{"operation":"document","citation":"77 FR 31551","title":"Hazardous Materials; Miscellaneous Amendments Pertaining to DOT Specification Cylinders (RRR)","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2012-05-29","effective_on":null,"summary":"The Pipeline and Hazardous Materials Safety Administration (PHMSA) is considering amendments to the Hazardous Materials Regulations (HMR) to revise certain requirements applicable to the manufacture, use, and requalification of DOT specification cylinders. PHMSA is taking this action in response to petitions for rulemaking submitted by the regulated community and a review of the regulations applicable to compressed gas cylinders. PHMSA is not proposing specific amendments to the HMR; rather, we are seeking comment on the issues discussed in the ANPRM. While this ANPRM focuses on specific petitions for rulemaking and special permits, we will accept comments on the HMR applicable to compressed gas cylinders. These comments will be combined with a retrospective review of existing requirements aimed to modify, streamline, expand, or repeal existing rules that are outmoded, ineffective, insufficient, or excessively burdensome.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2012-12832.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2012-12832.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2012-12832","source_url":"https://www.federalregister.gov/documents/2012/05/29/2012-12832/hazardous-materials-miscellaneous-amendments-pertaining-to-dot-specification-cylinders-rrr","body":"Federal Register, Volume 77 Issue 103 (Tuesday, May 29, 2012) [Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)] [Proposed Rules] [Pages 31551-31562] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2012-12832] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 178, and 180 [Docket No. PHMSA-2011-0140 (HM-234)] RIN 2137-AE80 Hazardous Materials; Miscellaneous Amendments Pertaining to DOT Specification Cylinders (RRR) AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Advance notice of proposed rulemaking (ANPRM). ----------------------------------------------------------------------- SUMMARY: The Pipeline and Hazardous Materials Safety Administration (PHMSA) is considering amendments to the Hazardous Materials Regulations (HMR) to revise certain requirements applicable to the manufacture, use, and requalification of DOT specification cylinders. PHMSA is taking this action in response to petitions for rulemaking submitted by the regulated community and a review of the regulations applicable to compressed gas cylinders. PHMSA is not proposing specific amendments to the HMR; rather, we are seeking comment on the issues discussed in the ANPRM. While this ANPRM focuses on specific petitions for rulemaking and special permits, we will accept comments on the HMR applicable to compressed gas cylinders. These comments will be combined with a retrospective review of existing requirements aimed to modify, streamline, expand, or repeal existing rules that are outmoded, ineffective, insufficient, or excessively burdensome. DATES: Comments must be received by August 27, 2012. ADDRESSES: You may submit comments identified by the docket number PHMSA-2011-0140 (HM-234) by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments. Fax: 1-202-493-2251. Mail: Docket Management System; US Department of Transportation, West Building, Ground Floor, Room W12-140, Routing Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery: To the Docket Management System; Room W12- 140 on the ground floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must include the agency name and docket number for this ANPRM at the beginning of the comment. To avoid duplication, please use only one of these four methods. All comments received will be posted without change to the Federal Docket Management System (FDMS), including any personal information. Docket: For access to the dockets to read background documents or comments received, go to http://www.regulations.gov or DOT's Docket Operations Office (see ADDRESSES). Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477) or you may visit http://www.regulations.gov . FOR FURTHER INFORMATION CONTACT: Kevin Leary or Robert Benedict, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, at (202) 366-8553. SUPPLEMENTARY INFORMATION: I. Executive Summary II. Background III. Summary Review of Amendments Considered IV. Regulatory Review and Notices A. Statutory/Legal Authority for This ANPRM B. Executive Order 12866, Executive Order 13563 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. Regulation Identifier Number (RIN) H. Unfunded Mandates Reform Act of 1995 I. Environmental Assessment J. Privacy Act K. International Trade Analysis I. Executive Summary PHMSA is considering amendments that would revise and clarify the HMR (49 CFR parts 171-180) applicable to cylinder manufacture, maintenance, and use. This action responds to ten petitions for rulemaking submitted by the regulated community and seeks comment on