Hazardous Materials: Requirements for UN Cylinders, 33858-33896 [06-5182]
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 107, 171, 172, 173, 178,
and 180
[Docket No. PHMSA–2005–17463 (HM–
220E)]
RIN 2137–AD91
Hazardous Materials: Requirements for
UN Cylinders
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: In this final rule, PHMSA is
amending the Hazardous Materials
Regulations (HMR) to adopt standards
for the design, construction,
maintenance and use of cylinders and
multiple-element gas containers based
on the standards contained in the
United Nations Recommendations on
the Transport of Dangerous Goods.
Aligning the HMR with the
international standards promotes greater
flexibility, permits the use of advanced
technology for the manufacture of
pressure receptacles, provides for a
broader selection of pressure
receptacles, reduces the need for special
permits, and facilitates international
commerce in the transportation of
compressed gases without sacrificing
the current level of safety and without
imposing undue burdens on the
regulated community.
DATES: Effective Date: This final rule is
effective on September 11, 2006.
Voluntary Compliance Date:
Compliance with the requirements
adopted herein is authorized as of June
12, 2006. However, persons voluntarily
complying with these regulations
should be aware that appeals may be
received and as a result of PHMSA’s
evaluation of these appeals, the
amendments adopted in this final rule
could be subject to further revision.
Incorporation by Reference Date: The
incorporation by reference of
publications listed in this final rule has
been approved by the Director of the
Federal Register as of September 11,
2006.
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FOR FURTHER INFORMATION CONTACT:
Duane Pfund, telephone number (202)
366–0656, Assistant International
Standards Coordinator; Mark Toughiry,
telephone number (202) 366–4545,
Office of Hazardous Materials
Technology; or Kevin Leary and
Cameron Satterthwaite, telephone
number (202) 366–8553, Office of
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Hazardous Materials Standards,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 400 Seventh Street,
SW., Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION:
List of Topics
I. Background
II. Overview of Changes in This Final Rule
III. Summary of Comments
A. Approval of Independent Inspection
Agencies (IIAs; Notified Bodies) and
Certification of UN Pressure Receptacles
B. Approval of UN Pressure Receptacle
Manufacturers
IV. Summary of Regulatory Changes by
Section
V. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act and Executive
Order 13272
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Regulation Identifier Number (RIN)
I. Environmental Assessment
J. Privacy Act
I. Background
The United Nations
Recommendations on the Transport of
Dangerous Goods (UN Model
Regulations) establish international
standards for the safe transportation of
hazardous materials. The UN Model
Regulations are not regulations, but
rather recommendations issued by the
UN Sub-Committee of Experts on the
Transport of Dangerous Goods (UN SubCommittee of Experts). These
recommendations are amended and
updated biennially by the UN SubCommittee of Experts. The UN Model
Regulations serve as the basis for
national, regional, and international
modal regulations, including the
International Maritime Dangerous
Goods (IMDG) Code issued by the
International Maritime Organization,
and the International Civil Aviation
Organization’s Technical Instructions
for the Safe Transport of Dangerous
Goods by Air (ICAO Technical
Instructions) issued by ICAO. The HMR
authorize domestic transportation of
hazardous materials shipments prepared
in accordance with the IMDG Code if all
or part of the transportation is by vessel,
subject to certain conditions and
limitations, and the transportation of
hazardous materials shipments prepared
in accordance with the ICAO Technical
Instructions for transportation by
aircraft and by motor vehicle either
before or after being transported by
aircraft.
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Since 1999, the UN Sub-Committee of
Experts has been working to develop
international standards for the design,
construction, inspection, and testing of
cylinders and other pressure receptacles
for inclusion in the UN Model
Regulations. Their objective was to
develop cylinder standards that are
globally accepted for international
transportation, storage, and use.
Representatives from the European
Industrial Gases Association, the
Compressed Gas Association, the
European Cylinder Makers Association,
the International Standards
Organization Technical Committee 58
(ISO/TC 58), and cylinder experts from
DOT, participated in the UN SubCommittee of Experts’ efforts.
The standards developed for cylinders
and other gas receptacles address
manufacture, approval, filling, and use.
The cylinders and other gas receptacles
must be in compliance with ISO
standards for design, manufacture, and
testing; constructed of materials that are
compatible with the gas to be contained
in the cylinder, as established in ISO
standards; and periodically requalified
according to ISO standards. The
standards were adopted by the UN SubCommittee of Experts and are included
in the 13th revised edition of the UN
Model Regulations. Cylinders
manufactured in accordance with these
requirements are marked with the
internationally recognized UN mark,
which is an indication that the cylinders
meet the applicable standards.
The continually increasing amount of
hazardous materials transported in
international commerce warrants the
harmonization of domestic and
international requirements to the
greatest extent possible. Harmonization
serves to facilitate international
transportation and at the same time
ensures the safety of people, property
and the environment. While the intent
of harmonization is to align the HMR
with international standards, we review
and consider each amendment on its
own merit. Each amendment is
considered on the basis of the overall
impact on transportation safety and the
economic implications associated with
its adoption into the HMR. Our goal is
to harmonize without sacrificing the
current level of safety and without
imposing undue burdens on the
regulated community.
On March 9, 2005, the Pipeline and
Hazardous Materials Safety
Administration (PHMSA, we) published
a notice of proposed rulemaking
(NPRM) (70 FR 11768) proposing to
adopt into the HMR the UN standards
for cylinders (pressure receptacles
limited to a water capacity of 150 L),
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tubes (pressure receptacles with a water
capacity exceeding 150 L and not more
than 3,000 L capacity), cylinder bundles
(cylinders held together in a frame and
manifolded together with up to a total
water capacity of 3,000 L or 1,000 L for
toxic gases), and multiple element gas
containers or MEGCs (assemblies of UN
cylinders, tubes or bundles of cylinders
interconnected by a manifold and
assembled within a framework). Our
proposal did not remove existing
requirements for DOT specification
cylinders; rather, we proposed to
incorporate the UN standards so that a
shipper may use either a DOT
specification cylinder or a UN standard
pressure receptacle, as appropriate, for
individual gases and circumstances. The
goal of this rulemaking is to promote
greater flexibility and permit the use of
advanced technology for the
manufacture of pressure receptacles, to
provide for a broader selection of
pressure receptacles, to reduce the need
for special permits, and to facilitate
international commerce in the
transportation of compressed gases
without sacrificing the current level of
safety and without imposing undue
burden on the regulated community.
DOT technical experts participated in
evaluating the ISO standards and the
requirements of the UN Model
Regulations applicable to pressure
receptacles. Based on this evaluation,
we believe the amendments adopted in
this final rule will provide an equivalent
level of safety to that achieved under the
HMR.
II. Overview of Changes in This Final
Rule
This final rule amends the HMR to
authorize:
• Design, construction and testing of
refillable seamless aluminum alloy
cylinders conforming to ISO 7866;
• Design, construction and testing of
refillable seamless steel cylinders
conforming to ISO 9809–1, ISO 9809–2,
and ISO 9809–3;
• Design, construction and testing of
non-refillable metallic cylinders
conforming to ISO 11118;
• Design, construction and testing of
composite cylinders conforming to ISO
11119–1, 11119–2 and 11119–3, with
certain limitations;
• Design, construction and testing of
refillable seamless steel tubes with a
water capacity between 150 L and 3,000
L conforming to ISO 11120;
• Design, construction and testing of
UN acetylene cylinders conforming to
applicable ISO standards, except the
cylinders must be refillable, made of
seamless steel, filled with a suitable
quantity of solvent (solvent-free not
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authorized) and fitted with suitable
fusible plugs;
• Design, construction and testing of
MEGCs;
• Requalification of UN pressure
receptacles, including pressure
receptacles installed as components of
MEGCs;
• A quality conformity assessment
system for UN pressure receptacles
based on section 6.2.2.5 of the UN
Model Regulations;
• A 10-year requalification interval
for UN pressure receptacles, except for
acetylene and composite cylinders and
pressure receptacles used for certain
specifically named gases; and
• Compliance with the UN pressure
receptacle filling densities prescribed in
P200 of the UN Model Regulations and
as prescribed in § 173.302b or
§ 173.304b of this final rule.
III. Summary of Comments
PHMSA received eighteen comments
in response to the March 9, 2005 NPRM
from gas distributors, trade associations,
cylinder manufacturers, an independent
inspection agency, and a consultant.
The following companies, organizations
and individuals submitted comments:
Air Liquide Canada Inc. (Air Liquide
Canada; RSPA–2004–17463–20), Air
Products and Chemicals (Air Products;
RPSA–2004–17463–9), Arrowhead
Industrial Services, Inc. (Arrowhead;
RSPA–2004–17463–12), Baker Petrolite
Corporation (Baker; RSPA–2004–17463–
23), Barlen and Associates Inc. (Barlen;
RSPA–2004–17463–16, RSPA–2004–
17463–17), Carleton Aerosystems, Inc
(Carleton; RSPA–2004–17463–19),
Compressed Gas Association (CGA;
RSPA–2004–17463–13), Lincoln
Composites Inc. (Lincoln Composite;
RSPA–2004–17463–4), Luxfer Gas
Cylinders (Luxfer; RSPA–2004–17463–
14, RSPA–2004–17463–15), Matheson
Tri-Gas (Matheson; RSPA–2004–17463–
8), National Propane Gas Association
(NPGA; RSPA–2004–17463–22), Norris
Cylinder Company (Norris; RPSA–
2004–17463–10), Praxair, Inc. (Praxair;
RSPA–2004–17463–21), Public Utilities
Commission of Ohio (PUCO; RSPA–
2004–17463–7), Taylor-Wharton Harsco
(Taylor-Wharton; RSPA–2004–17463–6)
and TLCCI Inc. (TLCCI; RSPA–2004–
17463–11).
Commenters were supportive of
PHMSA’s efforts to harmonize the HMR
with the international cylinder
standards. Most of the proposals in the
NPRM received little or no comment.
Several comments were beyond the
scope of the rulemaking and are not
addressed in this final rule. The
majority of the comments relate to the
approval process for independent
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inspection agencies, UN pressure
receptacles, and manufacturers of UN
pressure receptacles. These comments
are discussed below.
A. Approval of Independent Inspection
Agencies (IIAs; Notified Bodies) and
Certification of UN Pressure Receptacles
Current approval procedures: Current
§ 107.803 contains procedures and
application criteria for a person seeking
approval as an IIA to perform
inspections, verifications, and
certifications of DOT specification
cylinders as prescribed in 49 CFR parts
178 and 180 and special permit
cylinders. These requirements apply to
DOT specification and special permit
cylinders manufactured within or
outside the United States. An IIA
applicant is required to submit the
following information: A detailed
description of the testing facilities; a
description of the applicant’s
qualifications to perform the inspections
and verifications prescribed in part 178;
ownership information; the name of
each individual responsible for
certifying the inspection and test
results; and a statement that the
applicant will perform the prescribed
functions independent of the cylinder
manufacturers and owners.
Under the current procedures for
approval of foreign cylinder
manufacturers and IIAs, a cylinder
manufacturer located outside the United
States must be approved by the
Associate Administrator under
§ 107.807, and must employ an IIA
approved under § 107.803, before any
cylinders may be manufactured,
inspected, certified, and marked to a
DOT specification or DOT special
permit. An applicant under these
sections may be a person or a
corporation.
Prior to scheduling an approval
inspection, the manufacturer and the
IIA must each submit an application for
approval and must jointly or separately
prepare a quality control manual, which
demonstrates production and inspection
procedures based on the relevant
cylinder specification in 49 CFR part
178 and relates those procedures to the
specification for which approval is
sought. The manufacturer must produce
a prototype lot of cylinders. The IIA
applicant must conduct a preliminary
audit with design qualification testing to
certify the design for the prototype
cylinders meets the applicable DOT
specification or special permit. The IIA
applicant prepares documentation
indicating a current audit was
performed with certified test results
showing the prototype cylinders comply
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with the DOT specification or special
permit.
The manufacturer submits the design
application to the Associate
Administrator for approval. If all
documents are found acceptable, the
applicant is notified regarding details of
the required on-site inspection to be
conducted by a DOT representative. A
DOT approval inspection consists of
witnessing and reviewing
manufacturing, inspection and test
procedures of a designated cylinder lot
produced to the specification or special
permit for which approval is sought.
This inspection includes, but is not
limited to, the following: Reviewing all
controls; ensuring the traceability of raw
material and partially completed
cylinders throughout production;
verifying the chemical analysis of each
heat of material by witnessing a lab
check analysis or by obtaining certified
check analysis of the samples taken
from each lot; observing the IIA
performing the duties as required in
§ 178.35(c) of 49 CFR and the applicable
cylinder specification or special permit;
witnessing all inspections and tests
required for newly manufactured
cylinders; and reviewing the test results.
During the inspection, sample
cylinders are selected from the lot for
on-site testing. If the procedures and
controls are acceptable, and all test
results obtained from the sample
cylinders comply with the specification
or special permit requirements, an
additional group of cylinders is
randomly selected from the same lot.
The manufacturer must ship these
cylinders to a contract test lab in the
United States for verification testing. If
the results of the verification testing
comply with the specification or special
permit requirements and corroborate
test results obtained during the
inspection, separate approvals are
issued to the manufacturer and the IIA
to perform cylinder certifications at this
particular facility location of the
manufacturer.
Proposed revisions to cylinder
approval procedures: In the NPRM, we
proposed to broaden the applicability of
§ 107.803 to include UN pressure
receptacles. In paragraph (c)(8), we
proposed to permit the selection of a
person whose principal place of
business is in a country other than the
United States based on an approval
issued by a foreign Competent
Authority. Also in paragraph (c)(8)(ii),
we proposed to require an IIA applicant
to submit written evidence the foreign
Competent Authority provides similar
authority to IIAs and manufacturers of
UN pressure receptacles in the United
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States with no additional limitations
that are not required of it own citizenry.
Arrowhead disagrees with the
language in § 107.803(c)(8), stating the
wording will allow the U.S. Competent
Authority to delegate approval
responsibilities to a foreign national
government without specifying any
globally recognized assessment
standards and minimum requirements,
such as ISO 17020. Arrowhead suggests
the U.S. Competent Authority should
consider establishing accreditation
processes similar to those presently
used in Europe. For the reasons
discussed below we disagree with
Arrowhead’s position. ISO 17020, titled
‘‘General criteria for the operation of
various types of bodies performing
inspection,’’ contains general criteria for
the qualification of third party
inspection bodies. This standard is
intended for use by inspection bodies
and their accreditation bodies.
As adopted in this final rule, the
Associate Administrator approves all
IIAs, both foreign and domestic. The
Associate Administrator may approve
foreign IIAs on the basis of an on-site
audit performed by a U.S. DOT
representative or an approval issued by
the foreign Competent Authority of the
country of the manufacturer. In the
latter situation, the applicant must
submit a copy of its Competent
Authority approval for the type of
pressure receptacle for which a U.S.
approval is being sought. The Associate
Administrator will review the certifying
documents from the foreign competent
authority and other required supporting
application documents. The criteria for
approving IIAs incorporate many of the
same principles for technical
competence and impartiality specified
in ISO 17020. In addition, we may
perform competency assessments of the
IIA in conjunction with manufacturing
audits. The Associate Administrator
reserves the right to accept or deny an
applicant.
In the NPRM, we proposed to require
each new UN pressure receptacle design
type to be approved by the Associate
Administrator and marked with the
letters ‘‘USA’’ to identify the United
States of America as the country of
approval. The USA marking is required
on all UN pressure receptacles
manufactured within or being shipped
to, from or within the United States. Air
Liquide Canada states we should accept
UN pressure receptacles as having an
equivalent level of safety without regard
to the country of manufacture. We agree
cylinders bearing a UN marking must
conform to the appropriate UN and ISO
standards and should be acceptable
throughout the world. However, it is
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essential we maintain oversight of IIAs
and cylinder manufacturers to ensure
the accountability of persons who
conduct cylinder inspections and
certifications. Without the benefit of
appropriate compliance oversight, there
is no way to ensure a UN cylinder was
manufactured and tested to standards
offering an equal or greater level of
integrity as provided by the standards
contained in part 178. Therefore, in this
final rule we are adopting the proposal
requiring a UN cylinder, acceptable for
import and use within the United
States, to bear a ‘‘USA’’ mark to indicate
it has been approved by the U.S. DOT.
This oversight and approval process is
necessary to ensure a level of safety is
maintained for the cylinders as intended
by the standards prescribed in 6.2.2.5 of
the UN Model Regulations and the
HMR. A UN cylinder without the
‘‘USA’’ marking may be transported in
the United States in accordance with the
provisions prescribed in paragraph (k)
or (l) of § 173.301, or under the terms of
a DOT special permit.
The European Commission (EC)
Member States require UN cylinders
and valves to be marked with a π (Pi)
mark. The Pi mark provides an easily
recognizable indication of conformance
with the Transportable Pressure
Equipment Directive (Council Directive
1999/36/EC of April 29, 1999) (TPED).
Only UN cylinders with the Pi mark are
allowed free movement and use in all
EC Member states. The Pi mark may be
applied on cylinders and valves only
under the authority of a Notified Body.
Within the EC, member states approve
organizations as Notified Bodies to
perform specific tasks identified in the
TPED. The applicable tasks identified in
the TPED are the same as the functions
prescribed for Notified Bodies in the UN
Model Regulations and are equivalent to
the functions prescribed for IIAs in this
final rule.
Under this final rule, the Associate
Administrator may approve any
qualified person or organization located
outside the United States as an IIA
based on an on-site audit at the foreign
manufacturing facility or based on an
approval issued by the foreign
Competent Authority. An IIA who is not
a resident of the United States must
designate a person in the United States
to act on his or her behalf. (See 49 CFR
107.705(a), 107.801(c).)
The NPRM proposed to require an
applicant to submit written evidence the
foreign Competent Authority provides
similar authority to IIAs and
manufacturers of UN pressure
receptacles in the United States with no
additional limitations not required of its
own citizenry. Upon further
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consideration, we believe requiring an
applicant to submit written evidence of
the foreign Competent Authority’s
reciprocal agreement should not be the
applicant’s responsibility. Instead, we
are adding § 107.809 to contain
conditions for approval of UN pressure
receptacle manufacturers. As adopted in
this rule § 107.809 specifies failure of a
competent authority to recognize
qualified IIAs domiciled in the United
States as a possible basis for the
disapproval of an application. If the
United States recognizes Notified
Bodies designated by the Competent
Authority of another country, equal
treatment should be expected from the
Competent Authority of the foreign
country relative to IIAs domiciled in the
United States.
Over the last five years, we have made
efforts to work with the EC to attain
mutual recognition of U.S. IIAs under
the TPED. Our efforts to obtain mutual
recognition of U.S. based companies
have not been successful because it is
the position of the EC that only Member
States may approve bodies under their
own jurisdiction. Only one U.S.-based
IIA has been recognized within the EC
because of a provision in the TPED
requiring a notified body to be
‘‘established within the Community’’.
The EC has interpreted this provision to
mean a notified body must have an
established legal entity (place of
business) within an EC member state.
As an alternative, we suggested to the
EC our willingness to work toward
developing a mutual recognition
agreement (MRA). In its response, the
EC stated its reluctance to initiate new
MRA negotiations. Instead, the EC
suggested we pursue this matter with its
U.S. counterpart, the U.S. Trade
Representative. Our efforts to obtain
recognition by the TPED for U.S.
companies to perform conformity
assessment and inspection activities for
UN pressure receptacles are on-going.
Air Products and CGA request
PHMSA work with the UN to create a
registry of internationally recognized
bodies and the criteria for being listed
in that registry. They further request the
registry be published and maintained so
regional approvals, such as the
European Pi mark or our ‘‘USA’’
markings, are not necessary. As stated
earlier, the United States will work with
the EC and other government bodies to
establish mutual recognition of
independent inspection bodies. We will
continue to maintain a list of IIAs
approved by the Associate
Administrator to perform inspections
and verifications of cylinder
manufacture, repair and modification as
prescribed in parts 178 and 180. The list
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of approved IIAs is available from the
Associate Administrator (PHH–32) and
may be viewed on the Internet by
accessing https://www.phmsa.dot.gov.
However, the establishment of a registry
of internationally recognized bodies will
not obviate the need for the ‘‘USA’’
marking. The ‘‘USA’’ marking is a
certification that the UN pressure
receptacle conforms in all respects to
the applicable part 178 requirements.
B. Approval of UN Pressure Receptacle
Manufacturers
In the NPRM, we proposed to require
each manufacturer to have in place a
documented quality system for the
manufacture of UN pressure receptacles.
The manufacturer’s quality system
involves detailed documentation related
to the types of UN pressure receptacles
to be produced, and written polices,
procedures and instructions. The
documentation must include: (1)
Adequate descriptions of the
organizational structure; (2)
responsibilities of personnel with regard
to design and product quality; (3) the
design control and verification
techniques; (4) cylinder manufacturing,
quality control, quality assurance and
operating instructions; (5) quality
records, such as inspection reports, test
data, and calibration data; (6) the
process for control of documents and
their revision; (7) means for control of
non-conforming gas cylinders,
purchased components, in-process and
final materials; and (8) the training of
relevant personnel. The manufacturer’s
quality system will be audited by
PHMSA during the final review of the
initial design type approval.
Lincoln Composite expresses concern
regarding the potential complexity of
compliance and enforcement of the
manufacturer’s quality system due to
the lack of formalized assessment
criteria in the NPRM. Lincoln
Composite requests we recognize
manufacturers with a quality control
system certified to existing international
quality control standards such as ISO
9000 as meeting the intent of § 178.69.
CGA and Taylor-Wharton also
recommend we acknowledge a
manufacturer’s systems approved by a
competent authority and in
conformance with internationally
recognized quality systems such as the
ISO 9000 series. The requirements for a
manufacturer’s quality system, as
specified in this final rule, conform to
those contained in the UN Model
Regulations. These requirements are
based on the fundamentals of the ISO
9000 series. Therefore, companies
operating in conformance with the ISO
9000 series should be able to adapt their
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quality management system to fully
conform to the prescribed requirements.
In the NPRM, we proposed to require
the Associate Administrator to approve
all modifications to an approved quality
management system. CGA and TaylorWharton recommend a revision of the
regulatory language to read: ‘‘The
manufacturer shall notify the Associate
Administrator of any intended changes
to the approved quality system prior to
making the change.’’ Lincoln Composite
objects to the need to obtain an approval
for all quality system changes and
recommends requiring an approval only
when the quality system change reduces
the number, type, or frequency of
inspections for a specific design type.
Lincoln Composite further suggests we
delegate to the production IIA the
authority to determine what quality
system changes require approval. We
disagree with the commenters as their
suggestions would allow a manufacturer
to modify the approved quality system
without approval from the Associate
Administrator. Based on experience
gained through interaction with
manufacturers seeking modifications to
approved quality systems, we may
consider revising this language at a later
date if we find these requests pertain to
matters that will not substantially affect
the overall process.
Arrowhead and Barlen ask PHMSA to
specifically exclude section 5.1 of ISO
Technical Report 14600 from
incorporation in the final rule. They
state the language in this section
authorizes a manufacturer to self-certify
high pressure cylinders. We did not
propose to incorporate ISO Technical
Report 14600 by reference in the NPRM
and are not adopting it in this final rule.
In § 178.71, we are adopting a
conformity assessment system
consistent with the system described in
section 6.2.2.5 of the UN Model
Regulations. The conformity assessment
system requirements in the UN Model
Regulations were adopted on the basis
of the requirements in ISO Technical
Report 14600. The procedures
prescribed in § 178.71 of the final rule
require an IIA, and not a company
employee, to perform cylinder
certifications.
IV. Summary of Regulatory Changes by
Section
The following is a section-by-section
summary of the changes adopted in this
final rule and, where applicable, a
discussion of comments received.
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Part 107
Air Products requests we update the
reference to CGA S–1.1, ‘‘Pressure Relief
Standards’’ from the 2001 edition to the
more recent 2003 edition. We agree the
more recent 2003 edition of CGA S–1.1
should be referenced for UN pressure
receptacles. In addition, we are
continuing to exclude the requirements
in 9.1.1.1 from mandatory compliance.
Section 171.7 continues to reference the
2001 edition of CGA S–1.1 for the DOT
specification cylinders. Amending
provisions relative to DOT specification
cylinder is beyond the scope of this
rulemaking. Therefore, we will consider
requiring the 2003 edition of this
standard for DOT specification
cylinders in a future rulemaking.
Matheson requests we incorporate by
reference the valve requirements
contained in CGA V–9, ‘‘Standard for
Compressed Gas Cylinder Valves’’ in
place of, or in addition to, ISO 10297 in
§ 173.301b. CGA V–9 contains general
design, performance, design
qualification tests, and maintenance
requirements for valves. Since we did
not propose to reference CGA V–9 in the
NPRM, the adoption of this standard is
beyond the scope of this rule. We will
address this matter in a future
rulemaking. Matheson also requests we
incorporate by reference CGA Technical
Bulletin, TB–16, ‘‘Recommended
Coding System of Threaded Cylinder
Outlets and Threaded Valve Inlets.’’
TB–16 recommends that all new
cylinder valves and cylinders made after
December 31, 1998, be permanently
marked with the thread codes. We may
consider a proposal to incorporate CGA
TB–16 in a future rulemaking.
Under the entry for United Nations,
we are revising the reference to the UN
Recommendations on the Transport of
Dangerous Goods to include the new 49
CFR section references added in this
rule. The new references are §§ 173.40,
173.192, 173.302b, 173.304b, and
178.75.
All incorporated matter is available
for inspection at the Office of the
Federal Register or the U.S. Department
of Transportation, PHMSA’s Office of
Hazardous Materials Standards, Room
8430, NASSIF Building, 400 Seventh
Street, SW., Washington, DC 20590.
Persons may also obtain these
documents from the sources identified
in § 171.7 of the HMR.
pressure receptacle,’’ ‘‘UN tube,’’ and
‘‘working pressure.’’
In the NPRM, we proposed to define
‘‘working pressure’’ to mean the ‘‘settled
pressure’’ of a compressed gas at a
reference temperature of 15 °C (59 °F).
Praxair notes the term ‘‘settled
pressure’’ is not defined in the
regulations, but is used to define the
term ‘‘working pressure,’’ which
includes a reference temperature
different from that of 65 °C (149 °F) and
is used in determining the filling
pressures in §§ 173.301—173.305. We
agree with the commenter that the term
‘‘settled pressure’’ should be defined.
We are defining the term ‘‘settled
pressure’’ to mean ‘‘pressure exerted by
the contents of a UN pressure receptacle
in thermal and diffusive equilibrium.’’
This definition is consistent with that
specified in the UN Model Regulations.
Section 171.8
(vi) A UN cylinder is marked with ‘‘USA’’
as a country of approval in conformance with
§§ 178.69 and 178.70 of this subchapter.
Section 107.801
This section lists persons who are
required to obtain approvals to inspect,
requalify, test, or certify cylinders. In
the NPRM, we proposed to expand the
scope of the functions performed by
IIAs and cylinder requalifiers to include
UN pressure receptacles. We are
adopting this provision as proposed.
Section 107.803
This section establishes requirements
for the approval of IIAs. In this final
rule, we are revising the application
criteria for IIA applicants to include
inspections, verifications, and
certifications of UN pressure
receptacles. The revisions to this section
are discussed earlier in this preamble
under the heading ‘‘III.A. Approval of
Independent Inspection Agencies (IIAs;
Notified Bodies) and Certification of UN
Cylinders.’’
Section 107.805
This section establishes requirements
for cylinder requalifiers. In this final
rule, we are revising the procedures and
application criteria for persons seeking
to be approved as cylinder requalifiers
to also apply to persons seeking to be
approved as UN pressure receptacle
requalifiers.
Section 107.809
New § 107.809 contains the
conditions applicable to UN pressure
receptacle approvals as discussed earlier
in this preamble under the heading
‘‘III.A. Approval of Independent
Inspection Agencies (IIAs; Notified
Bodies) and Certification of UN
Cylinders.’’
Part 171
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Section 171.7
This section addresses material
incorporated by reference. In paragraph
(a)(3), in the table of material
incorporated by reference, under the
General Services Administration, the
reference to Federal Specification RR–
C–901C titled ‘‘Cylinders, Compressed
Gas: High Pressure Steel’’ is updated to
read Federal Specification RR–C–901D
titled ‘‘Cylinders, Compressed Gas:
Seamless Shatterproof, High Pressure
DOT 3AA Steel, and 3AL Aluminum.’’
This standard is referenced in
§§ 173.302, 173.336, and 173.337 for the
cleaning of aluminum cylinders.
We are adding 20 new ISO entries for
standards containing design,
manufacture, testing, requalification,
and use requirements for UN pressure
receptacles as proposed in the NPRM.
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Section 171.8 sets forth definitions for
terms used in the HMR. In this section,
we are adding new definitions for
‘‘bundles of cylinders,’’ ‘‘multiple
element gas containers or MEGCs,’’
‘‘settled pressure,’’ ‘‘UN cylinder,’’ ‘‘UN
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Section 171.11
This section contains provisions for
the shipment of hazardous materials by
aircraft in accordance with the ICAO
Technical Instructions. In the NPRM,
we proposed to add a new paragraph
(d)(19), and is adopted as new
paragraph (d)(20) herein, to authorize
the transport of hazardous materials in
cylinders (including UN pressure
receptacles) in accordance with the
ICAO Technical Instructions, under
certain conditions. Proposed paragraph
(d)(19) reads:
(d)(19) Cylinders transported to, from or
within the United States must conform to the
applicable requirements of this subchapter.
Unless otherwise excepted in this
subchapter, a cylinder may not be
transported unless—
(i) The cylinder is manufactured, inspected
and tested in accordance with a DOT
specification or a UN standard prescribed in
part 178 of this subchapter, except that
cylinders not conforming to these
requirements must meet the requirements in
§ 173.301(j) through (k);
(ii) The cylinder is equipped with a
pressure relief device in accordance with
§ 173.301(f) of this subchapter and conforms
to the applicable requirements in part 173 for
the hazardous material involved;
(v) For aluminum cylinders in oxygen
service except those used aboard aircraft in
accordance with the applicable airworthiness
requirements and operating regulations, the
opening is configured with straight (parallel)
threads (UN cylinders are marked with the
cylinder thread type, e.g. ‘‘18P’’ or ‘‘18S’’);
and
Air Liquide Canada, CGA, and TaylorWharton request we revise paragraph
(d)(19)(ii) to permit the transportation of
UN cylinders without PRDs for export
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only. Upon further consideration, we
agree with the commenters’ request to
permit UN cylinders not intended for
use in the United States to be filled and
transported for export only. In this final
rule, these cylinders may be transported
under the conditions prescribed in
paragraph (l) of § 173.301. Paragraph (l)
permits, under certain conditions, the
transportation of UN pressure
receptacles without the ‘‘USA’’ marking,
and ‘‘USA’’ marked UN pressure
receptacles without the required PRD, to
be filled for export only. We are making
a similar change to the regulatory
language in §§ 171.12 and 171.12a.
These amendments eliminate the need
for DOT–E 12929, which authorizes
certain DOT specification cylinders and
foreign cylinders without PRDs to be
charged and transported for export only.
We are also adding certain safety
conditions prescribed in DOT E–12929:
(1) Each DOT specification cylinder or
UN pressure receptacle must be plainly
and durably marked ‘‘For Export Only’’;
(2) The shipping paper must include
the following certification: ‘‘This
cylinder has (These cylinders have)
been retested and refilled in accordance
with the DOT requirements for export.’’;
and
(3) The emergency response
information provided with the shipment
and available from the emergency
response telephone contact person must
indicate the pressure receptacles are not
fitted with pressure relief devices and
provide appropriate guidance in the
event of exposure to a fire.
For aluminum cylinders in oxygen
service, we proposed in paragraph
(d)(19)(v), to require each opening to be
configured with straight (parallel)
threads. The UN Model Regulations
permit the use of either tapered or
straight threads in aluminum alloy
oxygen cylinders through the
incorporation by reference of other ISO
standards. However, we did not propose
to allow the use of tapered threads in
aluminum alloy cylinders used in
oxygen service and transported in the
United States. This position is
consistent with the current requirement
in § 173.302(b) of the HMR, which
requires each aluminum oxygen
cylinder opening to be configured with
straight threads only. Requiring the use
of straight threads eliminates the
possibility of a taper threaded valve
being inadvertently inserted into a
straight threaded cylinder opening.
Such a mismatch or cross connect could
lead to a violent expulsion of the taper
threaded valve or unintended release of
oxygen which cause product loss,
property damage, personal injury, or
death.
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Within the United States, there are 20
million or more DOT 3AL aluminum
alloy cylinders in oxygen service
equipped with straight threads. At the
time of the proposed rule, we were
concerned that allowing the use of UN
aluminum alloy oxygen cylinders with
tapered threads could increase the
potential for inserting improper valves,
even though the UN cylinders will be
marked with the thread type code, e.g.
18P for straight or 25E for tapered.
Persons who are not familiar with the
ISO thread type codes may assume that
the aluminum alloy oxygen cylinder is
equipped with straight threads.
Although our experience in the
United States involves straight thread
designs, we are aware the use of both
thread designs may offer certain
advantages. In the NPRM, we asked
commenters to address the impact of
retaining the prohibition against using
taper threads in aluminum alloy oxygen
cylinders.
Barlen supports the proposed
prohibition. Citing the difference
between the European and U.S. tapered
threads, Barlen explains the angle of the
European tapered threads provides for
more problem-free valve insertion into
aluminum cylinders and asserts that
cylinder owners support this proposal.
Air Liquide Canada, CGA, and
Matheson do not support the proposed
prohibition. CGA states the UN
cylinders will be marked with
information significantly different than
a DOT cylinder. The commenters
further suggest that the cylinders and
valves must be marked with the thread
type. Matheson requests we mandate the
use of tapered ISO threads for
aluminum UN cylinders in oxygen
service and suggest this will avoid any
safety concern where valve ejection can
take place because of incorrect valves.
CGA and Matheson state all UN
cylinders and their valves should be
marked with the ISO thread type.
