[Federal Register: September 3, 2003 (Volume 68, Number 170)]
[Rules and Regulations]
[Page 52363-52372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se03-13]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 172, 178, and 180
[Docket No. RSPA-98-3554 (HM-213)]
RIN 2137-AC90
Hazardous Materials: Requirements for Cargo Tanks
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; response to appeals.
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SUMMARY: On April 18, 2003, the Research and Special Programs
Administration published a final rule under Docket No. RSPA-98-3554
(HM-213) to update and clarify requirements in the Hazardous Materials
Regulations applicable to construction and maintenance of cargo tank
motor vehicles. In response to appeals submitted by persons affected by
the April 18, 2003 final rule, this final rule amends certain
requirements and makes minor editorial corrections.
DATES: Effective Date: This final rule is effective October 1, 2003.
Voluntary Compliance Date: Voluntary compliance is authorized as of
September 3, 2003.
FOR FURTHER INFORMATION CONTACT: Mr. Philip Olson, Office of Hazardous
Materials Technology, RSPA, telephone (202) 366-4504; Ms. Susan Gorsky,
Hazardous Materials Standards, RSPA, telephone (202) 366-8553; or Mr.
Danny Shelton, Office of Enforcement and Program Delivery, Hazardous
Materials Division, Federal Motor Carrier Safety Administration
(FMCSA), telephone (202) 366-6121.
SUPPLEMENTARY INFORMATION:
I. Background
On April 18, 2003, the Research and Special Programs Administration
(RSPA; we) published a final rule (68 FR 19258) that revised
requirements in the Hazardous Materials Regulations (HMR; 49 CFR parts
171-180) for cargo tank design, qualification, maintenance, and use.
Specifically, the final rule:
[sbull] Revised the definitions of ``Design Certifying Engineer''
and ``Registered Inspector'' to allow experienced persons without
degrees to qualify;
[sbull] Permitted cargo tank owners to re-certify cargo tanks to
their original specifications;
[sbull] Revised minimum road clearance and bottom damage protection
requirements for certain cargo tank motor vehicles;
[sbull] Clarified current requirements for using the EPA Method 27
leakage test as an alternative to the HMR leak test requirements;
[sbull] Revised certain requirements applicable to MC 331 and MC
338 cargo tanks for consistency with regulations applicable to the more
recently adopted MC 400 series cargo tanks;
[sbull] Required MC 338 cargo tanks to be equipped with a means of
thermal activation for automatically closing the internal self-closing
stop valve in the event of a fire;
[sbull] Clarified cargo tank test and inspection requirements and
relaxes the leakage test requirement for cargo tanks in anhydrous
ammonia service; and
[sbull] Eliminated redundant or unnecessary regulations.
In addition, the April 18 final rule revised the HMR to address
three recommendations from the National Transportation Safety Board
(NTSB):
[sbull] Consistent with Recommendation H-90-91, the April 18 final
rule
[[Page 52364]]
required controls for internal shut-off valves for the discharge system
to be installed at remote locations on all newly constructed and
currently authorized MC 330, MC 331, and MC 338 specification cargo
tanks. Cargo tanks currently in hazardous materials service must be
retrofitted with on-truck remote shut-off controls over a three-year
period.
[sbull] Consistent with Recommendation H-93-94, the April 18 final
rule required all manually activated on-truck remote shutoff devices
for closure of the internal valve to be marked ``Emergency Shutoff.''
[sbull] Consistent with Recommendation H-95-14, the April 18 final
rule required thickness testing of ring stiffeners and appurtenances on
cargo tanks that are constructed of mild steel, high-strength, low-
alloy steel, or aluminum, when the ring stiffeners and appurtenances
are installed in a manner that precludes an external visual inspection.
The April 18 final rule effective date is October 30, 2003;
voluntary compliance is authorized as of May 18, 2003.
II. Appeals
Six organizations submitted appeals to the April 18 final rule in
accordance with 49 CFR Part 106: the Compressed Gas Association, Inc.
(CGA); the National Propane Gas Association (NPGA); Container
Technology, Inc. (Container Technology); the National Tank Truck
Carriers, Inc. (NTTC); Baltimore Cargo Tank Service, Inc. (Baltimore
Tank); and Fisher Controls (Fisher). The appellants express concern
about several revisions included in the final rule; two appellants ask
for an extension to the effective date of the final rule. The issues
raised by the appellants are discussed in detail below.
A. Appeals Granted
Section 178.320--Definitions. The April 18 final rule revised the
definition of ``cargo tank.'' NTTC requests that we consider further
modifying the definition to indicate that a cargo tank may be used for
the transportation of solids and semi-solids, in addition to liquids or
gases. NTTC explains that, in today's operating environment, cargo
tanks are used routinely to transport materials that may be tendered as
solids (such as powders) and slurries (semi-solids). Many such loads,
especially environmentally sensitive materials, are subject to the HMR.
We agree; in this final rule we are modifying the definition of ``cargo
tank'' to include solids and semi-solids among the materials for which
a cargo tank may be used for transportation.
The April 18 final rule adopted definitions for ``sacrificial
device'' and ``shear section'' that were developed for the DOT 400
series cargo tanks and made the definitions generally applicable to all
cargo tanks. NPGA objects to the new definitions, stating that because
of ``substantial'' differences in design, construction, use and
pressure conditions, the definitions for the DOT 400 series cargo tanks
are not directly transferable to MC 331 cargo tanks. We agree that the
issue requires further analysis and that, until such analysis is
complete, the definitions for ``sacrificial device'' and ``shear
section'' originally adopted for the DOT 400 series cargo tanks should
not be applied to MC 331 cargo tanks. Therefore, in this final rule, we
are deleting the definitions from Sec. 178.320, which establishes
requirements applicable to all DOT specification cargo tank motor
vehicles, and placing them in Sec. 178.345-1(c), which sets forth
general requirements applicable to DOT 406, DOT 407, and DOT 412 cargo
tank motor vehicles. We will consider addressing this issue in a
subsequent rulemaking.
