate
to adopt the amendments about the labeling of CNG vehicles.
C. CNG Containers
1. Labeling Information
In the September 1994 final rule, NHTSA decided to require that a
CNG container manufacturer certify that each of its containers complies
with the equipment requirements by permanently labeling the container
with the following information: (1) The statement that ``If there is a
question about the proper use, installation, or maintenance of this
container, contact [CNG fuel container manufacturer's name, address,
and telephone number]''; (2) the month and year that the container was
manufactured; (3) the maximum service pressure; and (4) the symbol
``DOT'' which certifies that the container complies with all the
standard's requirements. The agency stated that labeling the container
would provide vehicle manufacturers and consumers with assurance that
they are purchasing containers that comply with the Federal safety
standards. In addition, the agency believed that the requirement
facilitates the agency's enforcement efforts by providing a ready means
of identifying the container and its manufacturer. NHTSA further stated
that it planned to propose additional labeling requirements patterned
after ANSI/NGV2. The agency explained that it could not require these
additional items of information at that time, since such information
had not been proposed.
In the SNPRM, NHTSA proposed to amend S7.4 to require CNG
containers to be labeled with the following additional information:
(1) The container designation (Type 1, 2, 3, or 4),
(2) The statement ``CNG ONLY,''
(3) The statement: ``This container should be visually inspected
after a motor vehicle accident or fire and at least every 36 months for
damage and deterioration in accordance with the Compressed Gas
Association (CGA) guidelines C-6 and C-6.1 for Type 1 containers and C-
6.2 for Types 2, 3, and 4 containers.''
(4) The statement: ``Do Not Use After ____________________,''
inserting the year that is the 15th year beginning after the year in
which the container is manufactured.
NHTSA stated that it would be in the interest of motor vehicle
safety to add this information to the CNG container label. The agency
requested comments about the need for each of these proposed items of
information and alternative ways to specify this information.
NHTSA stated in the SNPRM that adding information about container
type, e.g., Type 1, 2, 3 or 4, would be consistent with the agency's
decision to adopt NGV2's manufacturing and material specifications in
the CNG final rule. For instance, such information would facilitate
oversight of compliance tests, since each type of container is required
to undergo a hydrostatic burst test at a safety factor that varies
according to container type.
NHTSA has decided to require that CNG containers be labeled with
this information, for the reasons set forth in the SNPRM. The agency
received no comments addressing whether CNG containers should be
labeled with information about the container type.
NHTSA stated in the SNPRM that adding the phrase ``CNG ONLY'' would
assure that CNG containers are used only for CNG and are not used for
other fuels for which the containers were not designed, such as
liquefied petroleum gas (LPG).
NHTSA has decided to require that CNG containers be labeled with
this information, for the reasons set forth in the SNPRM. The agency
received no comments addressing whether CNG containers should be
labeled with the phrase ``CNG Only.''
NHTSA stated in the SNPRM that adding information about conducting
periodic inspections in accordance with CGA pamphlets would help assure
the safe use of CNG containers. The agency noted that the proposed
requirement is consistent with ANSI/NGV2's guidelines for visual
inspection of CNG containers after an accident or every 36 months.
NHTSA sought comments about what the most appropriate interval would be
and whether both a time interval and a mileage inspection interval
should be specified.
CGA, SCI, and Brunswick addressed the specific pamphlets referenced
in the proposed labeling requirement. CGA and SCI stated that CGA
pamphlet C-6.2 does not address Type 4 containers. CGA and SCI also
stated that the agency should refer to pamphlet C-6.4, which
[[Page 57945]]
is being developed by the industry and is expected to address Type 2,
3, and 4 containers. Brunswick indicated that the agency should
reevaluate the referenced CGA pamphlets, since they relate to CNG
containers used in transport rather than CNG containers used to fuel
motor vehicles.
NHTSA has decided to adopt a reference to the CGA C-6, C-6.1, and
C-6.2 cylinder publications. The agency believes that the final rule
must reference inspection information about the in-use safety of CNG
containers. The agency believes that the current CGA pamphlets provide
valuable inspection information to help assure fuel container safety
for Type 1, 2, and 3 containers.2 However, since the current CGA
pamphlets do not apply to Type 4 containers, the agency believes that
the label should not reference Type 4 containers. A representative of
CGA has informed the agency that pamphlet C-6.4 should be completed
this year. When that pamphlet is completed, the agency plans to propose
modifying the standard to reference it.
