{"operation":"document","citation":"85 FR 85380","title":"Hazardous Materials: Miscellaneous Amendments Pertaining to DOT-Specification Cylinders","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-12-28","effective_on":"2021-01-27","summary":"PHMSA is amending 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 stakeholders and agency review of compressed gas cylinder regulations. Specifically, PHMSA is incorporating by reference or updating the references to several Compressed Gas Association publications, amending the filling requirements for compressed and liquefied gases, expanding the use of salvage cylinders, and revising and clarifying the manufacture and requalification requirements for cylinders.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2020-26264.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2020-26264.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2020-26264","source_url":"https://www.federalregister.gov/documents/2020/12/28/2020-26264/hazardous-materials-miscellaneous-amendments-pertaining-to-dot-specification-cylinders","body":"Federal Register, Volume 85 Issue 248 (Monday, December 28, 2020) [Federal Register Volume 85, Number 248 (Monday, December 28, 2020)] [Rules and Regulations] [Pages 85380-85437] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2020-26264] [[Page 85379]] Vol. 85 Monday, No. 248 December 28, 2020 Part III Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 107, 171, 173, et al. Hazardous Materials: Miscellaneous Amendments Pertaining to DOT- Specification Cylinders; Final Rule Federal Register / Vol. 85 , No. 248 / Monday, December 28, 2020 / Rules and Regulations [[Page 85380]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, 173, 178 and 180 [Docket No. PHMSA-2011-0140 (HM-234)] RIN 2137-AE80 Hazardous Materials: Miscellaneous Amendments Pertaining to DOT- Specification Cylinders AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is amending 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 stakeholders and agency review of compressed gas cylinder regulations. Specifically, PHMSA is incorporating by reference or updating the references to several Compressed Gas Association publications, amending the filling requirements for compressed and liquefied gases, expanding the use of salvage cylinders, and revising and clarifying the manufacture and requalification requirements for cylinders. DATES: Effective date: January 27, 2021. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 27, 2021. The incorporation by reference of other publications listed in this rule were previously approved by the Director of the Federal Register as of January 1, 2004 (ASTM E 8-99 and Welding Aluminum: Theory and Practice, Fourth Edition) and May 11, 2020 (Transport Canada TDG Regulations). Compliance Date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning December 28, 2021. FOR FURTHER INFORMATION CONTACT: Eamonn Patrick, 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. NPRM Background IV. Petitions for Rulemaking and Comments Received V. Special Permits and Comments Received VI. Agency Initiated Editorial Corrections VII. Section-by-Section Review VIII. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Final Rule B. Executive Order 12866 and DOT Policies and Procedures for Rulemakings C. Executive Order 13771 D. Executive Order 13132 E. Executive Order 13175 F. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies G. Paperwork Reduction Act H. Regulation Identifier Number (RIN) I. Unfunded Mandates Reform Act of 1995 J. Environmental Assessment K. Privacy Act L. Executive Order 13609 and International Trade Analysis M. National Technology Transfer and Advancement Act I. Executive Summary Cylinders filled with a Class 2 hazardous material (gas) or other hazardous materials and offered for transportation must comply with various requirements 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 repair, maintenance, and periodic requalification of cylinders. Additionally, cylinders must meet other requirements in the HMR, such as regulations that address the modal requirements on cylinders in transportation including general handling, loading, unloading, and stowage. PHMSA (also referred to herein as ``we'' or ``us''), in response to petitions for rulemaking submitted by stakeholders and an Agency initiated review of the regulations, is making 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; and