Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations 16135 

* * * * * 

[FR Doc. E9–7825 Filed 4–8–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 173, 176, 178, and 

180 

[Docket No. PHMSA–2006–25910 (HM– 

218E)] 

RIN 2137–AE23 

Hazardous Materials: Miscellaneous 

Cargo Tank Motor Vehicle and Cylinder 

Issues; Petitions for Rulemaking 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: PHMSA is amending the 

Hazardous Materials Regulations to 

revise certain requirements applicable 

to the manufacture, maintenance, and 

use of DOT and MC specification cargo 

tank motor vehicles, DOT specification 

cylinders and UN pressure receptacles. 

The revisions are based on petitions for 

rulemaking submitted by the regulated 

community and are intended to enhance 

the safe transportation of hazardous 

materials in commerce, clarify 

regulatory requirements, and reduce 

operating burdens on cargo tank and 

cylinder manufacturers, requalifiers, 

carriers, shippers, and users. The most 

significant amendment adopted in this 

final rule addresses a safety issue 

identified by the National 

Transportation Safety Board concerning 

the transportation of compressed gases 

in cylinders mounted on motor vehicles 

or in frames, commonly referred to as 

tube trailers. 

DATES: Effective Date: This final rule is 

effective May 11, 2009. 

Voluntary Compliance Date: 

Voluntary compliance with all these 

amendments, including those with 

delayed mandatory compliance, is 

authorized as of April 9, 2009. 

Incorporation by Reference Date: The 

incorporation by reference of 

publications listed in this final rule has 

been approved by the Director of the 

Federal Register as of May 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Hattie L. Mitchell, Office of Hazardous 

Materials Standards, Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, East Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001, telephone (202) 366– 

8553. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Administrative Procedure Act 

(APA) requires Federal agencies to give 

interested persons the right to petition 

for the issuance, amendment, or repeal 

of a rule (5 U.S.C. 553(e)). PHMSA’s 

rulemaking procedure regulations, at 49 

CFR 106.95, provide for persons to ask 

PHMSA to add, amend or delete a 

regulation by filing a petition for 

rulemaking containing adequate support 

for the requested action. In this final 

rule, PHMSA (also ‘‘we’’ or ‘‘us’’) is 

amending the HMR based on petitions 

for rulemaking submitted by cargo tank 

and cylinder manufacturers, 

requalifiers, shippers, and carriers. We 

are also incorporating revisions to 

address requests for clarification of the 

regulations. These revisions are 

intended to enhance the safe 

transportation of hazardous materials in 

cargo tank motor vehicles and cylinders, 

clarify regulatory requirements, and 

reduce operating burdens on carriers, 

shippers, and users. 

II. Notice of Proposed Rulemaking 

We published a notice of proposed 

rulemaking (NPRM) under this docket 

on April 12, 2007 (72 FR 18446). The 

comment period for the NPRM closed 

on June 11, 2007. PHMSA received 21 

comments from the following 

individuals, companies, and 

organizations: 

(1) Matheson Tri Gas (Matheson; 

PHMSA–2006–25910–2 and 4); 

(2) Clifford L. Bartley (Bartley; 

PHMSA–2006–25910–3); 

(3) A&S Enterprises (A&S; PHMSA– 

2006–25910–4); 

(4) Taylor-Wharton Huntsville 

(Taylor-Wharton; PHMSA–2006–25910– 

5); 

(5) Catalina Cylinders (Catalina; 

PHMSA–2006–25910–7); 

(6) Norco Welding-Safety Medical 

Gases & Supplies (Norco; PHMSA– 

2006–25910–8); 

(7) Richard O. Harder (Harder; 

PHMSA–2006–25910–9); 

(8) Scott Specialty Gases (Scott 

Specialty; PHMSA–2006–25910–10); 

(9) Chemetall Foote Corp. (Chemetall; 

PHMSA–2006–25910–11); 

(10) National Transportation Safety 

Board (NTSB; PHMSA–2006–25910– 

13); 

(11) Certified Training Co. (CTC; 

PHMSA–2006–25910–14); 

(12) Luxfer Gas Cylinders (Luxfer; 

PHMSA–2006–25910–15); 

(13) Sherwood Harsco Corp. 

(Sherwood; PHMSA–2006–25910–16); 

(14) Air Products and Chemicals Inc. 

(Air Products; PHMSA–2006–25910– 

17); 

(15) National Propane Gas Assoc. 

(NPGA; PHMSA–2006–25910–18); 

(16) FMC Lithium (FMC Lithium; 

PHMSA–2006–25910–19); 

(17) Barlen & Assoc. Inc. (Barlen; 

PHMSA–2006–25910–20); 

(18) The Linde Group (Linde; 

PHMSA–2006–25910–21); 

(19) Roberts Oxygen Company, Inc. 

(Roberts; PHMSA–2006–25910–22); 

(20) Steigerwalt (Steigerwalt; 

PHMSA–2006–25910–23); and 

(21) Compressed Gas Association 

(CGA; PHMSA–2006–25910–24). 

Commenters are generally supportive of 

the proposals in the NPRM. All of the 

proposals, with corresponding 

comments, are discussed in more detail 

below. 

III. Proposals Not Adopted 

We are not adopting two of the 

amendments proposed in the NPRM 

relating to the incorporation by 

reference of two CGA publications. In 

the NPRM, we proposed the 

incorporation of CGA V–9 titled 

‘‘Standard for Compressed Gas Cylinder 

Valves, 2005 Fifth Edition’’ which was 

requested by CGA (P–1422). This 

amendment contained in proposed 

§§ 173.40(c) and 173.301(a)(11) would 

have required each valve on a cylinder 

to conform to CGA V–9 unless 

otherwise excepted. We received 15 

comments from Air Products, Matheson, 

Taylor-Wharton, Catalina, Norco, 

Harder, Scott Specialty, Chemetall, 

Luxfer, Sherwood, NPGA, FMC 

Lithium, Barlen, Linde, and Roberts. 

With the exception of Luxfer, these 

commenters request that we delay the 

incorporation by reference of CGA V–9 

to allow sufficient time for CGA to 

resolve certain concerns that would 

cause confusion to both industry and 

enforcement officials. Luxfer suggests 

that we adopt CGA V–9 and revise the 

HMR to establish in-process approvals, 

controls, and inspections for the 

manufacture of V–9 valves. Because 

CGA is in the process of revising the 

CGA V–9 publication, we agree with the 

commenters who suggest that the 

publication should not be incorporated 

into the HMR at this time. 

We also proposed the incorporation of 

CGA C–1 titled ‘‘Methods for 

Hydrostatic Testing of Compressed Gas 

Cylinders,’’ that was requested by CGA 

(P–1485). This amendment contained in 

proposed § 180.205(g) would have 

required the requalification of cylinders 

using a pressure test conducted in 

accordance with CGA C–1. Air Products 

supports referencing CGA C–1. Two 

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other commenters, A&S and CTC, 

disagree with referencing the 

publication. A&S states that referencing 

CGA C–1 for use would not best serve 

the interest of safety and would increase 

costs for cylinder requalifiers who use 

the hydrostatic test method. However, 

A&S provided no information to support 

its position. CTC expresses concerns 

about the adequacy of certain provisions 

in CGA C–1, including test equipment 

accuracy, calibrated cylinder design 

requirements, and certain omissions. 

