95-18109. Federal Motor Vehicle Safety Standards; Compressed Natural Gas Fuel Containers  

  • [Federal Register Volume 60, Number 141 (Monday, July 24, 1995)]
    [Rules and Regulations]
    [Pages 37835-37844]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-18109]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    National Highway Traffic Safety Administration
    
    49 CFR Part 571
    
    [Docket No. 93-02; Notice 10]
    RIN 2127-AF47
    
    
    Federal Motor Vehicle Safety Standards; Compressed Natural Gas 
    Fuel Containers
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), 
    Department of Transportation (DOT).
    
    ACTION: Final rule, petitions for reconsideration.
    
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    SUMMARY: This document responds to petitions for reconsideration of the 
    final rule that established performance requirements for compressed 
    natural gas (CNG) fuel containers. The final rule specified burst test 
    safety factors of up to 3.33 for use in evaluating the strength of 
    carbon fiber containers. In an initial notice responding to the 
    petitions, a single, lower safety factor of 2.25 was adopted, subject 
    to further consideration of that issue. This final rule reaffirms that 
    decision. Today's document also responds to the other issues raised in 
    the petitions.
    
    DATES: Effective Date: August 23, 1995.
        Petitions for Reconsideration: Any petition for reconsideration of 
    this rule must be received by NHTSA no later than August 23, 1995.
    
    ADDRESSES: Petitions for reconsideration of this rule should refer the 
    Docket number referenced at the beginning of this document and should 
    be submitted to: Administrator, National Highway Traffic Safety 
    Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Gary R. Woodford, NPS-01.01, 
    Special Projects Staff, Office of Safety Performance Standards, 
    National Highway Traffic Safety Administration, 400 Seventh Street SW., 
    Washington, D.C. 20590 (Telephone 202-366-4931) (FAX 202-366-4329).
    
    SUPPLEMENTARY INFORMATION:
    
    I. Final Rule Establishing FMVSS No. 304
    II. Petitions for Reconsideration
    III. December 1994 Final Rule Responding to Petitions for 
    Reconsideration
    IV. Further Response to Petitions for Reconsideration
        A. Carbon Fiber Safety Factors
        B. Other Issues
        1. Burst Pressure Definition
        2. Container and Material Requirements
        a. NASA Computer Program
        b. Autofrettage Requirement
        c. Reference to S5.7.3
        d. Container Liner Burst Test
        e. Check Analysis Tolerances for Materials
        f. Wall Stress Formula
        g. Service Pressure vs. Hydrostatic Pressure in Stress Formula
        3. Performance Requirements
        a. Hydrostatic Test
        b. Burst Pressure vs. Fiber Stress Ratio
        c. Fiberglass Stress Ratios: Type 2 Containers
        4. Labeling Requirements
        a. Letter Height
        b. Container Label Permanency
        c. Fill Pressure
        d. Service Pressure
        e. ``DOT'' Symbol
        f. Service Life
        g. Qualification/Batch Test Requirements
        5. Test Conditions
        a. Diesel Fuel in Bonfire Test
        b. More Detail In Bonfire Test
        c. Complete Venting of Container During Bonfire Test
        d. Burst and Pressure Cycling Test Procedures
        6. Miscellaneous
        a. Withdraw or Delay the Effective Date of FMVSS 304
        b. Flexibility and Adaptability of Final Rule
        c. Chemical Compositions
    V. Rulemaking Analysis
    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, that specifies pressure cycling, burst, and 
    bonfire tests for the purpose of ensuring the durability, initial 
    strength, and venting of CNG containers. The pressure cycling test 
    evaluates a container's durability by requiring a container to 
    withstand, without any leakage, 18,000 cycles of pressurization and 
    depressurization. This requirement helps to ensure that a CNG container 
    is capable of sustaining the cycling loads imposed on the container 
    during refuelings over its entire service life. The burst test 
    evaluates a container's initial strength and resistance to degradation 
    over time. This requirement helps to ensure that a container's design 
    and material are appropriately strong over the container's life. The 
    bonfire test evaluates a container's ability to relieve internal 
    pressure, primarily pressure due to temperature rise. In addition, the 
    final rule specifies labeling requirements for CNG fuel containers. 
    FMVSS No. 304 took effect on March 27, 1995.
    
        \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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        The new FMVSS is patterned after the American National Standards 
    Institute's (ANSI's) voluntary industry standard known as ANSI/NGV2. 
    ANSI/NGV2 and FMVSS No. 304 specify detailed material and other 
    requirements for four different types of containers. A Type 1 container 
    is a metallic noncomposite container. A Type 2 container is a metallic 
    liner over which an overwrap such as carbon fiber or fiberglass is 
    applied in a hoop wrapped pattern over the liner's cylinder sidewall. A 
    Type 3 container is a metallic liner over which an overwrap such as 
    carbon fiber or fiberglass is applied in a full wrapped pattern over 
    the entire liner, including the domes. A Type 4 container is a non-
    metallic liner over which an overwrap such as carbon fiber or 
    fiberglass is applied in a full wrapped pattern over the entire liner, 
    including the domes.
        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. The safety 
    factors range from 2.25 to 3.50, depending on the material and design 
    involved. The higher the safety factor, the more material is needed to 
    comply with the requirement. To satisfy this aspect of ANSI/NGV2 and 
    FMVSS No. 304, a container must meet the applicable material and 
    manufacturing requirements as well as the burst test.
        While FMVSS No. 304 followed ANSI/NGV2 in most respects, it 
    departed from ANSI/NGV2 in requiring that carbon fiber containers 
    comply with the burst tests based on higher safety factors. 
    Specifically, the final rule establishing FMVSS No. 304 specified a 
    safety factor of 2.50 for Type 2 containers and 3.33 for Type 3 and 
    Type 4 containers. In contrast, ANSI/NGV2 specifies a safety factor of 
    2.25 for all carbon fiber containers.
    
    II. Petitions for Reconsideration
    
        NHTSA received 133 petitions for reconsideration of the final rule 
    that established FMVSS No. 304. The petitions were submitted by CNG 
    container manufacturers, vehicle manufacturers, natural gas utilities, 
    research and testing laboratories, and Canada and several of its 
    provincial governments.
        Most of the petitioners addressed the carbon fiber safety factors. 
    Many of them stated that the levels specified by the agency in the 
    final rule are higher 
    
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    than warranted by safety considerations. They further stated that the 
    higher safety factors will unduly increase the cost of carbon fiber 
    containers and make them noncompetitive with other technologies. Some 
    petitioners stated that NHTSA's safety factors are not harmonized with 
    the Canadian Standards Association (CSA) standard (Canadian B51 Part 
    II) or with the 1993 draft International Standards Organization (ISO) 
    standard (ISO/TC 58/SC 3/WG 17), both of which specify a 2.25 safety 
    factor for carbon fiber containers. On the other hand, only one 
    commenter supported the 3.33 safety factor.
        While the carbon fiber safety factors were the most controversial 
    issue raised by petitioners, some petitioners requested changes to 
    other aspects of the final rule. For example, some petitioners 
    expressed concern that FMVSS No. 304 prohibits certain materials, such 
    as new or different aluminum and steel alloys or other new materials. 
    Some petitioners wanted FMVSS No. 304 to include additional safety 
    requirements found in ANSI/NGV2. A number of petitioners requested the 
    agency to delay or withdraw FMVSS No. 304 until the current revision of 
    ANSI/NGV2 is completed. Petitioners also raised questions about the 
    need for certain technical amendments to FMVSS No. 304.
        NHTSA has responded to the petitions for reconsideration by issuing 
    two different notices. The two-step approach to responding to the 
    petitions was necessary to provide immediate regulatory relief by 
    allowing the manufacture of carbon fiber containers, subject to a 
    single safety factor of 2.25. This approach also provided NHTSA an 
    opportunity to review and analyze all the information presented in the 
    petitions for reconsideration.
    
