Hazardous Materials: Emergency Recall Order, 34156-34160 [2013-13354]
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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Notices
seventeen-year-olds would not yet be
included as not all steps that need to be
carried out to allow participation by
people this young would have been
completed at this stage of the project.
Those steps would be completed by the
time the project is ready to conduct the
pilot test, in which 6,300 young people
ages 16 through 20 listed in the driver
license database of one State would be
mailed a request to participate in the
survey. For purposes of burden
estimation this project will assume a
response rate upper limit of 50%, or a
maximum of 3,150 completed pilot test
interviews.
The final survey would be
administered to young people ages 16
through 20 listed in the driver license
database of one of the States
participating in the survey. There would
be eight participating States. The
number of respondents would depend
on results of the pilot test in addition to
the response rate. For each of the eight
States, 8,000 young drivers would be
mailed the request to participate in the
survey if the pilot test determines that
it is feasible to administer the longer
version of the questionnaire. An upper
limit response rate of 50% equates to a
maximum of 4,000 completed
interviews per State, or 32,000 for the
survey. But if the pilot test indicates
that the questionnaire will need to be
split into two shorter questionnaires,
then the number of respondents would
double to a maximum of 64,000 as 8,000
requests to participate in the survey
would be mailed per questionnaire in
each State.
Businesses are ineligible for the
sample and would not be interviewed.
All respondents would be administered
the survey one time only.
Estimate of the Total Annual
Reporting and Record Keeping Burden
Resulting From the Collection of
Information—NHTSA estimates that the
respondents participating in the
usability testing would average 1 hour
in carrying out that activity. The
number of respondents would not
exceed 100, producing a maximum
burden of 100 hours.
The projected 3,150 maximum
completed interviews for the pilot test
would be split among those receiving
the full questionnaire (one-third of
respondents) and those receiving the
shortened versions (two-thirds of
respondents, divided between those
who get shortened Version A and those
who get shortened Version B). The full
version would require an average of 25
minutes for the 1,050 respondents for a
burden of 437.5 hours. The shortened
versions would require an average of 15
minutes for the 2,100 respondents for a
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burden of 525 hours. The total burden
for the pilot test would therefore be a
maximum of 962.5 hours.
If the pilot test indicates that
administration of the full version of the
questionnaire is feasible, then a
maximum of 32,000 respondents would
spend an average of 25 minutes
completing the final survey, for a
burden of 13,333.33 hours. If the pilot
test instead indicates that the final
survey will need to employ the shorter
questionnaires, then a maximum of
64,000 respondents would spend an
average of 15 minutes completing the
survey, for a burden of 16,000 hours.
The maximum reporting burden for
the Implementation of a Youth Traffic
Safety Survey would be 100 hours for
the usability testing, 962.5 hours for the
pilot test, and 16,000 hours for the final
survey if two questionnaires are used for
a grand total of 17,062.5 hours.
All interviewing would occur during
a single calendar year. Thus the annual
reporting burden would be the entire
17,062.5 hours. The respondents would
not incur any reporting cost from the
information collection. The respondents
also would not incur any record keeping
burden or record keeping cost from the
information collection.
Authority: 44 U.S.C. 3506(c)(2)(A).
Issued on: May 31, 2013.
Jeffrey Michael,
Associate Administrator, Research and
Program Development.
[FR Doc. 2013–13415 Filed 6–5–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2013–0123, Notice
No.13–09]
Hazardous Materials: Emergency
Recall Order
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Emergency Recall Order.
AGENCY:
This notice publishes
Emergency Recall Order 2013–002 (DOT
Docket Number PHMSA–2013–0123),
issued on May 24, 2013 to The Lite
Cylinder Company, Inc. The Office of
Hazardous Materials Safety issued this
Emergency Order pursuant to authority
granted in 49 U.S.C. 5121(d) and 49 CFR
109.17(c), and is published in
accordance with 49 CFR 109.19(f)(2)(iv).
Emergency Order 2013–002 mandates a
recall of (1) all cylinders manufactured
SUMMARY:
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by The Lite Cylinder Company, Inc. and
marked as authorized under DOT–SP
14562 (and DOT–SP 13957 as
authorized therein) and DOT–SP 13105,
(2) any cylinder requalified under H706,
and (3) any cylinders manufactured
under M5729 (collectively, ‘‘the affected
packaging’’), and was issued after
PHMSA’s finding that the affected
packaging constitutes, or are causing, an
imminent hazard to public safety.
DATES: Effective Date: May 24, 2013.
FOR FURTHER INFORMATION CONTACT:
Adam Horsley, Attorney, Office of the
Chief Counsel, PHMSA, 202–366–4400.
SUPPLEMENTARY INFORMATION: The full
text of Emergency Recall Order 2013–
002 is as follows:
This notice constitutes an Emergency
Recall Order by the United States
Department of Transportation (DOT)
pursuant to 49 U.S.C. 5121(d) and 49
CFR 109.17(c); and pursuant to
delegation of authority to the Associate
Administrator, Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Office of Hazardous Materials
Safety. By this Order, PHMSA is
mandating a recall of all cylinders
manufactured by The Lite Cylinder
Company, Inc. (Lite Cylinder) and
marked as authorized under DOT–SP
14562 (and DOT–SP 13957 as
authorized therein), DOT–SP 13105; any
cylinder requalified under H706; and
any cylinders manufactured under
M5729 (hereinafter referred to as
affected packaging(s)). In addition, this
order applies to any person who is in
possession of an affected packaging
subject to this order.
PHMSA finds that the affected
packagings constitute or are causing an
imminent hazard to public safety. For
more detailed information see
‘‘Background/Basis for Order’’ below.
This Order Applies to
(1) Lite Cylinder, its officers,
directors, employees, subcontractors,
investors and agents (‘‘Lite Cylinder’’);
and
(2) Any person who is in possession
of an affected packaging, including any
officers, directors, employees,
subcontractors, investors, and agents of
said person (for purposes of this Order,
‘‘Cylinder Owners’’).
Under no circumstances should a
cylinder described in this emergency
recall order be filled, refilled, or used
for the transportation of hazardous
materials.
Effective Immediately, Lite Cylinder
Must
(1) Contact all Cylinder Owners to
whom affected packagings have been
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sold and inform them of the Emergency
Recall Order and provide them the
proper and necessary instruction and
information for the safe handling and
discharge of hazardous material and for
the return shipment of cylinders no later
than five business days of this Order.
The information must include
instruction that directs Cylinder Owners
to use only qualified persons, trained in
handling cylinders in accordance with
Federal regulations, and to safely
discharge, purge, and remove the valve
from, the cylinder.
(2) Confirm that the returned
cylinders are purged and emptied.