Because CGA is in the process of 

revising the CGA C–1 publication, we 

are not incorporating the publication 

into the HMR at this time. 

IV. Summary of Adopted Amendments 

The following is a review-by-section 

summary of changes and, where 

applicable, a discussion of comments 

received. 

A. Part 171 

Incorporations by Reference (§ 171.7) 

Section 171.7(a) lists the publications 

incorporated by reference (IBR) into the 

HMR. In addition, paragraph (b) in this 

section contains a list of informational 

materials not requiring incorporation by 

reference. In the NPRM, we proposed to 

amend this section by adding or revising 

certain IBR and informational materials. 

Commenters support adoption of these 

materials. Therefore, in response to CGA 

petition P–1489, under the entry 

‘‘Compressed Gas Association, Inc.,’’ we 

are updating CGA G–2.2, ‘‘Guideline 

Method for Determining Minimum of 

0.2% Water in Anhydrous Ammonia,’’ 

from the 1985 Edition to reflect the 1985 

Second Edition, Reaffirmed 1997. 

Section 173.315(l), prohibits the use of 

MC 330 and MC 331 cargo tanks 

constructed of quenched and tempered 

‘‘QT’’ steel to transport anhydrous 

ammonia unless the ammonia has the 

specified minimum water content. The 

analysis of the water content in the 

ammonia is conducted as prescribed in 

CGA G–2.2. Currently, CGA G–2.2, 

1985, Second Edition is incorporated by 

reference in § 171.7(a)(3). CGA 

reaffirmed this publication in 1997. 

There were no changes to the document 

other than the title reflecting that it was 

reaffirmed in 1997. The other adopted 

IBR materials are discussed later in this 

preamble with their applicable 

regulatory amendments. 

B. Part 173 

Mobile Refrigeration Systems (§ 173.5b) 

In the NPRM, in response to Western 

Growers Association (WGA) petition P– 

1352, we proposed to revise the HMR to 

provide for the transportation of large, 

mobile refrigeration systems used by the 

agricultural produce industry at field 

sites to help preserve freshly harvested 

fruit and vegetables. These refrigeration 

systems consist of ASME non-DOT 

specification pressure components with 

a maximum total volumetric capacity 

per vehicle of 2,500 gallons. Refrigerant 

systems placed in service prior to 

June 1, 1991, have a maximum 

allowable working pressure (MAWP) 

between 150 to 250 psig; those placed 

in service on or after June 1, 1991, have 

an MAWP of 250 psig. These 

refrigeration systems, commonly known 

as vacuum tubes, accumulators, 

refrigeration units, icemakers, pressure 

coolers or evaporators, primarily use 

Division 2.2 refrigerant gases or 

anhydrous ammonia in the cooling 

process. The refrigeration systems may 

or may not be mounted on a motor 

vehicle and currently are operated 

under a special permit (SP–10285) that 

requires each refrigeration system to be 

visually inspected annually and proof 

pressure tested at least once every two 

years. In the NPRM, we proposed design 

and safety control measures for these 

refrigeration systems consistent with 

those specified in the special permit and 

established conditions for their use. We 

did not receive any comments regarding 

this amendment; therefore, with minor 

editorial revisions, we are adopting it as 

proposed. In addition, in the IBR 

materials in § 171.7(b), we are adding an 

entry for the American Society for 

Testing and Materials’ publication 

ASTM E 290–97a (2004) and revising 

the entries for the ASME Code, ASTM 

A 53/A 53M–06a and ASTM A 106/A 

106M–06a to add a corresponding 

reference to § 173.5b. 

Classification Criteria for Toxic Gas 

Mixtures (§ 173.115) 

In § 173.115(c)(2), the definition for 

Division 2.3 material (gas poisonous by 

inhalation) provides that LC50 values for 

mixtures may be determined using the 

formula in § 173.133(b)(1)(i) or CGA P– 

20, ‘‘Standard for Classification of Toxic 

Gas Mixtures.’’ In the NPRM, we 

proposed to update CGA P–20 from the 

1995 2nd edition to the 2003 3rd edition 

as requested by CGA (P–1488). We did 

not receive any comments opposing this 

update; therefore, we are adopting the 

amendment as proposed. 

Tube Trailers (§ 173.301) 

This section prescribes general 

requirements for the shipment of 

compressed gases in cylinders and 

spherical pressure vessels. Paragraph (i) 

of § 173.301 specifies guidelines for 

cylinders mounted on motor vehicles or 

in frames, commonly referred to as tube 

trailers. Seamless DOT specification 

cylinders longer than 2 meters (6.5 feet) 

may be transported only when 

horizontally mounted on a vehicle or in 

an ISO framework or other framework of 

equivalent structural integrity. In the 

NPRM, we proposed to revise 

§ 173.301(i) to reference the technical 

bulletin, CGA TB–25, ‘‘Design 

Considerations for Tube Trailers,’’ 2005 

edition in response to a CGA petition 

(P–1484). CGA TB–25 addresses 

protective structures for valves and 

pressure relief devices, and design 

considerations for the static, dynamic, 

and thermal loads affecting tube trailers. 

These design considerations are 

intended to reduce the likelihood of the 

tube separating from the trailer and to 

minimize the unintentional release of 

hazardous materials in the event of a 

highway collision, including but not 

limited to, a rollover accident, thereby 

promoting the reliable operation of the 

trailers under normal conditions and 

minimizing the risk of a catastrophic 

accident. CGA developed TB–25 to 

address safety concerns identified 

following a May 1, 2001 hydrogen gas 

tube trailer incident in Ramona, 

Oklahoma, investigated by the National 

Transportation Safety Board (NTSB). In 

the incident, certain horizontally 

mounted cylinders on a semi-trailer, 

along with valves, piping and fittings, 

were damaged, causing the release of 

hydrogen gas. 

In the NPRM, we stated the adoption 

of CGA TB–25 would respond to two 

NTSB safety recommendations (H–02– 

23 and H–02–24). Based on its 

investigation of the May 1, 2001 

accident, NTSB recommended that 

PHMSA revise § 173.301 to clearly 

require valves, piping, and fittings on 

cylinders that are horizontally mounted 

and used to transport hazardous 

materials to be protected from 

multidirectional forces that are likely to 

occur during accidents, including 

rollovers (Recommendation H–02–23) 

and to require cylinders that are used to 

transport hazardous materials and are 

horizontally mounted on a semitrailer to 

be protected from impact with the 

roadway or terrain to reduce the 

likelihood of their being fractured and 

ejected during a rollover accident 

(Recommendation H–02–24). 

In response to the NPRM, NTSB 

submitted comments stating that CGA 

TB–25 adequately addresses Safety 

Recommendation H–02–23, but 

expressing concern that CGA TB–25 

does not adequately address Safety 

Recommendation H–02–24. NTSB notes 

that in the May 1, 2001 accident, 6 of 

the 10 cylinders on the semi-trailer 

extended beyond the envelope of the 

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mounting bulkheads on the semi-trailer. 

