[Federal Register: May 8, 2003 (Volume 68, Number 89)]
[Rules and Regulations]
[Page 24653-24664]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my03-13]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 107, 171, 173, 177 and 180
[Docket No. RSPA-01-10373 (HM-220D)]
RIN 2137-AD58
Hazardous Materials: Requirements for Maintenance,
Requalification, Repair and Use of DOT Specification Cylinders;
Response to Appeals and Extension of Compliance Dates
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; response to appeals.
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SUMMARY: On August 8, 2002, RSPA published a final rule under Docket
No. RSPA-01-10373 (HM-220D) amending the requirements of the Hazardous
Materials Regulations applicable to the maintenance, requalification,
repair, and use of DOT specification cylinders. The revisions
simplified the regulations, responded to petitions for rulemaking,
addressed recommendations of the National Transportation Safety Board,
and enhanced the safe transportation of hazardous materials in
cylinders. In response to appeals submitted by persons affected by the
August 8, 2002 final rule, this final rule amends certain requirements,
extends certain compliance dates, and makes minor editorial
corrections.
DATES: Effective Date: This rule is effective June 9, 2003.
Compliance Date: Delayed compliance dates for certain regulatory
provisions are set forth in the regulatory text.
FOR FURTHER INFORMATION CONTACT: Sandra Webb, (202) 366-8553, Office of
Hazardous Materials Standards or Mark Toughiry, 202-366-4545, Office of
Hazardous Materials Technology, Research and Special Programs
Administration, U.S. Department of Transportation, 400 Seventh Street,
SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On August 8, 2002, the Research and Special Programs Administration
(RSPA, we) published a final rule under Docket No. 01-10373 (HM-220D)
(67 FR 51625) amending the requirements of the Hazardous Materials
Regulations (HMR; 49 CFR parts 171-180) applicable to the maintenance,
requalification, repair, and use of DOT specification cylinders.
[[Page 24654]]
We received more than 20 appeals. Several appellants filed
supplements to their initial appeals of the implementation of HM-220D,
either in total or in part. Appellants included the Air Conditioning
and Refrigeration Institute, American Trucking Associations, Compressed
Gas Association (CGA), Dangerous Goods Advisory Council, Fire
Suppression Systems Association (FSSA), National Propane Gas
Association (NPGA) and representatives of cylinder and equipment
manufacturers, refillers and users, distributors, and shippers. Because
of opposition to certain requirements in the August 8, 2002 final rule,
we published a final rule in the Federal Register on September 30, 2002
(67 FR 51626), extending the compliance date for certain provisions
until May 30, 2003. This extension allowed RSPA to fully evaluate the
issues raised by the appellants. The September 30, 2002 final rule
extended the compliance date for the following requirements:
--Sec. Sec. 173.40(b) and 173.301a(d)(3)--Prohibiting the pressure
at 55 [deg]C (131 [deg]F) in a cylinder from exceeding the service
pressure of the cylinder. This provision affects Hazard Zone B gases,
in particular hydrogen sulfide.
--Sec. Sec. 173.301(f)(2) and 177.840(a)(1)--Requiring the inlet
port to the relief channel of a pressure relief device, when installed,
to be in the cylinder's vapor space.
--Sec. 173.301(f)(3) and 180.205(c)(4)--Requiring the set pressure
of the pressure relief device to be at test pressure with a tolerance
of minus 10% to plus zero for DOT 3-series cylinders.
--Sec. 173.301(h)(2)--Allowing cylinders filled with a flammable,
corrosive, or noxious gas to have the valves protected by loading the
cylinders in an upright position and securely bracing in rail cars or
motor vehicles, when loaded by the consignor and unloaded by the
consignee.
Discussion and Resolution of Appeals
Sections 173.40(b) and 173.301a(d)(3). The August 8, 2002 final
rule contains a requirement that the pressure of a Hazard Zone A or B
toxic by inhalation hazard material at 55 [deg]C (131 [deg]F) may not
exceed the service pressure of the cylinder and that sufficient outage
must be provided so that the cylinder will not be liquid full at 55
[deg]C (131 [deg]F). CGA and another appellant state that this revision
would affect the shipment of hydrogen sulfide, a Hazard Zone B
material, in DOT specification 3A and 3AA480 cylinders, as authorized
in Sec. 173.304a. Specifically, the appellants point out that the
pressure of hydrogen sulfide at 55 [deg]C (131 [deg]F) exceeds the 480
psi marked service pressure for DOT 3A and 3AA480 cylinders. They also
note that the Sec. 173.304a table continues to authorize DOT
specification cylinders with a marked service pressure of 480 psi, thus
creating a conflict with the provisions in Sec. 173.40(b). The
appellants are correct that an inconsistency exists between the
provisions in Sec. 173.40(b) and the entry in Sec. 173.304a table for
hydrogen sulfide. Hydrogen sulfide has a vapor pressure of about 545
psi at 55 [deg]C (131 [deg]F). Therefore, in this final rule, we are
revising the hydrogen sulfide entry in the Sec. 173.304a table. This
revised entry permits the continued use of currently authorized
cylinders for hydrogen sulfide until December 31, 2003. After the
transition period, hydrogen sulfide must be transported in a cylinder
that conforms to the requirements in Sec. 173.40(b). Also, for
consistency we are extending the dates in Sec. Sec. 173.40(b) and
173.301a(d)(3) to December 31, 2003.
In addition, an appellant notes that throughout the HMR, the normal
filling densities and liquid-full conditions for liquefied compressed
gas in cylinders are based on two temperatures, ``54 [deg]C (130
[deg]F)'' and ``55 [deg]C (131 [deg]F).'' The appellant suggests that
one set of values be used. We agree and are revising the pressure
reference temperature to read ``55 [deg]C (131 [deg]F)'' throughout the
HMR, except in Sec. 173.306. This reference temperature is consistent
with that used in the United Nations Recommendations on the Transport
of Dangerous Goods (UN Model Regulations).
Sections 173.301(f)(2) and 177.840(a)(1). Appellants express
concern about the requirement in the August 8, 2002 final rule that the
inlet port to the relief channel of a pressure relief device (PRD),
when installed, must be in the cylinder's vapor space. Several
appellants maintain that it is not possible to assure that the PRD is
in communication with the vapor space. They further state that vapor
space shifts based on the orientation of a cylinder, thus making it
impossible to insure that the inlet port to the PRD is always in the
cylinder's vapor space. Other appellants, representing the fire
suppression industry, express concern that the current configuration of
most fire suppression cylinders locates the inlet port to the pressure
relief device in a siphon tube, which communicates directly with the
liquid portion of the contents rather than the vapor space.
Consequently, this requirement would ban most fire suppression
cylinders from transportation. The appellants state that in order to
comply with the requirement, fire suppression cylinders would have to
be redesigned to increase flow capacity and resubmitted to Underwriters
Laboratories for testing and approval. They argue that this process
effectively could take eighteen months or more. Moreover, several
appellants cite test data generated in the late 1970s by CGA, with DOT
participation, demonstrating that the current PRDs operate as designed
regardless of whether the PRD inlet port is in the liquid or vapor
space of the cylinder. CGA furnished a copy of the bonfire test data
used to support the adequacy of PRDs conforming to CGA Pamphlet S-1.1.
Based on the merits of the comments and test data, we agree that
the current requirements in CGA Pamphlet S-1.1 are adequate, regardless
of whether the inlet port to a PRD communicates with the liquefied gas
or the vapor space. However, it remains our position that, in a fire, a
cylinder that vents a liquefied flammable gas poses a greater risk than
if it vents vapors. Appellants support continuing to apply the
requirement to liquefied flammable gases to minimize the amount of gas
released and potential for initiation of the gas. Therefore, we are
revising Sec. Sec. 173.301(f)(2) and 177.840(a)(1) to require that the
PRD be in the vapor space of cylinders used to transport Division 2.1
(flammable gas) materials, only.
