# Hazardous Materials: Requirements for UN Cylinders

- **operation:** document
- **citation:** 71 FR 33858
- **title:** Hazardous Materials: Requirements for UN Cylinders
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2006-06-12
- **effective on:** 2006-09-11
- **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.
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Federal Register, Volume 71 Issue 112 (Monday, June 12, 2006) [Federal Register Volume 71, Number 112 (Monday, June 12, 2006)] [Rules and Regulations] [Pages 33858-33896] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 06-5182] [[Page 33857]] ----------------------------------------------------------------------- Part III Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 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]] ----------------------------------------------------------------------- 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 http://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 thre
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