Consequently, during the rollover and 

sliding of the semi-trailer along the 

ground, the exposed cylinders, rather 

than the mounting bulkheads, sustained 

the initial impact with the roadway and 

ground. NTSB states CGA TB–25 does 

not specifically require the individual 

cylinders to be within the envelope of 

the mounting bulkheads or otherwise be 

protected from direct impact with the 

roadway or ground and the NPRM does 

not explain how the implementation of 

the multidirectional loading standards 

for the cylinders and mounting 

attachments reduces the exposure of 

cylinders to direct impacts in rollover 

accidents. NTSB also notes the 

cylinders on the tube trailer in the 

Ramona accident were permanently 

mounted on the trailer chassis, while 

CGA TB–25 defines a ‘‘tube module’’ as 

an assembly of one or more tubes 

horizontally mounted on a structural 

frame that is designed to be temporarily 

mounted on a motor vehicle, and does 

not specifically require that tube 

modules meet the comparable loadings 

and accident protection standards 

implemented for tube bundles that are 

permanently mounted on a trailer 

chassis. 

Based on the concerns raised in the 

NTSB comments, CGA formed a 

committee to address the issues 

identified by NTSB and responded with 

detailed comments and a revised CGA 

TB–25 that are available in the public 

docket. CGA disagrees with NTSB on 

the causal factors of the Ramona 

accident and contends that modifying 

existing trailers or designing new 

trailers so that the envelope extends 

beyond the cylinders is unjustified 

based upon the circumstances of the 

Ramona accident. CGA notes that prior 

to the Ramona tube trailer rollover, 

there are no records of previous 

incidents that resulted in an actual 

failure of a cylinder. CGA further states 

that, in the early stages of the 

development of CGA TB–25, a CGA task 

force spent a significant amount of time 

reviewing the details of the NTSB 

report, as well as information gathered 

from individuals with first-hand 

knowledge of the investigation and the 

tube trailer involved, to gain a more 

thorough understanding of the cause of 

the cylinder failure. The CGA task force 

observed that the threads on the 

mounting flange and the corresponding 

threads on the neck of the failed tube 

showed evidence of excessive wear. The 

task force concluded, therefore, that the 

excessive wear of the threads in the 

mounting flanges allowed the neck on 

the rear end of one of the cylinders to 

pull loose from the mounting flange 

during the initial rollover. The 

cantilevered movement of the now 

unrestrained rear end of the cylinder 

imparted substantial stress on the 

restrained front neck of the cylinder, 

causing the cylinder neck to fracture. 

CGA notes that its conclusion that 

contact of the cylinder with the roadway 

was not the cause of the cylinder failure 

is substantiated by evidence from 

previous rollover incidents where 

cylinders contacting the road surface 

exhibited only abrasion damage similar 

to that depicted on the remaining 

cylinders on the tube trailer shown in 

Figure 5 of the NTSB investigation 

report. As a result, the task force 

concludes that one of the key design 

considerations for CGA TB–25 should 

be the securement of the tubes within 

the tube bundles. 

To address this securement issue, 

CGA established another task force to 

develop inspection criteria for the 

mounting threads on cylinders mounted 

on tube trailers that could be performed 

during requalification. CGA’s 

publication on mounting thread 

inspection is targeted for publication in 

early 2009. In the interim, we have 

posted periodic thread inspection 

guidelines for cylinders mounted on 

tube trailers on the PHMSA Web site 

(http://www.phmsa.dot.gov/staticfiles/ 

PHMSA/DownloadableFiles/ Files/ 

Inspection_Procedure.pdf). To address 

NTSB’s concern regarding the 

distinction between the requirements 

for a tube module and a tube bundle, 

CGA revised TB–25 to address its 

applicability to tube modules. In this 

final rule, we are incorporating the 

revised CGA TB–25, 2008 edition by 

reference into the HMR. 

Requalification of DOT 3BN Cylinders 

(§ 173.338) 

Section 173.338 authorizes the use of 

DOT 3BN cylinders for the shipment of 

tungsten hexafluoride. In response to a 

petition (P–1458) from Air Products, we 

proposed in the NPRM to permit DOT 

3BN cylinders used exclusively for 

tungsten hexafluoride to be requalified 

by an external visual inspection in place 

of the volumetric expansion test. The 

proposal was based on the safety record 

of a similar chemical, hydrogen 

fluoride, which has a similar exception. 

This alternative requalification method 

is currently authorized under the terms 

of a special permit (DOT SP–14016). In 

response to the proposed amendment, 

Air Products requests that we revise the 

proposed language to allow a cylinder 

utilizing this exception to be given a 

complete internal inspection and a 

volumetric expansion test if used to 

transport other types of hazardous 

materials rather than require the 

cylinder to be removed from service and 

condemned, as required under the 

special permit. Air Products notes that 

cylinders used in tungsten hexafluoride 

service are authorized for the 

transportation of other types of 

compressed gases provided all 

applicable HMR requirements are met. 

Air Products further notes that the 

condemnation requirement in DOT SP– 

14016 was based on the fact that it was 

applied for and granted on an 

emergency basis. The commenter is not 

correct. We included the condemnation 

requirement in the special permit 

because of the similarity of the two 

chemicals. Air Product has not provided 

any technical and safety data to support 

waiving the requirement. Therefore, the 

amendment is adopted as proposed. 

C. Part 176 

Stowage Requirements for Class 2 

Material on Vessels (§ 176.200) 

Section 176.200 prescribes general 

stowage requirements for Class 2 

(compressed gases) materials 

transported aboard vessels. In response 

to a petition (P–1471) from Horizon 

Lines, we proposed in the NPRM to 

prohibit the stowage on vessels of 

Division 2.1 (flammable) gases in 

powered refrigerated temperature 

controlled containers (reefer units) 

unless the equipment is capable of 

preventing ignition of flammable vapors 

by having non-sparking or explosionproof electric fittings within the cooling 

compartment. This amendment is 

consistent with requirements contained 

in the International Maritime Dangerous 

Goods Code. We received one 

supportive comment (Bartley). We did 

not receive any comments opposing this 

amendment; therefore, we are adopting 

it as proposed. 

D. Part 178 

DOT 4E Cylinders (§ 178.68) 

Section 178.68 contains the 

manufacturing specification for DOT 4E 

welded aluminum cylinders. Paragraph 

(l)(2) specifies the guided bend test 

procedures and rejection criteria to be 

applied to welds. In response to a 

petition (P–1486) from Worthington 

Cylinders Corp (Worthington), we 

proposed in the NPRM to revise 

paragraph (l)(2) to authorize the use of 

an alternate bend test illustrated in 

paragraph 12 of The Aluminum 

Association’s publication, ‘‘Welding 

Aluminum: Theory and Practice’’ for 

determining the soundness of 

circumferential seam welds on 

aluminum cylinders. We did not receive 

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16138 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations 

any comments opposing this 

amendment; therefore, we are adopting 

it as proposed. 

DOT 406, 407, and 412 Cargo Tank 

Motor Vehicles (§ 178.345–3) 

Section 178.345–3 prescribes 

structural integrity requirements for the 

design and construction of DOT 406, 

DOT 407, and DOT 412 cargo tank 

motor vehicles. In response to a petition 

(P–1408) from TTMA, we proposed in 

the NPRM to revise paragraph (a) to 

reference TTMA RP 96–01, ‘‘Structural 

Integrity of DOT 406, DOT 407, and 

DOT 412 Cylindrical Cargo Tanks,’’ as 

suitable guidance for performing the 

structural integrity calculations. We did 

not receive any comments regarding this 

amendment; therefore, we are adopting 

it as proposed. In addition, we are 

revising paragraph (b) of § 171.7, List of 

informational materials not requiring 

incorporation by reference, to add a 

reference to TTMA RP No. 96–01 and a 

corresponding section reference for 

§ 178.345–3. 