revising and clarifying the manufacture and requalification requirements for cylinders. This final rule is also presenting minor and miscellaneous regulatory editorial corrections. These revisions are collectively intended to result in a net reduction of regulatory burdens while maintaining or enhancing the existing level of safety of hazardous materials transported in cylinders. Based on the regulatory impact analysis conducted in support of this final rule, PHMSA estimates that adoption of this final rule will result in net cost savings of approximately $.70 million over 10 years, or $70,000 annualized (undiscounted). II. ANPRM Background On May 29, 2012, PHMSA published an Advance Notice of Proposed Rulemaking (ANPRM) to obtain public comment from those likely to be affected by the possible adoption of ten petitions for rulemaking and three special permits (SP) into the HMR (77 FR 31551). Commenters included cylinder manufacturers, cylinder requalifiers, independent 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. The ANPRM proposed adopting the petitions for rulemaking and special permits to 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 a 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 supportive for all of the petitions, with the exception of P-1515. PHMSA received four comments regarding the 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: [[Page 85381]] Table 1--ANPRM Commenters and Associated Comment Docket No. ---------------------------------------------------------------------------------------------------------------- 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 (CGA)........................... PHMSA-2011-0140-0005 PHMSA-2011-0140-0012 PHMSA-2011-0140-0013 PHMSA-2011-0140-0020 Council on Safe Transportation of Hazardous Articles, Inc. PHMSA-2011-0140-0026 (COSTHA). 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 ---------------------------------------------------------------------------------------------------------------- Please see the HM-234 notice of proposed rulemaking (NPRM) published on July 26, 2016 (81 FR 48978) for a detailed discussion of comments made to the ANPRM. III. NPRM Background On July 26, 2016, PHMSA published an NPRM to obtain public comment on changes proposed to the HMR (81 FR 48978). The NPRM addressed 20 total petitions, one special permit, and several PHMSA-initiated editorial changes intended to clarify HMR requirements. After publication of the NPRM, PHMSA received comments from 44 stakeholders on the proposed changes. A table of commenters is shown in Table 2 below: Table 2--NPRM Commenters and Associated Comment Docket No. ---------------------------------------------------------------------------------------------------------------- Company Docket ID No. ---------------------------------------------------------------------------------------------------------------- Alaska Airlines............................................ PHMSA-2011-0140-0036 Amerex..................................................... PHMSA-2011-0140-0061 AmeriGas Propane, L.P...................................... PHMSA-2011-0140-0066 Amtrol..................................................... PHMSA-2011-0140-0063 PHMSA-2011-0140-0058 Bancroft Hinchey Inc....................................... PHMSA-2011-0140-0071 Compressed Gas Association (CGA)........................... PHMSA-2011-0140-0052 Council on Safe Transportation of Hazardous Articles PHMSA-2011-0140-0083 (COSTHA). CTC (Certified Training Co.)............................... PHMSA-2011-0140-0057 PHMSA-2011-0140-0042 Danko Emergency Equipment Co............................... PHMSA-2011-0140-0044 Dow Chemical Company....................................... PHMSA-2011-0140-0060 Entegris................................................... PHMSA-2011-0140-0082 FIBA....................................................... PHMSA-2011-0140-0074 PHMSA-2011-0140-0041 Fike Corporation........................................... PHMSA-2011-0140-0077 Fire Suppression Systems Association (FSSA)................ PHMSA-2011-0140-0047 Firehouse Hydro Sales and Service.......................... PHMSA-2011-0140-0067 Ford Motor Company......................................... PHMSA-2011-0140-0055 Galiso Incorporated........................................ PHMSA-2011-0140-0062 Hidroprob S.A.............................................. PHMSA-2011-0140-0079 HMT Associates, LLC........................................ PHMSA-2011-0140-0049 Honeywell.................................................. PHMSA-2011-0140-0084 Hydro-Test Products Inc.................................... PHMSA-2011-0140-0033 Independent Cylinder Training (ICT)........................ PHMSA-2011-0140-0068 Janus Fire Systems......................................... PHMSA-2011-0140-0069 Kidde-Fenwal, Inc.......................................... PHMSA-2011-0140-0065 Manchester Tank............................................ PHMSA-2011-0140-0050 Wesley Scott............................................... PHMSA-2011-0140-0080 Chart, Inc................................................. PHMSA-2011-0140-0078 Guardian Services, Inc..................................... PHMSA-2011-0140-0072 Joshua Blake............................................... PHMSA-2011-0140-0059 Jeff Elliot................................................ PHMSA-2011-0140-0043 David Felkins.............................................. PHMSA-2011-0140-0035 W Andrews.................................................. PHMSA-2011-0140-0034 [[Page 85382]] Katherine Bowman........................................... PHMSA-2011-0140-0032 National Association of Fire Equipment Distributors........ PHMSA-2011-0140-0053 National Propane Gas Association........................... PHMSA-2011-0140-0070 Noble Gas Solutions........................................ PHMSA-2011-0140-0045 Northeast Pressure Vessel Testing.......................... PHMSA-2011-0140-0046 Praxair.................................................... PHMSA-2011-0140-0073 Quality Safety Solutions, LLC.............................. PHMSA-2011-0140-0040 Scuba Do................................................... PHMSA-2011-0140-0081 Steve Gentry............................................... PHMSA-2011-0140-0086 The Chemours Company FC, LLC............................... PHMSA-2011-0140-0054 Thunderbird Cylinder....................................... PHMSA-2011-0140-0037 Worthington Cylinder....................................... PHMSA-2011-0140-0064 ---------------------------------------------------------------------------------------------------------------- Most comments addressed more than one change proposed in the NPRM. The comments are discussed below in the context of each petition or other proposed changes it addresses. IV. Petitions for Rulemaking and Comments Received Table 3 lists the petitions included in the docket for this proceeding. The NPRM addressed 20 total petitions. The table below provides the petition number, the petitioner's name, the docket number on www.regulations.gov , a summary of the request(s), the affected 49 CFR sections, whether PHMSA proposed to adopt the petition in the NPRM, and the decision to adopt, adopt in part, or not adopt the petition in this final rule. Table 3--Petition Summary -------------------------------------------------------------------------------------------------------------------------------------------------------- Petition No. Petitioner Docket No. Summary Affected sections Proposed to adopt? Adopted? -------------------------------------------------------------------------------------------------------------------------------------------------------- P-1499............. Compressed Gas PHMSA-2007-28485........... Replace the Sec. Sec. Proposed to adopt. Adopted. Association. incorporated by 171.7; 172.102 reference (IBR) (SP 338); Seventh Edition of the 173.3(d)(9); CGA C-6 Standards for 173.198(a); Visual Inspection of 180.205(f)(1); Steel Compressed Gas 180.209(c), Cylinders with the (b)(1)(iii), (d), revised Tenth Edition (f), (g), (m); and update the 180.211(d)(1)(ii) appropriate references ; 180.411(b); throughout the HMR. 180.510(c). P-1501............. Compressed Gas PHMSA-2007-28759........... Revise the Sec. Sec. Proposed to adopt Adopted in part. Association. specification 178.50, 178.51, in part. requirements for 4B, 178.61, 178.68. 4BA, 4BW, and 4E cylinders to provide clarity. P-1515............. Certified Training PHMSA-2008-0101............ Adopt changes to the Sec. Sec. Proposed to adopt, Adopted in part. Company. requalification 180.203, 180.205, except those process designed to 180.207, 180.209, changes not clarify the 180.211, 180.212, necessary because regulations in the 180.213, and of incorporation event CGA Standard C- 180.215 and by reference of 1, Methods of Pressure appendices C and CGA C-1 under P- Testing Compressed Gas E to part 180. 