    III. December 1994 Final Rule Responding to Petitions for 
    Reconsideration
    
        In an initial notice responding to petitions for reconsideration 
    published on December 28, 1994, the agency established a burst test 
    safety factor of 2.25 for carbon fiber containers, and indicated that 
    it would issue a final determination about the appropriate burst test 
    safety factor pending completion of the reconsideration process. (59 FR 
    66773) That notice also responded to several other technical issues 
    whose resolution did not necessitate extensive review or consideration. 
    In today's notice, the agency sets forth a final determination about 
    the safety factor for carbon fiber containers and responds to the 
    balance of the issues in the petitions for reconsideration.
    
    IV. Further Response to Petitions for Reconsideration
    
    A. Carbon Fiber Safety Factors
    
        In the September 1994 final rule, NHTSA departed from ANSI/NGV2 and 
    established higher safety factors for carbon fiber containers. The 
    agency made this determination because at that time the agency was not 
    aware that these containers were being used extensively in motor 
    vehicle applications. The agency stated that adopting more stringent 
    safety factors is consistent with the longstanding approach taken by 
    the Research and Special Programs Administration (RSPA) 2 to 
    initially adopt conservative requirements in response to the uncertain 
    level of risk posed by new technologies and subsequently modify the 
    requirements if further real-world safety data become available 
    supporting less stringent regulations. The agency indicated that it 
    would consider reducing the safety factors for carbon fiber containers 
    if data supporting a reduction ``are developed and become available on 
    the use of carbon fiber containers in motor vehicle applications.''
    
        \2\ RSPA is an administration within the United States 
    Department of Transportation whose functions include regulating the 
    transportation of hazardous materials.
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        In response to the final rule, CNG container manufacturers and 
    other petitioners have submitted new test data and information 
    indicating that carbon fiber containers at the lower 2.25 safety factor 
    can provide a level of performance equal to that of other materials 
    built to higher safety factors. This information also indicated that 
    implementing higher safety factors for carbon fiber would make carbon 
    fiber containers noncompetitive because of the higher costs associated 
    with adding additional material to meet the higher safety factors. The 
    data include information on tests and analyses of carbon fiber 
    containers, the number of containers in use in motor vehicle 
    applications, and cost and weight information.
        Several petitioners, particularly Brunswick Technical Group and EDO 
    Corp., submitted test data which indicate that carbon fiber containers 
    that comply with ANSI/NGV2 are safe. Brunswick stated that it has 
    qualified 26 different configurations of its carbon fiber containers 
    under ANSI/NGV2 requirements and has destructively tested 500 carbon/
    fiberglass CNG containers.3 That manufacturer further stated that 
    there is no information indicating that carbon fiber containers that 
    comply with ANSI/NGV2 requirements have failed in the field or that 
    test data would indicate the likelihood of such failure. To illustrate 
    its claim, Brunswick provided the results of tests recently performed 
    by British Gas on its containers.
    
        \3\ Brunswick's design uses carbon as the major load carrying 
    fiber with a small layer of fiberglass outside.
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        EDO also provided extensive testing information and analyses about 
    its carbon fiber containers built to the 2.25 safety factor. EDO 
    submitted an analysis showing how its container meets the requirements 
    of a draft industry-wide guideline for the performance of CNG 
    containers used in a motor vehicle environment. The guideline, which 
    was developed by General Motors (GM) following failures of CNG 
    containers on two GM pickup trucks in 1994, includes requirements for 
    performance relative to contaminants, corrosives, crashworthiness, leak 
    integrity, fire resistance, reliability, dependability, and accelerated 
    aging. The results of the analysis indicate that EDO's carbon fiber 
    containers built to the 2.25 safety factor comply with these 
    requirements.
        EDO also provided a detailed analysis, known as a Failure Modes and 
    Effects Analysis (FMEA),4 which it performed to determine the 
    safety risks of its carbon fiber containers built to ANSI/NGV2 
    requirements. This analysis led EDO to conclude that no significant 
    safety risk could be identified for the carbon fiber containers. 
    Specifically, EDO cited the significantly long fatigue life and high 
    resistance to stress rupture of carbon fiber, which are evaluated by 
    the burst test. EDO also cited additional test data that it believes 
    indicate that no further requirements are needed with respect to 
    container strength.
    
        \4\ A FMEA sets out in writing each failure mode that is 
    possible with a product along with the potential cause for the 
    failure and the design control in place to counter the failure. RSPA 
    sometimes requires a FMEA to be submitted when it evaluates a 
    manufacturer's particular container design. NHTSA believes that FMEA 
    is a valid technique for assessing the adequacy of a particular 
    design, provided that other supporting information is presented.
        Several petitioners supplied information favorably comparing the 
    performance (under both real world and laboratory test conditions) of 
    carbon fiber containers subject to the 2.25 safety factor with 
    fiberglass containers. Based on an evaluation that Powertech conducted 
    for Transport Canada, Powertech concluded that carbon fiber resists 
    stress rupture, and 
    
