[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26750-26764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12838]



      

[[Page 26749]]


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Part V





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



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49 CFR Parts 171 and 173



Periodic Inspection and Testing of Cylinders; Final Rule

Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules 
and Regulations

[[Page 26750]]



DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171 and 173

[Docket No. HM-220A, Amdt Nos. 171-143, 173-251]
RIN 2137-AC59


Periodic Inspection and Testing of Cylinders

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

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SUMMARY: RSPA is amending the requirements contained in the Hazardous 
Materials Regulations pertaining to the maintenance and requalification 
of DOT specification and exemption cylinders used for transportation of 
compressed gases in commerce. These changes clarify current inspection 
and retest requirements, incorporate certain regulatory 
interpretations, and add new provisions. The intent of these changes is 
to enhance public safety by clarifying the regulations for those 
persons who perform periodic inspection and testing of cylinders.

DATES: Effective date: The effective date of these amendments is 
October 1, 1996.
    Compliance date: Voluntary compliance with the regulations is 
authorized immediately.
    Incorporation by reference date: The incorporation by reference of 
certain publications listed in these amendments has been approved by 
the Director of the Federal Register to be effective on October 1, 
1996.

FOR FURTHER INFORMATION CONTACT: Theresa Gwynn or Hattie L. Mitchell, 
telephone (202) 366-4488, Office of Hazardous Materials Standards, 
Research and Special Programs Administration, Department of 
Transportation, 400 Seventh Street SW., Washington DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 18, 1995, RSPA published a notice of proposed rulemaking 
(NPRM; Notice No. 95-13; 60 FR 54008) under Docket HM-220A proposing to 
amend the requirements contained in the Hazardous Materials Regulations 
pertaining to the maintenance and requalification of DOT specification 
and exemption cylinders used for transportation of compressed gases in 
commerce. Comments were due by December 15, 1995. RSPA received several 
requests to extend the comment period and, although RSPA did not extend 
the comment period, it did consider late-filed comments.
    RSPA received more than 30 comments, and several commenters filed 
supplements to their initial comments. These comments represent the 
views of various trade associations, cylinder manufacturers and owners, 
compressed gas suppliers, fire safety equipment suppliers, independent 
hydrostatic retest operators and manufacturers of hydrostatic retest 
equipment and cylinder relief valves. All of the commenters were in 
general agreement with the NPRM's clarification goal, but many 
expressed concerns about specific proposals and suggested that RSPA 
make additional changes.
    A number of commenters requested that RSPA delay this rulemaking 
and incorporate it into a future rulemaking in which RSPA will propose 
the revision and reorganization of all cylinder specifications in Part 
178 (Docket HM-220, Regulation Identification Number 2137-AA92; See DOT 
Semiannual Regulatory Agenda, 60 FR 60296, 60434, November 28, 1995). 
RSPA also intends to propose that all requirements applicable to the 
inspection, retest, repair and continuing requalification of cylinders 
be moved from section 173.34 to part 180. However, RSPA believes that 
some of the regulatory requirements in section 173.34(e) are not 
sufficiently clear and, based on safety concerns regarding retest and 
condemnation procedures, are in need of immediate clarification. 
Therefore, this final rule is being issued now to address the 
persistent questions and problems that the regulated community 
experiences in this area.
    Some comments were beyond the scope of this rulemaking and thus, 
not addressed in this rule; however, RSPA will, where feasible, 
consider incorporating these comments in the future rulemaking. In 
addition, the reorganization of section 173.34(e) will require the 
correction of the section references contained in the Guidelines for 
Civil Penalties (Appendix A to Subpart D of Part 107). RSPA intends to 
accomplish this editorial correction in a future rulemaking.

II. Discussion of Comments

Section 173.34(e)

Revision of Retest Table
    A number of commenters noted that the section references contained 
in the proposed Retest and Inspection of Cylinders table (NPRM, pages 
54013-14) were incorrect. The table has been revised to list the 
correct section references. In addition, RSPA incorporated two 
requirements previously found in section 173.34(e) (7) and (12) as 
footnotes to the retest table.
    In the NPRM, RSPA invited comments on whether table entries were 
needed to specify retest pressure or frequency for any specification, 
exemption or special permit cylinder. Although most comments supported 
such a change, RSPA has not included those entries in the table at this 
time. RSPA is considering, as a part of HM-220, how to provide this 
information for the specification cylinders to retesters while not 
expanding the table to an unmanageable size. RSPA agrees with those 
commenters who recommended that the table contain a generic entry that 
refers to a copy of the current exemption for the exemption cylinders. 
This final rule revises the table to include such an entry.
    Another commenter suggested that the following note be placed at 
the end of the retest table: ``Foreign acetylene cylinders must be 
tested in accordance with the same requirements as those of DOT 8, 
8AL.'' This suggestion has not been adopted in this final rule because 
there has not been an adequate opportunity for the public to comment on 
this proposed revision. However, RSPA will consider this comment in a 
future rulemaking.
General Requirements and Retester Authorization
    RSPA proposed amending section 173.34(e)(1)(ii) to prohibit the 
use, for transportation of a hazardous material in commerce, of a DOT 
specification or exemption cylinder that is required to be periodically 
inspected or tested unless the cylinder is marked with an inspection or 
test date indicating that it is qualified for use. Several commenters 
pointed out what they perceived as an apparent conflict between the 
language proposed in section 173.34(e)(1)(ii) and the language found in 
section 173.34(a)(1). Section 173.34(a)(1) prohibits a person from 
charging or filling a DOT specification cylinder with a hazardous 
material when the cylinder's retest date has expired, but permits the 
shipment of an ``out-of-test date'' cylinder which was charged or 
filled prior to the test date. The commenters stated that the proposed 
language represented dramatic change to the current application of the 
regulations. RSPA did not intend to change the current application of 
section 173.34(e)(1)(ii), and the proposed language has been reworded 
to clarify that the prohibition is against charging or filling a DOT 
specification cylinder after the cylinder's retest date has expired.