The April 18 final rule adopted a definition for ``shear section''
to mean a sacrificial device fabricated to reduce the wall thickness of
the adjacent piping or valve material by at least 30 percent. Based on
this definition, the April 18 final rule revised Sec. 178.337-10(f)(2)
to require a shear section to break at no more than 70 percent of the
load that would be required to cause the failure of the protected
lading retention device, part, or wall. NPGA suggests that this
requirement would necessitate a complete and costly redesign of valves
used as sacrificial devices. Therefore, in this final rule we are
revising Sec. 178.337-10(f)(2) to remove the requirement adopted in
the April 18 final rule for a shear section to break at no more than 70
percent of the load that would be required to cause the failure of the
protected lading retention device, part, or wall.
Section 178.320--Design certification. The April 18 final rule
revised Sec. 178.320(b)(1) to require accident damage protection
devices to be certified by a Design Certifying Engineer (DCE). NPGA,
Fisher, and Baltimore Tank note that, since the term ``accident damage
protection devices'' is not defined, it could be misinterpreted to
include component valves, particularly if the component valve includes
a shear section. NPGA and Fisher request that we define ``accident
damage protection devices.'' We agree. In this final rule, we are
adding a sentence to Sec. 178.320(b)(1) to clarify that the term
``accident damage protection devices,'' means rear-end protection,
overturn protection, and piping protection devices.
Baltimore Tank suggests that, as drafted, Sec. 178.320(b)(1) could
be interpreted to require a DCE certification of an accident damage
protection device design on its own--that is, independent of the cargo
tank motor vehicle to which it is attached. This was not our intent. In
this final rule, we are revising the section as suggested by Baltimore
Tank.
Section 178.337-9--Use of stainless steel for internal cargo tank
components. The April 18 final rule adopted a provision in Sec.
178.337-9(b)(2) to prohibit the use of stainless steel for internal
components of a cargo tank, such as shutoff discs and springs. NPGA and
Container Technology appealed this provision, suggesting that it is
overly restrictive and that stainless steel should be permitted for
internal components where it is not incompatible with the lading. We
agree and are making the appropriate revision in this final rule.
CGA also appealed the April 18 final rule provision in Sec.
178.337-9(b)(2). CGA's concern is that the final rule requires
malleable steel, stainless steel, or ductile iron to be used to
construct primary valves and fittings used in liquid filling or vapor
equalization. CGA points out that malleable metal, including brass, is
safely used for fittings on cargo tanks used to transport carbon
dioxide. We agree; this revision in Sec. 178.337-9(b)(2) was
inadvertent. In this final rule, we are revising this provision to
require malleable metal, stainless steel, or ductile iron to be used to
construct primary valves and fittings.
In addition, in this final rule we are revising Sec. 178.337-
9(b)(2) to make an editorial change suggested by NPGA. The phrase
``except for sacrificial devices'' should be part of the second
sentence in this section, not the third sentence.
Section 178.337-10--Rear end protection. The April 18 final rule
adopted rear end protection requirements originally developed for DOT
400 series cargo tanks as an option for MC 331 cargo tanks. In
paragraph (c)(1) of Sec. 178.337-10, the final rule requires rear end
bumper dimensions to meet the requirements in 49 CFR 393.86 and extend
vertically to a height that is adequate to protect all valves and
fittings located at the read of the cargo tank. NPGA notes that certain
MC 331 cargo tanks used to transport propane have a pressure gauge in a
fitting located at the center of the rear cargo tank head
[[Page 52365]]
and suggests that, if read literally, the new requirement could require
the rear bumper to extend past the center of the rear head. This was
not our intent. In this final rule, we are revising the requirement as
suggested by NPGA.
Section 178.337-17--Marking. The April 18 final rule requires a
name plate on an MC 331 cargo tank to include information about the
weld material used on the cargo tank. Container Technology and NPGA
suggest that this is unnecessary and that MC 331 cargo tanks typically
incorporate several different weld methods and materials. Both
appellants suggest that this requirement be deleted. We agree that the
requirement is unnecessary. In this final rule, it is deleted from the
requirements for information to be included on an MC 331 cargo tank
name plate.
The April 18 final rule requires a name plate to include an
indication of the pressure to which the cargo tank was tested during
its manufacture. NPGA recommends that this mark be deleted, stating
that it is not clear how this information will assist operators and
enforcement officials. We agree that the original test pressure number
is of little value and could create confusion for operators when
determining the pressure to which a cargo tank must be retested in
accordance with Sec. 180.407(g). In this final rule, therefore, the
requirement to include a cargo tank's original test pressure on the
name plate is removed.
The April 18 final rule also included a requirement for a
specification plate on an MC 331 cargo tank to include the maximum
loading and unloading rates. NPGA notes that this was not proposed in
the HM-213 NPRM nor were the reasons for including the information on
the specification plate discussed in the preamble to the final rule.
NPGA suggests that the requirement should therefore be deleted. We
agree; in this final rule, the requirement for including maximum
loading and unloading rates on an MC 331 specification plate is
deleted.
Section 180.405--Recertification of MC 306, MC 307 or MC 312 CTMVs.
The April 18 final rule included a provision permitting a cargo tank
originally manufactured to the MC 306, MC 307, or MC 312 specification,
unless the cargo tank has been stretched, rebarrelled, or modified, to
be recertified to its original certification provided certain
conditions are met (see Sec. 180.405(b)(2)). Baltimore Tank appealed
this provision of the final rule, suggesting that rebarrelled,
stretched, or modified MC 306, MC 307, or MC 312 cargo tanks should be
treated in the same manner as unmodified cargo tanks and permitted to
be recertified provided appropriate records are available to verify the
original certifications.
Modifications to non-specification cargo tanks, which includes
``decertified'' cargo tanks that no longer meet a specification
standard, need not be performed in accordance with the standards set
forth in Part 180. Our concern in limiting the exception in Sec.
