[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Rules and Regulations]
[Pages 19202-19204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10791]



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DEPARTMENT OF TRANSPORTATION
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.

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SUMMARY: In response to a request by the Aluminum Association, this 
document 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

[[Page 19203]]

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 
<a href="/cdn-cgi/l/email-protection#2a4759424b5d6a44425e594b044e455e044d455c"><span class="__cf_email__" data-cfemail="90fde3f8f1e7d0fef8e4e3f1bef4ffe4bef7ffe6">[email protected]</span></a>)

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 <SUP>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.
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     <SUP>1 When used as a motor fuel, natural gas is stored on-
board a vehicle in cylindrical containers at a pressure of 
approximately 20,684 kPa (3,000 psi). Among the terms used to 
describe CNG fuel containers are tanks, containers, cylinders, and 
high pressure vessels. The agency will refer to them as 
``containers'' throughout this document.
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    FMVSS No. 304 is patterned after the American National Standards 
Institute's (ANSI's) voluntary industry standard known as ANSI/NGV2. 
ANSI/NGV2 was developed by the Natural Gas Vehicle Coalition. 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.<SUP>2 The agency requested comments about the 
appropriateness and safety implications of adopting TAAI's request.
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     <SUP>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).
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    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 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.

[[Page 19204]]

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:


Sec. 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                   
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                                                          6061 alloy    
         Grade  element          6010 alloy  percent        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.                                                           
\2\ The 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

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