Sections 173.301(f)(3) and 180.205(c)(4). Sections 173.301(f)(3)
and 180.205(c)(4) set forth requirements for PRDs. The August 8, 2002
final rule requires that PRDs for DOT-3 series cylinders must be set at
100% of test pressure, with an allowable tolerance of minus 10% to plus
zero. CGA and several other appellants oppose this requirement, stating
that it does not take into consideration that several types of PRDs are
activated either by pressure, temperature or both. For example,
appellants state that certain PRDs, such as CG-2, CG-3, and CG-9
devices, are fusible plug devices activated by temperature and not by
pressure. PRDs incorporating a CG-1, CG-4, and CG-5 device are
activated by pressure or a combination of temperature and pressure.
Similarly, other appellants state that the requirements specified in
CGA Pamphlet S-1.1 restrict certain PRDs, such as CG-2, CG-3, and CG-7
devices, to service pressures below 500 psig, regardless of the test
pressure of the cylinder. The appellants request that the provision
requiring PRDs on DOT 3-series cylinders be set at 100% of test
pressure, with an allowable tolerance of minus 10% to plus zero apply
to the CG-1, CG-4, and CG-5 PRDs, only. We
[[Page 24655]]
agree with the appellants and have made the appropriate changes.
In addition, FSSA and other appellants in the fire protection
industry emphasize that cylinders used for fire extinguishers have
assemblies consisting of a combined rupture disk and holder as
specified in CGA Pamphlet S-1.1, paragraph 6.3.2. These appellants
reiterate that CGA Pamphlet S-1.1 stipulates an operating tolerance of
minus 15% to plus zero for PRDs with a holder. We agree that while the
rupture disks are designed with a tolerance of minus 10% to plus zero,
when a disk is placed inside a holder, the disk may rupture below its
allowable tolerance of 10%. Therefore, we are allowing an additional 5%
tolerance, as allowed in CGA S-1.1-1994, paragraph 6.3.2, for a
combined rupture disk and holder. We are revising Sec. Sec.
173.301(f)(3) and 180.205(c)(4) for consistency with these tolerances
requirements.
Section 173.301(h)(2). Section 173.301 sets forth the requirements
for cylinder valve protection. The August 8, 2002 final rule
discontinues an authorization that allows protection of the valves by
loading and securing the cylinders in an upright position in cars and
motor vehicles, when loaded by the consignor and unloaded by the
consignee. An appellant, opposing the removal of this provision, states
that shipping experience using this particular method has proven to be
adequate and requests that the authorization be continued.
Based upon the appellant's request that this method be allowed for
cylinders manufactured before October 1, 2007, in the September 30,
2002 final rule we adopted a new paragraph (h)(2)(iv) to permit
continuance of the authorization until May 30, 2003. Upon further
consideration of the impact on industry and the changes adopted in
Sec. 177.840(a)(1), we agree that the authorization should be
continued for cylinders properly secured in rail cars and motor
vehicles during transportation. Therefore, we are revising paragraph
(h)(2)(iv) to continue the authorization.
Section by Section Review
The following is a section-by-section summary of changes and, where
applicable, a discussion of appeals received.
Part 107
Section 107.803. Section 107.803 sets forth the application
procedures for approval as an Independent Inspection Agency (IIA). In
the August 8, 2002 final rule, we inadvertently omitted a provision
contained in former Sec. 173.300a. The provision authorizes an
approved IIA to perform other inspections and functions relating to the
inspections and verifications of cylinders used in the transportation
of hazardous materials. We are correcting the oversight by adding this
provision in a new paragraph (e) in this final rule.
Section 107.805. Section 107.805 sets forth application procedures
for persons seeking approval to perform periodic cylinder
requalification. In the August 8, 2002 final rule, we inadvertently
omitted a provision contained in former Sec. 173.34(e)(2)(iv). The
provision requires a person who holds a current requalification
identification number (RIN) to inform RSPA in writing within 20 days of
any change in the company's address, cylinder qualification personnel
or testing equipment. The requirement to notify RSPA of these changes
is reiterated in all RIN issuance letters. We are correcting the
oversight by adding the provision in a new paragraph (e) in this final
rule.
Part 171
Section 171.12. In paragraph (b)(15), we are revising the reference
``173.301(j) through (l)'' to read ``173.301(j) through (m)'' for
consistency with a change made in the paragraph designations in Sec.
173.301 of this final rule.
Section 171.12a. In paragraph (b)(13), we are revising the
reference ``Sec. 173.301(i) and (j)'' to read ``Sec. 173.301(j)
through (m)'' for consistency with a change made in the paragraph
designations in Sec. 173.301 of this final rule.
Part 173
Section 173.40. Section 173.40 sets forth the general packaging
requirements for toxic materials packaged in cylinders. An appellant
requests that we reconsider the compliance date of a requirement
contained in paragraph (a)(2) that permits a DOT 3AL cylinder made of
aluminum alloy 6351-T6 filled with a Hazard Zone A material prior to
October 1, 2002, to be offered for transportation and transported to
its ultimate destination for reprocessing or disposal until April 1,
2003. The appellant states that the April 1, 2003 compliance date did
not provide sufficient time to recover affected cylinders. Because
cylinders made of aluminum alloy 6351-T6 are susceptible to sustained
load cracking, we are not extending the April 1, 2003 compliance
deadline date in this final rule. However, persons who may need to
transport a filled cylinder for recovery or reprocessing after April 1,
2003, may submit an application for exemption in accordance with the
procedures in 49 CFR 107.105 or 107.117.
We are revising paragraph (b), as discussed earlier in this
preamble, to extend the compliance date for the requirement that the
service pressure of a cylinder used for a Hazard Zone B material equal
or exceed the material's vapor pressure at 55 [deg]C (131 [deg]F) until
December 31, 2003.
An appellant questions whether the requirement in paragraph (c)
that each cylinder valve outlet must be closed with a plug or valve
applies to any amount of Division 2.3 Hazard Zone A gas. The
requirements of Sec. 173.40 for Division 2.3 Hazard Zone A gases apply
to any quantity of hazardous material, including residues and mixtures
that meet the definition for this division and zone. Further, this
requirement has been in effect since October 1, 1991.
In paragraph (d)(2), we are revising the valve protection
requirements to provide that when a protective device or overpack is
used, it must be designed to protect the valve from breakage or leakage
resulting from a drop of 2.0 m (7 ft) onto a non-yielding surface, such
as concrete or steel. An appellant states that although a deformed
valve is undesirable, a deformed valve should be acceptable if there is
no loss of contents. We agree and are removing the requirement that the
valve be protected from deformation.
Section 173.163. We are making a minor editorial change in this
section.
Section 173.181. We are removing a reference to former Sec.
173.34(d)(6).
Section 173.226 and 173.228. We are revising Sec. Sec. 173.226(a)
and 173.228(b) to allow welded cylinders filled before October 1, 2002
with Hazard Zone A materials to be transported until December 31, 2003,
for reprocessing or disposal of the contents. An appellant requests
that we allow welded cylinders filled with Hazard Zone A material
before October 1, 2002, to be returned empty to the shipper without any
time limitation. Because of the inherent risks posed by using welded
cylinders for toxic by inhalation hazard materials, we do not agree
that an unlimited time period should be granted.