Matheson states the cylinders and
valves should be marked according to
the CGA technical bulletin, TB–16,
‘‘Recommended Coding System for
Threaded Cylinders Outlets and
Threaded Valve Insets.’’ CGA developed
this technical bulletin for use in the
United States and Canada in response to
several serious incidents where users
inserted a straight thread valve into a
cylinder with taper threads, inserted a
taper thread valve into a cylinder with
straight threads, or interchanged ISO
and/or other metric classification
threads with American National
Standards threads. Also CGA published
safety bulletin, SB–19, ‘‘Potential Valve
Thread and Cylinder Thread Mismatch’’
to alert users that mismatching the
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33863
thread on the valve and the cylinder can
result in the ejection of the valve. The
safety bulletin contains illustrations of
various valve thread types.
Upon consideration of the comments
received, in this final rule we are
allowing the openings on aluminum
alloy UN cylinders in oxygen service to
be configured with straight or taper
threads. The thread type must be
marked on the cylinder as required by
§ 178.71(o)(11) and on the valve as
required by ISO 10297, as referenced in
§§ 173.301b(c) and 178.71(d)(2).
Further, we are adding a requirement, in
§ 173.301(a)(10) that any person who
installs a valve into an aluminum
cylinder in oxygen service must verify
the valve and the cylinder have the
same thread type. We believe these
requirements will provide for
harmonization with the UN Model
Regulations while maintaining an
adequate level of safety.
We are adopting the requirement that
each UN cylinder be marked with
‘‘USA’’ as a country of approval for
transportation within the United States
as discussed earlier in this preamble.
Section 171.12
This section contains provisions for
the import and export of hazardous
materials in commerce. Paragraph (b)
contains provisions specific to the
shipment of hazardous materials by
vessel in accordance with the IMDG
Code. In this final rule, we are revising
paragraph (b)(15) to authorize the
transport of hazardous materials in UN
pressure receptacles in accordance with
the IMDG Code under certain
conditions. Readers should refer to the
preamble discussion to § 171.11 for
changes made to this section.
Section 171.12a
This section contains provisions for
the transportation by rail or highway of
shipments of hazardous materials
conforming to the regulations of the
Government of Canada. Paragraph (b)
contains provisions specific to the
shipment of hazardous materials in
accordance with the Transport
Dangerous Goods (TDG) Regulations.
We are revising paragraph (b)(13) to
authorize the transport of hazardous
materials in UN pressure receptacles in
accordance with the TDG Regulations
under certain conditions. Readers
should refer to the preamble discussion
to § 171.11 for changes made to this
section.
Part 172
Section 172.101
In § 172.101, we are amending the
Hazardous Materials Table (HMT). In a
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final rule published July 31, 2003
(Docket No. RSPA 2002–13658 (HM–
215E), 68 FR 44992), we revised eleven
entries by removing the qualifying word
‘‘compressed.’’ The eleven entries are as
follows:
1008 Boron trifluoride
2417 Carbonyl fluoride
1911 Diborane
1962 Ethylene
2193 Hexafluoroethane or Refrigerant
gas R116
2451 Nitrogen trifluoride
2198 Phosphorous pentafluoride
2203 Silane
1859 Silicon tetrafluoride
1982 Tetrafluoromethane or
Refrigerant gas R14
2036 Xenon
We also made revisions for
consistency with another amendment
that revised the reference temperature
used in the definitions of a nonliquefied and liquefied compressed gas
in § 173.115(d) and (e), respectively,
from 20 °C (68 °F) to ¥50 °C (¥58 °F)
consistent with internationally accepted
definitions for gases adopted in the
Twelfth Edition of the UN Model
Regulations. In the NPRM, we solicited
comments on whether the packaging
authorization for these gases should
remain in § 173.302 or be relocated to
§ 173.304. Praxair recommends revising
the packaging authorization reference
found in column 8B of the HMT to show
304 for the following gases so as to
remain consistent with the requirements
of other liquefied gases: Boron
trifluoride, UN1008, Carbonyl fluoride,
UN2417, Diborane, UN1911, Nitrogen
trifluoride, UN2451, Phosphorus
pentafluoride, UN2198, Silane, UN2203,
Silicon tetrafluoride, UN1859,
Tetrafluoromethane, UN1982, and
Xenon, UN2036. Although these
materials now meet the definition of
liquefied compressed gases in
§ 173.115(e) based on the revised
reference temperatures, it remains our
understanding that these gases seldom
encounter temperatures of ¥50 °C (¥58
°F) and below when transported within
the United States. Since these gases will
seldom, if ever, reach temperatures
causing them to become liquefied in
transportation, we have determined the
non-bulk packaging authorizations for
these gases should remain in § 173.302.
Air Products and CGA note in the
NPRM, the Hazardous Materials Table
entry, ‘‘Ammonia, anhydrous, 2.3, UN
1005’’ was missing the symbol ‘‘I’’
which identifies the proper shipping
name as appropriate for describing
materials in international
transportation. The symbol was
inadvertently removed in the NPRM.
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We are correcting this error in this final
rule.
New Special provision N86 is added
to 21 entries. This special provision
prohibits the shipment of these gases in
UN pressure receptacles made of
aluminum. The 21 entries are as
follows:
1001 Acetylene
1017 Chlorine
1037 Ethyl chloride
1045 Fluorine, compressed
1048 Hydrogen bromide, anhydrous
1050 Hydrogen chloride, anhydrous
1052 Hydrogen fluoride, anhydrous
1062 Methyl bromide
1063 Methyl chloride or Refrigerant
gas R 40
1085 Vinyl bromide, stabilized
1086 Vinyl chloride, stabilized
1581 Chloropicrin and Methyl
bromide mixture
1582 Chloropicrin and Methyl
chloride mixture
1749 Chlorine trifluoride
1860 Vinyl fluoride, stabilized
1912 Methyl chloride and Methylene
chloride mixture
2190 Oxygen difluoride, compressed
2196 Tungsten hexafluoride
2197 Hydrogen iodide, anhydrous
2548 Chlorine pentafluoride
2901 Bromine chloride
• New special provision N87 is added
to eight entries. The special provision
prohibits the shipment of these gases in
UN pressure receptacles with copper
valves. The eight entries are as follows:
1005 Ammonia, anhydrous
1032 Dimethylamine, anhydrous
1036 Ethylamine
1043 Fertilizer ammoniating solution
with free ammonia
1061 Methylamine, anhydrous
1083 Trimethylamine, anhydrous
2073 Ammonia solution, relative
density less than 0.880 at 15 °C in
water, with more than 35% but not
more than 50% ammonia.
3318 Ammonia solution, relative
density less than 0.880 at 15 °C in
water, with more than 50% ammonia.
• New special provision N88 is added
to three entries. The special provision
provides that the UN pressure
receptacle’s metal parts in contact with
the gas must contain no more than 65%
copper. Barlen disagrees with our
adding this special provision, citing the
low occurrence of copper metal coming
in contact with any of the specifically
named gases. Praxair requests we revise
this special provision to allow metal
parts to contain a ‘‘nominal’’ 65%
copper, suggesting that some brass
alloys contain slightly more than 65%
copper. We agree with the latter
commenter and will allow brass alloys
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that may contain slightly more than
65% copper. However, we believe the
term ‘‘nominal’’ is not sufficiently
prescriptive. Therefore, we are
providing that the copper content of
metal parts in contact with the gases
may exceed the limit with a tolerance of
1%. The three entries are as follows:
1001 Acetylene, dissolved
1060 Methyl acetylene and propadiene
mixtures, stabilized
2452 Ethylacetylene, stabilized
• New special provision N89 is added
to ten entries. The special provision
provides that when steel UN pressure
receptacles are used, only those bearing
an ‘‘H’’ mark are authorized. We
proposed to add this requirement to
fourteen entries. However, Barlen,
Matheson, and Praxair request that we
do not assign this special provision to
Arsine (UN2188), Germane (UN2192),
Phosphine (UN2199), and Silane
(UN2203) because these ladings are not
prone to hydrogen disassociating from
the compounds and posing a threat of
hydrogen embrittlement, as is the case
with pure hydrogen. We agree with the
commenters and we are not adding this
special provision to Arsine (UN2188),
Germane (UN2192), Phosphine
(UN2199), and Silane (UN2203). We are
adding the special provision to the
following ten entries:
1048 Hydrogen bromide, anhydrous
1049 Hydrogen, compressed
1050 Hydrogen chloride, anhydrous
1053 Hydrogen sulphide
1064 Methyl mercaptan
1911 Diborane
1957 Deuterium, compressed
2034 Hydrogen and Methane mixture,
compressed
2197 Hydrogen iodide, anhydrous
2600 Carbon monoxide and Hydrogen
mixture, compressed
Part 173
Section 173.40
This section establishes general
packaging requirements for toxic
materials packaged in cylinders. In the
NPRM we proposed to revise this
section to include UN cylinders. In
paragraph (a), we proposed to prohibit
the transport of Hazard Zone A material
in UN tubes and MEGCs. Baker
expresses concern regarding the
proposal to prohibit the transport of
Hazard Zone A material in UN tubes
and MEGCs. We disagree. This final rule
is intended to align the HMR with
international standards. The UN Model
Regulations prohibit the transportation
of Hazard Zone A materials in UN tubes
and MEGCs; therefore we are adopting
the prohibition as proposed.
In paragraph (b), we proposed to limit
a UN cylinder used for Hazard Zone A
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or B material to a maximum water
capacity of 85 liters. To maintain
consistency with the UN Model
Regulations, we are not adopting the
NPRM proposal to limit UN cylinders to
a capacity of 85 liters for Hazard Zone
B materials. We are placing the 85 L
limitation for Hazard Zone A materials
in paragraph (d)(4).
We also proposed to require the UN
cylinder to have a minimum test
pressure of 200 bar and a minimum wall
thickness of 3.5 mm if made of
aluminum alloy or 2 mm if made of
steel or, alternatively, be packed in an
outer packaging meeting the Packing
Group I performance level. Praxair
believes these restrictions in the
proposed paragraph (b) should be
moved to § 173.192 and apply only to
Hazard Zone A materials. We disagree.
Section 173.40 contains general
packaging requirements for toxic
materials. Relocating the requirements
for minimum test pressure and
minimum wall thickness to § 173.192
would apply these requirements to
Division 2.3, Hazard Zone A materials,
but not to the Division 6.1 Hazard Zone
A materials.
Praxair notes the UN Model
Regulations allow UN pressure
receptacles containing certain Hazard
Zone B materials to meet minimum test
pressures lower than 200 bar. Although
the commenter is correct, the UN Model
Regulations also require UN pressure
receptacles containing other Hazard
Zone B materials to have a minimum
test pressure greater than 200 bar. To
maintain consistency with the UN
Model Regulations, in this final rule we
are specifying when UN pressure
receptacles are used, the minimum test
pressure must be in accordance with
P200 of the UN Model Regulations.
We are revising paragraph (e) to
specify that MEGCs are authorized for
Hazard Zone B materials subject to the
conditions and limitations of § 173.312.
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Section 173.163
This section lists requirements for
transporting hydrogen fluoride in
cylinders. We are revising this section to
authorize UN cylinders for the transport
of hydrogen fluoride.
Section 173.192
This section lists requirements for
transporting bromoacetone, methyl
bromide, chloropicrin, and methyl
bromide or methyl chloride mixtures in
cylinders. We are revising the
introductory text and paragraph (a) to
specify that UN cylinders with a marked
test pressure of 200 bar or greater are
authorized for certain toxic gases in
Hazard Zone A. Praxair requests that
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provisions from § 173.40 applicable to
Hazard Zone A materials be relocated to
this section. Readers should refer to the
preamble discussion in § 173.40.
Section 173.195
This section lists requirements for
transporting hydrogen cyanide and
anhydrous, stabilized (hydrocyanic
acid, aqueous solution) in cylinders. As
proposed in the NPRM, we are adding
a new paragraph (a)(3) to authorize the
use of UN cylinders with a minimum
test pressure of 100 bar and a maximum
filling ratio of 0.55 for hydrogen
cyanide, anhydrous, stabilized or
hydrocyanic acid, aqueous solution. We
are prohibiting the use of UN tubes and
MEGCs.
Section 173.201
This section lists authorized
packagings for the transportation of
liquid hazardous materials in Packing
Group I. As proposed in the NPRM, we
are revising paragraph (c) to authorize
the use of UN cylinders for liquid
hazardous materials in Packing Group I.
Section 173.205
This section addresses general
requirements for liquid hazardous
materials. As proposed in the NPRM, we
are revising this section to authorize the
use of UN cylinders for liquid
hazardous materials.
Section 173.226
This section lists authorized
packagings for the transportation of
Division 6.1 materials in Hazard Zone
A. As proposed in the NPRM, we are
revising paragraph (a) to authorize the
use of UN cylinders for materials
poisonous by inhalation, Division 6.1,
Packing Group I, Hazard Zone A.
Section 173.227
This section lists authorized
packagings for Division 6.1 materials in
Hazard Zone B. We proposed to revise
paragraph (a) to authorize the use of UN
cylinders for materials poisonous by
inhalation, Division 6.1, Packing Group
I, Hazard Zone B, subject to the terms
and conditions of § 173.40. Praxair
suggests the requirements in § 173.40
should not apply to cylinders used for
Division 6.1 Hazard Zone B materials.
Readers should refer to the preamble
discussion in § 173.40.
Section 173.228
This section lists authorized
packagings for bromine pentafluoride or
bromine trifluoride. We proposed to
revise paragraph (a) to authorize the use
of UN cylinders, but not UN tubes and
MEGCs, for ‘‘Bromine pentafluoride’’
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and ‘‘Bromine trifluoride,’’ which are
poisonous Hazard Zone A and B
materials, respectively. The shipment of
these materials is subject to the terms
and conditions of § 173.40. Praxair
requests we allow the use of UN tubes
and MEGCs to maintain consistency
with the capacity authorized for DOT
specification cylinders. We disagree.
Consistent with § 173.40 and the UN
Model Regulations, ‘‘Bromine
pentafluoride’’ and ‘‘Bromine
trifluoride’’ must be transported in
seamless cylinders. The use of UN tubes
and MEGCs is prohibited.
Section 173.301
This section establishes general
requirements for the transportation of
compressed gases in cylinders. As
proposed in the NPRM, we are revising
this section to apply to UN pressure
receptacles. In the NPRM, we proposed
to add a new paragraph (a)(10) to
require a cylinder certified to ISO
11119–3 to have a working pressure not
to exceed 62 bar when used for Division
2.1 materials due to our concerns about
the permeation of flammable gases
through the plastic liner at high
temperatures. Upon further review of
the requirements in ISO 11119–3 and
composite cylinders authorized by
special permits, we found the
permeation of flammable gases from
these cylinders at high temperatures to
be negligible. Therefore, we are not
adopting the proposed requirement for
composite cylinders to have a test
pressure less than 62 bar when used for
Division 2.1 materials.
In the NPRM, we proposed to prohibit
the use of ISO 11119–3 composite
cylinders for underwater breathing
applications because of the effects of
saltwater on some resins. CGA notes
ISO 11119–3 contains special
requirements for cylinders used in
underwater applications. Lincoln
Composite states the primary pressure
containment structure of ISO 11119–2
and 11119–3 cylinders is the composite
over wrap and any adverse effect of
saltwater on the structural performance
of the resin matrix of composite
cylinders manufactured to ISO 11119–3
would also apply to the resin matrix of
composite cylinders manufactured to
ISO 11119–2. Lincoln Composites
requests we remove this underwater use
restriction or apply the restriction to
composite cylinders manufactured to
ISO 11119–2 and to ISO 11119–3 and
cites extensive experience in producing
and using composite cylinders in
saltwater environments without
incident. We agree with the commenter
regarding the uniform regulation of ISO
11119–2 and 11119–3 for underwater
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use. The ISO standards permit a wide
range of resin mixtures for the
construction of composite cylinders. In
reviewing a manufacturer’s prototype
design of a composite cylinder intended
for underwater applications, we will
determine the suitability of the
particular resin for underwater
application. Therefore, in this final rule,
in § 173.301b(g), we will permit the use
of ISO 11119–2 and 11119–3 composite
cylinders for underwater applications.
Composite cylinders manufactured to
ISO 11119–2 or 11119–3 for underwater
applications must be stamped with the
‘‘UW’’ marking as specified in
§ 178.71(o)(17).
In this final rule, we are adding a new
paragraph (a)(10) to require a person
who installs a valve into an aluminum
cylinder in oxygen service to verify the
valve and the cylinder have the same
thread type, as we state in the earlier
preamble discussion to § 171.11.
In paragraph (c) of the NPRM, we
proposed to prohibit the use of a UN
non-refillable cylinder, or a UN
composite cylinder certified to ISO
11119–3 (fully wrapped fibre reinforced
composite gas cylinders with non-load
sharing metallic liners or non-metallic
liners) for toxic gas or toxic gas mixtures
in Hazard Zone A or B. Lincoln
Composite agrees with the limited use
of non-metallic (plastic) composite
cylinders for toxic gases or toxic gas
mixtures containing a Division 2.3,
Hazard Zone A or B, material. However,
Lincoln Composite believes we should
not ban the use of these composite
cylinders without ‘‘definitive
performance goals.’’ Lincoln Composite
acknowledges, however, that the
suitability of plastic-lined composite
cylinders for toxic gases is an issue yet
to be evaluated. PHMSA does not have
sufficient safety data on the permeation
of toxic gases from composite cylinders.
Therefore, in the absence of this data,
we are adopting the prohibition as
proposed.
In paragraph (d), we are prohibiting
the use of UN cylinders made of
aluminum alloy 6351–T6 as proposed.
We are revising paragraph (f)(5) to
specify PRDs are not required on UN
pressure receptacles transported in
accordance with paragraph (k) or (l) of
this section, for consistency with the
revisions made to §§ 171.11, 171.12, and
171.12a in this final rule. Readers
should refer to our earlier preamble
discussion to § 171.11.
As proposed in the NPRM, we are
revising paragraph (h) to specify UN
pressure receptacles must meet the
cylinder valve protection requirements
in § 173.301b(f).
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As proposed in the NPRM, we are
revising paragraph (i), containing
requirements for cylinders mounted on
a motor vehicle or in frames, to specify
MEGCs must meet the requirements in
§ 173.312.
Also, as proposed in the NPRM, we
are revising paragraphs (j), (k) and (l) to
include UN cylinders. Paragraph (l) is
revised to permit the transportation of
UN cylinders without PRDs that are not
intended for use in the United States to
be filled and transported for export
only, under certain conditions. These
conditions provide that a UN cylinder
manufactured, inspected, tested and
marked in accordance with part 178 of
this subchapter and otherwise conforms
to the requirements of this part for the
gas involved, except that the cylinder is
not equipped with a PRD, may be filled
with a gas and offered for transportation
and transported for export under certain
conditions. Readers should refer to our
earlier discussion to § 171.11 regarding
the transport of UN pressure receptacles
without PRDs for export only.
Section 173.301b
New § 173.301b contains additional
general requirements for the shipment
of hazardous materials in UN pressure
receptacles.
When a refillable pressure receptacle
is filled with a gas different from that
previously contained in the cylinder,
the cylinder must be cleaned in
accordance with ISO 11621 prior to
refilling. We proposed to require a UN
pressure receptacle to have its valve
protected in accordance with the
methods prescribed in § 173.301b(f).
CGA and Taylor Wharton request we
clarify this requirement applies to
valves that have inherent protection as
provided by the ISO standard. We are
revising the requirement to clarify that
the valves must be designed and
constructed with sufficient inherent
strength to withstand damage in
accordance with Annex B of ISO 10297.
In this final rule, we are placing this
requirement in § 173.301b(c)(2).
We proposed in paragraph (g) to
require a non-refillable UN pressure
receptacle transported as an inner
packaging of a combination packaging to
be limited to a water capacity not
exceeding 1.25 L when used for a
flammable or toxic gas, and to be
prohibited for a Hazard Zone A
material. Praxair suggests current
regulations do not impose a limit on the
water capacity for DOT specification
cylinders in flammable gas service;
therefore, no limit should be prescribed
for the UN cylinders. We disagree with
the commenter. Current § 173.302a
limits the internal volume of DOT 39
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non-refillable cylinders to 1.23 L when
filled with a Division 2.1 material and
§ 173.40 prohibits the use of DOT 39
cylinders for Hazard Zone A materials.
We are adopting the provision as
proposed and placing it in paragraph
(d). We are also rearranging the other
requirements in this section for the
benefit of users.
Section 173.302
This section addresses requirements
for filling cylinders with non-liquefied
(permanent) compressed gases. As
proposed in the NPRM, we are making
several revisions to this section.
Paragraph (a) is revised to authorize the
use of UN pressure receptacles for
permanent gases. Paragraph (b)(2) is
revised to permit the openings in
aluminum UN cylinders in oxygen
service to be configured with straight or
taper threads as we stated in the earlier
preamble discussion to § 171.11. We
proposed in paragraph (b)(3) to require
UN pressure receptacles to be subject to
the cleaning requirements in ISO 11621
and to update the cleaning requirements
for DOT specification cylinders from
Federal Specification RR–C–901C to
Federal Specification RR–C–901D.
However, in the NPRM, we failed to
update one of the paragraph cites we
referenced in Federal Specification RR–
C–901D. Luxfer requests we correct the
cite reference to paragraph 4.4.2.2 to
read paragraph 4.2.2.2. The sampling
provisions in Federal Specification RR–
C–901C, paragraph 4.4.2.2, are actually
contained in Federal Specification RR–
C–901D, paragraph 4.3.2. Therefore, in
this final rule, we are correcting the cite
reference to read paragraph 4.3.2.
Section 173.302b
New § 173.302b contains the filling
requirements for UN pressure
receptacles used to transport nonliquefied (permanent) gases. Praxair
requests we revise paragraph (d) to
authorize the use of UN tubes for
diborane and diborane mixtures. We
disagree. We did not propose to allow
the use of UN tubes for diborane and
diborane mixtures because their use is
not authorized under the UN Model
Regulations. Readers should refer to the
earlier discussion in § 173.40.
Praxair requests we revise paragraph
(e) to increase the settled pressure in UN
pressure receptacles for carbon
monoxide to the level permitted for
DOT specification cylinders. As
proposed in the NPRM, the settled
pressure in UN cylinders for carbon
monoxide is equivalent to the settled
pressure allowed for DOT cylinders.
The limits may appear to be different
because the settled pressure in UN
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cylinders is linked to the test pressure
at 65 °C (149 °F) while the settled
pressure in DOT cylinders is linked to
service pressure at a reference
temperature of 20 °C (65 °F).
Section 173.303
This section establishes requirements
for filling cylinders with acetylene. As
proposed in the NPRM, we are
authorizing the use of UN cylinders and
bundles of cylinders for acetylene. The
cylinder must conform to ISO 9809 and
have fusible plugs in accordance with
ISO 3807–2. Taylor-Wharton requests
we consider increasing the settled
pressure of DOT specification cylinders
for acetylene. This comment is beyond
the steps of this rulemaking. We will
consider the commenter’s request in a
future rulemaking.
In the NPRM, we proposed a new
paragraph (f) to authorize UN cylinders
and bundles of cylinders for the
transport of acetylene gas. In this
paragraph, we proposed that any metal
part in contact with the contents may
not contain more than 65% copper in
the alloy. As discussed earlier in this
preamble, special provision N88
contains this same requirement;
therefore, it is removed in paragraph (f).
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Section 173.304
This section addresses requirements
for filling cylinders with liquefied
compressed gases. As proposed in the
NPRM, we are revising paragraph (a) to
authorize the use of UN pressure
receptacles for liquefied compressed
gases.
Section 173.304b
New § 173.304b contains specific
requirements for the shipment of
liquefied compressed gases in UN
pressure receptacles. In paragraph (b),
we proposed to allow UN pressure
receptacles to be filled with liquefied
gases by using the numerical values and
data specified in Table 2 of P200 of the
UN Model Regulations or by using the
formulas in paragraphs (b)(3) and (b)(4)
of § 173.304b for determining filling
limits for liquefied compressed gases
and gas mixtures with unknown
densities. Barlen and Matheson express
concern regarding the required use of
these formulas, which generally result
in lower and more restrictive filling
limits than those permitted in § 173.301.
Barlen and Matheson request we revise
the method for determining filling limits
of liquefied compressed gases and gas
mixtures in UN pressure receptacles to
remove these proposed formulas or
allow the use of alternative methods.
We agree. In this final rule, we are
permitting use of alternative methods
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for determining filling limits for
liquefied compressed gases and gas
mixtures in UN pressure receptacles.
CGA notes that the P200 filling limits
in the UN Model Regulations were
under review at the time we published
the NPRM. This review, completed
during the summer of 2005, verified the
acceptance of most of the current P200
filling ratio values. Based on this
review, we are lowering the filling
limits for eleven gases. We are adding a
table containing the revised filling
limits for the effected gases in paragraph
(c). Matheson further notes gas mixtures
are not specifically addressed in the
regulatory text, and requests we add the
term ‘‘mixture’’ as appropriate. We
agree, and have added the term
‘‘mixture’’ as appropriate.
Section 173.312
New § 173.312 contains general
requirements for MEGCs consistent with
the UN Model Regulations. This new
section includes filling requirements,
provisions for damage protection, and
HMR references for manufacturing and
requalification. Praxair requests we
revise proposed paragraph (a)(6) to
require UN pressure receptacles to be
assembled with a manifold and
individual shutoff valves to allow each
UN pressure receptacle to be filled
separately when used for Division 2.2
liquefied gases, or any 2.1 or 2.3 gases.
We agree and we are revising this
section accordingly.
Section 173.323
This section specifies requirements
applicable to ethylene oxide. As
proposed in the NPRM, we are revising
paragraph (b)(2) to authorize the use of
UN pressure receptacles as authorized
packagings for any ethylene oxide gas,
with the exception of acetylene.
Section 173.334
This section specifies requirements
applicable to organic phosphates mixed
with compressed gas. As proposed in
the NPRM, we are revising paragraph (a)
to authorize the use of UN cylinders for
certain compressed gases that are mixed
with organic phosphates.
Section 173.336
This section addresses requirements
for nitrogen dioxide, liquefied, and
dinitrogen tetroxide, liquefied. As
proposed in the NPRM, we are revising
this section to authorize the use of UN
cylinders for nitrogen dioxide, liquefied
and dinitrogen tetroxide, liquefied. The
use of UN tubes and MEGCs is not
authorized. In addition, we are
correcting an inconsistency in the
current requirements. We are relocating
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from § 173.337 the requirement for
cylinders to be equipped with a
stainless steel valve and valve seat that
will not deteriorate if in contact with
nitrogen dioxide. Praxair requests we
allow the use of UN pressure receptacles
of equal capacity to DOT specification
cylinders. Although this request may
have merit, we did not propose to allow
the use of UN tubes in this section
because the UN Model Regulations do
not permit the use of UN tubes or
MEGCs for the transport of nitrogen
dioxide, liquefied or dinitrogen
tetroxide, liquefied.
In addition, the reference to GSA
Federal Specification RR–C–901C is
revised to read RR–C–901D and the
reference to paragraph 4.4.2.2 is revised
to read 4.3.2. In addition, readers should
refer to the preamble discussion to
§ 173.302.
Section 173.337
This section addresses requirements
for nitric oxide. As proposed in the
NPRM, we are revising this section to
authorize the use of UN cylinders for
nitric oxide. UN tubes and MEGCs are
not authorized. In addition, the
reference to GSA Federal Specification
RR–C–901C is revised to read RR–C–
901D and the reference to paragraph
4.4.2.2 is revised to read 4.3.2. In
addition, readers should refer to the
preamble discussion to § 173.302.
Part 178
Section 178.69
New § 178.69 contains the
responsibilities and requirements
applicable to manufacturers of UN
pressure receptacles. Praxair requests
we remove the words ‘‘made in the
United States’’ stating the NPRM
language unnecessarily restricts the
requirements to U.S. manufacturers. We
agree with the commenter and have
revised this section to reference UN
cylinders marked with ‘‘USA’’ as a
country of approval.
CGA and Taylor-Wharton request
PHMSA clarify that a manufacturer’s
quality system be documented in the
‘‘English language.’’ We have revised
the regulatory text accordingly.
Section 178.70
New § 178.70 contains the procedures
for obtaining design type approval to
manufacture UN pressure receptacles.
These procedures include a pre-audit
inspection by an IIA, an application for
initial design type approval, approval
modification procedures, production
inspections, and recordkeeping
requirements. Praxair requests we revise
paragraph (a) to clarify the requirements
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in this section apply to all
manufacturers of UN pressure
receptacles regardless of whether the
manufacturer’s facility is located inside
or outside of the United States. We agree
and are revising the language in
paragraph (a) to clearly state this section
applies to all manufacturers of UN
pressure receptacles intended for the
transportation of hazardous materials
within the United States regardless of
the manufacturer’s location.
CGA, Norris and Taylor-Wharton
object to the requirement for a separate
audit and inspection prior to the
production of each design type and
request we only require an audit and
inspection prior to the initial
manufacture of UN pressure receptacles
and not for subsequent design type
approvals. CGA and Taylor-Wharton
request we do not subject manufacturers
to auditing and destructive testing for
each new design type without warrant.
CGA and Taylor-Wharton further object
to the requirement in § 178.70(f)(4)
requiring a sample from the production
lot to be selected and sent to a testing
laboratory, and suggest this requirement
should be at the discretion of DOT.
Norris objects to the requirement for
separate inspection audits that must be
conducted by the IIA and the Associate
Administrator prior to registration of a
new UN cylinder design type. Norris
suggests requiring separate inspections
by the IIA and the Associate
Administrator when applying for the
initial design approval but not for
subsequent design type approvals.
Norris suggests manufacturers submit
the documentation for each subsequent
design type to the IIA who will also
witness the tests, then submit the results
of the testing to the Associate
administrator for final approval. We
disagree with the commenters. To
assure the level of safety required under
the HMR is maintained, PHMSA
reserves the right to conduct subsequent
audits prior to the manufacture of each
new design type to verify each
additional UN pressure receptacle
design type is designed and
manufactured to the appropriate
standards.
Section 178.71
New § 178.71 contains the
manufacturing specifications for UN
pressure receptacles, including the
specification marking requirements. As
proposed in the NPRM, this section
prescribes definitions for terms such as
‘‘alternative arrangement,’’ ‘‘design
type,’’ and ‘‘UN pressure receptacle
design type.’’ In addition, in this final
rule we are adding a definition for
‘‘design type approval,’’ based on a
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request from CGA. A design type
approval is the overall approval of the
manufacturer’s quality system and
approval of the design type of each
pressure receptacle to be produced. The
initial and subsequent design type
approval process is outlined in § 178.70
of this final rule and Section IV of the
preamble to the NPRM. Finally, a
number of ISO technical standards
containing design, construction, and test
requirements for seamless or composite
UN pressure receptacles are
incorporated by reference.
We proposed to subject the pressure
receptacles to a hydraulic volumetric
expansion test at the time of
manufacture. CGA and Taylor-Wharton
request we permit the use of both the
volumetric expansion test and the proof
pressure test for UN cylinders, tubes,
and bundles of cylinders. We disagree.
The volumetric expansion test measures
a cylinder’s elastic expansion and
ensures the adequacy of the physical
properties of each cylinder.
In § 178.71(d)(4) of the NPRM, we
proposed to require UN pressure
receptacles filled by volume to be
equipped with a level indicator. Praxair
requests we revise this section to
authorize the use of a volume activated
shut-off valve as an alternative to a level
indicator. A petition for a rulemaking
(P–1039) submitted by NPGA regarding
the volumetric filling of liquefied
petroleum gas cylinders is beyond the
scope of this rulemaking, but will be
considered along with Praxair’s request
in a future proceeding. Therefore, we
are adopting this provision as proposed.
CGA and Taylor-Wharton request we
incorporate by reference ISO 4706–1,
‘‘Refillable Welded Steel Gas CylindersTest pressure 60 bar and below’’ ISO
4706–2, ‘‘Refillable Welded Steel Gas
Cylinders-Test pressure greater than 60
bar’’ as the standards are approved, or
consider the current 1989 version of IS0
4706. We did not propose in the NPRM
to adopt the design, construction, and
test requirements for refillable, welded
steel cylinders. Therefore, the
commenters’ request is outside the
scope of this rulemaking. Further, ISO
has not finalized the refillable, welded
steel cylinders standards. When those
standards are finalized, we will consider
whether to adopt them into the HMR.
In the NPRM, we proposed to allow
the use of refillable composite cylinders
designed, manufactured and tested in
accordance with ISO 11119. In addition,
we proposed for these composite
cylinders to be designed and
manufactured to unlimited service life
standards while limiting their service
life to fifteen years from the date of
manufacture. Barlen agrees with this
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position. Lincoln Composite disagrees
with this position, citing the rigorous
hydraulic cycle requirements in ISO
11119 necessary to designate a cylinder
for unlimited life as compared to the
hydraulic cycling required for the DOTFully Wrapped Carbon Fiber Reinforced
Composite (DOT–CFFC) cylinders
which are currently authorized under
several special permits. Lincoln
Composite further requests that we
provide an unlimited service life for
those cylinders designed, manufactured
and tested to the unlimited life
requirements provided by ISO 11119.
We disagree. Hydraulic cycling in a
controlled setting alone does not
provide an adequate evaluation of the
conditions that may be encountered in
the transportation of a composite
cylinder. Therefore, limiting the service
life for composite cylinders is warranted
at this time. Any increase in service life
for these composite cylinders would
have to be based on a sound nondestructive examination (NDE)
performed during requalification. The
NDE method used would have to
accurately detect and measure a flaw
(e.g. impact damage) that occurred
during the transportation of the
composite cylinders and that may or
may not be detectable by a visual
inspection. We are conducting research
to evaluate several NDE methods on
composite cylinders made in
accordance with DOT–CFFC
requirements. In the interim, we may
consider extending the service life of
composite cylinders on a case-by-case
basis through an approval from the
Associate Administrator.
We proposed in the NPRM to prohibit
in the United States the manufacture
and use of fully wrapped UN composite
cylinders without liners under ISO
11119–3. Carleton expresses concern
regarding the properties of ISO 11119–
3 composite cylinders with non-metallic
and non-load sharing metal liners that
do not exhibit the leak before burst
failure mode. Carleton suggests this is a
primary safety feature of composite
cylinders with a load sharing metallic
liner. Carleton requests we ensure
adequate safety data exists before
authorizing the manufacture and use of
composite cylinders with non-metallic
and non load-sharing metal liners.