\2\ With respect to Brunswick's comment, NHTSA acknowledges that
there is a difference between CNG containers used in transport and
those used to fuel motor vehicles. Nevertheless, the agency believes
that there are enough important similarities between the types of
containers to warrant providing this safety information.
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Ford and Navistar addressed the issue of inspection interval. Ford
recommended that the inspection statement include both time and mileage
intervals, but did not specify the intervals. Navistar supported a
regular container inspection interval of one year for exterior damage
as well as inspection after an accident. In addition to visual
inspection, Navistar recommended that each container undergo acoustic
emission inspection and that containers not be removed from the vehicle
or be over-pressurized, since these are actions that can reduce a
container's life. Navistar did not state whether labeling should be
required to indicate that an acoustic emission inspection should be
done. Navistar also suggested that the Federal Highway Administration
(FHWA) require periodic inspection of CNG fuel containers used for
commercial vehicles.
NHTSA agrees with Navistar's recommendation to specify a one year
inspection interval. A one year time interval reduces the possibility
that damage caused by external factors would go undetected, a situation
that could lead to container failure. This time interval is also
consistent with the Natural Gas Vehicle Coalition's document titled
``Natural Gas Vehicle Inspection Program,'' (1994), which recommended a
visual container inspection interval of one year. NHTSA also agrees
with Ford's recommendation that the inspection interval include both a
time and a mileage component because apart from time, mileage exposure
could be a factor in leading to premature container failure due to
exterior damage. A 12 month or 12,000 mile interval is consistent with
the recommended interval for many motor vehicle warranties and routine
maintenance items. Based on the above considerations, the agency has
decided to require that the container label specify inspection
intervals of 12 months or 12,000 miles.
NHTSA believes that it would be inappropriate now to require the
label to address acoustic emission testing. Such testing is still in
its development phase. In response to Navistar's suggestion to have the
FHWA inspect CNG containers on commercial vehicles, NHTSA has forwarded
these comments to FHWA which will evaluate the merits of this
recommendation.
Minnegasco stated that while providing information about the
appropriate time interval for inspection is necessary, ``properly using
this information is non-enforceable or impractical'' for several
reasons. It stated that preventive maintenance is not performed on most
public vehicles. It also stated that this requirement assumes that the
tanks are installed so that everyone has access to copies of and
understands the visual inspection criteria in the referenced CGA
documents and that the failure modes can be visually detected before
failure.
NHTSA agrees with Minnegasco that a time interval for inspection is
necessary, since it informs vehicle owners and operators about
important safety information on container inspection. While
Minnegasco's concerns may be justified in the case of some vehicle
owners, many others will benefit from this information. Accordingly,
the agency has decided to require the label to contain information
about inspections.
NHTSA proposed requiring information about the container's service
life in the belief that the vehicle owner should remove a CNG container
from service after its design service life expires. As commenters on
the NPRM stated, this is especially important since there is a finite
period during which CNG containers can be used safely. The agency
proposed 15 years because CNG containers built to follow ANSI/NGV2 have
a design service life of 15 years. Nevertheless, the agency stated that
it would allow a manufacturer to specify the service life length
appropriate to its particular containers, since containers may be built
for a service life other than 15 years.
SCI, Brunswick, and AAMA commented about labeling a container with
information about its service life. SCI and Brunswick recommended that
the expiration month as well as the year be included in this statement.
Brunswick stated that the revised ANSI/NGV2 document is proposing that
containers be designed for a 20 year life. AAMA suggested that
additional enforcement steps may be needed for users least likely to
heed inspection and service life requirements, such as making vehicle
registration contingent upon container inspection.
NHTSA has decided that the CNG container label should include the
following statements about service life:
S7.4(h) The statement: ``Do Not Use After ______/______,''
inserting the month and year to reflect the end of the
manufacturer's recommended service life for the container.
This requirement is consistent with the request by SCI and Brunswick to
include the expiration month and year on the label. This will enhance
vehicle safety by further increasing the likelihood that containers do
not remain in service beyond their useful life. NHTSA has decided not
to adopt the SNPRM's proposal to specify a service life of 15 years.
Instead, the length of a container's recommended service life will be
left to the container manufacturer's discretion.
As for AAMA's comment on vehicle registration, NHTSA does not have
jurisdiction over this matter, which is a State function. If the AAMA
wishes to pursue this matter, it should contact appropriate State
authorities.
2. Label Character Size
The SNPRM proposed that the characters on the container label be at
least 12.7 mm (\1/2\ inch) in height. This is the same as the lettering
height that had been specified in the final rule establishing FMVSS No.