180.405(b)(2) to cargo tanks that have not been stretched, rebarrelled,
or modified was to prevent a ``decertified'' tank that was modified
without reference to the Part 180 regulations from being recertified as
a specification cargo tank. However, we agree with Baltimore Tank that
if the operator can provide documentation to verify that a cargo tank
originally built to an MC 306, MC 307, or MC 312 specification was
stretched, rebarrelled, or modified in accordance with the procedures
in Part 180 and the National Board Inspection Code, then the cargo tank
may be recertified to its original specification under the same
conditions as for unmodified MC 306, MC 307, or MC 312 cargo tanks. In
this final rule, we are revising Sec. 180.405(b) to permit modified MC
306, MC 307, and MC 312 cargo tanks to be recertified to their original
specification under certain conditions.
Section 180.413--Leak testing. The April 18 final rule revised
paragraph (c) in Sec. 180.413 to clarify leak test requirements
performed after maintenance or replacement of piping, hose, valves, or
fittings that does not involve welding. The revised paragraph (c)
requires a leak test to be performed at not less than 80 percent of the
design pressure marked on the cargo tank. NPGA appealed this provision,
noting that Sec. 180.407(h)(1)(i) permits an MC 330 or MC 331 cargo
tank in dedicated liquefied petroleum gas service to be leak tested at
not less than 60 psig (414 kPa) and that the requirement adopted in the
April 18 final rule greatly exceeds the 60 psig leak test exception for
LPG tanks. NPGA states that the leak test requirement adopted in the
final rule will place a significant burden on the propane industry and
will be very disruptive to propane distribution operations. NPGA
suggests that we revise Sec. 180.413(c) to permit the leak test
required after maintenance or replacement operations that do not
require welding to be performed at 60 pisg (414 kPa). We agree; this
final rule revises Sec. 180.413(c)(1) to permit the leak test to be
performed in accordance with Sec. 180.407(h)(1).
B. Appeals Denied
Definition of ``manufacturer.'' Fisher and NPGA ask us to
reconsider the definition in the HMR for ``manufacturer'' in Sec.
178.320 of the HMR. The NPRM did not propose nor did the final rule
adopt a revision of this definition. The Fisher and NPGA appeals are
thus beyond the scope of this rulemaking and are denied. We will
address the definition in a subsequent rulemaking and seek comment on
any proposed changes to the definition.
Remote controls for internal self-closing shutoff valves. The April
18 final rule adopted a requirement for all newly constructed and
currently authorized MC 338 cargo tank motor vehicles (CTMVs) to be
equipped with a means of thermal activation for closing the internal
self-closing stop valve, except for cargo tanks used to transport
argon, carbon dioxide, helium, krypton, neon, nitrogen, xenon, or
mixtures thereof; tanks currently in service must be retrofitted by
October 2, 2006. CGA appealed this provision of the final rule with
respect to MC 338 cargo tanks used to transport non-flammable ladings;
CGA suggests that that this is a ``very expensive'' modification for MC
338 cargo tanks because installation of the remote controls requires
modifications to piping in addition to installation of a valve. CGA
asks that we reinstate the grandfather provision excepting MC 338 CTMVs
constructed prior to 1995 and used to transport non-flammable ladings
from the requirement for a means of thermal activation for closing the
internal self-closing stop valve.
As discussed in the preamble to the NPRM, this provision reflects
discussions conducted by a negotiated rulemaking committee established
under Docket No. RSPA-97-2718 (HM-225A). The committee agreed that
fusible elements, which provide a heat-activated means for closing a
valve, convey a significant safety benefit, and we adopted a
requirement for all MC 331 cargo tanks to be so equipped in the HM-225A
final rule. The provision applicable to MC 338 cargo tanks adopted in
the HM-213 final rule is consistent with the requirements for MC 331
tanks; moreover, we do not agree that installation of fusible elements
on MC 338 cargo tanks will be prohibitively expensive. We estimate that
the retrofit provision in the final rule will affect about 100 MC 338
CTMVs, at a cost per vehicle of about $200. For these reasons, the CGA
appeal of the final rule provisions concerning installation of fusible
links on MC 338 cargo tanks is denied.
[[Page 52366]]
Maximum lading density marking. The April 18 final rule requires
the name plate on an MC 331 cargo tank to include an indication of the
maximum density of lading in pounds per gallon (Sec. 178.337-
17(b)(7)). Container Technology and NPGA appealed this provision of the
final rule. NPGA states that the marking serves no purpose; Container
Technology asserts that lading density is not necessary for compliance
with structural integrity requirements and that the mark limits an
operator's flexibility to use an MC 331 cargo tank to transport a
variety of ladings with different densities.
We do not agree that the mark serves no purpose nor do we agree
that it limits an operator's flexibility. A cargo tank is usually
designed with a specific lading or ladings in mind. An indication of
the maximum lading density that may safely be transported in a cargo
tank helps an operator determine whether the cargo tank should be used
to transport a specific cargo. The mark is meant to convey the density
for the heaviest lading possible to be transported in the cargo tank
based on the structural design calculations for the tank. An operator
is free to transport lading for which the maximum density is less than
the mark indicated on the name plate or to transport smaller amounts of
a lading for which the maximum density is greater than the mark
indicated on the name plate. For these reasons, the Container
Technology and NPGA appeals of this provision in the April 18 final
rule are denied.
Original Test Date Marking. The April 18 final rule requires the
name plate to include the original test date for the cargo tank. NPGA
suggests that the mark could cause confusion for enforcement personnel
and recommends that it be deleted. We disagree that the mark should be
deleted. The original test date is the date the cargo tank manufacturer
performed the tests required under Part 178 to assure that the cargo
tank meets applicable design specifications. Thus, the original test
date is the date that the cargo tank is certified to meet the
specification to which it was designed. Including the original test
date on the name plate enables the owner and/or operator of the cargo
tank and enforcement personnel easily to identify specific requirements
applicable to the tank's design and manufacture, without having to go
back to the certification documentation provided by the cargo tank
manufacturer. The marking of the original test date is in keeping with
the intent of the regulations to help clarify marking requirements for
all cargo tanks and, taken in whole with the definitions adopted in the
HM-213 final rule, should not be confusing. For these reasons, the NPGA
appeal of this provision in the April 18 final rule is denied.