Section 173.301. Paragraph (a) includes general cylinder
requirements for shipment of compressed gases in cylinders and
spherical pressure vessels. We are revising the wording in paragraph
(a)(3) to require the replacement of a leaking PRD where the leak is
through the fusible metal and the opening in the plug body. An
appellant states that most gas suppliers do not have the skills to
perform these repairs on defective PRDs; therefore, the device
[[Page 24656]]
should be replaced and not repaired. We agree with the appellant.
As discussed earlier in this preamble, we are making several
changes to the PRD requirements in paragraph (f). We are revising
paragraph (f)(2) to require the PRD to be in the vapor space of a
cylinder only when it contains a Division 2.1 (flammable gas) material.
In paragraph (f)(3), we are applying the operating tolerance
requirements to types CG-1, CG-4, and CG-5 PRDs only. We are also
allowing an additional 5% tolerance when a PRD is fitted in a disk
holder.
A commenter pointed out that the PRD requirement in paragraph
(f)(3) also should apply to a DOT 3T cylinder when fitted with a PRD.
We agree that these safety controls should apply and are including the
DOT 3T cylinder in the provision.
An appellant requests that in paragraph (f)(5)(i) we revise the
wording ``or a nonliquefied gas to a pressure of 1800 psig or higher''
to read ``or a nonliquefied gas to a pressure greater than 1800 psig.''
The appellant states that this change would permit vast numbers of
``DOT E1800 lecture bottles'' which are rated for 1800 psi and do not
have a PRD to continue to be shipped. We do not agree with the
appellant. The provision requiring a cylinder filled with a
nonliquefied gas to a pressure of 1800 psi or higher at 70 [deg]F to
have a PRD was adopted into the regulations before 1950. We proposed no
revision to the requirement. Therefore, the appellant's request is
outside the scope of this rulemaking and the requirement is retained.
Paragraph (g) sets forth requirements for manifolding cylinders in
transportation. We are revising the wording in paragraph (g)(1) to
allow PRDs on manifolded horizontal cylinders, mounted on a motor
vehicle or in a framework, to be based on the lowest marked pressure of
any individual cylinder in the manifold unit. Appellants state that
allowing the manifolded cylinders to have PRDs with the same pressure
setting will enhance safety because the set pressure on the individual
cylinders will not exceed the minimum test pressure of the cylinders.
We agree and have revised the provision accordingly. In addition, the
PRD setting of any horizontal cylinder removed from an existing
manifold and installed into a different manifold must meet the
requirements in paragraph (g)(1) to prevent the premature release of
cylinder contents during transportation.
Another appellant requests the removal of a requirement in
paragraph (g)(1) stating that PRDs on manifolded horizontal cylinders
filled with a compressed gas must be arranged to discharge unobstructed
to the open air in such a manner as to prevent any escaping gas from
contacting personnel or any adjacent cylinders. The appellant states
that the requirement is unnecessary for Division 2.2 (non-flammable)
gases and would impose considerable costs with no increase in safety.
It was our intent to prevent, after a PRD activates, a condition that
restricts the gas from releasing from the device. We are revising the
requirement for clarity.
Paragraph (h) sets forth requirements for cylinder valve
protection. As discussed earlier in this preamble, we are revising
paragraph (h)(2) for cylinders manufactured before October 1, 2007, to
allow cylinders to have their valves protected by loading the cylinders
in an upright position and securely restraining them in rail cars or
motor vehicles, when loaded by the consignor and unloaded by the
consignee.
Paragraph (h)(3) contains valve protection requirements for
cylinders manufactured on and after October 1, 2007. An appellant who
opposes the requirement requests that it be removed. The appellant
states that with an estimated 100 million seamless and welded cylinders
in circulation within the United States, other than acetylene
cylinders, a 5-year transition period does not provide sufficient time
for the changeover to a new valve protection system. Further, the
appellant states that the valve caps currently in use may not meet the
new requirement, and a new design that is different from existing
designs will be required to prevent older style caps from being used on
cylinders manufactured after October 1, 2007.
Another appellant requests a revision to paragraph (h)(3) to
require that cylinder caps and valve guards meeting the new performance
drop test adopted in the August 8, 2002 final rule be stamped with the
marking ``Sec. 173.301(h)(3).'' The appellant states that, without
this marking, no means exist to identify the caps and valve guards
conforming to the performance requirement; thus, the rule would be
unenforceable. We do not agree with the first appellant's request that
paragraph (h)(3) be removed. The performance requirement provides
increased assurance that the valves will be protected if the cylinder
is dropped onto a concrete surface. The August 8, 2002 final rule
provides a five-year transition period to facilitate compliance with
the requirement.
We believe the latter appellant's suggestion that some means should
be used to identify cylinder valve caps and guards that meet the new
performance requirement has merit. However, we did not include a
marking requirement in the notice of proposed rulemaking (Docket HM-
220, 63 FR 58460, October 30, 1998). Therefore, the request is beyond
the scope of this rulemaking. Even though we did not propose a method
to distinguish valve caps and guards conforming to the performance
requirement, we encourage industry to employ effective methods. We will
consider proposing a marking requirement in a future rulemaking.
Paragraph (i)(3) addresses cylinders longer than 2 m (6.5 ft)
horizontally mounted on motor vehicles or in frames. The appellant who
opposed the requirement in paragraph (h)(2) that PRDs be arranged in
such a manner as to prevent any escaping gas from contacting personnel
or any adjacent cylinders also opposed a similar provision in this
paragraph. We are revising the provision to clarify that gas released
from the device must be unobstructed.
In the August 8, 2002 final rule, we inadvertently omitted
reciprocity provisions contained in former Sec. 173.301(i)(2). The
provisions authorize cylinders marked ``CTC'' and conforming to
Canadian Transport of Dangerous Goods Regulations to be transported to,
from or within the United States under certain conditions. We are
correcting the oversight by adding the provisions in paragraph (m) in
this final rule.
Section 173.301a. Paragraph (d)(3) is revised for consistency with
the provisions in Sec. 173.40 which contains general packaging
requirements for Hazard Zone A and B materials.
Section 173.302a. An appellant expresses concern that the
regulatory text adopted in paragraph (b)(3)(iii) conflicts with the
preamble discussion of this section contained in the August 8, 2002
final rule. The regulatory text states that compliance with the average
wall stress limitation may be met by computing the elastic expansion
rejection limit (REE) in accordance with CGA Pamphlet C-5. However, the
preamble states ``we are not authorizing the use of an REE marking
applied to the cylinder by a person other than the manufacturer because
it may be inaccurate.'' The appellant states that CGA Pamphlet C-5 has
allowed persons other than the manufacturer to determine and mark the
REE on the cylinder for years. With this being the case, there is no
way to differentiate between an REE marking made by the manufacturer or
some other person. We disagree with appellant. In our review of CGA
Pamphlet C-5, we found no
[[Page 24657]]
provision that allows the REE to be stamped by persons other than the
cylinder manufacturer. This fact was verified with CGA.
Section 173.304. For uniformity with other references in the HMR,
the reference to temperature ``54 [deg]C (130 [deg]F)'' is revised to
read ``55 [deg]C (131 [deg]F).''
Section 173.304a. In paragraph (a)(2) table the heading reference
``Sec. Sec. 173.301(a)(1), 173.301(a)(4)'' in column three is revised
to read ``Sec. Sec. 173.301(l), 173.301a(e), and 180.205(a)'' for
consistency with the provisions in the HMR. For uniformity with other
temperature references in the HMR, we are revising the wording ``Not
liquid full at 130 [deg]F'' and ``Not liquid at 130 [deg]F'' to read
``Not liquid full at 131[deg]F'' in the following entries:
``Dichlorodifluoromethane and difluoroethane mixture,'' ``Insecticide,
gases liquefied,'' ``Liquefied nonflammable gases, other than
classified flammable, corrosive, toxic & mixtures or solution thereof
filled w/nitrogen, carbon dioxide, or air,'' and ``Methyl acetylene-
propadiene, mixtures, stabilized.''
