[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Proposed Rules]
[Pages 29323-29325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14160]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 93-02; Notice 15]
RIN 2127-AF51
Federal Motor Vehicle Safety Standards; Compressed Natural Gas
Fuel Containers
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes deleting the material and manufacturing
process requirements in Standard No. 304, Compressed Natural Gas Fuel
Container Integrity. The proposal is based on the most recent proposed
voluntary industry standard. The agency believes that such an amendment
would facilitate technological innovation, without any detriment to
safety.
DATES: Comments must be received on or before July 14, 1997.
[[Page 29324]]
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted to: Docket Section, National Highway Traffic Safety
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.
Docket hours are 9:30 a.m. to 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
For non-legal issues: Mr. Charles Hott, NPS-12, Office of
Crashworthiness Standards, National Highway Traffic Safety
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590
(Telephone 202-366-0247) (FAX 202-366-4329).
For legal issues: Mr. Marvin L. Shaw, NCC-20, Rulemaking Division,
Office of Chief Counsel, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, D.C. 20590
(Telephone 202-366-2992) (FAX 202-366-3820) (Internet
mshaw@nhtsa.dot.gov)
SUPPLEMENTARY INFORMATION:
I. Final Rule Establishing FMVSS No. 304
On September 26, 1994, NHTSA published a final rule addressing the
safe performance of compressed natural gas (CNG) containers
1 (59 FR 49010). The final rule established a new Federal
motor vehicle safety standard (FMVSS) FMVSS No. 304, Compressed Natural
Gas Fuel Container Integrity. The Standard specifies pressure cycling,
burst, and bonfire tests for the purpose of ensuring the durability,
initial strength, and venting of CNG containers. In addition, the
Standard specifies material and manufacturing process and labeling
requirements for CNG fuel containers. FMVSS No. 304 took effect on
March 27, 1995.
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\1\ When used as a motor fuel, natural gas is stored on-board a
vehicle in cylindrical containers at a pressure of approximately
20,684 kPa (3,000 psi). Among the terms used to describe CNG fuel
containers are tanks, containers, cylinders, and high pressure
vessels. The agency will refer to them as ``containers'' throughout
this document.
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FMVSS No. 304 is patterned after the American National Standards
Institute's (ANSI's) voluntary industry standard known as ANSI/NGV2.
ANSI/NGV2 was developed by the Natural Gas Vehicle Coalition (NGVC).
ANSI/NGV2 and FMVSS No. 304 specify detailed material and manufacturing
process requirements for different types of CNG containers, including
those made with aluminum alloys. For each type of container, ANSI/NGV2
and FMVSS No. 304 specify a unique safety factor for determining the
internal hydrostatic pressure that the container must withstand during
the burst test. In addition, a container must meet the applicable
material and manufacturing requirements as well as the burst test.
FMVSS No. 304 specifies certain material and manufacturing
characteristics for aluminum containers using alloy 6010 and alloy
6061, based on the specifications set forth in ANSI/NGV2. The material
characteristics specify the percentage of various elements, including
magnesium, silicon, copper, and manganese. In establishing the
specifications applicable to aluminum alloys, the Natural Gas Vehicle
Coalition relied on the Aluminum Association Standards Data document
(Sixth Edition 1979).
II. Petitions Requesting Modification to FMVSS No. 304
On November 24, 1995, NHTSA issued a final rule amending the
labeling and the bonfire test requirements in FMVSS No. 304. (60 FR
57943) In that notice, the agency stated that it decided to defer
consideration of two rulemaking petitions to add additional aluminum
alloys to FMVSS No. 304, until the new version of the ANSI/NGV industry
standard was issued. Northwest Aluminum Association requested that the
standard be amended to add 6069 aluminum alloy, and Luxfer requested
the addition of a 7000 series alloy. The agency noted that the new
ANSI/NGV2 industry standard may not specify CNG fuel container material
and may be more performance-oriented than the current version, thus
allowing manufacturers more flexibility to improve container design
with respect to cost and performance. The agency also noted that
adopting some of the new provisions of the revised voluntary industry
standard may eliminate the need to add the two new aluminum alloys to
FMVSS No. 304.
NHTSA is waiting for ANSI to issue its revision of the CNG
container standard. In October 1996, the ANSI committee working on the
revised standard completed its revisions and sent the revised document
to its members for review. The proposed revision of ANSI/NGV2 would
remove all material and manufacturing restrictions. Nevertheless, it
would retain impurity limits for certain materials. Based on NHTSA's
understanding of the draft, the tentative industry consensus is to
eliminate the material and manufacturing requirements, but there is
continued disagreement about certain environment testing procedures.
III. NHTSA Proposal
Based on this new information, NHTSA has decided to propose
amending Standard No. 304 to eliminate the detailed material and
manufacturing process requirements in S5. The agency has tentatively
determined that CNG fuel container manufacturers should be allowed to
use materials other than those materials currently listed in the
standard. Such an amendment would provide manufacturers with the
flexibility to design lighter weight, higher capacity fuel containers
using the latest innovations, without the need to petition the agency
to change the standard each time a new material or manufacturing
process is developed.
NHTSA notes that today's proposal to remove the material and
manufacturing requirements would be consistent with the proposed
revision to ANSI/NGV, which has removed the design restrictions that
were in the 1992 version of NGV2 on which FMVSS No. 304 was initially
modeled. The proposed revision allows for materials and manufacturing
processes that meet the performance requirements of the industry
standard.