Manhole Assemblies on DOT 406, 407, 

and 412 Cargo Tank Motor Vehicles 

(§ 178.345–5) 

Section 178.345–5 prescribes 

requirements for manhole assemblies 

used on DOT 406, DOT 407, and DOT 

412 cargo tank motor vehicles. In 

response to a petition (P–1372) from 

TTMA, we proposed in the NPRM to 

revise paragraph (f) to remove a 

duplicative manhole marking 

requirement. We did not receive any 

comments regarding this amendment; 

therefore, we are adopting it as 

proposed except for certain minor 

editorial revisions. 

E. Part 180 

Cargo Tank Testing and Inspection 

(§ 180.407) 

Section 180.407 prescribes 

requirements for the periodic testing 

and inspection of specification cargo 

tanks. Paragraph (d)(3) of § 180.407 

requires each reclosing pressure relief 

valve that is required to be removed and 

tested to be able to open at the required 

set pressure and reseat to a leak-tight 

condition at 90 percent of the set-todischarge pressure or the pressure for 

the applicable cargo tank specification. 

In response to a petition for rulemaking 

from Keehn Service Corporation (Keehn 

Service) (P–1436), we proposed to revise 

paragraphs (d)(3) and (g)(1)(ii)(A) of 

§ 180.407 to specify that reclosing and 

self-closing pressure relief valves must 

be set to discharge at a pressure no more 

than 110% of the required set pressure. 

Providing for a tolerance is consistent 

with the set-to-discharge tolerance 

allowed for certain other DOT 

specification pressure vessels. We 

received comments from Air Products 

and NPGA regarding this proposed 

amendment. Air Products is supportive 

of the amendment as proposed. NPGA 

recommends the usage of the term 

‘‘start-to-discharge’’ in place of the term 

‘‘set-to-discharge.’’ NPGA also suggests 

we clarify that reseating to a leak tight 

position should occur at ‘‘no less than’’ 

90 percent of the set-to-discharge 

pressure. We agree with both 

suggestions and believe that they would 

benefit the regulated community. Also, 

the tank car and portable tank 

requirements in the HMR use similar 

terminology. 

V. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This final rule is published under 

authority of 49 U.S.C. 5103(b), which 

authorizes the Secretary of 

Transportation to prescribe regulations 

for the safe transportation, including 

security, of hazardous material in 

intrastate, interstate, and foreign 

commerce. The purpose of this final 

rule is to enhance the safe 

transportation of hazardous materials in 

cargo tank motor vehicles and cylinders, 

clarify regulatory requirements, and 

reduce operating burdens on carriers, 

shippers, and users. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

section 3(f) of Executive Order 12866 

and, therefore, was not reviewed by the 

Office of Management and Budget 

(OMB). This rule is not significant 

under the Regulatory Policies and 

Procedures of the Department of 

Transportation (44 FR 11034). 

In this final rule, we are amending the 

HMR to enhance safety and to offer 

greater flexibility in complying with the 

regulatory requirements for cargo tanks 

and cylinders without sacrificing the 

current HMR level of safety. Most of 

these amendments are based on 

petitions for rulemaking submitted by 

the regulated community and, for the 

most part, should reduce overall 

compliance costs. For example, several 

of the amendments adopted in this final 

rule provide regulatory relief through 

alternative means of compliance with 

certain industry consensus standards. 

Adoption of industry standards reduces 

the regulatory burden on persons who 

offer hazardous material for 

transportation and persons who 

transport hazardous materials in 

commerce. Industry standards 

developed and adopted by consensus 

generally are accepted and followed by 

the industry; thus, their incorporation 

by reference in the HMR assures that the 

industry is not forced to comply with a 

different set of standards to accomplish 

the same safety goal. In addition, several 

amendments adopted in this final rule 

provide regulatory relief through 

compliance with certain nationally and 

internationally recognized standards 

such as the American Society of 

Mechanical Engineers (ASME) Boiler 

and Pressure Vessel Code and standards 

published by the American Society for 

Testing and Materials (ASTM) and the 

International Organization for 

Standardization (ISO). Requiring 

regulatory compliance with standards 

such as the ASME Code, ASTM and ISO 

takes advantage of established and welldefined and proven practices. 

Additionally, we are addressing a 

safety problem involving the 

transportation of hazardous materials in 

tube trailers through adoption of CGA 

consensus standard TB–25, ‘‘Design 

Considerations for Tube Trailers.’’ The 

updated CGA standard addresses safety 

concerns identified by NTSB in its 

investigation of an accident involving 

tube trailers that resulted in the release 

of hydrogen gas. We anticipate 

transportation of hydrogen gas in tube 

trailers will increase significantly in the 

coming years to support its use as an 

alternative fuel for automobiles and 

other vehicles. Ensuring that hydrogen 

gas will be transported safely to 

suppliers and distribution centers will 

be essential to support its use as an 

alternative fuel. The CGA standard 

addresses protective structures for 

valves and pressure relief devices and 

design considerations for static, 

dynamic, and thermal loads affecting 

tube trailers. The standard is intended 

to reduce the likelihood of the tubes 

separating from the trailer and to 

prevent the unintentional release of 

hazardous materials in the event of a 

highway collision or rollover accident. 

Because we are adopting an industry 

consensus standard that revises a 

standard already in widespread use, we 

expect compliance costs associated with 

this proposal will be minimal. 

Overall this final rule will enhance 

transportation safety and reduce the 

overall compliance burden on the 

regulated industry. 

C. Executive Order 13132 

This final rule was analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

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Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations 16139 

preempts State, local, and Indian tribe 

requirements but does not propose any 

regulation that has substantial direct 

effects on the States, the relationship 

between the national government and 

the States, or the distribution of power 

and responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

The Federal hazardous materials 

transportation law, 49 U.S.C. 5101– 

5127, contains an express preemption 

provision (49 U.S.C. 5125(b)) that 

preempts State, local, and Indian tribe 

requirements on certain covered 

subjects. Covered subjects are: 

(i) The designation, description, and 

classification of hazardous material; 

(ii) The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous material; 

(iii) The preparation, execution, and 

use of shipping documents related to 

hazardous material and requirements 

related to the number, contents, and 

placement of those documents; 

(iv) The written notification, 

recording, and reporting of the 

unintentional release in transportation 

of hazardous material; or 

(v) The design, manufacture, 

fabrication, inspection, marking, 

maintenance, reconditioning, repair, or 

testing of a packaging or container 

represented, marked, certified, or sold 

as qualified for use in transporting 

hazardous material in commerce. 

This final rule addresses covered 

subject items (v) above and preempts 

State, local, and Indian tribe 

requirements not meeting the 

‘‘substantively the same’’ standard. 

Federal hazardous materials 

transportation law provides at 

§ 5125(b)(2) that, if DOT issues a 

regulation concerning any of the 

covered subjects, DOT must determine 

and publish in the Federal Register the 

effective date of Federal preemption. 

The effective date may not be earlier 

than the 90th day following the date of 

issuance of the final rule and not later 

than two years after the date of issuance. 

PHMSA has determined the effective 

date of Federal preemption for these 

requirements will be 1 year from the 

date of publication of a final rule in the 

Federal Register. 