We are correcting several shipping names by replacing the word
``inhibited'' with the word ``stabilized'' for the entries,
``Tetrafluoroethylene/inhibit,'' ``Trifluorochloroethylene,
inhibited,'' ``Vinyl fluoride, inhibited,'' and ``Vinyl methyl ether,
inhibited.'' These changes were adopted in a separate final rule
(Docket No. RSPA-2000-7702 (HM-215D), June 21, 2001, 66 FR 33316) that
made revisions to harmonize the HMR with the standards contained in the
UN Model Regulations.
In paragraph (c), for uniformity with other references in the HMR,
we are revising the reference temperature ``54 [deg]C (130 [deg]F)'' to
read ``55 [deg]C (131 [deg]F).''
In paragraph (d), the specific gravity ``9.504'' is in error. We
are correcting the value to read ``0.504.''
Section 173.305. In paragraph (b), for uniformity with other
references in the HMR, we are revising the reference temperature ``54
[deg]C (130 [deg]F)'' to read ``55 [deg]C (131 [deg]F).''
Section 173.306. In paragraph (g)(5), we are revising the reference
``Sec. 173.301(a)(8)'' to correctly reference the outer packaging
requirements for cylinders that are now contained in Sec. 173.301(h).
Part 177
Section 177.840. As discussed earlier in this preamble, we are
revising paragraph (a)(1) to apply the requirement that a cylinder
fitted with a PRD must be in communication with the vapor space to
Division 2.1 (flammable gas) material, only.
An appellant states that paragraph (a)(1), as written, prohibits
the use of other freight as a means of securement to prevent movement
of cylinders under normal conditions of transportation. Also read
literally, the wording requires boxes containing cylinders to be
securely attached to the motor vehicle. The appellant states that for-
hire carriers cannot comply with the requirements. It was not our
intent to require that the boxes be attached to the vehicle. We are
revising the wording in this paragraph for clarity. However, as adopted
in the August 8, 2002 final rule, the cylinders must be secured on the
vehicle to prevent their being shifted, overturned or ejected from the
vehicle under normal transportation conditions. Further, because we are
continuing to allow the protection of the valves to be met by loading
the cylinder in an upright position under Sec. 173.301(h)(2) of this
final rule, it is crucial that the cylinders be properly secured and
restrained during transportation. Depending on the size and weight of
the cylinders, the use of other freight as the sole means of securement
may not be entirely sufficient.
Part 178
Section 178.46. An appellant requests that the maximum amount of
lead (Pb) and bismuth (Bi) for aluminum alloy 6061 be changed to 0.003
percent from 0.005 percent for consistency with the values adopted in
ISO 7866 and the UN Model Regulations. As we stated in the August 8,
2002 final rule, we adopted the limits based on chemical composition
prescribed for unlisted metallic elements specified in Table 1 of ASTM
B221. We plan to address cylinders manufactured to the UN Model
Regulations in a future rulemaking.
Part 180
Section 180.203. NPGA requests a revision of the definition of
``commercially free of corrosive components'' to include a reference to
Table 1 in the Gas Processors Association (GPA) Standard 2140. In the
final rule, we provided for cylinders used for petroleum gases meeting
the moisture and corroding component limits in ASTM D-1835, ``Standard
Specification for Liquefied Petroleum (LP) Gases,'' to be given an
external visual inspection in place of a pressure test. We adopted this
provision in Sec. 180.209, in paragraph (e) and the table in paragraph
(g). NPGA states that GPA 2140, ``Liquefied Petroleum Gas Specification
and Test Methods'' is a technically equivalent standard to ASTM D-1835
and contains the same provisions relative to moisture content and
control of sulfur compounds as the ASTM standard. NPGA expresses
concern that propane marketers whose supplier contracts may reference
GPA 2140 rather than ASTM D-1835 could effectively be precluded from
performing external visual inspections. We do not agree that the
definition for ``commercially free of corrosive components'' should be
revised. We are including a provision to recognize standards that are
equivalent to ASTM D-1835 in Sec. 180.209(e) and the table in
paragraph(g).
An appellant requests a revision to the definition of ``Non-
corrosive service'' to specifically include oxygen. The appellant
states that including oxygen will allow cylinders used in oxygen
service to be periodically retested once every 10 years instead of once
every five years. We do not agree that the definition for ``non-
corrosive service'' should be revised to include oxygen. Oxygen may be
corrosive when it contains moisture or other impurities. Furthermore,
current Sec. 180.209(b) provides that a DOT 3A or 3AA cylinder may be
requalified every ten years instead of five years if used for oxygen
that is commercially free of corroding components.
An appellant requests a revision to the definition of ``Over-
heated'' to add a statement that reads ``WARNING: This requirement
pertains to an instantaneous heating. This requirement does not imply
that heating cylinders at slightly lower temperatures for longer
periods of time is an acceptable practice. Before heating cylinders for
any purpose, the manufacturer should be contacted for time and
temperature relationships and limits.'' The appellant states that there
is a time requirement that must be considered when heating cylinders.
The effects on the material are cumulative. Therefore, this warning
statement alerts the user to the time interval associated with proposed
temperature and to contact the manufacturer for heating operations. We
agree that metal degradation is dependent on both temperature and time.
However, we do not agree the definition of ``over-heated'' should be
revised. The definition of ``over-heated'' in Sec. 180.203 applies to
the condemnation criteria for aluminum cylinders during the
requalification process and not to instances which may require a
cylinder to be heated. Therefore, revising the definition to include a
warning statement is not warranted. We recommend that users contact the
manufacturers for restrictions on heating aluminum cylinders.
[[Page 24658]]
Section 180.205. Paragraph (c) sets forth requirements for periodic
requalification of cylinders. As discussed earlier in this preamble, we
are revising paragraph (c)(4) to require the PRD to be in the vapor
space of a cylinder only when it contains a Division 2.1 (flammable
gas) material. Also as discussed earlier, in paragraph (f)(3), we are
applying the operating tolerance requirements to CG-1, CG-4, and CG-5
PRDs only.
Paragraph (d) sets forth conditions requiring test and inspection
of cylinders. An appellant requests a revision to state that the
inspection and test are required when the cylinder shows evidence of
dents, corrosion, cracked or abraded areas, leakage, thermal damage
``in excess of what is permitted by CGA Pamphlets C-6, C-6.1, C-6.2, C-
6.3, C-8 or C-13.'' The appellant states that, as written, any of the
listed conditions, regardless of how inconsequential, would require
requalifying the cylinder. Therefore, the requested revision better
reflects what is intended and current industry practice. We do not
agree with the appellant. The requirement does not apply ``regardless
of how inconsequential'' the condition of the cylinder. Rather, as
stated, the requirement to perform a test and inspection applies to
conditions that might render the cylinder ``unsafe for use in
transportation.'' The requirement is retained.
Paragraph (f) sets forth the visual inspection requirements for
cylinders. We are revising paragraph (f)(4), containing inspection
requirements for cylinders made of aluminum alloy 6351-T6, to remove
the wording ``in accordance with the cylinder manufacturer's written
recommendations, which must be approved in writing by the Associate
Administrator.'' Requalifiers are to inspect the neck and shoulder
areas of these cylinders for evidence of sustained load cracking using
any appropriate procedure. We are developing an NPRM to address the
inspection of these cylinders.