(3) Ensure that the purged and empty
cylinders are returned to the
manufacturer at the following address:
The Lite Cylinder Company, 139
Southeast Parkway Court, Franklin, TN
37064.
(4) Provide by email the serial number
of each returned cylinder to PHMSA at
specialpermits@dot.gov (referencing
‘‘Lite Cylinder’’ in the subject line) by
the close of business daily. Please note
any problems that may have been
witnessed with the cylinder (e.g.
leakage, damage, etc.).
(5) Permanently obliterate the special
permit specification markings and
render them incapable of holding
pressure within five business days of
possession, including those in
inventory.
PHMSA Urgently Advises Cylinder
Owners to
(1) Take proper safeguards in
identifying and handling the affected
packagings identified in this Order,
(2) Use the instruction and
information provided by Lite Cylinder
for the safe handling and discharge of
hazardous material and for the return
shipment of cylinders. This information
will guide Cylinder Owners to use only
qualified persons, trained in handling
cylinders in accordance with Federal
regulations, and to safely discharge,
purge, and remove the valve from, the
cylinder.
(3) Return the purged and empty
cylinders to the manufacturer at the
following address: The Lite Cylinder
Company, 139 Southeast Parkway
Court, Franklin, TN 37064.
This Order is effective immediately
and remains in effect unless withdrawn
in writing by the Associate
Administrator or his designee, or until
it otherwise expires by operation of law.
Information Gathering
Any person who is aware of a failure
or incident relating to any cylinder
marked DOT–SP 14562, DOT–SP 13957,
DOT–SP 13105; any cylinder requalified
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under H706; and other cylinder
manufactured under M5729 is requested
to contact PHMSA, as instructed in the
Emergency Contact Official section
below, as soon as possible. PHMSA
requests information on all cylinders
made under the foregoing special
permits and approvals, which include
10-pound, 20-pound, 25-pound and 33pound cylinders.
Jurisdiction
Lite Cylinder manufactures or has
manufactured, marked, certified and
sold composite cylinders as meeting
DOT–SP 14562, DOT–SP 13957, and
DOT–SP 13105; performed cylinder
requalification under approval H706;
and manufactured cylinders under
Registration Number M5729, which are
used to transport hazardous materials
within the United States and therefore
is a ‘‘person,’’ as defined by 49 U.S.C.
5102(9), and, a ‘‘person’’ under 1 U.S.C.
1. Accordingly, Lite Cylinder, or any
person in possession of an affected
packaging, is subject to the authority
and jurisdiction of the Associate
Administrator, including the authority
to impose emergency restrictions,
prohibitions, recalls, or out-of-service
orders, without notice or an opportunity
for hearing, to the extent necessary to
abate the imminent hazard (49 U.S.C.
5121(d)).
Background/Basis for Order
On October 10, 2012, PHMSA
suspended Lite Cylinder’s special
permits DOT–SP 14562, (and DOT–SP
13957 as authorized therein), and DOT–
SP 13105, cylinder requalification
approval H706 and manufacturer‘s
Registration Number approval M5729,
and proposed termination of the above
approvals and special permits unless
Lite Cylinder could show cause why
such action should not be taken.
Concurrent with this action today,
PHMSA has terminated the above
special permits and approvals for
cylinder requalification, and
manufacturer’s Registration Numbers.
Upon reliable and credible information
received in the course of investigations,
PHMSA has learned that Lite Cylinder
has:
1. Failed to notify the Associate
Administrator for Hazardous Materials
Safety, in writing, of incidents involving
DOT–SP 14562 cylinder failures, as
required by DOT–SP 14562, Paragraph
12.
Paragraph 12 of DOT–SP 14562
requires the grantee to notify the
Associate Administrator for Hazardous
Materials Safety, in writing, of any
incident involving a package (including
a cylinder failure), shipment or
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34157
operation conducted under the terms of
the special permit. PHMSA discovered
that Lite Cylinder failed to report three
cylinder failures in service and one
cylinder failure during production
testing, in violation of DOT–SP 14562.
PHMSA obtained (1) a copy of a
settlement agreement Lite Cylinder
entered into with Robert Nicholson on
January 20, 2012 after a DOT–SP 14562
cylinder ruptured and damaged a gas
grill in New Jersey, which Lite
Cylinder’s owner admitted was a result
of a flaw in the seam, (2) signed
employee statements regarding an injury
to an Independent Inspection Authority
(IIA) employee during a low pressure
test at Lite Cylinder’s facility, and (3) a
report from Freudenberg Texbond
regarding a cylinder that separated at
their Macon, Georgia facility on
September 7, 2012. Lite Cylinder
employees also described a cylinder
failure that injured several people in the
Dominican Republic, which involved
33-pound DOT–SP 13957 cylinders.
In addition to the failures described
above, PHMSA discovered that, from
January 14, 2009 to September 25, 2012,
approximately 19 cylinder owners had
returned DOT–SP 14652 cylinders due
to sidewall or bottom leaks. Lite
Cylinder documented most of these
returns in their complaint log, but failed
to report them to PHMSA.
2. Failed to comply with PHMSA
Notice of Suspension dated May 10,
2007, which required Lite Cylinder to
cease the sales of all DOT–SP 13957
cylinders.
On May 10, 2007, the PHMSA issued
a Notice of Suspension of DOT–SP
13957, which prohibited the
manufacture and continued use of 33pound DOT–SP 13957 cylinders.
PHMSA’s investigators obtained an
Invoice # 2070, dated July 17, 2008,
which shows that Lite Cylinder sold and
shipped one thousand cylinders to
Cocigas SA in Canabacos, Santiago
Dominican Republic. The invoice listed
the cylinders as ‘‘33# Composite Lite
Cylinder Complete’’ and provided
instructions on how to obtain a copy of
DOT–SP 14562, the special permit that
PHMSA issued which allowed resumed
use of 10 pound and 20 pound DOT–SP
13957 cylinder under the authority of
DOT–SP 14562 without remarking.
Several Lite Cylinder employees,
including Mr. Reifschneider, Lite
Cylinder’s President, provided signed
statements saying that the cylinders sold
to Cocigas were manufactured under
DOT–SP 13957. Furthermore, PHMSA
has obtained photographs showing that
cylinders sold to Cocigas remained
marked as DOT–SP cylinders.
According to the statements, one of
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these cylinders subsequently failed
during transportation and injured
several occupants of the transport
vehicle.
3. Failed to test DOT–SP 14562
cylinders at the minimum test pressure
of 480 psi as required by Paragraph 7.a.1
of the Fifth Revision issued on October
19, 2011.
On October 19, 2011, PHMSA granted
Lite Cylinder’s request for a 5th
Revision to DOT–SP 14562, which
increased the maximum service
pressure for these cylinders to 320 psi
and the minimum test pressure to 480
psi. Lite Cylinder’s manufacturer’s
reports to PHMSA indicate that it has
tested 11,416 DOT–SP 14562 cylinders
at 441 psi since the 5th Revision became
effective on October 19, 2011.