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    environmental and fire effects better than fiberglass.
        Several petitioners stated that carbon fiber containers subject to 
    the 2.25 safety factor are being used safely in real world situations. 
    Thomas Built Buses, Inc., reported that there have been several 
    thousand carbon fiber CNG containers built to ANSI/NGV2 requirements, 
    i.e., subject to a safety factor of 2.25. Brunswick and EDO stated that 
    they have built over 5,000 carbon fiber containers to ANSI/NGV2 
    requirements (2,600 Brunswick and 2,500 EDO.) According to Brunswick, 
    many of these containers have been in service for at least 18 months, 
    including carbon fiber containers that have been used in buses in 
    Sweden for over five years.
        Petitioners further stated that the higher carbon fiber safety 
    factors in FMVSS No. 304 are not harmonized with the standards being 
    set by others. For instance, Canada's CSA standard for CNG vehicle fuel 
    containers uses a 2.25 safety factor. Similarly, the draft ISO standard 
    for CNG containers incorporates the 2.25 safety factor. Moreover, 
    several organizations and States have incorporated ANSI/NGV2 into their 
    standards for CNG vehicles, including the National Fire Protection 
    Association, New York Department of Transportation, California Highway 
    Patrol, Texas Railroad Commission, and the State of Nebraska.
        Many petitioners contended that the higher safety factors for 
    carbon fiber containers required by FMVSS No. 304 will make these 
    containers noncompetitive by unnecessarily increasing their cost and 
    weight, thereby inhibiting the growth of the natural gas vehicle 
    market. They noted that for a CNG container of a given size, the 
    increased safety factor not only increases the cost and weight, because 
    of the increased carbon fiber needed, but also reduces container 
    interior volume. The American Gas Association (AGA), the National Gas 
    Vehicle Coalition (NGVC), Brunswick, EDO, and Thomas each indicated 
    that these results have a significant impact on the motor vehicle 
    applications, particularly for buses and small passenger vehicles, 
    which are particularly weight sensitive.
        These petitioners provided specific data on the cost and weight 
    impacts. AGA and NGVC stated that the higher safety factors in FMVSS 
    No. 304 will increase the cost of carbon fiber containers by 25 to 40 
    percent 5 and eliminate their weight advantage. EDO stated that 
    the higher safety factor for one of its carbon fiber containers would 
    result in a 38 percent (or $395) selling price increase and 32 percent 
    weight increase (approximately 25 pounds) for the same container 
    interior volume. EDO added that for a bus using 12 such containers, 
    this would result in a price increase of $4,740 for the containers 
    (excluding other costs such as OEM markup and changes to the mounting 
    brackets). Similarly, Brunswick stated that the agency's Final 
    Regulatory Evaluation (FRE) significantly understated the cost impact 
    of the higher safety factors, particularly for buses. That manufacturer 
    estimated that the incremental cost impact of the higher safety factors 
    would be $5,461 per bus, not $1,240 to $2,483 as estimated by the 
    agency. Thomas Built stated that the high strength, light-weight carbon 
    fiber container has made its bus applications more practical by 
    increasing passenger capacity by six persons over what is possible with 
    steel/fiberglass containers, since a smaller carbon fiber CNG container 
    has approximately the same internal capacity as a larger steel/
    fiberglass container.
    
        \5\ Assuming that each CNG carbon fiber container built to the 
    2.25 safety factor costs approximately $1,000, costs would increase 
    between $250 and $400.
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        Based on the information submitted in the petitions for 
    reconsideration and other available information, NHTSA has determined 
    that a 2.25 safety factor is more appropriate than the factors 
    originally established in September 1994 for carbon fiber CNG 
    containers. After analyzing this information, the agency believes that 
    the lower safety factor adopted in December 1994 is adequate to ensure 
    that carbon fiber CNG containers will have sufficient strength to 
    perform in a motor vehicle environment. The test data and information 
    on real-world experience supplied by the petitioners appear to support 
    the agency's determination that a 2.25 safety factor is appropriate. 
    During that time, there have been no known failures. NHTSA further 
    notes that the 2.25 safety factor harmonizes with the value specified 
    in ANSI/NGV2 and in the CSA standard. The agency also agrees with the 
    petitioners that the higher safety factor adopted in the final rule 
    would have significantly increased the cost and weight associated with 
    carbon fiber containers, even though the 2.25 safety factor now appears 
    adequate to ensure their safety. In conclusion, NHTSA has determined 
    that adopting the 2.25 safety factor is sufficient to ensure safety. 
    Thus, the safety factor or stress ratio, for each fiber material in a 
    fuel container will be as defined in FMVSS No. 304 for that fiber, with 
    the stress ratio for carbon fiber being 2.25.
    
    B. Other Amendments
    
        In the petitions for reconsideration, ten petitioners--Ford, 
    Pressed Steel Tank (PST), Norris, Structural Composites Industries 
    (SCI), Compressed Gas Association (CGA), NGV Systems, the Flxible Corp, 
    Powertech Labs, Brunswick, and Chrysler--requested a variety of 
    amendments to FMVSS No. 304. Each requested modification, along with 
    the agency's analysis of the desirability of the requested 
    modification, is discussed below.
    1. Definitions for Burst Pressure
    
        SCI recommended that the reference to temperature in the definition 
    of burst pressure be in terms of ambient temperature, rather than 70 
    deg.F, since the current reference implies to the petitioner that the 
    burst test must be performed at 70  deg.F. Section S4 defines burst 
    pressure as ``* * * the highest internal pressure reached in a CNG fuel 
    container during a burst test at a temperature of 21  deg.C (70 
    deg.F).''
        NHTSA has decided not to adopt SCI's request to modify the 
    definition for burst pressure. Neither NHTSA nor NGV2 specifies the 
    temperature at which the burst test needs to be conducted. The agency 
    further notes that SCI provided no other rationale to justify this 
    modification, and no other petitioner commented that the definition was 
    inappropriate. Further, the definition for burst pressure in S4 is 
    consistent with that of ANSI/NGV2, which represents a consensus of the 
    natural gas vehicle industry. Therefore, adopting the requested 
    modification might cause confusion for manufacturers.
    
    2. Container and Material Requirements
    
        a. NASA computer program. NGV Systems, SCI, Powertech, and PST 
    petitioned the agency to correct the name and statement about the 
    availability of the National Aeronautics and Space Administration 
    (NASA) computer program referenced in S5.5.1 and Part 571.5(b)(9).
        NHTSA has adopted the requested amendments to S5.5.1 and Part 
    571.5(b)(9), since the agency, in the final rule, used an incorrect 
    title and erroneously stated that it was available from NASA. The 
    computer program's correct title is ``Computer Program for the Analysis 
    of Filament-Reinforced Metal-Wound Pressure Vessels.'' The program is 
    available from the National Technical Information Service, 
    
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    Springfield, Virginia as N67-12097 (NASA CR-72124).
        b. Autofrettage requirement. Norris Cylinder Co. (Norris) 
    petitioned the agency to amend FMVSS No. 304 to include an autofrettage 
    6 requirement. Norris stated that composite containers are usually 
    produced by volumetric expansion (autofrettage) of the liner wrapped 
    with continuous filament windings.
    