Pressure greater than MAWP. The April 18 final rule revised Sec.
180.407(a)(2) to clarify that a cargo tank may not be subjected to a
pressure greater than its design pressure or maximum allowable work
pressure (MAWP) except during a pressure test; the revision removed an
exception from this general requirement for loading and unloading
operations. CGA appealed this provision of the final rule, stating
that, as rewritten, it conflicts with other provisions of the HMR. CGA,
citing Sec. 173.318(b)(4)(i), states that, during pressure transfers,
an operator may raise the pressure in an MC 338 cargo tank to exceed
the tank's MAWP, but not to exceed the set-to-discharge setting of the
tank's pressure relief device.
Section 173.318 sets forth requirements for pressure relief devices
on cargo tanks used to transport cryogenic liquids. Paragraph (b)(4)(i)
of this section establishes the set-to-discharge setting for pressure
relief devices--each pressure relief valve in the primary relief system
must be set at a pressure no higher than 110% of the cargo tank's
design pressure. This setting provides a tolerance level for the
pressure relief system to account for small temporary increases in
pressure because of temperature or other variances. The set-to-
discharge setting does not mean that the pressure in the cargo tank may
safely be raised to a level just below the set-to-discharge setting of
the pressure relief devices if that level exceeds the MAWP of the tank.
Section 173.33(c) establishes maximum lading pressures for materials
transported in CTMVs. Specifically with respect to cryogenic liquids,
Sec. 173.33(c) states that the MAWP of a cargo tank must be greater
than or equal to the pressures prescribed in Sec. 173.318. Thus, the
MAWP of the cargo tank must be greater than or equal to the set-to-
discharge pressure for a pressure relief device in Sec.
173.318(b)(4)(i). At no time, except during pressure tests, may the
pressure in a cargo tank exceed its MAWP. The revision to Sec.
180.407(a)(2) was made to clarify this point. For these reasons, the
CGA appeal of this provision of the April 18 final rule is denied.
Periodic inspection of insulated cargo tanks. In Sec.
180.407(d)(1), the April 18 final rule clarified requirements for
inspection and testing of insulated cargo tanks where insulation
precludes external and/or internal visual inspections. The final rule
did not change current requirements for inspection and testing of such
tanks; it merely clarified the requirements to make them easier to
understand. CGA appealed this provision of the final rule, suggesting
that it reduced the interval for conducting internal inspections and
pressure tests on MC 331 cargo tanks from 5 years to one year and that
such a change is not warranted. This is incorrect; the NPRM did not
propose nor did the final rule adopt a provision to change the pressure
test interval for MC 331 cargo tanks. The final rule includes a
provision to permit operators of insulated MC 330, MC 331, and MC 338
cargo tanks equipped with manholes or inspection openings to perform an
internal visual inspection or a pressure test in conjunction with the
required annual external visual inspection (see Note 4 to the table in
Sec. 180.407 (c)). The pressure test performed in conjunction with the
annual external visual inspection requires only that the cargo tank be
pressurized to the level indicated in the table in Sec.
180.407(g)(1)(iv); the operator is not required to complete every
element of the pressure test set forth in Sec. 180.407(g). The
interval for performing a complete pressure test of an MC 331 cargo
tank in accordance with Sec. 180.407(g) remains 5 years. The CGA
appeal of the April 18 final rule provision in Sec. 180.407(d) is
therefore denied.
Use of ``weep holes'' in mounting pads. Baltimore Tank wants the
HMR to require the use of ``weep holes'' for mounting pads. The NPRM
did not propose nor did the final rule adopt any change to the current
requirements for ``weep holes'' in mounting pads. Baltimore Tank's
appeal on this issue is beyond the scope of the HM-213 rulemaking and
is, therefore, denied.
Modification, stretching, or rebarrelling of a cargo tank. The
April 18 final rule revised the provisions in Sec. 180.413(d)
concerning modification, stretching, or rebarrelling of cargo tanks.
Among other requirements, the revision requires a modified, stretched,
or rebarrelled CTMV to be certified by a DCE to meet the structural
integrity and accident damage protection requirements of the applicable
specification. Baltimore Tank appealed this provision of the final
rule, suggesting that modifications to a cargo tank may or may not
affect the design of the CTMV and recommending changes to the final
rule to clarify when recertification of the modified cargo tank is
required and when recertification of the CTMV is required.
For purposes of the HMR, a ``cargo tank motor vehicle'' or CTMV is
a motor vehicle with one or more cargo tanks
[[Page 52367]]
permanently attached to or forming an integral part of the motor
vehicle. A ``modification'' is any change to the original design and
construction of a cargo tank or a CTMV that affects its structural
integrity or lading retention capability (see Sec. 180.403).
``Stretching'' is a change in the width, length, or diameter of a cargo
tank or any change to a CTMV's undercarriage that may affect the cargo
tank's structural integrity. Modifying, stretching, or rebarrelling a
cargo tank affects the design of the CTMV because the cargo tank is
part of the CTMV; thus, whenever a cargo tank is modified, stretched,
or rebarrelled, the complete CTMV must be recertified by a DCE. For
this reason, Baltimore Tank's appeal of this provision is denied.
Damage to a cargo tank requiring pressure testing. The April 18
final rule restated the current requirement in Sec. 180.407(b)(2) that
a cargo tank that has been damaged to an extent that may adversely
affect its lading retention capability must be inspected and tested in
accordance with Sec. 180.407, including the pressure test requirements
in paragraph (g), prior to its return to service. The final rule did
not change current requirements for testing damaged tanks; paragraph
(b)(2) makes explicit the previous requirement that a cargo tank that
has been damaged to an extent that may adversely affect its lading
retention capability must be pressure tested in accordance with
paragraph (g). Baltimore Tank appealed this provision of the final
rule, suggesting that the full pressure test procedure as set forth in
paragraph (g) is not necessary to ascertain if a damaged tank may be
returned to service. This provision of the April 18 final rule made no
changes to the long-standing requirements for inspection and testing of
damaged cargo tanks. Baltimore Tank's appeal is beyond the scope of the
HM-213 rulemaking and is, therefore, denied.