1626. Cylinders, is not incorporated. P-1521............. Compressed Gas PHMSA-2008-0152............ Allow the use of labels Sec. Proposed to adopt. n/a; addressed by Association. described in CGA C-7- 172.400a(a)(1)(i). another 2004 on a cylinder rulemaking. contained in an overpack. P-1538............. The Wicks Group, PHMSA-2009-0138............ Allow Sec. Sec. Sec. Not proposed to Not adopted. representing 173.306(a)(1) to 171.8, adopt. Jetboil Inc. permit camping stove 173.306(a)(1). 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, 3AA, 3AL Sec. 180.209(a). Not proposed to Not adopted. cylinders in Division adopt. 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. 178.35(f).. Proposed to adopt. Adopted. Association. manufactured 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 used as Sec. 173.309(a). Proposed to adopt. Adopted in part. Services, Inc. a component of a fixed fire suppression system to be transported under the exceptions applicable to fire extinguishers. [[Page 85383]] P-1560............. Air Products and PHMSA-2010-0176............ Modify the maximum Sec. Not proposed to Not adopted. Chemicals, Inc. permitted filling 173.304a(a)(2). adopt. Addressed densities for carbon by revisions made dioxide and nitrous under rulemaking oxide to include HM-233F [81 FR 70.3%, 73.2%, and 3635]. 74.5% in DOT 3A, 3AA, 3AX, 3AAX, and 3T cylinders. P-1563............. Regulatory Affairs PHMSA-2010-0208............ Authorize an Sec. n/a; We asked for Not adopted. Management ``overpack'' as a 173.301(a)(9). further comment. Center--3M strong outer package Package for cylinders listed Engineering, in the section, except Global Dangerous aerosols ``2P'' and Goods. ``2Q,'' marked with the phrase ``inner packagings conform to the prescribed specifications''. P-1572............. Barlen and PHMSA-2011-0017............ Revise the filling Sec. Sec. Proposed to adopt, Adopted, in part. Associates, Inc. ratio for liquefied 173.301(g)(1)(ii) in part. compressed gases in and 173.312. 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 burst Sec. Sec. Proposed to adopt. Adopted. pressure of the 173.301(f)(4), rupture disc on a 173.302(f)(2), cylinder ``shall not 173.304(f)(2). exceed 80% of the minimum cylinder burst pressure and shall not be less than 105% of the cylinder test pressure'' for DOT 39 cylinders containing oxidizing gas transported by aircraft. P-1582............. Water Systems PHMSA-2011-0135............ Revise the limited Sec. 173.306(g). Proposed to adopt. Adopted. Council. 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). P-1592............. Compressed Gas PHMSA-2012-0173............ IBR CGA S-1.1, 2011 Sec. Sec. Proposed to adopt. Adopted. Association. Pressure Relief Device 173.301(c), (f) Standards, Part 1, and (g), Cylinder for 173.302a(c), Compressed Gas, 173.304a(e), Fourteenth Edition. 178.75(f). P-1596............. Chemically PHMSA-2012-0200............ Add Class 4 and Class 5 Sec. 173.3(d)(1) Proposed to adopt. Adopted. Speaking, LLC. hazardous materials to the hazard classes in an authorized salvage cylinders. P-1622............. Worthington PHMSA-2013-0210............ Restrict the internal Sec. Proposed to adopt. Adopted in part. Cylinder. volume of hazardous 173.304a(a)(2) materials shipped in a and (3). DOT-specification 39 cylinder to not exceed 75 cubic inches. P-1626............. Compressed Gas PHMSA-2013-0265............ IBR CGA C-1-2009, Sec. Sec. Proposed to adopt. Adopted. Association. Methods for Pressure 171.7, 178.36, Testing Compressed Gas 178.37, 178.38, Cylinders, Tenth 178.39, 178.42, Edition (C-1, 2009) as 178.44, 178.45, a reference in 49 CFR, 178.46, 178.47, and provide for 178.50, 178.51, specific language for 178.53, 178.55, sections 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-3-2005, Sec. Sec. Proposed to adopt. Adopted. Association. Reaffirmed 2011, 171.7, 178.47, Standards for Welding 178.50, 178.51, on Thin-Walled, Steel 178.53, 178.55, Cylinders, Seventh 178.56, 178.57, Edition. 178.58, 178.59, 178.60, 178.61, 178.65, 178.68, 180.211. [[Page 85384]] P-1629............. Compressed Gas PHMSA-2014-0012............ IBR CGA C-14-2005, Sec. Sec. Proposed to adopt. Adopted. Association. Reaffirmed 2010, 171.7, 173.301, Procedures for Fire 173.323. 