        \6\ Autofrettage is a manufacturing process for composite 
    containers in which the container is pressurized to the point where 
    the metal liner begins to yield, thereby placing the liner in 
    compression and the fiber overwrap in tension once pressure is 
    released.
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        NHTSA has decided not to adopt Norris' request to include a 
    requirement addressing autofrettage. The agency believes that the 
    current requirements in FMVSS No. 304 such as the material designation 
    requirements in S5.2 and the manufacturing processes for composite 
    container requirements in S5.3 adequately ensure the safe performance 
    of a CNG container. The agency further believes that this manufacturing 
    process should be left to the discretion of the container manufacturer. 
    Moreover, no other manufacturer raised this issue, and Norris offered 
    no convincing rationale for amending FMVSS 304 to include such a 
    requirement.
        c. Reference to S5.7.3. SCI stated that S5.4.3 refers to a 
    nonexistent S5.7.3, and therefore suggested that this reference be 
    deleted or defined. NHTSA notes that SCI's statement is incorrect; 
    there is a section S5.7.3, Tensile Strength.
        d. Container liner burst test. SCI petitioned the agency to amend 
    FMVSS No. 304 to add a new section S5.4.2.4 which would state that 
    ``Wall thickness of a liner shall be such that the burst pressure of 
    the liner without overwrap is at least 1.25 times the service pressure 
    of the container.'' SCI stated compliance with this new requirement 
    should be demonstrated by the addition of a liner burst test in S8. SCI 
    further stated that these requirements are needed since the safety 
    factors for Type 2 containers are based on the premise that the liner 
    without the fiber overwrap will maintain service pressure without 
    failure.
        NHTSA has decided not to amend FMVSS No. 304 to add a wall 
    thickness performance requirement. While SCI's assertion is true that 
    the liner alone is to maintain service pressure, this fact is not 
    relevant to its request for a new test. Moreover, SCI provided no 
    compelling safety rationale as to why these new requirements should be 
    added. Section S5.4.2 of the final rule currently specifies liner wall 
    thickness based on liner stress requirements at various container 
    pressures, which is consistent with ANSI/NGV2, the voluntary industry 
    standard. The agency believes that there is no need to add these new 
    requirements for the liner only, since the rule has burst, pressure 
    cycling, and bonfire requirements which test the container as a whole 
    after manufacturing.
        e. Check analysis tolerances for materials. PST stated that the 
    requirements for chemical analysis in S5.2, Material designations, are 
    unreasonable unless the agency allows normal check analysis tolerances 
    in addition to the stated chemical composition ranges. Normal check 
    analysis tolerances are the slight variations found when verifying a 
    metal's chemical composition. PST added that this is not seen as a 
    problem with the rule, but only in the definition of NHTSA enforcement 
    tests. According to the petitioner, since metal analysis is not 
    absolutely precise, some allowance for non-repeatability in the 
    analyses is necessary.
        NHTSA has decided not to amend FMVSS No. 304 with respect to the 
    chemical analysis of materials. The agency notes that the requirements 
    specified in S5.2 already provide ranges for the chemical compositions 
    of various elements. For example, copper is allowed to be between 0.15 
    to 0.60 percent in certain aluminum containers. Manufacturers seeking 
    to ensure compliance could aim to hit the mid-point in each range. PST 
    provided no data to support its claim that the specified ranges for 
    chemical compositions, which are consistent with the ranges specified 
    in NGV2, are inadequate. Moreover, no other manufacturer informed the 
    agency that these chemical composition ranges posed a problem. NHTSA 
    believes that absent a compelling reason to provide otherwise, FMVSS 
    No. 304 should be consistent with ANSI/NGV2 since the manufacturers 
    already comply with the industry standard. Moreover, the agency 
    believes that it should not consider amending the requirement absent 
    input from other manufacturers. Based on the above considerations, 
    NHTSA has decided that it is not appropriate for the Standard to 
    specify check analysis tolerances.
        f. Wall stress formula. PST and Norris petitioned NHTSA to change 
    the units which refer to pressure in the wall stress formula to make 
    the units consistent. The petitioners state that the units are not 
    consistent: on the left side of the equation, wall stress is in units 
    of MPa (psi); while, on the right side of the equation, minimum 
    hydrostatic test pressure is in Bar (psig). The equation is referenced 
    in S5.4.1(b), Wall thickness, Type 1 containers. The petitioners state 
    that this is also an error in ANSI/NGV2.
        NHTSA has decided to amend FMVSS No. 304 to incorporate this change 
    in the wall stress formula. The agency notes that the petitioners are 
    correct that the minimum hydrostatic test pressure should be in units 
    of MPa, and not in Bar (psig). This change will make the units in the 
    formula consistent. The agency has docketed a memorandum describing a 
    telephone conversation between agency personnel and a representative of 
    the AGA in which AGA stated that this is a typographical error in ANSI/
    NGV2. AGA is serving as the secretariat for the Natural Gas Vehicle 
    Fuel Cylinder Task Group, which is the industry group currently 
    revising and updating ANSI/NGV2.
        g. Service pressure vs. Hydrostatic pressure in stress formula. PST 
    stated that the wall stress formula in S5.4.1(b) should be modified to 
    refer to service pressure. The formula currently uses, as part of the 
    equation, hydrostatic test pressure rather than service pressure to 
    calculate wall stress. The petitioner also stated that the rule does 
    not define test pressure.
        NHTSA has decided not to adopt PST's request to amend the wall 
    stress formula in S5.4.1(b). The agency notes that the petitioner 
    provided no rationale as to why service pressure should be used in the 
    formula rather than hydrostatic test pressure.7 The agency notes 
    that ANSI/NGV2, which represents the consensus of the natural gas 
    vehicle industry, uses hydrostatic test pressure. Regarding the 
    definition of hydrostatic pressure, the rule specifies the definition 
    for hydrostatic pressure in S4, which is also consistent with the 
    definition in ANSI/NGV2.
    
        \7\ The agency notes that the terms ``hydrostatic pressure,'' 
    ``hydrostatic test pressure,'' and ``test pressure'' are all 
    synonymous.
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    3. Performance Requirements
    
         a. Hydrostatic test. CGA and Norris petitioned the agency to 
    specify a hydrostatic test and test pressure. CGA stated that test 
    pressure is commonly 1.5 times the service pressure, and that all 
    similar containers worldwide are required to be tested to this level to 
    establish that each one will withstand such pressure at the time of 
    manufacture. CGA added that unsafe containers might enter the market if 
    they are not tested at the time of manufacture. 
    