Test/Inspection reports. The April 18 final rule amended paragraph
(b) of Sec. 180.417 to revise the information that must be included on
test and inspection reports. Baltimore Tank appealed this provision on
several grounds. First, Baltimore Tank suggests that operators of MC
306 and MC 307 tanks will have difficulty providing the required
information concerning the minimum thickness of the cargo tank shell
and heads (see Sec. 180.417(b)(1)(v)) because such information does
not typically appear on the tanks' specification plates or
manufacturing documents; Baltimore Tank further states that minimum
thickness measurements are rarely needed for MC 306 and MC 307 cargo
tanks. We disagree. Corroded or abraded areas of a cargo tank
discovered during an external visual inspection, internal visual
inspection, or lining inspection must be thickness tested; thus, a
cargo tank almost certainly will be subjected to thickness testing at
some point during its operating life. There is no point in conducting a
thickness test of a corroded or abraded area if there is no number to
which the thickness of the corroded or abraded area can be compared.
The operator of an MC 306 or MC 307 cargo tank, working with a
Registered Inspector, should be able to determine the minimum thickness
of the cargo tank and enter this information on the inspection report.
In this final rule, however, we are clarifying that an inspection
report need only include an indication of the minimum thickness of the
cargo tank shell and heads on test and inspection reports documenting
that a thickness test has been performed for any reason on any area of
the tank shell or heads.
Baltimore Tank also appealed the provision in Sec.
180.417(b)(2)(iii), which requires the test or inspection report to
list all items tested or inspected, suggesting that an item count for a
multi-compartment MC 306 or DOT 406 CTMV in petroleum service would
total in the hundreds and, further, that the items checked would not be
the same from tank to tank. Baltimore Tank recommends that we reduce
the amount of information required by this section. We disagree that
this is an onerous or burdensome requirement. The requirement for a
test/inspection report to list all items tested or inspected is not
new; current Sec. 180.417(b)(i) includes the same requirement. The
August 18 final rule added to this section a list of examples of
information that must be included on the test/inspection report, such
as information about pressure relief devices, upper coupler assemblies,
and leakage and pressure testing. An operator may use a checklist. In
addition, an operator may group items--for example, rather than list
every item inspected individually, an operator may choose to list items
by category. Further, the list of information required on a test or
inspection report will vary depending on the inspection or test
conducted; all the information listed will not appear on every test or
inspection report. For these reasons, Baltimore Tank's appeal of the
test and inspection report provisions of the HM-213 final rule is
denied.
Final rule effective date. The April 18 final rule is effective
October 1, 2003. NPGA and Container Technology request reconsideration
of the effective date; they state that some of the provisions of the
April 18 final rule will necessitate extensive and complex redesign of
certain components of CTMVs. We disagree. The provisions at issue in
the NPGA request for reconsideration of the effective date are modified
in this final rule (see ``Appeals Granted'' section above); the
clarifications requested by Container Technology are addressed in this
preamble (see ``Clarifications'' section below). The April 18 final
rule included extended compliance dates for certain provisions,
including the retrofit and certain marking requirements, of from one to
three years. For these reasons, the NPGA and Container Technologies
appeals of the effective date are denied.
C. Corrections
In addition to the revisions described above, this final rule also
makes the following corrections to the final rule published April 18:
1. Corrects several typographical errors in the Hazardous Materials
Table in Sec. 172.101 and minor typographical errors in Sec. Sec.
178.337-3, 178.337-17, 178.338-10, 180.407, 180.415, and 180.417.
2. Inserts the definition for ``manufacturer'' that was
inadvertently omitted from Sec. 178.320(a).
3. Corrects an inadvertent omission in Sec. 178.347-1. In the
preamble to the HM-213 final rule, we agreed with a commenter to add
paragraph UW-12 to the list of exceptions in paragraph (d)(8), but did
not do so in the regulatory text.
D. Clarifications
Container Technologies requested a clarification as to whether, for
purposes of pad design, accident damage protection devices should be
considered as structures or appurtenances. Accident damage prevention
devices are structures. A rear-end damage protection device, such as a
bumper, typically is attached to the CTMV chassis or suspension
component, not directly to the cargo tank wall. Overturn damage
protection devices typically are welded directly to the cargo tank
wall.
III. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not a significant action under section 3(f) of
Executive Order 12866 and was not reviewed by the Office of Management
and Budget. This final rule is not a significant action under DOT's
Regulatory Policies and Procedures. The revisions adopted in this final
rule do not alter the cost-benefit analysis and conclusions
[[Page 52368]]
contained in the Regulatory Evaluation prepared for the April 18, 2003
final rule. The Regulatory Evaluation is available for review in the
public docket for this rulemaking.
B. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule preempts state, local, and Indian tribe requirements but
does not propose any regulation that has substantial direct effects on
the states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
The Federal hazardous materials transportation law, 49 U.S.C. 5101-
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:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule addresses covered subject item (5) above and
preempts state, local, and Indian tribe requirements not meeting the
``substantively the same'' standard.
Federal hazardous materials transportation law provides at Sec.
5125(b)(2) that, if DOT issues a regulation concerning any of the
covered subjects, DOT 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.
The effective date of Federal preemption is 90 days from the date of
publication of this final rule.
C. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply and a tribal summary impact statement is not
required.
D. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601-612) requires each
agency to analyze proposed regulations and assess their impact on small
businesses and other small entities to determine whether the proposed
rule is expected to have a significant impact on a substantial number
of small entities. The revisions adopted in this final rule do not
alter the cost-benefit analysis and conclusions contained in the
Regulatory Evaluation prepared for the April 18, 2003 final rule. Based
on the assessment in the regulatory evaluation, I certify that, while
this final rule applies to a substantial number of small entities, the
economic impact on those small entities is not significant.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.
