64624 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations

1NGV2 was developed by an industry working

group that included container manufacturers, CNG

users, and utilities.

impede agency efforts to recover costs

associated with response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Natural

resources, Oil pollution, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: August 18, 2000.

Martha Steincamp,

Acting Regional Administrator, Region 7.

40 CFR part 300 is amended as

follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601-9657; E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp., p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp., p. 193.

Appendix B [Amended]

2. Table 1 of appendix B to part 300

is amended by deleting the White Farm

Equipment Co. Dump, Charles City,

Iowa site.

[FR Doc. 00–27578 Filed 10–27–00; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2300; MM Docket No. 97–26, RM–

8968, RM–9089, RM–9090; MM Docket No.

97–91, RM–8854, RM–9221]

Radio Broadcasting Services; Detroit,

Howe, Jacksboro, Lewisville,

Gainesville, Robinson, Corsicana,

Mineral Wells TX, Antlers, Hugo, OK

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document dismisses an

Application for Review filed by Jerry

Snyder and Associates, an Application

for Review filed by Metro BroadcastersTexas, Inc., and a Petition for Partial

Reconsideration filed by Hispanic

Broadcasting Corporation. This

document also grants a Request for

Immediate Issuance of Erratum filed by

Great Plains Radiocasting to the extent

of removing Channel 294C2 at Detroit,

Texas. All of these pleadings were

directed to the Report and Order in this

proceeding. 63 FR 45182, August 25,

1997.

DATES: Effective November 28, 2000.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order

adopted September 27, 2000, and

released October 6, 2000. The full text

of this decision is available for

inspection and copying during normal

business hours in the FCC Reference

Information Center at Portals II, CY–

A257, 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3805, 1231 M Street,

NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

2. Section 73.202(b), the Table of FM

Allotments, under Texas, is amended by

removing Channel 294C2, Detroit.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–27745 Filed 10–27–00; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. NHTSA–00–8191]

RIN 2127–AH94

Federal Motor Vehicle Safety

Standards; Compressed Natural Gas

Fuel Container Integrity

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule, petitions for

reconsideration.

SUMMARY: In response to petitions for

reconsideration, this agency is

amending the bonfire test procedures in

the Federal motor vehicle safety

standard concerning compressed natural

gas fuel container integrity. The

amendments will facilitate the testing of

compressed natural gas containers

without adversely affecting safety.

DATES: Effective date: The amendment

in this document becomes effective

November 29, 2000.

Petitions for reconsideration: Any

petition for reconsideration of this rule

must be received by NHTSA no later

than December 14, 2000.

ADDRESSES: Petitions for reconsideration

of this rule should refer to the above

mentioned docket number and be

submitted to: Administrator, National

Highway Traffic Safety Administration,

400 Seventh Street, SW., Washington,

DC 20590.

FOR FURTHER INFORMATION CONTACT: For

non-legal issues: Mr. Charles Hott,

National Highway Traffic Safety

Administration, 400 Seventh Street,

SW., Washington, DC 20590 (Telephone

202–366–0247).

For legal issues: Mr. Steve Wood,

NCC–20, Assistant Chief Counsel for

Rulemaking, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW., Washington, DC 20590

(202–366–2992).

SUPPLEMENTARY INFORMATION:

I. Regulatory Background

On September 26, 1994, NHTSA

published a final rule establishing

Standard No. 304, Compressed Natural

Gas Fuel Container Integrity, which

specifies tests and performance

requirements regarding the durability,

strength, and pressure relief of

compressed natural gas (CNG) fuel

containers. (59 FR 49010) The

September 1994 final rule also specified

labeling requirements for CNG fuel

containers. The CNG fuel container

requirements are based on specifications

in ANSI/NGV2, a voluntary industry

standard addressing CNG fuel

containers which was adopted by the

American National Standards Institute

(ANSI).1 One of the performance tests

involves subjecting containers to a

bonfire test to evaluate their pressure

relief characteristics.

NHTSA decided in the September

1994 final rule to specify that No. 2

diesel fuel be used to generate the fire

in the bonfire test. The agency indicated

that it was specifying No. 2 diesel fuel

on an interim basis because of its

awareness that environmental problems

result from use of this fuel. The agency

stated that it would study whether other

fuels could be used for the bonfire test.

Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations 64625

On December 19, 1994, NHTSA

published a supplemental notice of

proposed rulemaking (SNPRM) that

proposed, among other things, to amend

the bonfire test procedures and

conditions to allow alternative fuel

types. (59 FR 65299) Specifically, the

agency proposed that the bonfire test be

conducted with any fuel that generates

a flame temperature equivalent to that of

No. 2 diesel fuel (i.e., any fuel that

generates a flame temperature of 850 to

900 degrees Celcius (C)). NHTSA

requested comments about the

appropriateness of using flame

temperature to define equivalence

among fuel types.

Commenters addressing the issue of

bonfire fuel generally supported the

proposal. EDO Corporation and

Brunswick Composites favored allowing

any fuel as long as the specified

temperature is maintained. Ford Motor

Company commented that the proposal

was appropriate, provided the flame

characteristics of different fuels are

similar. AGA/NGVC also supported the

proposal.

On November 24, 1995, NHTSA

published a final rule that amended the

bonfire test procedures and announced

its decision to terminate rulemaking on

additional performance requirements for

CNG containers that the agency had

previously proposed. (60 FR 57943)

Specifically, section S8.3.6 was

amended to allow the bonfire test to be

conducted using any fuel that generates

a flame temperature between 850 and

900 degrees C for the duration of the

test. The agency stated that the

amendment provided greater flexibility

in conducting the bonfire test. It further

stated that the amendment eliminated a

provision that specified the use of a fuel

that posed environmental problems.

II. Petitions for Reconsideration

NHTSA received petitions for

reconsideration from the American

Automobile Manufacturers Association

(AAMA), Ford, Consumers Gas,

Powertech (a research and development

laboratory), and CNG container

manufacturers, including NGV Systems,

Pressed Steel Tank (PST), and Lincoln

Composites (Lincoln). The petitioners

requested that NHTSA amend Standard

No. 304 with respect to the

requirements for labeling CNG

containers and the bonfire test

procedures. In a final rule published

September 6, 1996, the agency

responded to issues associated with the

labeling of CNG containers. (61 FR

47086) In today’s notice, NHTSA

responds to the issues associated with

the bonfire test.

Lincoln, Powertech, and NGV

Systems stated that the bonfire test

procedures in S8.3.6 are not feasible.

Section S8.3.6 states that ‘‘The fire is

generated by any fuel that maintains a

flame temperature between 850 and 900

degrees C for the duration of the test, as

verified by each of the three

thermocouples in S8.3.2 or S8.3.3.’’

NGV Systems provided test data that

indicate that the thermocouple

temperatures reached during a bonfire

test cannot be verified under the

procedures specified in the final rule

because of variability in the testing.

Lincoln recommended that the agency

adopt the 1996 edition of NGV2, which

requires that two of the three

thermocouples average 590 degrees C

(1100 degrees F) over any one-minute

interval (except that there would be no

temperature requirements if the

container vents within five minutes of

igniting the fire). Lincoln did not

explain why this temperature, which is

much lower than the initial requirement

of 850–900 degrees, would be sufficient.

PST stated that because thermocouples

on the container do not register

temperatures as high as 850 C and are

not constant within the 50 C range

during the test, diesel fuel should be

specified.

Powertech requested that NHTSA

harmonize its requirement with the

International Standards Organization’s

(ISO) proposed standard (CD 11439) and

the Canadian Standards Associations’

proposed standard (B51–95 (part 2)).

Both proposed standards are consistent

with the 1996 edition of NGV2 which

specifies a minimum fire temperature of

590 degrees C using a thermocouple that

is placed directly below the container

and is shielded from direct flame

impingement. These organizations did

not establish a maximum test

temperature because of the difficulty in

precisely controlling the large-scale fire

test conditions. In addition to

recommending the adoption of NGV2’s

bonfire temperature, Lincoln

recommended rewording the entire

bonfire test procedure in FMVSS No.