incorporating the provisions of three special permits. These amendments would update and expand the use of currently authorized industry consensus standards, revise the construction, marking and testing requirements of DOT-4 series cylinders, clarify the filling requirements for cylinders, discuss the handling of cylinders used in fire suppression systems, and revise the requalification and condemnation requirements for cylinders. PHMSA will review comments on the amendments described in this ANPRM for their potential economic and safety implications and will use these comments to craft more specific proposals in any potential future rulemaking. PHMSA requests that commenters note the applicable petition when submitting comments. II. Background PHMSA requests public comment on various petitions for rulemaking submitted in accordance with Sec. 106.95 and DOT special permits PHMSA has issued applicable to the manufacture, use, and requalification of cylinders. PHMSA is publishing this ANPRM to obtain the views of those who are likely to be affected by the changes discussed, including those who are likely to benefit from and those who are potentially subject to additional regulation if PHMSA were to adopt the petitions. This ANPRM is intended to provide the [[Page 31552]] greatest opportunity for public participation in the development of regulatory amendments, and promote greater exchange of information and perspectives among the various stakeholders. This additional step will lead to more focused and well-developed proposals that reflect the views of all regulated entities. Access to Compressed Gas Association publications discussed in this ANPRM are available for public review at: www.cganet.com . Access to the petitions and background documents referenced in this ANPRM can be found at http://www.regulations.gov under Docket No. PHMSA-2011-0140 (HM-234) or at DOT's Docket Operations Office (see ADDRESSES). III. Summary Review of Amendments Considered A. Petitions for Rulemaking Federal hazardous material transportation law (Federal hazmat law), 49 U.S.C. 5101-5127, authorizes the Secretary of Transportation to regulate the manufacture and continuing qualification of packagings used to transport hazardous materials in commerce, or packagings certified under Federal hazmat law for the transportation of hazardous materials in commerce. The HMR contain requirements for the manufacture, use, and requalification of cylinders subject to Federal hazmat law, including defining materials and methods of construction, the frequency and manner of inspection and testing, standards for cylinder rejection and condemnation, cylinder marking and recordkeeping, authorizations for packaging hazardous materials in cylinders, filling, loading, unloading, and carriage in transportation. In accordance with 49 CFR 106.95, a person may petition PHMSA to add, amend or delete a regulation by filing a petition for rulemaking with all the information required in Sec. 106.100. In this ANPRM, PHMSA seeks comment on ten petitions for rulemaking submitted by the compressed gas industry, including cylinder manufacturers, cylinder requalifiers, hazardous materials trainers, shippers, and carriers of compressed gases. These petitions are included in the docket for this proceeding. The following table provides a brief summary of the petitions addressed in this ANPRM and affected sections: ------------------------------------------------------------------------ Party submitting Petition petition Summary ------------------------------------------------------------------------ P-1499........ The Compressed Gas Requests PHMSA incorporate by Association (CGA). reference CGA C-6 Standards for Visual Inspection of Steel Compressed Gas Cylinders 2007, 10th edition, in place of the 7th edition (Sec. Sec. 173.3, 173.198, 180.205, 180.209, 180.211, 180.411, and 180.519). P-1501........ The Compressed Gas Requests modifications to the Association. manufacturing and testing specifications for series 4 cylinders in Sec. Sec. 178.50, 178.51, 178.61, and 178.68. P-1515........ Certified Training Co. Proposes numerous revisions to (CTC). the requirements for the requalification of DOT specification cylinders in Sec. Sec. 180.203-180.215. P-1521........ The Compressed Gas Proposes to revise Sec. Association. 172.400a to allow the use of the labels described in CGA C-7- 2004 Appendix A on cylinders that are overpacked. P-1540........ The Compressed Gas Proposes to require Association. manufacturers to mark newly- constructed DOT 4B, DOT 4BA, DOT 4BW and DOT 4E specification cylinders with the mass weight (MW) or tare weight (TW), and water capacity (WC) (Sec. 178.35). P-1546........ GSI Training Services, Requests a revision to the HMR Inc. to allow cylinders used in fixed fire suppression systems to utilize the exceptions in Sec. 173.309(a) for fire extinguishers. P-1560........ Air Products and Requests increased maximum Chemicals, Inc. permitted filling densities for specification cylinders containing carbon dioxide and nitrous oxide (Sec. 173.304a). P-1563........ 