Current through Register Vol. 48, No. 9, September 27, 2024
(a) Application
of the rules.
(1) A liquid fuel tank
manufactured on or after January 1, 1973, and a side mounted gasoline tank must
conform to all the rules.
(2)
[Reserved]
(3) A diesel fuel tank
manufactured before January 1, 1973, and mounted on a vehicle must conform to
the rules in paragraph (c)(7)(iii) Reserved
(4) [FN*]
(5) A gasoline tank, other than a side
mounted gasoline tank, manufactured before January 1, 1973, and mounted on a
vehicle must conform to the rules in paragraphs (c) (1) through (10),
inclusive.
(6) Private motor
carrier of passengers. Motor carriers engaged in the private transportation of
passengers may continue to operate a commercial motor vehicle which was not
subject to 38-393 or
49 CFR
571.301 at the time of its manufacture,
provided the fuel tank of such vehicle is maintained to the original
manufacturer's standards.
(b) Definitions. As used in 38-393
(1) The term liquid fuel tank means a fuel
tank designed to contain a fuel that is liquid at normal atmospheric pressures
and temperatures.
(2) A side
mounted fuel tank is a liquid fuel tank which
(i) If mounted on a truck tractor, extends
outboard of the vehicle frame and outside of the plan view outline of the cab;
or
(ii) If mounted on a truck,
extends outboard of a line parallel to the longitudinal centerline of the truck
and tangent to the outboard side of a front tire in a straight ahead position.
In determining whether a fuel tank on a truck or truck tractor is side mounted,
the fill pipe is not considered a part of the tank.
(c) Construction of liquid fuel
tanks
(1) Joints. Joints of a fuel tank body
must be closed by arc, gas, seam, or spot welding, by brazing, by silver
soldering, or by techniques which provide heat resistance and mechanical
securement at least equal to those specifically named. Joints must not be
closed solely by crimping or by soldering with a lead based or other soft
solder.
(2) Fittings. The fuel tank
body must have flanges or spuds suitable for the installation of all
fittings.
(3) Threads. The threads
of all fittings must be Dryseal American Standard Taper Pipe Thread or Dryseal
SAE Short Taper Pipe Thread, specified in Society of Automotive Engineers
Standard J476, as contained in the 1971 edition of the "SAE Handbook," except
that straight (nontapered) threads may be used on fittings having integral
flanges and using gaskets for sealing. At least four full threads must be in
engagement in each fitting.
(4)
Drains and bottom fittings.
(i) Drains or
other bottom fittings must not extend more than three fourths of an inch below
the lowest part of the fuel tank or sump.
(ii) Drains or other bottom fittings must be
protected against damage from impact.
(iii) If a fuel tank has drains the drain
fittings must permit substantially complete drainage of the tank.
(iv) Drains or other bottom fittings must be
installed in a flange or spud designed to accommodate it.
(5) Fuel withdrawal fittings. Except for
diesel fuel tanks, the fittings through which fuel is withdrawn from a fuel
tank must be located above the normal level of fuel in the tank when the tank
is full.
(6) [Reserved]
(7) Fill pipe.
(i) Each fill pipe must be designed and
constructed to minimize the risk of fuel spillage during fueling operations and
when the vehicle is involved in a crash.
(ii) The fill pipe and vents of a fuel tank
having a capacity of more than 25 gallons of fuel must permit filling the tank
with fuel at a rate of at least 20 gallons per minute without fuel
spillage.
(iii) Each fill pipe must
be fitted with a cap that can be fastened securely over the opening in the fill
pipe. Screw threads or a bayonet type joint are methods of conforming to the
requirements of this subdivision.
(8) Safety venting system. A liquid fuel tank
with a capacity of more than 25 gallons of fuel must have a venting system
which, in the event the tank is subjected to fire, will prevent internal tank
pressure from rupturing the tank's body, seams, or bottom opening (if
any).
(9) Pressure resistance. The
body and fittings of a liquid fuel tank with a capacity of more than 25 gallons
of fuel must be capable of withstanding an internal hydrostatic pressure equal
to 150 percent of the maximum internal pressure reached in the tank during the
safety venting systems test specified in paragraph (d)(1).