[[Page 26751]]

    A commenter suggested that RSPA add a new paragraph in section 
173.34(e) to explicitly recognize that there are certain conditions 
(e.g., corrosion or dents) that would require a cylinder to be removed 
from service prior to the scheduled retest date. RSPA has not adopted 
this comment because this situation is addressed adequately in section 
173.34(a)(1), which states: ``A cylinder that leaks, is bulged, has 
defective valves or safety devices, bears evidence of physical abuse, 
fire or heat damage, or detrimental rusting or corrosion, must not be 
used unless it is properly repaired * * *.''
    Proposed section 173.34(e)(2) sets forth the procedure to obtain 
retester authorization, in the form of a retester identification number 
(RIN), and to renew that authorization. A commenter stated that the 
proposed section does not specify from whom the retester is to obtain a 
RIN application. RSPA agrees and has revised the regulatory language to 
include this information.
    A commenter requested that RSPA revise section 173.34(e)(2) to 
specifically prohibit a retester from being authorized to perform 
retests in mobile operated stations such as vans. RSPA has not 
incorporated this comment because it is outside the scope of this 
rulemaking. In addition, RSPA has no information that would demonstrate 
that a retester could not comply with the applicable requirements of 
the HMR using a mobile station.
    Several commenters requested that RSPA clarify whether persons who 
only perform visual inspections on DOT specification or exemption 
cylinders need a RIN. RSPA has revised section 173.34(e)(2)(i) to 
clarify that a person is not required to obtain a RIN, if the person 
only performs visual inspections on DOT specification or exemption 
cylinders.
    In sections 173.34(e) (2)(i), (2)(iv) and (2)(v), RSPA proposed 
three new requirements. First, a retester's authority to mark a 
cylinder with a RIN and an inspection or test date would be contingent 
on the retester operating in compliance with the terms of the RIN 
issuance letter. Second, a retester would be required to inform RSPA in 
writing of any change in the company's address, cylinder qualification 
personnel or testing equipment within 20 days. (RSPA now imposes these 
two requirements under the terms of the RIN issuance letter.) Third, a 
retester would be required to maintain, at each facility where 
inspection and retesting is performed, the relevant parts of 49 CFR; 
copies of the current exemptions for all exemption cylinders inspected, 
retested or marked; and all Compressed Gas Association (CGA) pamphlets 
incorporated by reference in section 171.7 that apply to the retester's 
activities.
    A commenter stated that the requirement in proposed section 
173.34(e)(2)(v) that a retester maintain ``current copies'' of certain 
CGA publications was confusing. The commenter indicated that it was 
unclear whether ``current'' referred to the most recent edition 
published by the CGA or the edition incorporated in the HMR. A retester 
must maintain, at each location where it inspects, retests or marks 
cylinders, the edition of each CGA publication incorporated by 
reference in section 171.7 that applies to retester's cylinder 
inspection, retesting and marking activities. To eliminate ambiguity, 
RSPA has clarified the language of this section.
    Another commenter suggested that, instead of referring to a 
specific CGA publication, RSPA add the language ``or a more current 
edition.'' RSPA has not adopted this suggestion. Regulations of the 
Office of the Federal Register require that materials incorporated by 
reference must be identified by title, date, edition, author, publisher 
and identification number of the publication (see 1 CFR Part 51).
Visual Inspection
    Several commenters requested that additional language be added to 
section 173.34(e)(3) to clarify that a visual inspection is required 
each time a cylinder is retested. RSPA agrees with this comment and has 
inserted additional language to clarify this existing requirement. In 
addition, RSPA has added language to section 173.34(e)(2)(i) to clarify 
that a person who only performs a visual inspection and marks the 
cylinder with the inspection date does not need a RIN. However, CGA 
petitioned RSPA (P-1090) to add the requirement that such persons 
obtain a RIN. RSPA will consider this issue in the future rulemaking.
Retesting
    RSPA received numerous comments concerning the retest requirements 
proposed in section 173.34(e)(4). A commenter requested that RSPA 
revise this section to reflect that expanding the calibrated cylinder 
to the prescribed level and then checking the pressure gauge provides 
the most precise indication of test system accuracy and, therefore, is 
the preferred method. RSPA has not adopted this comment. There are a 
number of acceptable methods that indicate test system accuracy, and 
RSPA believes this choice is best left to the individual retest 
operator.
    Several commenters suggested revisions concerning proposed section 
173.34(e)(4)(ii). One commenter stated that it is not feasible to allow 
a 1 percent accuracy on the pressure-indicating device and a 1 percent 
accuracy on the expansion-indicating device and achieve a 1 percent 
accuracy for the total test system. The commenter stated that either 
the accuracy requirements for the two components of the test system 
must be reduced or the overall test system accuracy must be increased 
to account for both components of the test system being at the maximum 
allowable accuracy limit.
    In the NPRM, RSPA was attempting to clarify two key concepts: 
device accuracy (i.e., how truthfully the system displays, or records, 
the actual pressure or expansion being measured) and device resolution 
(i.e., the smallest incremental unit at which a measuring instrument or 
system must be capable of being read, or recorded, so as to meet or 
exceed the measurement accuracy requirement). RSPA proposed that a 
retester compare the pressure- and expansion-indicating devices against 
a calibrated standard daily to check their accuracy. However, if the 
scale of the indicating device does not show the proper resolution, the 
accuracy of the reading is not assured. Thus, section 173.34(e)(4)(ii) 
in the NPRM proposed resolution standards for both pressure- and 
expansion-indicating devices, while section 173.34(e)(4)(iii) proposed 
accuracy standards for both.
    The commenter has combined these two concepts and suggested that 
there must be a larger range for total test system accuracy. RSPA 
proposed that the pressure-indicating device and the expansion-
indicating device each have an accuracy of <plus-minus>0.5% and the 
total test system accuracy be <plus-minus>1.0%. In order to achieve a 
1% system accuracy, the pressure-indicating device (gauge or digital 
equivalent) and the expansion-indicating device (burette or load cell) 
each must be calibrated to \1/2\ of 1% within the usable range. RSPA 
proposed this accuracy standard because when the system is being tested 
against a known benchmark (i.e., a calibrated cylinder), the standard 
is readily achievable and allows the retester to verify the structural 
integrity of the cylinder.
    As previously stated, this accuracy standard is separate and 
distinct from the resolution standard. In a system using pressure 
gauges, for example, if a pressure gauge reads only in increments of 50 
psi, and the minimum prescribed test pressure for a cylinder to be 
tested

[[Page 26752]]

