[Federal Register Volume 64, Number 54 (Monday, March 22, 1999)]
[Proposed Rules]
[Pages 13856-13878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6885]
[[Page 13855]]
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Part II
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
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49 CFR Parts 171, 173, 177, 178, 180
Hazardous Materials; Revision to Regulations Governing Transportation
and Unloading of Liquefied Compressed Gases; Proposed Rule
Federal Register / Vol. 64, No. 54, Monday, March 22, 1999 / Proposed
Rules
[[Page 13856]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 173, 177, 178, 180
[Docket No. RSPA-97-2718 (HM-225A)]
RIN 2137-AD07
Hazardous Materials: Revision to Regulations Governing
Transportation and Unloading of Liquefied Compressed Gases
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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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 rules@rspa.dot.gov.
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
[[Page 13859]]
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) being
metered. The certification must be within the previous 12-month
period to meet the monthly test criteria, or within the past 60 days
for the annual leakage test prescribed in Sec. 180.407(h).
4. Rejection criteria: Any detectable meter creep within the
first five seconds after initial meter stoppage.
(b) Internal Self-Closing Stop Valve Test.
An operator of a cargo tank that is not equipped with a
certified meter may check the internal self-closing stop valve(s)
for leakage as follows:
1. The internal self-closing stop valve must be in the closed
position.
2. All of the material in the downstream piping must be
evacuated, and the piping must be returned to atmospheric
temperature and pressure.
3. The outlet must be monitored for 30 seconds for detectable
leakage.
4. Rejection criteria. Any detectable leakage is considered
unacceptable.
Issued in Washington, DC on March 17, 1999, under authority
delegated in 49 CFR Part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety, Research and
Special Programs Administration.
[FR Doc. 99-6885 Filed 3-17-99; 2:03 pm]
BILLING CODE 4910-60-P