304 container label requirements.
AAMA, Ford, CGA, SCI, and Brunswick commented that the proposed
lettering height is too large and recommended a smaller size. They were
concerned that the \1/2\ inch minimum character height requirement
would result in unreasonably large labels that may wrap around small
diameter containers. Commenters recommended lettering heights of \3/16\
inch, \1/4\ inch, and 3 to 6 mm. Brunswick recommended that the label
statements ``CNG Only'' and ``Do Not Use After ________'' should be in
\1/2\ inch
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characters but the other label statements should be smaller.
NHTSA recently addressed the issue of letter height in its notice
responding to petitions for reconsideration of the label statement
requirements in the final rule establishing FMVSS No. 304. (60 FR
37836; July 24, 1995) Several petitioners had requested that the label
letter height of 12.7 mm (\1/2\ inch) be reduced. In the July 1995
notice, the agency decided to reduce the lettering height to 6.35 mm
(\1/4\ inch), which is more consistent with the label letter height
recommended by commenters to the SNPRM. Since the agency continues to
believe that this lettering size is appropriate, the agency has decided
not to change the decision announced in the July 1995 notice which will
help prevent oversized labels. The agency sees no reason to follow
Brunswick's recommendation to highlight certain lettering with letters
of larger size. Brunswick provided no rationale. The agency believes
that none of the label information is of significantly greater
importance than the other information.
3. Label Location
In the SNPRM, NHTSA proposed that the container label be located
within 30.5 cm (12 inches) of the end of the container containing the
fuel outlet valve.
SCI recommended that the location of the label on the container be
left up to the container and vehicle manufacturer's discretion, or if
this is not acceptable, that the label be centered on the longitudinal
axis of the container where it would be least likely to be obscured by
container mounting hardware. SCI stated that a label that is mounted
within 12 inches of the outlet valve will most likely be obscured by
container mounting hardware, or be on the curved section of long
containers where mounting could be difficult. SCI also recommended that
a duplicate label be located 180 degrees around the container to ensure
one of the labels would be visible regardless of container orientation.
NHTSA has decided not to adopt the requirement in the SNPRM
regarding container label location so as to allow container
manufacturers to mount the labels in the location where they will be
most likely to be visible. The agency believes that in most cases,
container manufacturers will be familiar with the configurations in
which their containers are installed and will therefore be able to best
determine the location on their containers that will provide the best
visibility when mounted on vehicles. In addition, manufacturers have
the option to follow SCI's suggestion of placing a duplicate label on
the opposite side of the container to improve its visibility. Allowing
the manufacturer to choose the mounting location should avoid
compelling the mounting of labels on a section of the container where
permanent mounting of the label could be difficult because the
container's radius is changing along the longitudinal axis. NHTSA
encourages CNG vehicle manufacturers and fuel system installers to
mount CNG containers in such a manner that the label is plainly visible
without having to remove it from the vehicle.
4. Other Container Label Issues
The SNPRM stated that each CNG fuel container would be required to
be ``permanently'' labeled. Also, the label would be required to
include the ``DOT'' symbol, which would constitute a certification by
the container manufacturer that the container complies with all
requirements of this standard.
SCI requested that the term ``permanent,'' as associated with fuel
container labeling, be defined. SCI further stated that the ``DOT''
symbol without additional information is not meaningful, and suggested
that the symbol be expanded to include the Standard number and the
month and year of the Standard's effective date.
SCI, Ford, and Brunswick also commented that the word ``maximum''
in the FMVSS 304 label requirement for ``maximum service pressure''
could be confusing to vehicle operators since it is not commonly used
in the industry, and urged that it be eliminated. The ANSI/NGV2
standard requires that the label include ``service pressure'' without
the word ``maximum.''
NHTSA notes that each of these issues were also raised in the
petitions for reconsideration to the final rule establishing FMVSS No.
304 and were addressed in the agency's recently published notice
responding to the petitions. With respect to permanency, NHTSA
explained in the notice that this term is intended to mean that ``the
label should remain in place and be legible for the manufacturer's
recommended life of the container.'' With respect to references to
``maximum service pressure,'' the agency decided to specify ``service
pressure'' on the container label to reduce confusion. With respect to
the ``DOT'' symbol, the agency decided not to expand the symbol. This
decision is consistent with the symbol's use in other Federal motor
vehicle safety standards for items of motor vehicle equipment. The
reader should refer to that notice for a complete discussion of these
issues.