4. Failed to conduct cycle and burst
testing at random intervals, as required
by DOT–SP 14562, Paragraphs 7.a.10.ii–
.iii.
DOT–SP 14562 requires cycle testing
for one cylinder taken at random from
each group of 1000 cylinders, and burst
testing for one cylinder taken at random
from each run of 200 cylinders or less.
Lite Cylinder’s records show that the
company conducted all of the required
cycle and burst tests at the beginning of
each lot manufacturing process, rather
than taking random samples.
5. Failed to manufacture DOT–SP
14562 cylinders in accordance with the
Quality Systems Manual (QSM) on file
with PHMSA’s Permits and Approvals
Division, as required by Paragraph 7.a of
DOT–SP 14562.
PHMSA’s review of Lite Cylinder’s
manufacturing records show that the
company failed to follow the
requirements of the QSM on file with
PHMSA. Specifically, Lite Cylinder:
• Continued manufacturing DOT–SP
14562 cylinders after puck tests failed to
meet the required hardness test limits;
• Failed to perform and document
grinding wheel adjustments and
inspections to ensure that the joiner was
properly aligned and operating as
required; and
• Failed to perform burst testing
following a cylinder failure during the
manufacturing process.
6. Failed to notify PHMSA of changes
to its QSM as required by Paragraph 7.a
of DOT–SP 14562.
DOT–SP 14562 required Lite Cylinder
to manufacture cylinders in accordance
with the QSM on file with PHMSA, and
to provide written notice to PHMSA of
any changes to the QSM. Lite Cylinder
made significant changes to its QSM on
February 14, 2008 (e.g. puck testing
procedures, joiner maintenance
requirements, resin and hardener flow
metering), but never submitted the
revisions to PHMSA.
7. Marked and sold ‘‘DOT–SP 14562’’
cylinders that were not designed and
manufactured in conformance with
TLCCI drawings D10DOT, D10DOTAS,
D20DOT, D20DOTAS, DOT 33–100–
D0001, DOT 33–100–D0002, DOT 33–
100–D0003, DOT 33–D0004 on file with
PHMSA’s Office of Hazardous Materials
Safety—Approvals and Permits as
required by Paragraph 7.a of DOT–SP
14562.
On May 17, 2013, PHMSA discovered
that a prototype cylinder manufactured
by Lite Cylinder had separated
circumferentially while in service
powering a lawn mower. Upon further
investigation, PHMSA discovered that
Lite Cylinder had sold 40 similar
cylinders marked as ‘‘DOT–SP 14562’’
to Onyx, a retailer in Stanley, North
Carolina. On May 22, 2013, PHMSA
obtained samples of the 29 composite
cylinders delivered to Onyx, which
included 20 pound, 2-hole cylinders,
and discovered that the serial numbers
for the sample cylinders corresponded
to a 2-hole design classified as ‘‘DC20 2
Hole’’ in Lite Cylinder’s master list of
cylinders manufactured since 2007.
There is no approved design drawing on
file with PHMSA authorizing the 20
pound, 2-hole design.
PHMSA also obtained cylinders from
Mesa, Arizona with a 10 pound, 3-hole
design, that were marked ‘‘DOT–SP
14562.’’ There is no approved design
drawing on file with PHMSA
authorizing a 10 pound, 3-hole design.
Based on this evidence, PHMSA finds
that Lite Cylinder marked, sold and
offered for transportation unapproved
cylinders in violation of Paragraph 7.a
of DOT–SP 14562. This further
demonstrates Lite Cylinder’s pattern of
making unilateral changes to its
manufacturing process, quality control
oversight, and cylinder designs without
first seeking PHMSA’s approval.
Additional Unsafe Conditions and
Practices
During the September 28, 2012
inspection, PHMSA noted several
equipment issues related to Lite
Cylinder’s production process. Lite
Cylinder had installed an alarm and
automatic shutdown device to stop
manufacturing if the hardening catalyst
required to chemically weld the
cylinder seams was not being properly
added during the gluing process.
Several Lite Cylinder employees
provided statements that the alarm and
automatic shutdown process had never
functioned as designed, and indicated
that the shutdown device had not
stopped the manufacturing process
when it should have detected
insufficient hardening catalyst.
PHMSA is also concerned about the
increasing failure rate that Lite
Cylinder’s test reports indicate for DOT–
SP 14562 cylinders. PHMSA’s
investigation revealed that in 2009,
DOT–SP cylinders had a failure rate of
4%. From 2009–2012, that failure rate
has doubled to 9.4%. This failure rate
may have been even higher from
October 19, 2011 to present if Lite
Cylinder had been testing at 480 psi, as
required by DOT–SP 14562, rather than
the 441 psi at which they were testing.
This trend toward higher failure rates
has given PHMSA serious concerns
regarding the safety of cylinders
manufactured by Lite Cylinder. The
following table summarizes failure rates
by year and cylinder volume:
FAILURE RATES FOR DOT–SP 14562 CYLINDERS
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2009
(percent)
10 lb .................................................................................................................................
20 lb .................................................................................................................................
25 lb .................................................................................................................................
33 lb .................................................................................................................................
Overall ..............................................................................................................................
At the time of the suspension and
proposal to terminate on October 10,
2012, Lite Cylinder had approximately
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1,952 cylinders that were manufactured
and marked prior to October 9, 2012.
The company requested permission to
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2010
(percent)
4
1
5
N/A
4
6
5
3
65
7
2011
(percent)
7
14
2
16
11
2012
(percent)
7
9
N/A
36
9.4
sell these cylinders. To evaluate the
level of safety of the cylinders and the
approximately 55,000 currently in
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service, PHMSA developed a testing
protocol (Test Plan) to determine
whether these cylinders met the
prescribed designs and the minimum
safety level. The Test Plan mandated
pressure testing of each cylinder, and
sample ambient cycle testing and
environmental cycle testing of cylinders
from each of the manufacturing lots
represented. Cylinders subjected to the
cycle tests were then put through the
hydrostatic pressure test to burst.
Each cylinder was also subjected to a
pneumatic pressure test at test pressure
(1.5 x service pressure), followed by a
pneumatic leak pressure test conducted
at service pressure in a water bath.
During the leak pressure test, leaks can
be detected by bubbles leaving the
cylinder. The leak pressure test ensures
that the cylinder will not leak hazardous
materials at the maximum charge
pressure it will experience in service.