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. Proposed to adopt. Not adopted. Association. ``recondition'' for 180.203 and DOT-4L welded 180.211(c) and insulated cylinders (e). 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 Compressed Gas Association (CGA) submitted P-1499 requesting that PHMSA incorporate by reference the Tenth Edition of its publication C-6, dated 2005, Standards for Visual Inspection of Steel Compressed Gas Cylinders (CGA C-6), replacing the Seventh Edition, and update the appropriate references throughout the HMR. The Tenth Edition of the CGA C-6 provides enhanced guidance for cylinder requalifiers-- including guidance on the inspection of Multiple-Element Gas Containers (MEGCs) and thread inspection for cylinders used in corrosive gas service--and clarifies maximum allowable depths and measuring techniques for various types of corrosion. PHMSA agrees that the CGA C-6 Tenth Edition provides improved and updated guidance on inspecting MEGCs. After the submission of this petition, the Eleventh Edition of the CGA C-6, dated 2013, was made available. PHMSA, therefore, proposed in the NPRM to update the incorporated by reference version of CGA C-6 to the Eleventh Edition. PHMSA determined that the changes from the Tenth to the Eleventh Editions were minor and improved safety, while not imposing any additional burdens on the regulated community. Comments. Bancroft Hinchey, Worthington Cylinder, the National Association of Fire Equipment Distributors (NAFED) and CGA submitted comments supporting incorporation by reference of the Eleventh Edition of CGA C-6. Thunderbird Cylinder submitted a comment requesting revisions to CGA publication C-6.1, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders and CGA publication C- 11, Recommended Practices for Inspection of Compressed Gas Cylinders at Time of Manufacture. PHMSA response. In this final rule, PHMSA is incorporating by reference the Eleventh Edition of the CGA C-6, as proposed. The Tenth Edition of the CGA C-6 provides enhanced guidance for cylinder requalifiers--including guidance on the inspection of Multiple-Element Gas Containers (MEGCs) and thread inspection for cylinders used in corrosive gas service--and clarifies maximum allowable depths and measuring techniques for various types of corrosion. PHMSA has determined that the changes from the Tenth to the Eleventh Editions were minor and improved safety, while not imposing any additional burdens on the regulated community. The Eleventh edition of CGA C-6 is available for purchase online and will be available for public inspection at the Hazardous Material Information Center after publication of the final rule. Thunderbird Cylinder's comment is beyond the scope of this rulemaking, but we encourage Thunderbird Cylinder or other interested parties to reach out to CGA regarding potential revisions to its publications and then, if warranted, to submit separate petitions for rulemaking requesting that PHMSA incorporate by reference the revised versions of CGA C-6.1 and C-11, respectively. P-1501 CGA submitted P-1501 requesting that PHMSA revise the manufacturing requirements for DOT 4B, 4BA, 4BW, and 4E specification cylinders. CGA contends in their petition that the DOT 4-series welded cylinder manufacturing specification standards in the HMR are unclear in some respects and result in varied interpretations of what is required of manufacturers by both manufacturers and enforcement personnel. CGA states in the petition that their proposed changes do not present a significant economic impact to any single manufacturer or user, yet will 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 (ISO 4706-1), which is referenced in the UN Model Regulations. The HMR currently incorporates ISO 4706-1 into Sec. 178.71 as an authorized standard for the design and construction of UN pressure receptacles. Comments. CGA submitted a comment reiterating their support for adoption of P-1501. Bancroft Hinchey submitted a comment supporting all proposed changes to the manufacturing specifications in Sec. Sec. 178.36-178.70. A summary of the specific changes proposed by P-1501, the comments received relative to the proposed changes, if any, and PHMSA's position and/or action are detailed below: (1) Revise the requirements for DOT-specification 4B, 4BA, 4BW, and 4E cylinders in Sec. Sec. 178.50(b), 178.51(b), 178.61(b), and 178.68(b), respectively, to ensure material compositions and the heat treatment are within the specified tolerances