3M Inc................ Proposes to allow materials packaged in accordance with Sec. 173.301(a)(9) to be marked with the OVERPACK marking. P-1572........ Barlen and Associates, Requests clarification of the Inc. requirements for the filling density \\a\\ for liquefied compressed gases contained in multiple element gas containers (MEGCs) and manifolded cylinders (Sec. Sec. 173.301(g) and 173.312). P-1580........ HMT Associates Inc.... Proposes to resolve a discrepancy between the HMR and CGA S-1.1 regarding the pressure relief device tolerances for DOT 39 cylinders transported by aircraft (Sec. Sec. 173.301(f)(2) and 173.304(f)(2)). ------------------------------------------------------------------------ P-1499 The National Technology Transfer and Advancement Act of 1995 directs agencies to use voluntary consensus standards in lieu of government-unique standards except where inconsistent with law or otherwise impractical. Public Law 104-113, 110 Stat. 775 (codified in 15 U.S.C.); 15 U.S.C. 272. The HMR incorporate a variety of standards by reference in Sec. 171.7, including numerous standards relevant to cylinder construction, maintenance, and use. With regard to the visual inspection of steel cylinders, PHMSA incorporates by reference the 7th edition of the Compressed Gas Association's (CGA) publication C-6 Standards for Visual Inspection of Steel Compressed Gas Cylinders 1993. This CGA publication serves as a guide to cylinder requalifiers and users for establishing cylinder inspection procedures and standards. Inspection procedures include preparation of cylinders for inspection, exterior inspection, interior inspection if required, nature and extent of damage to be looked for, and tests that indicate the conditions of the cylinder. The 7th edition of this standard is currently referenced in Sec. Sec. 173.3, 173.198, 180.205, 180.209, 180.211, 180.411, and 180.519. --------------------------------------------------------------------------- \\a\\ Filling density means ``the percent ratio of the weight of gas in a packaging to the weight of water that the container will hold at 16 [deg]C (60[emsp14][deg]F). (1 lb of water = 27.737 in\\3\\ at 60 [deg]F.).'' 49 CFR 173.304a, Note 1. --------------------------------------------------------------------------- The CGA represents all facets of the compressed gas industry, including manufacturers, distributors, suppliers, and transporters of gases, cryogenic liquids, and related products. The CGA submitted petition P-1499 requesting that PHMSA replace the currently- incorporated 7th edition of publication C-6 Standards for Visual Inspection of Steel Compressed Gas Cylinders with the revised 10th edition and update the appropriate references throughout the HMR. The 10th edition provides enhanced guidance for cylinder requalifiers including guidance on the inspection of multiple-element gas [[Page 31553]] containers (MEGCs), requirements for thread inspection for cylinders used in corrosive gas service and clarifies maximum allowable depths and measuring techniques for various types of corrosion. PHMSA identified approximately 5,000 companies that would be subject to this standard. The majority of these companies are classified as small businesses using SBA size standards ( www.cganet.com . PHMSA requests comments from affected entities, particularly small entities, on the impacts, both positive and negative, that would result from incorporation of this revised standard. PHMSA is interested in technical differences between the 7th and 10th editions of CGA publication C-6 Standards for Visual Inspection of Steel Compressed Gas Cylinders including, but not limited to, the specific revisions that increase safety and cost implications associated with the adoption of the new standard. P-1501 The authorized materials, manufacturing methods and testing requirements for DOT 4B, 4BA, 4BW, and 4E cylinders (DOT-4 series cylinders) are specified in Sec. Sec. 178.50, 178.51, 178.61, and 178.68. Specifically, these sections describe material types permitted to be used in construction, size specifications, cylinder wall thickness and required tests. The CGA submitted petition P-1501 requesting that PHMSA revise the manufacturing requirements for DOT 4B, 4BA, 4BW, and 4E cylinders. According to the petition, the current DOT-4 series welded cylinder manufacturing requirements are unclear in some respects and result in interpretation by the manufacturers and enforcement personnel. A summary of the changes proposed by P-1501 are outlined below: Revise Sec. Sec. 178.50(b), 178.51(b), 178.61(b), and 178.68(b) to ensure material compositions and the heat treatment are within the specified tolerances and of uniform quality as follows: [cir] Require a record of intentionally-added alloying elements, and [cir] Require materials manufactured outside of the United States to have a ladle analysis confirmed by a check analysis. Revise the pressure tests in Sec. Sec. 178.50(i), 178.51(i), 178.61(i), and 