19202 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations

directive, ‘‘Regulatory Reinvention

Initiative,’’ to the heads of departments

and agencies, NHTSA undertook a

review of all its regulations and

directives. During the course of this

review, the agency identified several

requirements and regulations that are

potential candidates for rescission. In

reviewing Standard No. 301, the agency

identified several obsolete sections

relating to (1) the standard’s general

requirements in S5 as they apply to light

vehicles, (2) the requirements for school

buses in S5.4, and (3) the requirements

for fuel spillage in S5.5. These sections

are obsolete because the time periods to

which they relate are all in the past. To

improve the clarity and conciseness of

Standard No. 301, the agency is deleting

these sections from the standard.

The obsolete sections of the standard

relating to certain light vehicles are S5.2

and S5.3. Paragraph S5.2 had set forth

requirements for vehicles with a gross

vehicle weight rating (GVWR) of 6,000

pounds or less. Paragraph S5.3 had set

forth requirements for vehicles with a

GVWR of more than 6,000 pounds but

not more than 10,000 pounds. These

weight provisions, while relevant when

the Standard was enacted in 1975 are no

longer relevant. Paragraph S5.1 is

amended to include vehicles that were

formerly addressed in S5.2 and S5.3.

Paragraph S5.4 is amended to delete an

outdated reference to vehicles

manufactured before April 1, 1977.

Paragraph S5.5 is amended to delete an

outdated reference to vehicles

manufactured before September 1, 1976.

NHTSA finds good cause to make this

amendment effective 30 days after

publication of this document. This

amendment makes minor changes to

Standard No. 301.

NHTSA also finds for good cause that

notice and an opportunity for comment

on this document are unnecessary. This

document does not impose any

additional responsibilities on any

manufacturer. Instead, this document

simply removes outdated provisions

and references in the standard.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

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 not

‘‘significant’’ under the Department of

Transportation’s regulatory policies and

procedures. This rule removes outdated

portions of Standard 301 without

changing any of the requirements in the

standard. Because this rule does not

affect any substantive requirement of

the fuel system integrity standard, its

impacts are so minimal as not to

warrant preparation of a full regulatory

evaluation.

Regulatory Flexibility Act

NHTSA has also considered the

impacts of this rule under the

Regulatory Flexibility Act. I hereby

certify that this rule will not have a

significant economic impact on a

substantial number of small entities. As

noted above, this rule simply removes

outdated portions of Standard 301. It

has no effect whatsoever on the

manufacture or sale of vehicles.

National Environmental Policy Act

NHTSA has also analyzed this rule

under the National Environmental

Policy Act and determined that it will

not have a significant impact on the

human environment.

Executive Order 12612 (Federalism)

NHTSA has analyzed this rule in

accordance with the principles and

criteria contained in E.O. 12612, and

has determined that this rule will not

have significant federalism implications

to warrant the preparation of a

Federalism Assessment.

Civil Justice Reform

This rule will 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 49 CFR § 571.301,

Fuel System Integrity, to read as follows:

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

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 571.301 is amended by

revising S5.1, S5.4, and S5.5 and by

removing and reserving S5.2 and S5.3 to

read as follows:

§ 571.301 Standard No. 301, Fuel System

Integrity.

* * * * *

S5. General requirements.

S5.1 Passenger cars, and

multipurpose passenger vehicles, trucks,

and buses with a GVWR of 10,000

pounds or less. Each passenger car and

each multipurpose passenger vehicle,

truck, and bus with a GVWR of 10,000

pounds or less shall meet the

requirements of S6.1 through S6.4. Each

of these types of vehicles that is

manufactured to use alcohol fuels shall

also meet the requirements of S6.6.

S5.2 [Reserved]

S5.3 [Reserved]

S5.4 Schoolbuses with a GVWR

greater than 10,000 pounds. Each

schoolbus with a GVWR greater than

10,000 pounds shall meet the

requirements of S6.5. Each schoolbus

with a GVWR greater than 10,000

pounds that is manufactured to use

alcohol fuels shall meet the

requirements of S6.6.

S5.5 Fuel Spillage: Barrier Crash.

Fuel spillage for each vehicle in any

fixed or moving barrier crash test shall

not exceed 1 ounce by weight from

impact until motion of the vehicle has

ceased, and shall not exceed a total of

5 ounces by weight in the 5-minute

period following cessation of motion.

For the subsequent 25-minute period,

fuel spillage during any 1-minute

interval shall not exceed 1 ounce by

weight.

Issued on: April 25, 1996.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 96–10792 Filed 4–30–96; 8:45 am]

BILLING CODE 4910–59–P

49 CFR Part 571

[Docket No. 93–02; Notice 13]

RIN 2127–AF79

Federal Motor Vehicle Safety

Standards; Compressed Natural Gas

Fuel Containers

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule.

SUMMARY: In response to a request by the

Aluminum Association, this document
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations 19203

1When 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.