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        NHTSA has decided not to adopt the petitioner's request to include 
    a hydrostatic test. While ANSI/NGV2 requires a hydrostatic pressure 
    test be performed on each container, FMVSS No. 304 does not require 
    such a test. Instead, the agency requires each manufacturer to certify 
    that its containers comply with the burst test requirement. That test 
    is based on the level of pressure reached at the safety factors, or 
    stress ratios, specified in FMVSS No. 304. Further, since the burst 
    test is more stringent than the hydrostatic test, the hydrostatic test 
    would not provide any additional information about a container's 
    strength, and therefore is not necessary.
        b. Burst pressure vs. Fiber stress ratio. NGV Systems, Ford, PST, 
    Brunswick, CGA, SCI and Chrysler petitioned the agency to amend FMVSS 
    No. 304 to correct what they viewed as a conflict in the wording of 
    S7.2.2. Specifically, the last sentence in S7.2.2 states that ``Burst 
    pressure is calculated by multiplying the service pressure by the 
    applicable fiber stress ratio set forth in Table Three.'' The 
    petitioners claimed that this requirement is in error since burst 
    pressure is not always directly proportional to fiber stress ratio, 
    particularly for Type 2 and Type 3 containers where the liner carries 
    some of the load. The petitioners further indicated that this statement 
    is not in keeping with the intent of ANSI/NGV2 requirements or industry 
    practice. Ford and PST suggested that the last sentence of S7.2.2 be 
    deleted. SCI suggested other changes, such as changing the term 
    ``stress ratio'' to ``pressure ratio'' in S7.2.2, and making other 
    similar wording changes in the rule to reflect the last sentence in 
    S7.2.2.
        After reviewing the petitions, NHTSA has decided to amend FMVSS No. 
    304 by deleting the last sentence of S7.2.2. The agency agrees with the 
    petitioners that the final rule did not reflect the fact that the liner 
    carries some of the load. Today's modification recognizes the methods 
    used to manufacture CNG containers and therefore makes the requirement 
    more practicable than the requirement that was specified in the final 
    rule. This modification corrects the wording conflict and makes FMVSS 
    No. 304 consistent with ANSI/NGV2, which was the agency's intent. The 
    agency has decided not to adopt SCI's suggested wording changes, which 
    are not necessary given the agency's decision to delete the last 
    sentence in S7.2.2. The agency further notes that SCI's requested 
    modification would have made the final rule inconsistent with ANSI/
    NGV2.
        c. Fiberglass stress ratios: Type 2 containers. Norris petitioned 
    the agency to revise the safety factors for E-Glass and S-Glass Type 2 
    containers. Section S7.2.2 of Standard 304 specifies these at 2.65. 
    Norris stated that considerable safe experience exists with the similar 
    DOT FRP-2 cylinder design at a safety factor of 2.5, and that this 
    should not be arbitrarily changed to 2.65. In addition, the CGA 
    commented more generally that the stress ratios in Table 3 of S7.2.2 
    for some cylinder types are different from those used in industry 
    practice, and suggested an open forum at NHTSA to discuss these points.
        NHTSA has decided not to adopt Norris' request to lower the safety 
    factor for E-Glass and S-Glass containers to 2.5. The agency believes 
    that it would be inappropriate to make such a change based on DOT FRP-
    2, which is a RSPA requirement that regulates cylinders used in 
    transport. In contrast, FMVSS No. 304 is a Federal motor vehicle safety 
    standard that regulates the manufacture of CNG containers for use in 
    motor vehicle applications. Although cylinders made to FRP-2 are 
    similar in design to Type 2 containers, they are subject to a much 
    different operating environment. For example, Type 2 containers, being 
    in the automotive environment, are subject to many more pressurization 
    cycles due to refueling. Based on these different applications, NHTSA 
    believes the higher safety factor of 2.65 is justified. More generally, 
    the fiber stress ratios which NHTSA has currently set in FMVSS No. 304 
    are the same as those of ANSI/NGV2, which represents a consensus of the 
    CNG vehicle industry.
    
    4. Labeling Requirements
    
        a. Letter height. Ford, SCI, and Chrysler petitioned the agency to 
    reduce the height of the required lettering on the container label 
    specified in S7.4. Ford requested the lettering height be changed from 
    12.7 mm to 4 mm, stating that 4 mm is the same height required for VIN 
    lettering. Ford stated that using letters 12.7 mm high will result in a 
    label so large that, when it is applied to the container, not all parts 
    of the label will be visible due to the label's wrapping around the 
    container surface. SCI petitioned the agency to reduce the lettering 
    height to 6.35 mm. SCI stated that if the lettering were 12.7 mm in 
    height, the label might be so large that it could be impossible to read 
    all the necessary information once the fuel container is installed. 
    Chrysler stated that typical labeling uses a combination of 3 mm and 6 
    mm characters.
        After reviewing these petitions for reconsideration, NHTSA has 
    decided to amend FMVSS No. 304 to reduce the required lettering height 
    since the lettering height in the final rule is too large to enable 
    manufacturers to provide labels that fit appropriately on the CNG 
    containers. Specifically, the agency has decided to amend S7.4 to 
    specify that the lettering height be 6.35 mm (0.25 inch), which is 
    consistent with the comments of Chrysler and SCI. The agency believes 
    that Ford's request to reduce the lettering height still further, to 4 
    mm (0.157 inch), would be inappropriate since lettering of that height 
    could be too small to be readily visible at various locations on CNG 
    vehicles.
        b. Container label permanency. SCI requested that NHTSA clarify how 
    S7.4 should be interpreted, claiming that it is difficult for a 
    container manufacturer to guarantee label permanency. That provision 
    states that ``Each CNG fuel container shall be permanently labeled * * 
    *.''
        By ``permanent,'' NHTSA means that the label should remain in place 
    and be legible for the manufacturer's recommended life of the 
    container. For instance, a metal tag with embossed or raised letters 
    riveted in place would be considered permanent. Similarly, a mylar 
    label that is subsurface printed and is made of a material that is 
    resistant to fade, heat, moisture and abrasion would typically be 
    considered permanent (see Standard No. 129, section S5.4.3). To carry 
    out this intent, NHTSA has modified section S7.4 to state that ``Any 
    label affixed to the container in compliance with this section shall 
    remain in place and be legible for the manufacturer's recommended life 
    of the container.''
        c. Fill pressure. Norris petitioned the agency to require that the 
    container label indicate the maximum allowed fill pressure during 
    refueling. Norris stated, without explanation, that information about 
    fill pressure would be more useful than service pressure.
        NHTSA has decided not to adopt Norris's request to include the fill 
    pressure on the label. Section S7.4 of FMVSS No. 304 requires that the 
    service pressure be specified on the container label. This is the 
    pressure at which the container is designed to operate under normal 
    conditions. At present, there are two basic service pressures for CNG 
    containers: 3,000 psi and 3,600 psi. NHTSA did not propose and does not 
    now believe there is a compelling reason to specify maximum fill 
    pressure. The agency notes that Norris provided no safety rationale to 
    justify such a requirement and that the current labeling requirement to 
    specify service pressure is consistent with ANSI/NGV2, 
    
    [[Page 37841]]
    which represents a consensus of the CNG fuel container industry.
        d. Service pressure. SCI petitioned the agency to specify that 
    ``Service pressure'' be on the container label, rather than ``Maximum 
    service pressure'' as required by S7.4(c). Since ``Service pressure'' 
    is defined in FMVSS No. 304, not ``Maximum service pressure,'' SCI 
    stated that this revision to the label would retain consistent 
    terminology.
        NHTSA has decided to adopt SCI's request to specify ``service 
    pressure'' on the container label. The agency notes that the term 
    ``maximum service pressure,'' as required to be on the container label 
    in FMVSS No. 304, was intended to mean the same as ``service 
    pressure.'' Thus, the agency was using the two terms interchangeably, 
    even though FMVSS No. 304 defines ``service pressure'' but not 
    ``maximum service pressure.'' The agency believes that use of the two 
    different terms in FMVSS No. 304 could be confusing. Specifically, the 
    term ``maximum service pressure'' could be construed to mean a higher 
    pressure than what was intended in FMVSS No. 304. Therefore, S7.4(c) 
    has been revised to read:
    