D. Executive Order 13084 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13084 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this rule does not significantly 

or uniquely affect the communities of 

the Indian tribal governments and does 

not impose substantial direct 

compliance costs, the funding and 

consultation requirements of Executive 

Order 13084 do not apply. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Regulatory 

Policies and Procedures 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires an agency to 

review regulations to assess their impact 

on small entities unless the agency 

determines a rule is not expected to 

have a significant impact on a 

substantial number of small entities. 

This final rule incorporates several 

petitions for rulemaking submitted by 

the regulated community. As specified 

above, there may be minimal increased 

costs associated with the adoption of 

CGA TB–25. However, the revisions as 

a whole in this rule should decrease 

overall compliance costs for the 

regulated community while enhancing 

the safe transportation of hazardous 

materials in commerce. Therefore, I 

certify this rule should not have a 

significant economic impact on a 

substantial number of small entities. 

This final rule has been developed in 

accordance with Executive Order 13272 

(‘‘Proper Consideration of Small Entities 

in Agency Rulemaking’’) and DOT’s 

procedures and policies to promote 

compliance with the Regulatory 

Flexibility Act to ensure potential 

impacts of draft rules on small entities 

are properly considered. 

F. Paperwork Reduction Act 

PHMSA currently has approved 

information collections under Office of 

Management and Budget (OMB) Control 

Number 2137 0014, ‘‘Cargo Tank 

Specification Requirements,’’ with an 

expiration date of February 28, 2011. 

This final rule contains no new 

information collection and 

recordkeeping requirements. The annual 

visual inspection certification and 

record retention requirement prescribed 

for portable and mobile refrigeration 

systems in § 173.5b(d) of the final rule 

are required currently under the terms 

of the special permit (DOT–SP 10285) 

and are included in the burden hours 

reported under OMB Control Number 

2137–0014. 

Title 5, Code of Federal Regulations 

requires us to provide interested 

members of the public and affected 

agencies an opportunity to comment on 

information collection and 

recordkeeping requests. Under the 

Paperwork Reduction Act of 1995, no 

person is required to respond to an 

information collection unless it has 

been approved by OMB and displays a 

valid OMB control number. Section 

1320.8(d), Title 5, Code of Federal 

Regulations requires that PHMSA 

provide interested members of the 

public and affected agencies an 

opportunity to comment on information 

collection and recordkeeping requests. 

Requests for a copy of these 

information collections should be 

directed to Deborah Boothe or T. Glenn 

Foster, Office of Hazardous Materials 

Standards (PHH–10), Pipeline and 

Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue, SE., (Second Floor, East 

Building), Washington, DC 20590–0001, 

Telephone (202) 366–8553. 

G. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 

H. Unfunded Mandates Reform Act 

This final rule imposes no unfunded 

mandates and thus does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. 

I. Environmental Assessment 

The National Environmental Policy 

Act (42 U.S.C. 4321–4375) requires that 

Federal agencies analyze proposed 

actions to determine whether the action 

will have a significant impact on the 

human environment. The Counsel on 

Environmental Quality (CEQ) 

regulations order Federal agencies to 

conduct an environmental review 

considering (1) The need for the 

proposed action; (2) alternatives to the 

proposed action; (3) probable 

environmental impacts of the proposed 

action and alternatives; and (4) the 

agencies and persons consulted during 

the consideration process. 40 CFR 

1508.9(b). 

1. Purpose and Need 

PHMSA is making miscellaneous 

amendments to the HMR based on 

petitions for rulemaking and PHMSA’s 

own initiatives. The amendments are 

intended to update, clarify, or provide 

relief from certain existing regulatory 

requirements to promote safer 

transportation practices; eliminate 

unnecessary regulatory requirements; 

resolve outstanding petitions for 

rulemaking; and make these 

requirements easier to understand. 

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16140 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations 

2. Alternatives 

In developing the proposed rule, we 

considered two alternatives: 

(1) Do nothing. 

(2) Propose revisions to the HMR 

based on petitions for rulemaking and 

PHMSA initiatives. 

Alternative 1: 

Because our goal is to facilitate 

uniformity, compliance, commerce and 

safety in the transportation of hazardous 

materials, we rejected this alternative. 

Alternative 2: 

Many of the industry standards 

currently incorporated by reference 

have been revised and updated to 

incorporate new technology and 

methodology. Most of the amendments 

would relax requirements in certain 

instances or allow for alternative means 

of compliance while still ensuring 

safety, clarify regulatory requirements, 

and make the regulatory provisions 

more consistent—all in furtherance of 

the safe transportation of hazardous 

materials in commerce. 

3. Analysis of Environmental Impacts 

Hazardous materials are transported 

by aircraft, vessel, rail, and highway. 

The potential for environmental damage 

or contamination exists when packages 

of hazardous materials are involved in 

accidents or en route incidents resulting 

from cargo shifts, valve failures, package 

failures, or loading, unloading, or 

handling problems. The ecosystems that 

could be affected by a release include 

air, water, soil, and ecological resources 

(for example, wildlife habitats). The 

adverse environmental impacts 

associated with releases of most 

hazardous materials are short-term 

impacts that can be greatly reduced or 

eliminated through prompt clean up of 

the accident scene. Most hazardous 

materials are not transported in 

quantities sufficient to cause significant, 

long-term environmental damage if they 

are released. 

The hazardous material regulatory 

system is a risk management system that 

is prevention-oriented and focused on 

identifying a hazard and reducing the 

probability and quantity of a hazardous 

material release. Making the regulatory 

provisions in the HMR clearer and more 

consistent with industry standards will 

promote compliance and thereby 

enhance the safe transportation of 

hazardous materials and the protection 

of the environment. Updating the 

references to industry standards 

enhances safety and environmental 

protection by recognizing the use of new 

technologies. This final rule to relax 

certain regulatory requirements is based 

on PHMSA’s experience, review, and 

determination that the changes are 

consistent with safety. Neither the ‘‘do 

nothing’’ alternative nor the action 

alternative would result in any 

significant impacts on the environment. 

4. Consultations and Public Comment 

Various modal agencies, including 

FMCSA, FRA, and the USCG were 

consulted and participated in the notice 

and comment process. A listing of the 

commenters is specified in the 

SUPPLEMENTARY INFORMATION section 

under ‘‘Background.’’ No commenters 

addressed the potential environmental 

impacts of the proposals in the NPRM. 

5. Decision About the Degree of 

Environmental Impact 

PHMSA finds that the selected 

alternative will not have a significant 

impact on the human environment. 

J. Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, 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 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.dot.gov. 

List of Subjects 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Incorporation by reference, Packaging 

and containers, Radioactive materials, 

Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 176 

Hazardous materials transportation, 

Maritime carriers, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 178 

Hazardous materials transportation, 

Incorporation by reference, Motor 

vehicle safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 180 

Hazardous materials transportation, 

Incorporation by reference, Motor 

carriers, Motor vehicle safety, Packaging 

and containers, Railroad safety, 

Reporting and recordkeeping 

requirements. 

■ In consideration of the foregoing, 49 

CFR Chapter I is amended as follows: 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 1. The authority citation for part 171 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.45 and 1.53; Public Law 101–410 

section 4 (28 U.S.C. 2461 note); Public Law 

104–134 section 31001. 