is 1000 psi, the gauge would show insufficient resolution to determine 
accuracy. A gauge with a finer scale is needed. To achieve the required 
resolution, the gauge divisions should permit reading of pressures to 
within 10 psi, which is 1% of the cylinder's minimum prescribed test 
pressure (1000 psi). Because mid-point interpolation is permissible and 
10 psi is one-half of 20 psi, a gauge of no greater than 20 psi 
increments can be used for this example. Thus, whether the pressure-
indicating device meets the resolution standard is separate from 
whether the device meets the accuracy standard.
    In addition, RSPA proposed at section 173.34(e)(4)(iii)(A) that 
``[t]he pressure indicating device * * * must permit readings of 
pressure from 90%-120% of the minimum prescribed test pressure of the 
cylinder to be tested.'' Several commenters opposed this requirement 
and stated that the requirement should specify a range of 90%-110% of 
test pressure. The commenters maintained that the NPRM's requirement 
would impose a financial burden on the industry without a safety 
benefit. The commenter stated that the current industry standard (CGA 
Pamphlet C-1) prohibits pressuring a cylinder above 110% of the 
specified test pressure. In addition, the commenter estimated that 
there were approximately 1,000 test systems equipped with gauges 
capable of reading 110% of the specified test pressure. The commenter 
estimated the cost of replacement at $450 per gauge and the total cost 
to industry of complying with this proposal to be in excess of 
$500,000. Because the main goal of this rule is clarification, not 
substantive change, RSPA is revising the proposed requirement and is 
specifying a 90%-110% range.
    RSPA requested comments on whether calibration should be required 
more or less frequently than the proposed daily calibration, and 
whether, for example, it is appropriate to require a calibration check 
at the beginning of each shift (for those facilities operating more 
than one shift per day), for each change in retest operator, or at some 
other frequency. Most commenters supported the daily calibration 
requirement proposed in section 173.34(e)(4)(iii). Two commenters 
suggested that calibration be required at the beginning of each shift. 
Another commenter indicated that it is important for each retest 
operator to have actual knowledge that the retest equipment is 
accurate. After reviewing the comments, RSPA has decided that the 
appropriate calibration verification interval is daily and thus, when 
conducting hydrostatic retests, a retest operator must verify the 
calibration of the equipment at least once each 24-hour period.
    In addition, one commenter suggested that proposed section 
173.34(e)(4)(iv) be revised to read: ``The test equipment must be 
verified to be accurate within <plus-minus>1% of the calibrated 
cylinder's pressure * * *.'' RSPA agrees that this language clarifies 
the requirement and has incorporated this language into the rule.
    RSPA proposed in section 173.34(e)(4)(iii) to allow a retester to 
use a method other than a calibrated cylinder if the retester receives 
written authorization from the Associate Administrator for Hazardous 
Materials Safety. One commenter inquired whether RSPA would grant this 
authorization to each individual retest facility or whether the 
authorization could be in the form of a more general notice. A retester 
who seeks to use a method not specifically recognized by the HMR must 
request written authorization to use that method. RSPA would review 
each request and, if it found the method acceptable, grant written 
authorization only to each specific retest facility requesting 
approval. If RSPA found that it was receiving and authorizing numerous 
requests for one particular alternative method, it would initiate a 
rulemaking to incorporate the alternative method into the HMR.
    Proposed section 173.34(e)(4)(v) restates the current requirements 
for cylinder retesting, including the requirement to hold minimum test 
pressure for at least 30 seconds and as long as necessary for full 
cylinder expansion, and the prohibition on pressurizing a cylinder 
above 90 percent of test pressure before a retest. When the system 
apparatus fails to hold pressure after test pressure has been reached, 
retest is authorized at a pressure increased by 10 percent or 100 psi, 
whichever is less.
    The NPRM invited comments on whether RSPA should: (1) Specify the 
period of time a retest operator must wait, after applying more than 90 
percent of test pressure, before a second retest, (2) limit the number 
of permissible retests after apparatus failure, and (3) specify a 
standard for condemnation in the event of overpressurization. Most 
commenters opposed RSPA specifying requirements in any of these areas. 
They cited a wide range of reasons for opposing these requirements. 
Among those commenters who supported RSPA establishing standards in 
these areas, there was no consensus as to what the standards should be. 
After reviewing the comments, RSPA believes further evaluation is 
required and is not adopting any of these standards in this rulemaking.
    One commenter asked if there was a time frame between retests that 
would negate the requirement to increase the retest pressure and if a 
cylinder would still have to be tested at a higher test pressure if 
repairs to the retest equipment took several days. At this time, RSPA 
is unable to cite a specific time frame between retests that would 
negate the requirement to increase the retest pressure following an 
equipment failure. However, a brief passage of time, for example, where 
repairs to the retest equipment take several days, would not negate the 
requirement to increase the test pressure following an equipment 
failure.
    The commenter also asked how many times a retest could be performed 
before the cylinder must be condemned due to excessive pressurization. 
A cylinder must be condemned when the retest results exceed the 
permanent expansion limit. Thus, once this limit is exceeded, a 
retester must condemn the cylinder and no further retesting is 
permitted. This final rule contains language emphasizing that a second 
retest is authorized only when the testing apparatus has failed to hold 
test pressure.
    One commenter requested that RSPA expand the conditions under which 
a second retest is permitted. The commenter requested that RSPA add 
``improper procedure'' and ``operator error'' as conditions under which 
a retester could repeat a retest at a higher test pressure. The 
commenter stated that equipment malfunction is not the only potential 
cause of an invalid test. RSPA has not adopted this comment. Such a 
revision would allow a retest operator to repeat a test under any 
condition by simply attributing it to ``operator error'' and to retest 
until the desired results were obtained.
    In addition, one commenter suggested that, at least every six 
months, retest operators be required to use a dead weight or master 
gauge to recalibrate the pressure gauge used for retesting. RSPA did 
not propose this standard in the NPRM and questions whether a six-month 
interval is the proper frequency for recalibrating the pressure gauge 
when compared to the additional costs. Because the proposal exceeds the 
scope of this rulemaking, and there was no opportunity for public 
comment on its additional costs, RSPA is not adopting this comment.
    One commenter suggested revisions to proposed section 173.34(e)(11) 
(paragraph (e)(10) in this rule.) The

[[Page 26753]]