Paragraph (g) sets forth the pressure test requirements for
cylinders. In paragraph (g)(2), we are revising the reference ``0.1
cm3'' to read ``0.1 cc'' because the acronym ``cc'' is a
more recognizable unit of measure. In paragraph (g)(3)(ii), the
reference ``0.1 cubic centimeter'' is removed and ``0.1 cc'' is added
in its place for consistency with the change in paragraph (g)(2).
Section 180.209. In the table in paragraph (a), we are revising the
heading to column 3 to read ``Requalification period (years)'' in place
of ``Test period (years)'' to more accurately reflect that a
requalification may be an inspection or a test.
In the August 8, 2002 final rule, we revised paragraph (b)(1)(ii)
to allow cylinders containing ``fluorinated hydrocarbons, liquefied
hydrocarbons, and mixtures thereof which are commercially free from
corroding components'' and certain other gases to be requalified every
ten years instead of every five years. An appellant states that
chlorinated hydrocarbons have properties similar to fluorinated
hydrocarbons and, therefore, should be listed. We agree and are adding
an entry for ``chlorinated hydrocarbons and mixtures thereof that are
commercially free from corroding components'' in paragraph (a)(1)(ii)
in this final rule. For the same reason, we are adding an entry for
chlorinated hydrocarbons in the table in paragraph (g). Also in the
table in paragraph (g), we are correcting the entry ``Ethyleneimine,
inhibited'' by replacing the word ``inhibited'' with the word
``stabilized.'' In addition, as stated earlier in the preamble
discussion to Sec. 180.203, we are revising the wording in Sec.
180.209(e) and the table in paragraph (g) to recognize standards that
are equivalent to ASTM D-1835.
In the August 8, 2002 final rule, we inadvertently omitted a
requirement in former Sec. 173.34(e)(15) stating that a DOT 3HT
cylinder must be requalified in accordance with CGA Pamphlet C-8. We
are redesignating current paragraph (k) as paragraph (l) and adding the
provision in new paragraph (k) in this final rule.
Finally, in this section, we are correcting several section
references.
Section 180.211. In paragraph (d)(1)(iii), we are correcting a
section reference.
Section 180.215. In paragraph (b)(1), we are correcting the
paragraph heading ``Pressure test records'' to read ``Calibration test
records'' to correctly identify the records prescribed in this
paragraph. The pressure test records are prescribed in paragraph
(b)(2).
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. The rule is not considered significant
under the Regulatory Policies and Procedures of the Department of
Transportation (44 FR 11034).
This final rule amends an August 8, 2002 final rule that made
revision to requirements applicable to the maintenance,
requalification, repair and use of DOT specification cylinders. A
regulatory evaluation prepared for the August 8, 2002 final rule is
available for review in the docket. The original regulatory evaluation
was not modified because the amendments herein do not impose additional
requirements and are not substantive changes to the final rule.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines a rule is not expected to have a
significant economic impact on a substantial number of small entities.
This final rule imposes no new costs of compliance on the regulated
industry and, in fact, should reduce overall costs of compliance. Based
on the assessment in the original regulatory evaluation, I hereby
certify that while this final rule applies to a substantial number of
small entities, there will not be a significant economic impact on
those small entities. A detailed Regulatory Flexibility analysis for
the August 8, 2002 final rule is available for review in the docket.
C. 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 with 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.
Federal hazardous materials transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b))
preempting 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
[[Page 24659]]
(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 items 2 and 5 above and
preempts state, local, and Indian tribe requirements not meeting the
``substantively the same'' standard. This final rule is necessary to
assure an acceptable level of safety for the transportation of
hazardous materials in cylinders.
Federal hazardous materials transportation law provides at section
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 of this final rule is 90 days
from publication of this final rule in the Federal Register.
D. 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 significantly or uniquely affect the communities of the Indian
tribal governments and does not impose substantial direct compliance
costs, the funding and consultation requirements of Executive Order
13175 do not apply.
E. Unfunded Mandates Reform Act of 1995
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, in the aggregate, to any of the following: State,
local, or Indian tribal governments, or the private sector. This rule
is the least burdensome alternative to achieve the objective of the
rule.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it displays a valid OMB
control number. The amendments contained in this final rule imposes no
changes to the information collection and recordkeeping requirements
contained in the August 8, 2002 final rule, which was approved by the
Office of Management and Budget under the provisions of 44 U.S.C.
chapter 35 and assigned control numbers 2137-0022 (approved through 09/
30/2005) and 2137-0557 (approved through 12/31/2005).
G. 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 contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
H. Environmental Assessment
This final rule relaxes certain provisions contained in an August
8, 2002 final rule. The August 8, 2002 final rule incorporates new
cylinder technologies through new and updated incorporations by
reference of consensus standards developed by CGA; increases
flexibility for cylinder requalifiers, and users; and facilitates
compliance with the HMR by clarifying and reorganizing regulatory
requirements applicable to cylinders. In addition, the August 8, 2002
final rule improves the overall safety performance of DOT specification
cylinders by addressing several identified safety problems. The August
8, 2002 final rule contains revisions to minimize unintentional
releases of hazardous materials from cylinders during transportation
and, therefore, will reduce environmental damage associated with such
releases. To the extent that the revisions in this final rule maintain
an equivalent level of safety for transportation of hazardous materials
in cylinders, we find that there are no significant environmental
impacts associated with this final rule.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 177
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, Railroad safety, and Reporting and
recording requirements.
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
1. The authority citation for part 107 continues to read as
follows:
2. Authority: 49 U.S.C. 5101-5127; 44701; Sec. 212-213. Pub. L.
104-121, 110 Stat. 857; 49 CFR 1.45 and 1.53.
0
3. In Sec. 107.803, paragraph (e) is added to read as follows:
Sec. 107.803 Approval of independent inspection agency.
* * * * *
(e) After approval, the Associate Administrator may authorize, upon
request, the independent inspection agency to perform other inspections
and functions for which the Associate Administrator finds the applicant
to be qualified. Such additional authorizations will be noted on each
inspection agency's approval documents.
0
4. In Sec. 107.805, paragraph (g) is added to read as follows:
Sec. 107.805 Approval of cylinder requalifiers.
* * * * *
(g) Each holder of a current RIN shall report in writing any change
in its name, address, ownership, testing equipment, or management or
personnel performing any function under this section, to the Associate
Administrator (DHM-32) within 20 days of the change.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
5. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 171.12 [Amended]
0
6. In Sec. 171.12, paragraph (b)(15) is amended by removing the
wording ``173.301(j) through (l)'' and adding ``173.301(j) through
(m)'' in its place.
Sec. 171.12a [Amended]
0
7. In Sec. 171.12a, paragraph (b)(13) is amended by removing the
wording
[[Page 24660]]
``173.301(i) and (j)'' and adding ``173.301(j) through (m)'' in its
place.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
8. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.45 and 1.53.
0
9. In Sec. 173.40, paragraphs (b) and (d)(2) are revised to read as
follows:
Sec. 173.40 General packaging requirements for toxic materials
packaged in cylinders.
* * * * *
(b) Outage and pressure requirements. The pressure at 55 [deg]C
(131 [deg]F) of Hazard Zone A and, after December 31, 2003, Hazard Zone
B materials may not exceed the service pressure of the cylinder.
Sufficient outage must be provided so that the cylinder will not be
liquid full at 55 [deg]C (131 [deg]F).
