{"operation":"document","citation":"81 FR 48978","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":"2016-07-26","effective_on":null,"summary":"The Pipeline and Hazardous Materials Safety Administration (PHMSA) is proposing to amend the Hazardous Materials Regulations 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 stakeholders and to agency review of the compressed gas cylinders regulations. Specifically, PHMSA is proposing to incorporate by reference or update the references to several Compressed Gas Association publications, amend the filling requirements for compressed and liquefied gases, expand the use of salvage cylinders, and revise and clarify the manufacture and requalification requirements for cylinders.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2016-16689.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2016-16689.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2016-16689","source_url":"https://www.federalregister.gov/documents/2016/07/26/2016-16689/hazardous-materials-miscellaneous-amendments-pertaining-to-dot-specification-cylinders-rrr","body":"Federal Register, Volume 81 Issue 143 (Tuesday, July 26, 2016) [Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)] [Proposed Rules] [Pages 48978-49022] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2016-16689] [[Page 48977]] Vol. 81 Tuesday, No. 143 July 26, 2016 Part III Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 107, 171, 172, et al. Hazardous Materials: Miscellaneous Amendments Pertaining to DOT- Specification Cylinders (RRR); Proposed Rule Federal Register / Vol. 81 , No. 143 / Tuesday, July 26, 2016 / Proposed Rules [[Page 48978]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 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: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: The Pipeline and Hazardous Materials Safety Administration (PHMSA) is proposing to amend the Hazardous Materials Regulations 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 stakeholders and to agency review of the compressed gas cylinders regulations. Specifically, PHMSA is proposing to incorporate by reference or update the references to several Compressed Gas Association publications, amend the filling requirements for compressed and liquefied gases, expand the use of salvage cylinders, and revise and clarify the manufacture and requalification requirements for cylinders. DATES: Comments must be submitted by September 26, 2016. To the extent possible, PHMSA will consider late-filed comments as a final rule is developed. 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; U.S. 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 NPRM 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). To access and review the ASME material proposed for incorporation by reference in this rulemaking, please refer to the following Web site: http://go.asme.org/PHMSA-ASME-PRM . To access and review the CGA materials proposed for incorporation by reference in this rulemaking, please refer to the following Web site: https://www.cganet.com/customer/dot.aspx . 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: Eileen Edmonson, Standards and Rulemaking Division, and Mark Toughiry, Mechanical Engineer, Engineering and Research 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. ANPRM Background III. Petitions for Rulemaking and Comments Received IV. Special Permits V. Agency Initiated Editorial Corrections VI. Section-by-Section Review VII. Regulatory Analyses and Notices A. Statutory/Legal Authority for This NPRM 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, Executive Order 13272, and DOT Procedures and Policies 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 Cylinders filled with a Class 2 hazardous material (gas) and offered for transportation must comply with various subparts of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). These include 49 CFR part 173, subpart G, which sets forth the requirements for preparing and packaging gases; 49 CFR part 178, subpart C, which sets forth the specifications for cylinders (i.e., how they should be constructed); and 49 CFR part 180, subpart C, which sets forth the requirements for continued qualification, maintenance, and periodic requalification of cylinders. Additionally, cylinders must meet other requirements in the HMR, such as regulations that address the modal effects on cylinders in transportation including general handling, loading, unloading, and stowage. PHMSA (also ``we'' or ``us''), in