In commenting on ``maximum service pressure,'' Brunswick stated
that the industry standard for units of pressure measurement is ``bar''
rather than ``kPa'' with ``psig'' as the alternate. FMVSS 304 currently
specifies service pressure in units of kPa (psig).
NHTSA notes that ``kPa'' rather than ``bar'' is specified in FMVSS
No. 304 because the agency has decided to use kPa for the metric fluid
pressure measurement unit in all its safety regulations. Manufacturers
are free to add the term ``bar'' if they so desire.
IV. Agency Decision To Amend the Bonfire Test
In the September 1994 final rule, NHTSA decided to specify that No.
2 diesel fuel be used to generate the fire in the bonfire test. As an
interim measure, the agency specified No. 2 diesel fuel, despite
knowledge that there are environmental problems associated with this
type of fuel. The agency stated that it would study whether other fuels
could be used for the bonfire test.
In the SNPRM, NHTSA decided to propose amending the bonfire test
conditions to allow alternative types of fuel. Specifically, the agency
proposed that the bonfire test could be conducted with any fuel that
generates a flame temperature equivalent to that of No. 2 diesel fuel
(i.e., any fuel that generates a flame temperature of 850 to 900
degrees C). NHTSA requested comments about the appropriateness of using
flame temperature to define equivalence among fuel types.
Commenters addressing the issue of bonfire fuel generally supported
the proposal. EDO and Brunswick favored allowing any fuel as long as
the specified temperature is maintained. Ford commented that the
proposal was appropriate, provided that the flame characteristics of
different fuels are similar. AGA/NGVC also supported the proposal.
NHTSA has decided to amend section S8.3.6 to allow the bonfire test
to be generated by any fuel that generates a flame temperature between
850 and 900 degrees C for the duration of the test. As discussed in the
SNPRM, this modification will provide greater flexibility to those
conducting the bonfire test. Moreover, it will eliminate the provision
requiring the use of a fuel that poses significant environmental
problems.
V. Agency's Decision To Terminate Rulemaking To Adopt Additional
Performance Requirements
Most commenters requested that the agency delay adopting additional
performance requirements for CNG
[[Page 57947]]
containers until the industry completes revisions to its current
voluntary standard for CNG containers, i.e., ANSI/NGV2, August 1992.
The industry is revising and upgrading this standard in an effort to
make it more performance based and to harmonize it with the Canadian
Standards Association (CSA) standard for CNG fuel containers, B51--Part
2. The revisions are also intended to address additional safety
concerns, particularly the failure of two CNG containers on General
Motors pickup trucks which occurred in 1994. The commenters stated that
these revisions, which will result in significant changes to the
current industry standard, are expected to be completed this year.
Similarly, NHTSA received eleven petitions for reconsideration to
the September 1994 final rule requesting that the agency delay further
rulemaking until the industry completes its current revisions to ANSI/
NGV2. The petitioners were Brooklyn Union Gas Company, CGA, Dual Fuel,
Inc., Econogas Fleet Systems, Hercules Aerospace Company, AGA/NGVC,
Public Service Electric and Gas Company, Natural Gas Pipeline Company
of America, Southwest Research Institute, Washington Gas, and The Car
Doctor, Inc.
NHTSA has decided to terminate further rulemaking on CNG container
performance requirements since the agency anticipates that the new
ANSI/NGV2 will be more performance oriented than the existing one on
which the SNPRM was based. In addition, waiting until the industry
completes its revisions will be consistent with international
harmonization since the revisions are expected to make the standard
more consistent with the Canadian standard on CNG containers. Waiting
until the industry completes its revisions is also consistent with the
President's directive on regulatory reform and the agency's efforts to
implement that directive.
Once the industry's revisions are completed, the agency will
evaluate the revisions and then propose their adoption, as appropriate.
The agency believes that in the interim, the safety of CNG containers
will not be significantly compromised by not adopting the additional
performance requirements. Information gathered by the agency during the
development of FMVSS No. 304 indicates that all container manufacturers
that commented on the NPRM were either certifying or building their
containers to meet the provisions of ANSI/NGV2, including those on
which the supplemental performance requirements were based. Further, in
its comments to this SNPRM, AAMA stated that available CNG containers
already meet the ANSI/NGV2 requirements.
VI. Other Container Issues
A. Reports by Manufacturers
SCI requested that the agency add a requirement to FMVSS No. 304
mandating that container manufacturers report to NHTSA accidents
involving their products. SCI stated that this would be similar to the
requirement included in DOT exemptions issued by RSPA. SCI also
requested that the agency explain its enforcement authority.