Of the 1,952 cylinders that Lite
Cylinder had on hand, PHMSA
concluded that approximately 804 were
not manufactured in accordance with
the hardness ‘‘puck test’’ requirements
of DOT–SP 14562 and excluded these
from testing. Of the 1,148 remaining
cylinders that Lite Cylinder certified as
meeting the special permit
requirements, 53 leaked during the
pneumatic leak pressure testing,
demonstrating a failure rate of
approximately 4.6% in violation of the
requirements of DOT–SP 14562 and the
QSM. These cylinders were previously
tested during the manufacturing
process, and Lite Cylinder certified
them as meeting all requirements of the
special permit. Therefore, the entire
sample should have been leak-free.
PHMSA believes that the cylinders
previously sold by Lite Cylinder,
although tested during the
manufacturing process, may also exhibit
leakage in service. These cylinders are
commonly used to contain flammable
gas. PHMSA considers the risk of fire
due to leaking DOT–SP 14562 cylinders
containing flammable gas to be
unacceptable. In order to avoid potential
injury or damage, PHMSA is removing
from service all DOT–SP 14562
cylinders.
Finding of Imminent Hazard
Based on the foregoing, PHMSA finds
that (1) Lite Cylinder marked and sold
‘‘DOT–SP 14562’’ cylinders that were
not designed and manufactured in
conformance with approved design
drawings on file with PHMSA, (2) DOT–
SP 14562 cylinders have been involved
in unreported cylinder failures resulting
in at least one serious injury and
property damage, (3) Lite Cylinder has
failed to conduct required testing,
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maintain quality control procedures,
and exhibited an increasing failure rate
in its manufacture of DOT–SP 14562
cylinders, (4) Lite Cylinder has failed to
detect and condemn leaking cylinders
during its manufacturing process and
has marked and offered leaking
cylinders for transportation in
commerce. Therefore, the forgoing
violations and unsafe conditions and
practices are presenting a substantial
likelihood of severe personal injury or a
substantial endangerment to health,
property or the environment and
constitute or are causing an imminent
hazard to the public safety.
Remedial Action
In order to avoid any potential injury
or damage, PHMSA is requiring the
removal from service of all affected
packagings. Effective immediately, Lite
Cylinder must:
(1) Contact all Cylinder Owners to
whom affected packagings have been
sold and inform them of the Emergency
Recall Order and provide them the
proper and necessary instruction and
information for the safe handling and
discharge of hazardous material and for
the return shipment of cylinders no later
than five business days of this Order.
The information must include
instruction that directs Cylinder Owners
to use only qualified persons, trained in
handling cylinders in accordance with
Federal regulations, and to safely
discharge, purge, and remove the valve
from, the cylinder.
(2) Confirm that the returned
cylinders are purged and emptied.
(3) Ensure that the purged and empty
cylinders are returned to the
manufacturer at the following address:
The Lite Cylinder Company, 139
Southeast Parkway Court, Franklin, TN
37064.
(4) Provide by email the serial number
of each returned cylinder to PHMSA at
specialpermits@dot.gov (referencing
‘‘Lite Cylinder’’ in the subject line) by
the close of business daily. Please note
any problems that may have been
witnessed with the cylinder (e.g.
leakage, damage, etc.).
(5) Permanently obliterate the special
permit specification markings and
render them incapable of holding
pressure within five business days of
possession, including those in
inventory.
Information Gathering
Any person who is aware of a failure
or incident relating to any cylinder
marked DOT–SP 14562, DOT–SP 13957,
DOT–SP 13105; any cylinder requalified
under H706; and other cylinder
manufactured under M5729 is requested
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34159
to contact PHMSA, as instructed in the
Emergency Contact Official section
below, as soon as possible. PHMSA
requests information on all cylinders
made under the foregoing special
permits and approvals, which include
10-pound, 20-pound, 25-pound and 33pound cylinders,
Rescission of this Order
Before this order can be rescinded,
Lite Cylinder must be able to
demonstrate adequately to the Associate
Administrator that you have taken
actions to remedy the unsafe conditions
and practices and that such actions
taken have, in fact, resulted in an
imminent hazard no longer existing. If
Lite Cylinder is able to make such a
demonstration, the Associate
Administrator will issue a Rescission
Order
Failure to Comply
Any person failing to comply with
this Emergency Recall Order is subject
to civil penalties of up to $175,000 for
each violation or for each day they are
found to be in violation (49 U.S.C.
5123). A person violating this
Emergency Recall Order is also subject
to criminal prosecution, which may
result in fines under title 18,
imprisonment of up to ten years, or both
(49 U.S.C. 5124).
Right to Review
Any person to whom the Associate
Administrator has issued an Emergency
Recall Order is entitled to review of the
order pursuant to 49 U.S.C. 5121(d)(3)
and in accordance with section 554 of
the Administrative Procedure Act
(APA), 5 U.S.C. 500 et seq. Any petition
seeking relief must be filed within 20
calendar days of the date of this order
(49 U.S.C. 5121(d)(3)), and include one
copy addressed to the Chief Safety
Officer (CSO) for the Pipeline and
Hazardous Materials Safety
Administration, United States
Department of Transportation, 1200
New Jersey Avenue SE., Washington DC
20590–0001 (ATTENTION: Office of
Chief Counsel) (electronically to
PHMSACHIEFCOUNSEL@DOT.GOV)
and one copy addressed to U.S. DOT
Dockets, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590 (https://
Regulations.gov under Docket
#PHMSA–2013–0123). Furthermore, a
petition for review must state the
material facts at issue which the
petitioner believes dispute the existence
of an imminent hazard and must
include all evidence and exhibits to be
considered. The petition must also state
E:\FR\FM\06JNN1.SGM
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34160
Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Notices
the relief sought. Within 30 days from
the date the petition for review is filed,
the CSO must approve or deny the relief
in writing; or find that the imminent
hazard continues to exist, and extend
the original Emergency Recall Order. In
response to a petition for review, the
CSO may grant the requested relief in
whole or in part; or may order other
relief as justice may require (including
the immediate assignment of the case to
the Office of Hearings for a formal
hearing on the record).
In order to request a formal hearing in
accordance with 5 U.S.C. 554, the
petition must state that a formal hearing
is requested, and must identify the
material facts in dispute giving rise to
the request for a hearing. A petition
which requests a formal hearing must
include an additional copy addressed to
the Chief Administrative Law Judge,
U.S. Department of Transportation,
Office of Hearings, M–20, Room E12–
320, 1200 New Jersey Avenue SE.,
Washington, DC 20590 (FAX: (202) 366–
7536).
Emergency Contact Official
If you have any questions concerning
this Emergency Restriction/Prohibition
Order you should contact John
Heneghan, Regional Director, at (404)
832–1140, john.heneghan@dot.gov, or
233 Peachtree Street, Suite 602, Atlanta,
GA 30303 or Aaron Mitchell, Director
Field Services Support, at (202) 366–
4455, aaron.mitchell@dot.gov or 1200
New Jersey Avenue SE., Washington,
DC 20590.