178.68(h) to permit use of the volumetric expansion test, a hydrostatic proof pressure test or a pneumatic proof pressure test. Revise the physical and flattening tests \\b\\ and retest criteria in Sec. Sec. 178.50, 178.51, 178.61, and 178.68 for consistency. These revisions would clarify the location on the cylinder from which the test specimens are removed. --------------------------------------------------------------------------- \\b\\ The physical and flattening tests are destructive tests conducted on samples of welded cylinders. The samples are subjected to loading until they fail. The failed pieces are then compared to known certain pass/fail criteria to determine the quality of the weld or tube. --------------------------------------------------------------------------- Revise Sec. Sec. 178.50(n), 178.51(n), and 178.61(o) to permit marking on the footring for cylinders with water capacities up to thirty pounds, rather than twenty-five pounds. Add requirements for the location of markings on DOT 4E cylinders in Sec. 178.68. The CGA states in its petition that the proposed changes do not present a significant economic impact to any single manufacturer or user, but will also enhance regulatory clarity, promote consistent manufacturing practices, and create greater uniformity between the specifications for DOT-4 series cylinders and the requirements for welded cylinders found in International Organization for Standardization (ISO) standard 4706-1, Gas cylinders-Refillable welded steel cylinders--Part 1: Test pressure 60 bar and below that are referenced in the United Nations Model Regulations. PHMSA identified six U.S. based manufacturers of these cylinders. PHMSA requests comments on the economic and safety implications of all the proposed changes in P-1501. PHMSA seeks comment on the potential burden (time and/or cost) for compliance with the information collection activities associated with the requirement to keep a record of intentionally-added alloying elements and to perform a ladle analysis confirmed by a check analysis for materials manufactured outside of the United States. In addition to the cost of keeping the records, PHMSA seeks comment on the cost to implement and conduct the ladle and check analyses, pressure test, and physical/flattening test. PHMSA seeks comment on CGA's proposed changes to pressure tests in Sec. Sec. 178.50(i), 178.51(i), 178.61(i), and 178.68(h). Specifically, we seek comment on safety precautions that should be taken to protect personnel when a pneumatic pressure test is authorized \\c\\ and any additional considerations associated with revised testing requirements. PHMSA seeks information on whether the expansion of foot ring marking permissions will tangibly reduce costs. --------------------------------------------------------------------------- \\c\\ Pneumatic pressure tests present a greater hazard than hydraulic pressure tests. In the event of test failure, a container filled with a gas will release a greater amount of stored energy. Additional precautions must be taken to ensure the safety of the test operator. --------------------------------------------------------------------------- P-1515 The requirements for the requalification of DOT specification cylinders found in Part 180 Subpart C outline the specific procedures for the requalification and maintenance of cylinders. These requirements include definitions for terms used in the subpart, references to CGA publications for the visual inspection of cylinders, specific requirements for hydrostatically testing cylinders including methods to ensure the accuracy of test equipment. PHMSA received petition P-1515 from Certified Training Company (CTC) proposing numerous revisions to the requirements for the requalification of DOT specification cylinders found in Part 180 Subpart C. The petitioner states that the requalification requirements in the HMR create confusion for requalifiers and enforcement officials. PHMSA requests comments on the need to revise these requirements and two possible methods of resolving the confusion with regard to the requalification requirements for specification cylinders. The first, as suggested by CTC in P-1515, would modify the specific HMR provisions in Sec. 180.203 through Sec. 180.215 for requalification of cylinders. The second would incorporate by reference CGA C-1 Methods for Pressure Testing Compressed Gas Cylinders, 10th edition (2009) into Sec. 180.205. CGA C-1 Methods for Pressure Testing Compressed Gas Cylinders, 10th edition (2009) contains most of the provisions and additions specified in P-1515 including revisions to definitions in Sec. 180.203, appropriate procedures for conducting the hydraulic pressure tests, and marking and record keeping requirements. CTC, in P-1515, requests that PHMSA revise the HMR as follows: Add the following terms and definitions to Sec. 180.203: [cir] ``Accuracy'' means the conformance of a particular reading to a known standard. Accuracy is expressed as the percentage of error of a reading