response to petitions for rulemaking submitted by stakeholders and an agency initiated review of the regulations, is proposing changes to the HMR, including but not limited to the following: Incorporating by reference or updating references to several Compressed Gas Association (CGA) publications; amending the filling requirements for compressed and liquefied gases; expanding the use of salvage cylinders; revising and clarifying the manufacture and requalification requirements for cylinders; and adopting a special permit (DOT-SP 14237). This NPRM is also presenting minor and miscellaneous regulatory editorial corrections. Further, PHMSA is addressing the comments received from a previous Advance Notice of Proposed Rulemaking (ANPRM; 77 FR 31551), and proposing additional revisions that have been requested in petitions received since the ANPRM's 2012 publication. These proposed revisions intend to reduce regulatory burdens while maintaining or enhancing the existing level of safety. In this NPRM, PHMSA is responding to 20 petitions for rulemaking submitted by stakeholders. II. ANPRM Background On May 29, 2012 [77 FR 31551], PHMSA published an ANPRM to obtain public comment from those likely to be affected by the possible incorporation of 10 petitions for rulemaking and 3 special permits into the HMR. These include cylinder manufacturers (approximately 568 companies); cylinder requalifiers; independent [[Page 48979]] inspection agencies; commercial establishments that own and use DOT- specification cylinders and UN pressure receptacles; and individuals who export non-UN/ISO compressed gas cylinders. Incorporating these petitions for rulemaking and special permits 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 system; and revise the requalification and condemnation requirements for cylinders. The ANPRM comment period closed on August 27, 2012. PHMSA received comments from 13 stakeholders, including compressed gas and/or cylinder manufacturers, cylinder testers, and trade associations representing the compressed gas industry or shippers of hazardous materials. Most comments either answered questions PHMSA posed in the ANPRM or responded to multiple petitions and/or special permits. Regarding the petitions, the comments received were mostly supporting for all but one--P-1515. PHMSA received four comments regarding special permits, and all supported their adoption into the HMR. A list of the commenters, along with the related Docket ID Number, is shown in Table 1 below: Table 1--ANPRM Commenters and Associated Comments Docket Nos. ------------------------------------------------------------------------ Company Docket ID No. ------------------------------------------------------------------------ Air Products and Chemicals, Inc.. PHMSA-2011-0140-0004 PHMSA-2011-0140-0008 PHMSA-2011-0140-0018 Bancroft Hinchley................ PHMSA-2011-0149-0024 Barlen and Associates, Inc....... PHMSA-2011-0140-0019 City Carbonic, LLC............... PHMSA-2011-0140-0029 Compressed Gas Association....... PHMSA-2011-0140-0005 PHMSA-2011-0140-0012 PHMSA-2011-0140-0013 PHMSA-2011-0140-0020 Council on Safe Transportation of PHMSA-2011-0140-0026 Hazardous Articles, Inc. CTC Certified Training........... PHMSA-2011-0140-0001 PHMSA-2011-0140-0023 PHMSA-2011-0140-0030 HMT Associates................... PHMSA-2011-0140-0002 PHMSA-2011-0140-0021 Hydro-Test Products, Inc......... PHMSA-2011-0140-0017 Manchester Tank.................. PHMSA-2011-0140-0016 Norris Cylinder.................. PHMSA-2011-0140-0025 SodaStream USA, Inc.............. PHMSA-2011-0140-0027 Worthington Cylinder Corporation. PHMSA-2011-0140-0028 ------------------------------------------------------------------------ III. Petitions for Rulemaking and Comments Received Table 2 lists the petitions included in the docket for this proceeding. This NPRM addresses 20 total petitions. Ten petitions are associated with the ANPRM, and 10 additional petitions have been included since its publication. This table provides the petition number, the petitioner's name, the docket number on www.regulations.gov , a brief summary of the petitioner's requests, the affected sections, and whether or not we are proposing to adopt the petition: Table 2--Petition Summary ---------------------------------------------------------------------------------------------------------------- Proposed Petition No. Petitioner Docket No. Summary affected Proposing to sections adopt? ---------------------------------------------------------------------------------------------------------------- P-1499........... Compressed Gas PHMSA-2007-28485........ Replace the Sec. Sec. Yes. Association. incorporated 171.7; 172.102 by reference (SP 338); (IBR) Seventh 173.3(d)(9); Edition of the 173.198(a); CGA C-6 180.205(f)(1); Standards for 180.209(c), Visual (b)(1)(iii), Inspection of (d), (f), (g), Steel (m); Compressed Gas 180.211(d)(1)( Cylinders with ii); the revised 180.411(b); Tenth Edition 180.510(c). and update the appropriate references throughout the HMR. P-1501........... Compressed Gas PHMSA-2007-28759........ Revise the Sec. Sec. Yes, in part. Association. specification 178.50, requirements 178.51, for 4B, 4BA, 178.61, 178.68. 4BW, and 4E cylinders to provide clarity. P-1515........... Certified PHMSA-2008-0101......... Adopt changes Sec. Sec. Yes, except Training to the 180.203, those changes Company. requalificatio 180.205, not necessary n process 180.207, because of IBR designed to 180.209, of CGA C-1 clarify the 180.211, under P-1626. regulations in 180.212, the event CGA 180.213, Standard C-1, 180.215, Methods of appendix C to Pressure part 180, Testing appendix E to Compressed Gas part 180. Cylinders, is not incorporated. [[Page 48980]] P-1521........... Compressed Gas PHMSA-2008-0152......... Allow the use Sec. Yes. Association. of labels 172.400a(a)(1) described in (i). CGA C-7-2004 on a cylinder contained in an overpack. P-1538........... The Wicks Group, PHMSA-2009-0138......... Allow Sec. Sec. Sec. No. representing 173.306(a)(1) 171.8, Jetboil Inc. to permit 173.306(a)(1). camping stove cylinders containing liquefied petroleum gas in amounts less than four (4) ounces to be shipped as consumer commodity (ORM- D). Define ``capacity'' in Sec. 171.8. P-1539........... Matheson Tri-Gas PHMSA-2009-0140......... Allow DOT 3A, Sec. No. 3AA, 3AL 180.209(a). cylinders in Division 2.2 Services to be retested every 15 years. Allow DOT 3A, 3AA, and 3AL cylinders packaged with Division 2.1 materials to be requalified every 10 years.. P-1540........... Compressed Gas PHMSA-2009-0146......... Require newly Sec. Yes. Association. manufactured 178.35(f). DOT 4B, 4BA, 4BW, and 4E cylinders to be marked with the mass weight, tare weight, and water capacity. P-1546........... GSI Training PHMSA-2009-0250......... Allow cylinders Sec. Yes. Services, Inc. used as a 173.309(a). component of a fixed fire suppression system to be transported under the exceptions applicable to fire extinguishers. P-1560........... Air Products and PHMSA-2010-0176......... Modify the Sec. No. Addressed Chemicals, Inc. maximum 173.304a(a)(2). by revisions permitted made under filling rulemaking HM- densities for 233F [81 FR carbon dioxide 3635]. and nitrous oxide to include 70.3%, 73.2%, and 74.5% in DOT 3A, 3AA, 3AX, 3AAX, and 3T cylinders. P-1563........... Regulatory PHMSA-2010-0208......... Authorize an Sec. 173.301 Uncertain. We Affairs ``overpack'' (a)(9). are asking for Management as a strong further Center--3M outer package comment. Package for cylinders Engineering, listed in the Global section, Dangerous Goods. except aerosols ``2P'' and ``2Q,'' marked with the phrase ``inner packagings conform to the prescribed specifications ''. P-1572........... Barlen and PHMSA-2011-0017......... Revise the Sec. Sec. Yes, in part. Associates, filling ratio 173.301(g)(1)( Inc. for liquefied ii) and compressed 173.312. gases in MEGCs consistent with Packing Instruction (P200) of the United Nations (UN)--Model Regulations (17th ed. 2011), as specified in Sec. 173.304b; and prohibit liquefied compressed gases in manifolded DOT cylinders from exceeding the filling densities specified in Sec. 173.304a(a)(2). P-1580........... HMT Associates.. PHMSA-2011-0123......... Require the Sec. Sec. Yes. burst pressure 173.301(f)(4), of the rupture 173.302(f)(2), disc on a 173.304(f)(2). cylinder ``shall not exceed 80% of the minimum cylinder burst pressure and shall not be less than 105% of the cylinder test pressure''. P-1582........... Water Systems PHMSA-2011-0135......... Revise the Sec. Yes. Council. limited 173.306(g). quantity exception for water pump system tanks to authorize transport of tanks manufactured to American National Standards Institute's Water Systems Council Standard PST- 2000-2005(2009 ). [[Page 48981]] P-1592........... Compressed Gas PHMSA-2012-0173......... IBR CGA S-1.1, Sec. Sec. Yes. Association. 