Issued in Washington, DC, on May 31,
2013.
Magdy El-Sibaie,
Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2013–13354 Filed 6–5–13; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 33 (Sub-No. 283X)]
mstockstill on DSK4VPTVN1PROD with NOTICES
Union Pacific Railroad Company—
Abandonment Exemption—In Iron
County, Utah
Union Pacific Railroad Company (UP)
has filed a verified notice of exemption
under 49 CFR part 1152 subpart F—
Exempt Abandonments for UP to
abandon the Cedar City Subdivision
from milepost 30.80 to the end of the
line at milepost 31.83 in Cedar City, a
total distance of 1.03 miles in Iron
County, Utah (the Line). The Line
VerDate Mar<15>2010
17:35 Jun 05, 2013
Jkt 229001
traverses United States Postal Service
Zip Code 84721.
UP has certified that: (1) No local
traffic has moved over the Line for at
least two years; (2) there is no overhead
traffic on the Line; (3) no formal
complaint filed by a user of rail service
on the Line (or by a state or local
government entity acting on behalf of
such user) regarding cessation of service
over the Line either is pending with the
Board or with any U.S. District Court or
has been decided in favor of
complainant within the two-year period;
and (4) the requirements at 49 CFR
1105.7(c) (environmental report), 49
CFR 1105.11 (transmittal letter), 49 CFR
1105.12 (newspaper publication), and
49 CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line—Abandonment
Portion Goshen Branch Between Firth &
Ammon, in Bingham & Bonneville
Counties, Idaho, 360 I.C.C. 91 (1979). To
address whether this condition
adequately protects affected employees,
a petition for partial revocation under
49 U.S.C. 10502(d) must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on July 6,
2013, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,1
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),2 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by June 17,
2013. Petitions to reopen or requests for
public use conditions under 49 CFR
1152.28 must be filed by June 26, 2013,
with the Surface Transportation Board,
395 E Street, SW., Washington, DC
20423–0001.
A copy of any petition filed with the
Board should be sent to UP’s
representative: Mack H. Shumate, Jr.,
101 North Wacker Drive, #1920,
Chicago, IL 60606.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
cannot be made before the exemption’s effective
date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C.2d 377 (1989). Any request for a stay should
be filed as soon as possible so that the Board may
take appropriate action before the exemption’s
effective date.
2 Each OFA must be accompanied by the filing
fee, which is currently set at $1,600. See 49 CFR
1002.2 (f)(25).
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
UP has filed a combined
environmental and historic report that
addresses the effects, if any, of the
abandonment on the environment and
historic resources. OEA will issue an
environmental assessment (EA) by June
11, 2013. Interested persons may obtain
a copy of the EA by writing to OEA
(Room 1100, Surface Transportation
Board, Washington, DC 20423–0001) or
by calling OEA, at (202) 245–0305.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339. Comments on
environmental and historic preservation
matters must be filed within 15 days
after the EA becomes available to the
public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), UP shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line. If
consummation has not been effected by
UP’s filing of a notice of consummation
by June 6, 2014, and there are no legal
or regulatory barriers to consummation,
the authority to abandon will
automatically expire.
Board decisions and notices are
available on our Web site at
WWW.STB.DOT.GOV.
Decided: June 3, 2013.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013–13412 Filed 6–5–13; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Proposed Collection; Comment
Request; Office of Financial Stability
Departmental Offices, Treasury.
Notice and request for
comments.
AGENCY:
ACTION:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the Office of
Financial Stability within the
Department of the Treasury is soliciting
SUMMARY:
E:\FR\FM\06JNN1.SGM
06JNN1
]]>Agencies
[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Notices]
[Pages 34156-34160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13354]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2013-0123, Notice No.13-09]
Hazardous Materials: Emergency Recall Order
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Emergency Recall Order.
-----------------------------------------------------------------------
SUMMARY: This notice publishes Emergency Recall Order 2013-002 (DOT
Docket Number PHMSA-2013-0123), issued on May 24, 2013 to The Lite
Cylinder Company, Inc. The Office of Hazardous Materials Safety issued
this Emergency Order pursuant to authority granted in 49 U.S.C. 5121(d)
and 49 CFR 109.17(c), and is published in accordance with 49 CFR
109.19(f)(2)(iv). Emergency Order 2013-002 mandates a recall of (1) all
cylinders manufactured by The Lite Cylinder Company, Inc. and marked as
authorized under DOT-SP 14562 (and DOT-SP 13957 as authorized therein)
and DOT-SP 13105, (2) any cylinder requalified under H706, and (3) any
cylinders manufactured under M5729 (collectively, ``the affected
packaging''), and was issued after PHMSA's finding that the affected
packaging constitutes, or are causing, an imminent hazard to public
safety.
DATES: Effective Date:
May 24, 2013.
FOR FURTHER INFORMATION CONTACT: Adam Horsley, Attorney, Office of the
Chief Counsel, PHMSA, 202-366-4400.
SUPPLEMENTARY INFORMATION: The full text of Emergency Recall Order
2013-002 is as follows:
This notice constitutes an Emergency Recall Order by the United
States Department of Transportation (DOT) pursuant to 49 U.S.C. 5121(d)
and 49 CFR 109.17(c); and pursuant to delegation of authority to the
Associate Administrator, Pipeline and Hazardous Materials Safety
Administration (PHMSA), Office of Hazardous Materials Safety. By this
Order, PHMSA is mandating a recall of all cylinders manufactured by The
Lite Cylinder Company, Inc. (Lite Cylinder) and marked as authorized
under DOT-SP 14562 (and DOT-SP 13957 as authorized therein), DOT-SP
13105; any cylinder requalified under H706; and any cylinders
manufactured under M5729 (hereinafter referred to as affected
packaging(s)). In addition, this order applies to any person who is in
possession of an affected packaging subject to this order.
PHMSA finds that the affected packagings constitute or are causing
an imminent hazard to public safety. For more detailed information see
``Background/Basis for Order'' below.
This Order Applies to
(1) Lite Cylinder, its officers, directors, employees,
subcontractors, investors and agents (``Lite Cylinder''); and
(2) Any person who is in possession of an affected packaging,
including any officers, directors, employees, subcontractors,
investors, and agents of said person (for purposes of this Order,
``Cylinder Owners'').
Under no circumstances should a cylinder described in this
emergency recall order be filled, refilled, or used for the
transportation of hazardous materials.
Effective Immediately, Lite Cylinder Must
(1) Contact all Cylinder Owners to whom affected packagings have
been
[[Page 34157]]
sold and inform them of the Emergency Recall Order and provide them the
proper and necessary instruction and information for the safe handling
and discharge of hazardous material and for the return shipment of
cylinders no later than five business days of this Order. The
information must include instruction that directs Cylinder Owners to
use only qualified persons, trained in handling cylinders in accordance
with Federal regulations, and to safely discharge, purge, and remove
the valve from, the cylinder.