304 to make it consistent with the 1996

edition of NGV2. That company further

stated that if its recommendation were

not accepted, then the bonfire test

procedures of the standard should be

withdrawn and that the issue of the

bonfire procedures should be revisited

after NGV2 is completed.

III. NHTSA Decision

After reviewing the petitions and

other available information, NHTSA has

decided to amend the bonfire test

procedures to be consistent with the

ANSI/NGV2 industry standard

published in June 1998. That standard

specifies that, within five minutes of

ignition, the average temperature of two

of the thermocouples must be not less

than 430 degrees C over each one

minute interval for the duration of the

test, beginning 5 minutes after the

ignition of the fire and ending 20

minutes after ignition. It also calls for

placement of three thermocouples one

inch below the CNG container, and

specifies that temperatures be recorded

every 30 seconds after the ignition of the

fire. In other words, any two of the three

thermocouples must have an average

temperature of not less than 430 degrees

C over a 60-second interval, i.e.,

1

2

 TT TT High 1 High 2 High 1 High 2 +



 



 +  +



 





















≥

2 2

 430 C

 time 30 sec time 60 sec

o

@ @

These test procedures will facilitate

the testing of CNG containers in several

ways, while maintaining the level of

safety currently required by Standard

No. 304. First, eliminating the current

narrow 50 degree C temperature range

will make it easier to conduct

compliance tests consistent with the

temperature specifications of the

standard. Data submitted by the

petitioners that indicate that the final

rule’s bonfire test procedures were not

feasible because the petitioners could

not maintain the temperature specified

in the 1995 final rule. Second,

specifying that the thermocouples will

be placed so that they are suspended

below the CNG containers, instead of

attached to them as is currently

specified in the standard, will increase

their accuracy in measuring the flame

temperature. Third, specifying a

minimum average temperature for the

thermocouples will facilitate the use of

any type of fuel that can be used to

generate the needed heat for the bonfire

tests. The temperature specified in the

64626 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations

2 Voluntary consensus standards are technical

standards developed or adopted by voluntary

consensus standards bodies. Technical standards

are defined by the NTTAA as ‘‘performance-based

or design-specific technical specifications and

related management systems practices.’’ They

pertain to ‘‘products and processes, such as size,

strength, or technical performance of a product,

process or material.’’

1995 final rule is the flame temperature

for diesel fuel, 850–900 degrees C. This

is not practical because the container

must reach the flame temperature of the

fuel that is burning. At such high

temperatures, the CNG container

material may be destroyed.

NHTSA’s decision to pattern the

bonfire test procedures after ANSI/

NGV2 is consistent with the National

Technology Transfer and Advancement

Act (NTTAA), which generally requires

Federal agencies to evaluate and use

existing voluntary consensus standards 2

in their regulatory activities unless

doing so would be inconsistent with

applicable law (e.g., the statutory

provisions regarding NHTSA’s vehicle

safety authority) or otherwise

impractical; see section 12(d) of Pub. L.

104–113. The agency believes that

NGV2 is suitable and consistent with

the agency’s own statutory mandate to

be practicable and meet the need for

safety. Accordingly, NHTSA has revised

the bonfire test procedures to be

consistent with the June 1998 version of

the ANSI standard.

Technical Amendment

In addition, NHTSA is making a

technical amendment to the Application

section (S3) to state explicitly that

Standard No. 304 applies to ‘‘each

passenger car, multipurpose passenger

vehicle, truck, and bus that uses CNG as

a motor fuel and to each container

designed to store CNG as motor fuel onboard any motor vehicle.’’ While the

standard’s applicability is stated in S6.1

and S6.2, it was not fully stated in S3.

IV. Rulemaking Analyses and Notices

A. Executive Order 12866 (Federal

Regulation) and DOT Regulatory

Policies and Procedures

NHTSA has considered the impact of

this rulemaking action under Executive

Order 12866 and the Department of

Transportation’s regulatory policies and

procedures. This rulemaking document

was not reviewed under E.O. 12866,

‘‘Regulatory Planning and Review.’’