Lincoln Composite disagrees with the
prohibition on the manufacture of ISO
11119–3 composite cylinders without
liners based on the satisfactory shipping
experience of fully wrapped composite
cylinders under several DOT special
permits. Lincoln Composite points out
that DOT–E 8487, originally issued
September 11, 1980, is for fully
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wrapped fiberglass composite shell with
an aluminum liner, which carries no
more than 20% of the pressure load at
burst. After review of the ISO 11119–3
standard and the design and shipping
experience of composite cylinders
under special permits, we agree with the
Lincoln Composite and in this final rule
are authorizing the use of composite
cylinders without liners for Division 2.1
and 2.2 gases. As specified in ISO
11119–3 for composite cylinders
without liners, the test pressure must be
limited to less than 60 bar.
Carleton notes the preamble in the
NPRM contains a list of criteria that
constitute a change in an existing
approved design. The commenter
requests we use the criteria contained in
the DOT–CFFC cylinder standard for
defining a new composite cylinder
design. We disagree. The design change
criteria contained in the NPRM
preamble is specified in ISO 11119 and
must be used when determining if a
change constitutes a new design.
CGA and Taylor-Wharton request that
we require manufacturers to mark the
ISO porous mass standard and not the
ISO standard identification that is the
‘‘9809’’ on acetylene cylinders. They
suggest that the ‘‘9809’’ marking could
lead to confusion and cause these
cylinders to be filled with a gas other
than acetylene. In this final rule, we are
requiring acetylene cylinders to be made
of steel. Therefore, we are requiring the
cylinder to be marked with the
acetylene porous mass standard
followed by the steel shell standard, for
example ‘‘ISO 3807–2/ISO 9809–1.’’
This will provide for easy identification
of acetylene cylinders and verification
of the steel shell.
Section 178.74
New § 178.74 contains the approval
procedures for MEGCs. These
provisions include procedures for
submitting and processing applications
for approval, approval denials and
terminations, approval modifications,
and the responsibilities of MEGC
manufacturers and of approval agencies.
The MEGC’s manufacturer will
submit the application to the approval
agency. Each application must include
all engineering drawings and
calculations necessary for the approval
agency to ensure the MEGC design
complies in all respects with the
requirements in § 178.75 and
documentation showing the cylinders or
tubes comprising the MEGC assembly
are approved. An incomplete
application will be returned to the
applicant with an explanation.
If an application is complete, the
approval agency will review the design
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and arrange with the MEGC
manufacturer to witness all required
tests. Upon satisfactory completion of
the prototype testing, the approval
agency will prepare a design type
approval certificate and return the
certificate and documentation to the
manufacturer. The manufacturer will
submit the certificate and an approval
application to the Associate
Administrator. If the application and
supporting documentation of the
examination and tests performed are
acceptable, the Associate Administrator
will approve the certificate. The
approval agency will be required to
maintain a set of the approved drawings
and calculations for each MEGC design
it reviews and a copy of each initial
design type approval certificate
approved by the Associate
Administrator for at least 20 years. The
approval agency will ensure each MEGC
is manufactured to the approved design
type and fully conforms to the
applicable requirements. The approval
agency will issue a certificate of
compliance for each MEGC
manufactured.
Section 178.75
New § 178.75 contains the
manufacturing specifications for MEGCs
and definitions for: ‘‘Leakproofness
test,’’ ‘‘Manifold,’’ ‘‘Maximum
permissible gross mass or MPGM,’’ and
‘‘Structural equipment.’’ This section
also references a number of ISO
technical standards for the design and
construction of MEGCs. In addition, the
section includes requirements for
specification marking. In the NPRM, we
proposed for shut off valves, other than
those with screwed spindles, to require
‘‘the open and closed positions and the
direction of closure must be clearly
shown.’’ Air Products suggests that we
revise this statement for clarity
purposes. We believe the NPRM
language is appropriate and are
adopting the proposed language in this
final rule.
Section 180.201
This section lists persons to whom the
requirements for qualification,
maintenance, and use of cylinders
apply. As proposed in the NPRM, we
are revising the general applicability
provisions to include UN pressure
receptacles.
Section 180.203
This section establishes definitions
specific to cylinder qualification,
maintenance, and use. As proposed in
the NPRM, we are revising the
definition for ‘‘cylinder’’ to include UN
pressure receptacles.
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Section 180.205
We are revising the section heading to
read: ‘‘General requirements for
requalification of specification
cylinders.’’
Section 180.207
New § 180.207 contains the UN
pressure receptacle requalification
requirements, which include
requalification intervals and procedures.
All seamless steel and aluminum
cylinder types authorized in this final
rule must be requalified in accordance
with ISO 6406 (for steel) and 10461 (for
aluminum). Both ISO 6406 and ISO
10461 provide for the periodic
requalification of cylinders by an
ultrasonic examination or a pressure
test. The pressure test may be either the
hydraulic proof pressure test or the
hydrostatic volumetric expansion test.
In the NPRM, we solicited comments on
whether we should permit, under
certain conditions, requalification of UN
pressure receptacles by the proof
pressure method as an alternative to the
volumetric expansion test. Arrowhead
supports the proposal to require
volumetric expansion testing of all UN
pressure receptacles. Barlen suggests
that, with the exception of pure or
mixtures of carbon dioxide, all cylinders
in Division 2.1 and 2.2 services could be
retested by the proof pressure method.
Barlen further suggests PHMSA
mandate that the cylinders be marked
with a clear indication of their gas
service and authorize a 15-year retest
period.
The hydrostatic volumetric expansion
test provides useful information during
the manufacturing of a cylinder to
assure a complete and uniform heat
treatment of that cylinder. Permanent
expansion in excess of 10% of total
expansion at the time of manufacture
may indicate a defective cylinder.
During requalification, hydrostatic
volumetric expansion testing may result
in excessive permanent expansion
(above 10%) if a cylinder has a
substantial loss of side-wall thickness
due to severe internal or external
corrosion. A cylinder that has been
engulfed in a fire for a period of time
also may undergo excessive expansion.
Cylinders showing excessive permanent
expansion must be condemned.
Based on studies reviewed by
PHMSA, a cylinder must lose a
substantial amount of its original wall
thickness before excessive permanent
expansion is measured during a
hydrostatic pressure test. Since a
complete visual inspection (external
and internal) is required for any
requalification, a cylinder with side-
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wall corrosion will be rejected in
accordance with the appropriate
requalification standard. The size of
rejectable side-wall corrosion is much
smaller than what will cause excessive
permanent expansion.
Based on a survey we have conducted
with participation from re-testers, over
90% of all cylinders rejected during
requalification are rejected because of
flaws identified through visual
inspection. Both the hydraulic
volumetric expansion test and the proof
pressure test will provide equal
assurance that a cylinder, at the time of
requalification has been pressurized to
approximately 1.5 times the service
pressure without failure. Based on the
review of public comments, our
technical evaluation of these two test
methods and their impact, we will allow
UN pressure receptacles, including UN
pressure receptacles installed in
MEGCs, to be requalified by either the
hydraulic volumetric expansion method
or the hydraulic proof pressure method.
Proposed paragraph (a)(3) states a
cylinder with a specified service life
may not be refilled and offered for
transportation after its authorized
service life has expired. Further, the
paragraph states, a UN composite
cylinder may not be requalified beyond
its 15-year authorized service life unless
approval has been received from the
Associate Administrator. CGA and
Lincoln Composite request we revise
paragraph (a)(3) to clarify that UN
pressure receptacles may have their
authorized service life extended if
specifically approved by the Associate
Administrator. We are revising
paragraph (a)(3) as requested by the
commenters. This provision applies
only to UN composite cylinders, since
we did not propose to limit the
authorized service life of seamless UN
pressure receptacles. Air Products
requests we align the requalification
interval for DOT specification cylinders
with the interval of the corresponding
UN pressure receptacle. This
rulemaking addresses UN cylinder
requirements; thus, the requalification
requirements for DOT specification
cylinders are beyond the scope of this
rulemaking.
We proposed, in paragraph (d)(1), to
allow UN pressure receptacles made of
high strength steel with a tensile
strength equal to or greater than 950
MPa and UN tubes to be requalified in
accordance with § 180.209 or in
accordance with procedures approved
by the Associate Administrator. CGA
and Taylor-Wharton request we require
all seamless steel UN pressure
receptacles to be requalified in
accordance with the requirements of
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ISO 6406. They state requalifiers will
not be able to determine the 950 MPa
limitation of the steel because the
tensile strength is not required to be
marked on the cylinders. Therefore, a
requalifier will not be able to determine
if a hydrostatic test is appropriate. We
agree. Most, if not all, UN seamless steel
cylinders with a tensile strength less
than 950 MPa will bear the H mark to
show the compatibility of the steel with
corrosive or embrittling gases as
required by ISO 11114–1. Therefore,
those UN seamless steel cylinders
bearing the H mark may be tested by the
hydrostatic test method. Those UN
seamless steel cylinders bearing no H
mark must be requalified by ultrasonic
examination (UE) in accordance with
ISO 6406 by a requalifier who is
approved by the Associate
Administrator to requalify pressure
receptacles using UE. UN tubes and
MEGCs may be requalified by acoustic
emission (AE) under the terms of a
special permit issued by the Associate
Administrator. A list of requalifiers who
are authorized to examine UN pressure
receptacles by UE or AE is available for
review on the PHMSA Web site:
https://hazmat.dot.gov/sp_app/
approvals/exsys.htm#approvals.
Section 180.212
This section addresses requirements
for the repair of DOT–3 series
specification cylinders. As proposed in
the NPRM, we are revising the cylinder
repair requirements to include UN
pressure receptacles.
Section 180.213
This section establishes marking
requirements for requalified cylinders.
As proposed in the NPRM, we are
revising the requalification marking
provisions to include UN pressure
receptacles. Lincoln Composite requests
we permit the use of a permanent label
bearing the requalification markings on
UN composite cylinders. Lincoln
Composite states the label should be
applied to the cylinder in a manner
prescribed by the cylinder’s
manufacturer because differing surface
treatments during manufacture may
limit or preclude the use of certain
adhesives. We agree, and are
authorizing the label to be affixed to the
cylinder in a manner authorized by the
cylinder manufacturer. We are also
correcting a cite reference.
Section 180.217
New § 180.217 contains
requalification requirements for MEGCs.
This section specifies the requalification
intervals and marking requirements for
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MEGCs and is adopted as proposed in
the NPRM.
Other Miscellaneous Comments
Praxair recommends that throughout
the final rule, we revise the term ‘‘UN
cylinders’’ to the read ‘‘UN cylinders or
UN pressure receptacles,’’ noting that
the term ‘‘UN pressure receptacles’’
includes pressure receptacles with a
capacity larger than the 150 L capacity
in the definition of UN cylinder. We
disagree with the commenter. Revising
the term ‘‘UN cylinders’’ to read ‘‘UN
cylinders or UN pressure receptacles’’
would permit the use of UN tubes,
which are not permitted for certain
hazardous materials.
Carleton raised three questions
regarding DOT fully wrapped aluminum
lined composite (CFFC) cylinder
specifications and DOT fiber reinforced
plastic type composite (FRP–1) cylinder
specifications. Carleton asks whether
DOT FRP–1 and DOT CFFC will
continue as active standards; how long
will these standards remain active; and
may new designs be qualified to these
standards. With exception of the
question regarding the future longevity
of the DOT FRP–1 and DOT DFFC
standards, the answer to these questions
is yes. This final rule addresses the
design and manufacture of UN pressure
receptacles and MEGCs. We did not
propose to modify DOT CFFC or DOT
FRP–1 specifications. Taylor-Wharton
requests PHMSA consider clarifying
that the service pressure is not required
to be marked on DOT series 8 acetylene
cylinders. We agree with the commenter
that 49 CFR 178.59 and 178.60 do not
require the service pressures to be
marked on acetylene cylinders. This
final rule addresses UN pressure
receptacles and, therefore, any revision
to these sections is beyond the scope of
this rulemaking.
PUCO expressed concern regarding
the adoption of UN pressure receptacles
and potential confusion of enforcement
agencies. PUCO requests PHMSA, in
coordination with DOT modal
administrations and state enforcement
agencies, to create and disseminate
training materials describing the
changes and how to properly inspect
UN pressure receptacles. To assist
enforcement agencies and the regulated
communities, we will develop and
dissementiate training materials
regarding these amendments following
the publication of this final rule.
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V. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
This final rule is published under the
following statutory authorities:
1. 49 U.S.C. 5103(b) authorizes the
Secretary of Transportation to prescribe
regulations for the safe transportation,
including security, of hazardous
material in intrastate, interstate, and
foreign commerce. This final rule aligns
the HMR with the UN Model
Regulations, which will (1) promote
flexibility; (2) permit the use of
technological advances for the
manufacture of pressure receptacles; (3)
provide for a broader selection of
pressure receptacles; (4) reduce the need
for special permits and exemptions to
the existing regulations; and (5)
facilitate international commerce in the
transportation of compressed gases
while maintaining a level of safety at
least equal to that achieved under the
HMR. To this end, as discussed in detail
earlier in this preamble, the final rule
amends the HMR to more fully align it
with the biennial updates of the UN
Recommendations, the IMDG Code and
the ICAO Technical Instructions to
facilitate the transport of hazardous
materials in international commerce.
2. 49 U.S.C. 5120(b) authorizes the
Secretary of Transportation to ensure
that, to the extent practicable,
regulations governing the transportation
of hazardous materials in commerce are
consistent with standards adopted by
international authorities. This final rule
amends the HMR to maintain alignment
with international standards by
incorporating various amendments to
facilitate the transport of hazardous
material in international commerce. To
this end, as discussed in detail earlier in
this preamble, the final rule
incorporates changes into the HMR
based on the Thirteenth Revised Edition
of the UN Recommendations,
Amendment 32 to the IMDG Code, and
the 2005–2006 ICAO Technical
Instructions, which became effective
January 1, 2005. The continually
increasing amount of hazardous
materials transported in international
commerce warrants the harmonization
of domestic and international
requirements to the greatest extent
possible. Harmonization serves to
facilitate international transportation; at
the same time, harmonization ensures
the safety of people, property, and the
environment by reducing the potential
for confusion and misunderstanding
that could result if shippers and
transporters were required to comply
with two or more conflicting sets of
regulatory requirements. While the
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intent of this rulemaking is to align the
HMR with international standards, we
review and consider each amendment
on its own merit based on its overall
impact on transportation safety and the
economic implications associated with
its adoption into the HMR. Our goal is
to harmonize without sacrificing the
current HMR level of safety and without
imposing undue burdens on the
regulated public. Thus, as discussed in
detail earlier in this preamble, there are
several instances where we elected not
to adopt a specific provision of the UN
Model Regulations, the IMDG Code or
the ICAO Technical Instructions.
Further, we are maintaining a number of
current exceptions for domestic
transportation that should minimize the
compliance burden on the regulated
community.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This final rule is a not considered a
significant regulatory action under
section 3(f) of Executive Order 12866 or
the Regulatory Policies and Procedures
of the Department of Transportation (44
FR 11034). This final rule was not
reviewed by the Office of Management
and Budget. A regulatory evaluation is
in the docket for this rulemaking.
This final rule adds provisions to the
HMR, based on the standards contained
in the United Nations Model
Regulations, that would permit the
design, construction, maintenance, and
use of seamless UN pressure receptacles
and MEGCs. The changes provide
shippers with an optional means of
compliance; therefore, any increased
compliance costs associated with the
proposals in this final rule would be
incurred voluntarily by the compressed
gas industry. Ultimately, we expect each
company to make reasonable decisions
based on its own business operations
and future goals. Thus, costs incurred if
a company elects to manufacture or use
UN pressure receptacles and MECGs
would be balanced by the benefits (e.g.,
access to foreign markets) accruing from
this decision.
More broadly, this final rule
harmonizes the requirements in the
HMR for the manufacture and use of
cylinders with international standards
in the UN Model Regulations.
Harmonization of the HMR with
international standards will eliminate
inconsistencies between the regulations,
thereby facilitating efficient
transportation of hazardous materials in
pressure receptacles across national
borders. More importantly, harmonized
regulations reduce the potential for
misunderstanding and confusion and,
thus, enhance safety.
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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 that has 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.
The Federal hazardous materials
transportation law, 49 U.S.C. 5101–
5128, contains an express preemption
provision (49 U.S.C. 5125(b)) that
preempts 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
(5) The design, manufacture,
fabrication, inspection, marking,
maintenance, reconditioning, 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 (1), (2), (3), and (5)
described above and would preempt
State, local, and Indian tribe
requirements not meeting the
‘‘substantively the same’’ standard. This
final rule is necessary to harmonize
domestic regulations for the
transportation of hazardous materials in
cylinders with international standards.
Federal hazardous materials
transportation law provides at
§ 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
will be 90 days from publication of this
final rule in the Federal Register.
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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 have
tribal implications and does not impose
direct compliance costs, the funding
and consultation requirements of
Executive Order 13175 do not apply.
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E. Regulatory Flexibility Act and
Executive Order 13272
The Regulatory Flexibility Act (5
U.S.C. 601–611) requires each agency to
review regulations and assess their
impact on small businesses and other
small entities to determine whether the
proposed rule is expected to have a
significant impact on a substantial
number of small entities. This rule
imposes only minimal new costs of
compliance on the regulated industry.
Based on the assessment in the
regulatory evaluation, I hereby certify
that while this 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
is available for review in the docket.
This final rule has been developed in
accordance with Executive Order 13272
(‘‘Proper Consideration of Small Entities
in Agency Rulemaking’’) and DOT’s
procedures and policies to promote
compliance with the Regulatory
Flexibility Act to ensure that potential
impacts of draft rules on small entities
are properly considered.
Need for the final rule. Current
requirements for the manufacture, use,
and requalification of cylinders can be
traced to standards first applied in the
early 1900s. Over the years, the
regulations have been revised to reflect
advancements in transportation
efficiency and changes in the national
and international economic
environment. The changes in this final
rule permit shippers to use either
current DOT specification cylinders or
the new seamless UN pressure
receptacles and MEGCs for the
transportation of compressed gases. This
action is being taken to facilitate
international transportation, increase
flexibility for the regulated community
and promote technological advancement
while maintaining a comparable level of
safety.
Description of action. In this final
rule, we are adding optional
requirements for the manufacture,
maintenance, testing, and use of UN
pressure receptacles and to adopt a
qualification and approval process for
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persons who choose to certify refillable
UN pressure receptacles.
Identification of potentially affected
small entities. Businesses likely to be
affected by the final rule are cylinder
manufacturers, cylinder requalifiers,
independent inspection agencies, and
commercial establishments that own
and use DOT specification cylinders.
There are approximately three United
States manufacturers of seamless
pressure receptacles. In addition, the
Associate Administrator has approved
approximately 2,150 active domestic
cylinder requalifiers who use the
volumetric expansion test and seven
domestic independent inspection
agencies. There are also two facilities
approved to perform seamless cylinder
repairs. Cylinder requalifiers include
businesses that manage large fleets of
cylinders, such as cylinders filled with
propane to power forklift trucks and for
use by retail customers through cylinder
exchange programs. There are literally
hundreds of thousands of commercial
establishments that own and use
cylinders manufactured to DOT
specifications. These business sectors
include agriculture; mining;
construction; manufacturing;
transportation; communications;
electric, gas, and sanitary services;
wholesale trade; retail trade; and other
services.
Unless alternative definitions have
been established by the agency in
consultation with the Small Business
Administration (SBA), the definition of
‘‘small business’’ has the same meaning
as under the Small Business Act. Since
no such special definition has been
established, we employ the thresholds
published by SBA for industries subject
to the HMR. Based on 1997 data
compiled by the U.S. Census Bureau, it
appears that upwards of 97 percent of
firms subject to this final rule are small
businesses. For the most part, these
entities will incur minimal costs to
comply with the provisions of this final
rule. The provisions are optional;
companies will choose to expand their
operations to include UN pressure
receptacles based on their ability to
offset any additional costs.
Reporting and recordkeeping
requirements. Consistent with the UN
Model Regulations, the final rule
includes a new recordkeeping
requirement for a proposed quality
control system for facilities that
manufacture UN pressure receptacles in
the United States. The requirements will
affect about 50 cylinder manufacturers;
we anticipate that each manufacturer
may incur minimal costs each year to
comply with the new requirement.
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Related Federal rules and regulations.
With respect to the transportation of
compressed gases in cylinders, there are
no related rules or regulations issued by
other department or agencies of the
Federal Government.
Alternate proposals for small
business. While certain regulatory
actions may affect the competitive
situation of an individual company or
group of companies by imposing
relatively greater burdens on small
rather than large enterprises, we do not
believe that this will be the case with
this final rule. The requirements for the
manufacture, testing, and use of UN
pressure receptacles as in the final rule
are optional. Ultimately, we expect each
company to make reasonable decisions
based on its own business operations
and future goals. Thus, the costs
incurred if a company elects to
manufacture or use UN pressure
receptacles and MECGs would be
balanced by the benefits (e.g., access to
foreign markets) accruing from this
decision.
Conclusion. I certify this final rule
would not have a significant economic
impact on a substantial number of small
entities. The costs associated with this
final rule will be assumed voluntarily
based on a company’s ability to offset
the costs with benefits such as increased
access to foreign markets. Indeed,
adoption of the UN pressure receptacle
standards should result in overall cost
savings to those who choose to utilize
them and will ease the regulatory
compliance burden for shippers engaged
in international commerce, including
trans-border shipments in North
America.
F. Paperwork Reduction Act
This final rule resulted in an increase
in annual burden and costs based on a
new information collection requirement.
This notice identifies a new information
collection request that PHMSA
submitted to the Office of Management
and Budget (OMB) for approval based
on the requirements in this final rule.
The information collection regarding the
design, construction, maintenance and
use of UN cylinders has been approved
by OMB under OMB Control No. 2137–
0621, ‘‘Requirements for UN Cylinders,’’
with an expiration date of May 31, 2008.
PHMSA developed burden estimates
to reflect changes in this final rule.
PHMSA estimates that the total
information collection and
recordkeeping burden for the current
requirements of this final rule will be as
follows:
OMB No. 2137–0621:
Total Annual Number of
Respondents: 50.
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Total Annual Responses: 150.
Total Annual Burden Hours: 900.
Total Annual Burden Cost:
$22,500.00.
Under the Paperwork Reduction Act
of 1995, no person is required to
respond to an information collection
unless it has been approved by OMB
and displays a valid OMB control
number. Section 1320.8(d), Title 5, Code
of Federal Regulations requires that
PHMSA provide interested members of
the public and affected agencies an
opportunity to comment on information
collection and recordkeeping requests.
PHMSA specifically requested
comments on the information collection
and recordkeeping burdens associated
with developing, implementing, and
maintaining these requirements for
approval under this final rule. No
comments were received regarding this
information collection.
Direct your requests for a copy of the
information collection to Deborah
Boothe or T. Glenn Foster, Office of
Hazardous Materials Standards (PHH–
10), Pipeline and Hazardous Materials
Safety Administration (PHMSA), Room
8102, 400 Seventh Street, SW.,
Washington, DC 20590–0001,
Telephone (202) 366–8553.
G. 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
$120.7 million or more, in the aggregate,
to any of the following: State, local, or
Native American tribal governments, or
the private sector.
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H. 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 number contained in the
heading of this document may be used
to cross-reference this action with the
Unified Agenda.
I. Environmental Assessment
The National Environmental Policy
Act of 1969 (NEPA), as amended (42
U.S.C. 4321–4347), requires Federal
agencies to consider the consequences
of major Federal actions and prepare a
detailed statement on actions
significantly affecting the quality of the
human environment. There are no
significant environmental impacts
associated with this final rule. We are
revising certain HMR requirements for
the transportation of hazardous
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materials in cylinders in order to
promote safer transportation practices,
facilitate international commerce, and
make these requirements compatible
with international standards regarding
such transportation.
J. Privacy Act
Anyone is able to search the
electronic form for all comments
received into any of our dockets by the
name of the individual submitting the
comments (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
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, Incorporation by reference,
Reporting and recordkeeping
requirements.
49 CFR Part 172
Hazardous materials transportation,
Hazardous waste, Labeling, Packaging
and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
33873
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 section 4 (28 U.S.C. 2461
note); Pub. L. 104–121 sections 212–213;
Pub. L. 104–134 section 31001; 49 CFR 1.45,
1.53.
2. Section 107.801(a) is revised to read
as follows:
I
§ 107.801
Purpose and scope.
(a) This subpart prescribes procedures
for—
(1) A person who seeks approval to be
an independent inspection agency to
perform tests, inspections, verifications
and certifications of DOT specification
cylinders or UN pressure receptacles as
required by parts 178 and 180 of this
chapter;
(2) A person who seeks approval to
engage in the requalification (e.g.
inspection, testing, or certification),
rebuilding, or repair of a cylinder
manufactured in accordance with a DOT
specification or a pressure receptacle in
accordance with a UN standard, under
subchapter C of this chapter or under
the terms of a special permit issued
under this part;
(3) A person who seeks approval to
perform the manufacturing chemical
analyses and tests of DOT specification
cylinders, special permit cylinders, or
UN pressure receptacles outside the
United States.
*
*
*
*
*
I 3. In § 107.803, the section heading is
revised, paragraph (c)(8) is redesignated
as paragraph (c)(9), and a new paragraph
(c)(8) is added to read as follows:
§ 107.803 Approval of an independent
inspection agency (IIA).
*
Hazardous materials transportation,
Incorporation by reference, Packaging
and containers, Radioactive materials,
Reporting and recordkeeping
requirements, Uranium.
49 CFR Part 178
Hazardous materials transportation,
Incorporation by reference, Packaging
and containers, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation,
Incorporation by reference, Motor
carriers, Motor vehicle safety, Packaging
and containers, Reporting and
recordkeeping requirements.
In consideration of the foregoing, we
amend 49 CFR Chapter I as follows:
I
*
*
*
*
(c) * * *
(8) If the applicant’s principal place of
business is in a country other than the
United States, the Associate
Administrator may approve the
applicant on the basis of an approval
issued by the Competent Authority of
the country of manufacture. The
Competent Authority must maintain a
current listing of approved IIAs and
their identification marks. The applicant
must provide a copy of the designation
from the Competent Authority of that
country delegating to the applicant an
approval or designated agency authority
for the type of packaging for which a
DOT or UN designation is sought; and
*
*
*
*
*
I 4. In § 107.805, the section heading
and paragraphs (a), (c)(2), and (d) are
revised to read as follows:
PART 107—HAZARDOUS MATERIALS
PROGRAM PROCEDURES
§ 107.805 Approval of cylinder and
pressure receptacle requalifiers.
1. The authority citation for part 107
continues to read as follows:
(a) General. A person must meet the
requirements of this section to be
I
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approved to inspect, test, certify, repair,
or rebuild a cylinder in accordance with
a DOT specification or a UN pressure
receptacle under subpart C of part 178
or subpart C of part 180 of this chapter,
or under the terms of a special permit
issued under this part.
*
*
*
*
*
(c) * * *
(2) The types of DOT specification or
special permit cylinders, or UN pressure
receptacles that will be inspected,
tested, repaired, or rebuilt at the facility;
*
*
*
*
*
(d) Issuance of requalifier
identification number (RIN). The
Associate Administrator issues a RIN as
evidence of approval to requalify DOT
specification or special permit
cylinders, or UN pressure receptacles if
it is determined, based on the
applicant’s submission and other
available information, that the
applicant’s qualifications and, when
applicable, facility are adequate to
perform the requested functions in
accordance with the criteria prescribed
in subpart C of part 180 of this
subchapter.
*
*
*
*
*
5. Section 107.809 is added to read as
follows:
I
§ 107.809 Conditions of UN pressure
receptacle approvals.
or organizations that is not required of
its own citizenry.
(a) Each approval issued under this
subpart contains the following
conditions:
(1) Upon the request of the Associate
Administrator, the applicant or holder
must allow the Associate Administrator
or the Associate Administrator’s
designee to inspect the applicant’s
pressure receptacle manufacturing and
testing facilities and records, and must
provide such materials and pressure
receptacles for analyses and tests as the
Associate Administrator may specify.
The applicant or holder must bear the
cost of the initial and subsequent
inspections, analyses, and tests.
(2) Each holder must comply with all
of the terms and conditions stated in the
approval letter issued under this
subpart.
(b) In addition to the conditions
specified in § 107.713, an approval may
be denied or if issued, suspended or
terminated if the Competent Authority
of the country of manufacture fails to
initiate, maintain or recognize an IIA
approved under this subpart; fails to
recognize UN standard packagings
manufactured in accordance with this
subchapter; or implements a condition
or limitation on United States citizens
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
6. The authority citation for part 171
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45 and 1.53; Pub. L. 101–410 section
4 (28 U.S.C. 2461 note); Pub L. 104–134
section 31001.
7. In § 171.7, in the table in paragraph
(a)(3) make the following changes:
I a. Under Compressed Gas Association
Inc., a new entry for CGA S–1.1, 2003
edition, is added;
I b. Under General Services
Administration, the entry Federal
Specification RRC901C is removed, and
an entry for RR-C–901D is added;
I c. Revise the entry for ‘‘International
Organization for Standardization,’’ and
I d. Under ‘‘United Nations,’’ the entry
for UN Recommendations on the
Transport of Dangerous Goods is
revised.
The revisions and additions read as
follows:
I
§ 171.7
Reference material.
(a) * * *
(3) Table of material incorporated by
reference. * * *
Source and name of material
*
*
Compressed Gas Association, Inc.,
*
49 CFR reference
*
*
*
*
*
*
*
CGA Pamphlet S–1.1, Pressure Relief Device Standards—Part 1—Cylinders for Compressed
Gases, 2003 (with the exception of paragraph 9.1.1.1), Eleventh Edition.
jlentini on PROD1PC65 with RULES2
*
*
*
*
*
General Services Administration,
*
*
*
*
*
Federal Specification RR-C–901D, Cylinders, Compressed Gas: Seamless Shatterproof, High
Pressure DOT 3AA Steel, and 3AL Aluminum, February 21, 2003 (Superseding RR-C–901C,
1981).
*
*
*
*
*
International Organization for Standardization, Case Postale 56, CH–1211, Geneve 20, Switzerland;
Also available from: ANSI 25 West 43rd Street, New York, NY 10036
ISO 82–74(E) Steels Tensile Testing ...............................................................................................
ISO 535–1991(E) Paper and board—Determination of water absorptiveness—Cobb method .......
ISO 1496–1: 1990 (E)—Series 1 freight containers—Specification and testing, Part 1: General
cargo containers. Fifth Edition, (August 15, 1990).
ISO 1496–3—Series 1 freight containers—Specification and testing—Part 3: Tank containers for
liquids, gases and pressurized dry bulk, Fourth edition, March 1995, (E).
ISO 2431–1984(E) Standard Cup Method .......................................................................................
ISO 2592–1973(E) Petroleum products—Determination of flash and fire points—Cleveland open
cup method.
ISO 2919–1980(E) Sealed radioactive sources—Classification .......................................................
ISO 3036–1975(E) Board—Determination of puncture resistance ..................................................
ISO 3574–1986(E) Cold-reduced carbon steel sheet of commercial and drawing qualities ...........
ISO 3807–2, Cylinders for acetylene—Basic requirements—Part 2: Cylinders with fusible plugs, First
edition, March 2000, (E).
ISO 4126–1 Safety valves—Part 1: General Requirements, December 15, 1991, First Edition ............
ISO 6406, Gas cylinders—Seamless steel gas cylinders—Periodic inspection and testing, Second
edition, February 2005, (E).
VerDate Aug<31>2005
20:37 Jun 09, 2006
Jkt 208001
PO 00000
Frm 00018
Fmt 4701
Sfmt 4700
*
*
173.301, 178.75.
*
*
173.302; 173.336; 173.337.
*
178.270–3.
178.516; 178.707; 178.708.
173.411
178.74; 178.75; 178.274.
173.121.
173.120.
173.469.
178.708.
178.503; Part 178, appendix C.
173.303; 178.71.
178.274.
180.207.
E:\FR\FM\12JNR2.SGM
12JNR2
*
*
*
*
*
33875
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
Source and name of material
49 CFR reference
ISO 6892 Metallic materials—Tensile testing, July 15, 1984, First Edition .............................................
ISO 7225, Gas cylinders—Precautionary labels, First edition, November 1994, (Corrected and reprinted August 1995), (E).
ISO 7866, Gas cylinders—Refillable seamless aluminum alloy gas cylinders—Design, construction
and testing, First edition, June 1999, (E).
ISO 8115 Cotton bales—Dimensions and density, 1986 Edition ............................................................
ISO 9809–1: Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 1: Quenched and tempered steel cylinders with tensile strength less than 1 100 MPa.,
First edition, June 1999, (E).
ISO 9809–2: Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 2: Quenched and tempered steel cylinders with tensile strength greater than or equal to
1 100 MPa., First edition, June 2000, (E).
ISO 9809–3: Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 3: Normalized steel cylinders, First edition, December 2000, (E).
ISO 9978:1992(E)—Radiation protection—Sealed radioactive sources—Leakage test methods. First
Edition, (February 15, 1992).
ISO 10297, Gas cylinders—Refillable gas cylinder valves—Specification and type testing, First edition, May 1999, (E).
ISO 10461, Gas cylinders—Seamless aluminum—alloy gas cylinders—Periodic inspection and testing, Second edition, February 2005, (E).
ISO 10462, Gas cylinders—Transportable cylinders for dissolved acetylene—Periodic inspection and
maintenance, Second edition, February 2005, (E).
ISO 11114–1, Transportable gas cylinders—Compatibility of cylinder and valve materials with gas
contents—Part 1: Metallic materials, First edition, October 1997, (E).
ISO 11114–2, Transportable gas cylinders—Compatibility of cylinder and valve materials with
gas contents—Part 2: Non-metallic materials, First edition, December 2000, (E).
ISO 11117, Gas cylinders—Valve protection caps and valve guards for industrial and medical
gas cylinders—Design, construction and tests, First edition, August 1998, (E).
ISO 11118, Gas cylinders—Non-refillable metallic gas cylinders—Specification and test methods, First edition, October 1999, (E).
ISO 11119–1, Gas cylinders—Gas cylinders of composite construction—Specification and test
methods—Part 1: Hoop-wrapped composite gas cylinders, First edition, May 2002, (E).
