{"operation":"document","citation":"PHMSA Guidance, Hazardous Materials: Unapproved Foreign-Made DOT Cylinders","title":"Hazardous Materials: Unapproved Foreign-Made DOT Cylinders","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-11-01","effective_on":"2019-11-01","summary":"Hazardous Materials: Unapproved Foreign-Made DOT Cylinders Document 2019-23878.pdf (264.06 KB) PHMSA is issuing this safety advisory notice to inform the public, industrial gas stakeholders, and relevant government officials of the risks associated with requalifying, filling, and transporting cylinders bearing the DOT specification markings \"DOT 4E\" or \"DOT 4BA\" that were produced by a company located in Thailand by ","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-hazardous-materials-unapproved-foreign-made-dot-cylinders-0-082ee000.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-hazardous-materials-unapproved-foreign-made-dot-cylinders-0-082ee000.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-hazardous-materials-unapproved-foreign-made-dot-cylinders-0-082ee000","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/hazardous-materials-unapproved-foreign-made-dot-cylinders-0","body":"Hazardous Materials: Unapproved Foreign-Made DOT Cylinders\n\nDocument\n\n 2019-23878.pdf (264.06 KB)\n\n        PHMSA is issuing this safety advisory notice to inform the public, industrial gas stakeholders, and relevant government officials of the risks associated with requalifying, filling, and transporting cylinders bearing the DOT specification markings \"DOT 4E\" or \"DOT 4BA\" that were produced by a company located in Thailand by the name of Metal Mate. Metal Mate does not have an approval from PHMSA to manufacture cylinders to DOT specifications; therefore, cylinders marked with the Metal Mate name are not DOT specification cylinders.\n\n          Issued Date: Friday, November 1, 2019\n\n<<<PAGE 1>>>\n\nFederal Register / Vol. 84, No. 212 / Friday, November 1, 2019 / Notices\n58829\n(Signature)\nlllllllllllllllllllll\n(Position Title, please print)\nEffective Date:\nllllllllllllll\nUNITED STATES OF AMERICA\nDEPARTMENT OF TRANSPORTATION\nMARITIME ADMINISTRATION\nlllllllllllllllllllll\n(MARAD Secretary)\nBy: lllllllllllllllllll\nMaritime Administrator\n(SEAL)\n* * * * *\nPublic Participation\nHow do I submit comments?\nPlease submit your comments,\nincluding the attachments, following the\ninstructions provided under the above\nheading entitled ADDRESSES. Be advised\nthat it may take a few hours or even\ndays for your comment to be reflected\non the docket. In addition, your\ncomments must be written in English.\nWe encourage you to provide concise\ncomments and you may attach\nadditional documents as necessary.\nThere is no limit on the length of the\nattachments.\nPlease note that even after the\ncomment period has closed, MARAD\nwill continue to file relevant\ninformation in the Docket as it becomes\navailable.\nWhere do I go to read public comments,\nand find supporting information?\nGo to the docket online at http://\nwww.regulations.gov, keyword search\nMARAD–2019–0183 or visit us in\nperson at the Docket Management\nFacility (see ADDRESSES for hours of\noperation). We recommend that you\nperiodically check the Docket for new\nsubmissions and supporting material.\nWill my comments be made available to\nthe public?\nYes. Be aware that your entire\ncomment, including your personal\nidentifying information, will be made\npublicly available.\nMay I submit comments confidentially?\nIf you wish to submit comments\nunder a claim of confidentiality, you\nshould submit three copies of your\ncomplete submission, including the\ninformation you claim to be confidential\nbusiness information, to the Department\nof Transportation, Maritime\nAdministration, Office of Legislation\nand Regulations, MAR–225, W24–302,\n1200 New Jersey Avenue SE,\nWashington, DC 20590. Include a cover\nletter setting forth with specificity the\nbasis for any such claim and, if possible,\na summary of your submission that can\nbe made available to the public.