(2) Confirm that the returned cylinders are purged and emptied.
(3) Ensure that the purged and empty cylinders are returned to the
manufacturer at the following address: The Lite Cylinder Company, 139
Southeast Parkway Court, Franklin, TN 37064.
(4) Provide by email the serial number of each returned cylinder to
PHMSA at specialpermits@dot.gov (referencing ``Lite Cylinder'' in the
subject line) by the close of business daily. Please note any problems
that may have been witnessed with the cylinder (e.g. leakage, damage,
etc.).
(5) Permanently obliterate the special permit specification
markings and render them incapable of holding pressure within five
business days of possession, including those in inventory.
PHMSA Urgently Advises Cylinder Owners to
(1) Take proper safeguards in identifying and handling the affected
packagings identified in this Order,
(2) Use the instruction and information provided by Lite Cylinder
for the safe handling and discharge of hazardous material and for the
return shipment of cylinders. This information will guide Cylinder
Owners to use only qualified persons, trained in handling cylinders in
accordance with Federal regulations, and to safely discharge, purge,
and remove the valve from, the cylinder.
(3) Return the purged and empty cylinders to the manufacturer at
the following address: The Lite Cylinder Company, 139 Southeast Parkway
Court, Franklin, TN 37064.
This Order is effective immediately and remains in effect unless
withdrawn in writing by the Associate Administrator or his designee, or
until it otherwise expires by operation of law.
Information Gathering
Any person who is aware of a failure or incident relating to any
cylinder marked DOT-SP 14562, DOT-SP 13957, DOT-SP 13105; any cylinder
requalified under H706; and other cylinder manufactured under M5729 is
requested to contact PHMSA, as instructed in the Emergency Contact
Official section below, as soon as possible. PHMSA requests information
on all cylinders made under the foregoing special permits and
approvals, which include 10-pound, 20-pound, 25-pound and 33-pound
cylinders.
Jurisdiction
Lite Cylinder manufactures or has manufactured, marked, certified
and sold composite cylinders as meeting DOT-SP 14562, DOT-SP 13957, and
DOT-SP 13105; performed cylinder requalification under approval H706;
and manufactured cylinders under Registration Number M5729, which are
used to transport hazardous materials within the United States and
therefore is a ``person,'' as defined by 49 U.S.C. 5102(9), and, a
``person'' under 1 U.S.C. 1. Accordingly, Lite Cylinder, or any person
in possession of an affected packaging, is subject to the authority and
jurisdiction of the Associate Administrator, including the authority to
impose emergency restrictions, prohibitions, recalls, or out-of-service
orders, without notice or an opportunity for hearing, to the extent
necessary to abate the imminent hazard (49 U.S.C. 5121(d)).
Background/Basis for Order
On October 10, 2012, PHMSA suspended Lite Cylinder's special
permits DOT-SP 14562, (and DOT-SP 13957 as authorized therein), and
DOT-SP 13105, cylinder requalification approval H706 and manufacturer`s
Registration Number approval M5729, and proposed termination of the
above approvals and special permits unless Lite Cylinder could show
cause why such action should not be taken. Concurrent with this action
today, PHMSA has terminated the above special permits and approvals for
cylinder requalification, and manufacturer's Registration Numbers. Upon
reliable and credible information received in the course of
investigations, PHMSA has learned that Lite Cylinder has:
1. Failed to notify the Associate Administrator for Hazardous
Materials Safety, in writing, of incidents involving DOT-SP 14562
cylinder failures, as required by DOT-SP 14562, Paragraph 12.
Paragraph 12 of DOT-SP 14562 requires the grantee to notify the
Associate Administrator for Hazardous Materials Safety, in writing, of
any incident involving a package (including a cylinder failure),
shipment or operation conducted under the terms of the special permit.
PHMSA discovered that Lite Cylinder failed to report three cylinder
failures in service and one cylinder failure during production testing,
in violation of DOT-SP 14562. PHMSA obtained (1) a copy of a settlement
agreement Lite Cylinder entered into with Robert Nicholson on January
20, 2012 after a DOT-SP 14562 cylinder ruptured and damaged a gas grill
in New Jersey, which Lite Cylinder's owner admitted was a result of a
flaw in the seam, (2) signed employee statements regarding an injury to
an Independent Inspection Authority (IIA) employee during a low
pressure test at Lite Cylinder's facility, and (3) a report from
Freudenberg Texbond regarding a cylinder that separated at their Macon,
Georgia facility on September 7, 2012. Lite Cylinder employees also
described a cylinder failure that injured several people in the
Dominican Republic, which involved 33-pound DOT-SP 13957 cylinders.
In addition to the failures described above, PHMSA discovered that,
from January 14, 2009 to September 25, 2012, approximately 19 cylinder
owners had returned DOT-SP 14652 cylinders due to sidewall or bottom
leaks. Lite Cylinder documented most of these returns in their
complaint log, but failed to report them to PHMSA.
2. Failed to comply with PHMSA Notice of Suspension dated May 10,
2007, which required Lite Cylinder to cease the sales of all DOT-SP
13957 cylinders.
On May 10, 2007, the PHMSA issued a Notice of Suspension of DOT-SP
13957, which prohibited the manufacture and continued use of 33-pound
DOT-SP 13957 cylinders. PHMSA's investigators obtained an Invoice
2070, dated July 17, 2008, which shows that Lite Cylinder
sold and shipped one thousand cylinders to Cocigas SA in Canabacos,
Santiago Dominican Republic. The invoice listed the cylinders as
``33 Composite Lite Cylinder Complete'' and provided
instructions on how to obtain a copy of DOT-SP 14562, the special
permit that PHMSA issued which allowed resumed use of 10 pound and 20
pound DOT-SP 13957 cylinder under the authority of DOT-SP 14562 without
remarking. Several Lite Cylinder employees, including Mr.
Reifschneider, Lite Cylinder's President, provided signed statements
saying that the cylinders sold to Cocigas were manufactured under DOT-
SP 13957. Furthermore, PHMSA has obtained photographs showing that
cylinders sold to Cocigas remained marked as DOT-SP cylinders.
According to the statements, one of
[[Page 34158]]
these cylinders subsequently failed during transportation and injured
several occupants of the transport vehicle.
3. Failed to test DOT-SP 14562 cylinders at the minimum test
pressure of 480 psi as required by Paragraph 7.a.1 of the Fifth
Revision issued on October 19, 2011.