ISO 11119–2, Gas cylinders—Gas cylinders of composite construction—Specification and test
methods—Part 2: Fully wrapped fibre reinforced composite gas cylinders with load-sharing
metal liners, First edition, May 2002, (E).
ISO 11119–3, Gas cylinders of composite construction—Specification and test methods—Part 3:
Fully wrapped fibre reinforced composite gas cylinders with non-load-sharing metallic or nonmetallic liners, First edition, September 2002, (E).
ISO 11120, Gas cylinders—Refillable seamless steel tubes of water capacity between 150 L and
3000 L—Design, construction and testing, First edition, March 1999, (E).
ISO 11621, Gas cylinders—Procedures for change of gas service, First edition, April 1997, (E) ..
ISO 11623, Transportable gas cylinders—Periodic inspection and testing of composite gas cylinders, First edition, March 2002, (E).
*
United Nations,
*
*
*
*
*
8. In § 171.8, definitions for ‘‘bundle
of cylinders,’’ ‘‘multiple element gas
container or MEGC,’’ ‘‘settled pressure,’’
‘‘UN cylinder,’’ ‘‘UN pressure
receptacle,’’ ‘‘UN tube’’ and ‘‘working
pressure’’ are added in alphabetical
order to read as follows:
I
jlentini on PROD1PC65 with RULES2
§ 171.8
Definitions.
*
*
*
*
*
Bundle of cylinders means assemblies
of UN cylinders fastened together and
interconnected by a manifold and
transported as a unit. The total water
VerDate Aug<31>2005
20:37 Jun 09, 2006
Jkt 208001
*
Frm 00019
Fmt 4701
172.102.
178.71; 178.75.
178.71; 178.75.
178.71; 178.75.
173.469.
173.301b, 178.71.
180.207.
180.207.
173.301b; 178.71.
173.301b; 178.71.
173.301b.
178.71.
178.71.
178.71.
178.71.
178.71; 178.75.
173.302, 173.336, 173.337.
180.207.
*
Sfmt 4700
*
*
*
171.12; 172.202; 172.401; 172.502;
173.22; 173.24; 173.24b; 173.40;
173.192; 173.197; 173.302b; 173.304b;
Part 173, appendix H; 178.75; 178.274;
178.801.
*
capacity for the bundle may not exceed
3,000 L, except that a bundle intended
for the transport of gases in Division 2.3
is limited to a water capacity of 1,000
L.
*
*
*
*
*
Multiple-element gas container or
MEGC means assemblies of UN
cylinders, tubes, or bundles of cylinders
interconnected by a manifold and
assembled within a framework. The
term includes all service equipment and
PO 00000
178.71.
*
*
*
*
*
*
UN Recommendations on the Transport of Dangerous Goods, Thirteenth Revised Edition (2003),
Volumes I and II.
*
178.274.
178.71.
*
*
structural equipment necessary for the
transport of gases.
*
*
*
*
*
Settled pressure means the pressure
exerted by the contents of a UN pressure
receptacle in thermal and diffusive
equilibrium.
*
*
*
*
*
UN cylinder means a transportable
pressure receptacle with a water
capacity not exceeding 150 L that has
been marked and certified as
conforming to the applicable
E:\FR\FM\12JNR2.SGM
12JNR2
33876
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
requirements in part 178 of this
subchapter.
*
*
*
*
*
UN pressure receptacle means a UN
cylinder or tube.
*
*
*
*
*
UN tube means a seamless
transportable pressure receptacle with a
water capacity exceeding 150 L but not
more than 3,000 L that has been marked
and certified as conforming to the
requirements in part 178 of this
subchapter.
*
*
*
*
*
Working pressure for purposes of UN
pressure receptacles, means the settled
pressure of a compressed gas at a
reference temperature of 15 °C (59 °F).
*
*
*
*
*
I 9. In § 171.11, paragraph (d)(20) is
added to read as follows:
§ 171.11 Use of ICAO Technical
Instructions.
*
*
*
*
(d) * * *
(20) Cylinders (including UN pressure
receptacles) transported to, from, or
within the United States must conform
to the applicable requirements of this
subchapter. Unless otherwise excepted
in this subchapter, a cylinder may not
be transported unless;
(i) The cylinder is manufactured,
inspected and tested in accordance with
a DOT specification or a UN standard
prescribed in part 178 of this
subchapter, except that cylinders not
conforming to these requirements must
meet the requirements in § 173.301(j),
(k) or (l) of this subchapter;
(ii) The cylinder is equipped with a
pressure relief device in accordance
with § 173.301(f) of this subchapter and
conforms to the applicable requirements
in part 173 for the hazardous material
involved;
(iii) For an aluminum cylinder in
oxygen service, except when used
aboard an aircraft in accordance with
the applicable airworthiness
requirements and operating regulations,
the cylinder openings conform to the
requirements in this paragraph. For a
DOT specification cylinder (e.g. 3AL),
the opening must be configured with
straight (parallel) threads. A UN
pressure receptacle may have straight
(parallel) or tapered threads provided
the UN pressure receptacle is marked
jlentini on PROD1PC65 with RULES2
*
VerDate Aug<31>2005
20:37 Jun 09, 2006
Jkt 208001
with the thread type (e.g. ‘‘17E, 25E, 18P
or 25P’’) and fitted with the properly
marked valve; and
(iv) The UN pressure receptacle is
marked with ‘‘USA’’ as a country of
approval in conformance with §§ 178.69
and 178.70 of this subchapter.
I 10. In § 171.12, paragraph (b)(15) is
revised to read as follows:
§ 171.12
Import and export shipments.
*
*
*
*
*
(b) * * *
(15) Cylinders (including UN pressure
receptacles) transported to, from, or
within the United States must conform
to the applicable requirements of this
subchapter. Unless otherwise excepted
in this subchapter, a cylinder may not
be transported unless;
(i) The cylinder is manufactured,
inspected and tested in accordance with
a DOT specification or a UN standard
prescribed in part 178 of this
subchapter, except that cylinders not
conforming to these requirement must
meet the requirements in § 173.301(j),
(k) or (l) of this subchapter;
(ii) The cylinder is equipped with a
pressure relief device in accordance
with § 173.301(f) of this subchapter and
conforms to the applicable requirements
in part 173 of this subchapter for the
hazardous material involved;
(iii) For an aluminum cylinder in
oxygen service used for other than
aircraft parts, the cylinder openings
conform to the requirements of this
paragraph. For a DOT specification
cylinder (e.g. DOT 3AL), the opening
must be configured with straight
(parallel) threads. A UN pressure
receptacle may have straight (parallel)
or tapered threads provided the cylinder
is marked with the thread type, e.g.
‘‘17E, 25E, 18P, 25P’’ and fitted with the
properly marked valve; and
(iv) The UN pressure receptacle is
marked with ‘‘USA’’ as a country of
approval in conformance with §§ 178.69
and 178.70 of this subchapter.
*
*
*
*
*
I 11. In § 171.12a, paragraph (b)(13) is
revised to read as follows:
§ 171.12a Canadian shipments and
packagings
*
*
*
(b) * * *
PO 00000
Frm 00020
*
Fmt 4701
*
Sfmt 4700
(13) When the provisions of this
subchapter require that a DOT
specification or a UN standard
packaging must be used for a hazardous
material, a packaging authorized by the
TDG Regulations may be used only if it
corresponds to the DOT specification or
UN standard authorized by this
subchapter. Unless otherwise excepted
in this subchapter, a cylinder (including
UN pressure receptacles) may not be
transported unless;
(i) The packaging is a UN pressure
receptacle marked with the letters
‘‘CAN’’ for Canada as a country of
manufacture or a country of approval or
is a cylinder that was manufactured,
inspected and tested in accordance with
a DOT specification or a UN standard
prescribed in part 178 of this
subchapter, except that cylinders not
conforming to these requirements must
meet the requirements in § 173.301(j),
(k), (l) or (m) of this subchapter.
(ii) The cylinder conforms to the
applicable requirements in part 173 of
this subchapter for the hazardous
material involved; and
(iii) For an aluminum cylinder in
oxygen service used for other than
aircraft parts, the cylinder openings
conform to the requirements of this
paragraph. For a DOT specification
cylinder (e.g. DOT 3AL), the opening
must be configured with straight
(parallel) threads. UN pressure
receptacles may have straight (parallel)
or tapered threads provided the cylinder
is marked with the thread type, e.g.
‘‘17E, 25E, 18P, 25P’’ and fitted with the
properly marked valve.
*
*
*
*
*
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
12. The authority citation for part 172
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.53.
§ 172.101
[Amended]
13. In the § 172.101 Hazardous
Materials Table, the following entries
are revised to read as follows:
I
E:\FR\FM\12JNR2.SGM
12JNR2
Hazardous materials descriptions and proper shipping
names
VerDate Aug<31>2005
20:37 Jun 09, 2006
I ..................
I ..................
(1)
(3)
Hazard
class or division
2.1 ............
[REVISE:]
(2)
Symbols
jlentini on PROD1PC65 with RULES2
Jkt 208001
PO 00000
Frm 00021
*
UN2073 ....
*
UN2188 ....
*
2.2 ............
*
UN3318 ....
*
UN1005 ....
*
UN1001 ....
Fmt 4701
Sfmt 4700
E:\FR\FM\12JNR2.SGM
*
UN1017 ....
*
2.3 ............
*
2.3 ............
2.3 ............
2.3 ............
Chlorine ....................................
*
Chlorine pentafluoride ..............
*
Chlorine trifluoride ....................
12JNR2
2.1 ............
2.3 ............
*
Chloropicrin and methyl chloride mixtures.
*
Deuterium, compressed ...........
2.3 ............
*
Chloropicrin and methyl bromide mixtures.
Carbon monoxide and hydrogen mixture, compressed.
*
UN1957 ....
*
UN1582 ....
*
UN1581 ....
*
UN1749 ....
*
UN2548 ....
*
UN2600 ....
*
2.3 ............
Bromine chloride ......................
*
UN2901 ....
*
2.3 ............
Arsine .......................................
Ammonia solution, relative density less than 0.880 at 15 degrees C in water, with more
than 35 percent but not more
than 50 percent ammonia.
2.2 ............
*
Ammonia, anhydrous ...............
*
Ammonia solution, relative density less than 0.880 at 15 degrees C in water, with more
than 50 percent ammonia.
2.3 ............
*
Acetylene, dissolved ................
(4)
Identification
2.3, 8 ........
2.3, 8 ........
2.1 ............
(6)
*
...................
*
...................
*
...................
*
...................
*
...................
2.1 ............
2.3 ............
2.3 ............
2.3, 5.1, 8
2.3, 5.1, 8
*
................... 2.3, 8 ........
*
................... 2.3, 2.1 .....
*
................... 2.3, 8, 5.1
*
................... 2.3, 2.1 .....
*
................... 2.2 ............
*
...................
*
...................
*
...................
(5)
PG
Label
codes
*
None .........
*
None .........
*
None .........
*
None .........
*
306 ...........
*
None .........
*
None .........
*
None .........
(8A)
Exceptions
*
N89 ...........
*
2, N86,
T50.
*
306 ...........
*
None .........
*
*
2, B9, B14, None .........
N86, T50.
*
*
2, B7, B9,
None .........
B14, N86.
*
314, 315 ...
*
314, 315 ...
*
None .........
(8C)
Bulk
302 ...........
193 ...........
193 ...........
304 ...........
304 ...........
*
None .........
*
245 ...........
*
314, 315 ...
*
314 ...........
*
314 ...........
*
304 ........... 314, 315 ...
*
302 ........... 302 ...........
*
304 ........... 314, 315 ...
*
192 ........... 245 ...........
*
304 ........... 314, 315 ...
304 ...........
304 ...........
303 ...........
(8B)
Non-bulk
Packaging (§ 173.***)
(8)
*
*
1, B7, B9,
None .........
B14, N86.
*
2, B9, B14,
N86,
T50,
TP19.
*
6, N89 .......
*
2, B9, B14,
N86.
*
1 ...............
*
N87 ...........
*
4, N87,
T50.
*
4, N87,
T50.
*
N88 ...........
(7)
Special
provisions
(§ 172.102)
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
(9A)
Passenger
aircraft/rail
150 kg ......
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
Forbidden
150 kg ......
Forbidden
Forbidden
15 kg ........
(9B)
Cargo aircraft only
Quantity limitations
(9)
E ...............
D ...............
D ...............
D ...............
D ...............
D ...............
D ...............
D ...............
D ...............
E ...............
D ...............
D ...............
D ...............
(10A)
Location
40
25, 40
25, 40
40, 89, 90
40, 89, 90
40, 51, 55,
62, 68,
89, 90
40, 57
40, 89, 90
40
40, 57
40, 57
40, 57
25, 40, 57
(10B)
Other
Vessel stowage
(10)
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
33877
Hazardous materials descriptions and proper shipping
names
(1)
(3)
Hazard
class or division
2.3 ............
VerDate Aug<31>2005
2.1 ............
2.1 ............
*
Ethyl chloride ...........................
*
Ethylacetylene, stabilized .........
*
Ethylamine ...............................
*
Fertilizer ammoniating solution
with free ammonia.
PO 00000
Frm 00022
Jkt 208001
2.3 ............
Fmt 4701
Sfmt 4700
E:\FR\FM\12JNR2.SGM
2.3 ............
2.1 ............
*
2.3 ............
8 ...............
2.3 ............
2.3 ............
*
Hydrogen, compressed ............
Hydrogen chloride, anhydrous
*
Hydrogen bromide, anhydrous
2.1 ............
*
Germane ..................................
*
Hydrogen and Methane mixtures, compressed.
2.3 ............
*
Fluorine, compressed ..............
2.2 ............
2.1 ............
*
Dimethylamine, anhydrous .......
20:37 Jun 09, 2006
2.1 ............
*
Diborane ...................................
(2)
Symbols
jlentini on PROD1PC65 with RULES2
*
Hydrogen fluoride, anhydrous ..
12JNR2
*
Hydrogen iodide, anhydrous ....
*
Hydrogen sulfide ......................
*
UN1053 ....
*
UN2197 ....
*
UN1052 ....
*
UN1049 ....
*
UN1050 ....
*
UN1048 ....
*
UN2034 ....
*
UN2192 ....
*
UN1045 ....
*
UN1043 ....
*
UN1036 ....
*
UN2452 ....
*
UN1037 ....
*
UN1032 ....
*
UN1911 ....
(4)
Identification
*
..............
*
..............
*
I ................
*
..............
*
...................
*
...................
*
...................
*
...................
*
...................
*
...................
*
...................
*
...................
*
...................
*
...................
*
...................
(5)
PG
2.3, 2.1 .....
2.3 ............
8, 6.1 ........
2.1 ............
2.3, .8 .......
2.3, 2.8 .....
2.1 ............
2.3, 2.1 .....
2.3, 5.1, 8
2.2 ............
2.1 ............
2.1 ............
2.1 ............
2.1 ............
2.3, 2.1 .....
(6)
Label
codes
*
306 ...........
*
None .........
*
None .........
*
306 ...........
*
None .........
*
None .........
*
None .........
*
None .........
*
None .........
(8A)
Exceptions
*
306 ...........
*
None .........
*
2, B9, B14,
N89.
*
3, B14,
N89.
*
None .........
*
None .........
*
*
3, B7, B46, None .........
B71,
B77,
N86,
T10, TP2.
*
N89 ...........
*
3, N86,
N89.
304 ...........
304 ...........
163 ...........
302 ...........
304 ...........
304 ...........
302 ...........
302 ...........
302 ...........
304 ...........
321 ...........
304 ...........
322 ...........
304 ...........
302 ...........
(8B)
Non-bulk
(8C)
Bulk
*
314, 315 ...
*
314, 315 ...
*
243 ...........
*
302, 314 ...
*
None .........
*
314, 315 ...
*
302, 314,
315.
*
245 ...........
*
None .........
*
314, 315 ...
*
314, 315 ...
*
314, 315 ...
*
314, 315 ...
*
314, 315 ...
*
None .........
Packaging (§ 173.***)
(8)
*
*
3, B14,
None .........
N86, N89.
*
N89 ...........
*
2 ...............
*
1, N86 .......
*
N87 ...........
*
B77, N87,
T50.
*
N88 ...........
*
B77, N86,
T50.
*
N87, T50 ..
*
1, N89 .......
(7)
Special
provisions
(§ 172.102)
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
(9A)
Passenger
aircraft/rail
Forbidden
Forbidden
Forbidden
150 kg ......
Forbidden
Forbidden
150 kg ......
Forbidden
Forbidden
150 kg ......
150 kg ......
150 kg ......
150 kg ......
150 kg ......
Forbidden
(9B)
Cargo aircraft only
Quantity limitations
(9)
D ...............
D ...............
D ...............
E ...............
D ...............
D ...............
E ...............
D ...............
D ...............
E ...............
D ...............
B ...............
B ...............
D ...............
D ...............
(10A)
Location
40
40
40
40, 57
40
40
40, 57
40
40, 89, 90
40
40
40
40
40
40, 57
(10B)
Other
Vessel stowage
(10)
33878
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
VerDate Aug<31>2005
2.1 ............
2.3 ............
2.1 ............
20:37 Jun 09, 2006
Jkt 208001
2.1 ............
PO 00000
Frm 00023
2.3 ............
*
Oxygen difluoride, compressed
Fmt 4701
Sfmt 4700
E:\FR\FM\12JNR2.SGM
12JNR2
2.1 ............
2.3 ............
2.1 ............
2.1 ............
2.1 ............
Forbidden.
*
Silane .......................................
*
Trimethylamine, anhydrous ......
*
Tungsten hexafluoride .............
*
Vinyl bromide, stabilized ..........
*
Vinyl chloride, stabilized ...........
*
Vinyl fluoride, stabilized ...........
*
[ADDED]
Acetylene, solvent free ............
*
2.1 ............
*
Phosphine ................................
2.3 ............
*
Methylamine, anhydrous ..........
2.3 ............
*
Methyl chloride and methylene
chloride mixtures.
*
Methyl mercaptan ....................
2.1 ............
*
Methyl chloride or Refrigerant
gas R 40.
*
Methyl bromide ........................
*
Methyl acetylene and propadiene mixtures, stabilized.
jlentini on PROD1PC65 with RULES2
*
*
*
UN1860 ....
*
UN1086 ....
*
UN1085 ....
*
UN2196 ....
*
UN1083 ....
*
UN2203 ....
*
UN2199 ....
*
UN2190 ....
*
UN1061 ....
*
UN1064 ....
*
UN1912 ....
*
UN1063 ....
*
UN1062 ....
*
UN1060 ....
*
*
*
...................
*
...................
*
...................
*
...................
*
...................
*
...................
*
...................
*
...................
*
...................
*
...................
*
..............
*
..............
*
..............
*
..............
2.1 ............
2.1 ............
2.1 ............
2.3, 8 ........
2.1 ............
2.1 ............
2.3, 2.1 .....
2.3, 5.1, 8
2.1 ............
2.3, 2.1 .....
2.1 ............
2.1 ............
2.3 ............
2.1 ............
*
306 ...........
*
306 ...........
*
306 ...........
*
306... ........
*
None... ......
*
306... ........
*
None... ......
*
None... ......
*
None...... ...
*
306...... .....
*
*
*
N86 ...........
*
*
*
306... ........
*
*
21, B44,
306... ........
N86, T50.
*
N86, T50 ..
*
2, N86 .......
*
N87, T50 ..
*
...................
*
1 ...............
*
1, N86 .......
*
N87, T50 ..
*
*
3, B7, B9,
None...... ...
B14,
N89, T50.
*
N86, T50 ..
*
N86, T50 ..
*
*
3, B14,
None .........
N86, T50.
*
N88, T50 ..
304... ........
304... ........
304... ........
338... ........
304... ........
302... ........
192... ........
304...... .....
304...... .....
304...... .....
304 ...........
304 ...........
193 ...........
304 ...........
*
*
*
314, 315 ...
*
314, 315 ...
*
314, 315 ...
*
None .........
*
314, 315 ...
*
None .........
*
245.... .......
*
None.... .....
*
314, 315 ...
*
314, 315 ...
*
314, 315 ...
*
314, 315 ...
*
314, 315 ...
*
314, 315 ...
*
*
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
Forbidden
*
5 kg ..........
*
Forbidden
*
Forbidden
150 kg ......
150 kg ......
150 kg ......
Forbidden
150 kg ......
Forbidden
Forbidden
Forbidden
150 kg ......
Forbidden
150 kg ......
100 kg ......
Forbidden
150 kg ......
E ...............
B ...............
B ...............
D ...............
B ...............
E ...............
D ...............
B ...............
B ...............
D ...............
D ...............
D ...............
D ...............
B ...............
40
40
40
40
40
40, 57, 104
40
40
40
40
40
40
40
40
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
33879
33880
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
14. In § 172.102(c)(5), Special
Provisions ‘‘N86’’, ‘‘N87’’, ‘‘N88’’ and
‘‘N89’’ are added to read as follows:
I
§ 172.102
*
Special Provisions.
*
*
(c) * * *
(5) * * *
*
*
Code/Special Provisions
N86 UN pressure receptacles made of
aluminum alloy are not authorized.
N87 The use of copper valves on UN
pressure receptacles is prohibited.
N88 Any metal part of a UN pressure
receptacle in contact with the
contents may not contain more than
65% copper, with a tolerance of 1%.
N89 When steel UN pressure
receptacles are used, only those
bearing the ‘‘H’’ mark are authorized.
*
*
*
*
*
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
15. The authority citation for part 173
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
16. In § 173.40, paragraphs (a)(1),
(a)(2), and (b), (d) and (e) are revised
and paragraphs (a)(3) and (a)(4) are
added to read as follows:
I
jlentini on PROD1PC65 with RULES2
§ 173.40 General packaging requirements
for toxic materials packaged in cylinders.
(a) * * *
(1) A cylinder must conform to a DOT
specification or a UN standard
prescribed in subpart C of part 178 of
this subchapter, except that acetylene
cylinders and non-refillable cylinders
are not authorized. The use of UN tubes
and MEGCs is prohibited for Hazard
Zone A materials.
(2) The use of a specification 3AL
cylinder made of aluminum alloy 6351–
T6 is prohibited for a Division 2.3
Hazard Zone A material or a Division
6.1 Hazard Zone A material.
(3) A UN composite cylinder certified
to ISO–11119–3 is not authorized for a
Division 2.3 Hazard Zone A or B
material.
(4) For UN seamless cylinders used
for Hazard Zone A materials, the
maximum water capacity is 85 L.
*
*
*
*
*
(b) Outage and pressure requirements.
For DOT specification cylinders, the
pressure at 55 °C (131 °F) of Hazard
Zone A and 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 °C (131 °F).
*
*
*
*
*
VerDate Aug<31>2005
20:37 Jun 09, 2006
Jkt 208001
(d) Additional handling protection.
Each cylinder or cylinder overpack
combination offered for transportation
containing a Division 2.3 or 6.1 Hazard
Zone A or B material must conform to
the valve damage protection
performance requirements of this
section. In addition to the requirements
of this section, overpacks must conform
to the overpack provisions of § 173.25.
(1) DOT specification cylinders must
conform to the following:
(i) Each cylinder with a wall thickness
at any point of less than 2.03 mm (0.08
inch) and each cylinder that does not
have fitted valve protection must be
overpacked in a box. The box must
conform to overpack provisions in
§ 173.25. Box and valve protection must
be of sufficient strength to protect all
parts of the cylinder and valve, if any,
from deformation and breakage resulting
from a drop of 2.0 m (7 ft) or more onto
a non-yielding surface, such as concrete
or steel, impacting at an orientation
most likely to cause damage.
‘‘Deformation’’means a cylinder or valve
that is bent, distorted, mangled,
misshapen, twisted, warped, or in a
similar condition.
(ii) 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.
(2) Each UN cylinder containing a
Hazard Zone A or Hazard Zone B
material must have a minimum test
pressure in accordance with P200 of the
UN Recommendations (IBR, see § 171.7
of this subchapter). For Hazard Zone A
gases, the cylinder must have a
minimum wall thickness of 3.5 mm if
made of aluminum alloy or 2 mm if
made of steel or, alternatively, cylinders
may be packed in a rigid outer
packaging that meets the Packing Group
I performance level when tested as
prepared for transport, and that is
designed and constructed to protect the
cylinder and valve from puncture or
damage that may result in release of the
gas.
(e) Interconnection. Cylinders may
not be manifolded or connected. This
provision does not apply to MEGCs
containing Hazard Zone B materials in
accordance with § 173.312.
I 17. Section 173.163 is revised to read
as follows:
§ 173.163
Hydrogen fluoride.
(a) Hydrogen fluoride (hydrofluoric
acid, anhydrous) must be packaged as
follows:
PO 00000
Frm 00024
Fmt 4701
Sfmt 4700
(1) In specification 3, 3A, 3AA, 3B,
3BN, or 3E cylinders; or in specification
4B, 4BA, or 4BW cylinders except that
brazed 4B, 4BA, and 4BW cylinders are
not authorized. The 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 requalification becomes due.
(2) In a UN cylinder, as specified in
part 178 of this subchapter, having a
minimum test pressure of 10 bar and a
maximum filling ratio of 0.84.
(b) A cylinder removed from
hydrogen fluoride service must be
condemned in accordance with
§ 180.205 of this subchapter.
Alternatively, at the direction of the
owner, the requalifier may render the
cylinder incapable of holding pressure.
I 18. In § 173.192, the introductory text
and paragraph (a) introductory text are
revised to read as follows:
§ 173.192 Packaging for certain toxic
gases in Hazard Zone A.
When § 172.101 of this subchapter
specifies a toxic material must be
packaged under this section, only the
following cylinders are authorized:
(a) Specification 3A1800, 3AA1800,
3AL1800, 3E1800, or seamless UN
cylinders with a minimum test pressure
in accordance with P200 of the UN
Recommendations (IBR, see § 171.7 of
this subchapter).
*
*
*
*
*
I 19. In § 173.195, paragraph (a) is
revised to read as follows:
§ 173.195 Hydrogen cyanide, anhydrous,
stabilized (hydrocyanic acid, aqueous
solution).
(a) Hydrogen cyanide, anhydrous,
stabilized, must be packed in
specification cylinders or UN pressure
receptacles as follows:
(1) As prescribed in § 173.192;
(2) Specification 3A480, 3A480X,
3AA480, or 3A1800 metal cylinders of
not over 126 kg (278 pounds) water
capacity (nominal);
(3) Shipments in 3AL cylinders are
authorized only when transported by
highway and rail; or
(4) UN cylinders, as specified in part
178, with a minimum test pressure of
100 bar and a maximum filling ratio of
0.55. The use of UN tubes and MEGCs
is not authorized.
*
*
*
*
*
I 20. In § 173.201, the last entry in
paragraph (c) is revised to read as
follows:
E:\FR\FM\12JNR2.SGM
12JNR2
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
§ 173.201 Non-bulk packagings for liquid
hazardous materials in Packing Group I.
(c) * * *
Cylinders, specification or UN
standard, as prescribed for any
compressed gas, except 3HT and those
prescribed for acetylene.
I 21. Section 173.205 is revised to read
as follows:
(c), (d), (j), (k) and (l) are revised to read
as follows:
§ 173.301 General requirements for
shipment of compressed gases and other
hazardous materials in cylinders, UN
pressure receptacles and spherical
pressure vessels.
§ 173.205 Specification cylinders for liquid
hazardous materials.
When § 172.101 of this subchapter
specifies that a hazardous material must
be packaged under this section, the use
of any specification or UN cylinder,
except those specified for acetylene, is
authorized. Cylinders used for toxic
materials in Division 6.1 or 2.3 must
conform to the requirements of § 173.40.
I 22. In § 173.226, paragraph (a) is
revised to read as follows:
§ 173.226 Materials poisonous by
inhalation, Division 6.1, Packing Group I,
Hazard Zone A.
*
*
*
*
*
(a) In seamless specification or UN
cylinders conforming to the
requirements of § 173.40.
*
*
*
*
*
I 23. In § 173.227, paragraph (a) is
revised to read as follows:
§ 173.227 Materials poisonous by
inhalation, Division 6.1, Packing Group I,
Hazard Zone B.
(a) In packagings as authorized in
§ 173.226 and seamless and welded
specification cylinders or UN seamless
cylinders conforming to the
requirements of § 173.40.
*
*
*
*
*
I 24. In § 173.228, the introductory text
is removed and paragraph (a) is revised
to read as follows:
jlentini on PROD1PC65 with RULES2
§ 173.228 Bromine pentafluoride or
bromine trifluoride.
(a) Bromine pentafluoride and
bromine trifluoride are authorized in
packagings as follows:
(1) Specification 3A150, 3AA150,
3B240, 3BN150, 4B240, 4BA240,
4BW240, and 3E1800 cylinders.
(2) UN cylinders as specified in part
178 of this subchapter, except acetylene
cylinders and non-refillable cylinders,
with a minimum test pressure of 10 bar
and a minimum outage of 8 percent by
volume. The use of UN tubes and
MEGCs is not authorized.
(3) The use of a pressure relief device
is not authorized.
*
*
*
*
*
I 25. In § 173.301, paragraphs (a)(10)
and (f)(5)(iv) are added; the section
heading, paragraph (f)(1), the
introductory text to paragraphs (a),
(a)(1), (h), (h)(1), and (i), and paragraphs
VerDate Aug<31>2005
21:39 Jun 09, 2006
Jkt 208001
(a) General qualifications for use of
cylinders. Unless otherwise stated, as
used in this section, the term ‘‘cylinder’’
includes a UN pressure receptacle. As
used in this subpart, filled or charged
means an introduction or presence of a
hazardous material in a cylinder. A
cylinder filled with a Class 2 hazardous
material (gas) and offered for
transportation must meet the
requirements in this section and
§§ 173.301a through 173.305, as
applicable.
(1) Compressed gases must be in UN
pressure receptacles built in accordance
with the UN standards or in metal
cylinders and containers built in
accordance with the DOT and ICC
specifications and part 178 of this
subchapter in effect at the time of
manufacture, and requalified and
marked as prescribed in subpart C in
part 180 of this subchapter, if
applicable. The DOT and ICC
specifications authorized for use are as
follows:
*
*
*
*
*
(10) Any person who installs a valve
into an aluminum cylinder in oxygen
service must verify the valve and the
cylinder have the same thread type.
*
*
*
*
*
(c) Toxic gases and mixtures.
Cylinders containing toxic gases and
toxic gas mixtures meeting the criteria
of Division 2.3 Hazard Zone A or B must
conform to the requirements of § 173.40
and CGA S–1.1 and S–7 (IBR; see
§ 171.7 of this subchapter). The CGA S–
1.1, 2001 edition should be used for
DOT specification cylinders and the
CGA S–1.1 2003 edition should be used
for UN pressure receptacles (compliance
with paragraph 9.1.1.1 of CGA S–1.1 is
not required). A DOT 39 cylinder, UN
non-refillable cylinder, or a UN
composite cylinder certified to ISO–
11119–3 may not be used for a toxic gas
or toxic gas mixture meeting the criteria
for Division 2.3, Hazard Zone A or B.
(d) Gases capable of combining
chemically. A cylinder may not contain
any gas or material capable of
combining chemically with the
cylinder’s contents or with the
cylinder’s material construction, so as to
endanger the cylinder’s serviceability.
DOT 3AL cylinders made of aluminum
alloy 6351–T6 may not be filled and
offered for transportation with
pyrophoric gases. The use of UN
PO 00000
Frm 00025
Fmt 4701
Sfmt 4700
33881
cylinders made of aluminum alloy
6351–T6 is prohibited.
*
*
*
*
*
(f) * * *
(1) Except as provided in paragraphs
(f)(5), (f)(6), and (l)(2) of this section, a
cylinder filled with a gas and offered for
transportation must be equipped with
one or more pressure relief devices
sized and selected as to type, location,
and quantity, and tested in accordance
with CGA S–1.1 and S–7. The CGA S–
1.1, 2001 edition should be used for
DOT specification cylinders and the
CGA S–1.1 2003 edition should be used
for UN pressure receptacles (compliance
with paragraph 9.1.1.1 of CGA S–1.1 is
not required). The pressure relief device
must be capable of preventing rupture of
the normally filled cylinder when
subjected to a fire test conducted in
accordance with CGA C–14 (IBR, see
§ 171.7 of this subchapter), or, in the
case of an acetylene cylinder, CGA C–
12 (IBR, see § 171.7 of this subchapter).
*
*
*
*
*
(5) * * *
(iv) A UN pressure receptacle
transported in accordance with
paragraph (k) or (l) or this section.
*
*
*
*
*
(h) Cylinder valve protection. UN
pressure receptacles must meet the
valve protection requirements in
§ 173.301b(f). A DOT specification
cylinder used to transport a hazardous
material must meet the requirements
specified in this paragraph (h).
(1) The following specification
cylinders are not subject to the cylinder
valve protection requirements in this
paragraph (h):
*
*
*
*
*
(i) Cylinders mounted on motor
vehicles or in frames. MEGCs must
conform to the requirements in
§ 173.313. DOT specification cylinders
mounted on motor vehicles or in frames
must conform to the requirements
specified in this paragraph (i). Seamless
DOT specification cylinders longer than
2 m (6.5 feet) are authorized for
transportation only when horizontally
mounted on a motor vehicle or in an
ISO framework or other framework of
equivalent structural integrity.
Cylinders may not be transported by rail
in container on freight car (COFC) or
trailer on flat car (TOFC) service except
under conditions approved by the
Associate Administrator for Safety,
Federal Railroad Administration. The
cylinder must be configured as follows:
*
*
*
*
*
(j) Non-specification cylinders in
domestic use. Except as provided in
paragraphs (k) and (l) of this section, a
E:\FR\FM\12JNR2.SGM
12JNR2
jlentini on PROD1PC65 with RULES2
33882
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
filled cylinder manufactured to other
than a DOT specification or a UN
standard in accordance with part 178 of
this subchapter, or a DOT exemption or
special permit cylinder or a cylinder
used as a fire extinguisher in
conformance with § 173.309(a), may not
be transported to, from, or within the
United States.