from a true value. [cir] ``Accuracy grade'' means the inherent quality of the device. It expresses the maximum error allowed [[Page 31554]] for the device at any reading. Accuracy grade is expressed as a percentage of the full scale of the device. [cir] ``Actual test pressure'' means the pressure applied to a cylinder during requalification. [cir] ``Calibrated cylinder'' means a cylinder that has certified calibration points of pressure with corresponding expansion values. It is a secondary, derived standard used for the verification and demonstration of test system accuracy and integrity. [cir] ``Master gauge'' means a pressure indicating device that is used as a calibration standard, and has an inherent accuracy grade equal to or better than the requirement for the pressure indicating device in the test apparatus. [cir] ``Over-pressurized'' means a condition in which the internal pressure applied to a cylinder has reached or exceeded the yield point of the cylinder. [cir] ``Percent permanent expansion'' means the ratio of permanent expansion to total expansion, expressed as a percentage. The calculation for percent permanent expansion is permanent expansion divided by total expansion times 100. [cir] ``Reference gauge'' means the pressure indicating device that is used in the daily verification of a proof test system, and has an inherent accuracy equal to or better than the requirement for the device to be checked. [cir] ``Service pressure'' means the rated service pressure marked on the cylinder. The petitioner added this definition to differentiate the marked service pressure from the actual full pressure. Modify the definitions for the following terms used in Sec. 180.203: [cir] ``Commercially free of corroding components'' to also specify a moisture content less than 55 ppm. [cir] ``Defect'' to mean an imperfection requiring a cylinder to be rejected. [cir] ``Test pressure'' to state the minimum prescribed test pressure. This revision was suggested to differentiate test pressure from actual test pressure. Modify the requirements in Sec. 180.205(f) (visual inspection) to permit the shot blasting \\d\\ of cylinders to remove surface corrosion, but prohibit grinding, sanding or any other method that may reduce cylinder wall thickness unless conducted by an authorized facility in accordance with Sec. 180.212. --------------------------------------------------------------------------- \\d\\ Shot blasting aluminum cylinders may result in adverse effect on the cylinder's sidewall properties (e.g. aging and heat treatment). --------------------------------------------------------------------------- Modify the requirements in Sec. 180.205(g) (pressure test) to: [cir] Clarify the pressure test procedure by: [ssquf] Adding a requirement to isolate the cylinder undergoing the hydrostatic test from other sources of pressure that may influence the test results. [ssquf] Separate requirements in Sec. 180.205(g)(2) for pressure indicating devices (i.e. gauges) from expansion indicating devices (i.e. burettes, digital systems) and require periodic verification of these devices to confirm their accuracy. [cir] Require a calibrated cylinder's markings to be checked and confirmed every five years. [cir] Permit up to three repeat tests in the event of equipment malfunction and add a requirement to perform a system check at 90% of test pressure before repeating the pressure test. [cir] Add a provision that would permit a cylinder that was over- pressurized (filled to a pressure greater than 10% of the test pressure) to continue in compressed gas service provided the cylinder's permanent expansion does not exceed \\1/2\\ of the normally-allowed limit. [cir] Permit cylinders that fail requalification to undergo repair and then attempt requalification a second time. Combine the condemnation requirements for DOT (found in Sec. 180.205(i)) and UN cylinders (found in the applicable ISO Standard) under one uniform standard. Modify the requirements in Sec. 180.209(b) (DOT 3A or 3AA cylinders) to revise the eligibility criteria for the use of the five- pointed star under Sec. 180.209(b), which permits DOT 3A and DOT 3AA cylinders to be requalified every ten years instead of every five years. The current eligibility criteria for the use of the five-pointed star include that, (1) The cylinder was manufactured after December 31, 1945; (2) The cylinder is used exclusively for air; argon; cyclopropane; ethylene; helium; hydrogen; krypton; neon; nitrogen; nitrous oxide; oxygen; sulfur hexafluoride; xenon; chlorinated hydrocarbons, fluorinated hydrocarbons, liquefied hydrocarbons, and mixtures thereof that are commercially free from corroding components; permitted mixtures of these gases; and permitted mixtures of these gases with up to 30 percent by volume of carbon dioxide, provided the gas has a dew point at or below minus (52[emsp14][deg]F) at 1 atmosphere; (3) Before each refill, the cylinder is removed from any cluster, bank, group, rack or vehicle and passes the hammer test specified in CGA