\nPrivacy Act\nIn accordance with 5 U.S.C. 553(c),\nDOT solicits comments from the public\nto better inform its rulemaking process.\nDOT posts these comments, without\nedit, to www.regulations.gov, as\ndescribed in the system of records\nnotice, DOT/ALL–14 FDMS, accessible\nthrough www.dot.gov/privacy. To\nfacilitate comment tracking and\nresponse, we encourage commenters to\nprovide their name, or the name of their\norganization; however, submission of\nnames is completely optional. Whether\nor not commenters identify themselves,\nall timely comments will be fully\nconsidered. If you wish to provide\ncomments containing proprietary or\nconfidential information, please contact\nthe agency for alternate submission\ninstructions.\nAuthority: 50 U.S.C. 4558, 49 CFR 1.93(a)\nand (l), 44 CFR 332.\n* * * * *\nDated: October 29, 2019.\nBy Order of the Maritime Administrator.\nT. Mitchell Hudson, Jr.,\nSecretary, Maritime Administration.\n[FR Doc. 2019–23908 Filed 10–31–19; 8:45 am]\nBILLING CODE 4910–81–P\nDEPARTMENT OF TRANSPORTATION\nPipeline and Hazardous Materials\nSafety Administration\n[Docket No. PHMSA–2019–0130; Notice No.\n2019–07]\nHazardous Materials: Unapproved\nForeign-Made DOT Cylinders\nAGENCY: Pipeline and Hazardous\nMaterials Safety Administration\n(PHMSA), Department of Transportation\n(DOT).\nACTION: Safety advisory notice.\nSUMMARY: PHMSA is issuing this safety\nadvisory notice to inform the public,\nindustrial gas stakeholders, and relevant\ngovernment officials of the risks\nassociated with requalifying, filling, and\ntransporting cylinders bearing the DOT\nspecification markings ‘‘DOT 4E’’ or\n‘‘DOT 4BA’’ that were produced by a\ncompany located in Thailand by the\nname of Metal Mate. Metal Mate does\nnot have an approval from PHMSA to\nmanufacture cylinders to DOT\nspecifications; therefore, cylinders\nmarked with the Metal Mate name are\nnot DOT specification cylinders. They\nmust not be used to transport hazardous\nmaterials in commerce to, from, or\nwithin the United States, or on a United\nStates-registered aircraft. These\ncylinders may not perform to the\nmarked DOT performance standard and\nmay not be safe for commercial\ntransportation or consumer use.\nFOR FURTHER INFORMATION CONTACT: The\nHazardous Materials Information\nCenter, (202) 366–4488 or 1–800–467–\n4922; infocntr@dot.gov.\nSUPPLEMENTARY INFORMATION: PHMSA\nhas become aware that a company\nlocated in Thailand by the name of\nMetal Mate has been producing and\nselling propane cylinders that were\nmarked as ‘‘DOT 4E’’ without an\napproval from PHMSA. PHMSA is\naware of two cylinders found in\nAustralia that were marked as ‘‘DOT 4E\n240’’ with Metal Mate’s name marked as\nthe manufacturer. Third party testing\nrevealed that the cylinders may not\nmeet the DOT 4E standard.\nAdditionally, another cylinder\nproduced by Metal Mate and marked as\n‘‘DOT 4E’’ has been found in Colombia.\nMetal Mate cylinders can be identified\nby the name ‘‘Metal Mate’’ and ‘‘MM’’\nlogo stamped into the cylinder collar\nadjacent to other cylinder markings\n(water capacity, test pressure, serial\nnumber, original test date).\nPHMSA has also received information\nthat Metal Mate is producing cylinders\nthat are being marked as ‘‘DOT 4BA\n240.’’ Evidence indicates that Metal\nMate has shipped cylinders as marked\nto both Bangladesh and New Zealand.\nFederal hazardous materials\ntransportation law (49 U.S.C. 5101–\n5128) authorizes the Secretary of\nTransportation (Secretary) to establish\nregulations to safely transport hazardous\nmaterials in intrastate, interstate, and\nforeign commerce. It also authorizes the\nSecretary to apply these regulations to\npersons who manufacture or maintain a\npackaging or a component of a\npackaging that is represented, marked,\ncertified, or sold as qualified for use in\nthe transportation of a hazardous\nmaterial in commerce (see 49 CFR\n171.1). The Secretary delegated this\nauthority to PHMSA in 49 CFR 1.97(b).