(k) Importation of cylinders for
discharge within a single port area. A
cylinder manufactured to other than a
DOT specification or UN standard in
accordance with part 178 of this
subchapter and certified as being in
conformance with the transportation
regulations of another country may be
authorized, upon written request to and
approval by the Associate
Administrator, for transportation within
a single port area, provided–
(1) The cylinder is transported in a
closed freight container;
(2) The cylinder is certified by the
importer to provide a level of safety at
least equivalent to that required by the
regulations in this subchapter for a
comparable DOT specification or UN
cylinder; and
(3) The cylinder is not refilled for
export unless in compliance with
paragraph (l) of this section.
(l) Filling of cylinders for export. (1)
A cylinder not manufactured, inspected,
tested and marked in accordance with
part 178 of this subchapter, or a cylinder
manufactured to other than a UN
standard, DOT specification, exemption
or special permit, may be filled with a
gas in the United States and offered for
transportation and transported for
export or alternatively, for use on board
a vessel, if the following conditions are
met:
(i) The cylinder has been requalified
and marked with the month and year of
requalification in accordance with
subpart C of part 180 of this subchapter,
or has been requalified as authorized by
the Associate Administrator;
(ii) In addition to other requirements
of this subchapter, the maximum filling
density, service pressure, and pressure
relief device for each cylinder conform
to the requirements of this part for the
gas involved; and
(iii) The bill of lading or other
shipping paper identifies the cylinder
and includes the following certification:
‘‘This cylinder has (These cylinders
have) been qualified, as required, and
filled in accordance with the DOT
requirements for export.’’
(2) A DOT specification or a UN
cylinder manufactured, inspected,
tested and marked in accordance with
part 178 of this subchapter and
otherwise conforms to the requirements
of this part for the gas involved, except
VerDate Aug<31>2005
20:37 Jun 09, 2006
Jkt 208001
that the cylinder is not equipped with
a pressure relief device may be filled
with a gas and offered for transportation
and transported for export if the
following conditions are met:
(i) Each DOT specification cylinder or
UN pressure receptacle must be plainly
and durably marked ‘‘For Export Only’’;
(ii) The shipping paper must carry the
following certification: ‘‘This cylinder
has (These cylinders have) been retested
and refilled in accordance with the DOT
requirements for export.’’; and
(iii) The emergency response
information provided with the shipment
and available from the emergency
response telephone contact person must
indicate that the pressure receptacles
are not fitted with pressure relief
devices and provide appropriate
guidance for exposure to fire.
*
*
*
*
*
I 26. Section 173.301b is added to read
as follows:
§ 173.301b Additional general
requirements for shipment of UN pressure
receptacles.
(a) General. The requirements of this
section are in addition to the
requirements in § 173.301 and apply to
the shipment of gases in UN pressure
receptacles. A UN pressure receptacle,
including closures, must conform to the
design, construction, inspection and
testing requirements specified in parts
178 and 180 of this subchapter, as
applicable. Bundles of cylinders must
conform to the requirements in
§ 178.70(e) of this subchapter.
(1) A UN pressure receptacle may not
be filled and offered for transportation
when damaged to such an extent that
the integrity of the UN pressure
receptacle or its service equipment may
be affected. Prior to filling, the service
equipment must be examined and found
to be in good working condition (see
§ 178.70(d) of this subchapter). In
addition, the required markings must be
legible on the pressure receptacle.
(2) The gases or gas mixtures must be
compatible with the UN pressure
receptacle and valve materials as
prescribed for metallic materials in ISO
11114–1 (IBR, see § 171.7 of this
subchapter) and for non-metallic
materials in ISO 11114–2 (IBR, see
§ 171.7 of this subchapter).
(3) A refillable UN pressure receptacle
may not be filled with a gas or gas
mixture different from that previously
contained in the UN pressure receptacle
unless the necessary operations for
change of gas service have been
performed in accordance with ISO
11621 (IBR, see § 171.7 of this
subchapter).
PO 00000
Frm 00026
Fmt 4701
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(4) When a strong outer packaging is
prescribed, for example as provided by
paragraph (a)(6) or (g)(1) of this section,
the UN pressure receptacles must be
protected to prevent movement. Unless
otherwise specified in this part, more
than one UN pressure receptacle may be
enclosed in the strong outer packaging.
(b) Individual shut-off valves and
pressure relief devices. Except for
Division 2.2 permanent gases, each UN
pressure receptacle must be equipped
with an individual shutoff valve that
must be tightly closed while in transit.
Each UN pressure receptacle must be
individually equipped with a pressure
relief device as prescribed by
§ 173.301(f), except that pressure relief
devices on bundles of cylinders or
manifolded horizontal cylinders must
have a set-to-discharge pressure that is
based on the lowest marked pressure of
any cylinder in the bundle or
manifolded unit.
(c) Pressure receptacle valve
requirements. (1) When the use of a
valve is prescribed, the valve must
conform to the requirements in ISO
10297 (IBR, see § 171.7 of this
subchapter).
(2) A UN pressure receptacle must
have its valves protected from damage
that could cause inadvertent release of
the contents of the UN pressure
receptacle by one of the following
methods:
(i) By constructing the pressure
receptacle so that the valves are
recessed inside the neck of the UN
pressure receptacle and protected by a
threaded plug or cap;
(ii) By equipping the UN pressure
receptacle with a valve cap conforming
to the requirements in ISO 11117 (IBR,
see § 171.7 of this subchapter). The cap
must have vent-holes of sufficient crosssectional area to evacuate the gas if
leakage occurs at the valve;
(iii) By protecting the valves by
shrouds or guards conforming to the
requirements in ISO 11117;
(iv) By using valves designed and
constructed with sufficient inherent
strength to withstand damage in
accordance with Annex B of ISO 10297;
(v) By enclosing the UN pressure
receptacles in frames, e.g., bundles of
cylinders; or
(vi) By packing the UN pressure
receptacles in a strong outer package,
such as a box or crate, capable of
meeting the drop test specified in
§ 178.603 of this subchapter at the
Packing Group I performance level.
(d) Non-refillable UN pressure
receptacles. Non-refillable UN pressure
receptacles must conform to the
following requirements:
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(1) The receptacles must be
transported as an inner package of a
combination package;
(2) The receptacle must have a water
capacity not exceeding 1.25 L when
used for a flammable or toxic gas; and
(3) The receptacle is prohibited for
Hazard Zone A material.
(e) Pyrophoric gases. A UN pressure
receptacle must have valves equipped
with gas-tight plugs or caps when used
for pyrophoric or flammable mixtures of
gases containing more than 1%
pyrophoric compounds.
(f) Hydrogen bearing gases. A steel
UN pressure receptacle bearing an ‘‘H’’
mark must be used for hydrogen bearing
gases or other embrittling gases that
have the potential of causing hydrogen
embrittlement.
(g) Composite cylinders in underwater
use. A composite cylinder certified to
ISO–11119–2 or ISO–11119–3 may not
be used for underwater applications
unless the cylinder is manufactured in
accordance with the requirements for
underwater use and is marked ‘‘UW’’ as
prescribed in § 178.71(o)(17) of this
subchapter.
I 27. In § 173.302, the introductory text
to paragraph (a) and paragraph (b)(2)
and (b)(3) are revised to read as follows:
jlentini on PROD1PC65 with RULES2
§ 173.302 Filling of cylinders with nonliquefied (permanent) compressed gases.
(a) General requirements. A cylinder
filled with a non-liquefied compressed
gas (except gas in solution) must be
offered for transportation in accordance
with the requirements of this section
and § 173.301. In addition, a DOT
specification cylinder must meet the
requirements in §§ 173.301a, 173.302a
and 173.305, as applicable. UN pressure
receptacles must meet the requirements
in §§ 173.301b and 173.302b, as
applicable. Where more than one
section applies to a cylinder, the most
restrictive requirements must be
followed.
*
*
*
*
*
(b) * * *
(2) Except for UN cylinders, each
cylinder opening must be configured
with straight threads only.
(3) Each UN pressure receptacle must
be cleaned in accordance with the
requirements of ISO 11621 (IBR, see
§ 171.7 or this subchapter). Each DOT
cylinder must be cleaned in accordance
with the requirements of GSA Federal
Specification RR–C–901D, paragraphs
3.3.1 and 3.3.2 (IBR, see § 171.7 of this
subchapter). Cleaning agents equivalent
to those specified in Federal
Specification RR–C–901D may be used
provided they do not react with oxygen.
One cylinder selected at random from a
group of 200 or fewer and cleaned at the
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same time must be tested for oil
contamination in accordance with
Federal Specification RR–C–901D,
paragraph 4.3.2, and meet the specified
standard of cleanliness.
*
*
*
*
*
I 28. Section 173.302b is added to read
as follows:
°F) except, if the gas is dry and sulfurfree, the settled pressure may not exceed
l⁄2 of the marked test pressure.
I 29. In § 173.303, paragraph (b) is
revised and (f) is added to read as
follows:
§ 173.302b Additional requirements for
shipment of non-liquefied (permanent)
compressed gases in UN pressure
receptacles.
*
(a) General. A cylinder filled with a
non-liquefied gas must be offered for
transportation in UN pressure
receptacles subject to the requirements
in this section and § 173.302. In
addition, the requirements in §§ 173.301
and 173.301b must be met.
(b) UN pressure receptacles filling
limits. A UN pressure receptacle is
authorized for the transportation of nonliquefied compressed gases as specified
in this section. Except where filling
limits are specifically prescribed in this
section, the working pressure of a UN
pressure receptacle may not exceed 2⁄3
of the test pressure of the receptacle.
Alternatively, the filling limits specified
for non-liquefied gases in Table 1 of
P200 of the UN Recommendations (IBR,
see § 171.7 of this subchapter) are
authorized. In no case may the internal
pressure at 65 °C (149 °F) exceed the test
pressure.
(c) Fluorine, compressed, UN 1045
and Oxygen diflouride, compressed, UN
2190. Fluorine, compressed and Oxygen
difluoride, compressed must be
packaged in a UN pressure receptacle
with a minimum test pressure of 200 bar
and a maximum working pressure not to
exceed 30 bar. A UN pressure receptacle
made of aluminum alloy is not
authorized. The maximum quantity of
gas authorized in each UN pressure
receptacle is 5 kg.
(d) Diborane and diborane mixtures,
UN 1911. Diborane and diborane
mixtures must be packaged in a UN
pressure receptacle with a minimum
test pressure of 250 bar and a maximum
filling ratio dependent on the test
pressure not to exceed 0.07. Filling
should be further limited so that if
complete decomposition of diborane
occurs, the pressure of diborane or
diborane mixtures will not exceed the
working pressure of the cylinder. The
use of UN tubes and MEGCs is not
authorized.
(e) Carbon monoxide, compressed UN
1016. Carbon monoxide, compressed is
authorized in UN pressure receptacles.
The settled pressure in a steel pressure
receptacle containing carbon monoxide
may not exceed 1⁄3 of the pressure
receptacle’s test pressure at 65 °C (149
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§ 173.303 Filling of cylinders with
compressed gas in solution (acetylene).
*
*
*
*
(b) Filling limits. For DOT
specification cylinders, the pressure in
the cylinder containing acetylene gas
may not exceed 250 psig at 70 °F. If
cylinders are marked for a lower
allowable charging pressure at 70 °F.,
that pressure must not be exceeded. For
UN cylinders, the pressure in the
cylinder may not exceed the limits
specified in § 173.304b(b)(2).
*
*
*
*
*
(f) UN cylinders. (1) UN cylinders and
bundles of cylinders are authorized for
the transport of acetylene gas as
specified in this section. Each UN
acetylene cylinder must conform to ISO
3807–2 (IBR, see § 171.7 of this
subchapter), have a homogeneous
monolithic porous mass filler and be
charged with acetone or a suitable
solvent as specified in the standard. UN
acetylene cylinders must have a
minimum test pressure of 52 bar and
may be filled up to the pressure limits
specified in ISO 3807–2. The use of UN
tubes and MEGCs is not authorized.
(2) UN cylinders equipped with
pressure relief devices or that are
manifolded together must be
transported upright.
I 30. In § 173.304, the introductory text
in paragraph (a) is revised to read as
follows:
§ 173.304 Filling of cylinders with liquefied
compressed gases.
(a) General requirements. A cylinder
filled with a liquefied compressed gas
(except gas in solution) must be offered
for transportation in accordance with
the requirements of this section and the
general requirements in § 173.301. In
addition, a DOT specification cylinder
must meet the requirement in
§§ 173.301a, 173.304a, and 173.305, as
applicable. UN pressure receptacles
must be shipped in accordance with the
requirements in 173.301b and 173.304b,
as applicable.
*
*
*
*
*
I 31. Section 173.304b is added to read
as follows:
§ 173.304b Additional requirements for
shipment of liquefied compressed gases in
UN pressure receptacles.
(a) General. Liquefied gases and gas
mixtures must be offered for
transportation in UN pressure
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receptacles subject to the requirements
in this section and § 173.304. In
addition, the general requirements
applicable to UN pressure receptacles in
§§ 173.301 and 173.301b must be met.
(b) UN pressure receptacle filling
limits. A UN pressure receptacle is
authorized for the transportation of
liquefied compressed gases and gas
mixtures as specified in this section.
When a liquefied compressed gas or gas
mixture is transported in a UN pressure
receptacle, the filling ratio may not
exceed the maximum filling ratio (FR)
prescribed in this section and the
applicable ISO standard. Compliance
with the filling limits may be
determined by referencing the
numerical values and data in Table 2 of
Identification No.
UN1020
UN1048
UN1973
UN1976
UN1982
UN2035
UN2192
UN2198
UN2424
UN2599
P–200 filling
limit
Chloropentafluoroethane or Refrigerant gas R 115 ..........................................................................
Hydrogen bromide .............................................................................................................................
Chlorodifluoromethane and chloropentafluoroethane mixture or Refrigerant gas R 502 .................
Octafluorocyclobutane, or Refrigerant gas RC 318 ..........................................................................
Tetrafluoromethane or Refrigerant gas R 14 ....................................................................................
1,1,1-Trifluoroethane, or Refrigerant gas R 143a .............................................................................
Germane ............................................................................................................................................
Phosphorous Pentafluoride ...............................................................................................................
Octafluoropropane or Refrigerant gas R 218 ....................................................................................
Chlorotrifluoromethane and trifuoromethane azeotropic mixture or Refrigerant gas R 503 .............
(d) Tetraflouroethylene, stabilized,
UN1081 must be packaged in a pressure
receptacle with a minimum test
pressure of 200 bar and a working
pressure not exceeding 5 bar.
(e) Fertilizer ammoniating solution
with free ammonia, UN1043 is not
authorized in UN tubes or MEGCs.
I 32. Section 173.312 is added to read
as follows:
jlentini on PROD1PC65 with RULES2
or greater than the vapor pressure of the
liquid at 65 °C.
(3) For high pressure liquefied gases
or gas mixtures, the maximum filling
ratio may be determined using the
formulas in (3)(b) of P200 of the UN
Recommendations.
(4) For low pressure liquefied gases or
gas mixtures, the maximum filling ratio
may be determined using the formulas
in (3)(c) of P200 of the UN
Recommendations.
(c) Special filling limits.
Notwithstanding the numerical values
shown in Table 2 of P200, the maximum
allowable filling limits authorized for
the following gases in UN pressure
receptacles must be in accordance with
the following table:
Proper shipping name
...
...
...
...
...
...
...
...
...
...
§ 173.312
MEGCs.
P200 of the UN Recommendations (IBR,
see § 171.7 of this subchapter).
Alternatively, the maximum allowable
filling limits may be determined as
follows:
(1) For high pressure liquefied gases,
in no case may the filling ratio of the
settled pressure at 65 °C (149 °F) exceed
the test pressure of the UN pressure
receptacle.
(2) For low pressure liquefied gases,
the filling factor (maximum mass of
contents per liter of water capacity)
must be less than or equal to 95 percent
of the liquid phase at 50 °C. In addition,
the UN pressure receptacle may not be
liquid full at 60 °C. The test pressure of
the pressure receptacle must be equal to
Requirements for shipment of
(a) General requirements. (1) Unless
otherwise specified, a MEGC is
authorized for the shipment of liquefied
and non-liquefied compressed gases.
Each pressure receptacle contained in a
MEGC must meet the requirements in
§§ 173.301, 173.301b, 173.302b and
173.304b, as applicable.
(2) The MEGC must conform to the
design, construction, inspection and
testing requirements prescribed in
§ 178.75 of this subchapter.
(3) No person may offer or accept a
hazardous material for transportation in
a MEGC that is damaged to such an
extent that the integrity of the pressure
receptacles or the MEGC’s structural or
service equipment may be affected.
(4) No person may fill or offer for
transportation a pressure receptacle in a
MEGC if the pressure receptacle or the
MEGC is due for periodic
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requalification, as prescribed in subpart
C to part 180 of this subchapter.
However, this restriction does not
preclude transportation of pressure
receptacles filled and offered for
transportation prior to the
requalification due date.
(5) Prior to filling and offering a
MEGC for transportation, the MEGC’s
structural and service equipment must
be visually inspected. Any unsafe
condition must be corrected before the
MEGC is offered for transportation. All
required markings must be legible.
(6) Except for Division 2.2 permanent
gases, each pressure receptacle must be
equipped with an individual shutoff
valve that must be tightly closed while
in transit. For Division 2.1, Division 2.2
liquefied gases and 2.3 gases, the
manifold must be designed so that each
pressure receptacle can be filled
separately and be kept isolated by a
valve capable of being closed during
transit. For Division 2.1 gases, the
pressure receptacles must be isolated by
a valve into assemblies of not more than
3,000 L.
(b) Filling. (1) A MEGC may not be
filled to a pressure greater than the
lowest marked working pressure of any
pressure receptacle. A MEGC may not
be filled above its marked maximum
permissible gross mass.
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1.08
1.54
1.05
1.34
0.94
0.75
1.02
1.34
1.09
0.20, 0.66
HMR filling
limit
1.05
1.51
1.01
1.32
0.90
0.73
1.00
1.25
1.04
0.17, 0.64
(2) After each filling, the shipper must
verify the leakproofness of the closures
and equipment. Each fill opening must
be closed by a cap or plug.
(c) Damage protection. During
transportation, a MEGC must be
protected against damage to the pressure
receptacles and service equipment
resulting from lateral and longitudinal
impact and overturning as prescribed in
§ 178.75 of this subchapter.
I 33. In § 173.323, the first sentence in
paragraph (b)(2) is revised to read as
follows:
§ 173.323
Ethylene oxide.
*
*
*
*
*
(b) * * *
(2) In specification cylinders or UN
pressure receptacles, as authorized for
any compressed gas except
acetylene.* * *
*
*
*
*
*
I 34. In § 173.334, the introductory text
to paragraph (a) is revised to read as
follows:
§ 173.334 Organic phosphates mixed with
compressed gas.
*
*
*
*
*
(a) Hexaethyl tetraphosphate,
parathion, tetraethyl dithio
pyrophosphate, tetraethyl
pyrophosphate, or other Division 6.1
organic phosphates (including a
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compound or mixture), may be mixed
with a non-flammable compressed gas.
This mixture may not contain more than
20 percent by weight of an organic
phosphate and must be packaged in
DOT 3A240, 3AA240, 3B240, 4A240,
4B240, 4BA240, 4BW240 or UN
cylinders meeting all of the following
requirements:
*
*
*
*
*
I 35. Section 173.336 is revised to read
as follows:
§ 173.336 Nitrogen dioxide, liquefied, or
dinitrogen tetroxide, liquefied.
jlentini on PROD1PC65 with RULES2
(a) Nitrogen dioxide, liquefied, or
dinitrogen tetroxide, liquefied, must be
packaged in specification or UN
cylinders as prescribed in § 173.192,
except valves are not authorized. UN
tubes and MEGCs are not authorized for
use. Cylinders must be equipped with a
stainless steel valve and valve seat that
will not deteriorate in contact with
nitrogen dioxide. Each valve opening
must be closed by a solid metal plug
with tapered thread properly luted to
prevent leakage. Transportation in DOT
3AL cylinders is authorized only by
highway and rail.
(b) Each UN pressure receptacle must
be cleaned in accordance with the
requirements of ISO 11621 (IBR, see
§ 171.7 of this subchapter). Each DOT
specification cylinder must be cleaned
according to the requirements of GSA
Federal Specification RR–C–901D,
paragraphs 3.3.1 and 3.3.2 (IBR, see
§ 171.7 of this subchapter). Cleaning
agents equivalent to those specified in
RR–C–901D may be used; however, any
cleaning agent must not be capable of
reacting with oxygen. One cylinder
selected at random from a group of 200
or fewer and cleaned at the same time
must be tested for oil contamination in
accordance with Specification RR–C–
901D, paragraph 4.3.2 (IBR, see § 171.7
of this subchapter) and meet the
standard of cleanliness specified
therein.
I 36. Section 173.337 is revised to read
as follows:
cylinder must not exceed 50 bar. The
pressure in the cylinder at 65 °C (149 °F)
may not exceed the test pressure. The
use of UN tubes and MEGCs is not
authorized.
(3) Valves. Cylinders must be
equipped with a stainless steel valve
and valve seat that will not deteriorate
in contact with nitric oxide. Cylinders
or valves may not be equipped with
pressure relief devices of any type.
(b) Each UN cylinder must be cleaned
in accordance with the requirements of
ISO 11621 (IBR, see § 171.7 of this
subchapter). Each DOT specification
cylinder must be cleaned in compliance
with the requirements of GSA Federal
Specification RR–C–901D, paragraphs
3.3.1 and 3.3.2 (IBR, see § 171.7 of this
subchapter). Cleaning agents equivalent
to those specified in Federal
Specification RR–C–901D may be used;
however, any cleaning agent must not
be capable of reacting with oxygen. One
cylinder selected at random from a
group of 200 or fewer and cleaned at the
same time must be tested for oil
contamination in accordance with
Federal Specification RR–C–901D
paragraph 4.3.2 and meet the standard
of cleanliness specified therein.
PART 178—SPECIFICATIONS FOR
PACKAGINGS
37. The authority citation for part 178
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
38. Section 178.69 is added to read as
follows:
I
§ 178.69 Responsibilities and
requirements for manufacturers of UN
pressure receptacles.
(a) Each manufacturer of a UN
pressure receptacle marked with ‘‘USA’’
as a country of approval must comply
with the requirements in this section.
The manufacturer must maintain a
quality system, obtain an approval for
each initial pressure receptacle design
type, and ensure that all production of
UN pressure receptacles meets the
§ 173.337 Nitric oxide.
applicable requirements.
(1) Quality system. The manufacturer
(a) Nitric oxide must be packaged in
of a UN pressure receptacle must have
cylinders conforming to the
requirements of § 173.40 and as follows: its quality system approved by the
Associate Administrator. The quality
(1) DOT specification cylinder. In a
system will initially be assessed through
DOT 3A1800, 3AA1800, 3E1800, or
3AL1800 cylinder. A DOT specification an audit by the Associate Administrator
or his or her representative to determine
cylinder must be charged to a pressure
whether it meets the requirements of
of not more than 5,170 kPa (750 psi) at
this section. The Associate
21 °C (70 °F). Transportation of nitric
Administrator will notify the
oxide in a DOT 3AL is cylinder is
manufacturer in writing of the results of
authorized only by highway and rail.
(2) UN cylinder. In a UN cylinder with the audit. The notification will contain
a minimum test pressure of 200 bar. The the conclusions of the audit and any
corrective action required. The
maximum working pressure of the
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33885
Associate Administrator may perform
periodic audits to ensure that the
manufacturer operates in accordance
with the quality system. Reports of
periodic audits will be provided to the
manufacturer. The manufacturer must
bear the cost of audits.
(2) Quality system documentation.
The manufacturer must be able to
demonstrate a documented quality
system. Management must review the
adequacy of the quality system to assure
that it is effective and conforms to the
requirements in § 178.70. The quality
system records must be in English and
must include detailed descriptions of
the following:
(i) The organizational structure and
responsibilities of personnel with regard
to design and product quality;
(ii) The design control and design
verification techniques, processes, and
procedures used when designing the
pressure receptacles;
(iii) The relevant procedures for
pressure receptacle manufacturing,
quality control, quality assurance, and
process operation instructions;
(iv) Inspection and testing
methodologies, measuring and testing
equipment, and calibration data;
(v) The process for meeting customer
requirements;
(vi) The process for document control
and document revision;
(vii) The system for controlling nonconforming material and records,
including procedures for identification,
segregation, and disposition;
(viii) Production, processing and
fabrication, including purchased
components, in-process and final
materials; and
(ix) Training programs for relevant
personnel.
(3) Maintenance of quality system.
The manufacturer must maintain the
quality system as approved by the
Associate Administrator. The
manufacturer shall notify the Associate
Administrator of any intended changes
to the approved quality system prior to
making the change. The Associate
Administrator will evaluate the
proposed change to determine whether
the amended quality system will satisfy
the requirements. The Associate
Administrator will notify the
manufacturer of the findings.
(b) Design type approvals. The
manufacturer must have each pressure
receptacle design type reviewed by an
IIA and approved by the Associate
Administrator in accordance with
§ 178.70. A cylinder is considered to be
of a new design, compared with an
existing approved design, as stated in
the applicable ISO design, construction
and testing standard.
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(c) Production inspection and
certification. The manufacturer must
ensure that each UN pressure receptacle
is inspected and certified in accordance
with § 178.71.
I 39. Section 178.70 is added to read as
follows:
jlentini on PROD1PC65 with RULES2
§ 178.70 Approval of UN pressure
receptacles.
(a) Initial design-type approval. The
manufacturer of a UN pressure
receptacle must obtain an initial design
type approval from the Associate
Administrator. The initial design type
approval must be of the pressure
receptacle design as it is intended to be
produced. The manufacturer must
arrange for an IIA, approved by the
Associate Administrator in accordance
with subpart I of part 107 of this
chapter, to perform a pre-audit of its
pressure receptacle manufacturing
operation prior to having an audit
conducted by the Associate
Administrator or his designee.
(b) IIA pre-audit. The manufacturer
must submit an application for initial
design type approval to the IIA for
review. The IIA will examine the
manufacturer’s application for initial
design type approval for completeness.
An incomplete application will be
returned to the manufacturer with an
explanation. If an application is
complete, the IIA will review all
technical documentation, including
drawings and calculations, to verify that
the design meets all requirements of the
applicable UN pressure receptacle
standard and specification
requirements. If the technical
documentation shows that the pressure
receptacle prototype design conforms to
the applicable standards and
requirements in § 178.70, the
manufacturer will fabricate a prototype
lot of pressure receptacles in
conformance with the technical
documentation representative of the
design. The IIA will verify that the
prototype lot conforms to the applicable
requirements by selecting pressure
receptacles and witnessing their testing.
After prototype testing has been
satisfactorily completed, showing the
pressure receptacles fully conform to all
applicable specification requirements,
the certifying IIA must prepare a letter
of recommendation and a design type
approval certificate. The design type
approval certificate must contain the
name and address of the manufacturer
and the IIA certifying the design type,
the test results, chemical analyses, lot
identification, and all other supporting
data specified in the applicable ISO
design, construction and testing
standard. The IIA must provide the
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certificate and documentation to the
manufacturer.
(c) Application for initial design type
approval. If the pre-audit is found
satisfactory by the IIA, the manufacturer
will submit the letter of
recommendation from the IIA and an
application for design type approval to
the Associate Administrator. An
application for initial design type
approval must be submitted for each
manufacturing facility. The application
must be in English and, at a minimum,
contain the following information:
(1) The name and address of the
manufacturing facility. If the application
is submitted by an authorized
representative on behalf of the
manufacturer, the application must
include the representative’s name and
address.
(2) The name and title of the
individual responsible for the
manufacturer’s quality system, as
required by § 178.69.
(3) The designation of the pressure
receptacle and the relevant pressure
receptacle standard.
(4) Details of any refusal of approval
of a similar application by a designated
approval agency of another country.
(5) The name and address of the
production IIA that will perform the
functions prescribed in paragraph (e) of
this section. The IIA must be approved
in writing by the Associate
Administrator in accordance with
subpart I of part 107 of this chapter.
(6) Documentation on the
manufacturing facility as specified in
§ 178.69.
(7) Design specifications and
manufacturing drawings, showing
components and subassemblies if
relevant, design calculations, and
material specifications necessary to
verify compliance with the applicable
pressure receptacle design standard.
(8) Manufacturing procedures and any
applicable standards that describe in
detail the manufacturing processes and
control.
(9) Design type approval test reports
detailing the results of examinations
and tests conducted in accordance with
the relevant pressure receptacle
standard, to include any additional data,
such as suitability for underwater
applications or compatibility with
hydrogen embrittlement gases.
(d) Modification of approved pressure
receptacle design type. Modification of
an approved UN pressure receptacle
design type is not authorized without
the approval of the Associate
Administrator. A manufacturer seeking
modification of an approved UN
pressure receptacle design type may be
required to submit design qualification
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test data to the Associate Administrator
before production. An audit may be
required as part of the process to modify
an approval.
(e) Responsibilities of the production
IIA. The production IIA is responsible
for ensuring that each pressure
receptacle conforms to the design type
approval. The production IIA must
perform the following functions:
(1) Witness all inspections and tests
specified in the UN pressure receptacle
standard to ensure compliance with the
standard and that the procedures
adopted by the manufacturer meet the
requirements of the standard;
(2) Verify that the production
inspections were performed in
accordance with this section;
(3) Select UN pressure receptacles
from a prototype production lot and
witness testing as required for the
design type approval;
(4) Ensure that the various type
approval examinations and tests are
performed accurately;
(5) Verify that each pressure
receptacle is marked in accordance with
the applicable requirements in § 178.72;
and
(6) Furnish complete test reports to
the manufacturer and upon request to
the purchaser. The test reports and
certificate of compliance must be
retained by the IIA for at least 20 years
from the original test date of the
pressure receptacles.
(f) Production inspection audit and
certification. (1) If the application,
design drawing and quality control
documents are found satisfactory,
PHMSA will schedule an on-site audit
of the pressure receptacle
manufacturer’s quality system,
manufacturing processes, inspections,
and test procedures.
(2) During the audit, the manufacturer
will be required to produce pressure
receptacles to the technical standards
for which approval is sought.
(3) The production IIA must witness
the required inspections and
verifications on the pressure receptacles
during the production run. The IIA
selected by the manufacturer for
production inspection and testing may
be different from the IIA who performed
the design type approval verifications.
(4) If the procedures and controls are
deemed acceptable, test sample pressure
receptacles will be selected at random
from the production lot and sent to a
laboratory designated by the Associate
Administrator for verification testing.
(5) If the pressure receptacle test
samples are found to conform to all the
applicable requirements, the Associate
Administrator will issue approvals to
the manufacturer and the production
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IIA to authorize the manufacture of the
pressure receptacles. The approved
design type approval certificate will be
returned to the manufacturer.
(6) Upon the receipt of the approved
design type approval certificate from the
Associate Administrator, the pressure
receptacle manufacturer must sign the
certificate.
(g) Recordkeeping. The production
IIA and the manufacturer must retain a
copy of the design type approval
certificate and certificate of compliance
records for at least 20 years.
(h) Denial of design type application.
If the design type application is denied,
the Associate Administrator will notify
the applicant in writing and provide the
reason for the denial. The manufacturer
may request that the Associate
Administrator reconsider the decision.
The application request must—
(1) Be written in English and filed
within 60 days of receipt of the
decision;
(2) State in detail any alleged errors of
fact and law; and
(3) Enclose any additional
information needed to support the
request to reconsider.
(i) Appeal. (1) A manufacturer whose
reconsideration request is denied may
appeal to the PHMSA Administrator.
The appeal must—
(i) Be written in English and filed
within 60 days of receipt of the
Associate Administrator’s decision on
reconsideration;
(ii) State in detail any alleged errors
of fact and law;
(iii) Enclose any additional
information needed to support the
appeal; and
(iv) State in detail the modification of
the final decision sought.
(2) The PHMSA Administrator will
grant or deny the relief and inform the
appellant in writing of the decision.
PHMSA Administrator’s decision is the
final administrative action.
(j) Termination of a design type
approval certificate. (1) The Associate
Administrator may terminate an
approval certificate issue under this
section if it is determined that, because
of a change in circumstances, the
approval no longer is needed or no
longer would be granted if applied for;
information upon which the approval
was based is fraudulent or substantially
erroneous; or termination of the
approval is necessary to adequately
protect against risks to life and property.
(2) Before an approval is terminated,
the Associate Administrator will
provide the manufacturer and the
approval agency—
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(i) Written notice of the facts or
conduct believed to warrant the
withdrawal;
(ii) Opportunity to submit oral and
written evidence, and
(iii) Opportunity to demonstrate or
achieve compliance with the
application requirement.
(3) If the Associate Administrator
determines that a certificate of approval
must be withdrawn to preclude a
significant and imminent adverse affect
on public safety, the procedures in
paragraph (j)(2)(ii) and (iii) of this
section need not be provided prior to
withdrawal of the approval, but shall be
provided as soon as practicable
thereafter.
I 40. Section 178.71 is added to read as
follows:
§ 178.71. Specifications for UN pressure
receptacles.
(a) General. Each UN pressure
receptacle must meet the requirements
of this section. Requirements for
approval, qualification, maintenance,
and testing are contained in § 178.70,
and subpart C of part 180 of this
subchapter.
(b) Definitions. The following
definitions apply for the purposes of
design and construction of UN pressure
receptacles under this subpart:
Alternative arrangement means an
approval granted by the Associate
Administrator for a MEGC that has been
designed, constructed or tested to the
technical requirements or testing
methods other than those specified for
UN pressure receptacles in part 178 or
part 180 of this subchapter.
Bundle of cylinders. See § 171.8 of
this subchapter.
Design type means a pressure
receptacle design as specified by a
particular pressure receptacle standard.
Design type approval means an
overall approval of the manufacturer’s
quality system and design type of each
pressure receptacle to be produced
within the manufacturer’s facility.
UN tube. See § 171.8 of this
subchapter.
(c) General design and construction.
UN pressure receptacles and their
closures must be designed,
manufactured, tested and equipped in
accordance with the requirements
contained in this section.
(1) Following the final heat treatment,
all cylinders, except those selected for
batch testing must be subjected to a
hydraulic volumetric expansion test.
(2) The standard requirements
applicable to UN pressure receptacles
may be varied only if approved in
writing by the Associate Administrator.
(3) The test pressure of UN cylinders,
tubes, and bundles of cylinders must
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conform to the requirements in part 178
of this subchapter.