2011 Pressure 173.301(c), Relief Device (f) and (g), Standards, 173.304a(e), Part 1, 178.75(f). Cylinder for Compressed Gas, Fourteenth Edition. P-1596........... Chemically PHMSA-2012-0200......... Add Class 4 and Sec. Yes. Speaking, LLC. Class 5 173.3(d)(2). hazardous materials to the hazard classes in an authorized salvage cylinders. P-1622........... Worthington PHMSA-2013-0210......... Restrict the Sec. Sec. Yes. Cylinders internal 173.304a and Corporation. volume of 173.304a(a)(3). hazardous materials shipped in a DOT- specification 39 cylinder to not exceed 75 cubic inches. P-1626........... Compressed Gas PHMSA-2013-0265......... IBR CGA C-1- Sec. Sec. Yes. Association. 2009, Methods 171.7, 178.36, for Pressure 178.37, Testing 178.38, Compressed Gas 178.39, Cylinders, 178.42, Tenth Edition 178.44, (C-1, 2009) as 178.45, a reference in 178.46, 49 CFR, and 178.47, provide for 178.50, specific 178.51, language for 178.53, sections 178.55, affected. 178.56, 178.57, 178.58, 178.59, 178.60, 178.61, 178.65, 178.68, 180.205, 180.209. P-1628........... Compressed Gas PHMSA-2013-0278......... IBR CGA C-3- Sec. Sec. Yes. Association. 2005, 171.7, 178.47, Reaffirmed 178.50, 2011, 178.51, Standards for 178.53, Welding on 178.55, Thin-Walled, 178.56, Steel 178.57, Cylinders, 178.58, Seventh 178.59, Edition. 178.60, 178.61, 178.65, 178.68, 180.211. P-1629........... Compressed Gas PHMSA-2014-0012......... IBR CGA C-14- Sec. Sec. Yes. Association. 2005, 171.7, Reaffirmed 173.301, 2010, 173.323. Procedures for Fire Testing of DOT Cylinder Pressure Relief Device Systems, Fourth Edition, as a reference in 49 CFR. P-1630........... Compressed Gas PHMSA-2014-0027......... Add the term Sec. Sec. Yes. Association. ``recondition' 180.203, ' for DOT-4L 180.211(c), welded and 180.211(e). insulated cylinders and revise language to clarify when a hydrostatic test must be performed on the inner containment vessel after the DOT-4L welded insulated cylinder has undergone repair. ---------------------------------------------------------------------------------------------------------------- P-1499 The CGA submitted P-1499 requesting that PHMSA replace the currently incorporated by reference C-6 Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition with the revised Tenth Edition and update the appropriate references throughout the HMR. The Tenth Edition provides enhanced guidance for cylinder requalifiers--including guidance on the inspection of Multiple-Element Gas Containers (MEGCs) and the 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, with the majority being classified as small businesses using the Small Business Administration (SBA) size standards ( 1.0% of the prescribed test pressure of any cylinder tested that day.'' This interpretation attempts to declare a test invalid due to a 2 psi drop in pressure at 3000 psi. The pressure indicating device has already been defined as having a 1% resolution and 1% accuracy. According to the definition of the device, it can deviate by 30 psi at 3000 psi (30 psi = 1% of 3000 psi). This interpretation violates the definition of the device as stated in these two paragraphs. Furthermore, many special permits, such as DOT-SP 10915 and 10945, recognize that different materials (such as the carbon-fiber wrapped, aluminum lined cylinders referenced in these special permits) take even longer than 30 seconds to completely deform under the load of test pressure, and therefore require a hold time of 60 seconds. According to this interpretation, these special permits would require a hold time of 60 seconds (or longer), until the cylinder completed its expansion, and then an additional 60 seconds of hold time, wherein the pressure could not drop by even 2 psi. This, obviously, is not the intention of these special permits when they state, ``. . . for a minimum test time of one minute.'' Industry standard CGA C-1, Seventh Edition 1996, ``Methods for Hydrostatic Testing of Compressed Gas Cylinders,'' in paragraph 4.4(g) states, ``[w]hen the desired [[Page 48984]] value is reached, stop the pressurization and hold for 30 seconds.'' And, ``[t]he expansion and pressure should remain stable during the entire 30 seconds. If either the pressure or expansion do not stabilize within 1%, see 4.5 [Troubleshooting].'' Thus, the 30-second hold begins when the pump stops, and deviation during the hold time is allowed up to the defined accuracy of the device, that is, 1% of the test pressure, and 1% of the total expansion. Manufacturers of hydrostatic test equipment specify in their manuals and the software controlling automated equipment that the 30-second hold time begins