commenter inquired whether the requirements of pressure gauge accuracy, 
readability and daily verification were applicable to the ``modified 
hydrostatic test.'' The commenter stated that because there is only one 
calibration device in the modified hydrostatic test system, there is no 
reason to verify the device's accuracy on a daily basis. The fact that 
the modified hydrostatic test system has only one calibration device 
increases, not decreases, the need for daily verification. Therefore, 
RSPA is not adopting this comment.
    The commenter also requested that RSPA clarify the system 
requirements for the modified hydrostatic test. RSPA has added language 
to clarify that an external visual inspection is part of the modified 
hydrostatic retest. In addition, as stated in section 173.34(e)(11), 
the system requirements for the modified hydrostatic retest are the 
same as the hydrostatic retest with the exception of the water jacket 
and the determination of the cylinder's total and permanent expansions.
Marking
    RSPA proposed several changes to the marking requirements contained 
in section 173.34(e)(7). RSPA received a number of comments concerning 
these proposed changes. One commenter stated that, as proposed, the 
requirement for marking a cylinder with a RIN remains confusing and 
needs to be rewritten for clarification. RSPA has reviewed the language 
in proposed section 173.34(e)(7) and has made minor modifications to 
improve the section's clarity.
    One commenter suggested that RSPA require a retester to mark its 
RIN on a cylinder regardless of the test method used. RSPA has not 
adopted this comment, because this change in marking procedures was not 
proposed in the NPRM and there has not been an opportunity to comment 
on this additional marking burden. In addition, the commenter requested 
that the marking concepts of DOT Exemption E-11372 be incorporated into 
this rulemaking. RSPA has not had an opportunity to evaluate all the 
effects of this comment and therefore, will consider this comment in a 
future rulemaking.
Cylinder Rejection/Condemnation
    RSPA received a number of comments on the proposed requirements, in 
sections 173.34(e) (5) and (6).
    One commenter suggested that RSPA revise the proposed language of 
section 173.34(e)(5) to stress that a cylinder that has been rejected 
may be requalified by repairing the defect (e.g., bad foot ring or 
damaged collar). RSPA agrees and has revised this section to clarify 
that a cylinder that has been rejected may be requalified by repairing 
the defect.
    Several commenters noted that the preamble language described the 
proposed rule as requiring a condemned cylinder to be stamped with a 
series of X's over the DOT specification number and service pressure or 
with the word ``CONDEMNED'' on the shoulder, top head, or neck of the 
cylinder was inconsistent with the regulatory language requiring a 
retester to apply both markings. The proposed regulatory language was 
incorrect and should have tracked the preamble language. RSPA is 
revising this rule to allow the retester to decide whether to stamp a 
condemned cylinder with a series of X's or the word ``CONDEMNED.''
    A commenter requested that RSPA revise proposed section 
173.34(e)(6)(ii) to shorten the word ``CONDEMNED'' to ``CNDMD.'' The 
commenter stated that such a revision would save the retester time and 
expense. RSPA recognizes that the proposed requirement will require 
more time than stamping ``CNDMD''. However, the proposed language is a 
better method to communicate to the public that the cylinder is not 
qualified to be used for the transportation of hazardous materials and 
is a better method to prevent condemned cylinders from being used to 
transport hazardous materials. Within the general public, there could 
be confusion concerning the meaning of ``CNDMD.'' In addition, as 
stated above, the retester has the option of stamping a condemned 
cylinder with a series of X's over the DOT specification number and 
service pressure. However, if stamping the word ``CONDEMNED'' or a 
series of X's over the DOT specification number and service pressure 
would create an undue burden on a retester, then under section 
173.34(e)(7), the retester can make a written request for a variation 
to the marking requirement.
    Another commenter inquired as to how to stamp a fully-wrapped 
cylinder with the word ``CONDEMNED'' if there is not sufficient space 
on the neck of the cylinder. If there is not sufficient space to stamp 
the cylinder with the word ``CONDEMNED'' then, under this rule, a 
retester can exercise the option of stamping a series of X's over the 
DOT specification number and service pressure.
    Several commenters suggested that a retester be required to mark 
its RIN on a condemned cylinder. One commenter stated: ``Otherwise, a 
person wishing to claim a steel cylinder for scrap metal could simply 
`X' out the DOT specifications.'' RSPA is not aware that such a 
practice has become a problem, and RSPA does not believe the addition 
of a RIN would discourage or prevent such a practice. RSPA has not 
adopted this comment because this additional step would increase the 
cost of condemnation without any offsetting benefit.
    One commenter stated that the CGA pamphlets cited in proposed 
section 173.34(e)(6)(i)(A) do not provide sufficient information for 
the retester to make an objective determination as to what would 
``appreciably weaken'' a given cylinder. RSPA has reviewed each of the 
CGA pamphlets incorporated by reference in section 173.34(e)(6)(i)(A) 
and finds that they provide a safe minimum standard for condemnation 
procedures.
    RSPA received only one comment opposing the written notification 
requirement for rejected and condemned cylinders in proposed sections 
173.34 (e)(5)(ii) and (e)(6)(ii) (sections 173.34 (e)(5)(iii) and 
(e)(6)(iii) of this rule). The commenter stated that this requirement 
``would generate unnecessary paperwork and would not improve the 
chances that a condemned cylinder will not be refilled.'' This written 
requirement gives the cylinder's owner actual notice that the cylinder 
can no longer be used to transport hazardous materials. In light of the 
potential civil liability considerations, this additional step will 
increase the likelihood that the cylinder owner will promptly remove 
the cylinder from service involving hazardous materials.
    Proposed section 173.34(e)(6)(ii) would allow a retester, at the 
direction of the owner, to render the cylinder incapable of holding 
pressure in some fashion (e.g., by damaging the cylinder threads or 
drilling through the cylinder wall). Several commenters suggested that 
RSPA add regulatory language authorizing the retester, without the 
permission of the owner, to render a condemned cylinder unserviceable 
by ``drilling a hole in the side or by damaging the threads.'' These 
commenters stated that simply marking the cylinders with a series of 
X's is not sufficient to ensure a condemned cylinder is not returned to 
service.
    RSPA must balance the commenters' concerns against the property 
interests of the cylinder's owner. Because the cylinder in most cases 
is not the property of the retester and a condemned cylinder may be 
used for purposes other than the transportation of hazardous materials 
in commerce, RSPA is not authorizing the retester to ``render the 
cylinder incapable of holding pressure'' unless the cylinder's

[[Page 26754]]