\nAs stated in 49 CFR 178.2(b), marking\na packaging with a DOT specification,\ne.g., ‘‘DOT 4E 240,’’ means that all\nrequirements of the marked DOT\nspecification have been met and each\naction performed by, or for, the person\nwhose name or symbol appears on the\ncylinder marking meets the\nrequirements specified in part 178.\nThese requirements include multiple\ntests for DOT 4BA and DOT 4E\ncylinders. For DOT 4E cylinders, the\nspecification also requires a chemical\nanalysis (see 49 CFR 178.51 for the\nspecification requirements for DOT 4BA\ncylinders, and § 178.68 for the\nVerDate Sep<11>2014 19:23 Oct 31, 2019 Jkt 250001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\01NON1.SGM 01NON1\n\n<<<PAGE 2>>>\n\n58830 Federal Register / Vol. 84, No. 212 / Friday, November 1, 2019 / Notices\nspecification requirements for DOT 4E\ncylinders).\nPursuant to 49 CFR 107.807(a), a\nforeign manufacturer who seeks to\nmanufacture DOT specification\ncylinders must obtain an approval from\nPHMSA that permits that manufacturer\nto perform the required chemical\nanalyses and tests outside the United\nStates. Metal Mate does not possess any\nsuch approval from PHMSA, and is\ntherefore not authorized to mark\ncylinders that it manufactures as\ncomplying with DOT specifications.\nAny cylinder produced by Metal Mate\nmarked as meeting a DOT specification\nis not approved, is not a DOT\nspecification cylinder, and may not\nmeet DOT performance standards.\nThe PHMSA approval process 1\ninvolves the careful review and onsite\ninspection of the applicant company’s\nproduct documentation, cylinder\nmanufacturing process, employee\ntraining records, and the presence and\neffectiveness of quality control measures\nat various stages during the cylinders’\nproduction. Since this review and\ninspection was not performed, DOT has\nno evidence that these cylinders are\ndesigned to withstand pressurization\nduring filling and use and to safely\ncontain hazardous materials transported\nin commerce. Improper design and\nmanufacturing could potentially lead to\na release of hazardous materials or\nfailure of the cylinder.\nConsequently, as a safety measure,\nPHMSA wants to inform consumers that\ncylinders manufactured by Metal Mate,\neven if bearing a DOT specification\nmarking, must not be used to transport\nhazardous materials in commerce to,\nfrom, or within the United States, or on\na United States-registered aircraft. These\ncylinders may not perform to DOT\nperformance standards, and may not be\nsafe to use as one would use a DOT\nspecification cylinder.\nIssued in Washington, DC, on October 28,\n2019.\nWilliam S. Schoonover,\nAssociate Administrator for Hazardous\nMaterials Safety, Pipeline and Hazardous\nMaterials Safety Administration.\n[FR Doc. 2019–23878 Filed 10–31–19; 8:45 am]\nBILLING CODE 4910–60–P\nDEPARTMENT OF TRANSPORTATION\nOffice of the Secretary\n[Docket No. DOT–OST–2015–0076]\nAgency Information Collection\nActivities: Request for Comments;\nClearance of a New Information\nCollection(s): U.S. Department of\nTransportation, Individual Complaint of\nEmployment Discrimination Form\nAGENCY: Office of the Secretary, U.S.\nDepartment of Transportation.\nACTION: Notice and request for\ncomments.\n1 https://www.phmsa.dot.gov/hazmat/pressure-\nvessels-approvals/pressure-vessels-overview.\nSUMMARY: In accordance with the\nPaperwork Reduction Act of 1995, this\nnotice announces that the U.S.\nDepartment of Transportation (DOT)\nwill forward the Information Collection\nRequest (ICR) abstracted below to the\nOffice of Management and Budget\n(OMB) for renewal of a previously\napproved collection. The ICR describes\nthe nature of the information collection\nand its expected cost and burden hours.