when the test pressure is reached and the pump is turned off. The CTC further states: ``This interpretation declares virtually every test performed on cylinders in the past century to be invalid, since every cylinder tested (as well as the hoses on the machine) will continue to expand after the pump is stopped. Therefore the pressure will drop. The only issue is whether or not the device is capable of detecting such a minute drop in pressure.'' The CTC believes this interpretation is based on two misunderstandings: 1. Closed loop hydraulics vs. open system. In a closed loop hydraulic system (such as the controls on an aircraft), any drop in pressure is unacceptable. This does not apply to an open system where the pressure will drop (e.g., a cylinder expanding during a test). 2. Higher precision digital devices vs. analog devices. There has always been a slight drop in pressure during the hold time. On an analog device, it was not visible. It is now visible on a digital device, but that does not simply invalidate the test. PHMSA agrees with the CTC that the language in Reference No. 05- 0087 is misleading and believes the IBR of CGA C-1 into Sec. 180.205, in conjunction with additional changes to the regulations proposed consistent with petition P-1626, will resolve any issue the CTC may have with this letter of interpretation. We invite comment on this conclusion. PHMSA also plans to retract Reference No. 05-0087. P-1521 The CGA submitted P-1521 requesting that PHMSA modify the provision in Sec. 172.400a(a)(1)(i) to remove the limitation that only allows the use of the neckring markings if a cylinder is not overpacked. The petition would still require the overpack to display the labels in conformance with 49 CFR part 172, subpart E. The HMR permit the use of a neckring marking, under certain conditions, in conformance with the CGA C-7, Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, Appendix A, Eighth 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 or division label within a single marking. Section 172.400a(a)(1) permits the use of this marking in lieu of required labels on a Dewar flask meeting the requirements in Sec. 173.320 or a cylinder containing Division 2.1, 2.2, and 2.3 material that is not overpacked. This requirement should provide flexibility in hazard communication for cylinders, especially small cylinders. The marking prescribed in appendix A to CGA C-7 provides useful information in a clear and consistent manner, and its widespread use on cylinders 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. PHMSA identified approximately 86 entities 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 tare weight and water capacity markings in compliance with NFPA 58 or other codes? How many manufacturers of the cylinders mentioned above are considered small businesses by the SBA? PHMSA sought to identify: (1) The frequency of which the mass weight or tare weight, and water capacity markings are already permissively applied to cylinders, (2) the costs associated with applying these marks, (3) the safety benefits associated with the additional markings, and (4) the alternate methods or safeguards against overfilling of cylinders currently being implemented. Air Products and Chemicals supports the petition with no additional comments. The CGA supports the inclusions of tare weight, mass weight, and water capacity requirements on newly constructed DOT 4B, 4BA, 4BW, and 4E specification cylinders at the time of manufacture but does not support--and strongly disagrees with--PHMSA's consideration of modifying Sec. 178.35 to require all DOT-specification cylinders suitable for the transport of liquefied gases to be marked with the cylinder's tare weight and water capacity. The CGA also believes that the 49 CFR must further clarify that no cylinder must be filled with a liquefied gas unless a mass or tare weight is marked on the cylinder, providing the following justification: At the time of manufacture, the manufacturer would not know whether the DOT 3 series cylinders are or are not be used in a liquefied gas service; Marking all cylinders, as suggested by DOT, would include every cylinder manufactured in conformance with the specifications set forth in the HMR, which would therefore require cylinders that have been designed and manufactured for a specific permanent gas application be marked for tare weight and water capacity just because the cylinder could be used (at some time) for liquefiable gas; There would be instances on small 