* * * * *
(d) * * *
(2) Each cylinder with a valve must be equipped with a protective
metal cap, other valve protection device, or an overpack which is
sufficient to protect the valve from breakage or leakage resulting from
a drop of 2.0 m (7 ft) onto a non-yielding surface, such as concrete or
steel. Impact must be at an orientation most likely to cause damage.
* * * * *
0
10. Section 173.163 is revised to read as follows:
Sec. 173.163 Hydrogen fluoride.
Hydrogen fluoride (hydrofluoric acid, anhydrous) must be packaged
in a specification 3, 3A, 3AA, 3B, 3BN, 3E, or 4A cylinder; or a
specification 4B, 4BA, or 4BW cylinder if the cylinder is not brazed.
Filling density may not exceed 85 percent of the cylinder's water
weight capacity. In place of the periodic volumetric expansion test,
cylinders used in exclusive service may be given a complete external
visual inspection in conformance with part 180, subpart C, of this
subchapter, at the time such periodic requalification becomes due.
Cylinders removed from hydrogen fluoride service must be condemned in
accordance with Sec. 180.205 of this subchapter and, at the direction
of the owner, the cylinder may be rendered incapable of holding
pressure.
Sec. 173.181 [Amended]
0
11. In Sec. 173.181, the last sentence in paragraph (a)(2) is amended
by removing the reference ``Sec. Sec. 173.34(d)(6) and 177.838(h)''
adding ``Sec. 177.838(h)'' in its place.
0
12 In Sec. 173.226, paragraph (a) is revised to read as follows:
Sec. 173.226 Materials poisonous by inhalation, Division 6.1, Packing
Group 1, Hazard Zone A.
* * * * *
(a) In seamless specification cylinders conforming to the
requirements of Sec. 173.40. However, a welded cylinder filled before
October 1, 2002, may be transported for reprocessing or disposal of the
cylinder's contents until December 31, 2003.
* * * * *
0
13. In Sec. 173.228, paragraph (b) is revised to read as follows:
Sec. 173.228 Bromine pentafluoride or bromine trifluoride.
* * * * *
(b) A material in Hazard Zone A must be transported in a seamless
specification cylinder conforming to the requirements of Sec. 173.40.
However, a welded cylinder filled before October 1, 2002, in accordance
with the requirements of this subchapter in effect at the time of
filling, may be transported for reprocessing or disposal of the
cylinder's contents until December 31, 2003. No cylinder may be
equipped with a pressure relief device.
Sec. 173.301 [Amended]
0
14. In Sec. 173.301, the following amendments are made:
0
a. Paragraph (a) is amended by removing the reference ``173.302 through
173.305'' and adding ``173.301a through 173.305'' in its place.
0
b. Paragraphs (a)(3), (f)(2), (f)(3), (g)(1) introductory text,
(h)(2)(iv), (i)(3), and the beginning of the first sentence in
paragraph (h)(3) introductory text, are revised.
0
c. Paragraph (m) is redesignated as paragraph (n) and a new paragraph
(m) is added.
The revisions and additions read as follows:
Sec. 173.301 General requirements for shipment of compressed gases in
cylinders and spherical pressure vessels.
* * * * *
(a) * * *
(3) Pressure relief devices must be tested for leaks before a
filled cylinder is shipped from the cylinder filling plant. It is
expressly forbidden to repair a leaking fusible plug device where the
leak is through the fusible metal or between the fusible metal and the
opening in the plug body, except by removal and replacement of the
pressure relief device.
* * * * *
(f) * * *
(2) After December 31, 2003, a pressure relief device, when
installed, must be in communication with the vapor space of a cylinder
containing a Division 2.1 (flammable gas) material.
(3) For a specification 3, 3A, 3AA, 3AL, 3AX, 3AXX, 3B, 3BN, or 3T
cylinder filled with gases in other than Division 2.2, beginning with
the first requalification due after December 31, 2003, the burst
pressure of a CG-1, CG-4, or CG-5 pressure relief device must be at
test pressure with a tolerance of plus zero to minus 10%. An additional
5% tolerance is allowed when a combined rupture disk is placed inside a
holder. This requirement does not apply if a CG-2, CG-3 or CG-9
thermally activated relief device or a CG-7 reclosing pressure valve is
used on the cylinder.
* * * * *
(g) * * *
(1) Cylinder manifolding is authorized only under conditions
prescribed in this paragraph (g). Manifolded cylinders must be
supported and held together as a unit by structurally adequate means.
Except for Division 2.2 materials, each cylinder must be equipped with
an individual shutoff valve that must be tightly closed while in
transit. Manifold branch lines must be sufficiently flexible to prevent
damage to the valves that otherwise might result from the use of rigid
branch lines. Each cylinder must be individually equipped with a
pressure relief device as required in paragraph (f) of this section,
except that pressure relief devices on manifolded horizontal cylinders
that are mounted on a motor vehicle or framework may be selected as to
type, location, and quantity according to the lowest marked pressure
limit of an individual cylinder in the manifolded unit. The pressure
relief devices selected for the manifolded unit must have been tested
in accordance with CGA pamphlets S-1.1 and S-7 (incorporated by
reference; see Sec. 171.7 of this subchapter). Pressure relief devices
on manifolded horizontal cylinders filled with a compressed gas must be
arranged to discharge unobstructed to the open air. In addition, for
Division 2.1 (flammable gas) material, the PRDs must be arranged to
discharge upward to prevent any escaping gas from contacting personnel
or any adjacent cylinders. Valves and pressure relief devices on
manifolded cylinders filled with a compressed gas must be protected
from damage by framing, a cabinet, or other method. Manifolding is
authorized for cylinders containing the following gases:
* * * * *
[[Page 24661]]
(h) * * *
* * * * *
(2) For cylinders manufactured on or after October 1, 2007, * * *
* * * * *
(iv) By loading the cylinders in an upright position and securely
bracing the cylinders in rail cars or motor vehicles, when loaded by
the consignor and unloaded by the consignee.
(i) * * *
(3) The pressure relief device must be arranged to discharge
unobstructed to the open air. In addition, for Division 2.1 (flammable
gas) material, the pressure relief devices must be arranged to
discharge upward to prevent any escaping gas from contacting personnel
or any adjacent cylinders.
* * * * *
(m) Canadian cylinders in domestic use. A Canadian Transport
Commission (CTC) specification cylinder manufactured, originally marked
and approved in accordance with the CTC regulations and in full
conformance with the Canadian Transport of Dangerous Goods (TDG)
Regulations is authorized for the transportation of a hazardous
material to, from or within the United States under the following
conditions:
(1) The CTC specification corresponds with a DOT specification and
the cylinder markings are the same as those specified in this
subchapter except that they were originally marked with the letters
``CTC'' in place of ``DOT'';
(2) The cylinder has been requalified under a program authorized by
the Canadian TDG regulations or requalified in accordance with the
requirements in Sec. 180.205 within the prescribed requalification
period provided for the corresponding DOT specification;
(3) When the regulations authorize a cylinder for a specific
hazardous material with a specification marking prefix of ``DOT'', a
cylinder marked ``CTC'' which otherwise bears the same markings that
would be required of the specified ``DOT'' cylinder may be used; and
(4) Transport of the cylinder and the material it contains is in
all other respects in conformance with the requirements of this
subchapter (e.g. valve protection, filling requirements, operational
requirements, etc.).
* * * * *
0
15. In Sec. 173.301a, paragraph (d)(3) is revised to read as follows:
Sec. 173.301a Additional general requirements for shipment of
specification cylinders.