(d) Service equipment. (1) Except for
pressure relief devices, UN pressure
receptacle equipment, including valves,
piping, fittings, and other equipment
subjected to pressure must be designed
and constructed to withstand at least 1.5
times the test pressure of the pressure
receptacle.
(2) Service equipment must be
configured or designed to prevent
damage that could result in the release
of the pressure receptacle contents
during normal conditions of handling
and transport. Manifold piping leading
to shut-off valves must be sufficiently
flexible to protect the valves and the
piping from shearing or releasing the
pressure receptacle contents. The filling
and discharge valves and any protective
caps must be secured against
unintended opening. The valves must
conform to ISO 10297 (IBR, see § 171.7
of this subchapter) and be protected as
specified in § 173.301b(f) of this
subchapter.
(3) UN pressure receptacles that
cannot be handled manually or rolled,
must be equipped with devices (e.g.
skids, rings, straps) ensuring that they
can be safely handled by mechanical
means and so arranged as not to impair
the strength of, nor cause undue
stresses, in the pressure receptacle.
(4) Pressure receptacles filled by
volume must be equipped with a level
indicator.
(e) Bundles of cylinders. UN pressure
receptacles assembled in bundles must
be structurally supported and held
together as a unit and secured in a
manner that prevents movement in
relation to the structural assembly and
movement that would result in the
concentration of harmful local stresses.
The frame design must ensure stability
under normal operating conditions.
(1) The frame must securely retain all
the components of the bundle and must
protect them from damage during
conditions normally incident to
transportation. The method of cylinder
restraint must prevent any vertical or
horizontal movement or rotation of the
cylinder that could cause undue strain
on the manifold. The total assembly
must be able to withstand rough
handling, including being dropped or
overturned.
(2) The frame must include features
designed for the handling and
transportation of the bundle. The lifting
rings must be designed to withstand a
design load of 2 times the maximum
gross weight. Bundles with more than
one lifting ring must be designed such
that a minimum sling angle of 45
degrees to the horizontal can be
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achieved during lifting using the lifting
rings. If four lifting rings are used, their
design must be strong enough to allow
the bundle to be lifted by two rings.
Where two or four lifting rings are used,
diametrically opposite lifting rings must
be aligned with each other to allow for
correct lifting using shackle pins. If the
bundle is filled with forklift pockets, it
must contain two forklift pockets on
each side from which it is to be lifted.
The forklift pockets must be positioned
symmetrically consistent with the
bundle center of gravity.
(3) The frame structural members
must be designed for a vertical load of
2 times the maximum gross weight of
the bundle. Design stress levels may not
exceed 0.9 times the yield strength of
the material.
(4) The frame may not contain any
protrusions from the exterior frame
structure that could cause a hazardous
condition.
(5) The frame design must prevent
collection of water or other debris that
would increase the tare weight of
bundles filled by weight.
(6) The floor of the bundle frame must
not buckle during normal operating
conditions and must allow for the
drainage of water and debris from
around the base of the cylinders.
(7) If the frame design includes
movable doors or covers, they must be
capable of being secured with latches or
other means that will not become
dislodged by operational impact loads.
Valves that need to be operated in
normal service or in an emergency must
be accessible.
(g) Design and construction
requirements for UN refillable seamless
steel cylinders. In addition to the
general requirements of this section, UN
refillable seamless steel cylinders must
conform to the following ISO standards,
as applicable:
(1) ISO 9809–1: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
1: Quenched and tempered steel
cylinders with tensile strength less than
1 100 MPa. (IBR, see § 171.7 of this
subchapter).
(2) ISO 9809–2: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
2: Quenched and tempered steel
cylinders with tensile strength greater
than or equal to 1 100 MPa. (IBR, see
§ 171.7 of this subchapter).
(3) ISO 9809–3: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
3: Normalized steel cylinders. (IBR, see
§ 171.7 of this subchapter).
(h) Design and construction
requirements for UN refillable seamless
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aluminum alloy cylinders. In addition to
the general requirements of this section,
UN refillable seamless aluminum
cylinders must conform to ISO 7866:
Gas cylinders—Refillable seamless
aluminum alloy gas cylinders—Design,
construction and testing. (IBR, see
§ 171.7 of this subchapter). The use of
Aluminum alloy 6351-T6 or equivalent
is prohibited.
(i) Design and construction
requirements for UN non-refillable
metal cylinders. In addition to the
general requirements of this section, UN
non-refillable metal cylinders must
conform to ISO 11118: Gas cylinders—
Non-refillable metallic gas cylinders—
Specification and test methods. (IBR,
see § 171.7 of this subchapter.)
(j) Design and construction
requirements for UN refillable seamless
steel tubes. In addition to the general
requirements of this section, UN
refillable seamless steel tubes must
conform to ISO 11120: Gas cylinders—
Refillable seamless steel tubes of water
capacity between 150 L and 3000 L—
Design, construction and testing. (IBR,
see § 171.7 of this subchapter).
(k) Design and construction
requirements for UN acetylene
cylinders. In addition to the general
requirements of this section, UN
acetylene cylinders must conform to the
following ISO standards, as applicable:
(1) For the cylinder shell:
(i) ISO 9809–1: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
1: Quenched and tempered steel
cylinders with tensile strength less than
1 100 MPa.
(ii) ISO 9809–3: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
3: Normalized steel cylinders.
(2) The porous mass in an acetylene
cylinder must conform to ISO 3807–2:
Cylinders for acetylene—Basic
requirements—Part 2: Cylinders with
fusible plugs. (IBR, see § 171.7 of this
subchapter).
(l) Design and construction
requirements for UN composite
cylinders. (1) In addition to the general
requirements of this section, UN
composite cylinders must be designed
for unlimited service life and conform to
the following ISO standards, as
applicable:
(i) ISO 11119–1: Gas cylinders of
composite construction—Specification
and test methods—Part 1: Hoopwrapped composite gas cylinders. (IBR,
see § 171.7 of this subchapter).
(ii) ISO 11119–2: Gas cylinders of
composite construction—Specification
and test methods—Part 2: Fullywrapped fibre reinforced composite gas
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cylinders with load-sharing metal liners.
(IBR, see § 171.7 of this subchapter).
(iii) ISO 11119–3: Gas cylinders of
composite construction—Specification
and test methods—Part 3: Fully
wrapped fibre reinforced composite gas
cylinders with non-load sharing
metallic or non-metallic liners. (IBR, see
§ 171.7 of this subchapter).
(2) ISO 11119–2 and ISO 11119–3 gas
cylinders of composite construction
manufactured in accordance with the
requirements for underwater breathing
applications must bear the ‘‘UW’’ mark.
(m) Material compatibility. In
addition to the material requirements
specified in the UN pressure receptacle
design and construction ISO standards,
and any restrictions specified in part
173 for the gases to be transported, the
requirements of the following standards
must be applied with respect to material
compatibility:
(1) ISO 11114–1: Transportable gas
cylinders—Compatibility of cylinder
and valve materials with gas contents—
Part 1: Metallic materials. (IBR, see
§ 171.7 of this subchapter).
(2) ISO 11114–2: Transportable gas
cylinders—Compatibility of cylinder
and valve materials with gas contents—
Part 2: Non-metallic materials. (IBR, see
§ 171.7 of this subchapter).
(n) Protection of closures. Closures
and their protection must conform to
the requirements in § 173.301(f) of this
subchapter.
(o) Marking of UN refillable pressure
receptacles. UN refillable pressure
receptacles must be marked clearly and
legibly. The required markings must be
permanently affixed by stamping,
engraving, or other equivalent method,
on the shoulder, top end or neck of the
pressure receptacle or on a permanently
affixed component of the pressure
receptacle, such as a welded collar.
Except for the ‘‘UN’’ mark, the
minimum size of the marks must be 5
mm for pressure receptacles with a
diameter greater than or equal to 140
mm and 2.5 mm for pressure receptacles
with a diameter less than 140 mm. The
minimum size of the ‘‘UN’’ mark must
be 5 mm for pressure receptacles with
a diameter less than 140 mm and 10 mm
for pressure receptacles with a diameter
of greater than or equal to 140 mm. The
depth of the markings must not create
harmful stress concentrations. A
refillable pressure receptacle
conforming to the UN standard must be
marked as follows:
(1) The UN packaging symbol.
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(10) For liquefied gases, the water
capacity in liters expressed to three
significant digits rounded down to the
last digit, followed by the letter ‘‘L’’. If
the value of the minimum or nominal
water capacity is an integer, the digits
after the decimal point may be omitted.
(11) Identification of the cylinder
thread type (e.g., 25E).
(12) The country of manufacture. The
letters ‘‘USA’’ must be marked on
cylinders manufactured in the United
States.
(13) The serial number assigned by
the manufacturer.
(14) For steel pressure receptacles, the
letter ‘‘H’’ showing compatibility of the
steel, as specified in 1SO 11114–1.
(15) Identification of aluminum alloy,
if applicable.
(16) Stamp for nondestructive testing,
if applicable.
(17) Stamp for underwater use of
composite cylinders, if applicable.
(p) Marking sequence. The marking
required by paragraph (o) of this section
must be placed in three groups as
shown in the example below:
(1) The top grouping contains
manufacturing marks and must appear
consecutively in the sequence given in
paragraphs (o)(11) through (16) of this
section.
(2) The middle grouping contains
operational marks described in
paragraphs (o)(11) through (15) of this
section.
(3) The bottom grouping contains
certification marks and must appear
consecutively in the sequence given in
paragraph (o)(1) through (5) of this
section.
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(2) The ISO standard, for example ISO
9809–1, used for design, construction
and testing. Acetylene cylinders must be
marked to indicate the porous mass and
the steel shell, for example: ‘‘ISO 3807–
2/ISO 9809–1.’’
(3) The mark of the country where the
approval is granted. The letters ‘‘USA’’
must be marked on UN pressure
receptacles approved by the United
States. The manufacturer must obtain an
approval number from the Associate
Administrator. The manufacturer
approval number must follow the
country of approval mark, separated by
a slash (for example, USA/MXXXX).
Pressure receptacles approved by more
than one national authority may contain
the mark of each country of approval,
separated by a comma.
(4) The identity mark or stamp of the
IIA.
(5) The date of the initial inspection,
the year (four digits) followed by the
month (two digits) separated by a slash,
for example ‘‘2006/04’’.
(6) The test pressure in bar, preceded
by the letters ‘‘PH’’ and followed by the
letters ‘‘BAR’’. The test pressure must be
obtained from the results of a hydraulic
volumetric expansion test.
(7) The empty or tare weight. Except
for acetylene cylinders, empty weight is
the mass of the pressure receptacle in
kilograms, including all integral parts
(e.g., collar, neck ring, foot ring, etc.),
followed by the letters ‘‘KG’’. The empty
weight does not include the mass of the
valve, valve cap or valve guard or any
coating. The empty weight must be
expressed to three significant figures
rounded up to the last digit. For
cylinders of less than 1 kg, the empty
weight must be expressed to two
significant figures rounded down to the
last digit. For acetylene cylinders, the
tare weight must be marked on the
cylinders in kilograms (KG). The tare
weight is the sum of the empty weight,
mass of the valve, any coating and all
permanently attached parts (e.g. fittings
and accessories) that are not removed
during filling. The tare weight must be
expressed to two significant figures
rounded down to the last digit. The tare
weight does not include the cylinder
cap or any outlet cap or plug not
permanently attached to the cylinder.
(8) The minimum wall thickness of
the pressure receptacle in millimeters
followed by the letters ‘‘MM’’. This
mark is not required for pressure
receptacles with a water capacity less
than or equal to 1.0 L or for composite
cylinders.
(9) For pressure receptacles intended
for the transport of compressed gases
and UN 1001 acetylene, dissolved, the
working pressure in bar, proceeded by
the letters ‘‘PW’’.
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(q) Other markings. Other markings
are allowed in areas other than the side
wall, provided they are made in low
stress areas and are not of a size and
depth that will create harmful stress
concentrations. Such marks must not
conflict with required marks.
(r) Marking of UN non-refillable
pressure receptacles. Unless otherwise
specified in this paragraph, each UN
non-refillable pressure receptacle must
be clearly and legibly marked as
prescribed in paragraph (o) of this
section. In addition, permanent
stenciling is authorized. Except when
stenciled, the marks must be on the
shoulder, top end or neck of the
pressure receptacle or on a permanently
affixed component of the pressure
receptacle, for example a welded collar.
(1) The marking requirements and
sequence listed in paragraphs (o)(1)
through (16) of this section are required,
except the markings in paragraphs
(o)(7), (8), and (11) are not applicable.
The required serial number marking in
paragraph (o)(13) may be replaced by
the batch number.
(2) Each receptacle must be marked
with the words ‘‘DO NOT REFILL’’ in
letters of at least 5 mm in height.
(3) A non-refillable pressure
receptacle, because of its size, may
substitute the marking required by this
paragraph with a label. Reduction in
marking size is authorized only as
prescribed in ISO 7225, Gas cylinders—
Precautionary labels. (IBR, see § 171.7 of
this subchapter).
(4) Each non-refillable pressure
receptacle must also be legibly marked
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by stenciling the following statement:
‘‘Federal law forbids transportation if
refilled-penalty up to $500,000 fine and
5 years in imprisonment (49 U.S.C.
5124).’’
(5) No person may mark a nonrefillable pressure receptacle as meeting
the requirements of this section unless
it was manufactured in conformance
with this section.
I 41. Section 178.74 is added to read as
follows:
§ 178.74
Approval of MEGCs.
(a) Application for design type
approval. (1) Each new MEGC design
type must have a design approval
certificate. An owner or manufacturer
must apply to an approval agency that
is approved by the Associate
Administrator in accordance with
subpart E of part 107 of this chapter +to
obtain approval of a new design. When
a series of MEGCs is manufactured
without change in the design, the
certificate is valid for the entire series.
The design approval certificate must
refer to the prototype test report, the
materials of construction of the
manifold, the standards to which the
pressure receptacles are made and an
approval number. The compliance
requirements or test methods applicable
to MEGCs as specified in this subpart
may be varied when the level of safety
is determined to be equivalent to or
exceed the requirements of this
subchapter and is approved in writing
by the Associate Administrator. A
design approval may serve for the
approval of smaller MEGCs made of
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materials of the same type and
thickness, by the same fabrication
techniques and with identical supports,
equivalent closures and other
appurtenances.
(2) Each application for design
approval must be in English and contain
the following information:
(i) Two complete copies of all
engineering drawings, calculations, and
test data necessary to ensure that the
design meets the relevant specification.
(ii) The manufacturer’s serial number
that will be assigned to each MEGC.
(iii) A statement as to whether the
design type has been examined by any
approval agency previously and judged
unacceptable. Affirmative statements
must be documented with the name of
the approval agency, reason for nonacceptance, and the nature of
modifications made to the design type.
(b) Actions by the approval agency.
The approval agency must review the
application for design type approval,
including all drawings and calculations,
to ensure that the design of the MEGC
meets all requirements of the relevant
specification and to determine whether
it is complete and conforms to the
requirements of this section. An
incomplete application will be returned
to the applicant with the reasons why
the application was returned. If the
application is complete and all
applicable requirements of this section
are met, the approval agency must
prepare a MEGC design approval
certificate containing the manufacturer’s
name and address, results and
conclusions of the examination and
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necessary data for identification of the
design type. If the Associate
Administrator approves the Design Type
Approval Certificate application, the
approval agency and the manufacturer
must each maintain a copy of the
approved drawings, calculations, and
test data for at least 20 years.
(c) Approval agency’s responsibilities.
The approval agency is responsible for
ensuring that the MEGC conforms to the
design type approval. The approval
agency must:
(1) Witness all tests required for the
approval of the MEGC specified in this
section and § 178.75.
(2) Ensure, through appropriate
inspection, that each MEGC is fabricated
in all respects in conformance with the
approved drawings, calculations, and
test data.
(3) Determine and ensure that the
MEGC is suitable for its intended use
and that it conforms to the requirements
of this subchapter.
(4) Apply its name, identifying mark
or identifying number, and the date the
approval was issued, to the metal
identification marking plate attached to
the MEGC upon successful completion
of all requirements of this subpart. Any
approvals by the Associate
Administrator authorizing design or
construction alternatives (Alternate
Arrangements) of the MEGC (see
paragraph (a) of this section) must be
indicated on the metal identification
plate as specified in § 178.75(j).
(5) Prepare an approval certificate for
each MEGC or, in the case of a series of
identical MEGCs manufactured to a
single design type, for each series of
MEGCs. The approval certificate must
include all of the following information:
(i) The information displayed on the
metal identification plate required by
§ 178.75(j);
(ii) The results of the applicable
framework test specified in ISO 1496–3
(IBR, see § 171.7 of this subchapter);
(iii) The results of the initial
inspection and test specified in
paragraph (h) of this section;
(iv) The results of the impact test
specified in § 178.75(i)(4);
(v) Certification documents verifying
that the cylinders and tubes conform to
the applicable standards; and
(vi) A statement that the approval
agency certifies the MEGC in
accordance with the procedures in this
section and that the MEGC is suitable
for its intended purpose and meets the
requirements of this subchapter. When
a series of MEGCs is manufactured
without change in the design type, the
certificate may be valid for the entire
series of MEGCs representing a single
design type. The approval number must
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consist of the distinguishing sign or
mark of the country (‘‘USA’’ for the
United States of America) where the
approval was granted and a registration
number.
(6) Retain on file a copy of each
approval certificate for at least 20 years.
(d) Manufacturers’ responsibilities.
The manufacturer is responsible for
compliance with the applicable
specifications for the design and
construction of MEGCs. The
manufacturer of a MEGC must:
(1) Comply with all the requirements
of the applicable ISO standard specified
in § 178.71;
(2) Obtain and use an approval agency
to review the design, construction and
certification of the MEGC;
(3) Provide a statement in the
manufacturers’ data report certifying
that each MEGC manufactured complies
with the relevant specification and all
the applicable requirements of this
subchapter; and
(4) Retain records for the MEGCs for
at least 20 years. When required by the
specification, the manufacturer must
provide copies of the records to the
approval agency, the owner or lessee of
the MEGC, and to a representative of
DOT, upon request.
(e) Denial of application for approval.
If the Associate Administrator finds that
the MEGC will not be approved for any
reason, the Associate Administrator will
notify the applicant in writing and
provide the reason for the denial. The
manufacturer may request that the
Associate Administrator reconsider the
decision. The application request
must—
(1) Be written in English and filed
within 90 days of receipt of the
decision;
(2) State in detail any alleged errors of
fact and law; and
(3) Enclose any additional
information needed to support the
request to reconsider.
(f) Appeal. (1) A manufacturer whose
reconsideration request is denied may
appeal to the PHMSA Administrator.
The appeal must—
(i) Be in writing and filed within 90
days of receipt of the Associate
Administrator s decision on
reconsideration;
(ii) State in detail any alleged errors
of fact and law;
(iii) Enclose any additional
information needed to support the
appeal; and
(iv) State in detail the modification of
the final decision sought.
(2) The Administrator will grant or
deny the relief and inform the appellant
in writing of the decision. The
Administrator’s decision is the final
administrative action.
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(g) Modifications to approved MEGCs.
(1) Prior to modification of any
approved MEGC that may affect
conformance and safe use, and that may
involve a change to the design type or
affect its ability to retain the hazardous
material in transportation, the MEGC’s
owner must inform the approval agency
that prepared the initial approval
certificate for the MEGC or, if the initial
approval agency is unavailable, another
approval agency, of the nature of the
modification and request certification of
the modification. The owner must
supply the approval agency with all
revised drawings, calculations, and test
data relative to the intended
modification. The MEGC’s owner must
also provide a statement as to whether
the intended modification has been
examined and determined to be
unacceptable by any approval agency.
The written statement must include the
name of the approval agency, the reason
for non-acceptance, and the nature of
changes made to the modification since
its original rejection.
(2) The approval agency must review
the request for modification. If the
approval agency determines that the
proposed modification does not
conform to the relevant specification,
the approval agency must reject the
request in accordance with paragraph
(d) of this section. If the approval
agency determines that the proposed
modification conforms fully with the
relevant specification, the request is
accepted. If modification to an approved
MEGC alters any information on the
approval certificate, the approval agency
must prepare a new approval certificate
for the modified MEGC and submit the
certificate to the Associate
Administrator for approval. After
receiving approval from the Associate
Administrator, the approval agency
must ensure that any necessary changes
are made to the metal identification
plate. A copy of each newly issued
approval certificate must be retained by
the approval agency and the MEGC’s
owner for at least 20 years. The approval
agency must perform the following
activities:
(i) Retain a set of the approved revised
drawings, calculations, and data as
specified in § 178.69(b)(4) for at least 20
years;
(ii) Ensure through appropriate
inspection that all modifications
conform to the revised drawings,
calculations, and test data; and
(iii) Determine the extent to which
retesting of the modified MEGC is
necessary based on the nature of the
proposed modification, and ensure that
all required retests are satisfactorily
performed.
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(h) Termination of Approval
Certificate. (1) The Associate
Administrator may terminate an
approval issued under this section if he
or she determines that—
(i) Because of a change in
circumstances, the approval no longer is
needed or no longer would be granted
if applied for;
(ii) Information upon which the
approval was based is fraudulent or
substantially erroneous;
(iii) Termination of the approval is
necessary to adequately protect against
risks to life and property; or
(iv) The MEGC does not meet the
specification.
(2) Before an approval is terminated,
the Associate Administrator will
provide the person—
(i) Written notice of the facts or
conduct believed to warrant the
termination;
(ii) An opportunity to submit oral and
written evidence; and
(3) An opportunity to demonstrate or
achieve compliance with the applicable
requirements.
(i) Imminent Danger. If the Associate
Administrator determines that a
certificate of approval must be
terminated to preclude a significant and
imminent adverse effect on public
safety, the Associate Administrator may
terminate the certificate immediately. In
such circumstances, the opportunities of
paragraphs (h)(2) and (3) of this section
need not be provided prior to
termination of the approval, but must be
provided as soon as practicable
thereafter.
I 42. Section 178.75 is added to read as
follows:
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§ 178.75
Specifications for MEGCs.
(a) General. Each MEGC must meet
the requirements of this section. In a
MEGC that meets the definition of a
‘‘container’’ within the terms of the
International Convention for Safe
Containers (CSC) must meet the
requirements of the CSC as amended
and 49 CFR parts 450 through 453, and
must have a CSC approval plate.
(b) Alternate Arrangements. The
technical requirements applicable to
MEGCs may be varied when the level of
safety is determined to be equivalent to
or exceed the requirements of this
subchapter. Such an alternate
arrangement must be approved in
writing by the Associate Administrator.
MEGCs approved to an Alternate
Arrangement must be marked as
required by paragraph (j) of this section.
(c) Definitions. The following
definitions apply:
Leakproofness test means a test using
gas subjecting the pressure receptacles
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and the service equipment of the MEGC
to an effective internal pressure of not
less than 20% of the test pressure.
Manifold means an assembly of
piping and valves connecting the filling
and/or discharge openings of the
pressure receptacles.
Maximum permissible gross mass or
MPGM means the heaviest load
authorized for transport (sum of the tare
mass of the MEGC, service equipment
and pressure receptacle).
Service equipment means manifold
system (measuring instruments, piping
and safety devices).
Shut-off valve means a valve that
stops the flow of gas.
Structural equipment means the
reinforcing, fastening, protective and
stabilizing members external to the
pressure receptacles.
(d) General design and construction
requirements. (1) The MEGC must be
capable of being loaded and discharged
without the removal of its structural
equipment. It must possess stabilizing
members external to the pressure
receptacles to provide structural
integrity for handling and transport.
MEGCs must be designed and
constructed with supports to provide a
secure base during transport and with
lifting and tie-down attachments that
are adequate for lifting the MEGC
including when loaded to its maximum
permissible gross mass. The MEGC must
be designed to be loaded onto a
transport vehicle or vessel and equipped
with skids, mountings or accessories to
facilitate mechanical handling.
(2) MEGCs must be designed,
manufactured and equipped to
withstand, without loss of contents, all
normal handling and transportation
conditions. The design must take into
account the effects of dynamic loading
and fatigue.
(3) Each pressure receptacle of a
MEGC must be of the same design type,
seamless steel, and constructed and
tested according to one of the following
ISO standards:
(i) ISO 9809–1: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
1: Quenched and tempered steel
cylinders with tensile strength less than
1 100 MPa. (IBR, see § 171.7 of this
subchapter);
(ii) ISO 9809–2: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
2: Quenched and tempered steel
cylinders with tensile strength greater
than or equal to 1 100 MPa. (IBR, see
§ 171.7 of this subchapter);
(iii) ISO 9809–3: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
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3: Normalized steel cylinders. (IBR, see
§ 171.7 of this subchapter); or
(iv) ISO 11120: Gas cylinders—
Refillable seamless steel tubes of water
capacity between 150 L and 3000 L—
Design, construction and testing. (IBR,
see § 171.7 of this subchapter).
(4) Pressure receptacles of MEGCs,
fittings, and pipework must be
constructed of a material that is
compatible with the hazardous
materials intended to be transported, as
specified in this subchapter.
(5) Contact between dissimilar metals
that could result in damage by galvanic
action must be prevented by appropriate
means.
(6) The materials of the MEGC,
including any devices, gaskets, and
accessories, must have no adverse effect
on the gases intended for transport in
the MEGC.
(7) MEGCs must be designed to
withstand, without loss of contents, at
least the internal pressure due to the
contents, and the static, dynamic and
thermal loads during normal conditions
of handling and transport. The design
must take into account the effects of
fatigue, caused by repeated application
of these loads through the expected life
of the MEGC.
(8) MEGCs and their fastenings must,
under the maximum permissible load,
be capable of withstanding the
following separately applied static
forces (for calculation purposes,
acceleration due to gravity (g) = 9.81 m/
s2):
(i) In the direction of travel: 2g (twice
the MPGM multiplied by the
acceleration due to gravity);
(ii) Horizontally at right angles to the
direction of travel: 1g (the MPGM
multiplied by the acceleration due to
gravity. When the direction of travel is
not clearly determined, the forces must
be equal to twice the MPGM);
(iii) Vertically upwards: 1g (the
MPGM multiplied by the acceleration
due to gravity); and
(iv) Vertically downwards: 2g (twice
the MPGM (total loading including the
effect of gravity) multiplied by the
acceleration due to gravity.
(9) Under each of the forces specified
in paragraph (d)(8) of this section, the
stress at the most severely stressed point
of the pressure receptacles must not
exceed the values given in the
applicable design specifications (e.g.,
ISO 11120).
(10) Under each of the forces specified
in paragraph (d)(8) of this section, the
safety factor for the framework and
fastenings must be as follows:
(i) For steels having a clearly defined
yield point, a safety factor of 1.5 in
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relation to the guaranteed yield strength;
or
(ii) For steels with no clearly defined
yield point, a safety factor of 1.5 in
relation to the guaranteed 0.2 percent
proof strength and, for austenitic steels,
the 1 percent proof strength.
(11) MEGCs must be capable of being
electrically grounded to prevent
electrostatic discharge when intended
for flammable gases.
(12) The pressure receptacles of a
MEGC must be secured in a manner to
prevent movement that could result in
damage to the structure and
concentration of harmful localized
stresses.
(e) Service equipment. (1) Service
equipment must be arranged so that it
is protected from mechanical damage by
external forces during handling and
transportation. When the connections
between the frame and the pressure
receptacles allow relative movement
between the subassemblies, the
equipment must be fastened to allow
movement to prevent damage to any
working part. The manifolds, discharge
fittings (pipe sockets, shut-off devices),
and shut-off valves must be protected
from damage by external forces.
Manifold piping leading to shut-off
valves must be sufficiently flexible to
protect the valves and the piping from
shearing, or releasing the pressure
receptacle contents. The filling and
discharge devices, including flanges or
threaded plugs, and any protective caps
must be capable of being secured against
unintended opening.
(2) Each pressure receptacle intended
for the transport of Division 2.3 gases
must be equipped with an individual
shut-off valve. The manifold for
Division 2.3 liquefied gases must be
designed so that each pressure
receptacle can be filled separately and
be kept isolated by a valve capable of
being closed during transit. For Division
2.1 gases, the pressure receptacles must
be isolated by an individual shut-off
valve into assemblies of not more than
3,000 L.
(3) For MEGC filling and discharge
openings:
(i) Two valves in series must be
placed in an accessible position on each
discharge and filling pipe. One of the
valves may be a backflow prevention
valve. (ii) The filling and discharge
devices may be equipped to a manifold.
(iii) For sections of piping which can
be closed at both ends and where a
liquid product can be trapped, a
pressure-relief valve must be provided
to prevent excessive pressure build-up.
(iv) The main isolation valves on a
MEGC must be clearly marked to
indicate their directions of closure. All
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shutoff valves must close by a clockwise
motion of the handwheel.
(v) Each shut-off valve or other means
of closure must be designed and
constructed to withstand a pressure
equal to or greater than 1.5 times the test
pressure of the MEGC.
(vi) All shut-off valves with screwed
spindles must close by a clockwise
motion of the handwheel. For other
shut-off valves, the open and closed
positions and the direction of closure
must be clearly shown.
(vii) All shut-off valves must be
designed and positioned to prevent
unintentional opening.
(viii) Ductile metals must be used in
the construction of valves or
accessories.
(4) The piping must be designed,
constructed and installed to avoid
damage due to expansion and
contraction, mechanical shock and
vibration. Joints in tubing must be
brazed or have an equally strong metal
union. The melting point of brazing
materials must be no lower than 525 °C
(977 °F). The rated pressure of the
service equipment and of the manifold
must be not less than two-thirds of the
test pressure of the pressure receptacles.
(f) Pressure relief devices. Each
pressure receptacle must be equipped
with one or more pressure relief devices
as specified in § 173.301(f) of this
subchapter. When pressure relief
devices are installed, each pressure
receptacle or group of pressure
receptacles of a MEGC that can be
isolated must be equipped with one or
more pressure relief devices. Pressure
relief devices must be of a type that will
resist dynamic forces including liquid
surge and must be designed to prevent
the entry of foreign matter, the leakage
of gas and the development of any
dangerous excess pressure.
(1) The size of the pressure relief
devices: CGA S–1.1, 2003 edition (IBR,
see § 171.7 of this subchapter) must be
used to determine the relief capacity of
individual pressure receptacles.
(2) Connections to pressure-relief
devices: Connections to pressure relief
devices must be of sufficient size to
enable the required discharge to pass
unrestricted to the pressure relief
device. A shut-off valve installed
between the pressure receptacle and the
pressure relief device is prohibited,
except where duplicate devices are
provided for maintenance or other
reasons, and the shut-off valves serving
the devices actually in use are locked
open, or the shut-off valves are
interlocked so that at least one of the
duplicate devices is always operable
and capable of meeting the requirements
of paragraph (f)(1) of this section. No
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obstruction is permitted in an opening
leading to or leaving from a vent or
pressure-relief device that might restrict
or cut-off the flow from the pressure
receptacle to that device. The opening
through all piping and fittings must
have at least the same flow area as the
inlet of the pressure relief device to
which it is connected. The nominal size
of the discharge piping must be at least
as large as that of the pressure relief
device.
(3) Location of pressure-relief devices:
For liquefied gases, each pressure relief
device must, under maximum filling
conditions, be in communication with
the vapor space of the pressure
receptacles. The devices, when
installed, must be arranged to ensure the
escaping vapor is discharged upwards
and unrestrictedly to prevent
impingement of escaping gas or liquid
upon the MEGC, its pressure receptacles
or personnel. For flammable, pyrophoric
and oxidizing gases, the escaping gas
must be directed away from the pressure
receptacle in such a manner that it
cannot impinge upon the other pressure
receptacles. Heat resistant protective
devices that deflect the flow of gas are
permissible provided the required
pressure relief device capacity is not
reduced. Arrangements must be made to
prevent access to the pressure relief
devices by unauthorized persons and to
protect the devices from damage caused
by rollover.
(g) Gauging devices. When a MEGC is
intended to be filled by mass, it must be
equipped with one or more gauging
devices. Glass level-gauges and gauges
made of other fragile material are
prohibited.
(h) MEGC supports, frameworks,
lifting and tie-down attachments. (1)
MEGCs must be designed and
constructed with a support structure to
provide a secure base during transport.
MEGCs must be protected against
damage to the pressure receptacles and
service equipment resulting from lateral
and longitudinal impact and
overturning. The forces specified in
paragraph (d)(8) of this section, and the
safety factor specified in paragraph
(d)(10) of this section must be
considered in this aspect of the design.
Skids, frameworks, cradles or other
similar structures are acceptable. If the
pressure receptacles and service
equipment are so constructed as to
withstand impact and overturning,
additional protective support structure
is not required (see paragraph (h)(4) of
this section).
(2) The combined stresses caused by
pressure receptacle mountings (e.g.
cradles, frameworks, etc.) and MEGC
lifting and tie-down attachments must
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not cause excessive stress in any
pressure receptacle. Permanent lifting
and tie-down attachments must be
equipped to all MEGCs. Any welding of
mountings or attachments onto the
pressure receptacles is prohibited.
(3) The effects of environmental
corrosion must be taken into account in
the design of supports and frameworks.
(4) When MEGCs are not protected
during transport as specified in
paragraph (h)(1) of this section, the
pressure receptacles and service
equipment must be protected against
damage resulting from lateral or
longitudinal impact or overturning.
External fittings must be protected
against release of the pressure
receptacles’ contents upon impact or
overturning of the MEGC on its fittings.
Particular attention must be paid to the
protection of the manifold. Examples of
protection include:
(i) Protection against lateral impact,
which may consist of longitudinal bars;
(ii) Protection against overturning,
which may consist of reinforcement
rings or bars fixed across the frame;
(iii) Protection against rear impact,
which may consist of a bumper or
frame;
(iv) Protection of the pressure
receptacles and service equipment
against damage from impact or
overturning by use of an ISO frame
according to the relevant provisions of
ISO 1496–3. (IBR, see § 171.7 of this
subchapter).
(i) Initial inspection and test. The
pressure receptacles and items of
equipment of each MEGC must be
inspected and tested before being put
into service for the first time (initial
inspection and test). This initial
inspection and test of an MEGC must
include the following:
(1) A check of the design
characteristics.
(2) An external examination of the
MEGC and its fittings, taking into
account the hazardous materials to be
transported.