Publication C-6; (4) The cylinder is dried immediately after hydrostatic testing to remove all traces of water; and (5) Each cylinder is stamped with a five-pointed star at least one-fourth of an inch high immediately following the test date. The petitioner's revisions to the eligibility criteria for the use of the five-pointed star include: [cir] Remove the restriction that cylinders must be made after December 31, 1945 in order to be requalified every ten years; [cir] Remove the hammer test, as some question the utility of such a test; [cir] Add a requirement that the cylinder must have not more than 5% permanent expansion; [cir] Add a requirement that cylinders must not exceed the elastic expansion rejection limit (REE); and [cir] Add self-contained breathing apparatus to the list of prohibited uses, as underwater breathing is already prohibited. Require requalification markings to begin immediately to the right of the manufacturer's markings and subsequent markings to proceed in columns downward to the bottom of the shoulder area. Additional markings would proceed in a similar column format. Allow domestic requalifiers to stamp cylinders that do not conform to a DOT specification, special permit or authorized UN standard (i.e. foreign cylinders) with a requalifier identification number (RIN). Specify in Sec. 180.209(e) \\e\\ that cylinders used to transport reclaimed refrigerant gases must be requalified every five years using the volumetric expansion method. --------------------------------------------------------------------------- \\e\\ This paragraph permits an increase in the interval between retest for cylinders used exclusively for certain non-corrosive gases and gas mixtures that are commercially free from corroding components. Many of these are refrigerant gases. Refrigerant gases recovered from machines and processes may contain water or other contaminants that could corrode the cylinder and compromise its integrity. --------------------------------------------------------------------------- Modify Sec. 180.212 to permit grinding of DOT 3-series cylinders, provided the remaining wall thickness is measured by ultrasonic examination. PHMSA is also considering incorporating into the HMR by reference, CGA C-1 Methods for Pressure Testing Compressed Gas Cylinders, 10th edition (2009), and referring to this standard in the cylinder requalification requirements specified in Sec. 180.209. This publication provides extensive detail and instruction necessary to properly conduct the hydrostatic tests required by the HMR.\\f\\ [[Page 31555]] PHMSA requests comment from the regulated community whether the requirements for the requalification of DOT specification cylinders found in Part 180 Subpart C need revision and if so, what specific provisions need further clarity. --------------------------------------------------------------------------- \\f\\ On April 12, 2007 PHMSA published a NPRM under docket number PHMSA-2006-25910 (HM-218E; 72 FR 18446) entitled ``Cargo Tank Motor Vehicle and Cylinder Issues; Petitions for Rulemakings.'' As part of this rulemaking PHMSA proposed the incorporation of the 2004 edition of CGA publication C-1 Methods for Hydrostatic Testing of Compressed Gas Cylinders, 8th edition (2004) in response to a petition from CGA (P-1485). In HM-218E, the 2004 edition of CGA C-1 was not adopted based partially on comments raised by CTC that cited concerns about the accuracy of certain provisions in the 8th edition of CGA C-1, including test equipment accuracy, calibrated cylinder design requirements, and certain omissions. On July 17, 2009, CGA published the revised CGA Pamphlet C-1, Methods for Pressure Testing Compressed Gas Cylinders, 10th edition. The 10th edition of CGA C-1 addresses the issues raised by CTC in the HM-218E NPRM. --------------------------------------------------------------------------- PHMSA identified 980 entities that conduct hydrostatic retesting. Incorporation of CGA C-1 would impose a one-time cost of between $102 and $186 per document depending on the document format (electronic or hard copy) and if the purchaser is a member of the CGA. PHMSA requests data on the impact of incorporating CGA C-1 Methods for Pressure Testing Compressed Gas Cylinders, 10th edition (2009), the various changes proposed by CTC, and the relative benefits and drawbacks of the two options as a means of clarifying and enhancing the current requirements for requalification of DOT specification cylinders. With regard to CTC's petition, PHMSA requests information about the safety implications, benefits, and costs of each bulleted item listed. We are particularly interested in comments regarding the safety implications of the various practices to remove surface corrosion from cylinders and whether PHMSA should regulate such practices. PHMSA is also interested in comments regarding the safety implications of requiring DOT cylinders used to transport reclaimed refrigerant gases to be requalified every five years and modifying the conditions for