NHTSA believes that removing the material and manufacturing process
requirements would have no detriment to safety. The CNG containers
would still be subject to FMVSS No. 304's performance requirements,
including those that evaluate initial strength and resistance to
degradation over time. In addition, such containers would be subject to
recall if they failed for any reason, including the degradation of
material.
Based on these considerations, NHTSA has decided to propose
deleting the following sections from the standard:
* Section S5.2 Material designations. This section specifies the
material requirements for the various types of CNG fuel containers.
* Section S5.3 Manufacturing processes for composite containers.
This section specifies the manufacturing process for each type of
composite CNG fuel container.
* Section S5.4 Wall thickness and Section S5.5 Composite
Reinforcement for Type 2, Type 3, and Type 4 containers. These sections
contain the design criteria for specifying the wall thicknesses and
stresses for each type of CNG fuel container. These sections also
specify procedures for designing CNG fuel container walls along with
the theoretical formula for calculating maximum wall stress.
* Section S5.6 Thermal Treatment, and S5.7 Yield Strength. These
sections
[[Page 29325]]
contain detailed manufacturing process requirements for chrome-moly and
carbon-boron steels, including specifying the temper temperatures for
each steel.
Leadtime
The statute under which the agency conducts its vehicle safety
rulemaking requires that each order (i.e., final rule) shall take
effect no sooner than 180 days from the date the order is issued unless
good cause is shown that an earlier effective date is in the public
interest. NHTSA has tentatively concluded that there would be good
cause not to provide the 180 day lead time given that this amendment
would delete certain requirements and thus would have no mandatory
effect on manufacturers. Based on the above, the agency has tentatively
concluded that there is good cause for an effective date 30 days after
publication of the final rule. NHTSA requests comments about whether a
30 day effective date is appropriate or whether more lead time is
necessary.
Rulemaking Analyses and Notices
1. Executive Order 12866 (Federal Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
This proposal was not reviewed under E.O. 12866. NHTSA has analyzed
this proposal and determined that it is not ``significant'' within the
meaning of the Department of Transportation's regulatory policies and
procedures. A full regulatory evaluation is not required because the
rule, if adopted, would not significantly effect costs or benefits. It
would also provide greater flexibility to CNG container manufacturers.
2. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, NHTSA has
evaluated the effects of this action on small entities. Based upon this
evaluation, I certify that the proposed amendment would not have a
significant economic impact on a substantial number of small entities.
CNG container manufacturers typically would not qualify as small
entities. Further, the proposed changes would have only a minimal
impact on the costs or benefits associated with FMVSS No. 304, since
the agency does not anticipate that manufacturers would significantly
modify their current manufacturing practices. Accordingly, no
regulatory flexibility analysis has been prepared.
3. Executive Order 12612 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rule would not have sufficient Federalism
implications to warrant preparation of a Federalism Assessment.
4. National Environmental Policy Act
Finally, the agency has considered the environmental implications
of this proposed rule in accordance with the National Environmental
Policy Act of 1969 and determined that the proposed rule would not
significantly affect the human environment.
5. Civil Justice Reform
This proposed rule would not have any retroactive effect. Under
section 103(d) of the National Traffic and Motor Vehicle Safety Act (49
U.S.C. 30111), whenever a Federal motor vehicle safety standard is in
effect, a state may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard. Section 105 of the Act (49 U.S.C. 30161) sets forth a
procedure for judicial review of final rules establishing, amending or
revoking Federal motor vehicle safety standards. That section does not
require submission of a petition for reconsideration or other
administrative proceedings before parties may file suit in court.
Public Comments
Interested persons are invited to submit comments on the proposal.
It is requested but not required that 10 copies be submitted.
All comments must not exceed 15 pages in length. (49 CFR 553.21).
Necessary attachments may be appended to these submissions without
regard to the 15-page limit. This limitation is intended to encourage
commenters to detail their primary arguments in a concise fashion.
If a commenter wishes to submit certain information under a claim
of confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, at the street address given above, and seven
copies from which the purportedly confidential information has been
deleted should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in the agency's confidential business
information regulation. 49 CFR part 512.
All comments received before the close of business on the comment
closing date indicated above for the proposal will be considered, and
will be available for examination in the docket at the above address
both before and after that date. To the extent possible, comments filed
after the closing date will also be considered. Comments received too
late for consideration in regard to the final rule will be considered
as suggestions for further rulemaking action. The NHTSA will continue
to file relevant information as it becomes available in the docket
after the closing date, and it is recommended that interested persons
continue to examine the docket for new material.
Those persons desiring to be notified upon receipt of their
comments in the rules docket should enclose a self-addressed, stamped
postcard in the envelope with their comments. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, Tires.
In consideration of the foregoing, the agency proposes to amend
Standard No. 304, Compressed Natural Gas Fuel Container Integrity, in
Title 49 of the Code of Federal Regulations at part 571 as follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for part 571 would continue to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50
Sec. 571.304 Standard No. 304, Compressed Natural Gas Fuel Container
Integrity [Amended]
2. Section 571.304 would be amended by removing S5.2, S5.3, S5.4,
S5.5, S5.6, and S5.7.
Issued on: May 22, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-14160 Filed 5-29-97; 8:45 am]
BILLING CODE 4910-59-P