NHTSA has no authority to require manufacturers to report accidents
involving its products. The agency, through its defect authority, can
investigate such accidents to the fullest detail. In addition, NHTSA
makes available to manufacturers its enforcement procedures for FMVSSs.
B. Aluminum Containers
FMVSS No. 304 requires that CNG containers be manufactured from
materials specified in the standard. Two aluminum alloys are specified
in the standard for fuel containers: 6010 and 6061. The Northwest
Aluminum Company and Luxfer have petitioned the agency to amend the
standard by adding two more aluminums. Northwest requested that alloy
6069 be added to the standard, and Luxfer requested an unspecified
aluminum alloy from the 7000 series be included.
NHTSA has decided to delay rulemaking activities on these petitions
until it can review the soon-to-be completed new version of the
industry standard, ANSI/NGV2. As Luxfer noted in its petition, the new
ANSI/NGV2 requirements for CNG fuel containers will be more performance
oriented than the current version of the standard. It is possible that
the new industry standard will not specify CNG container materials,
thereby allowing manufacturers considerably more flexibility to improve
container designs with respect to cost and performance. The agency
notes that adopting some of the requirements of the new ANSI/NGV2
standard may eliminate the need to add the two new aluminum alloys to
the current version of FMVSS No. 304.
VII. Rulemaking Analyses and Notices
A. Executive Order 12866 (Federal Regulation) and DOT Regulatory
Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking document was not reviewed
under E.O. 12866, ``Regulatory Planning and Review.'' Further, this
action has been determined to be ``nonsignificant'' under the
Department of Transportation's regulatory policies and procedures. The
agency has decided not to prepare a Final Regulatory Evaluation (FRE)
because the impacts of these amendments are so minimal as not to
warrant preparation of a full regulatory evaluation. The amendments
made in today's final rule are requirements related to the labeling of
CNG vehicles and containers, and as such do not result in significant
increases in cost. In the FRE for FMVSS No. 304, the agency stated
``The consumer cost for a label on each CNG fuel container certifying
that the container meets the proposed equipment requirements is
estimated to be in the range of $0.06 to $0.11 per label. This includes
the cost of the label plus labor costs for attachment.'' This continues
to be the case.
B. Regulatory Flexibility Act
NHTSA has also considered the effects of this rulemaking action
under the Regulatory Flexibility Act. Based upon the agency's
evaluation, I certify that this rule will not have a significant
economic impact on a substantial number of small entities. The
amendments will result in only a nominal cost increase resulting from
costs associated with requiring some additional labeling information.
Information available to the agency indicates that businesses
manufacturing CNG fuel containers are not small businesses.
C. Executive Order 12612 (Federalism)
NHTSA has analyzed this rulemaking action in accordance with the
principles and criteria contained in Executive Order 12612. NHTSA has
determined that the rule will not have sufficient Federalism
implications to warrant the preparation of a Federalism Assessment.
D. National Environmental Policy Act
In accordance with the National Environmental Policy Act of 1969,
NHTSA has considered the environmental impacts of this rule. The agency
has determined that this rule will have no adverse impact on the
quality of the human environment. Allowing optional fuels in the
bonfire test provides testing facilities with the ability to use less
environmentally hazardous fuels.
E. Civil Justice Reform
This rulemaking does not have any retroactive effect. Under 49
U.S.C. 30103, whenever a Federal motor
[[Page 57948]]
vehicle safety standard is in effect, a State may not adopt or maintain
a safety standard applicable to the same aspect of performance which is
not identical to the Federal standard, except to the extent that the
State requirement imposes a higher level of performance and applies
only to vehicles procured for the State's use. 49 U.S.C. 30161 sets
forth a procedure for judicial review of final rules establishing,
amending or revoking Federal motor vehicle safety standards. That
section does not require submission of a petition for reconsideration
or other administrative proceedings before parties may file suit in
court.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, Tires.
In consideration of the foregoing, the agency is amending Standard
No. 303; Fuel System Integrity of Compressed Natural Gas Vehicles and
Standard No. 304; Compressed Natural Gas Fuel Container Integrity, Part
571 at Title 49 of the Code of Federal Regulations as follows:
PART 571--[AMENDED]
1. The authority citation for Part 571 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166;
delegation of authority at 49 CFR 1.50.
2. Section 571.303 is amended by adding S5.3, S5.3.1 and S5.3.2 and
S5.4, to read as follows:
Sec. 571.303 Standard No. 303, Fuel System Integrity of Compressed
Natural Gas Vehicles.