E. Paperwork Reduction Act
This final rule does not impose new information collection
requirements.
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 number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
G. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to state, local, or Tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
H. Environmental Assessment
The environmental assessment prepared for the April 18, 2003 final
rule can be found in the public docket for this rulemaking. The
revisions adopted in this final rule are relatively minor and, thus, do
not alter the conclusions contained in the environmental assessment.
There are no significant environmental impacts associated with this
final rule.
List of Subjects
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labels,
Markings, Packaging and containers, 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, Reporting and recordkeeping
requirements.
0
In consideration of the foregoing, we are making the following
revisions and corrections to rule FR Doc. 03-9070, published on April
18, 2003 (68 FR 19258):
0
1. In the table on page 19275, correct the following entries to read as
follows:
[[Page 52369]]
Sec. 172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel stowage
materials Hazard ---------------------------------------------------------------------------------------------------------------
Symbols descriptions and class or Identification PG Label Codes Special
proper shipping Division Numbers provisions Exceptions Non-Bulk Bulk Passenger Cargo aircraft Location Other
names aircraft/rail only
(1) (2)............... (3) (4).............. (5)............ (6)............... (7)........... (8A).......... (8B).......... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
-----------------
* * * * * * *
Fuel, aviation, 3 UN1863........... I.............. 3................. 144, T11, TP1, 150........... 201........... 243........... 1 L........... 30 L.......... E.............
turbine engine. TP8.
.................. .......... ................. II............. 3................. 144, IB2, T4, 150........... 202........... 242........... 5 L........... 60 L.......... B.............
TP1, TP8.
.................. .......... ................. III............ 3................. 144, B1, IB3, 150........... 203........... 242........... 60 L.......... 220 L......... A.............
T2, TP1.
* * * * * * *
Gas oil........... 3 UN1202........... III............ 3................. 144, B1, IB3, 150........... 203........... 242........... 60 L.......... 220 L......... A.............
T2, TP1.
* * * * * * *
Gasoline.......... 3 UN1203........... II............. 3................. 139, B33, 150........... 202........... 242........... 5 L........... 60 L.......... E.............
B101, T8.
* * * * * * *
Petroleum crude 3 UN1267........... I.............. 3................. 144, T11, TP1, None.......... 201........... 243........... 1 L........... 30 L.......... E.............
oil. TP8.
.................. .......... ................. II............. 3................. 144, IB2, T4, 150........... 202........... 242........... 5 L........... 60 L.......... B.............
TP1, TP8.
.................. .......... ................. II............. 3................. 144, B1, IB3, 150........... 203........... 242........... 60 L.......... 220 L......... A.............
T2, TP1.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 52370]]
0
2. Beginning on page 19277, in the third column, and continuing on page
19278, in paragraph (a) of Sec. 178.320, delete the definitions for
``sacrificial device'' and ``shear section'', revise the definition for
``cargo tank'', and add a definition for ``manufacturer'' in
alphabetical order, to read as follows:
Sec. 178.320 General requirements applicable to all DOT-specification
cargo tank motor vehicles.
(a) * * *
* * * * *
Cargo tank means a bulk packaging that:
(1) Is a tank intended primarily for the carriage of liquids,
gases, solids, or semi-solids and includes appurtenances,
reinforcements, fittings, and closures (for tank, see Sec. Sec.
178.337-1, 178.338-1, or 178.345-1, as applicable);
(2) Is permanently attached to or forms a part of a motor vehicle,
or is not permanently attached to a motor vehicle but that, by reason
of its size, construction, or attachment to a motor vehicle, is loaded
or unloaded without being removed from the motor vehicle; and
(3) Is not fabricated under a specification for cylinders,
intermediate bulk containers, multi-unit tank car tanks, portable
tanks, or tank cars.
* * * * *
Manufacturer means any person engaged in the manufacture of a DOT
specification cargo tank, cargo tank motor vehicle, or cargo tank
equipment that forms part of the cargo tank wall. This term includes
attaching a cargo tank to a motor vehicle or to a motor vehicle
suspension component that involves welding on the cargo tank wall. A
manufacturer must register with the Department in accordance with
subpart F of part 107 in subpart A of this chapter.
* * * * *
0
3. On page 19279, in the first column, revise paragraph (b)(1) of Sec.
178.320, to read as follows:
Sec. 178.320 General requirements applicable to all DOT-specification
cargo tank motor vehicles.
* * * * *
(b) * * * (1) Each cargo tank or cargo tank motor vehicle design
type, including its required accident damage protection device, must be
certified to conform to the specification requirements by a Design
Certifying Engineer who is registered in accordance with subpart F of
part 107 of this title. An accident damage protection device is a rear-
end protection, overturn protection, or piping protection device.
* * * * *
0
4. On page 19279, in the first column, revise paragraph (b)(1) of Sec.
178.337-3 to read as follows:
Sec. 178.337-3 Structural integrity.
* * * * *
(b) Static design and construction. (1) The static design and
construction of each cargo tank must be in accordance with Section
VIII, Division 1 of the ASME Code (incorporated by reference; see Sec.
171.7 of this subchapter). The cargo tank design must include
calculation of stresses generated by design pressure, the weight of
lading, the weight of structure supported by the cargo tank wall, and
the effect of temperature gradients resulting from lading and ambient
temperature extremes. When dissimilar materials are used, their thermal
coefficients must be used in calculation of thermal stresses.
* * * * *
0
5. On page 19279, in the third column, revise paragraph (b)(2) of Sec.
178.337-9, to read as follows:
Sec. 178.337-9 Pressure relief devices, piping, valves, hoses, and
fittings.