* * * * *
(d) * * *
(3) The pressure at 55 [deg]C (131 [deg]F) of Hazard Zone A and,
after December 31, 2003, Hazard Zone B materials, may not exceed the
service pressure of the cylinder. Sufficient outage must be provided so
that the cylinder will not be liquid full at 55 [deg]C (131 [deg]F).
* * * * *
Sec. 173.304 [Amended]
0
16. In Sec. 173.304, in paragraphs (b) and (d), the temperature ``54
[deg]C (130 [deg]F)'' is revised to read ``55 [deg]C (131 [deg]F)''
each place it appears.
0
17. In Sec. 173.304a, the following amendments are made:
0
a. In the table in paragraph (a)(2):
0
1. The table heading is revised;
0
2. For the entry ``Dichlorodifluoromethane and difluoroethane mixture
(constant boiling mixture) (R-500) (see Note 8)'', in column 2, the
wording ``Not liquid full at 130 [deg]F'' is revised to read ``Not
liquid full at 131 [deg]F'';
0
3. For the entry ``Hydrogen sulfide (see Note 10)'' in column one, the
wording ``see Note 10'' is revised to read ``see Notes 10 and 14'';
0
4. For the entry ``Insecticide, gases liquefied (see Notes 8 and 12)'',
in column 2, the wording ``Not liquid full at 130 [deg]F'' is removed
and the wording ``Not liquid full at 131 [deg]F'' is added in its
place;
0
5. For the entry ``Liquefied nonflammable gases, other than classified
flammable, corrosive, toxic & mixtures or solution thereof filled w/
nitrogen, carbon dioxide, or air (Notes 7 and 8)'', in column 2, the
wording ``Not liquid full at 130 [deg]F'' is revised to read ``Not
liquid full at 131 [deg]F'';
0
6. For the entry ``Methyl acetylene-propadiene, mixtures, stabilized
DOT-3A240; (see Note 5)'', in column 2, the wording ``Not liquid at 130
[deg]F'' is revised to read ``Not liquid full at 131 [deg]F'';
0
7. For the entry ``Tetrafluoroethylene/inhibit'', in column 1, the
wording is revised to read ``Tetrafluoroethylene, stabilized'';
0
8. For the entry ``Trifluorochloroethylene, inhibited'', in column 1,
the wording is revised to read ``Trifluorochloroethylene, stabilized'';
0
9. For the entry ``Vinyl fluoride, inhibited'', in column 1, the
wording is revised to read ``Vinyl fluoride, stabilized'';
0
10. For the entry ``Vinyl methyl ether, inhibited (see Note 5)'', in
column 1, the wording is revised to read ``Vinyl methyl ether,
stabilized''; and
0
11. Following the table, Note 14 is added.
0
b. Paragraph (c) and the first sentence in paragraph (d)(4) are
revised.
The additions and revisions read as follows:
Sec. 173.304a Additional requirements for shipment of liquefied
compressed gases in specification cylinders.
(a) * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
Packaging marked as shown in this column
or of the same type with higher service
Maximum permitted filling pressure must be used, except as provided
Kind of gas density (percent) (see in Sec. Sec. 173.301(l), 173.301a(e),
Note 1) and 180.205(a) (see notes following
table)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Dichlorodifluoromethane and Not liquid full at 131 DOT-3A240; DOT-3AA240; DOT-3B240; DOT-
difluoroethane mixture (constant boiling [deg]F. 3E1800; DOT-4A240; DOT-4B240; DOT-
mixture) (R-500) (see Note 8). 4BA240; DOT-4BW240; DOT-4E240; DOT-9;
DOT-39.
* * * * * * *
Hydrogen sulfide (see Notes 10 and 14)... 62.5...................... DOT-3A480; DOT-3AA480; DOT-3B480; DOT-
4A480; DOT-4B480; DOT-4BA480; DOT-
4BW480.; DOT-3E1800; DOT-3AL480.
Insecticide, gases liquefied (see Notes 8 Not liquid full at 131 DOT-3A300; DOT-3AA300; DOT-3B300; DOT-
and 12). [deg]F. 4B300; DOT-4BA300; DOT-4BW300; DOT-9;
DOT-40; DOT-41; DOT-3E1800.
Liquefied nonflammable gases, other than Not liquid full at 131 Specification packaging authorized in
classified flammable, corrosive, toxic & [deg]F. paragraph (a)(1) of this section and DOT-
mixtures or solution thereof filled w/ 3HT; DOT 4D; DOT-4DA; DOT-4DS.
nitrogen, carbon dioxide, or air (Notes
7 and 8).
[[Page 24662]]
Methyl acetylene-propadiene, mixtures, Not liquid full at 131 DOT-4B240 without brazed seams; DOT-
stabilized DOT-3A240; (see Note 5). [deg]F. 4BA240 without brazed seams; DOT-3A240;
DOT-3AA240; DOT-3B240; DOT-3E1800; DOT-
4BW240; DOT-4E240; DOT-4B240ET; DOT-4;
DOT-41; DOT-3AL240.
* * * * * * *
Tetrafluoroethylene, stabilized.......... 90........................ DOT-3A1200; DOT-3AA1200; DOT-3E1800.
Trifluorochloroethylene, stabilized...... 115....................... DOT-3A300; DOT-3AA300; DOT-3B300; DOT-
4A300; DOT-4B300; DOT-4BA300; DOT-
4BW300; DOT-3E1800.
* * * * * * *
Vinyl fluoride, stabilized............... 62........................ DOT-3A1800; DOT-3AA1800; DOT-3E1800; DOT-
3AL1800.
Vinyl methyl ether, stabilized (see Note 68........................ DOT-4B150, without brazed seams; DOT-
5). 4BA225 without brazed seams; DOT-4BW225;
DOT-3A150; DOT-3AA150; DOT-3B1800; DOT-
3E1800.
----------------------------------------------------------------------------------------------------------------
* * * * *
Note 14: The use of DOT specification cylinder with a marked
service pressure of 480 psi is authorized until December 31, 2003.
* * * * *
(c) Verification of content in cylinder. Except as noted in
paragraph (d)(4) of this section, the amount of liquefied gas filled
into a cylinder must be by weight or, when the gas is lower in pressure
than required for liquefaction, a pressure-temperature chart for the
specific gas may be used to ensure that the service pressure at 55
[deg]C (131 [deg]F) will not exceed 5/4 of the service pressure at 21
[deg]C (70 [deg]F). The weight of liquefied gas filled into the
cylinder also must be checked, after disconnecting the cylinder from
the filling line, by the use of an accurate scale.
(d) * * *
(4) Verification of content. A cylinder with a water capacity of
90.72 kg (200 lb) or more and for use with a liquefied petroleum gas
with a specific gravity of 0.504 or greater at 16 [deg]C (60 [deg]F)
may have the quantity of its contents determined by using a fixed
length dip tube gauging device. * * *
* * * * *
Sec. 173.305 [Amended]
0
18. In Sec. 173.305, in paragraph (b), the term ``130 [deg]F'' is
revised to read ``131 [deg]F''.
0
19. In Sec. 173.306, paragraph (g)(5) is revised to read as follows:
Sec. 173.306 Limited quantities of compressed gases.
* * * * *
(g) * * *
(5) Each tank must be overpacked in a strong outer packaging in
accordance with Sec. 173.301(h).
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
0
20. The authority citation for part 177 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
21. In Sec. 177.840, paragraph (a)(1) is revised to read as follows:
Sec. 177.840 Class 2 (gases) materials.