■ 2. In § 171.7, the following 

amendments are made: 

■ a. Paragraph (a)(2)(i) is revised; 

■ b. In the table in paragraph (a)(3), 

under The Aluminum Association, the 

organization address is revised and a 

new entry titled ‘‘Welding Aluminum: 

Theory and Practice,’’ 2002 Fourth 

Edition is added in alphabetical order; 

■ c. In the table in paragraph (a)(3), 

under American Society of Mechanical 

Engineers, the organization address and 

the entry titled ‘‘ASME Code, Sections 

II (Parts A and B), V, VIII (Division 1), 

and IX of 1998 Edition of American 

Society of Mechanical Engineers Boiler 

and Pressure Vessel Code,’’ are revised; 

■ d. In the table in paragraph (a)(3), 

under American Society for Testing and 

Materials, the organization address is 

revised and entries for ASTM A53/ 

A53M–06a and ASTM A106/A106M– 

06a) are added in alphanumeric order; 

■ e. In the table in paragraph (a)(3), 

under Compressed Gas Association, 

Inc., the organization address and the 

entries for CGA Pamphlet G–2.2 1985 

edition and CGA Pamphlet P–20 1995 

edition are revised; 

■ f. In the table in paragraph (a)(3), 

under Compressed Gas Association Inc., 

a new entry for CGA TB–25 2008 

edition is added in alphanumeric order; 

■ g. In the table in paragraph (a)(3), 

under International Organization for 

Standardization, the organization 

address and the entry ISO 9809–1:1999 

(E) are revised; and 

■ h. In paragraph (b), a new entry 

‘‘Truck Trailer Manufacturers 

Association,’’ 1020 Princess Street, 

Alexandria, Virginia 22314, ‘‘TTMA RP 

No. 96–01,’’ January 1, 2001 Edition is 

added in alphabetical order. 

The revisions and additions read as 

follows: 

§ 171.7 Reference material. 

(a) * * * 

(2) * * * 

(i) The Office of Hazardous Materials 

Safety, Office of Hazardous Materials 

Standards, East Building, PHH–10, 1200 

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Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations 16141 

New Jersey Avenue, SE., Washington, 

DC 20590–0001. For information on the 

availability of this material at PHH–10, 

call 1–800–467–4922, or go to: http:// 

www.phmsa.dot.gov; and 

* * * * * 

(3) Table of material incorporated by 

reference. * * * 

Source and name of material 49 CFR reference 

* * * * * * * 

The Aluminum Association, 420 Lexington Avenue, New York, NY 10017, telephone 

301–645–0756, http://www.aluminum.org: 

* * * * * * * 

Welding Aluminum: Theory and Practice, 2002 Fourth Edition ..................................... 178.68 

* * * * * * * 

American Society of Mechanical Engineers, ASME International, 22 Law Drive, P.O. Box 

2900, Fairfield, NJ 07007–2900, telephone 1–800–843–2763 or 1–973–882–1170, 

http://www.asme.org: 

‘ASME Code’; ASME Code, Sections II (Parts A and B), V, VIII (Division 1), and IX 

of 1998 Edition of American Society of Mechanical Engineers Boiler and Pressure 

Vessel Code.

172.102; 173.5b; 173.24b; 173.32; 173.306; 173.315; 

173.318; 173.420; 178.245–1; 178.245–3; 

178.245–4; 178.245–6; 178.245–7; 178.255–1; 

178.255–2; 178.255–14; 178.255–15; 178.270–2; 

178.270–3; 178.270–7; 178.270–9; 178.270–11; 

178.270–12; 178.271–1; 178.272–1; 178.273; 

178.274; 178.276; 178.277; 178.320; 178.337–1; 

178.337–2; 178.337–3; 178.337–4; 178.337–6; 

178.337–16; 178.337–18; 178.338–1; 178.338–2; 

178.338–3; 178.338–4; 178.338–5; 178.338–6; 

178.338–13; 178.338–16; 178.338–18; 178.338– 

19; 178.345–1; 178.345–2; 178.345–3; 178.345–4; 

178.345–7; 178.345–14; 178.345–15; 178.346–1; 

178.347–1; 178.348–1; 179.400–3; 180.407. 

* * * * * * * 

American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, 

PA 1942, telephone (610) 832–9585, http://www.astm.org: 

* * * * * * * 

ASTM A 53, ASTM A 53/A 53M–06a Standard Specification for Pipe, Steel, Black 

and Hot-Dipped, Zinc-Coated, Welded and Seamless.

173.5b. 

ASTM A 106, ASTM A 106/A 106M–06a Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service.173.5b. 

* * * * * * * 

Compressed Gas Association, Inc., 4221 Walney Road, 5th Floor, Chantilly, Virginia 

20151, telephone (703) 788–2700, http://www.cganet.com: 

* * * * * * * 

CGA G-2.2, Guideline Method for Determining Minimum of 0.2% Water in Anhydrous 

Ammonia, 1985, Second Edition, Reaffirmed 1997.

173.315. 

* * * * * * * 

CGA P-20, Standard for the Classification of Toxic Gas Mixtures, 2003, Third Edition ...... 173.115. 

* * * * * * * 

CGA TB–25, Design Considerations for Tube Trailers, 2008 Edition ........................... 173.301. 

* * * * * * * 

International Organization for Standardization, Case Postale 56, CH–1211, Geneve 20, 

Switzerland, http://www.iso.org: 

* * * * * * * 

ISO 9809–1: Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 1: Quenched and tempered steel cylinders with tensile 

strength less than 1 100 MPa., First edition, June 1999, (E).

178.37; 178.71; 178.75. 

* * * * * * * 

(b) List of informational materials not 

requiring incorporation by reference. 

* * * 

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16142 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations 

Source and name of material 49 CFR reference 

* * * * * * * 

Truck Trailer Manufacturers Association, 1020 Princess Street, Alexandria, Virginia 22314, telephone (703) 549–3010, 

http://www.ttmanet.org: 

TTMA RP No. 96–01, TTMA RP No. 96–01, Structural Integrity of DOT 406, DOT 407, and DOT 412 Cylindrical 

Cargo Tanks, January 2001 Edition ............................................................................................................................... 178.345–3 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 3. The authority citation for part 173 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.45, 1.53. 

■ 4. A new § 173.5b is added to read as 

follows: 

§ 173.5b Portable and mobile refrigeration 

systems. 

This section authorizes the highway 

transportation of residual amounts of 

Division 2.2 refrigerant gases or 

anhydrous ammonia contained in nonspecification pressure vessels that are 

components of refrigeration systems, 

which may or may not be permanently 

mounted to a transport vehicle, used for 

agricultural operations. These 

refrigeration systems are used at field 

sites to cool (pre-cool) produce before 

the produce is loaded into trucks or 

railcars for market or used to 

supplement stationary refrigeration 

systems during peak harvest times. The 

components of these refrigeration 

systems are commonly known as 

vacuum tubes, accumulators, 

refrigeration units, ice makers, pressure 

coolers, or evaporators. 

(a) General packaging requirements. 

Each non-specification pressure vessel 

must conform to the following: 

(1) Each pressure vessel must be 

designed, manufactured, and 

maintained in accordance with 

applicable requirements of the ASME 

Code (IBR, see § 171.7 of this 

subchapter). 

(2) Except as authorized in this 

section, each pressure vessel and 

associated piping must be rated at a 

maximum allowable work pressure 

(MAWP) of 250 psig. The pressure in 

these components may not exceed 

MAWP. 