Further, this action has been determined

to be ‘‘nonsignificant’’ under the

Department of Transportation’s

regulatory policies and procedures. The

agency has decided not to prepare a

Final Regulatory Evaluation (FRE)

because the impacts of these

amendments are so minimal as not to

warrant preparation of a full regulatory

evaluation. The amendments in today’s

final rule make the bonfire test

conditions consistent with a voluntary

industry standard. Since the industry is

already following that standard, this

change does not result in any changes

in 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. The rationale

for this certification is that the

amendments will not result in any cost

increase or decrease for CNG container

manufacturers. NHTSA is aware of

approximately ten companies that

manufacture CNG containers. Because

each CNG container manufacturer is

affiliated with a Fortune 500 or other

large business, none of them would be

considered a small business under the

U.S. Small Business Administration’s

affiliation rule (13 CFR 121.401).

C. Executive Order 13132 (Federalism)

The agency has analyzed this

rulemaking in accordance with the

principles and criteria contained in

Executive Order 13132 and has

determined that it does not have

sufficient federalism implications to

warrant consultation with State and

local officials or the preparation of a

federalism summary impact statement.

The final rule has no substantial effects

on the States, or on the current FederalState relationship, or on the current

distribution of power and

responsibilities among the various local

officials.

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 not have any adverse impact on the

quality of the human environment.

E. Civil Justice Reform

This rulemaking 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, Motor vehicle safety, Motor

vehicles, Rubber and rubber products,

Tires.

In consideration of the foregoing, the

agency is amending Standard No. 304;

Compressed Natural Gas Fuel Container

Integrity, Part 571 at Title 49 of the Code

of Federal Regulations as follows:

PART 571—[AMENDED]

1. The authority citation for Part 571

continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117 and 30166; delegation of authority at

49 CFR 1.50.

2. Section 571.304, is amended by

revising S3 and S8.3 through S8.3.9 to

read as follows:

§ 571.304 Standard No. 304, Compressed

natural gas fuel container integrity

S3. Application. This standard

applies to each passenger car,

multipurpose passenger vehicle, truck,

and bus that uses CNG as a motor fuel

and to each container designed to store

CNG as motor fuel on-board any motor

vehicle.

* * * * *

S8.3 Bonfire test. The requirements

of S7.3 shall be met under the

conditions of S8.3.1 through S8.3.7.

S8.3.1 Fill the CNG fuel container

with compressed natural gas and test it

at:

(a) 100 percent of service pressure;

and

(b) 25 percent of service pressure.

S8.3.2 Container positioning.

(a) Position the CNG fuel container in

accordance with paragraphs (b) and (c)

of S8.3.2.

(b) Position the CNG fuel container so

that its longitudinal axis is horizontal

and its bottom is 100 mm (4 inches)

above the fire source.

(c)(1) Position a CNG fuel container

that is 1.65 meters (65 inches) in length

or less and is fitted with one pressure

relief device so that the center of the

container is over the center of the fire

source.

(2) Position a CNG fuel container that

is greater than 1.65 meters (65 inches)

in length and is fitted with one pressure

relief device at one end of the container

so that the center of the fire source is

Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Rules and Regulations 64627

0.825 meters (32.5 inches) from the

other end of the container, measured

horizontally along a line parallel to the

longitudinal axis of the container.

(3) Position a CNG fuel container that

is fitted with pressure relief devices at

more than one location along its length

so that the portion of container over the

center of the fire source is the portion

midway between the two pressure relief

devices that are separated by the

greatest distance, measured horizontally

along a line parallel to the longitudinal

axis of the container.

(4) Test a CNG fuel container that is

greater than 1.65 meters (65 inches) in

length, is protected by thermal

insulation, and does not have pressure

relief devices, twice at 100 percent of

service pressure. In one test, position

the center of the container over the

center of the fire source. In another test,

position one end of the container so that

the fire source is centered 0.825 meters

(32.5 inches) from one end of the

container, measured horizontally along

a line parallel to the longitudinal axis of

the container.

S8.3.3 Number and placement of

thermocouples. To monitor flame

temperature, place three thermocouples

so that they are suspended 25 mm (one

inch) below the bottom of the CNG fuel

container. Position thermocouples so

that they are equally spaced over the

length of the fire source or length of the

container, whichever is shorter.