2 The agency already corrected the magnesium

limits for alloy 6061 to the range of 0.80 to 1.20,

based on a typographical correction provided by the

American Gas Association. This was published on

July 24, 1995, as part of a final rule on petitions for

reconsideration on FMVSS No. 304 (60 FR 37836).

amends the specifications in FMVSS

No. 304, Compressed Natural Gas Fuel

Container Integrity, with respect to CNG

containers made with aluminum alloys.

The changes make FMVSS No. 304

consistent with the most recent

voluntary standard issued by the

aluminum industry.

DATES: Effective date: The amendments

in this document become effective May

31, 1996.

Petitions for reconsideration: Any

petition for reconsideration of this rule

must be received by NHTSA no later

than June 17, 1996.

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, S.W., Washington,

D.C. 20590.

FOR FURTHER INFORMATION CONTACT: For

non-legal issues: Mr. Charles Hott, NPS–

12, Office of Safety Performance

Standards, National Highway Traffic

Safety Administration, 400 Seventh

Street, S.W., Washington, D.C. 20590

(Telephone 202–366–0247).

For legal issues: Mr. Marvin L. Shaw,

NCC–20, Rulemaking Division, Office of

Chief Counsel, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW., Washington, D.C. 20590

(Telephone 202–366–2992) (FAX 202–

366–3820) (internet

mshaw@nhtsa.dot.gov)

SUPPLEMENTARY INFORMATION:

I. Final Rule Establishing FMVSS No.

304

On September 26, 1994, NHTSA

published a final rule addressing the

safe performance of compressed natural

gas (CNG) containers 1 (59 FR 49010).

The final rule established a new Federal

motor vehicle safety standard (FMVSS)

FMVSS No. 304, Compressed Natural

Gas Fuel Container Integrity. The

Standard specifies pressure cycling,

burst, and bonfire tests for the purpose

of ensuring the durability, initial

strength, and venting of CNG containers.

In addition, the Standard specifies

labeling requirements for CNG fuel

containers. FMVSS No. 304 took effect

on March 27, 1995.

FMVSS No. 304 is patterned after the

American National Standards Institute’s

(ANSI’s) voluntary industry standard

known as ANSI/NGV2. ANSI/NGV2 was

developed by the Natural Gas Vehicle

Coalition. ANSI/NGV2 and FMVSS No.

304 specify detailed material and other

requirements for different types of CNG

containers, including those made with

aluminum alloys. For each type of

container, ANSI/NGV2 and FMVSS No.

304 specify a unique safety factor for

determining the internal hydrostatic

pressure that the container must

withstand during the burst test. In

addition, a container must meet the

applicable material and manufacturing

requirements as well as the burst test.

FMVSS No. 304 specifies certain

material and manufacturing

characteristics for aluminum containers

using alloy 6010 and alloy 6061. The

material characteristics specify the

percentage of various elements,

including magnesium, silicon, copper,

and manganese. The specifications for

the two aluminum alloys listed in

FMVSS No. 304 were identical to the

specifications set forth in ANSI/NGV2.

In establishing the specifications

applicable to aluminum alloys, the

Natural Gas Vehicle Coalition relied on

the Aluminum Association Standards

Data document (Sixth Edition 1979).

On March 24, 1995, The Aluminum

Association, Inc. (TAAI) submitted a

letter to NHTSA, requesting several

changes be made to FMVSS No. 304,

with respect to specifications for

aluminum alloys 6010 and 6061. TAAI

stated that FMVSS No. 304 is

inconsistent with the TAAI registered

limits for materials used in these two

aluminum alloys. That organization

stated that because the 1979 document,

on which the ANSI/NGV2 composition

tables are based, has been superseded

several times in recent years, the

chemical compositions for aluminum

alloys set forth in FMVSS No. 304 do

not reflect the current compositions for

these alloys, as accepted by the

aluminum industry. TAAI provided a

copy of the most recent document in

which the industry aluminum alloy

specifications are contained: The

Registration Record of Aluminum

Association Designations and Chemical

Composition Limits for Wrought

Aluminum and Wrought Aluminum

Alloys (Revised December 1993).

On November 16, 1995, NHTSA

published a notice of proposed

rulemaking (NPRM) to amend FMVSS

No. 304 to adopt the TAAI

specifications for aluminum alloys used

in CNG containers. (60 FR 57567) The

proposed changes would make FMVSS

No. 304 consistent with the most recent

aluminum industry specifications for

those materials.2 The agency requested

comments about the appropriateness

and safety implications of adopting

TAAI’s request.

NHTSA received one comment to the

proposal. The commenter, NGV

Systems, Inc. agreed with the proposed

changes to FMVSS No. 304.

NHTSA has decided to amend

FMVSS No. 304 with respect to the

chemical compositions for aluminum

alloys set forth in the Standard. By

having FMVSS No. 304 reflect the

current compositions for these alloys, as

accepted by the aluminum industry,

today’s amendments will better ensure

the safety of such containers.