3-series cylinders where the additional marking would not fit onto the dome of the cylinder; and The economic impact estimated for marking all cylinders is significantly greater than the estimates submitted by PHMSA. Manchester Tank expresses concern that numerous variations in stamped weights could cause confusion in the field among fillers. They state that adding mass weight stamping to a cylinder that already has tare weight stamped could lead to incorrect filling if the wrong figure is used. They ask PHMSA for specific clarification of the language to assign the duty to mark tare weight to the valve installer and indicate that there are many cylinders that are not valved by the manufacturer, further declared that those cylinders can be marked correctly with mass weight--but not with tare weight, since the weight of the appurtenance may not be known to the manufacturer of the vessel. In addition, Manchester Tank notes that available space for stamping is limited on some vessels and increased stamping will not allow significant space for retest marking information. In this NPRM, PHMSA is proposing to revise Sec. 178.35(f) to require that tare weight or mass weight, and water capacity be marked on certain DOT 4-series specification cylinders used for the transport of liquefied gases as petitioned by the CGA. We stress that while cylinder markings are important to ensure the safe filling of liquefied compressed gas, they do not take the place of adequate personnel training, procedures to ensure proper filling, and continued requalification and maintenance of cylinders in preventing incidents. PHMSA seeks additional comment on expanding this marking requirement to other DOT-specification cylinders and the costs and benefits as well as the safety implications of doing so. P-1546 GSI Training Services submitted P-1546 requesting that PHMSA allow cylinders that form a component of fire suppression systems to use the proper shipping name ``Fire extinguishers'' when offered for transportation. The Hazardous Materials Table (HMT) in Sec. 172.101 provides a shipping description for cylinders used as fire extinguishers (i.e., ``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, placarding, and shipping paper requirements under certain conditions if the cylinder is packaged and offered for transportation in conformance with Sec. 173.309.\\3\\ Additionally, fire extinguishers filled in conformance 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 (e.g., Sec. 180.209(j) includes different requalification intervals). --------------------------------------------------------------------------- \\3\\ Note that the format of Sec. 173.309 was changed under a final rule published January 7, 2013 (HM-215K; 78 FR 1101) such that the exceptions for limited quantities has been relocated to paragraph (d) of Sec. 173.309. --------------------------------------------------------------------------- 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 (Reference No. 04-0202) to Safecraft Safety Equipment regarding non-specification stainless steel cylinders used as a component in a fire suppression system for installation in vehicles and stated that the cylinders used in the fire suppression system appeared to meet the requirements of Sec. 173.309. PHMSA issued another letter (Reference No. 06-0101) on May 30, 2008, to Buckeye Fire Equipment stating that the company could not use the shipping name ``Fire extinguishers'' for their cylinders, which 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 [[Page 48987]] cylinders that are part of a fixed fire suppression system to meet an appropriate DOT-specification. In response to Reference No. 06-0101, GSI Training Services submitted a petition for rulemaking requesting PHMSA to allow cylinders that form a component of fire suppression systems to use the proper shipping name ``Fire extinguishers'' when offered for transportation, stating that: (1) 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 (2) the May 30, 2008 clarification effectively placed this company out of compliance. GSI Training Services 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 this NPRM, PHMSA is proposing to revise the Sec. 173.309 introductory text to include cylinders used as part of a fire suppression system as a cylinder type authorized for transport in accordance with the HMT entry for fire extinguishers. The controls detailed in Sec. 173.309 provide an acceptable level of safety regardless of whether the cylinder is equipped for use