use of the five-pointed star. Beyond the purchase costs of CGA C-1 Methods for Pressure Testing Compressed Gas Cylinders, 10th edition (2009), PHMSA is interested in data on the impacts that would be encountered with incorporating CGA C-1 by reference. This publication is available to view on the CGA Web site at: www.cganet.com . PHMSA requests comments on how these changes would potentially impact small entities. Finally, PHMSA seeks information on potential benefits of certain aspects of P-1515 including what benefits, if any, would be realized from permitting second requalification after failure, changing the five-year and ten-year requalification requirements, permitting the continued use of over-pressurized cylinders and allowing foreign cylinders to be stamped with a RIN. P-1521 For many years the HMR have permitted the use of a neckring marking, under certain conditions, in accordance with the CGA publication C-7, Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, Appendix A, 8th Edition (2004) under Sec. 172.400a. This neckring marking identifies the contents of a cylinder by displaying the proper shipping name, the UN identification number and the hazard class/division diamond within a single marking. Section 172.400a permits the use of this marking in lieu of the 100 mm x 100 mm square-on-point labels on a Dewar flask meeting the requirements in Sec. 173.320 and cylinders containing Division 2.1, 2.2, and 2.3 materials that are not overpacked. This requirement is intended to provide flexibility in hazard communication for cylinders, especially small cylinders. The CGA petitioned PHMSA (P-1521) to modify the provision in Sec. 172.400a(a)(1)(i) to remove the limitation that would only allow the use of the neckring markings if the cylinders are not overpacked. The petition would still require the overpack to display the 100 mm x 100 mm square-on-point labels in accordance with 49 CFR Part 172, Subpart E. The marking prescribed in Appendix A to CGA publication C-7, Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, Appendix A, 8th Edition (2004) provides useful information in a clear and consistent manner and its widespread use on cylinders for many years has enhanced its recognition. CGA's proposed change would provide greater flexibility for shipments of overpacked cylinders while ensuring adequate hazard communication. If cylinders are contained in an overpack, the overpack must display the appropriate markings and labels. According to figures obtained from the U.S. Census Bureau, approximately 86 entities are engaged in Industrial Gas Manufacturing of which 74 are classed as small entities ( What is the average total cost per cylinder to complete these markings (i.e. is an estimated cost of $0.10 per character for new markings accurate)? What is the estimated quantity of newly manufactured 4B, 4BA, 4BW and 4E cylinders each year? Furthermore, how many of these cylinders already display mass weight, tare weight and water capacity markings in compliance with the Liquefied Petroleum Gas Code or other codes? How many manufacturers of the above-mentioned cylinders are considered small businesses by the Small Business Administration (SBA)? PHMSA seeks to identify how often the mass weight, tare weight and water capacity markings are already permissively applied to cylinders and the costs associated with applying these marks. Finally, PHMSA is interested in identifying any relevant data about increased safety benefits associated with the additional markings and alternate methods/ safeguards against overfilling of cylinders currently being implemented. P-1546 The Hazardous Materials Table in Sec. 172.101 provides a shipping description for cylinders used as fire extinguishers (UN1044, fire extinguishers, 2.2) and references Sec. 173.309 for exceptions and non-bulk packaging requirements. Fire extinguishers charged with a limited quantity of compressed gas are excepted from labeling and the specification packaging requirements if the cylinder is packaged and offered for transportation in accordance with Sec. 173.309(a)(1) through Sec. 173.309(a)(3). Additionally, fire extinguishers filled in accordance with the requirements of Sec. 173.309 may use non- specification cylinders (i.e. cylinders not manufactured to specifications in Part 178). Part 180 also provides special requirements for cylinders used as fire extinguishers. Specifically, Sec. 180.209(j) includes different requalification intervals for DOT specification cylinders used as fire extinguishers. PHMSA has written several letters of clarification regarding the applicability of Sec. 173.309 to fire extinguishers. Notably on March 9, 2005, PHMSA wrote a letter to Safecraft Safety Equipment, Ref. No. 04-0202, regarding non-specification stainless steel cylinders used as a component in a fire suppression system for installation in vehicles. In that letter, PHMSA stated that the cylinders used in the fire suppression system appeared to meet the requirements of Sec. 173.309(a). PHMSA issued another letter