(a) * * *
(1) Cylinders. Cylinders containing Class 2 gases must be securely
restrained in an upright or horizontal position, loaded in racks, or
packed in boxes or crates to prevent the cylinders from being shifted,
overturned or ejected from the motor vehicle under normal
transportation conditions. However, after December 31, 2003, a pressure
relief device, when installed, must be in communication with the vapor
space of a cylinder containing a Division 2.1 (flammable gas) material.
* * * * *
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
22. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
23. In Sec. 180.205, the following changes are made:
0
a. Paragraphs (c)(4) and (f)(4) are revised.
0
b. In paragraph (g)(2), the reference ``0.1 cm3'' is removed
and ``0.1 cc'' is added in its place.
0
c. In paragraph (g)(3)(ii), the reference ``0.1 cubic centimeter'' is
removed and ``0.1 cc'' is added in its place.
The revisions read as follows:
Sec. 180.205 General requirements for requalification of cylinders.
* * * * *
(c) * * *
(4) For a specification 3, 3A, 3AA, 3AL, 3AX, 3AXX, 3B, 3BN, or 3T
cylinder filled with gases in other than Division 2.2, from the first
requalification due on or after December 31, 2003, the burst pressure
of a CG-1, CG-4, or CG-5 pressure relief device must be at test
pressure with a tolerance of plus zero to minus 10%. An additional 5%
tolerance is allowed when a combined rupture disc is placed inside a
holder. This requirement does not apply if a CG-2, CG-3 or CG-9
thermally activated relief device or a CG-7 reclosing pressure valve is
used on the cylinder.
* * * * *
(f) * * *
(4) In addition to other requirements prescribed in this paragraph
(f), a specification or exemption cylinder made of aluminum alloy 6351-
T6 must be inspected for evidence of sustained load cracking (SLC) in
the neck and shoulder area.
* * * * *
0
24. In Sec. 180.209, the following amendments are made:
0
a. In the table in paragraph (a)(1):
0
1. In Column 3, the heading ``Test period (years)'' is revised to read
``Requalification period (years)';
0
2. For the entry ``3HT'', in column 3, the wording ``3 (see Sec. Sec.
180.209(i) and 180.213(c))'' is revised to read ``3 (see Sec. Sec.
180.209(k) and 180.213(c))';
0
3. For the entry ``4AA480'', in column 3, the wording ``5 or 10 (see
Sec. 180.209(e)(14)'' is revised to read ``5 or 10 (see Sec.
180.209(h))'';
0
4. For the entry ``Foreign cylinder (see Sec. 173.301(j) of this
subchapter for restrictions on use).'', in column 3, the wording
[[Page 24663]]
``5 (see Sec. Sec. 180.209(k) and 180.213(d)(iii))'' is revised to
read ``5 (see Sec. Sec. 180.209(l) and 180.213(d)(2))''; and
0
5. In note 2 following the table, the reference ``Sec. 173.301(e)(1)''
is revised to read ``Sec. 173.301a(b)''.
0
b. In paragraph (b)(1)(ii), the wording ``fluorinated hydrocarbons,
liquefied hydrocarbons, and mixtures thereof that are commercially free
from corroding components;'' is revised to read ``chlorinated
hydrocarbons, fluorinated hydrocarbons, liquefied hydrocarbons, and
mixtures thereof that are commercially free from corroding
components;''.
0
c. Paragraph (e) is revised.
0
d. In the table in paragraph (g), a new entry is added immediately
following the third entry.
0
e. In the table in paragraph (g), the entry for ``Liquefied petroleum
gas'' and the last entry are revised.
0
f. Paragraph (k) is redesignated as paragraph (l) and a new paragraph
(k) is added.
The additions and revisions read as follows:
Sec. 180.209 General requirements for requalification of cylinders.
(a) * * *
(1) * * *
Table 1.--Requalification of Cylinders \1\
------------------------------------------------------------------------
Specification under which Minimum test Requalification
cylinder was made pressure (psig) \2\ period (years)
------------------------------------------------------------------------
* * * * * *
3HT......................... 5/3 times service 3 (see Sec. Sec.
pressure. 180.209(k) and
180.213(c)).
* * * * * *
4AA480...................... 2 times service 5 or 10 (see Sec.
pressure (see Sec. 180.209(h)).
180.209(g)).
* * * * * *
Foreign cylinder (see Sec. As marked on 5 (see Sec. Sec.
173.301(j) of this cylinder, but not 180.209(l) and
subchapter for restrictions less than 5/3 of 180.213(d)(2)).
on use). any service or
working pressure
marking.
------------------------------------------------------------------------
* * * * *
\2\ For cylinders not marked with a service pressure, see Sec.
173.301a(b) of this subchapter.
* * * * *
(e) Proof pressure test A cylinder made in conformance with
specifications DOT 4B, 4BA, 4BW, or 4E used exclusively for: liquefied
petroleum gas that meets the detail requirement limits in Table I of
ASTM D 1835, ``Standard Specification for Liquefied Petroleum (LP)
Gases'' (incorporated by reference; see Sec. 171.7 of this subchapter)
or an equivalent standard containing the same limits; anhydrous
dimethylamine; anhydrous methylamine; anhydrous trimethylamine; methyl
chloride; methylacetylene-propadiene stabilized; or
dichlorodifluoromethane, difluoroethane, difluorochloroethane,
chlorodifluoromethane, chlorotetrafluoroethane,
trifluorochloroethylene, or mixture thereof, or mixtures of one or more
with trichlorofluoromethane; and commercially free from corroding
components and protected externally by a suitable corrosion-resistant
coating (such as galvanizing or painting) may be requalified by
volumetric expansion testing every 12 years instead of every five
years. As an alternative, the cylinder may be subjected to a proof
pressure test at least two times the marked service pressure, but this
latter type of test must be repeated every seven years after expiration
of the first 12-year period. When subjected to a proof pressure test,
the cylinder must be carefully examined under test pressure and removed
from service if a leak or defect is found.
* * * * *
(g) * * *
------------------------------------------------------------------------
Cylinders conforming to-- Used exclusively for--
------------------------------------------------------------------------
* * * * * * *
DOT 3A, DOT 3AA, DOT 3A480X, DOT 4B, Chlorinated hydrocarbons and
DOT 4BA, DOT 4BW, DOT 4E. mixtures thereof that are
commercially free from
corroding components.
* * * * * * *
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B, Liquefied petroleum gas that
DOT 4B, DOT 4BA, DOT 4BW, DOT 4E. meets the detail requirements
limits in Table 1 of ASTM
1835, Standard Specification
for Liquefied Petroleum (LP)
Gases (incorporated by
reference; see Sec. 171.7 of
this subchapter) or an
equivalent standard containing
the same limits.
* * * * * * *
DOT 4B240, DOT 4BW240.................. Ethyleneimine, stabilized.
* * * * * * *
------------------------------------------------------------------------
[[Page 24664]]
* * * * *
(k) 3HT cylinders. In addition to the other requirements of this
section, a cylinder marked DOT-3HT must be requalified in accordance
with CGA Pamphlet C-8.
Sec. 180.211 [Amended]
0
25. In Sec. 180.211, in paragraph (d)(1)(iii), the reference
``180.215(d)(2)'' is removed and ``180.215(c)(2)'' is added in its
place.
Sec. 180.215 [Amended]
0
26. In Sec. 180.215, in paragraph(b)(1), the heading ``Pressure test
records.'' is removed and ``Calibration test records.'' is added in its
place.
Issued in Washington DC on May 2, 2003, under authority
delegated in 49 CFR part 1.
Edward A. Brigham,
Acting Deputy Administrator, Research and Special Programs
Administration.
[FR Doc. 03-11334 Filed 5-5-03; 3:52 pm]
BILLING CODE 4910-60-P