* * * * *
(b) * * *
(2) Pipe joints must be threaded, welded, or flanged. If threaded
pipe is used, the pipe and fittings must be Schedule 80 weight or
heavier, except for sacrificial devices. Malleable metal, stainless
steel, or ductile iron must be used in the construction of primary
valve body parts and fittings used in liquid filling or vapor
equalization. Stainless steel may be used for internal components such
as shutoff discs and springs except where incompatible with the lading
to be transported. Where copper tubing is permitted, joints must be
brazed or be of equally strong metal union type. The melting point of
the brazing material may not be lower than 538[deg] C (1,000[deg] F).
The method of joining tubing may not reduce the strength of the tubing.
* * * * *
0
6. On page 19280, in the first column and continuing to the second
column, revise paragraphs (c) and (f) of Sec. 178.337-10, to read as
follows:
Sec. 178.337-10 Accident damage protection.
* * * * *
(c) Rear-end tank protection. Rear-end tank protection devices
must:
(1) Consist of at least one rear bumper designed to protect the
cargo tank and all valves, piping and fittings located at the rear of
the cargo tank from damage that could result in loss of lading in the
event of a rear end collision. The bumper design must transmit the
force of the collision directly to the chassis of the vehicle. The rear
bumper and its attachments to the chassis must be designed to withstand
a load equal to twice the weight of the loaded cargo tank motor vehicle
and attachments, using a safety factor of four based on the tensile
strength of the materials used, with such load being applied
horizontally and parallel to the major axis of the cargo tank. The rear
bumper dimensions must also meet the requirements of Sec. 393.86 of
this title; or
(2) Conform to the requirements of Sec. 178.345-8(d).
* * * * *
(f) Shear section. A shear section or sacrificial device is
required for the valves specified in the following locations:
(1) A section that will break under strain must be provided
adjacent to or outboard of each valve specified in Sec. 178.337-
8(a)(3) and (4).
(2) Each internal self-closing stop valve, excess flow valve, and
check valve must be protected by a shear section or other sacrificial
device. The sacrificial device must be located in the piping system
outboard of the stop valve and within the accident damage protection to
prevent any accidental loss of lading. The failure of the sacrificial
device must leave the protected lading protection device and its
attachment to the cargo tank wall intact and capable of retaining
product.
0
7. On page 19280, in the middle column, and continuing to page 19281,
revise paragraphs (b) and (c) of Sec. 178.337-17, to read as follows:
Sec. 178.337-17 Marking.
* * * * *
(b) Name plate. The following information must be marked on the
name plate in accordance with this section:
(1) DOT-specification number MC 331 (DOT MC 331).
(2) Original test date (Orig. Test Date).
(3) MAWP in psig.
(4) Cargo tank design temperature (Design Temp. Range) ------[deg]F
to ------[deg]F.
(5) Nominal capacity (Water Cap.), in pounds.
(6) Maximum design density of lading (Max. Lading density), in
pounds per gallon.
(7) Material specification number--shell (Shell matl, yyy***),
where ``yyy'' is replaced by the alloy designation and ``***'' is
replaced by the alloy type.
(8) Material specification number--heads (Head matl. yyy***), where
``yyy''
[[Page 52371]]
is replaced by the alloy designation and ``***'' by the alloy type.
(9) Minimum Thickness--shell (Min. Shell-thick), in inches. When
minimum shell thicknesses are not the same for different areas, show
(top----, side----, bottom----, in inches).
(10) Minimum thickness--heads (Min. heads thick.), in inches.
(11) Manufactured thickness--shell (Mfd. Shell thick.), top----,
side----, bottom----, in inches. (Required when additional thickness is
provided for corrosion allowance.)
(12) Manufactured thickness--heads (Mfd. Heads thick.), in inches.
(Required when additional thickness is provided for corrosion
allowance.)
(13) Exposed surface area, in square feet.
Note to paragraph (b): When the shell and head materials are the
same thickness, they may be combined, (Shell&head matl, yyy***).
(c) Specification plate. The following information must be marked
on the specification plate in accordance with this section:
(1) Cargo tank motor vehicle manufacturer (CTMV mfr.).
(2) Cargo tank motor vehicle certification date (CTMV cert. date).
(3) Cargo tank manufacturer (CT mfr.).
(4) Cargo tank date of manufacture (CT date of mfr.), month and
year.
(5) Maximum weight of lading (Max. Payload), in pounds
(6) Lining materials (Lining), if applicable.
(7) Heating system design pressure (Heating sys. press.), in psig,
if applicable.
(8) Heating system design temperature (Heating sys. temp.), in
[deg]F, if applicable.
(9) Cargo tank serial number, assigned by cargo tank manufacturer
(CT serial), if applicable.
Note 1 to paragraph (c): See Sec. 173.315(a) of this chapter
regarding water capacity.
Note 2 to paragraph (c): When the shell and head materials are
the same thickness, they may be combined (Shell & head matl,
yyy***).
* * * * *
0
8. On page 19282, in the first column, revise paragraph (c)(2) of Sec.
178.338-10, to read as follows:
Sec. 178.338-10 Accident damage protection.
* * * * *
(c) * * *
(2) Conform to the requirements of Sec. 178.345-8(b).
* * * * *
0
9. On page 19283, in the third column, in Sec. 178.345-1, revise
paragraph (c) introductory text and the definitions for ``sacrificial
device'' and ``shear section'', to read as follows:
Sec. 178.345-1 General requirements.
* * * * *
(c) Definitions. See Sec. 178.320(a) for the definition of certain
terms used in Sec. Sec. 178.345, 178.346, 178.347, and 178.348. In
addition, the following definitions apply to Sec. Sec. 178.345,
178.346, 178.347, and 178.348:
* * * * *
Sacrificial device means an element, such as a shear section,
designed to fail under a load in order to prevent damage to any lading
retention part or device. The device must break under strain at no more
than 70 percent of the strength of the weakest piping element between
the cargo tank and the sacrificial device. Operation of the sacrificial
device must leave the remaining piping and its attachment to the cargo
tank intact and capable of retaining lading.
* * * * *
Shear section means a sacrificial device fabricated in such a
manner as to abruptly reduce the wall thickness of the adjacent piping
or valve material by at least 30 percent.