(3) Any part of the piping or pressure 

vessel separated from another 

component of the refrigeration system 

by means of a valve, blank flange, or 

other device must be equipped with a 

pressure relief valve set at MAWP. All 

lines that must be disconnected for 

transportation purposes must be closed 

by means of a cap, plug or blank flange, 

and valves at the end of disconnected 

lines must be tightly closed. 

(4) The aggregate total volumetric 

capacity of components within the 

refrigeration system authorized for 

highway transportation in accordance 

with this section may not exceed 2,500 

gallons per vehicle. 

(5) Each pressure vessel and 

associated piping containing anhydrous 

ammonia must conform to the 

following: 

(i) Piping with a diameter of 2 inches 

or more must conform to ASTM A 53 

Schedule 40 or ASTM A106 Schedule 

40 (IBR, see § 171.7 of this subchapter). 

(ii) Piping with a diameter of less than 

2 inches must conform to ASTM A 53 

Schedule 80 or ASTM A 106 Schedule 

80 (IBR, see § 171.7 of this subchapter). 

(iii) The words ‘‘Inhalation Hazard’’ 

must be marked as required in special 

provision 13 in § 172.102 of this 

subchapter and, when practicable, 

within 24 inches of the placard. 

(b) Refrigeration systems placed into 

service prior to June 1, 1991. (1) For 

refrigeration systems placed into service 

prior to June 1, 1991, each pressure 

vessel and associated piping for the 

condensing line (‘‘high side’’) must be 

rated at an MAWP of not less than 250 

psig. Each pressure vessel and 

associated piping for the evaporating 

line (‘‘low side’’) must be rated at an 

MAWP of not less than 150 psig, except 

that each pressure vessel or associated 

piping that will contain refrigerant gas 

during transportation must be rated at 

an MAWP of not less than 250 psig. 

During transportation, pressure in the 

components that are part of the 

evaporating line may not exceed 150 

psig. 

(2) Each pressure vessel and 

associated piping that is part of the 

evaporating line must be marked ‘‘LOW 

SIDE’’ in a permanent and clearly 

visible manner. The evaporating line 

must have a pressure gauge with 

corresponding temperature markings 

mounted so as to be easily readable 

when standing on the ground. The 

gauge must be permanently marked or 

tagged ‘‘SATURATION GAUGE’’. 

(3) Each pressure vessel and 

associated piping with an MAWP of 250 

psig or greater containing liquid 

anhydrous ammonia must be isolated 

using appropriate means from piping 

and components marked ‘‘LOW SIDE’’. 

(4) Liquid lading is only authorized in 

system components with a rated MAWP 

of not less than 250 psig. 

(5) Prior to transportation, each 

pressure vessel and associated piping 

with a rated MAWP of less than 250 

psig must be relieved of enough gaseous 

lading to ensure that the MAWP is not 

exceeded at transport temperatures up 

to 54 °C (130 °F). 

(6) Refrigeration systems placed into 

service prior to June 1, 1991, may 

continue in service until October 1, 

2017. 

(c) Prior to transportation over public 

highways, each pressure vessel and 

associated piping must be drained of 

refrigerant gas or liquid anhydrous 

ammonia to the extent practicable. 

Drained contents must be recovered in 

conformance with all applicable 

environmental regulations. Residual 

liquid anhydrous ammonia in each 

component may not exceed one percent 

of the component’s total volumetric 

capacity or 10 gallons, whichever is 

less. 

(d) System inspection and testing. (1) 

Each refrigeration system authorized 

under this section must be visually 

inspected every year. The visual 

inspection must include items listed in 

§ 180.407(d)(2) of this subchapter 

applicable to refrigeration systems. A 

certificate of the annual visual 

inspection must be dated and signed by 

the person performing the inspection 

and must contain that person’s company 

affiliation. The certificate must remain 

at the equipment owner’s office. 

(2) Each refrigeration system 

authorized under this section must be 

proof pressure tested every two years 

beginning with the initial pressure test 

performed after manufacture. 

Additional pressure tests must be 

performed after any modification, repair 

or damage to a part of the system 

pressurized with refrigerant gas. System 

test pressures may not be less than oneand-one-half (1.50) times the rated 

MAWP of the system component or 

piping. 

(3) Pressure relief valves must be 

successfully tested every two years at 

the MAWP for the components or 

piping to which they are attached. 

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Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations 16143 

Pressure relief valves may be replaced 

and marked every 5 years with valves 

certified at the appropriate MAWP, in 

which case the valves need not be tested 

every two years. Valves that do not pass 

the test must be repaired or replaced. 

(e) Test markings and reports. (1) 

Evidence of testing specified in 

paragraph (d) of this section must be 

marked on the right forward side of the 

refrigeration system with 2 inch high 

letters indicating type of last test (V = 

visual; P = pressure: hydrostatic or 

pneumatic) and the month/year in 

which it was performed. Reports and all 

of the requirements for records of 

inspections including markings must be 

completed as specified in part 180. 

(2) Pressure relief valves must be 

durably marked with either the date of 

last test, set-pressure and testing 

company or the date of last replacement, 

set-pressure, and certifying company, as 

applicable. 

■ 5. In § 173.115, paragraph (c)(2) is 

revised to read as follows: 

§ 173.115 Class 2, Divisions 2.1, 2.2, and 

2.3—Definitions. 

* * * * * 

(c) * * * 

(2) In the absence of adequate data on 

human toxicity, is presumed to be toxic 

to humans because when tested on 

laboratory animals it has an LC50 value 

of not more than 5000 mL/m3 (see 

§ 173.116(a) of this subpart for 

assignment of Hazard Zones A, B, C or 

D). LC50 values for mixtures may be 

determined using the formula in 

§ 173.133(b)(1)(i) or CGA P–20 (IBR, see 

§ 171.7 of this subchapter). 

* * * * * 

■ 6. In § 173.301, paragraph (i) is 

revised to read as follows: 

§ 173.301 General requirements for 

shipment of compressed gases and other 

hazardous materials in cylinders, UN 

pressure receptacles and spherical 

pressure vessels. 

* * * * * 

(i) Cylinders mounted in motor 

vehicles or in frames. (1) MEGCs must 

conform to the requirements in 

§ 173.312. DOT specification cylinders 

mounted on motor vehicles or in frames 

must conform to the requirements 

specified in this paragraph (i). 

(2) Seamless DOT specification 

cylinders longer than 2 m (6.5 feet) are 

authorized for transportation only when 

horizontally mounted on a motor 

vehicle or in an ISO framework or other 

framework of equivalent structural 

integrity in accordance with CGA TB–25 

(IBR, see § 171.7 of this subchapter). The 

pressure relief device must be arranged 

to discharge unobstructed to the open 

air. In addition, for Division 2.1 

(flammable gas) material, the pressure 

relief devices must be arranged to 

discharge upward to prevent any 

escaping gas from contacting personnel 

or any adjacent cylinders. 

(3) Cylinders may not be transported 

by rail in container on freight car 

(COFC) or trailer on flat car (TOFC) 

service except under conditions 

approved by the Associate 

Administrator for Safety, Federal 

Railroad Administration. 

* * * * * 

■ 7. Section 173.338 is revised to read 

as follows: 

§ 173.338 Tungsten hexafluoride. 

(a) Tungsten hexafluoride must be 

packaged in specification 3A, 3AA, 

3BN, or 3E (§§ 178.36, 178.37, 178.39, 

178.42 of this subchapter) cylinders. 