and are of uniform quality as follows: (1) Require a record of intentionally-added alloying elements, and (2) require materials manufactured outside of the United States to have a ladle analysis confirmed by a check analysis. Comments. We did not receive any comments regarding either proposal. PHMSA response. The provision regarding materials manufactured outside the United States having a ladle analysis confirmed by a check analysis is not necessary because Sec. 178.35(c)(2) requires inspectors to verify that the material of construction meets the requirements of the applicable specification by: (1) Making a chemical analysis of each heat of material; (2) obtaining a certified chemical analysis [[Page 85385]] from the material manufacturer for each heat of material (a ladle analysis is acceptable); or (3) if an analysis is not provided for each heat of material by the material manufacturer, by making a check analysis of a sample from each coil, sheet, or tube. However, we do believe a record of intentionally added alloying elements will be useful for ensuring material compositions are within the specified tolerances. A cylinder made of material within specified tolerances is less susceptible to deterioration or failure from the wear and tear on a cylinder from pressure cycling and exposure to pressurized gases. PHMSA, therefore, is adopting the requirement for manufacturers to maintain a record of intentionally added alloying elements, as proposed. (2) Revise the pressure tests for DOT-specification 4B, 4BA, 4BW, and 4E cylinders in Sec. Sec. 178.50(i), 178.51(i), 178.61(i), and 178.68(h), respectively, to permit use of the volumetric expansion test, a hydrostatic proof pressure test or a pneumatic proof pressure test. Given the added risk associated with pneumatic testing (i.e., using pressurized gas for testing) and that there are suitable alternatives to determine whether a cylinder has a leak at the time of manufacture, PHMSA did not propose to permit the use of pneumatic proof pressure testing in the NPRM. Comments. Fike Corporation, the National Propane Gas Association (NPGA), AmeriGas Propane, Amtrol, Worthington Cylinder (Worthington) and Manchester Tank (Manchester) submitted comments opposing PHMSA's decision to not permit the use of pneumatic proof pressure testing. Bancroft Hinchey and NAFED submitted comments supporting our decision to not permit the use of pneumatic proof pressure testing. PHMSA response. This final rule allows manufacturers to conduct pneumatic proof pressure tests, when proof pressure tests are authorized in part 178, subpart C. PHMSA is convinced by the comments from Fike, NPGA, Amerigas, Amtrol, Worthington, and Manchester that manufacturers currently account for the additional risks created by pneumatic proof pressure testing. PHMSA would like to emphasize that pneumatic proof pressure test systems can present increased risks to test personnel due to the amount of energy stored in a cylinder filled to test pressure with a gas. This stored energy, if released due to a cylinder failure, is sufficient to cause serious injury or death. Manufacturers must take this risk into account and develop systems to prevent the death or injury of their employees in the event of a catastrophic cylinder rupture at test pressure. The use of additional safety equipment such as blast shields, test cages, etc., is advisable to prevent possible injury to testing personnel and equipment. (3) Revise the physical and flattening tests and retest criteria for DOT-specification 4B, 4BA, 4BW, and 4E cylinders in Sec. Sec. 178.50, 178.51, 178.61, and 178.68, respectively, for consistency. These revisions would clarify the location on the cylinder from which the test specimens are removed. (a) Elongation Criteria Fike Corporation submitted a comment requesting that we review the proposed revisions to the elongation criteria for specimens taken from DOT 4B, 4BA and 4BW cylinders under Sec. Sec. 178.50, 178.51, and 178.61, based on its opinion that we should not revise the criteria at this time. PHMSA response. We agree with Fike Corporation's comment that PHMSA should not revise the elongation criteria. In reviewing the proposed changes based on comments received, we solicited comment from Steve Gentry, the original submitter of the elongation criteria modification to CGA, to provide additional justification for changing the elongation requirement to 20 percent