(3) A pressure test performed at the
test pressures specified in
§ 173.304b(b)(1) and (2) of this
subchapter. The pressure test of the
manifold may be performed as a
hydraulic test or by using another liquid
or gas. A leakproofness test and a test of
the satisfactory operation of all service
equipment must also be performed
before the MEGC is placed into service.
When the pressure receptacles and their
fittings have been pressure-tested
separately, they must be subjected to a
leakproof test after assembly.
(4) An MEGC that meets the definition
of ‘‘container’’ in the CSC (see 49 CFR
450.3(a)(2)) must be subjected to an
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impact test using a prototype
representing each design type. The
prototype MEGC must be shown to be
capable of absorbing the forces resulting
from an impact not less than 4 times (4
g) the MPGM of the fully loaded MEGC,
at a duration typical of the mechanical
shocks experienced in rail transport. A
listing of acceptable methods for
performing the impact test is provided
in the UN Recommendations (IBR, see
§ 171.7 of this subchapter).
(j) Marking. (1) Each MEGC must be
equipped with a corrosion resistant
metal plate permanently attached to the
MEGC in a conspicuous place readily
accessible for inspection. The pressure
receptacles must be marked according to
this section. Affixing the metal plate to
a pressure receptacle is prohibited. At a
minimum, the following information
must be marked on the plate by
stamping or by any other equivalent
method:
Country of manufacture
UN
Name of the operator
Maximum permissible load mass lll
kg
Working pressure at 15°C: lll bar
gauge
Maximum permissible gross mass
(MPGM) lll kg
Unladen (tare) mass lll kg
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
43. The authority citation for part 180
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
44. Section 180.201 is revised to read
as follows:
I
§ 180.201
§ 180.203
Approval Country
Approval Number
Alternate Arrangements (see § 178.75(b))
MEGC Manufacturer’s name or mark
MEGC’s serial number
Approval agency (Authorized body for
the design approval)
Year of manufacture
Test pressure: lll bar gauge
Design temperature range lll °C to
lll °C
Number of pressure receptacles lll
Total water capacity lll liters
Initial pressure test date and
identification of the Approval Agency
Date and type of most recent periodic
tests
Year lll Monthlll Type lll
(e.g. 2004–05, AE/UE, where ‘‘AE’’
represents acoustic emission and ‘‘UE’’
represents ultrasonic examination)
Stamp of the approval agency who
performed or witnessed the most recent
test
(2) The following information must be
marked on a metal plate firmly secured
to the MEGC:
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Applicability.
This subpart prescribes requirements,
in addition to those contained in parts
107, 171, 172, 173, and 178 of this
chapter, for the continuing qualification,
maintenance, or periodic requalification
of DOT specification and exemption
cylinders and UN pressure receptacles.
I 45. In § 180.203, the introductory
paragraph is revised to read as follows:
Definitions.
As used in this section, the word
‘‘cylinder’’ includes UN pressure
receptacles. In addition to the
definitions contained in § 171.8 of this
subchapter, the following definitions
apply to this subpart:
*
*
*
*
*
I 46. In § 180.205, the section heading
is revised to read as set forth below:
§ 180.205 General requirements for
requalification of specification cylinders.
*
*
*
*
*
47. Section 180.207 is added to read
as follows:
I
§ 180.207 Requirements for requalification
of UN pressure receptacles.
(a) General. (1) Each UN pressure
receptacle used for the transportation of
hazardous materials must conform to
the requirements prescribed in
paragraphs (a), (b) and (d) in § 180.205.
(2) No pressure receptacle due for
requalification may be filled with a
hazardous material and offered for
transportation in commerce unless that
pressure receptacle has been
successfully requalified and marked in
accordance with this subpart. A
pressure receptacle may be requalified
at any time during or before the month
and year that the requalification is due.
However, a pressure receptacle filled
before the requalification becomes due
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may remain in service until it is
emptied.
(3) No person may requalify a UN
composite pressure receptacle for
continued use beyond its 15-years
authorized service life. A pressure
receptacle with a specified service life
may not be refilled and offered for
transportation after its authorized
service life has expired unless approval
has been obtained in writing from the
Associate Administrator.
(b) Periodic requalification of UN
pressure receptacles. (1) Each pressure
receptacle that is successfully
requalified in accordance with the
requirements specified in this section
must be marked in accordance with
§ 180.213. The requalification results
must be recorded in accordance
§ 180.215.
33895
(2) Each pressure receptacle that fails
requalification must be rejected or
condemned in accordance with the
applicable ISO requalification standard.
(c) Requalification interval. Each UN
pressure receptacle that becomes due for
periodic requalification must be
requalified at the interval specified in
the following table:
TABLE 1.—REQUALIFICATION INTERVALS OF UN PRESSURE RECEPTACLES
Interval
(years)
UN pressure receptacles/hazardous materials
10 .............
Pressure receptacles for all hazardous materials except as noted below (also for dissolved acetylene, see paragraph (d)(3) of this
section):
Composite pressure receptacles.
Pressure receptacles used for:
All Division 2.3 materials.
UN1013, Carbon dioxide.
UN1043, Fertilizer ammoniating solution with free ammonia.
UN1051, Hydrogen cyanide, stabilized containing less than 3% water.
UN1052, Hydrogen fluoride, anhydrous.
UN1745, Bromine pentafluoride.
UN1746, Bromine trifluoride.
UN2073, Ammonia solution.
UN2495, Iodine pentafluoride.
UN2983, Ethylene Oxide and Propylene oxide mixture, not more than 30% ethylene oxide.
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5 ...............
5 ...............
(d) Requalification procedures. Each
UN pressure receptacle that becomes
due for requalification must be
requalified at the interval prescribed in
paragraph (c) of this section and in
accordance with the procedures
contained in the following standard, as
applicable. When a pressure test is
performed on a UN pressure receptacle,
the test must be a water jacket
volumetric expansion test suitable for
the determination of the cylinder
expansion or a hydraulic proof pressure
test. The test equipment must be
calibrated daily in accordance with
§ 180.205(g). An alternative method (e.g.
acoustic emission) may be performed if
prior approval has been obtained in
writing from the Associate
Administrator.
(1) Seamless steel: Each seamless steel
UN pressure receptacle, including
MEGC’s pressure receptacles, must be
requalified in accordance with ISO 6406
(IBR, see § 171.7 of this subchapter), or
in accordance with requalification
procedures approved by the Associate
Administrator.
(2) Seamless UN aluminum: Each
seamless aluminum UN pressure
receptacle must be requalified in
accordance with ISO 10461 (IBR, see
§ 171.7 of this subchapter).
(3) Dissolved acetylene UN cylinders:
Each dissolved acetylene cylinder must
be requalified in accordance with ISO
10462 (IBR, see § 171.7 of this
VerDate Aug<31>2005
20:37 Jun 09, 2006
Jkt 208001
subchapter). The porous mass and the
shell must be requalified no sooner than
3 years, 6 months, from the date of
manufacture. Thereafter, subsequent
requalifications of the porous mass and
shell must be performed at least once
every ten years.
(4) Composite UN cylinders: Each
composite cylinder must be inspected
and tested in accordance with ISO
11623 (IBR, see § 171.7 of this
subchapter).
I 48. Section 180.212 is revised to read
as follows:
§ 180.212 Repair of seamless DOT 3-series
specification cylinders and seamless UN
pressure receptacles.
(a) General requirements for repair of
DOT 3-series cylinders and UN pressure
receptacles. (1) No person may repair a
DOT 3-series cylinder or a seamless UN
pressure receptacle unless—
(i) The repair facility holds an
approval issued under the provisions in
§ 107.805 of this subchapter; and
(ii) Except as provided in paragraph
(b) of this section, the repair and the
inspection is performed under the
provisions of an approval issued under
subpart H of Part 107 of this subchapter
and conform to the applicable cylinder
specification or ISO standard contained
in part 178 of this subchapter.
(2) The person performing the repair
must prepare a report containing, at a
minimum, the results prescribed in
§ 180.215.
PO 00000
Frm 00039
Fmt 4701
Sfmt 4700
(b) Repairs not requiring prior
approval. Approval is not required for
the following specific repairs:
(1) The removal and replacement of a
neck ring or foot ring on a DOT 3A, 3AA
or 3B cylinder or a UN pressure
receptacle that does not affect a pressure
part of the cylinder when the repair is
performed by a repair facility or a
cylinder manufacturer of these types of
cylinders. The repair may be made by
welding or brazing in conformance with
the original specification. After removal
and before replacement, the cylinder
must be visually inspected and any
defective cylinder must be rejected. The
heat treatment, testing and inspection of
the repair must be performed under the
supervision of an inspector and must be
performed in accordance with the
original specification.
(2) External re-threading of DOT 3AX,
3AAX or 3T specification cylinders or a
UN pressure receptacle mounted in a
MEGC; or the internal re-threading of a
DOT–3 series cylinder or a seamless UN
pressure receptacle when performed by
the original manufacturer of the
cylinder. The repair work must be
performed under the supervision of an
independent inspection agency. Upon
completion of the re-threading, the
threads must be gauged in accordance
with Federal Standard H–28 or an
equivalent standard containing the same
specification limits. The re-threaded
cylinder must be stamped clearly and
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
legibly with the words ‘‘RETHREAD’’ on
the shoulder, top head, or neck. No DOT
specification cylinder or UN cylinder
may be re-threaded more than one time
without approval of the Associate
Administrator.
I 49. In § 180.213, paragraphs (a), (f)(1),
and (f)(7) are revised, and paragraphs
(c)(3) and (f)(8) are added, to read as
follows:
§ 180.213
Requalification markings.
jlentini on PROD1PC65 with RULES2
(a) General. Each cylinder or UN
pressure receptacle requalified in
accordance with this subpart with
acceptable results must be marked as
specified in this section. Required
specification markings may not be
altered or removed.
*
*
*
*
*
(c) * * *
(3) For a composite cylinder, the
requalification markings must be
applied on a pressure sensitive label,
securely affixed in a manner prescribed
by the cylinder manufacturer, near the
original manufacturer’s label. Stamping
of the composite surface is not
authorized.
*
*
*
*
*
(f) * * *
(1) For designation of the 5-year
volumetric expansion test, 10-year
volumetric expansion test for UN
cylinders and cylinders conforming to
§ 180.209(f) and (h), or 12-year
volumetric expansion test for fire
extinguishers conforming to
§ 173.309(b) of this subchapter and
cylinders conforming to § 180.209(e)
and 180.209(g), the marking is as
illustrated in paragraph (d) of this
section.
*
*
*
*
*
(7) For designation of DOT 8 series
and UN cylinder shell and porous filler
requalification, the marking is as
illustrated in paragraph (d) of this
section, except that the ‘‘X’’ is replaced
with the letters ‘‘FS.’’
(8) For designation of a
nondestructive examination combined
with a visual inspection, the marking is
as illustrated in paragraph (d) of this
section, except that the ‘‘X’’ is replaced
with the type of test performed, for
example the letters ‘‘AE’’ for acoustic
emission or ‘‘UE’’ for ultrasonic
examination.
I 50. Section 180.217 is added to read
as follows:
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20:37 Jun 09, 2006
Jkt 208001
§ 180.217
MEGCs.
Requalification requirements for
(a) Periodic inspections. Each MEGC
must be given an initial visual
inspection and test in accordance with
§ 178.75(i) of this subchapter before
being put into service for the first time.
After the initial inspection, a MEGC
must be inspected at least once every
five years.
(1) The 5-year periodic inspection
must include an external examination of
the structure, the pressure receptacles
and the service equipment, as follows:
(i) The pressure receptacles are
inspected externally for pitting,
corrosion, abrasions, dents, distortions,
defects in welds or any other
conditions, including leakage, that
might render the MEGC unsafe for
transport.
(ii) The piping, valves, and gaskets are
inspected for corroded areas, defects,
and other conditions, including leakage,
that might render the MEGC unsafe for
filling, discharge or transport.
(iii) Missing or loose bolts or nuts on
any flanged connection or blank flange
are replaced or tightened.
(iv) All emergency devices and valves
are free from corrosion, distortion and
any damage or defect that could prevent
their normal operation. Remote closure
devices and self-closing stop valves
must be operated to demonstrate proper
operation.
(v) Required markings on the MEGC
are legible in accordance with the
applicable requirements.
(vi) The framework, the supports and
the arrangements for lifting the MEGC
are in satisfactory condition.
(2) The MEGC’s pressure receptacles
and piping must be periodically
requalified as prescribed in § 180.207(c),
at the interval specified in Table 1 in
§ 180.207.
(b) Exceptional inspection and test. If
a MEGC shows evidence of damaged or
corroded areas, leakage, or other
conditions that indicate a deficiency
that could affect the integrity of the
MEGC, an exceptional inspection and
test must be performed, regardless of the
last periodic inspection and test. The
extent of the exceptional inspection and
test will depend on the amount of
damage or deterioration of the MEGC.
As a minimum, an exceptional
inspection of a MEGC must include
inspection as specified in paragraph
(a)(1) of this section.
(c) Correction of unsafe condition.
When evidence of any unsafe condition
PO 00000
Frm 00040
Fmt 4701
Sfmt 4700
is discovered, the MEGC may not be
returned to service until the unsafe
condition has been corrected and the
MEGC has been requalified in
accordance with the applicable tests and
inspection.
(d) Repairs and modifications to
MEGCs. No person may perform a
modification to an approved MEGC that
may affect conformance to the
applicable ISO standard or safe use, and
that involve a change to the design type
or affect its ability to retain the
hazardous material in transportation.
Before making any modification changes
to an approved MEGC, the owner must
obtain approval from the Associate
Administrator as prescribed in § 178.74
of this subchapter. The repair of a
MEGC’s structural equipment is
authorized provided such repairs are
made in accordance with the
requirements prescribed for its
approved design and construction. Any
repair to the pressure receptacles of a
MEGC must meet the requirements of
§ 180.212.
(e) Requalification markings. Each
MEGC must be durably and legibly
marked in English, with the year and
month, and the type of the most recent
periodic requalification performed (e.g.,
2004–05 AE/UE, where ‘‘AE’’ represents
acoustic emission and ‘‘UE’’ represents
ultrasonic examination) followed by the
stamp of the approval agency who
performed or witnessed the most recent
test.
(f) Records. The owner of each MEGC
or the owner’s authorized agent must
retain a written record of the date and
results of all repairs and required
inspections and tests. The report must
contain the name and address of the
person performing the inspection or
test. The periodic test and inspection
records must be retained until the next
inspection or test is completed. Repair
records and the initial exceptional
inspection and test records must be
retained during the period the MEGC is
in service and for one year thereafter.
These records must be made available
for inspection by a representative of the
Department on request.
Issued in Washington, DC on May 30,
2006, under authority delegated in 49 CFR
part 1.
Brigham A. McCown,
Acting Administrator.
[FR Doc. 06–5182 Filed 6–9–06; 8:45 am]
BILLING CODE 4910–60–P
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]]>Agencies
[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Rules and Regulations]
[Pages 33858-33896]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5182]
[[Page 33857]]
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Part III
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 107, 171, et al.
Hazardous Materials: Requirements for UN Cylinders; Final Rule
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules
and Regulations
[[Page 33858]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 178, and 180
[Docket No. PHMSA-2005-17463 (HM-220E)]
RIN 2137-AD91
Hazardous Materials: Requirements for UN Cylinders
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this final rule, PHMSA is amending the Hazardous Materials
Regulations (HMR) to adopt standards for the design, construction,
maintenance and use of cylinders and multiple-element gas containers
based on the standards contained in the United Nations Recommendations
on the Transport of Dangerous Goods. Aligning the HMR with the
international standards promotes greater flexibility, permits the use
of advanced technology for the manufacture of pressure receptacles,
provides for a broader selection of pressure receptacles, reduces the
need for special permits, and facilitates international commerce in the
transportation of compressed gases without sacrificing the current
level of safety and without imposing undue burdens on the regulated
community.
DATES: Effective Date: This final rule is effective on September 11,
2006.
Voluntary Compliance Date: Compliance with the requirements adopted
herein is authorized as of June 12, 2006. However, persons voluntarily
complying with these regulations should be aware that appeals may be
received and as a result of PHMSA's evaluation of these appeals, the
amendments adopted in this final rule could be subject to further
revision.
Incorporation by Reference Date: The incorporation by reference of
publications listed in this final rule has been approved by the
Director of the Federal Register as of September 11, 2006.
FOR FURTHER INFORMATION CONTACT: Duane Pfund, telephone number (202)
366-0656, Assistant International Standards Coordinator; Mark Toughiry,
telephone number (202) 366-4545, Office of Hazardous Materials
Technology; or Kevin Leary and Cameron Satterthwaite, telephone number
(202) 366-8553, Office of Hazardous Materials Standards, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
List of Topics
I. Background
II. Overview of Changes in This Final Rule
III. Summary of Comments
A. Approval of Independent Inspection Agencies (IIAs; Notified
Bodies) and Certification of UN Pressure Receptacles
B. Approval of UN Pressure Receptacle Manufacturers
IV. Summary of Regulatory Changes by Section
V. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act and Executive Order 13272
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Regulation Identifier Number (RIN)
I. Environmental Assessment
J. Privacy Act
I. Background
The United Nations Recommendations on the Transport of Dangerous
Goods (UN Model Regulations) establish international standards for the
safe transportation of hazardous materials. The UN Model Regulations
are not regulations, but rather recommendations issued by the UN Sub-
Committee of Experts on the Transport of Dangerous Goods (UN Sub-
Committee of Experts). These recommendations are amended and updated
biennially by the UN Sub-Committee of Experts. The UN Model Regulations
serve as the basis for national, regional, and international modal
regulations, including the International Maritime Dangerous Goods
(IMDG) Code issued by the International Maritime Organization, and the
International Civil Aviation Organization's Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions) issued by ICAO. The HMR authorize domestic transportation
of hazardous materials shipments prepared in accordance with the IMDG
Code if all or part of the transportation is by vessel, subject to
certain conditions and limitations, and the transportation of hazardous
materials shipments prepared in accordance with the ICAO Technical
Instructions for transportation by aircraft and by motor vehicle either
before or after being transported by aircraft.
Since 1999, the UN Sub-Committee of Experts has been working to
develop international standards for the design, construction,
inspection, and testing of cylinders and other pressure receptacles for
inclusion in the UN Model Regulations. Their objective was to develop
cylinder standards that are globally accepted for international
transportation, storage, and use. Representatives from the European
Industrial Gases Association, the Compressed Gas Association, the
European Cylinder Makers Association, the International Standards
Organization Technical Committee 58 (ISO/TC 58), and cylinder experts
from DOT, participated in the UN Sub-Committee of Experts' efforts.
The standards developed for cylinders and other gas receptacles
address manufacture, approval, filling, and use. The cylinders and
other gas receptacles must be in compliance with ISO standards for
design, manufacture, and testing; constructed of materials that are
compatible with the gas to be contained in the cylinder, as established
in ISO standards; and periodically requalified according to ISO
standards. The standards were adopted by the UN Sub-Committee of
Experts and are included in the 13th revised edition of the UN Model
Regulations. Cylinders manufactured in accordance with these
requirements are marked with the internationally recognized UN mark,
which is an indication that the cylinders meet the applicable
standards.
The continually increasing amount of hazardous materials
transported in international commerce warrants the harmonization of
domestic and international requirements to the greatest extent
possible. Harmonization serves to facilitate international
transportation and at the same time ensures the safety of people,
property and the environment. While the intent of harmonization is to
align the HMR with international standards, we review and consider each
amendment on its own merit. Each amendment is considered on the basis
of the overall impact on transportation safety and the economic
implications associated with its adoption into the HMR. Our goal is to
harmonize without sacrificing the current level of safety and without
imposing undue burdens on the regulated community.
On March 9, 2005, the Pipeline and Hazardous Materials Safety
Administration (PHMSA, we) published a notice of proposed rulemaking
(NPRM) (70 FR 11768) proposing to adopt into the HMR the UN standards
for cylinders (pressure receptacles limited to a water capacity of 150
L),
[[Page 33859]]
tubes (pressure receptacles with a water capacity exceeding 150 L and
not more than 3,000 L capacity), cylinder bundles (cylinders held
together in a frame and manifolded together with up to a total water
capacity of 3,000 L or 1,000 L for toxic gases), and multiple element
gas containers or MEGCs (assemblies of UN cylinders, tubes or bundles
of cylinders interconnected by a manifold and assembled within a
framework). Our proposal did not remove existing requirements for DOT
specification cylinders; rather, we proposed to incorporate the UN
standards so that a shipper may use either a DOT specification cylinder
or a UN standard pressure receptacle, as appropriate, for individual
gases and circumstances. The goal of this rulemaking is to promote
greater flexibility and permit the use of advanced technology for the
manufacture of pressure receptacles, to provide for a broader selection
of pressure receptacles, to reduce the need for special permits, and to
facilitate international commerce in the transportation of compressed
gases without sacrificing the current level of safety and without
imposing undue burden on the regulated community.
DOT technical experts participated in evaluating the ISO standards
and the requirements of the UN Model Regulations applicable to pressure
receptacles. Based on this evaluation, we believe the amendments
adopted in this final rule will provide an equivalent level of safety
to that achieved under the HMR.
II. Overview of Changes in This Final Rule
This final rule amends the HMR to authorize:
Design, construction and testing of refillable seamless
aluminum alloy cylinders conforming to ISO 7866;
Design, construction and testing of refillable seamless
steel cylinders conforming to ISO 9809-1, ISO 9809-2, and ISO 9809-3;
Design, construction and testing of non-refillable
metallic cylinders conforming to ISO 11118;
Design, construction and testing of composite cylinders
conforming to ISO 11119-1, 11119-2 and 11119-3, with certain
limitations;
Design, construction and testing of refillable seamless
steel tubes with a water capacity between 150 L and 3,000 L conforming
to ISO 11120;
Design, construction and testing of UN acetylene cylinders
conforming to applicable ISO standards, except the cylinders must be
refillable, made of seamless steel, filled with a suitable quantity of
solvent (solvent-free not authorized) and fitted with suitable fusible
plugs;
Design, construction and testing of MEGCs;
Requalification of UN pressure receptacles, including
pressure receptacles installed as components of MEGCs;
A quality conformity assessment system for UN pressure
receptacles based on section 6.2.2.5 of the UN Model Regulations;
A 10-year requalification interval for UN pressure
receptacles, except for acetylene and composite cylinders and pressure
receptacles used for certain specifically named gases; and
Compliance with the UN pressure receptacle filling
densities prescribed in P200 of the UN Model Regulations and as
prescribed in Sec. 173.302b or Sec. 173.304b of this final rule.
III. Summary of Comments
PHMSA received eighteen comments in response to the March 9, 2005
NPRM from gas distributors, trade associations, cylinder manufacturers,
an independent inspection agency, and a consultant. The following
companies, organizations and individuals submitted comments: Air
Liquide Canada Inc. (Air Liquide Canada; RSPA-2004-17463-20), Air
Products and Chemicals (Air Products; RPSA-2004-17463-9), Arrowhead
Industrial Services, Inc. (Arrowhead; RSPA-2004-17463-12), Baker
Petrolite Corporation (Baker; RSPA-2004-17463-23), Barlen and
Associates Inc. (Barlen; RSPA-2004-17463-16, RSPA-2004-17463-17),
Carleton Aerosystems, Inc (Carleton; RSPA-2004-17463-19), Compressed
Gas Association (CGA; RSPA-2004-17463-13), Lincoln Composites Inc.
(Lincoln Composite; RSPA-2004-17463-4), Luxfer Gas Cylinders (Luxfer;
RSPA-2004-17463-14, RSPA-2004-17463-15), Matheson Tri-Gas (Matheson;
RSPA-2004-17463-8), National Propane Gas Association (NPGA; RSPA-2004-
17463-22), Norris Cylinder Company (Norris; RPSA-2004-17463-10),
Praxair, Inc. (Praxair; RSPA-2004-17463-21), Public Utilities
Commission of Ohio (PUCO; RSPA-2004-17463-7), Taylor-Wharton Harsco
(Taylor-Wharton; RSPA-2004-17463-6) and TLCCI Inc. (TLCCI; RSPA-2004-
17463-11).
Commenters were supportive of PHMSA's efforts to harmonize the HMR
with the international cylinder standards. Most of the proposals in the
NPRM received little or no comment. Several comments were beyond the
scope of the rulemaking and are not addressed in this final rule. The
majority of the comments relate to the approval process for independent
inspection agencies, UN pressure receptacles, and manufacturers of UN
pressure receptacles. These comments are discussed below.
A. Approval of Independent Inspection Agencies (IIAs; Notified Bodies)
and Certification of UN Pressure Receptacles
Current approval procedures: Current Sec. 107.803 contains
procedures and application criteria for a person seeking approval as an
IIA to perform inspections, verifications, and certifications of DOT
specification cylinders as prescribed in 49 CFR parts 178 and 180 and
special permit cylinders. These requirements apply to DOT specification
and special permit cylinders manufactured within or outside the United
States. An IIA applicant is required to submit the following
information: A detailed description of the testing facilities; a
description of the applicant's qualifications to perform the
inspections and verifications prescribed in part 178; ownership
information; the name of each individual responsible for certifying the
inspection and test results; and a statement that the applicant will
perform the prescribed functions independent of the cylinder
manufacturers and owners.
Under the current procedures for approval of foreign cylinder
manufacturers and IIAs, a cylinder manufacturer located outside the
United States must be approved by the Associate Administrator under
Sec. 107.807, and must employ an IIA approved under Sec. 107.803,
before any cylinders may be manufactured, inspected, certified, and
marked to a DOT specification or DOT special permit. An applicant under
these sections may be a person or a corporation.
Prior to scheduling an approval inspection, the manufacturer and
the IIA must each submit an application for approval and must jointly
or separately prepare a quality control manual, which demonstrates
production and inspection procedures based on the relevant cylinder
specification in 49 CFR part 178 and relates those procedures to the
specification for which approval is sought. The manufacturer must
produce a prototype lot of cylinders. The IIA applicant must conduct a
preliminary audit with design qualification testing to certify the
design for the prototype cylinders meets the applicable DOT
specification or special permit. The IIA applicant prepares
documentation indicating a current audit was performed with certified
test results showing the prototype cylinders comply
[[Page 33860]]
with the DOT specification or special permit.
The manufacturer submits the design application to the Associate
Administrator for approval. If all documents are found acceptable, the
applicant is notified regarding details of the required on-site
inspection to be conducted by a DOT representative. A DOT approval
inspection consists of witnessing and reviewing manufacturing,
inspection and test procedures of a designated cylinder lot produced to
the specification or special permit for which approval is sought. This
inspection includes, but is not limited to, the following: Reviewing
all controls; ensuring the traceability of raw material and partially
completed cylinders throughout production; verifying the chemical
analysis of each heat of material by witnessing a lab check analysis or
by obtaining certified check analysis of the samples taken from each
lot; observing the IIA performing the duties as required in Sec.
178.35(c) of 49 CFR and the applicable cylinder specification or
special permit; witnessing all inspections and tests required for newly
manufactured cylinders; and reviewing the test results.
During the inspection, sample cylinders are selected from the lot
for on-site testing. If the procedures and controls are acceptable, and
all test results obtained from the sample cylinders comply with the
specification or special permit requirements, an additional group of
cylinders is randomly selected from the same lot. The manufacturer must
ship these cylinders to a contract test lab in the United States for
verification testing. If the results of the verification testing comply
with the specification or special permit requirements and corroborate
test results obtained during the inspection, separate approvals are
issued to the manufacturer and the IIA to perform cylinder
certifications at this particular facility location of the
manufacturer.
Proposed revisions to cylinder approval procedures: In the NPRM, we
proposed to broaden the applicability of Sec. 107.803 to include UN
pressure receptacles. In paragraph (c)(8), we proposed to permit the
selection of a person whose principal place of business is in a country
other than the United States based on an approval issued by a foreign
Competent Authority. Also in paragraph (c)(8)(ii), we proposed to
require an IIA applicant to submit written evidence the foreign
Competent Authority provides similar authority to IIAs and
manufacturers of UN pressure receptacles in the United States with no
additional limitations that are not required of it own citizenry.
Arrowhead disagrees with the language in Sec. 107.803(c)(8),
stating the wording will allow the U.S. Competent Authority to delegate
approval responsibilities to a foreign national government without
specifying any globally recognized assessment standards and minimum
requirements, such as ISO 17020. Arrowhead suggests the U.S. Competent
Authority should consider establishing accreditation processes similar
to those presently used in Europe. For the reasons discussed below we
disagree with Arrowhead's position. ISO 17020, titled ``General
criteria for the operation of various types of bodies performing
inspection,'' contains general criteria for the qualification of third
party inspection bodies. This standard is intended for use by
inspection bodies and their accreditation bodies.
As adopted in this final rule, the Associate Administrator approves
all IIAs, both foreign and domestic. The Associate Administrator may
approve foreign IIAs on the basis of an on-site audit performed by a
U.S. DOT representative or an approval issued by the foreign Competent
Authority of the country of the manufacturer. In the latter situation,
the applicant must submit a copy of its Competent Authority approval
for the type of pressure receptacle for which a U.S. approval is being
sought. The Associate Administrator will review the certifying
documents from the foreign competent authority and other required
supporting application documents. The criteria for approving IIAs
incorporate many of the same principles for technical competence and
impartiality specified in ISO 17020. In addition, we may perform
competency assessments of the IIA in conjunction with manufacturing
audits. The Associate Administrator reserves the right to accept or
deny an applicant.
In the NPRM, we proposed to require each new UN pressure receptacle
design type to be approved by the Associate Administrator and marked
with the letters ``USA'' to identify the United States of America as
the country of approval. The USA marking is required on all UN pressure
receptacles manufactured within or being shipped to, from or within the
United States. Air Liquide Canada states we should accept UN pressure
receptacles as having an equivalent level of safety without regard to
the country of manufacture. We agree cylinders bearing a UN marking
must conform to the appropriate UN and ISO standards and should be
acceptable throughout the world. However, it is essential we maintain
oversight of IIAs and cylinder manufacturers to ensure the
accountability of persons who conduct cylinder inspections and
certifications. Without the benefit of appropriate compliance
oversight, there is no way to ensure a UN cylinder was manufactured and
tested to standards offering an equal or greater level of integrity as
provided by the standards contained in part 178. Therefore, in this
final rule we are adopting the proposal requiring a UN cylinder,
acceptable for import and use within the United States, to bear a
``USA'' mark to indicate it has been approved by the U.S. DOT. This
oversight and approval process is necessary to ensure a level of safety
is maintained for the cylinders as intended by the standards prescribed
in 6.2.2.5 of the UN Model Regulations and the HMR. A UN cylinder
without the ``USA'' marking may be transported in the United States in
accordance with the provisions prescribed in paragraph (k) or (l) of
Sec. 173.301, or under the terms of a DOT special permit.
The European Commission (EC) Member States require UN cylinders and
valves to be marked with a [pi] (Pi) mark. The Pi mark provides an
easily recognizable indication of conformance with the Transportable
Pressure Equipment Directive (Council Directive 1999/36/EC of April 29,
1999) (TPED). Only UN cylinders with the Pi mark are allowed free
movement and use in all EC Member states. The Pi mark may be applied on
cylinders and valves only under the authority of a Notified Body.
Within the EC, member states approve organizations as Notified Bodies
to perform specific tasks identified in the TPED. The applicable tasks
identified in the TPED are the same as the functions prescribed for
Notified Bodies in the UN Model Regulations and are equivalent to the
functions prescribed for IIAs in this final rule.
Under this final rule, the Associate Administrator may approve any
qualified person or organization located outside the United States as
an IIA based on an on-site audit at the foreign manufacturing facility
or based on an approval issued by the foreign Competent Authority. An
IIA who is not a resident of the United States must designate a person
in the United States to act on his or her behalf. (See 49 CFR
107.705(a), 107.801(c).)
The NPRM proposed to require an applicant to submit written
evidence the foreign Competent Authority provides similar authority to
IIAs and manufacturers of UN pressure receptacles in the United States
with no additional limitations not required of its own citizenry. Upon
further
[[Page 33861]]
consideration, we believe requiring an applicant to submit written
evidence of the foreign Competent Authority's reciprocal agreement
should not be the applicant's responsibility. Instead, we are adding
Sec. 107.809 to contain conditions for approval of UN pressure
receptacle manufacturers. As adopted in this rule Sec. 107.809
specifies failure of a competent authority to recognize qualified IIAs
domiciled in the United States as a possible basis for the disapproval
of an application. If the United States recognizes Notified Bodies
designated by the Competent Authority of another country, equal
treatment should be expected from the Competent Authority of the
foreign country relative to IIAs domiciled in the United States.
Over the last five years, we have made efforts to work with the EC
to attain mutual recognition of U.S. IIAs under the TPED. Our efforts
to obtain mutual recognition of U.S. based companies have not been
successful because it is the position of the EC that only Member States
may approve bodies under their own jurisdiction. Only one U.S.-based
IIA has been recognized within the EC because of a provision in the
TPED requiring a notified body to be ``established within the
Community''. The EC has interpreted this provision to mean a notified
body must have an established legal entity (place of business) within
an EC member state. As an alternative, we suggested to the EC our
willingness to work toward developing a mutual recognition agreement
(MRA). In its response, the EC stated its reluctance to initiate new
MRA negotiations. Instead, the EC suggested we pursue this matter with
its U.S. counterpart, the U.S. Trade Representative. Our efforts to
obtain recognition by the TPED for U.S. companies to perform conformity
assessment and inspection activities for UN pressure receptacles are
on-going.
Air Products and CGA request PHMSA work with the UN to create a
registry of internationally recognized bodies and the criteria for
being listed in that registry. They further request the registry be
published and maintained so regional approvals, such as the European Pi
mark or our ``USA'' markings, are not necessary. As stated earlier, the
United States will work with the EC and other government bodies to
establish mutual recognition of independent inspection bodies. We will
continue to maintain a list of IIAs approved by the Associate
Administrator to perform inspections and verifications of cylinder
manufacture, repair and modification as prescribed in parts 178 and
180. The list of approved IIAs is available from the Associate
Administrator (PHH-32) and may be viewed on the Internet by accessing
https://www.phmsa.dot.gov. However, the establishment of a registry of
internationally recognized bodies will not obviate the need for the
``USA'' marking. The ``USA'' marking is a certification that the UN
pressure receptacle conforms in all respects to the applicable part 178
requirements.