owner has given permission to the retester.
    One commenter requested that RSPA further clarify the phrase 
``render the cylinder incapable of holding pressure.'' The commenter 
indicated that it knew of instances ``in which cylinders that had holes 
drilled in them by owners or retesters * * * were `repaired' using auto 
body filler or similar material.'' The commenter recommended that the 
HMR specify three actions a retester could take that would render a 
condemned cylinder incapable of holding pressure. RSPA has not adopted 
this comment. There are numerous actions a retester may take that would 
render a cylinder incapable of holding pressure. RSPA is not mandating 
any particular action but instead leaves this decision to the 
discretion of the cylinder's owner or, with the permission of the 
owner, the retester.
Recordkeeping
    RSPA received a number of comments concerning the recordkeeping 
requirements proposed in section 173.34(e)(8). RSPA proposed that the 
retest record contain those entries previously required, as well as the 
cylinder manufacturer's name or symbol, cylinder dimensions and 
identification of the retest operator. One commenter requested that the 
language proposed in section 173.34(e)(8)(ii)(B) be revised to indicate 
that a retester is required to record only the information that is 
marked on the cylinder. The commenter stated that millions of cylinders 
are marked with only an owner's mark and are not marked with the 
manufacturer's name or symbol. Another commenter requested that the 
regulation allow a retester to use a code or symbol to represent the 
cylinder's dimensions. The commenter also requested that RSPA add the 
word ``actual'' prior to ``test pressure'' to avoid any confusion as to 
whether the retest operator should record the actual test pressure or 
the specified test pressure. Additionally, to clarify the recordkeeping 
procedures, the commenter requested that RSPA delete the phrase 
``disposition, with reason for retest'' and insert ``disposition, with 
reason for any repeated test.'' RSPA agrees with each of these comments 
and has made the appropriate changes.
    One commenter was opposed to a requirement that retest operators 
record a cylinder's dimensions. This rule does not adopt this comment 
because an entry on dimensions can help distinguish between cylinders 
that have the same serial numbers and capacities.
    Another commenter recommended that RSPA revise the NPRM language 
concerning the length of time a retester must maintain its hydrostatic 
retest records. The commenter noted that RSPA proposed that records be 
maintained for five years, but some cylinders have retest periods in 
excess of five years. The commenter recommended retaining the current 
requirement that requires retention of the records until the expiration 
of the retest period or until the cylinder is reinspected or retested, 
whichever occurs first. RSPA agrees with this comment and has retained 
the current requirement in this final rule.
    One commenter requested that RSPA change the word ``sheets'' in 
section 173.34(e)(8)(ii)(A) to ``log.'' The relevant proposed language 
is: ``Calibrations must be recorded on the same sheets as, and in 
chronological order with, retest records for that date;''. The 
commenter stated that the word ``sheets'' could be interpreted to mean 
that each time a retester began recording retest information on a new 
sheet, it must verify the calibration of its retest equipment. RSPA has 
not adopted this comment because it believes the likelihood of such a 
misunderstanding is small. The provision does not require a retester to 
verify calibration each time it begins recording retest information on 
a new retest sheet.
    In addition, RSPA has modified its proposal to reduce the paperwork 
burden on retest operators. First, as quoted above, RSPA proposed that 
calibrations be recorded on the same sheets as the retest records for 
that date. The rule now requires only that the retest operator be able 
to demonstrate that the results of the daily calibration verification 
correspond to the hydrostatic retests that were performed on that day.
    Second, RSPA proposed that calibration runs be recorded, in 
chronological order, with the retest records for that day. Several 
commenters opposed this requirement. One commenter stated that this 
requirement ``would substantially increase our expense due to lost 
production and would only serve to meet the regulation.'' Another 
commenter stated that it maintained its retest records according to the 
name of each customer and the proposed requirement would drastically 
alter its filing system.
    CGA Pamphlet C-1, which is not incorporated by reference in section 
171.7, recommends that retesters record calibrated cylinder expansions 
used to confirm retest apparatus calibration. Calibration checks must 
be recorded as a means of demonstrating that the test apparatus was 
accurate on any given day. However, RSPA did not intend to 
significantly increase the recordkeeping burden for retester operators, 
and therefore, RSPA has not adopted the proposed requirement that a 
retester maintain its retest records in chronological order. The 
recordkeeping requirement now requires a retest operator to be able to 
associate the daily verification(s) of calibration with the hydrostatic 
retests performed on that date.
    One commenter was opposed to the proposed revision of section 
173.34(e)(8)(ii)(B) because it interpreted the NPRM as requiring the 
retest operator to sign the retest sheet each time the retest operator 
recorded the results of a hydrostatic retest. This section does not 
require a retest operator to sign the retest sheet each time the retest 
operator records the results of a hydrostatic retest. RSPA agrees with 
the commenter that such a requirement would be ``a waste of time and 
paper space.'' Section 173.34(e)(8)(ii)(B) requires that, for each 
cylinder retested or visually inspected, the retest record must contain 
a legible identification of test operator. Thus, if the retest operator 
performed all the retests recorded on a particular retest sheet, this 
section requires a retest operator to be legibly identified only once 
on the retest sheet. There is no requirement that the retest operator 
sign the sheet each time a retest is completed.
    Proposed section 173.34(e)(8)(i) requires each retester to maintain 
at its facility its RIN issuance letter from RSPA, a copy of its 
renewal request if the request is pending, copies of notifications to 
RSPA of changes in its name, address, personnel or equipment which 
occurred after issuance of the most recent RIN letter, and the most 
recent certificates of calibration for all calibrated cylinders.
    One commenter stated that the requirement ``to maintain specific 
documentation is unnecessary so long as the retester can provide 
equivalent documentation * * *.'' RSPA has not adopted this comment 
because section 173.34(e)(8) provides that a person shall maintain its 
RIN issuance letter, request for renewal if pending, copies of 
notifications to RSPA of changes in its name, address, personnel or 
equipment which occurred after issuance of the most recent RIN letter, 
and the most recent certificates of calibration for all calibrated 
cylinders in paper form ``or in a form from which a paper copy can be 
produced on request.'' Thus, a person can maintain this documentation 
in an electronic medium (e.g., computer records) provided the person 
can produce a paper copy upon request. In

[[Page 26755]]

addition, it is unclear what specific items would serve as the 
``equivalent documentation.'' This phrase is subject to broad 
interpretation and lacks definition. RSPA's retester inspections 
indicate that maintenance of these documents is standard retester 
operating practice because of the requirement presently found in the 
RIN issuance letter. Furthermore, this requirement facilitates a prompt 
determination whether the retester is complying with the HMR.
DOT 4-series Cylinders
    One commenter recommended three revisions to proposed section 
173.34(e)(10). First, the commenter requested a revision to clarify 
that all DOT 4L cylinders are excluded from the requirements of this 
paragraph because these cylinders are excluded from requalification 
requirements. RSPA agrees and has adopted this comment. The revised 
language now appears in section 173.34(e)(9) of this rule.
    Second, the commenter recommended that RSPA add a sentence to 
proposed paragraph (e)(10) that would prohibit the removal of a DOT 4L 
cylinder's original stamped tare weight. The commenter stated that if 
the original stamped tare weight is removed and then there is a series 
of tare weight changes, it is difficult to determine if the cylinder 
has lost 10 percent of its original weight (rejection criterion for 
DOT-4 series cylinders). This was not suggested in the NPRM and is not 
adopted in this rulemaking because RSPA requires additional time to 
study the merits of the proposal. RSPA will consider this proposal in a 
future rulemaking.
    Third, this commenter suggested that for inspection of DOT 4L 
cylinders, a more appropriate CGA reference for proposed paragraph 
(e)(10) is CGA Pamphlet C-6.3 and not C-6.1 as proposed in the NPRM. 
RSPA agrees and has revised the CGA reference which now appears in 
section 173.34(e)(9) of this rule.
    Another commenter suggested that a number of hazardous materials be 
added to the materials listed in proposed paragraphs (e) (12) and (13). 
This was not suggested in the NPRM and is not adopted in this 
rulemaking because RSPA requires additional time to study the merits of 
the proposal.
    Two commenters stated that the proposed language in section 
173.34(e)(18)(iv) provides a ``loophole'' wherein certain cylinders 
that exceed the wall stress limitation in section 173.302(c)(3), but 
subsequently confined to a specified noncorrosive gas service, would be 
allowed a ten year requalification. RSPA agrees and this result was not 
the intent of the proposed rule. Thus, RSPA has revised the rule to 
clarify that, in addition to other requirements, a cylinder that is not 
used exclusively in specific noncorrosive gas services must be retested 
and examined in accordance with the requirements of section 173.302(c) 
(2), (3) and (4), before the periodic retest interval can be extended 
from five to ten years. In addition, the tested cylinder must be 
confined to specified noncorrosive gas services in order to qualify for 
the ten year retest cycle. The revised language now appears in section 
173.34(e)(16) of this rule.