for all specimens, regardless of gauge length in making our final determination on the proposed language based on CGA's petition. Mr. Gentry justified the requested change based on international harmonization and consistency with other elongation criteria calculations in the HMR. However, PHMSA does not believe these justifications warrant making the requested change. First, changing the elongation requirement will not assist in harmonizing with international standards at this time. A review of Transport Canada standard B339-18 shows that Canada has not revised cylinder manufacturing standards to require a 20 percent elongation for all specimens (e.g. see CSA B339-18 5.8.3). Second, we believe that changing the elongation criteria will introduce confusion to the detriment of compliance with no measurable safety benefit. Current elongation criteria are well understood in the industry and we do not believe we have enough information at this time to make the requested change. Additionally, in response to Mr. Gentry's final justification, we do not believe that the current elongation criteria for two inch specimens conflicts with the ``24t'' formula in Sec. Sec. 178.50(k)(2), 178.51(j)(2), and 178.61(k)(2). In Sec. Sec. 178.50(k)(2), 178.51(j)(2), and 178.61(k)(2), cylinder manufacturers may choose to conduct elongation tests on cylinder specimens with a set length of eight inches or two inches with width not over 1.5 inches, or use a cylinder specimen with a gauge length of 24 times the thickness of the wall with width not over 6 times the thickness, commonly known as a ``24t'' gauge length. Cylinder specimens with a gauge length of 2 inches must achieve elongation of at least 40 percent, while all other gauge lengths (i.e., the 24t gauge length) must achieve an elongation of at least 20 percent. Mr. Gentry identified several specific instances where a cylinder manufacturer utilizing the 24t gauge length option would use a calculated gauge length very close to 2 inches (e.g. a cylinder with a wall thickness of .0835 inches would, using the 24t formula, have a specimen 2.004 inches long) which would be subject to an elongation requirement of 20 percent, rather than the 40 percent requirement for a standard 2-inch gauge specimen. Mr. Gentry believes that the 20 percent elongation requirement for the 2.004 inch x .501- inch specimen calculated using the 24t method conflicts with the 40 percent elongation requirement for the 2 inch x 1\\1/2\\ inch specimen. A direct elongation comparison between specimens with 24t gauge length (GL) x 6t wide, and 2'' GL x 1\\1/2\\'' width, however, is not valid because the load resisting cross-sectional areas are not the same even when nearly the same gauge lengths are used for both specimens. Essentially the ``24t'' gauge length specimen and the 2-inch specimen cannot be directly compared because their cross-sectional areas are different; therefore, it is correct to have different elongation criteria even when the ``24t'' specimen is very nearly 2 inches long. PHMSA acknowledges that there may be room for improvement of the DOT 4- series cylinder elongation criteria associated with the physical and flattening tests and plans to continue reviewing the criteria for possible changes. (b) Non-Destructive Examination Fike Corporation submitted an additional comment opposing the proposed requirement to examine circumferential welds in addition to longitudinal welds using radioscopic or radiographic examination under proposed Sec. 178.61(f), indicating that it believes this is a significant change. Regarding Fike Corporation's comments on radioscopic or radiographic examination applicability, we agree. [[Page 85386]] The current requirements in Sec. 178.61(d)(3)(ii) require radioscopic or radiographic examination of the longitudinal weld only, except in the case of spot radioscopy or radiography. It was not our intent to impose new weld radioscopy or radiography requirements in this final rule. Therefore, in this final rule we are modifying the requirements in Sec. 178.61(d)(5) to clarify that radioscopic or radiographic examination of the circumferential weld is not required, except as part of spot radioscopy or radiography. Additionally, we are moving the proposed radiography examination language from Sec. 178.61(f) to Sec. 178.61(d)(5) in order to improve the organization of, and therefore, understanding of the section. (c) Specimen Test Failure