    ``Service Pressure ________ kPa (________ psig).''
        e. Symbol ``DOT''. Section S7.4(d) requires the symbol ``DOT'' to 
    be placed on the container label as the manufacturer's certification 
    that the container complies with all requirements of FMVSS No. 304. SCI 
    stated that the container label symbol ``DOT'' is not meaningful and 
    should be expanded to include the standard and effective date, ``DOT 
    FMVSS-304-0395.''
        NHTSA has decided not to adopt SCI's request to modify the labeling 
    requirement related to the symbol ``DOT.'' The agency believes that the 
    information requested by SCI would create additional confusion. The 
    agency further notes that the use of the symbol ``DOT'' in FMVSS No. 
    304 is readily understood in the motor vehicle industry and is 
    consistent with its use in other FMVSSs for items of motor vehicle 
    equipment, such as FMVSS No. 106, Brake Hoses, and FMVSS No. 109, New 
    pneumatic tires. The agency decided not to specify the version of the 
    standard, since the agency typically does not reissue standards en toto 
    every few years. Rather, at most, it periodically amends specific 
    provisions in a standard. Therefore, the agency does not refer to its 
    standards as the 1995 version of a particular standard.
        f. Service life. SCI petitioned the agency to specify a 15 year 
    service life for CNG containers since FMVSS No. 304's pressure cycling 
    test of 18,000 cycles is based on 15 years (four refuelings per day, 
    300 days per year for 15 years).
        NHTSA does not have the authority to regulate the length of time 
    that the public uses an item of motor vehicle equipment, such as a CNG 
    container. The agency does have authority to specify labeling 
    requirements that address a CNG container's service life. The agency is 
    currently reviewing comments on this matter in response to a December 
    1994 supplemental notice of proposed rulemaking (SNPRM) that proposed a 
    container label requirement specifying a container life of 15 years or 
    a time period specified by the manufacturer. (59 FR 65299, December 19, 
    1994). If the agency determines that labeling CNG containers with a 
    service life is appropriate, it will do so in the context of that 
    rulemaking.
        g. Qualification/batch test requirements. Norris requested that 
    FMVSS No. 304 define ``design family.'' It also stated that neither 
    qualification nor batch test requirements are spelled out. Such a 
    requirement would be consistent with RSPA's method of regulating CNG 
    containers.
        Norris' request for FMVSS No. 304 to include information about 
    ``design family'' and other manufacturing considerations would be 
    inconsistent with how Federal motor vehicle safety standards are 
    generally promulgated. The manufacturer typically must certify that 
    each container it manufactures complies with the standard. Therefore, 
    to comply with FMVSS No. 304, each container must be capable of meeting 
    the applicable requirements, such as the burst test, and be certified 
    to meet them. In rare situations such as the flasher requirements in 
    FMVSS No. 108, Lamps, reflective devices, and associated equipment, 
    establishing compliance to the standard through batch testing is 
    permitted.
        Given that a batch testing requirement is typically disfavored by 
    the agency and that the consequences for a failed CNG container are 
    likely much more dangerous than a failed flasher, NHTSA believes that 
    it is necessary for a CNG container manufacturer to certify the 
    compliance of each CNG container.
        NHTSA notes that in contrast to NHTSA's framework, RSPA authorizes 
    batch testing so that each container need not be certified as complying 
    with its requirements. Terms such as design family, qualification 
    testing, or batch are used in ANSI/NGV2, and RSPA requirements for DOT 
    cylinders. For example, ANSI/NGV2 requires qualification tests, such as 
    the burst test, only when certain design changes are made to a 
    particular design of CNG containers. In addition, manufacturer tests 
    are sometimes done on batches or lots of 200 cylinders. Based on the 
    above considerations, it would be inappropriate to require the 
    information requested by Norris.
    
    5. Test Conditions
    
        a. Diesel fuel in bonfire test. NHTSA received two petitions for 
    reconsideration to amend S8.3.6, which addresses the bonfire test's use 
    of diesel fuel. Flxible petitioned the agency to allow the use of a 
    wood-fueled bonfire test rather than diesel fuel. It stated that fire 
    marshals and other authorities have placed restrictions on the use of 
    diesel fuel. SCI stated that the use of diesel fuel would adversely 
    affect the environment, but offered no alternative.
        NHTSA has decided not to amend FMVSS No. 304 with respect to the 
    bonfire test's fuel in today's notice. Instead, the agency is currently 
    reviewing comments on this matter in response to a SNPRM that included 
    a proposal to amend the bonfire test to allow alternative types of fuel 
    given the potential environmental problems with using diesel fuel. If 
    the agency determines that the bonfire test's fuel needs to be changed, 
    it will do so in the context of that rulemaking.
        b. More detail in bonfire test. PST requested that NHTSA define the 
    bonfire test in more detail. Paragraph S8.3.10 states that, during the 
    bonfire test, ``[t]he average wind velocity at the container is not to 
    exceed 2.24 meters per second (5 mph).'' The petitioner stated that in 
    some conditions, a 2.24 meters per second wind might preclude the 
    container from being totally engulfed in flames. This consideration led 
    PST to recommend that this requirement should instead read ``* * * 5 
    mph or less if necessary to achieve full impingement and engulfment.'' 
    PST indicated that it uses a system of wind shields during its testing 
    to assure full impingement or engulfment.
        NHTSA has decided not to amend the bonfire test in FMVSS No. 304. 
    The agency notes that since S8.3.2 and S8.3.3 specify full flame 
    impingement or engulfment of the container during testing, allowing a 
    wind speed of up to 2.24 meters per second will not preclude total 
    flame impingement or engulfment. The agency notes that a manufacturer 
    is not precluded from using wind shields to assure that full flame 
    impingement or engulfment is achieved.
        c. Venting of container during bonfire test. Section S7.3 specifies 
    that during the bonfire test, the CNG container shall 
    
    [[Page 37842]]
    either completely vent its contents through a pressure relief device or 
    shall not burst while retaining its entire contents. PST stated that 
    this requirement is unreasonable because it is difficult to verify and 
    unnecessary. PST offered no alternative language, but stated that under 
    certain conditions a small amount of gas can escape through seals 
    around the pressure relief devices and leak small quantities of gas 
    during the test. According to PST, this leakage is not harmful and 
    should be allowed. PST further stated that if the intent of S7.3 is 
    that the container vent completely through the pressure relief device, 
    incidental leaks should be of no concern.
        NHTSA believes that it would be inappropriate to amend FMVSS No. 
    304 based on PST's unsupported claim that under certain conditions a 
    small amount of gas can leak through seals around the pressure relief 
    device. PST provided no information showing that the burst requirement 
    is inappropriate or that leakage around the seal is a problem in a 
    properly constructed CNG container. The agency further notes that no 
    other petitioner believed that this requirement is inappropriate or 
    raised practicability problems. If such additional information is 
    provided, NHTSA would consider whether further rulemaking is 
    appropriate. As an alternative to seeking an amendment to the standard, 
    PST could file a petition requesting the agency determine that such a 
    noncompliance with the standard is inconsequential as it relates to 
    safety under Part 556, Exemption for Inconsequential Defect or 
    Noncompliance.
        d. Burst and pressure cycling test procedures. PST stated that the 
    allowable range of pressurization rates for the burst test is 
    unreasonable, and that NHTSA should draft and publish methods for 
    compliance testing which set a minimum pressurization rate of 100 psi 
    per second. S8.2.2 specifies that pressurization throughout the burst 
    test shall not exceed 200 psi per second. PST indicated that test 
    results are a function of pressurization rate, and that very low rates 
    can make the test overly stringent. Similarly, PST stated that the 
    absence of a minimum cycling rate or test duration in the pressure 
    cycling test, S8.1.3, is unreasonable, since fatigue cycle life is 
    known to be sensitive to the cycling rate and test duration. Section 
    S8.1.3 specifies a maximum cycling rate of 10 cycles per minute. PST 
    stated that a minimum cycling rate of 5 cycles per minute is 
    reasonable, or alternatively, a test duration of 60 hours. PST stated 
    that it had previously commented on these issues.
        NHTSA has decided not to adopt PST's request to modify the 
    pressurization rates in the burst test. While PST is correct that 
    pressurization rates do affect the test's severity, the agency notes 
    that it is appropriate to specify the range because CNG containers in 
    the real world will experience a variety of pressurizations. Therefore, 
    it is in the interest of safety to specify such rates. In addition, 
    specifying maximum pressurization and cycling rates in FMVSS No. 304 
    without specifying minimums is consistent with the voluntary industry 
    standard, ANSI/NGV2. The agency specifically asked CGA and the NGVC 
    about minimum pressurization and cycling rates, but neither 
    organization was able to provide adequate rationale to include them in 
    the final rule. PST has offered no new data to support the inclusion of 
    a minimum rate for pressurization or cycling. Based on the above 
    considerations, the agency believes that the rule should remain the 
    same as those in NGV2 with no minimum pressurization and cycling rates.
    