as a handheld fire extinguisher or as a component of a fixed fire suppression system. P-1563 3M Corporation submitted P-1563 requesting that PHMSA address the regulatory confusion between marking requirements for overpacks in Sec. 173.25 and outside packages for certain thin-walled cylinders specified in Sec. 173.301(a)(9). The petitioner notes that the differing marking requirements in Sec. Sec. 173.25 and 173.301(a)(9) create confusion and make training difficult. This petition requests modification of the HMR to permit materials packaged in conformance with Sec. 173.301(a)(9)--except aerosols ``2P'' and ``2Q''--to display the ``OVERPACK'' marking described in Sec. 173.25, in lieu of the current requirement for ``an indication that the inner packaging conforms to prescribed specifications.'' In accordance with Sec. 173.301(a)(9), DOT-specification 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 39 cylinders must be packed in strong non-bulk outer packagings. This configuration meets the definition of a combination package as indicated in paragraph (a)(9) and further, as defined in Sec. 171.8 of the HMR. Paragraph (a)(9) requires the outside of this combination packaging to be marked with an indication that the inner packagings conform to the prescribed specifications. The completed combination package is subject to marking and labeling, as appropriate; however, the inner packagings do not have to be marked or labeled. These combination packages cannot also then be considered ``overpacks.'' For each completed package bearing required marking(s) and label(s) that is placed in an overpack, for consolidation or ease of handling, the overpack must also display the appropriate marking(s) and label(s) unless visible through the overpack [see Sec. 173.25(a)(2)]. The ``OVERPACK'' mark must be applied when specification packagings are required by the HMR to communicate that the overpack contains specification packagings in conformance with the HMR. The marking ``inside (inner) packages comply with the prescribed specifications'' for overpacks in Sec. 173.25 was changed in 2004 to ``OVERPACK'' in an effort to better align with global overpack requirements. The 3M Corporation accurately states that prior to 2004 both the overpack requirements in Sec. 173.25 and the requirement in Sec. 173.301(a)(9) to package certain DOT-specification cylinders in strong, non-bulk outer packagings used very similar language intended to inform package handlers that although not visible, the inner packages contained specification packagings that conformed to appropriate DOT or UN standards. PHMSA recognizes that differing marking requirements in Sec. Sec. 173.25 and 173.301(a)(9) to communicate the same intended meaning may be causing confusion without enhancing safety. In order to address the petition and provide for greater clarity, PHMSA is proposing to revise Sec. 173.301(a)(9) to authorize use of the ``OVERPACK'' marking as specified in Sec. 173.25(a)(3) as a method to satisfy the current requirement in paragraph (a)(1) to mark the completed package with an indication that the inner packagings conform to prescribed specifications for the listed cylinders. We agree with 3M that the issue is more complex for 2P and 2Q containers as specified in Sec. Sec. 173.304, 173.305, and 173.306 and, therefore, are not including 2P and 2Q in the allowance for the ``OVERPACK'' marking. The revision will also include instructional language that the combination package is not to be considered an ``overpack.'' PHMSA welcomes comments from affected entities regarding the following: potential consequences, safety and economic impacts, current level of difficulty and unnecessary confusion, need for change, quantity of shipments per year to be impacted, etc. P-1572 Barlen and Associates submitted P-1572 requesting that PHMSA explicitly state in Sec. 173.312 that for liquefied compressed gases in Multiple-Element Gas Containers (MEGCs), the filling density of each pressure receptacle must not exceed the values contained in Packing Instruction P200 of the UN Model Regulations, as specified in Sec. 173.304b, and the contents of each DOT-specification cylinder cannot exceed the densities specified in Sec. 173.304a(a)(2).