(10) Air vent. Each fuel tank must be
equipped with a nonspill air vent (such as a ball check). The air vent may be
combined with the fill pipe cap or safety vent, or it may be a separate unit
installed on the fuel tank.
(11)
Markings. If the body of a fuel tank is readily visible when the tank is
installed on the vehicle, the tank must be plainly marked with its liquid
capacity. The tank must also be plainly marked with a warning against filling
it to more than 95 percent of its liquid capacity.
(12) Overfill restriction. A liquid fuel tank
manufactured on or after January 1, 1973, must be designed and constructed so
that
(i) The tank cannot be filled, in a
normal filling operation, with a quantity of fuel that exceeds 95 percent of
the tank's liquid capacity; and
(ii) When the tank is filled, normal
expansion of the fuel will not cause fuel spillage.
(d) Liquid fuel tank tests. Each
liquid fuel tank must be capable of passing the tests specified in paragraphs
(d) (1) and (2). [FN1]
(1) Safety venting
system test
(i) Procedure. Fill the tank three
fourths full with fuel, seal the fuel feed outlet, and invert the tank. When
the fuel temperature is between 50 deg. F. and 80 deg. F., apply an enveloping
flame to the tank so that the temperature of the fuel rises at a rate of not
less than 6 deg. F. and not more than 8 deg. F. per minute.
(ii) Required performance. The safety venting
system required by paragraph (c)(8) activate before the internal pressure in
the tank exceeds 50 pounds per square inch, gauge, and the internal pressure
must not thereafter exceed the pressure at which the system activated by more
than five pounds per square inch despite any further increase in the
temperature of the fuel.
(2) Leakage test
(i) Procedure. Fill the tank to capacity with
fuel having a temperature between 50 deg. F. and 80 deg. F. With the fill pipe
cap installed, turn the tank through an angle of 150 deg. in any direction
about any axis from its normal position.
(ii) Required performance. Neither the tank
nor any fitting may leak more than a total of one ounce by weight of fuel per
minute in any position the tank assumes during the test.
(e) Side mounted liquid fuel tank
tests. Each side mounted liquid fuel tank must be capable of passing the tests
specified in paragraphs (e) (1) and (2) and the tests specified in paragraphs
(d) (1) and (2). [FN1]
(1) Drop test
(i) Procedure. Fill the tank with a quantity
of water having a weight equal to the weight of the maximum fuel load of the
tank and drop the tank 30 feet onto an unyielding surface so that it lands
squarely on one corner.
(ii)
Required performance. Neither the tank nor any fitting may leak more than a
total of 1 ounce by weight of water per minute.
(2) Fill pipe test
(i) Procedure. Fill the tank with a quantity
of water having a weight equal to the weight of the maximum fuel load of the
tank and drop the tank 10 feet onto an unyielding surface so that it lands
squarely on its fill pipe.
(ii)
Required performance. Neither the tank nor any fitting may leak more than a
total of 1 ounce by weight of water per minute.
(f) Certification and markings. Each liquid
fuel tank shall be legibly and permanently marked by the manufacturer with the
following minimum information:
(1) The month
and year of manufacture,
(2) The
manufacturer's name on tanks manufactured on and after July 1, 1988, and means
of identifying the facility at which the tank was manufactured, and
(3) A certificate that it conforms to the
rules 38-393 applicable to the tank. The certificate must be in the form set
forth in either of the following:
(i) If a
tank conforms to all rules 38-393 pertaining to side mounted fuel tanks: "Meets
all FHWA side mounted tank requirements."
(ii) If a tank conforms to all rules in
38-393 pertaining to tanks which are not side mounted fuel tanks: "Meets all
FHWA requirements for non side mounted fuel tanks."
(iii) The form of certificate specified in
paragraph (f)(3) (i) or (ii) may be used on a liquid fuel tank manufactured
before July 11, 1973, but it is not mandatory for liquid fuel tanks
manufactured before March 7, 1989. The form of certification manufactured on or
before March 7, 1989, must meet the requirements in effect at the time of
manufacture.
[FN*] So in original. No paragraph (a)(4) was promulgated
by State Register Volume 30, Issue No. 4, eff April 28, 2006.
[FN1] The specified tests are a measure of performance
only. Manufacturers and carriers may use any alternative procedures which
assure that their equipment meets the required performance
criteria.