    6. Miscellaneous
    
        a. Withdraw or delay the effective date of FMVSS 304. Several 
    petitioners asked that the final rule be withdrawn, or delayed for a 
    year or more. A number of them stated the rule does not reflect all of 
    the safety requirements contained in ANSI/NGV2, and therefore is not 
    comprehensive from a safety standpoint. They also stated that ANSI/NGV2 
    is currently being revised and updated by the industry, and indicated 
    that a delay would allow incorporation of these new revisions.
        NHTSA has determined that it would be inappropriate to withdraw the 
    effective date of the September 1994 final rule, which took effect 
    March 27, 1995. Even though the rule does not contain all of the 
    requirements of ANSI/NGV2, NHTSA believes that it is better to have 
    some requirements in place rather than none at all. Further, the agency 
    is moving toward adding more requirements through the SNPRM that was 
    published in December 1994. That notice proposes additional performance 
    requirements, consistent with those in ANSI/NGV2, to evaluate a CNG 
    fuel container's internal and external resistance to corrosion and 
    acidic chemicals, brittle fracture, fragmentation, and external damage 
    caused by incidental contact with road debris or mechanical damage 
    during the vehicle's operation.
        With regard to the revisions currently being made to ANSI/NGV2, 
    NHTSA believes that it would be inappropriate for the same reason to 
    delay the rule.
        b. Flexibility and adaptability of final rule. Chrysler supported 
    earlier comments submitted by the American Automobile Manufacturers 
    Association (AAMA) which included the statement that the ANSI/NGV2 
    voluntary industry standard ``* * * lacks the flexibility and 
    adaptability that should be part of a regulatory requirement * * *'' 
    Those earlier comments were submitted by AAMA in response to the 
    December 1993 SNPRM.
        NHTSA notes that in the December 1993 SNPRM, the agency announced 
    that it was considering the adoption of many of the requirements in 
    ANSI/NGV2 for its final rule on CNG containers. The agency also laid 
    out its rationale for this approach. After considering all of the 
    comments, the agency based the rule on the voluntary industry standard, 
    ANSI/NGV2. Chrysler offered no new arguments which the agency has not 
    already considered and responded to in promulgating the rule.
        c. Chemical compositions. NHTSA has decided to revise S5.2.2 to 
    reflect new information provided by AGA in a telephone conversation 
    with NHTSA staff members. The AGA advised the agency that there is a 
    typographical error in S5.2.2 concerning the amount of magnesium in 
    6061 alloy aluminum. While FMVSS No. 304 specifies ``0.60 to 1.20 
    percent,'' AGA stated that the correct numbers are 0.80 to 1.20. The 
    error is also present in the current version of ANSI/NGV2.
        NGVSys submitted a letter dated February 16, 1995, requesting that 
    the percent limits for lead and bismuth in aluminum alloy 6061 be 
    revised. S5.2.2 of Standard 304 currently specifies these each at 0.003 
    percent maximum. NGVSys requested that the limits be revised to 0.01 
    percent maximum, indicating that the industry group currently revising 
    ANSI/NGV2 has accepted this change for its 1995 revision. NGVSys 
    enclosed with its request a copy of a letter from Alcoa, an aluminum 
    supplier. The letter indicates that Alcoa's current limit for lead and 
    bismuth in aluminum alloy 6061 is 0.010 percent each, and that further 
    reductions in this limit would impact cost.
        NHTSA has decided to deny NGV System's request. NGV Systems has 
    provided no rationale to justify its request, nor has it provided any 
    information on the safety implications of allowing the increased 
    amounts of lead and bismuth. The agency notes that FMVSS No. 304's 
    specifications for lead and bismuth are consistent with both 
    
    [[Page 37843]]
    the current version of ANSI/NGV2 and the draft ISO standard for CNG 
    containers.
    
    IV. Rulemaking Analyses
    
    A. Executive Order 12866 and DOT Regulatory Policies and Procedures
    
        NHTSA has considered this rulemaking action in connection with 
    Executive Order 12866 and the Department of Transportation's regulatory 
    policies and procedures. This rulemaking document was not reviewed 
    under E.O. 12866, ``Regulatory Planning and Review.'' This action has 
    been determined to be ``nonsignificant'' under the Department of 
    Transportation's regulatory policies and procedures. In conjunction 
    with the September 1994 final rule, NHTSA prepared a Final Regulatory 
    Evaluation (FRE) in which it estimated the rulemaking's costs. Today's 
    rule simply reaffirms the December final rule in which the agency 
    concluded that ``specify(ing) a 2.25 safety factor for carbon fiber 
    containers would negate this cost increase to container manufacturers, 
    as they currently manufacture containers to this value.'' As a result, 
    manufacturers will not have to depart from current manufacturing 
    practices and thus not incur additional costs. Most of the performance 
    requirements in the standard are already being met by CNG fuel 
    container manufacturers, who produce and test containers in accordance 
    with ANSI/NGV2. The agency's reaffirmation of its December 1994 
    decision to specify a 2.25 safety factor for carbon fiber containers 
    negates the cost increase faced by container manufacturers as a result 
    of the higher factor in the September 1994 final rule. The 
    manufacturers already manufacture containers to the lower factor. Since 
    the agency has decided to adopt the same safety factor as that 
    currently met by container manufacturers, there is no need to perform a 
    new regulatory evaluation. The agency further notes that the various 
    minor amendments being made in today's notice will collectively have 
    only a negligible effect on costs.
    
    B. Regulatory Flexibility Act
    
        NHTSA has also considered the effects of this rulemaking action 
    under the Regulatory Flexibility Act. Based upon the agency's 
    evaluation, I certify that this rule will not have a significant 
    economic impact on a substantial number of small entities. Information 
    available to the agency indicates that businesses manufacturing CNG 
    fuel containers are not small businesses. Further, as noted above, the 
    amendments made in today's document will have a negligible effect on 
    costs of compliance.
    
    C. Executive Order 12612 (Federalism)
    
        NHTSA has analyzed this rulemaking action in accordance with the 
    principles and criteria contained in Executive Order 12612. NHTSA has 
    determined that the rule will not have sufficient Federalism 
    implications to warrant the preparation of a Federalism Assessment.
    