* * * * *
0
10. On page 19284, in the third column, correct paragraphs (c)(4) and
(c)(7) of Sec. 178.345-14, to read as follows:
Sec. 178.345-14 Marking.
* * * * *
(c) * * *
(4) Cargo tank date of manufacture (CT date of mfr.), month and
year.
* * * * *
(7) Maximum unloading rate in gallons per minute (Max. Unload
rate).
* * * * *
0
11. On page 19285, in the middle column, add paragraph (d)(8) to Sec.
178.347-1, to read as follows:
Sec. 178.347-1 General requirements.
* * * * *
(d) * * *
(8) The following paragraphs in parts UG and UW of the ASME Code,
Section VIII, Division I do not apply: UG-11, UG-12, UG-22(g), UG-
32(e), UG-34, UG-35, UG-44, UG-76, UG-77, UG-80, UG-81, UG-96, UG-97,
UW-12, UW-13(b)(2), UW-13.1(f), and the dimensional requirements found
in Figure UW-13.1.
* * * * *
0
12. On page 19286, beginning in the first column and continuing to the
middle column, revise paragraph (b)(2) in Sec. 180.405 to read as
follows:
Sec. 180.405 Qualification of cargo tanks.
* * * * *
(b) * * *
(2) Exception. A cargo tank originally manufactured to the MC 306,
MC 307, or MC 312 specification may be recertified to the original
specification provided:
(i) Records are available verifying the cargo tank was originally
manufactured to the specification;
(ii) If the cargo tank was stretched, rebarrelled, or modified,
records are available verifying that the stretching, rebarrelling, or
modification was performed in accordance with the National Board
Inspection Code and this part;
(iii) A Design Certifying Engineer or Registered Inspector verifies
the cargo tank conforms to all applicable requirements of the original
specification and furnishes to the owner written documentation that
verifies the tank conforms to the original structural design
requirements in effect at the time the tank was originally constructed;
(iv) The cargo tank meets all applicable tests and inspections
required by Sec. 180.407(c); and
(v) The cargo tank is recertified to the original specification in
accordance with the reporting and record retention provisions of Sec.
180.417. The certification documents required by Sec. 180.417(a)(3)
must include both the date the cargo tank was originally certified to
the specification and the date it was recertified. The specification
plate on the cargo tank or the cargo tank motor vehicle must display
the date the cargo tank was originally certified to the specification.
* * * * *
0
13. On page 19286, in the third column, correct amendatory instruction
number 52(c) to read as follows:
52. * * *
(c) Paragraphs (a)(2), (b)(1), (b)(2), (c), (d)(1), (g)(1)(ii),
(g)(1)(iv) introductory text, (g)(4), (h)(1) introductory text, (h)(2),
(i)(5) introductory text, titles and column headings to Tables I and II
in (i)(5) and (i)(6) are revised.
* * * * *
Sec. 180.407 [Amended]
0
14. On page 19288, make the following corrections to the tables in
paragraph (i)(5) of Sec. 180.407:
a. Correct the title to Table I to read ``TABLE I.--IN-SERVICE
MINIMUM THICKNESS FOR MC 300, MC 303, MC 304, MC 306, MC 307, MC 310,
MC 311, AND MC 312 SPECIFICATION CARGO TANKS CONSTRUCTED OF STEEL AND
STEEL ALLOYS''.
[[Page 52372]]
b. Correct the title to Table II to read ``TABLE II.--IN-SERVICE
MINIMUM THICKNESS FOR MC 301, MC 302, MC 304, MC 305, MC 306, MC 307,
MC 311, AND MC 312 SPECIFICATION CARGO TANKS CONSTRUCTED OF ALUMINUM
AND ALUMINUM ALLOYS''.
0
15. On page 19289, in the middle column, revise paragraph (c)(1) of
Sec. 180.413 to read as follows:
Sec. 180.413 Repair, modification, stretching, rebarrelling, or
mounting of specification cargo tanks.
* * * * *
(c) * * *
(1) After maintenance or replacement that does not involve welding
on the cargo tank wall, the repaired or replaced piping, valve, hose,
or fitting must be tested for leaks. This requirement is met when the
piping, valve, hose, or fitting is tested after installation in
accordance with Sec. 180.407(h)(1). A hose may be tested before or
after installation on the cargo tank.
* * * * *
0
16. On page 19290, in the middle column, correct the paragraph
``Examples to paragraph (b)'' in Sec. 180.415 to read as follows:
Sec. 180.415 Test and inspection markings.
* * * * *
(b) * * *
Examples to paragraph (b). The markings ``10-99 P, V, L'' represent
that in October 1999 a cargo tank passed the prescribed pressure test,
external visual inspection and test, and the lining inspection. The
markings ``2-00 K-EPA27'' represent that in February 2000 a cargo tank
passed the leakage test under Sec. 180.407(h)(2). The markings ``2-00
K, K-EPA27'' represent that in February 2000 a cargo tank passed the
leakage test under both Sec. 180.407(h)(1) and under EPA Method 27 in
Sec. 180.407(h)(2).
* * * * *
0
17. On page 19290, in the second column and continuing to the third
column, revise paragraphs (b)(2)(v) and (b)(2)(viii) of Sec. 180.417
to read as follows:
Sec. 180.417 Reporting and record retention requirements.
* * * * *
(b) * * *
(2) * * *
(v) Minimum thickness of the cargo tank shell and heads when the
cargo tank is thickness tested in accordance with Sec. 180.407(d)(4),
Sec. 180.407(e)(3), Sec. 180.407(f)(3), or Sec. 180.407(i);
* * * * *
(viii) Continued qualification statement, such as ``cargo tank
meets the requirements of the DOT specification identified on this
report'' or ``cargo tank fails to meet the requirements of the DOT
specification identified on this report'';
* * * * *
Issued in Washington, DC, on August 6, 2003, under authority
delegated in 49 CFR part 1.
Samuel G. Bonasso,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 03-22212 Filed 9-2-03; 8:45 am]
BILLING CODE 4910-60-P