In the NPRM, we proposed to amend the rejected cylinder paragraphs for 4B, 4BA and 4E cylinders to align them with the provisions for 4BW cylinders. Specifically, we proposed to add a provision to Sec. Sec. 178.50(n), 178.51(m), and 178.68(m) that would allow two additional specimens to be selected from the same lot and subjected to the prescribed test. If either of the two specimens failed the test, the entire lot would be rejected. No rationale was presented in P-1501 for this change. Moreover, we received no comments on these specific provisions. We do not believe that a change to cylinder rejection criteria is warranted at this time because we do not have enough supporting information to justify the change, and therefore we will not amend the rejected cylinder language in this final rule. We may consider this action in a future rulemaking. (4) Revise Sec. Sec. 178.50(n), 178.51(n), and 178.61(o), and 178.68, respectively, for DOT-specification 4B, 4BA, 4BW, and 4E cylinders to permit marking on the footring for cylinders with water capacities up to 30 pounds, instead of 25 pounds. We received no comments regarding this item and are adopting the revision as proposed. (5) Add additional options for the location of markings on DOT 4E cylinders in Sec. 178.68. We received no comments regarding this item and are adopting the addition as proposed. (6) Determination of Expansion. Related to P-1501, Worthington Cylinder submitted a comment requesting that we eliminate the requirement to determine expansion for non-spherical 4B, 4BA, and 4BW cylinders at time of manufacture. This comment is beyond the scope of this rulemaking. We encourage Worthington Cylinder or other interested parties to submit petitions on this issue. (7) Correction. In the review of the NPRM, PHMSA determined that we inadvertently replaced the word ``rejected'' with ``condemned'' in several places in Sec. Sec. 178.50, 178.51, 178.61, and 178.68. This was not our intent. In this final rule, we will maintain the HMR's existing language for cylinders rejected during manufacture. P-1515 The Certified Training Company (CTC) submitted P-1515 requesting that PHMSA make numerous revisions to the requirements for the requalification of DOT-specification cylinders found in 49 CFR part 180, subpart C. Part 180, subpart C includes definitions for terms used in the subpart, references to CGA publications for the visual inspection of cylinders, and requirements for hydrostatically testing cylinders including methods to ensure the accuracy of test equipment. Many changes proposed in P-1515 were intended to align the requirements in part 180, subpart C with an industry standard for the requalification of gas cylinders known as CGA C-1, Methods for Pressure Testing Compressed Gas Cylinders (CGA C-1). CTC acknowledged that the preferred outcome would be to incorporate by reference CGA C-1 into part 180, subpart C, but the petitioner presented an option whereby PHMSA could adopt many of the provisions of CGA C-1 into the current structure of the HMR without incorporating CGA C-1. Many of P-1515's proposed changes were only requested in the event that PHMSA chose not to adopt P-1626. P-1626 requested that PHMSA incorporate by reference CGA C-1 into part 180, subpart C. In the NPRM, PHMSA proposed to incorporate CGA C-1 (Eleventh Edition) into part 180, subpart C in addition to the numerous changes suggested by P-1515. CTC, along with numerous others, submitted extensive comments regarding this action. In this final rule, we will incorporate the Eleventh Edition of CGA C-1 for the requalification of compressed gas cylinders, which renders many of P-1515's proposed changes moot. Please see our discussion of P-1626 for additional discussion of CGA C-1 and revisions to the structure of part 180, subpart C. (1) Comments Related to the Incorporation by Reference of CGA C-1 (a) Definitions Certified Training Company (CTC) and Bancroft Hinchey submitted comments opposing our proposed inclusion of additional definitions for cylinder requalification terms in Sec. 180.203, which were intended to bring the HMR into alignment with CGA C-1. CTC also suggested we delete other long-standing definitions in Sec. 180.203 because they did not align with CGA C-1's definitions. PHMSA response. We agree with CTC and Bancroft Hinchey's comments to remove the definitions of ``Accuracy,'' ``Accuracy gr","truncated":true,"body_characters":392928}