Section 173.301

Foreign Cylinders for Export
    Several commenters suggested that markings on foreign cylinders 
contain the RIN. RSPA has not adopted this comment because the marking 
of a RIN on these cylinders could lead to confusion between these 
foreign cylinders and those authorized for use in domestic hazardous 
materials transportation.
    One commenter requested that RSPA revise the language proposed in 
section 173.301(j)(2) to require that the bill of lading or other 
shipping paper, ``when possible,'' identify the cylinder. RSPA has not 
adopted this comment, because it would create a loophole that would 
allow a person to ship cylinders for export without the cylinders being 
identified on an accompanying shipping paper. This lack of 
documentation would make it difficult to determine whether the shipment 
of cylinders complied with the HMR export requirements. In addition, 
such a provision would render the certification that the cylinders were 
retested and refilled in accordance with the HMR requirements 
meaningless. A person could simply state that ``it was not possible'' 
to identify a particular cylinder on the shipping paper and thus, the 
certification could not be associated with the particular cylinder.
    The commenter also requested that RSPA revise section 173.301(j) to 
allow cylinders currently retested, but not marked, to continue in 
service without being returned for re-marking. According to the 
commenter, without this revision, cylinders meeting the other 
requirements in this section, but not marked, would not be allowed to 
continue in service. RSPA recognizes that this rule would require some 
cylinders previously tested to be retested. This requirement may cause 
practical problems for certain members of the regulated community. 
Therefore, RSPA has revised the proposed language. If the previous 
testing can be verified, then the person can utilize the language in 
section 173.301(j)(1)(i) which allows, on a case-by-case basis, for 
authorization of an alternative method of qualification by Associate 
Administrator for Hazardous Materials Safety.

Section 173.302

Computing Wall Stress for Overfill Authorization
    RSPA proposed requiring a retester to compute both a cylinder's 
average and maximum wall stress prior to overfilling the cylinder. 
Several commenters opposed the proposed change stating that there is no 
need to make both calculations and that one calculation, as presently 
required, is sufficient. RSPA agrees with the commenters and is not 
adopting this change.
    In the NPRM, RSPA invited comments on whether other methods not 
presently authorized by paragraph (c)(3) may be used to compute 
accurately the average or maximum wall stress (60 FR 54011). One 
commenter requested that language be added to paragraph (c)(3) to 
permit the person computing the wall stress to rely, if present, on the 
Rejection Elastic Expansion (REE) values stamped on the cylinder. The 
commenter stated: ``It is now common practice for manufacturers to 
include stamped REE values on new cylinders * * *.'' RSPA has not had 
an opportunity to consider all the possible effects that might result 
from the adoption of this proposal. Therefore, RSPA will consider this 
comment in a future rulemaking.

Section 173.309

Retest Requirements for Fire Extinguishers
    Current section 173.309 prescribes DOT specification cylinders 
authorized for transportation under the description ``Fire 
extinguishers containing compressed or liquefied gas, 2.2, UN1044'' 
when certain conditions are met. Section 173.309(b)(1) states that the 
cylinder must be used exclusively for fire extinguishing agents such as 
ammonium phosphate, sodium bicarbonate, potassium bicarbonate, 
potassium imido dicarboxamide and bromochlorodifluromethane or 
bromotrifluromethane, which are commercially free from corroding 
components. In the NPRM, RSPA proposed to move section 173.309(b)(1) to 
section 173.34(e)(21). The proposed change was in response to a 
petition for rulemaking (P-1216) submitted by the Fire Equipment 
Manufacturers'

[[Page 26756]]

Association, Inc. (FEMAI) requesting that RSPA move the retest 
conditions to section 173.34(e). FEMAI stated this change would clarify 
that fire extinguishers charged with carbon dioxide only do not qualify 
for the special retest provisions in current section 173.34(e)(18). 
RSPA also proposed to remove from section 173.309(b)(2) a limitation on 
the dew point for propellant gases.
    In this final rule, RSPA has removed section 173.309(b)(4), 
containing a reference to the retest provisions in section 173.34, but 
is not adopting the other proposed changes to section 173.309(b). The 
conditions identifying the contents authorized for fire extinguishers 
are shipper requirements rather than retest requirements and, 
therefore, are retained in section 173.309(b). However, paragraph 
(b)(1) is revised to permit the use of any fire extinguishing medium 
that is non-flammable, non-poisonous, and commercially free from 
corroding components. Any fire extinguisher containing a fire 
extinguishing medium or propellant gas not meeting the requirements in 
paragraphs (b) (1)and (2) may not be shipped under these provisions.
    Several commenters to the NPRM noted that proposed section 
173.34(e)(21) does not allow a 12-year retest period for cylinders 
having a water capacity of 12 lbs. or less regardless of the retest 
method. The commenters requested that RSPA revise the paragraph to add 
this provision. RSPA inadvertently omitted the language from the NPRM. 
In this final rule, RSPA has added the 12-year retest period and moved 
the fire extinguisher retest provisions to section 173.34(e)(19).
    In the NPRM, reference to DOT 3A, 3AA and 3AL cylinders were not 
included in the fire extinguisher retest provisions in proposed section 
173.34(e)(21). RSPA has added the retest provision for these cylinders 
in section 173.34(e)(19)(ii) of this final rule. These cylinders may be 
hydrostatically retested using the water jacket method at 12-year 
intervals.