    D. National Environmental Policy Act
    
        In accordance with the National Environmental Policy Act of 1969, 
    NHTSA has considered the environmental impacts of this rule. The agency 
    has determined that this rule will have no adverse impact on the 
    quality of the human environment. On the contrary, because NHTSA 
    anticipates that ensuring the safety of CNG vehicles will encourage 
    their use, NHTSA believes that the rule will have positive 
    environmental impacts. CNG vehicles are expected to have near-zero 
    evaporative emissions and the potential to produce very low exhaust 
    emissions as well.
    
    E. Civil Justice Reform
    
        This final rule does not have any retroactive effect. Under 49 
    U.S.C. 30103, 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, except to the extent that the State requirement imposes a 
    higher level of performance and applies only to vehicles procured for 
    the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial 
    review of final rules establishing, amending or revoking Federal motor 
    vehicle safety standards. That section does not require submission of a 
    petition for reconsideration or other administrative proceedings before 
    parties may file suit in court.
    
    List of Subjects in 49 CFR Part 571
    
        Imports, Incorporation by reference, Motor vehicle safety, Motor 
    vehicles.
    
    PART 571--[AMENDED]
    
        In consideration of the foregoing, 49 CFR Part 571 is amended as 
    follows:
        1. The authority citation for Part 571 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; 
    delegation of authority at 49 CFR 1.50.
    
    
    Sec. 571.5  [Amended]
    
        2. Section 571.5 is amended by removing paragraph (b)(9).
    
    
    Sec. 571.304  [Amended]
    
        3. Section 571.304 is amended by revising S5.2.2, S5.4.1(b), 
    S5.5.1, S7.2.2, S7.4, S8.1.3, S8.2.2, and S8.3.10 to read as follows:
    * * * * *
        S5.2.2 Aluminum containers and aluminum liners. (Type 1, Type 2 and 
    Type 3) shall be 6010 alloy, 6061 alloy, and T6 temper. The aluminum 
    heat analysis shall be in conformance with one of the following grades:
    
                       Table Two.--Aluminum Heat Analysis                   
    ------------------------------------------------------------------------
         Grade: Element         6010 alloy percent      6061 alloy percent  
    ------------------------------------------------------------------------
    Magnesium..............  0.60 to 1.00...........  0.80 to 1.20.         
    Silicon................  0.80 to 1.20...........  0.40 to 0.80.         
    Copper.................  0.15 to 0.60...........  0.15 to 0.40.         
    Chromium...............  0.05 to 0.10...........  0.04 to 0.35.         
    Iron...................  0.50 max...............  0.70 max.             
    Titanium...............  0.10 max...............  0.15 max.             
    Manganese..............  0.20 to 0.80...........  0.15 max.             
    Zinc...................  0.25 max...............  0.25 max.             
    Bismuth................  0.003 max..............  0.003 max.            
    Lead...................  0.003 max..............  0.003 max.            
    Others, Each \1\.......  0.05 max...............  0.05 max.             
    Others, Total \1\......  0.15 max...............  0.15 max.             
    Aluminum...............  Remainder..............  Remainder.            
    ------------------------------------------------------------------------
    \1\ Analysis is made only for the elements for which specific limits are
      shown, except for unalloyed aluminum. If, however, the presence of    
      other elements is indicated to be in excess of specified limits,      
      further analysis is made to determine that these other elements are   
      not in excess of the amount specified. (Aluminum Association Standards
      and Data--Sixth Edition 1979).                                        
    
    * * * * *
        S5.4.1  Type 1 Containers.
        (a) * * *
        (b) For minimum wall thickness calculations, the following formula 
    is used:
    [GRAPHIC][TIFF OMITTED]TR24JY95.004
    
        Where:
        S = Wall stress in MPa (psi).
        P = Minimum hydrostatic test pressure in Mpa (psi).
        D = Outside diameter in mm (inches).
        d = Inside diameter in mm (inches).
    * * * * *
        S5.5.1  Compute stresses in the liner and composite reinforcement 
    using National Aeronautics and Space Administration (NASA), Computer 
    Program for the Analysis of Filament Reinforced Metal-Wound Pressure 
    
    [[Page 37844]]
    Vessels, N67-12097 (NASA CR-72124) (May 1966), or its equivalent.
    * * * * *
        S7.2.2  Each Type 2, Type 3, or Type 4 CNG fuel container shall not 
    leak when subjected to burst pressure and tested in accordance with 
    S8.2. Burst pressure shall be no less than the value necessary to meet 
    the stress ratio requirements of Table 3, when analyzed in accordance 
    with the requirements of S5.5.1.
    
                           Table Three.--Stress Ratios                      
    ------------------------------------------------------------------------
                     Material                    Type 2    Type 3    Type 4 
    ------------------------------------------------------------------------
    E-Glass...................................      2.65       3.5       3.5
    S-Glass...................................      2.65       3.5       3.5
    Aramid....................................      2.25       3.0       3.0
    Carbon....................................      2.25      2.25      2.25
    ------------------------------------------------------------------------
    
    * * * * *
        S7.4. Labeling. Each CNG fuel container shall be permanently 
    labeled with the information specified in paragraphs (a) through (d). 
    Any label affixed to the container in compliance with this section 
    shall remain in place and be legible for the manufacturer's recommended 
    life of the container. The information specified in paragraphs (a) 
    through (d) of this section shall be in English and in letters and 
    numbers that are at least 6.35 mm (0.25 inch).
        (a) The statement: ``If there is a question about the proper use, 
    installation, or maintenance of this container, contact ____________.'' 
    inserting the CNG fuel container manufacturer's name, address, and 
    telephone number.
        (b) The statement: ``Manufactured in ____________.'' inserting the 
    month and year of manufacture of the CNG fuel container.
        (c) Service Pressure ________ kPa (________psig).
        (d) The symbol DOT, constituting a certification by the CNG 
    container manufacturer that the container complies with all 
    requirements of this standard.
    * * * * *
        S8.1.3  The cycling rate for S8.1.1 and S8.1.2 shall be any value 
    up to and including 10 cycles per minute.
    * * * * *
        S8.2.2  The pressurization rate throughout the test shall be any 
    value up to and including 1,379 kPa (200 psi) per second.
    * * * * *
        S8.3.10  The average wind velocity at the container is any velocity 
    up to and including 2.24 meters/second (5 mph).
    * * * * *
        Issued on July 18, 1995.
    Ricardo Martinez,
    Administrator.
    [FR Doc. 95-18109 Filed 7-19-95; 2:09 pm]
    BILLING CODE 4910-59-P
    
    

Document Information

Published:
07/24/1995
Department:
National Highway Traffic Safety Administration
Entry Type:
Rule
Action:
Final rule, petitions for reconsideration.
Document Number:
95-18109
Pages:
37835-37844 (10 pages)
Docket Numbers:
Docket No. 93-02, Notice 10
RINs:
2127-AF47
PDF File:
95-18109.pdf
CFR: (2)
49 CFR 571.5
49 CFR 571.304