on May 30, 2008 to Buckeye Fire Equipment, Ref. No. 06-0101 stating that the company could not use the shipping name ``Fire extinguishers'' for their cylinders that served as a component of a kitchen fire suppression system and must use the proper shipping name that best describes the material contained in the cylinder since these cylinders were not equipped to function as fire extinguishers. This latter clarification effectively required cylinders that are part of a fixed fire suppression system to meet an appropriate DOT specification. In response to this letter, GSI Training Services submitted a petition for rulemaking (P-1546) requesting PHMSA allow cylinders that form a component of fire suppression systems to use the proper shipping name ``Fire extinguishers'' when offered for transportation. This petitioner states that at least one company manufactured over 39,000 non-specification cylinders for use in fire suppression systems based on the information provided in the March 9, 2005 letter and that the May 30, 2008 clarification effectively placed this company out of compliance. The petitioner further suggests that cylinders comprising a component of a fixed fire suppression system will provide an equal or greater level of safety than portable fire extinguishers since cylinders in fire suppression systems are typically installed in buildings where they are protected from damage and not handled on a regular basis. In response to P-1546, PHMSA is considering modifying Sec. 173.309 to state that the requirements applicable to fire extinguishers also apply to cylinders used as part of a fire suppression system. The controls outlined in Sec. 173.309(a), including limits on the internal volume, the cylinder contents, the initial testing and subsequent retesting requirements, may provide an acceptable level of safety regardless of whether the cylinder is equipped for use as a fire extinguisher or is a component of a fixed fire suppression system. According to figures obtained from the U.S. Census Bureau, approximately 568 companies are engaged in heavy tank manufacturing that would include pressure vessels for fire suppression systems. Additionally, equipment wholesalers and retailers may benefit from this proposal. PHMSA is concerned with the specific safety impacts associated with providing an exception for the transport of compressed gases in non-DOT specification cylinders. In other words, are the requirements in Sec. 173.309 appropriate for cylinders used in a fixed extinguishing system? PHMSA is interested in whether allowing non- specification cylinders to utilize the fire extinguisher exception would result in a cost saving and if so how much? Finally, PHMSA is interested in other safety standards that apply to fire suppression systems and how those standards would influence transport safety. P-1560 Additional requirements for shipments of liquefied compressed gases in DOT specification cylinders are specified in Sec. 173.304a. In Sec. 173.304a(a)(2), a table provides the maximum filling densities and [[Page 31557]] permissible cylinder types for certain named gases. Currently, Sec. 173.304a(a)(2) permits a maximum filling density of 68% for carbon dioxide and nitrous oxide in DOT 3, DOT 3HT2000 and DOT 39 cylinders as well as DOT 3A, 3AX, 3AA, 3AAX, 3E, 3T, and 3AL cylinders with a marked service pressure of 1800 psi. Air Products and Chemicals Inc. (Air Products) submitted a petition for rulemaking (P-1560) requesting PHMSA revise Sec. 173.304a(a)(2) to modify the maximum permitted filling densities for carbon dioxide and nitrous oxide to include 70.3%, 73.2%, and 74.5% in DOT 3A, 3AA, 3AX, 3AAX, and 3T cylinders with marked service pressures of 2000, 2265, and 2400 psi respectively. Air Products stated in its petition that the proposed increase in the maximum permitted filling densities would yield various benefits including increased harmonization of compressed gas filling requirements with the UN Model Regulations, benefits to the carbonated beverage industry, decreased fuel costs associated with the transportation and delivery of carbon dioxide and nitrous oxide and reduced administrative costs through the elimination of DOT SP-13599. PHMSA has a high degree of confidence that the increased filling densities for these gases will not adversely impact safety and this action supports several PHMSA initiatives, including incorporating special permits into the HMR. Therefore, we are considering modifying the entries currently in the table in Sec. 173.304a(a)(2) for carbon dioxide and nitrous oxide to include the maximum filling densities listed in P-1560 and DOT SP-13599. We note that the current HMR prescribe only one filling density for carbon dioxide and nitrous oxide (68%), while the UN Model Regulations prescribe two filling densities (68% and 76%) and incorporating the provisions of P-1560 would expand the list of allowable filling densities and permissible cylinder types beyond what is currently permitt","truncated":true,"body_characters":75510}