\nThe OMB approved the form in 2017\nwith its renewal required by January 31,\n2020.\nDATES: Comments on this notice must be\nreceived by December 31, 2019.\nADDRESSES: You may submit comments\n[identified by Docket No. DOT–OST–\n2015–0076] by any of the following\nmethods:\nFax: 202–493–2064.\nMail: Docket Management Facility,\nU.S. Department of Transportation, 1200\nNew Jersey Avenue SE, West Building,\nRoom W12–140, Washington, DC 20590.\nHand Delivery: Docket Management\nFacility, U.S. Department of\nTransportation, 1200 New Jersey\nAvenue SE, West Building, Room W12–\n140, Washington, DC 20590, between 9\na.m. and 5 p.m., Monday through\nFriday, except on Federal holidays.\nFederal eRulemaking Portal: http://\nwww.regulations.gov. Follow the online\ninstructions for submitting comments.\nInstructions: All submissions must\ninclude the Agency name (Office of the\nSecretary, DOT) and docket number for\nthis rulemaking. You should provide\ntwo copies of your comments if you\nsubmit them by mail or hand delivery.\nNote that all comments received will be\nposted without change to\nwww.regulations.gov, including any\npersonal information provided, and will\nbe available to internet users. You may\nreview DOT’s complete Privacy Act\nStatement in the Federal Register\npublished on April 11, 2000 (65 FR\n19477) or you may visit http://\nDocketsInfo.dot.gov.\nDocket: For internet access to the\ndocket to read background documents\nand comments received, go to\nwww.regulations.gov. Background\ndocuments and comments received may\nalso be viewed at DOT, 1200 New Jersey\nAvenue SE, Docket Operations, West\nBuilding, Room W12–140, Washington,\nDC 25090, between 9 a.m. and 5 p.m.,\nMonday through Friday, except Federal\nholidays.\nFOR FURTHER INFORMATION CONTACT:\nBeverly Onwubere, Associate Director,\nEEO Complaints and Investigations\nDivision (S–34), U.S. Department of\nTransportation, Departmental Office of\nCivil Rights, W78–316, 1200 New Jersey\nAvenue SE, Washington, DC 20590,\n202–366–5988 (office),\nbeverly.onwubere@dot.gov.\nSUPPLEMENTARY INFORMATION:\nOMB Control Number: 2105–0556.\nTitle: Individual Compliant of\nEmployment Discrimination Form.\nForm Numbers: DOT–F 1050–8.\nType of Review: Extension of a\nPreviously Approved Collection.\nAbstract: The DOT will utilize the\nform to collect information necessary to\nprocess EEO discrimination complaints\nfiled by individuals who are Federal\nemployees, former employees or\napplicants for employment with the\nDepartment. These complaints are\nprocessed in accordance with the U.S.\nEqual Employment Opportunity\nCommission’s regulations, Title 29,\nCode of Federal Regulations, Part 1614,\nas amended. The DOT will use the form\nto: (a) Request requisite information\nfrom the applicant for processing his/\nher EEO discrimination complaint; and\n(b) obtain information to identify an\nindividual or his or her attorney or other\nrepresentative, if appropriate. An\napplicant’s filing of an EEO\ndiscrimination complaint is solely\nvoluntary. The DOT estimates that it\ntakes an applicant approximately one\nhour to complete the form.\nRespondents: Federal employees,\nformer employees or applicants for\nemployment with the Department.\nEstimated Number of Respondents:\n100 per year.\nEstimated Total Burden on\nRespondents: 100 hours per year.\nComments Are Invited on: (a)\nWhether the proposed collection of\ninformation is reasonable for the proper\nperformance of the EEO functions of the\nDepartment, and (b) the accuracy of the\nDepartment’s estimate of the burden of\nthe proposed information collection. All\nresponses to the notice will be\nsummarized and included in the request\nfor OMB approval. All comments will\nalso become a matter of public record.\nVerDate Sep<11>2014 19:23 Oct 31, 2019 Jkt 250001 PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\01NON1.SGM 01NON1","truncated":false,"body_characters":14069}