B. Approval of UN Pressure Receptacle Manufacturers
In the NPRM, we proposed to require each manufacturer to have in
place a documented quality system for the manufacture of UN pressure
receptacles. The manufacturer's quality system involves detailed
documentation related to the types of UN pressure receptacles to be
produced, and written polices, procedures and instructions. The
documentation must include: (1) Adequate descriptions of the
organizational structure; (2) responsibilities of personnel with regard
to design and product quality; (3) the design control and verification
techniques; (4) cylinder manufacturing, quality control, quality
assurance and operating instructions; (5) quality records, such as
inspection reports, test data, and calibration data; (6) the process
for control of documents and their revision; (7) means for control of
non-conforming gas cylinders, purchased components, in-process and
final materials; and (8) the training of relevant personnel. The
manufacturer's quality system will be audited by PHMSA during the final
review of the initial design type approval.
Lincoln Composite expresses concern regarding the potential
complexity of compliance and enforcement of the manufacturer's quality
system due to the lack of formalized assessment criteria in the NPRM.
Lincoln Composite requests we recognize manufacturers with a quality
control system certified to existing international quality control
standards such as ISO 9000 as meeting the intent of Sec. 178.69. CGA
and Taylor-Wharton also recommend we acknowledge a manufacturer's
systems approved by a competent authority and in conformance with
internationally recognized quality systems such as the ISO 9000 series.
The requirements for a manufacturer's quality system, as specified in
this final rule, conform to those contained in the UN Model
Regulations. These requirements are based on the fundamentals of the
ISO 9000 series. Therefore, companies operating in conformance with the
ISO 9000 series should be able to adapt their quality management system
to fully conform to the prescribed requirements.
In the NPRM, we proposed to require the Associate Administrator to
approve all modifications to an approved quality management system. CGA
and Taylor-Wharton recommend a revision of the regulatory language to
read: ``The manufacturer shall notify the Associate Administrator of
any intended changes to the approved quality system prior to making the
change.'' Lincoln Composite objects to the need to obtain an approval
for all quality system changes and recommends requiring an approval
only when the quality system change reduces the number, type, or
frequency of inspections for a specific design type. Lincoln Composite
further suggests we delegate to the production IIA the authority to
determine what quality system changes require approval. We disagree
with the commenters as their suggestions would allow a manufacturer to
modify the approved quality system without approval from the Associate
Administrator. Based on experience gained through interaction with
manufacturers seeking modifications to approved quality systems, we may
consider revising this language at a later date if we find these
requests pertain to matters that will not substantially affect the
overall process.
Arrowhead and Barlen ask PHMSA to specifically exclude section 5.1
of ISO Technical Report 14600 from incorporation in the final rule.
They state the language in this section authorizes a manufacturer to
self-certify high pressure cylinders. We did not propose to incorporate
ISO Technical Report 14600 by reference in the NPRM and are not
adopting it in this final rule. In Sec. 178.71, we are adopting a
conformity assessment system consistent with the system described in
section 6.2.2.5 of the UN Model Regulations. The conformity assessment
system requirements in the UN Model Regulations were adopted on the
basis of the requirements in ISO Technical Report 14600. The procedures
prescribed in Sec. 178.71 of the final rule require an IIA, and not a
company employee, to perform cylinder certifications.
IV. Summary of Regulatory Changes by Section
The following is a section-by-section summary of the changes
adopted in this final rule and, where applicable, a discussion of
comments received.
[[Page 33862]]
Part 107
Section 107.801
This section lists persons who are required to obtain approvals to
inspect, requalify, test, or certify cylinders. In the NPRM, we
proposed to expand the scope of the functions performed by IIAs and
cylinder requalifiers to include UN pressure receptacles. We are
adopting this provision as proposed.
Section 107.803
This section establishes requirements for the approval of IIAs. In
this final rule, we are revising the application criteria for IIA
applicants to include inspections, verifications, and certifications of
UN pressure receptacles. The revisions to this section are discussed
earlier in this preamble under the heading ``III.A. Approval of
Independent Inspection Agencies (IIAs; Notified Bodies) and
Certification of UN Cylinders.''
Section 107.805
This section establishes requirements for cylinder requalifiers. In
this final rule, we are revising the procedures and application
criteria for persons seeking to be approved as cylinder requalifiers to
also apply to persons seeking to be approved as UN pressure receptacle
requalifiers.
Section 107.809
New Sec. 107.809 contains the conditions applicable to UN pressure
receptacle approvals as discussed earlier in this preamble under the
heading ``III.A. Approval of Independent Inspection Agencies (IIAs;
Notified Bodies) and Certification of UN Cylinders.''
Part 171
Section 171.7
This section addresses material incorporated by reference. In
paragraph (a)(3), in the table of material incorporated by reference,
under the General Services Administration, the reference to Federal
Specification RR-C-901C titled ``Cylinders, Compressed Gas: High
Pressure Steel'' is updated to read Federal Specification RR-C-901D
titled ``Cylinders, Compressed Gas: Seamless Shatterproof, High
Pressure DOT 3AA Steel, and 3AL Aluminum.'' This standard is referenced
in Sec. Sec. 173.302, 173.336, and 173.337 for the cleaning of
aluminum cylinders.
We are adding 20 new ISO entries for standards containing design,
manufacture, testing, requalification, and use requirements for UN
pressure receptacles as proposed in the NPRM.
Air Products requests we update the reference to CGA S-1.1,
``Pressure Relief Standards'' from the 2001 edition to the more recent
2003 edition. We agree the more recent 2003 edition of CGA S-1.1 should
be referenced for UN pressure receptacles. In addition, we are
continuing to exclude the requirements in 9.1.1.1 from mandatory
compliance. Section 171.7 continues to reference the 2001 edition of
CGA S-1.1 for the DOT specification cylinders. Amending provisions
relative to DOT specification cylinder is beyond the scope of this
rulemaking. Therefore, we will consider requiring the 2003 edition of
this standard for DOT specification cylinders in a future rulemaking.
Matheson requests we incorporate by reference the valve
requirements contained in CGA V-9, ``Standard for Compressed Gas
Cylinder Valves'' in place of, or in addition to, ISO 10297 in Sec.
173.301b. CGA V-9 contains general design, performance, design
qualification tests, and maintenance requirements for valves. Since we
did not propose to reference CGA V-9 in the NPRM, the adoption of this
standard is beyond the scope of this rule. We will address this matter
in a future rulemaking. Matheson also requests we incorporate by
reference CGA Technical Bulletin, TB-16, ``Recommended Coding System of
Threaded Cylinder Outlets and Threaded Valve Inlets.'' TB-16 recommends
that all new cylinder valves and cylinders made after December 31,
1998, be permanently marked with the thread codes. We may consider a
proposal to incorporate CGA TB-16 in a future rulemaking.
Under the entry for United Nations, we are revising the reference
to the UN Recommendations on the Transport of Dangerous Goods to
include the new 49 CFR section references added in this rule. The new
references are Sec. Sec. 173.40, 173.192, 173.302b, 173.304b, and
178.75.
All incorporated matter is available for inspection at the Office
of the Federal Register or the U.S. Department of Transportation,
PHMSA's Office of Hazardous Materials Standards, Room 8430, NASSIF
Building, 400 Seventh Street, SW., Washington, DC 20590. Persons may
also obtain these documents from the sources identified in Sec. 171.7
of the HMR.
Section 171.8
Section 171.8 sets forth definitions for terms used in the HMR. In
this section, we are adding new definitions for ``bundles of
cylinders,'' ``multiple element gas containers or MEGCs,'' ``settled
pressure,'' ``UN cylinder,'' ``UN pressure receptacle,'' ``UN tube,''
and ``working pressure.''
In the NPRM, we proposed to define ``working pressure'' to mean the
``settled pressure'' of a compressed gas at a reference temperature of
15 [deg]C (59 [deg]F). Praxair notes the term ``settled pressure'' is
not defined in the regulations, but is used to define the term
``working pressure,'' which includes a reference temperature different
from that of 65 [deg]C (149 [deg]F) and is used in determining the
filling pressures in Sec. Sec. 173.301--173.305. We agree with the
commenter that the term ``settled pressure'' should be defined. We are
defining the term ``settled pressure'' to mean ``pressure exerted by
the contents of a UN pressure receptacle in thermal and diffusive
equilibrium.'' This definition is consistent with that specified in the
UN Model Regulations.
Section 171.11
This section contains provisions for the shipment of hazardous
materials by aircraft in accordance with the ICAO Technical
Instructions. In the NPRM, we proposed to add a new paragraph (d)(19),
and is adopted as new paragraph (d)(20) herein, to authorize the
transport of hazardous materials in cylinders (including UN pressure
receptacles) in accordance with the ICAO Technical Instructions, under
certain conditions. Proposed paragraph (d)(19) reads:
(d)(19) Cylinders transported to, from or within the United
States must conform to the applicable requirements of this
subchapter. Unless otherwise excepted in this subchapter, a cylinder
may not be transported unless--
(i) The cylinder is manufactured, inspected and tested in
accordance with a DOT specification or a UN standard prescribed in
part 178 of this subchapter, except that cylinders not conforming to
these requirements must meet the requirements in Sec. 173.301(j)
through (k);
(ii) The cylinder is equipped with a pressure relief device in
accordance with Sec. 173.301(f) of this subchapter and conforms to
the applicable requirements in part 173 for the hazardous material
involved;
(v) For aluminum cylinders in oxygen service except those used
aboard aircraft in accordance with the applicable airworthiness
requirements and operating regulations, the opening is configured
with straight (parallel) threads (UN cylinders are marked with the
cylinder thread type, e.g. ``18P'' or ``18S''); and
(vi) A UN cylinder is marked with ``USA'' as a country of
approval in conformance with Sec. Sec. 178.69 and 178.70 of this
subchapter.
Air Liquide Canada, CGA, and Taylor-Wharton request we revise
paragraph (d)(19)(ii) to permit the transportation of UN cylinders
without PRDs for export
[[Page 33863]]
only. Upon further consideration, we agree with the commenters' request
to permit UN cylinders not intended for use in the United States to be
filled and transported for export only. In this final rule, these
cylinders may be transported under the conditions prescribed in
paragraph (l) of Sec. 173.301. Paragraph (l) permits, under certain
conditions, the transportation of UN pressure receptacles without the
``USA'' marking, and ``USA'' marked UN pressure receptacles without the
required PRD, to be filled for export only. We are making a similar
change to the regulatory language in Sec. Sec. 171.12 and 171.12a.
These amendments eliminate the need for DOT-E 12929, which authorizes
certain DOT specification cylinders and foreign cylinders without PRDs
to be charged and transported for export only. We are also adding
certain safety conditions prescribed in DOT E-12929:
(1) Each DOT specification cylinder or UN pressure receptacle must
be plainly and durably marked ``For Export Only'';
(2) The shipping paper must include the following certification:
``This cylinder has (These cylinders have) been retested and refilled
in accordance with the DOT requirements for export.''; and
(3) The emergency response information provided with the shipment
and available from the emergency response telephone contact person must
indicate the pressure receptacles are not fitted with pressure relief
devices and provide appropriate guidance in the event of exposure to a
fire.
For aluminum cylinders in oxygen service, we proposed in paragraph
(d)(19)(v), to require each opening to be configured with straight
(parallel) threads. The UN Model Regulations permit the use of either
tapered or straight threads in aluminum alloy oxygen cylinders through
the incorporation by reference of other ISO standards. However, we did
not propose to allow the use of tapered threads in aluminum alloy
cylinders used in oxygen service and transported in the United States.
This position is consistent with the current requirement in Sec.
173.302(b) of the HMR, which requires each aluminum oxygen cylinder
opening to be configured with straight threads only. Requiring the use
of straight threads eliminates the possibility of a taper threaded
valve being inadvertently inserted into a straight threaded cylinder
opening. Such a mismatch or cross connect could lead to a violent
expulsion of the taper threaded valve or unintended release of oxygen
which cause product loss, property damage, personal injury, or death.
Within the United States, there are 20 million or more DOT 3AL
aluminum alloy cylinders in oxygen service equipped with straight
threads. At the time of the proposed rule, we were concerned that
allowing the use of UN aluminum alloy oxygen cylinders with tapered
threads could increase the potential for inserting improper valves,
even though the UN cylinders will be marked with the thread type code,
e.g. 18P for straight or 25E for tapered. Persons who are not familiar
with the ISO thread type codes may assume that the aluminum alloy
oxygen cylinder is equipped with straight threads.
Although our experience in the United States involves straight
thread designs, we are aware the use of both thread designs may offer
certain advantages. In the NPRM, we asked commenters to address the
impact of retaining the prohibition against using taper threads in
aluminum alloy oxygen cylinders.
Barlen supports the proposed prohibition. Citing the difference
between the European and U.S. tapered threads, Barlen explains the
angle of the European tapered threads provides for more problem-free
valve insertion into aluminum cylinders and asserts that cylinder
owners support this proposal. Air Liquide Canada, CGA, and Matheson do
not support the proposed prohibition. CGA states the UN cylinders will
be marked with information significantly different than a DOT cylinder.
The commenters further suggest that the cylinders and valves must be
marked with the thread type. Matheson requests we mandate the use of
tapered ISO threads for aluminum UN cylinders in oxygen service and
suggest this will avoid any safety concern where valve ejection can
take place because of incorrect valves.
CGA and Matheson state all UN cylinders and their valves should be
marked with the ISO thread type. Matheson states the cylinders and
valves should be marked according to the CGA technical bulletin, TB-16,
``Recommended Coding System for Threaded Cylinders Outlets and Threaded
Valve Insets.'' CGA developed this technical bulletin for use in the
United States and Canada in response to several serious incidents where
users inserted a straight thread valve into a cylinder with taper
threads, inserted a taper thread valve into a cylinder with straight
threads, or interchanged ISO and/or other metric classification threads
with American National Standards threads. Also CGA published safety
bulletin, SB-19, ``Potential Valve Thread and Cylinder Thread
Mismatch'' to alert users that mismatching the thread on the valve and
the cylinder can result in the ejection of the valve. The safety
bulletin contains illustrations of various valve thread types.
Upon consideration of the comments received, in this final rule we
are allowing the openings on aluminum alloy UN cylinders in oxygen
service to be configured with straight or taper threads. The thread
type must be marked on the cylinder as required by Sec. 178.71(o)(11)
and on the valve as required by ISO 10297, as referenced in Sec. Sec.
173.301b(c) and 178.71(d)(2). Further, we are adding a requirement, in
Sec. 173.301(a)(10) that any person who installs a valve into an
aluminum cylinder in oxygen service must verify the valve and the
cylinder have the same thread type. We believe these requirements will
provide for harmonization with the UN Model Regulations while
maintaining an adequate level of safety.
We are adopting the requirement that each UN cylinder be marked
with ``USA'' as a country of approval for transportation within the
United States as discussed earlier in this preamble.
Section 171.12
This section contains provisions for the import and export of
hazardous materials in commerce. Paragraph (b) contains provisions
specific to the shipment of hazardous materials by vessel in accordance
with the IMDG Code. In this final rule, we are revising paragraph
(b)(15) to authorize the transport of hazardous materials in UN
pressure receptacles in accordance with the IMDG Code under certain
conditions. Readers should refer to the preamble discussion to Sec.
171.11 for changes made to this section.
Section 171.12a
This section contains provisions for the transportation by rail or
highway of shipments of hazardous materials conforming to the
regulations of the Government of Canada. Paragraph (b) contains
provisions specific to the shipment of hazardous materials in
accordance with the Transport Dangerous Goods (TDG) Regulations. We are
revising paragraph (b)(13) to authorize the transport of hazardous
materials in UN pressure receptacles in accordance with the TDG
Regulations under certain conditions. Readers should refer to the
preamble discussion to Sec. 171.11 for changes made to this section.
Part 172
Section 172.101
In Sec. 172.101, we are amending the Hazardous Materials Table
(HMT). In a
[[Page 33864]]
final rule published July 31, 2003 (Docket No. RSPA 2002-13658 (HM-
215E), 68 FR 44992), we revised eleven entries by removing the
qualifying word ``compressed.'' The eleven entries are as follows:
1008 Boron trifluoride
2417 Carbonyl fluoride
1911 Diborane
1962 Ethylene
2193 Hexafluoroethane or Refrigerant gas R116
2451 Nitrogen trifluoride
2198 Phosphorous pentafluoride
2203 Silane
1859 Silicon tetrafluoride
1982 Tetrafluoromethane or Refrigerant gas R14
2036 Xenon
We also made revisions for consistency with another amendment that
revised the reference temperature used in the definitions of a non-
liquefied and liquefied compressed gas in Sec. 173.115(d) and (e),
respectively, from 20 [deg]C (68 [deg]F) to -50 [deg]C (-58 [deg]F)
consistent with internationally accepted definitions for gases adopted
in the Twelfth Edition of the UN Model Regulations. In the NPRM, we
solicited comments on whether the packaging authorization for these
gases should remain in Sec. 173.302 or be relocated to Sec. 173.304.
Praxair recommends revising the packaging authorization reference found
in column 8B of the HMT to show 304 for the following gases so as to
remain consistent with the requirements of other liquefied gases: Boron
trifluoride, UN1008, Carbonyl fluoride, UN2417, Diborane, UN1911,
Nitrogen trifluoride, UN2451, Phosphorus pentafluoride, UN2198, Silane,
UN2203, Silicon tetrafluoride, UN1859, Tetrafluoromethane, UN1982, and
Xenon, UN2036. Although these materials now meet the definition of
liquefied compressed gases in Sec. 173.115(e) based on the revised
reference temperatures, it remains our understanding that these gases
seldom encounter temperatures of -50 [deg]C (-58 [deg]F) and below when
transported within the United States. Since these gases will seldom, if
ever, reach temperatures causing them to become liquefied in
transportation, we have determined the non-bulk packaging
authorizations for these gases should remain in Sec. 173.302.
Air Products and CGA note in the NPRM, the Hazardous Materials
Table entry, ``Ammonia, anhydrous, 2.3, UN 1005'' was missing the
symbol ``I'' which identifies the proper shipping name as appropriate
for describing materials in international transportation. The symbol
was inadvertently removed in the NPRM. We are correcting this error in
this final rule.
New Special provision N86 is added to 21 entries. This special
provision prohibits the shipment of these gases in UN pressure
receptacles made of aluminum. The 21 entries are as follows:
1001 Acetylene
1017 Chlorine
1037 Ethyl chloride
1045 Fluorine, compressed
1048 Hydrogen bromide, anhydrous
1050 Hydrogen chloride, anhydrous
1052 Hydrogen fluoride, anhydrous
1062 Methyl bromide
1063 Methyl chloride or Refrigerant gas R 40
1085 Vinyl bromide, stabilized
1086 Vinyl chloride, stabilized
1581 Chloropicrin and Methyl bromide mixture
1582 Chloropicrin and Methyl chloride mixture
1749 Chlorine trifluoride
1860 Vinyl fluoride, stabilized
1912 Methyl chloride and Methylene chloride mixture
2190 Oxygen difluoride, compressed
2196 Tungsten hexafluoride
2197 Hydrogen iodide, anhydrous
2548 Chlorine pentafluoride
2901 Bromine chloride
New special provision N87 is added to eight entries. The
special provision prohibits the shipment of these gases in UN pressure
receptacles with copper valves. The eight entries are as follows:
1005 Ammonia, anhydrous
1032 Dimethylamine, anhydrous
1036 Ethylamine
1043 Fertilizer ammoniating solution with free ammonia
1061 Methylamine, anhydrous
1083 Trimethylamine, anhydrous
2073 Ammonia solution, relative density less than 0.880 at 15 [deg]C in
water, with more than 35% but not more than 50% ammonia.
3318 Ammonia solution, relative density less than 0.880 at 15 [deg]C in
water, with more than 50% ammonia.
New special provision N88 is added to three entries. The
special provision provides that the UN pressure receptacle's metal
parts in contact with the gas must contain no more than 65% copper.
Barlen disagrees with our adding this special provision, citing the low
occurrence of copper metal coming in contact with any of the
specifically named gases. Praxair requests we revise this special
provision to allow metal parts to contain a ``nominal'' 65% copper,
suggesting that some brass alloys contain slightly more than 65%
copper. We agree with the latter commenter and will allow brass alloys
that may contain slightly more than 65% copper. However, we believe the
term ``nominal'' is not sufficiently prescriptive. Therefore, we are
providing that the copper content of metal parts in contact with the
gases may exceed the limit with a tolerance of 1%. The three entries
are as follows:
1001 Acetylene, dissolved
1060 Methyl acetylene and propadiene mixtures, stabilized
2452 Ethylacetylene, stabilized
New special provision N89 is added to ten entries. The
special provision provides that when steel UN pressure receptacles are
used, only those bearing an ``H'' mark are authorized. We proposed to
add this requirement to fourteen entries. However, Barlen, Matheson,
and Praxair request that we do not assign this special provision to
Arsine (UN2188), Germane (UN2192), Phosphine (UN2199), and Silane
(UN2203) because these ladings are not prone to hydrogen disassociating
from the compounds and posing a threat of hydrogen embrittlement, as is
the case with pure hydrogen. We agree with the commenters and we are
not adding this special provision to Arsine (UN2188), Germane (UN2192),
Phosphine (UN2199), and Silane (UN2203). We are adding the special
provision to the following ten entries:
1048 Hydrogen bromide, anhydrous
1049 Hydrogen, compressed
1050 Hydrogen chloride, anhydrous
1053 Hydrogen sulphide
1064 Methyl mercaptan
1911 Diborane
1957 Deuterium, compressed
2034 Hydrogen and Methane mixture, compressed
2197 Hydrogen iodide, anhydrous
2600 Carbon monoxide and Hydrogen mixture, compressed
Part 173
Section 173.40
This section establishes general packaging requirements for toxic
materials packaged in cylinders. In the NPRM we proposed to revise this
section to include UN cylinders. In paragraph (a), we proposed to
prohibit the transport of Hazard Zone A material in UN tubes and MEGCs.
Baker expresses concern regarding the proposal to prohibit the
transport of Hazard Zone A material in UN tubes and MEGCs. We disagree.
This final rule is intended to align the HMR with international
standards. The UN Model Regulations prohibit the transportation of
Hazard Zone A materials in UN tubes and MEGCs; therefore we are
adopting the prohibition as proposed.
In paragraph (b), we proposed to limit a UN cylinder used for
Hazard Zone A
[[Page 33865]]
or B material to a maximum water capacity of 85 liters. To maintain
consistency with the UN Model Regulations, we are not adopting the NPRM
proposal to limit UN cylinders to a capacity of 85 liters for Hazard
Zone B materials. We are placing the 85 L limitation for Hazard Zone A
materials in paragraph (d)(4).
We also proposed to require the UN cylinder to have a minimum test
pressure of 200 bar and a minimum wall thickness of 3.5 mm if made of
aluminum alloy or 2 mm if made of steel or, alternatively, be packed in
an outer packaging meeting the Packing Group I performance level.
Praxair believes these restrictions in the proposed paragraph (b)
should be moved to Sec. 173.192 and apply only to Hazard Zone A
materials. We disagree. Section 173.40 contains general packaging
requirements for toxic materials. Relocating the requirements for
minimum test pressure and minimum wall thickness to Sec. 173.192 would
apply these requirements to Division 2.3, Hazard Zone A materials, but
not to the Division 6.1 Hazard Zone A materials.
Praxair notes the UN Model Regulations allow UN pressure
receptacles containing certain Hazard Zone B materials to meet minimum
test pressures lower than 200 bar. Although the commenter is correct,
the UN Model Regulations also require UN pressure receptacles
containing other Hazard Zone B materials to have a minimum test
pressure greater than 200 bar. To maintain consistency with the UN
Model Regulations, in this final rule we are specifying when UN
pressure receptacles are used, the minimum test pressure must be in
accordance with P200 of the UN Model Regulations.
We are revising paragraph (e) to specify that MEGCs are authorized
for Hazard Zone B materials subject to the conditions and limitations
of Sec. 173.312.
Section 173.163
This section lists requirements for transporting hydrogen fluoride
in cylinders. We are revising this section to authorize UN cylinders
for the transport of hydrogen fluoride.
Section 173.192
This section lists requirements for transporting bromoacetone,
methyl bromide, chloropicrin, and methyl bromide or methyl chloride
mixtures in cylinders. We are revising the introductory text and
paragraph (a) to specify that UN cylinders with a marked test pressure
of 200 bar or greater are authorized for certain toxic gases in Hazard
Zone A. Praxair requests that provisions from Sec. 173.40 applicable
to Hazard Zone A materials be relocated to this section. Readers should
refer to the preamble discussion in Sec. 173.40.
Section 173.195
This section lists requirements for transporting hydrogen cyanide
and anhydrous, stabilized (hydrocyanic acid, aqueous solution) in
cylinders. As proposed in the NPRM, we are adding a new paragraph
(a)(3) to authorize the use of UN cylinders with a minimum test
pressure of 100 bar and a maximum filling ratio of 0.55 for hydrogen
cyanide, anhydrous, stabilized or hydrocyanic acid, aqueous solution.
We are prohibiting the use of UN tubes and MEGCs.
Section 173.201
This section lists authorized packagings for the transportation of
liquid hazardous materials in Packing Group I. As proposed in the NPRM,
we are revising paragraph (c) to authorize the use of UN cylinders for
liquid hazardous materials in Packing Group I.
Section 173.205
This section addresses general requirements for liquid hazardous
materials. As proposed in the NPRM, we are revising this section to
authorize the use of UN cylinders for liquid hazardous materials.
Section 173.226
This section lists authorized packagings for the transportation of
Division 6.1 materials in Hazard Zone A. As proposed in the NPRM, we
are revising paragraph (a) to authorize the use of UN cylinders for
materials poisonous by inhalation, Division 6.1, Packing Group I,
Hazard Zone A.
Section 173.227
This section lists authorized packagings for Division 6.1 materials
in Hazard Zone B. We proposed to revise paragraph (a) to authorize the
use of UN cylinders for materials poisonous by inhalation, Division
6.1, Packing Group I, Hazard Zone B, subject to the terms and
conditions of Sec. 173.40. Praxair suggests the requirements in Sec.
173.40 should not apply to cylinders used for Division 6.1 Hazard Zone
B materials. Readers should refer to the preamble discussion in Sec.
173.40.
Section 173.228
This section lists authorized packagings for bromine pentafluoride
or bromine trifluoride. We proposed to revise paragraph (a) to
authorize the use of UN cylinders, but not UN tubes and MEGCs, for
``Bromine pentafluoride'' and ``Bromine trifluoride,'' which are
poisonous Hazard Zone A and B materials, respectively. The shipment of
these materials is subject to the terms and conditions of Sec. 173.40.
Praxair requests we allow the use of UN tubes and MEGCs to maintain
consistency with the capacity authorized for DOT specification
cylinders. We disagree. Consistent with Sec. 173.40 and the UN Model
Regulations, ``Bromine pentafluoride'' and ``Bromine trifluoride'' must
be transported in seamless cylinders. The use of UN tubes and MEGCs is
prohibited.
Section 173.301
This section establishes general requirements for the
transportation of compressed gases in cylinders. As proposed in the
NPRM, we are revising this section to apply to UN pressure receptacles.
In the NPRM, we proposed to add a new paragraph (a)(10) to require a
cylinder certified to ISO 11119-3 to have a working pressure not to
exceed 62 bar when used for Division 2.1 materials due to our concerns
about the permeation of flammable gases through the plastic liner at
high temperatures. Upon further review of the requirements in ISO
11119-3 and composite cylinders authorized by special permits, we found
the permeation of flammable gases from these cylinders at high
temperatures to be negligible. Therefore, we are not adopting the
proposed requirement for composite cylinders to have a test pressure
less than 62 bar when used for Division 2.1 materials.
In the NPRM, we proposed to prohibit the use of ISO 11119-3
composite cylinders for underwater breathing applications because of
the effects of saltwater on some resins. CGA notes ISO 11119-3 contains
special requirements for cylinders used in underwater applications.
Lincoln Composite states the primary pressure containment structure of
ISO 11119-2 and 11119-3 cylinders is the composite over wrap and any
adverse effect of saltwater on the structural performance of the resin
matrix of composite cylinders manufactured to ISO 11119-3 would also
apply to the resin matrix of composite cylinders manufactured to ISO
11119-2. Lincoln Composites requests we remove this underwater use
restriction or apply the restriction to composite cylinders
manufactured to ISO 11119-2 and to ISO 11119-3 and cites extensive
experience in producing and using composite cylinders in saltwater
environments without incident. We agree with the commenter regarding
the uniform regulation of ISO 11119-2 and 11119-3 for underwater
[[Page 33866]]
use. The ISO standards permit a wide range of resin mixtures for the
construction of composite cylinders. In reviewing a manufacturer's
prototype design of a composite cylinder intended for underwater
applications, we will determine the suitability of the particular resin
for underwater application. Therefore, in this final rule, in Sec.
173.301b(g), we will permit the use of ISO 11119-2 and 11119-3
composite cylinders for underwater applications. Composite cylinders
manufactured to ISO 11119-2 or 11119-3 for underwater applications must
be stamped with the ``UW'' marking as specified in Sec. 178.71(o)(17).
In this final rule, we are adding a new paragraph (a)(10) to
require a person who installs a valve into an aluminum cylinder in
oxygen service to verify the valve and the cylinder have the same
thread type, as we state in the earlier preamble discussion to Sec.
171.11.
In paragraph (c) of the NPRM, we proposed to prohibit the use of a
UN non-refillable cylinder, or a UN composite cylinder certified to ISO
11119-3 (fully wrapped fibre reinforced composite gas cylinders with
non-load sharing metallic liners or non-metallic liners) for toxic gas
or toxic gas mixtures in Hazard Zone A or B. Lincoln Composite agrees
with the limited use of non-metallic (plastic) composite cylinders for
toxic gases or toxic gas mixtures containing a Division 2.3, Hazard
Zone A or B, material. However, Lincoln Composite believes we should
not ban the use of these composite cylinders without ``definitive
performance goals.'' Lincoln Composite acknowledges, however, that the
suitability of plastic-lined composite cylinders for toxic gases is an
issue yet to be evaluated. PHMSA does not have sufficient safety data
on the permeation of toxic gases from composite cylinders. Therefore,
in the absence of this data, we are adopting the prohibition as
proposed.
In paragraph (d), we are prohibiting the use of UN cylinders made
of aluminum alloy 6351-T6 as proposed.
We are revising paragraph (f)(5) to specify PRDs are not required
on UN pressure receptacles transported in accordance with paragraph (k)
or (l) of this section, for consistency with the revisions made to
Sec. Sec. 171.11, 171.12, and 171.12a in this final rule. Readers
should refer to our earlier preamble discussion to Sec. 171.11.
As proposed in the NPRM, we are revising paragraph (h) to specify
UN pressure receptacles must meet the cylinder valve protection
requirements in Sec. 173.301b(f).
As proposed in the NPRM, we are revising paragraph (i), containing
requirements for cylinders mounted on a motor vehicle or in frames, to
specify MEGCs must meet the requirements in Sec. 173.312.
Also, as proposed in the NPRM, we are revising paragraphs (j), (k)
and (l) to include UN cylinders. Paragraph (l) is revised to permit the
transportation of UN cylinders without PRDs that are not intended for
use in the United States to be filled and transported for export only,
under certain conditions. These conditions provide that a UN cylinder
manufactured, inspected, tested and marked in accordance with part 178
of this subchapter and otherwise conforms to the requirements of this
part for the gas involved, except that the cylinder is not equipped
with a PRD, may be filled with a gas and offered for transportation and
transported for export under certain conditions. Readers should refer
to our earlier discussion to Sec. 171.11 regarding the transport of UN
pressure receptacles without PRDs for export only.
Section 173.301b
New Sec. 173.301b contains additional general requirements for the
shipment of hazardous materials in UN pressure receptacles.
When a refillable pressure receptacle is filled with a gas
different from that previously contained in the cylinder, the cylinder
must be cleaned in accordance with ISO 11621 prior to refilling. We
proposed to require a UN pressure receptacle to have its valve
protected in accordance with the methods prescribed in Sec.
173.301b(f). CGA and Taylor Wharton request we clarify this requirement
applies to valves that have inherent protection as provided by the ISO
standard. We are revising the requirement to clarify that the valves
must be designed and constructed with sufficient inherent strength to
withstand damage in accordance with Annex B of ISO 10297. In this final
rule, we are placing this requirement in Sec. 173.301b(c)(2).
We proposed in paragraph (g) to require a non-refillable UN
pressure receptacle transported as an inner packaging of a combination
packaging to be limited to a water capacity not exceeding 1.25 L when
used for a flammable or toxic gas, and to be prohibited for a Hazard
Zone A material. Praxair suggests current regulations do not impose a
limit on the water capacity for DOT specification cylinders in
flammable gas service; therefore, no limit should be prescribed for the
UN cylinders. We disagree with the commenter. Current Sec. 173.302a
limits the internal volume of DOT 39 non-refillable cylinders to 1.23 L
when filled with a Division 2.1 material and Sec. 173.40 prohibits the
use of DOT 39 cylinders for Hazard Zone A materials. We are adopting
the provision as proposed and placing it in paragraph (d). We are also
rearranging the other requirements in this section for the benefit of
users.
Section 173.302
This section addresses requirements for filling cylinders with non-
liquefied (permanent) compressed gases. As proposed in the NPRM, we are
making several revisions to this section. Paragraph (a) is revised to
authorize the use of UN pressure receptacles for permanent gases.
Paragraph (b)(2) is revised to permit the openings in aluminum UN
cylinders in oxygen service to be configured with straight or taper
threads as we stated in the earlier preamble discussion to Sec.
171.11. We proposed in paragraph (b)(3) to require UN pressure
receptacles to be subject to the cleaning requirements in ISO 11621 and
to update the cleaning requirements for DOT specification cylinders
from Federal Specification RR-C-901C to Federal Specification RR-C-
901D. However, in the NPRM, we failed to update one of the paragraph
cites we referenced in Federal Specification RR-C-901D. Luxfer requests
we correct the cite reference to paragraph 4.4.2.2 to read paragraph
4.2.2.2. The sampling provisions in Federal Specification RR-C-901C,
paragraph 4.4.2.2, are a