On October 19, 2011, PHMSA granted Lite Cylinder's request for a
5th Revision to DOT-SP 14562, which increased the maximum service
pressure for these cylinders to 320 psi and the minimum test pressure
to 480 psi. Lite Cylinder's manufacturer's reports to PHMSA indicate
that it has tested 11,416 DOT-SP 14562 cylinders at 441 psi since the
5th Revision became effective on October 19, 2011.
4. Failed to conduct cycle and burst testing at random intervals,
as required by DOT-SP 14562, Paragraphs 7.a.10.ii-.iii.
DOT-SP 14562 requires cycle testing for one cylinder taken at
random from each group of 1000 cylinders, and burst testing for one
cylinder taken at random from each run of 200 cylinders or less. Lite
Cylinder's records show that the company conducted all of the required
cycle and burst tests at the beginning of each lot manufacturing
process, rather than taking random samples.
5. Failed to manufacture DOT-SP 14562 cylinders in accordance with
the Quality Systems Manual (QSM) on file with PHMSA's Permits and
Approvals Division, as required by Paragraph 7.a of DOT-SP 14562.
PHMSA's review of Lite Cylinder's manufacturing records show that
the company failed to follow the requirements of the QSM on file with
PHMSA. Specifically, Lite Cylinder:
Continued manufacturing DOT-SP 14562 cylinders after puck
tests failed to meet the required hardness test limits;
Failed to perform and document grinding wheel adjustments
and inspections to ensure that the joiner was properly aligned and
operating as required; and
Failed to perform burst testing following a cylinder
failure during the manufacturing process.
6. Failed to notify PHMSA of changes to its QSM as required by
Paragraph 7.a of DOT-SP 14562.
DOT-SP 14562 required Lite Cylinder to manufacture cylinders in
accordance with the QSM on file with PHMSA, and to provide written
notice to PHMSA of any changes to the QSM. Lite Cylinder made
significant changes to its QSM on February 14, 2008 (e.g. puck testing
procedures, joiner maintenance requirements, resin and hardener flow
metering), but never submitted the revisions to PHMSA.
7. Marked and sold ``DOT-SP 14562'' cylinders that were not
designed and manufactured in conformance with TLCCI drawings D10DOT,
D10DOTAS, D20DOT, D20DOTAS, DOT 33-100-D0001, DOT 33-100-D0002, DOT 33-
100-D0003, DOT 33-D0004 on file with PHMSA's Office of Hazardous
Materials Safety--Approvals and Permits as required by Paragraph 7.a of
DOT-SP 14562.
On May 17, 2013, PHMSA discovered that a prototype cylinder
manufactured by Lite Cylinder had separated circumferentially while in
service powering a lawn mower. Upon further investigation, PHMSA
discovered that Lite Cylinder had sold 40 similar cylinders marked as
``DOT-SP 14562'' to Onyx, a retailer in Stanley, North Carolina. On May
22, 2013, PHMSA obtained samples of the 29 composite cylinders
delivered to Onyx, which included 20 pound, 2-hole cylinders, and
discovered that the serial numbers for the sample cylinders
corresponded to a 2-hole design classified as ``DC20 2 Hole'' in Lite
Cylinder's master list of cylinders manufactured since 2007. There is
no approved design drawing on file with PHMSA authorizing the 20 pound,
2-hole design.
PHMSA also obtained cylinders from Mesa, Arizona with a 10 pound,
3-hole design, that were marked ``DOT-SP 14562.'' There is no approved
design drawing on file with PHMSA authorizing a 10 pound, 3-hole
design.
Based on this evidence, PHMSA finds that Lite Cylinder marked, sold
and offered for transportation unapproved cylinders in violation of
Paragraph 7.a of DOT-SP 14562. This further demonstrates Lite
Cylinder's pattern of making unilateral changes to its manufacturing
process, quality control oversight, and cylinder designs without first
seeking PHMSA's approval.
Additional Unsafe Conditions and Practices
During the September 28, 2012 inspection, PHMSA noted several
equipment issues related to Lite Cylinder's production process. Lite
Cylinder had installed an alarm and automatic shutdown device to stop
manufacturing if the hardening catalyst required to chemically weld the
cylinder seams was not being properly added during the gluing process.
Several Lite Cylinder employees provided statements that the alarm and
automatic shutdown process had never functioned as designed, and
indicated that the shutdown device had not stopped the manufacturing
process when it should have detected insufficient hardening catalyst.
PHMSA is also concerned about the increasing failure rate that Lite
Cylinder's test reports indicate for DOT-SP 14562 cylinders. PHMSA's
investigation revealed that in 2009, DOT-SP cylinders had a failure
rate of 4%. From 2009-2012, that failure rate has doubled to 9.4%. This
failure rate may have been even higher from October 19, 2011 to present
if Lite Cylinder had been testing at 480 psi, as required by DOT-SP
14562, rather than the 441 psi at which they were testing. This trend
toward higher failure rates has given PHMSA serious concerns regarding
the safety of cylinders manufactured by Lite Cylinder. The following
table summarizes failure rates by year and cylinder volume:
Failure Rates for DOT-SP 14562 Cylinders
----------------------------------------------------------------------------------------------------------------
2009 2010 2011 2012
(percent) (percent) (percent) (percent)
----------------------------------------------------------------------------------------------------------------
10 lb....................................................... 4 6 7 7
20 lb....................................................... 1 5 14 9
25 lb....................................................... 5 3 2 N/A
33 lb....................................................... N/A 65 16 36
Overall..................................................... 4 7 11 9.4
----------------------------------------------------------------------------------------------------------------
At the time of the suspension and proposal to terminate on October
10, 2012, Lite Cylinder had approximately 1,952 cylinders that were
manufactured and marked prior to October 9, 2012. The company requested
permission to sell these cylinders. To evaluate the level of safety of
the cylinders and the approximately 55,000 currently in
[[Page 34159]]
service, PHMSA developed a testing protocol (Test Plan) to determine
whether these cylinders met the prescribed designs and the minimum
safety level. The Test Plan mandated pressure testing of each cylinder,
and sample ambient cycle testing and environmental cycle testing of
cylinders from each of the manufacturing lots represented. Cylinders
subjected to the cycle tests were then put through the hydrostatic
pressure test to burst.
Each cylinder was also subjected to a pneumatic pressure test at
test pressure (1.5 x service pressure), followed by a pneumatic leak
pressure test conducted at service pressure in a water bath. During the
leak pressure test, leaks can be detected by bubbles leaving the
cylinder. The leak pressure test ensures that the cylinder will not
leak hazardous materials at the maximum charge pressure it will
experience in service.