Miscellaneous Technical Revisions to Part 173

    The NPRM proposed a provision encouraging voluntary compliance with 
CGA Pamphlet S-1.1.1, paragraph 9.1.1.1, which specifies the 
replacement or requalification of pressure relief valves, on certain 
DOT cylinders every 10 years. The National Propane Gas Association 
(NPGA) submitted comments stating that the propane industry has 
experienced no problems with these pressure relief valves and that RSPA 
should not ``encourage'' the replacement of these pressure relief 
valves. In addition, NPGA opposed this proposal, despite its permissive 
nature, because NPGA believes that State and local enforcement 
officials would attempt to enforce this permissive standard and this 
result along with liability costs would make this a ``de facto 
mandate.'' NPGA also stated that its analysis indicates that the 
periodic replacement of these pressure relief valves would cost the 
industry in excess of $60 million per year.
    RSPA proposed this permissive standard in order to encourage the 
periodic replacement of pressure relief valves. One commenter agreed 
with RSPA's efforts to encourage the practice and suggested RSPA make 
it a mandatory requirement. The commenter cited a Canadian standard as 
precedent. RSPA believes a number of pressure relief valves deteriorate 
over time-in-service and that most members of the regulated community 
recognize the need for periodic replacement of these valves. RSPA does 
not believe that State and local enforcement officials would attempt to 
enforce this permissive standard. However, based on NPGA's concerns 
about the effect this permissive standard would have on the issue of 
liability, the amount of time required to gather and analyze incident 
data and the time required to verify NPGA's cost estimates, RSPA is 
deleting the permissive reference to CGA Pamphlet S-1.1.1, paragraph 
9.1.1.1. RSPA will consider this issue in a future rulemaking.
    In addition, one commenter proposed that throughout section 
173.34(d) the phrase ``safety relief devices'' be revised to read 
``pressure relief devices.'' The commenter stated: ``The use of the 
word `pressure' in lieu of the word `safety' is preferred because 
`pressure relief' describes the function of the device.'' RSPA agrees 
with this editorial amendment and has made the appropriate changes. In 
addition, the commenter suggested adding the metric equivalents to the 
English measurements in the paragraph. RSPA will consider this comment 
in a future rulemaking.
    The same commenter also suggested several amendments that in RSPA's 
view were more than editorial comments and thus, beyond the scope of 
the present rulemaking. These include suggestions that RSPA add a 
sentence to section 173.34(d) that would require that selection of 
pressure relief devices for cylinders containing compressed gas 
mixtures be made in accordance with CGA Pamphlet S-7; add ``flammable, 
liquefied compressed gases'' to section 173.34(d)(7), and add a new 
paragraph allowing Classes 3 or 8 materials to be transported in 
cylinders that are not under pressure and not equipped with pressure 
relief devices. CGA Pamphlet S-7 has not been incorporated by reference 
and RSPA is uncertain of the impact of such an amendment. In addition, 
RSPA needs additional time to review those materials in Classes 3 and 8 
which have a high vapor pressure at temperatures normally related to 
transportation and therefore, may require a pressure relief device. 
Moreover, these proposals were not suggested in the NPRM and are not 
adopted in this rulemaking because there has been no opportunity for 
public comment on them.
    Another commenter stated that ``[a]n effort should be made to use 
the same terminology between the DOT regulations and the CGA Pamphlets 
referenced therein.'' RSPA agrees and has made an effort to harmonize 
the terminology.

III. Rulemaking Analyses and Notices

1. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rule is not considered a significant regulatory action under 
section 3(f) of Executive Order 12866 and was not reviewed by the 
Office of Management and Budget. The rule is not considered significant 
under the Regulatory Policies and Procedures of the Department of 
Transportation (44 FR 11034). The economic impact of this rule is 
minimal to the extent that preparation of a regulatory evaluation is 
not warranted.

2. Executive Order 12612

    This rule has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612 (``Federalism''). Federal 
law expressly preempts State, local, and Indian tribe requirements 
applicable to the transportation of hazardous material that cover 
certain subjects and are not ``substantively the same'' as the Federal 
requirements. 49 U.S.C. 5125(b)(1). These covered subjects are:
    (A) the designation, description, and classification of hazardous 
material;
    (B) the packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (C) the preparation, execution, and use of shipping documents 
related to hazardous material and requirements respecting the number, 
contents, and placement of those documents;
    (D) the written notification, recording, and reporting of the 
unintentional

[[Page 26757]]

release in transportation of hazardous material; and
    (E) the design, manufacturing, fabricating, marking, maintenance, 
reconditioning, repairing, or testing of a packaging or a container 
which is represented, marked, certified, or sold as qualified for use 
in transporting hazardous material.
    This rulemaking addresses the maintenance and testing of a 
packaging represented as qualified for use in the transportation of 
hazardous material. Therefore, the rule preempts State, local and 
Indian tribe requirements that are not ``substantively the same'' as 
Federal requirements on these subjects. Section 5125(b)(2) of Title 49 
U.S.C. provides that when DOT issues a regulation concerning any of the 
covered subjects after November 16, 1990, DOT must determine and 
publish in the Federal Register the effective date of Federal 
preemption. The effective date may not be earlier that the 90th day 
following the date of issuance of the final rule and no later than two 
years after the date of issuance. RSPA has determined that the 
effective date of Federal preemption of this final rule is October 1, 
1996. Because RSPA lacks discretion in this area, preparation of a 
federalism assessment is not warranted.

3. Regulatory Flexibility Act

    I certify that this rule will not have a significant economic 
impact on a substantial number of small entities. This rule applies to 
persons who inspect, retest and certify cylinders used to transport 
hazardous materials. These persons include a number of small 
businesses; however, the economic impact on any small business affected 
by the rule is expected to be minimal. There are no direct or indirect 
adverse economic impacts for small units of government or other 
organizations.

4. Paperwork Reduction Act

    This final rule changes information collection requirements in 
section 173.34 pertaining to testing, inspecting and marking of 
cylinders which were previously approved by the Office of Management 
and Budget under OMB control number 2137-0022. RSPA is requesting 
reinstatement and revision of this approval from OMB and will display 
the control number, through publication in the Federal Register, when 
it is approved by OMB. Public comment on this request was invited 
through publication of a Federal Register notice on March 5, 1996 (61 
FR 8706). Under the Paperwork Reduction Act of 1995, no person is 
generally required to respond to a requirement for collection of 
information unless the requirement displays a valid OMB control number.

5. Regulation Identifier Number

    A regulation identifier number 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 regulation identifier number 
contained in the heading of this document can be used to cross-
reference this action with the Unified Agenda.

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, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

    In consideration of the foregoing, 49 CFR parts 171 and 173 are 
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. 5101-5127; 49 CFR 1.53.

    2. In Sec. 171.7, in the Table in paragraph (a)(3), under the entry 
Compressed Gas Association, Inc., the entries for CGA Pamphlets C-6, C-
13, and S-1.1 are revised and four new entries are added in alpha-
numerical order, to read as follows:


Sec. 171.7  Reference material.

    (a) * * *
    (3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
        Source and name of material                49 CFR reference     
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Compressed Gas Association, Inc.,                                       
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
CGA Pamphlet C-5, Cylinder Service Life--    173.302                    
 Seamless Steel High Pressure Cylinders,                                
 1991.                                                                  
CGA Pamphlet C-6, Standards for Visual       173.34; 180.519            
 Inspection of Steel Compressed Gas                                     
 Cylinders, 1993.                                                       
CGA Pamphlet C-6.1, Standards for Visual     173.34                     
 Inspection of High Pressure Aluminum                                   
 Compressed Gas Cylinders, 1995.                                        
CGA Pamphlet C-6.2, Guidelines for Visual    173.34                     
 Inspection and Requalification of Fiber                                
 Reinforced High Pressure Cylinders, 1988.                              
CGA Pamphlet C-6.3, Guidelines for Visual    173.34                     
 Inspection and Requalification of Low                                  
 Pressure Aluminum Compressed Gas                                       
 Cylinders, 1991.                                                       
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
CGA Pamphlet C-13, Guidelines for Periodic   173.34; 173.303            
 Visual Inspection and Requalification of                               
 Acetylene Cylinders, 1992.                                             
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
CGA Pamphlet S-1.1., Pressure Relief Device  173.34                     
 Standards--Part 1--Cylinders for                                       
 Compressed Gases, 1994 (with the exception                             
 of paragraph 9.1.1.1).                                                 
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------


[[Page 26758]]


* * * * *

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. 5101-5127; 49 CFR 1.53.