\\4\\ --------------------------------------------------------------------------- \\4\\ Note that the petition specifically referenced the 17th ed. of the UN Model Regulations, however, we will propose a change that references the edition currently incorporated by reference in Sec. 171.7 because we biennially update the edition for harmonization with international standards. --------------------------------------------------------------------------- Requirements for shipping MEGCs are specified in Sec. 173.312. Specifically, Sec. 173.312(b) details the filling requirements for MEGCs and states,'' [a] MEGC may not be filled to a pressure greater than the lowest marked working pressure of any pressure receptacle [and a] MEGC may not be filled above its marked maximum permissible gross mass.'' The requirement that each pressure receptacle contained in the MEGC may not be filled above the working pressure of the lowest marked working pressure of any pressure receptacle is clear for permanent (non-liquefied compressed) gases, which are generally filled by pressure; however, Sec. 173.312(b) does not contain a corresponding requirement addressing pressure receptacles containing a liquefied compressed gas, which are most often filled by weight. This lack of specificity for MEGCs containing liquefied compressed gas has led to some confusion on methods for their proper filling. Therefore, in this NPRM, we propose to specify the filling ratio requirements for pressure receptacles. PHMSA does not anticipate this provision will impose any new burden, as this proposal would only emphasize an important safety requirement already stated in Sec. 173.304a for DOT-specification cylinders and Sec. 173.304b for UN pressure receptacles. PHMSA invites comments from affected entities regarding the following: Safety and economic impacts, level of difficulty and unnecessary confusion, need for change, etc. [[Page 48988]] P-1580 HMT Associates submitted P-1580 requesting that PHMSA revise Sec. Sec. 173.302(f)(2) and 173.304(f)(2) to require that the burst pressure of a rupture disc coincide with CGA S-1.1 for DOT 39 cylinders offered for transportation after October 1, 2008; other DOT- specification cylinders with the first requalification due after October 1, 2008; and UN pressure receptacles prior to initial use. Specifically, as prescribed in 4.2.2 of CGA S-1.1, the required burst pressure of the rupture disc ``shall not exceed 80% of the minimum cylinder burst pressure and shall not be less than 105% of the cylinder test pressure.'' Section 173.301(f) states that a cylinder filled with a compressed gas and offered for transportation ``must be equipped with one or more [pressure relief devices (PRDs)] sized and selected as to type, location and quantity and tested in conformance with CGA S-1.1 [Pressure Relief Device Standards--Part 1--Cylinders for Compressed Gases, Fourteenth Edition (2005)] and CGA S-7 [Method for Selecting Pressure Relief Devices for Compressed Gas Mixtures in Cylinders (2005)].'' Sections 172.302(f)(2) and 172.304(f)(2) specify that the rated burst pressure of a rupture disc for DOT 3A, 3AA, 3AL, 3E, and 39 cylinders, as well as that for UN ISO 9809-1, ISO 9809-2, ISO 9809-3, and ISO 7866 cylinders containing oxygen, compressed; compressed gas, oxidizing, n.o.s.; or nitrogen trifluoride, must be 100 percent of the cylinder minimum test pressure with a tolerance of `plus zero' to minus 10 percent. In response to PHMSA's NPRM entitled ``Hazardous Materials: Miscellaneous Amendments'' published on September 29, 2010 [75 FR 60017] under Docket No. PHMSA-2009-0151 (HM-218F), HMT Associates submitted a late-filed comment that identified a potential discrepancy between the HMR and CGA S-1.1. Specifically, this commenter stated the HMR have different PRD settings than CGA S-1.1 for DOT 39 cylinders that make it virtually impossible to comply with both the HMR and CGA S-1.1. Sections 173.302(f)(2) and 173.304(f)(2) require the rated burst pressure of a rupture disc for DOT 3A, 3AA, 3AL, 3E, and DOT 39 cylinders to be 100 percent of the cylinder minimum test pressure with a tolerance of `plus zero' to minus 10 percent, whereas section 4.2.2 of CGA S-1.1 requires the rated burst pressure of the rupture disc on DOT 39 cylinders to be not less than 105 percent of the cylinder test pressure. In this NPRM, PHMSA proposes to revise Sec. 173.301(f) as it applies to DOT 39 cylinders to alleviate any confusion and conflict between the PRD requirements in Sec. 173.301(f) and those in Sec. Sec. 173.302(f)(2) and 173.304(f)(2) with respect to minimum burst pressure of pressure relief devices on a DOT 39 cylinder used for the transport of compressed and liquified oxidizing gases by air. PHMSA notes that the","truncated":true,"body_characters":251929}