Of the 1,952 cylinders that Lite Cylinder had on hand, PHMSA
concluded that approximately 804 were not manufactured in accordance
with the hardness ``puck test'' requirements of DOT-SP 14562 and
excluded these from testing. Of the 1,148 remaining cylinders that Lite
Cylinder certified as meeting the special permit requirements, 53
leaked during the pneumatic leak pressure testing, demonstrating a
failure rate of approximately 4.6% in violation of the requirements of
DOT-SP 14562 and the QSM. These cylinders were previously tested during
the manufacturing process, and Lite Cylinder certified them as meeting
all requirements of the special permit. Therefore, the entire sample
should have been leak-free.
PHMSA believes that the cylinders previously sold by Lite Cylinder,
although tested during the manufacturing process, may also exhibit
leakage in service. These cylinders are commonly used to contain
flammable gas. PHMSA considers the risk of fire due to leaking DOT-SP
14562 cylinders containing flammable gas to be unacceptable. In order
to avoid potential injury or damage, PHMSA is removing from service all
DOT-SP 14562 cylinders.
Finding of Imminent Hazard
Based on the foregoing, PHMSA finds that (1) Lite Cylinder marked
and sold ``DOT-SP 14562'' cylinders that were not designed and
manufactured in conformance with approved design drawings on file with
PHMSA, (2) DOT-SP 14562 cylinders have been involved in unreported
cylinder failures resulting in at least one serious injury and property
damage, (3) Lite Cylinder has failed to conduct required testing,
maintain quality control procedures, and exhibited an increasing
failure rate in its manufacture of DOT-SP 14562 cylinders, (4) Lite
Cylinder has failed to detect and condemn leaking cylinders during its
manufacturing process and has marked and offered leaking cylinders for
transportation in commerce. Therefore, the forgoing violations and
unsafe conditions and practices are presenting a substantial likelihood
of severe personal injury or a substantial endangerment to health,
property or the environment and constitute or are causing an imminent
hazard to the public safety.
Remedial Action
In order to avoid any potential injury or damage, PHMSA is
requiring the removal from service of all affected packagings.
Effective immediately, Lite Cylinder must:
(1) Contact all Cylinder Owners to whom affected packagings have
been sold and inform them of the Emergency Recall Order and provide
them the proper and necessary instruction and information for the safe
handling and discharge of hazardous material and for the return
shipment of cylinders no later than five business days of this Order.
The information must include instruction that directs Cylinder Owners
to use only qualified persons, trained in handling cylinders in
accordance with Federal regulations, and to safely discharge, purge,
and remove the valve from, the cylinder.
(2) Confirm that the returned cylinders are purged and emptied.
(3) Ensure that the purged and empty cylinders are returned to the
manufacturer at the following address: The Lite Cylinder Company, 139
Southeast Parkway Court, Franklin, TN 37064.
(4) Provide by email the serial number of each returned cylinder to
PHMSA at specialpermits@dot.gov (referencing ``Lite Cylinder'' in the
subject line) by the close of business daily. Please note any problems
that may have been witnessed with the cylinder (e.g. leakage, damage,
etc.).
(5) Permanently obliterate the special permit specification
markings and render them incapable of holding pressure within five
business days of possession, including those in inventory.
Information Gathering
Any person who is aware of a failure or incident relating to any
cylinder marked DOT-SP 14562, DOT-SP 13957, DOT-SP 13105; any cylinder
requalified under H706; and other cylinder manufactured under M5729 is
requested to contact PHMSA, as instructed in the Emergency Contact
Official section below, as soon as possible. PHMSA requests information
on all cylinders made under the foregoing special permits and
approvals, which include 10-pound, 20-pound, 25-pound and 33-pound
cylinders,
Rescission of this Order
Before this order can be rescinded, Lite Cylinder must be able to
demonstrate adequately to the Associate Administrator that you have
taken actions to remedy the unsafe conditions and practices and that
such actions taken have, in fact, resulted in an imminent hazard no
longer existing. If Lite Cylinder is able to make such a demonstration,
the Associate Administrator will issue a Rescission Order
Failure to Comply
Any person failing to comply with this Emergency Recall Order is
subject to civil penalties of up to $175,000 for each violation or for
each day they are found to be in violation (49 U.S.C. 5123). A person
violating this Emergency Recall Order is also subject to criminal
prosecution, which may result in fines under title 18, imprisonment of
up to ten years, or both (49 U.S.C. 5124).
Right to Review
Any person to whom the Associate Administrator has issued an
Emergency Recall Order is entitled to review of the order pursuant to
49 U.S.C. 5121(d)(3) and in accordance with section 554 of the
Administrative Procedure Act (APA), 5 U.S.C. 500 et seq. Any petition
seeking relief must be filed within 20 calendar days of the date of
this order (49 U.S.C. 5121(d)(3)), and include one copy addressed to
the Chief Safety Officer (CSO) for the Pipeline and Hazardous Materials
Safety Administration, United States Department of Transportation, 1200
New Jersey Avenue SE., Washington DC 20590-0001 (ATTENTION: Office of
Chief Counsel) (electronically to PHMSACHIEFCOUNSEL@DOT.GOV) and one
copy addressed to U.S. DOT Dockets, U.S. Department of Transportation,
1200 New Jersey Avenue SE., Room W12-140, Washington, DC 20590 (https://Regulations.gov under Docket PHMSA-2013-0123). Furthermore, a
petition for review must state the material facts at issue which the
petitioner believes dispute the existence of an imminent hazard and
must include all evidence and exhibits to be considered. The petition
must also state
[[Page 34160]]
the relief sought. Within 30 days from the date the petition for review
is filed, the CSO must approve or deny the relief in writing; or find
that the imminent hazard continues to exist, and extend the original
Emergency Recall Order. In response to a petition for review, the CSO
may grant the requested relief in whole or in part; or may order other
relief as justice may require (including the immediate assignment of
the case to the Office of Hearings for a formal hearing on the record).
In order to request a formal hearing in accordance with 5 U.S.C.
554, the petition must state that a formal hearing is requested, and
must identify the material facts in dispute giving rise to the request
for a hearing. A petition which requests a formal hearing must include
an additional copy addressed to the Chief Administrative Law Judge,
U.S. Department of Transportation, Office of Hearings, M-20, Room E12-
320, 1200 New Jersey Avenue SE., Washington, DC 20590 (FAX: (202) 366-
7536).
Emergency Contact Official
If you have any questions concerning this Emergency Restriction/
Prohibition Order you should contact John Heneghan, Regional Director,
at (404) 832-1140, john.heneghan@dot.gov, or 233 Peachtree Street,
Suite 602, Atlanta, GA 30303 or Aaron Mitchell, Director Field Services
Support, at (202) 366-4455, aaron.mitchell@dot.gov or 1200 New Jersey
Avenue SE., Washington, DC 20590.
Issued in Washington, DC, on May 31, 2013.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2013-13354 Filed 6-5-13; 8:45 am]
BILLING CODE 4910-60-P