* * * * *
S5.3 Each CNG vehicle shall be permanently labeled, near the
vehicle refueling connection, with the information specified in S5.3.1
and S5.3.2 of this section. The information shall be visible to a
person standing next to the vehicle during refueling, in English, and
in letters and numbers that are not less than 4.76 mm (3/16 inch) high.
S5.3.1 The statement: ``Service pressure ____________ kPa
(____________ psig).''
S5.3.2 The statement ``See instructions on fuel container for
inspection and service life.''
S5.4 When a motor vehicle is delivered to the first purchaser for
purposes other than resale, the manufacturer shall provide the
purchaser with a written statement of the information in S5.3.1 and
S5.3.2 in the owner's manual, or, if there is no owner's manual, on a
one-page document. The information shall be in English and in not less
than 10 point type.
* * * * *
3. Section 571.304, is amended by revising S7.4, S8.3.2, S8.3.3,
S8.3.4, S8.3.6, and S8.3.7 to read as follows:
Sec. 571.304 Standard No. 304, Compressed Natural Gas Fuel Container
Integrity.
* * * * *
S7.4. Labeling. Each CNG fuel container shall be permanently
labeled with the information specified in paragraphs (a) through (h) of
this section. Any label affixed to the container in compliance with
this section shall remain in place and be legible for the
manufacturer's recommended service life of the container. The
information shall be in English and in letters and numbers that are at
least 6.35 mm (\1/4\ inch) high.
(a) The statement: ``If there is a question about the proper use,
installation, or maintenance of this container,
contact____________________,'' inserting the CNG fuel container
manufacturer's name, address, and telephone number.
(b) The statement: ``Manufactured in ____________,'' inserting the
month and year of manufacture of the CNG fuel container.
(c) The statement: ``Service pressure ____________ kPa,
(____________psig).''
(d) The symbol DOT, constituting a certification by the CNG
container manufacturer that the container complies with all
requirements of this standard.
(e) The container designation (e.g., Type 1, 2, 3, 4).
(f) The statement: ``CNG Only.''
(g) The statement: ``This container should be visually inspected
after a motor vehicle accident or fire and at least every 12 months or
12,000 miles, whichever comes first, for damage and deterioration in
accordance with the Compressed Gas Association (CGA), Arlington VA,
Guidelines C-6 and C-6.1 for Type 1 containers and C-6.2 for Types 2
and 3 containers.''
(h) The statement: ``Do Not Use After ____________'' inserting the
month and year that mark the end of the manufacturer's recommended
service life for the container.
* * * * *
S8.3.2 The CNG fuel container is positioned so that its
longitudinal axis is horizontal. Attach three thermocouples to measure
temperature on the container's bottom side along a line parallel to the
container longitudinal centerline. Attach one at the midpoint of the
container, and one at each end at the point where the dome end
intersects the container sidewall. Subject the entire length to flame
impingement, except that the flame shall not be allowed to impinge
directly on any pressure relief device. Shield the pressure relief
device with a metal plate.
S8.3.3 If the test container is 165 cm (65 inches) in length or
less, place it in the upright position. Attach three thermocouples to
measure temperature on the container's bottom side along a line which
intersects the container longitudinal centerline. Attach one at the
midpoint of the bottom of the container, and one each at the point
where the dome end intersects the container sidewall. Subject the
container to total fire engulfment in the vertical. The flame shall not
be allowed to impinge directly on any pressure relief device. For
containers equipped with a pressure relief device on one end, the
container is positioned with the relief device on top. For containers
equipped with pressure relief devices on both ends, the bottom pressure
relief device shall be shielded with a metal plate.
S8.3.4 The lowest part of the container is suspended at a distance
above the fire such that the container bottom surface temperatures
specified in S8.3.6 are achieved.
* * * * *
S8.3.6 The fire is generated by any fuel that maintains a flame
temperature between 850 and 900 C for the duration of the test, as
verified by each of the three thermocouples in S8.3.2 or S8.3.3.
* * * * *
S8.3.7 The fuel specified in S8.3.6 is such that there is
sufficient fuel to burn for at least 20 minutes. To ensure that the
sides of the fuel container are exposed to the flame, the surface area
of the fire on a horizontal plane is such that it exceeds the fuel
container projection on a horizontal plane by at least 20 cm (8 inches)
but not more than 50 cm (20 inches).
* * * * *
Issued on: November 16, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-28626 Filed 11-22-95; 8:45 am]
BILLING CODE 4910-59-P