S8.3.4 Shielding.

(a) Use shielding to prevent the flame

from directly contacting the CNG fuel

container valves, fittings, or pressure

relief devices.

(b) To provide the shielding, use steel

with 0.6 mm (.025 in) minimum

nominal thickness.

(c) Position the shielding so that it

does not directly contact the CNG fuel

container valves, fittings, or pressure

relief devices.

S8.3.5 Fire source. Use a uniform

fire source that is 1.65 meters long (65

inches). Beginning five minutes after the

fire is ignited, maintain an average

flame temperature of not less than 430

degrees Celsius (800 degrees Fahrenheit)

as determined by the average of the two

thermocouples recording the highest

temperatures over a 60 second interval:

1

2

 TT TT High 1 High 2 High 1 High 2 +



 



 +  +



 





















≥

2 2

 430 C

 time 30 sec time 60 sec

o

@ @

If the pressure relief device releases

before the end of the fifth minute after

ignition, then the minimum temperature

requirement does not apply.

S8.3.6 Recording data. Record time,

temperature, and pressure readings at 30

second intervals, beginning when the

fire is ignited and continuing until the

pressure release device releases.

S8.3.7 Duration of exposure to fire

source. The CNG fuel container is

exposed to the fire source for 20

minutes after ignition or until the

pressure release device releases,

whichever period is shorter.

S8.3.8 Number of tests per

container. A single CNG fuel container

is not subjected to more than one

bonfire test.

S8.3.9 Wind velocity. The average

ambient wind velocity at the CNG fuel

container during the period specified in

S8.3.6 of this standard is not to exceed

2.24 meters/second (5 mph).

* * * * *

Issued on: October 24, 2000.

Sue Bailey,

Administrator.

[FR Doc. 00–27723 Filed 10–27–00; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 000119014-0137-02; I.D.

091800G]

Fisheries of the Northeastern United

States; Black Sea Bass Fishery;

Commercial Quota Harvested for

Quarter 4 Period

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure; Quarter 4 commercial

black sea bass fishery.

SUMMARY: NMFS announces that the

black sea bass commercial quota

available in the quarter 4 period to the

coastal states from Maine through North

Carolina has been harvested.

Commercial vessels may not land black

sea bass in the Northeast region for the

remainder of the 2000 quarter 4 quota

period (through December 31, 2000).

Regulations governing the black sea bass

fishery require publication of this

notification to advise the coastal states

from Maine through North Carolina that

the quota has been harvested and to

advise vessel permit holders and dealer

permit holders that no commercial

quota is available for landing black sea

bass in these states north of 35°15.3’ N.

lat.

DATES: Effective 0001 hrs local time,

November 1, 2000, through 2400 hrs

local time, December 31, 2000.

FOR FURTHER INFORMATION CONTACT:

Jennifer L. Anderson, Fishery

Management Specialist, at (978) 281-

9226.

SUPPLEMENTARY INFORMATION:

Regulations governing the black sea bass

fishery are found at 50 CFR part 648.

The regulations require annual

specification of a commercial quota that

is allocated into four quota periods

based upon percentages of the annual

quota. The quarter 4 (October through

December) commercial quota is

distributed to the coastal states from

Maine through North Carolina. The

process to set the annual commercial

quota is described in § 648.140.

The initial total commercial quota for

black sea bass for the 2000 calendar year

was 3,024,742 lb (1,372,000 kg) (65 FR

33486, May 24, 2000). The quarter 4

period quota, which is equal to 19.77

percent of the annual commercial quota,

was 540,170 lb (245,017 kg). The quota

allocation was adjusted downward (65

FR 50465, August 18, 2000) to

compensate for 1999 quarter 4 landings

in excess of the 1999 quarter 4 quota,

consistent with the procedures in §

648.140. The final adjusted quarter 4

quota was 450,661 lb (204,416 kg).

Section 648.141 requires the Regional

Administrator, Northeast Region, NMFS

(Regional Administrator), to monitor the

commercial black sea bass quota for

each quota period on the basis of dealer

reports, state data, and other available

information to determine when the