Cylinders must be equipped with a 

valve protection cap or be packed in a 

strong outside container meeting the 

provisions of § 173.40. Outlets of any 

valves must be capped or plugged. As 

an alternative, the cylinder opening may 

be closed by the use of a metal plug. 

Specification 3E cylinders must be 

shipped in an overpack that meets the 

provisions of § 173.40. 

(b) In place of the volumetric 

expansion test, DOT 3BN cylinders used 

in exclusive service may be given a 

complete external visual inspection in 

conformance with part 180, subpart C, 

of this subchapter, at the time such 

periodic requalification becomes due. 

Cylinders that undergo a complete 

external visual inspection, in place of 

the volumetric expansion test, must be 

condemned if removed from tungsten 

hexafluoride service. 

PART 176—CARRIAGE BY VESSEL 

■ 8. The authority citation for part 176 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

■ 9. In § 176.200, paragraph (f) is 

revised to read as follows: 

§ 176.200 General stowage requirements. 

* * * * * 

(f) Class 2 (compressed gas) material 

must be kept as cool as practicable and 

be stowed away from all sources of heat 

and ignition. Any package containing a 

Division 2.1 (flammable gas) material is 

restricted from transport in powered 

refrigerated temperature controlled 

containers, unless the equipment is 

capable of preventing ignition of 

flammable vapors by having nonsparking or explosion-proof electric 

fittings within the cooling compartment. 

PART 178—SPECIFICATIONS FOR 

PACKAGINGS 

■ 10. The authority citation for part 178 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

■ 11. In § 178.68, paragraph (l)(2) is 

revised to read as follows: 

§ 178.68 Specification 4E welded 

aluminum cylinders. 

* * * * * 

(l) * * * 

(2) Guided bend test. A bend test 

specimen must be cut from the cylinder 

used for the physical test specified in 

paragraph (j) of this section. Specimen 

must be taken across the seam, must be 

a minimum of 11⁄2 inches wide, edges 

must be parallel and rounded with a 

file, and back-up strip, if used, must be 

removed by machining. The specimen 

shall be tested as follows: 

(i) The specimen must be bent to 

refusal in the guided bend test jig as 

illustrated in paragraph 6.10 of CGA C– 

3 (IBR, see § 171.7 of this subchapter). 

The root of the weld (inside surface of 

the cylinder) must be located away from 

the ram of the jig. The specimen must 

not show a crack or other open defect 

exceeding 1⁄8 inch in any direction upon 

completion of the test. Should this 

specimen fail to meet the requirements, 

specimens may be taken from each of 2 

additional cylinders from the same lot 

and tested. If either of the latter 

specimens fails to meet requirements, 

the entire lot represented must be 

rejected. 

(ii) Alternatively, the specimen may 

be tested in a guided bend test jig as 

illustrated in Figure 12.1 of The 

Aluminum Association’s 2002 

publication, ‘‘Welding Aluminum: 

Theory and Practice.’’ The root of the 

weld (inside surface of the cylinder) 

must be located away from the mandrel 

of the jig. No specimen must show a 

crack or other open defect exceeding 1⁄8

inch in any direction upon completion 

of the test. Should this specimen fail to 

meet the requirements, specimens may 

be taken from each of 2 additional 

cylinders from the same lot and tested. 

If either of the latter specimens fails to 

meet requirements, the entire lot 

represented must be rejected. 

* * * * * 

■ 12. In § 178.345–3, at the end of 

paragraph (a)(3), a sentence is added to 

read as follows: 

§ 178.345–3 Structural integrity. 

(a) * * * 

(3) * * * TTMA RP 96–01, Structural 

Integrity of DOT 406, DOT 407, and 

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16144 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations 

DOT 412 Cylindrical Cargo Tanks, may 

be used as guidance in performing the 

calculations. 

* * * * * 

■ 13. In § 178.345–5, paragraph (f) is 

revised to read as follows: 

§ 178.345–5 Manhole assemblies. 

* * * * * 

(f) All components mounted on a 

manhole cover that form part of the 

lading retention structure of the cargo 

tank wall must withstand the same 

static internal fluid pressure as that 

required for the manhole cover. The 

component manufacturer shall verify 

compliance using the same test 

procedure and frequency of testing as 

specified in § 178.345–5(b). 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

■ 14. The authority citation for part 180 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

■ 15. In § 180.407, paragraphs (d)(3) and 

(g)(1)(ii)(A) are revised to read as 

follows: 

§ 180.407 Requirements for test and 

inspection of specification cargo tanks. 

* * * * * 

(d) * * * 

(3) All reclosing pressure relief valves 

must be externally inspected for any 

corrosion or damage which might 

prevent safe operation. All reclosing 

pressure relief valves on cargo tanks 

carrying lading corrosive to the valve 

must be removed from the cargo tank for 

inspection and testing. Each reclosing 

pressure relief valve required to be 

removed and tested must open at no less 

than the required set pressure and no 

more than 110 percent of the required 

set pressure, and must reseat to a leaktight condition at no less than 90 

percent of the start-to-discharge 

pressure or the pressure prescribed for 

the applicable cargo tank specification. 

* * * * * 

(g) * * * 

(1) * * * 

(ii) * * * 

(A) Each self-closing pressure relief 

valve that is an emergency relief vent 

must open at no less than the required 

set pressure and no more than 110 

percent of the required set pressure, and 

must reseat to a leak-tight condition at 

no less than 90 percent of the start-todischarge pressure or the pressure 

prescribed for the applicable cargo tank 

specification. 

* * * * * 

Issued in Washington, DC, on April 3, 2009 

under authority delegated in 49 CFR part 1. 

Cynthia Douglass, 

Acting Deputy Administrator. 

[FR Doc. E9–8021 Filed 4–8–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XO12 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Atka mackerel in the Eastern 

Aleutian District and the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI) for 

vessels participating in the BSAI trawl 

limited access fishery. This action is 

necessary to fully use the 2009 A season 

total allowable catch (TAC) of Atka 

mackerel in these areas specified for 

vessels participating in the BSAI trawl 

limited access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 6, 2009, through 1200 

hrs, A.l.t., April 15, 2009. Comments 

must be received at the following 

address no later than 4:30 p.m., A.l.t., 

April 20, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by 0648–XO12, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson–Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

NMFS closed the directed fishery for 

Atka mackerel by vessels participating 

in the BSAI trawl limited access fishery 

in the Eastern Aleutian District and the 

Bering Sea subarea on January 20, 2009 

(74 FR 5625, January 30, 2009). 

NMFS has determined that 

approximately 476 mt of the 2009 A 

season Atka mackerel TAC for vessels 

participating in the BSAI trawl limited 

access fishery in the Eastern Aleutian 

District and the Bering Sea subarea 

remain in the directed fishing 

allowance. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the 

2009 A season TAC of Atka mackerel in 

these areas specified for vessels 

participating in the BSAI trawl limited 

access fishery, NMFS is terminating the 

previous closure and is reopening 

directed fishing for Atka mackerel by 

vessels participating in the BSAI trawl 

limited access fishery in the Eastern 

Aleutian District and the Bering Sea 

subarea. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance will be reached. 

Consequently, NMFS is prohibiting 

directed fishing for the 2009 A season 

TAC of Atka mackerel in these areas 

specified for vessels participating in the 

BSAI trawl limited access fishery 

effective 1200 hrs, A.l.t., April 15, 2009. 

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