As explained in the NPRM, the statute

requires that each order (i.e., final rule)

shall take effect no sooner than 180 days

from the date the order is issued unless

good cause is shown that an earlier

effective date is in the public interest.

NHTSA concludes that there is good

cause not to provide the 180 day lead

time given that this amendment has no

adverse effect on manufacturers or

public safety. The rulemaking merely

makes minor changes to the chemical

compositions in FMVSS No. 304. Based

on the above, the agency concludes that

there is good cause for an effective date

30 days after publication of the final

rule.

Rulemaking Analyses and Notices

1. Executive Order 12866 (Federal

Regulatory Planning and Review) and

DOT Regulatory Policies and Procedures

This rulemaking was not reviewed

under E.O. 12866. NHTSA has analyzed

this rulemaking and determined that it

is not ‘‘significant’’ within the meaning

of the Department of Transportation’s

regulatory policies and procedures. A

full regulatory evaluation is not required

because the rule has no effect on costs

or benefits, since the amendments adopt

current industry specifications. The

aluminum alloys 6010 and 6061

previously specified in FMVSS No. 304

had a slightly different composition

than alloys manufactured in accordance

with current specifications for these

materials. TAAI did not identify, and

NHTSA is not aware of, any safety

problems such as reduced strength,

durability or resistance to

environmental hazards that might result

from this difference in aluminum

specifications for CNG containers. The

potential costs, benefits, and other
19204 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations

impacts of not adopting this petition

cannot be quantified at this time.

2. Regulatory Flexibility Act

In accordance with the Regulatory

Flexibility Act, NHTSA has evaluated

the effects of this action on small

entities. Based upon this evaluation, I

certify that the amendment will not

have a significant economic impact on

a substantial number of small entities.

CNG container manufacturers typically

do not qualify as small entities. Further,

as noted above, the changes have no

more than a minimal impact on the

costs or benefits associated with FMVSS

No. 304. Accordingly, no regulatory

flexibility analysis has been prepared.

3. Executive Order 12612 (Federalism)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the rulemaking has insufficient

Federalism implications to warrant

preparation of a Federalism Assessment.

4. National Environmental Policy Act

Finally, the agency has considered the

environmental implications of this

rulemaking in accordance with the

National Environmental Policy Act of

1969 and determined that the

rulemaking will not significantly affect

the human environment.

5. Civil Justice Reform

This rulemaking will not have any

retroactive effect. Under section 103(d)

of the National Traffic and Motor

Vehicle Safety Act (49 U.S.C. 30111),

whenever a Federal motor vehicle safety

standard is in effect, a state may not

adopt or maintain a safety standard

applicable to the same aspect of

performance which is not identical to

the Federal standard. Section 105 of the

Act (49 U.S.C. 30161) sets forth a

procedure for judicial review of final

rules establishing, amending or revoking

Federal motor vehicle safety standards.

That section does not require

submission of a petition for

reconsideration or other administrative

proceedings before parties may file suit

in court.

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, in Title 49 of the Code of

Federal Regulations at Part 571 as

follows:

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

1. The authority citation for Part 571

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 S5.2.2 to read as follows:

§ 571.304 Standard No. 304, Compressed

Natural Gas Fuel Container Integrity.

* * * * *

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 .... 0.6 to 1.0 ..... 0.8 to 1.2.

Silicon ............ 0.8 to 1.2 ..... 0.40 to 0.8.

Copper ........... 0.15 to 0.6 ... 0.15 to 0.40.

Chromium ...... 0.10 max ..... 0.04 to 0.35.

Iron ................. 0.50 max ..... 0.7 max.

Titanium ......... 0.10 max ..... 0.15 max.

Manganese .... 0.20 to 0.8 ... 0.15 max.

Zinc ................ 0.25 max ..... 0.25 max.

Others, Each 1 0.05 max ..... 0.05 max.

Others,

Total 1 2.

0.15 max ..... 0.15 max.

Aluminum

min...

Remainder... Remainder.

1 ‘‘Others’’ includes listed elements for which

no specific limit is shown as well as unlisted

metallic elements. The producer may analyze

samples for trace elements not specified in the

registration or specification. However, such

analysis is not required and may not cover all

metallic ‘‘other’’ elements. Should any analysis

by the producer or purchaser establish that an

‘‘others’’ element exceeds the limit of ‘‘Each’’

or that the aggregate of several ‘‘others’’ elements exceeds the limit of ‘‘Total,’’ the material shall be considered non-conforming. 2The sum of those ‘‘Others’’ metallic elements 0.010 percent or more each, expressed

to the second decimal before determining the

sum.

(Registration Record of Aluminum

Association Designations and Chemical

Composition Limits for Wrought Aluminum

and Wrought Aluminum Alloys, The

Aluminum Association, Inc. Rev. Dec. 1993)

* * * * *

Issued on: April 25, 1996.

Ricardo Martinez,

Administrator.

[FR Doc. 96–10791 Filed 4–30–96; 8:45 am]

BILLING CODE 4910–59–P