    4. In Sec. 173.23, paragraphs (c), (d), and (e) are revised to read 
as follows:


Sec. 173.23  Previously authorized packaging.

* * * * *
    (c) After July 2, 1982, a seamless aluminum cylinder manufactured 
in conformance with and for use under DOT special permit (SP) or 
exemption (E) 6498, 7042, 8107, 8364 or 8422 may be continued in use if 
marked before or at the time of the next retest with either the 
specification identification ``3AL'' immediately above the special 
permit or exemption number, or the DOT mark (e.g., DOT 3AL 1800) in 
proximity to the special permit or exemption marking.
    (d) Cylinders (spheres) manufactured and marked under DOT special 
permit (SP) or exemption (E) 6616 prior to January 1, 1983, may be 
continued in use if marked before or at the time of the next retest 
with the specification identification ``4BA'' near the special permit 
or exemption marking.
    (e) After October 1, 1984, cylinders manufactured for use under 
special permit (SP) or exemption (E) 6668 or 8404 may be continued in 
use, and must be marked ``DOT-4LXXXYY'' (XXX to be replaced by the 
service pressure, YY to be replaced by the letters ``AL'', if 
applicable) in compliance with Specification 4L (Sec. 178.57 of this 
subchapter) on or before January 1, 1986. The ``DOT-4LXXXYY'' must 
appear in proximity to other required special permit or exemption 
markings.
* * * * *
    5. In Sec. 173.34, paragraph (d)(7) is removed, the first sentence 
of the introductory text of paragraph (d), paragraphs (d)(1) through 
(d)(5) and paragraph (e) are revised, and paragraph (d)(6) is added to 
read as follows:


Sec. 173.34  Qualification, maintenance and use of cylinders.

* * * * *
    (d) Pressure relief device systems. No person may offer a cylinder 
charged with a compressed gas for transportation in commerce unless the 
cylinder is equipped with one or more pressure relief devices sized and 
selected as to type, location, and quantity and tested in accordance 
with CGA Pamphlet S-1.1 (compliance with paragraph 9.1.1.1 of CGA 
Pamphlet S-1.1 is not required). * * *
    (1) Except as provided in paragraphs (d)(1) (i) through (iii) of 
this section, a pressure relief device is not required on a cylinder 12 
inches or less in length, exclusive of neck, and 4\1/2\ inches or less 
in outside diameter.
    (i) A pressure relief device is required on a specification 9, 39 
(Sec. 178.65 of this subchapter), 40, or 41 cylinder. A metal pressure 
relief valve is required on a specification 39 cylinder used for a 
liquefied flammable gas. A fusible pressure relief device is not 
authorized on a specification 39 cylinder containing a liquefied 
compressed gas.
    (ii) A pressure relief device is required on a cylinder charged 
with a liquefied gas for which this part requires a service pressure of 
1800 psi or higher.
    (iii) A pressure relief device is required on a cylinder charged 
with a nonliquefied gas to a pressure of 1,800 psi or higher at 70 
deg.F.
    (2) Except for a specification 39 cylinder and a cylinder used for 
acetylene in solution, a pressure relief device is not required on a 
cylinder charged with a nonliquefied gas under pressure of 300 psi or 
less at 70  deg.F.
    (3) A pressure relief device is prohibited on a cylinder charged 
with a Division 2.3 or Division 6.1 material in Hazard Zone A.
    (4) A pressure relief device is prohibited on a cylinder charged 
with fluorine.
    (5) A pressure relief device is not required on a cylinder charged 
with methyl mercaptan; with mono-, di-, or trimethylamine, anhydrous; 
with not over 10 pounds of nitrosyl chloride; or with less than 165 
pounds of anhydrous ammonia.
    (6) Pressure relief devices, if used, must be in the vapor space of 
cylinders containing pyroforic liquids, inorganic or organic, n.o.s., 
covered by Sec. 173.124.
    (e) Periodic qualification and marking of cylinders. Each cylinder 
that becomes due for periodic retest as specified in the following 
table must be retested and marked in conformance with the requirements 
of this paragraph (e):

                                     Retest and Inspection of Cylinders \1\                                     
----------------------------------------------------------------------------------------------------------------
   Specification under which                                                                                    
     cylinder was made \2\         Minimum retest pressure (p.s.i.) \3\            Retest period (years)        
----------------------------------------------------------------------------------------------------------------
DOT-3.........................  3,000 p.s.i..............................  5.                                   
DOT-3A, 3AA...................  5/3 times service pressure, except non-    5, 10, or 12 (see Sec.  173.34       
                                 corrosive service (see Sec.                (e)(14), (e)(12), (e)(16), and      
                                 173.34(e)(13)).                            (e)(19)).                           
DOT-3AL.......................  5/3 times service pressure...............  5 or 12 (see (e)(19)).               
DOT-3AX, 3AAX.................  5/3 times service pressure...............  5.                                   
3B, 3BN.......................  2 times service pressure (see Sec.         5 or 10 (see Sec.  173.34(e)(12)).   
                                 173.34(e)(13)).                                                                
3C............................  Retest not required.                       .....................................
3D............................  5/3 times service pressure...............  5.                                   
3E............................  Retest not required.                       .....................................
3HT...........................  5/3 times service pressure...............  3 (see Sec.  173.34(e)(15)).         
3T............................  5/3 times service pressure...............  5.                                   
4.............................  700 p.s.i................................  10.                                  
4A............................  5/3 times service pressure (see Sec.       5 or 10 (see Sec.  173.34(e)(12)).   
                                 173.34(e)(13)).                                                                
4AA480........................  2 times service pressure (see Sec.         5 or 10 (see Sec.  173.34(e)(14)).   
                                 173.34(e)(13)).                                                                
4B, 4BA, 4BW, 4B-240ET........  2 times service pressure, except non-      5, 10 or 12 (see Sec.  173.34        
                                 corrosive service (see Sec.                (e)(11), (e)(12) and (e)(19)).      
                                 173.34(e)(13)).                                                                
4C............................  Retest not required.                       .....................................
4D, 4DA, 4DS..................  2 times service pressure.................  5.                                   
DOT-4E........................  2 times service pressure, except non-      5.                                   
                                 corrosive service (see Sec.                                                    
                                 173.34(e)(13)).                                                                
4L............................  Retest not required.                       .....................................
8, 8AL........................  .........................................  10 or 20 (see Sec.  173.34(e)(18)).  
DOT-9.........................  400 p.s.i. (maximum 600 p.s.i.)..........  5.                                   

[[Page 26759]]

                                                                                                                
25............................  500 p.s.i................................  5.                                   
26 for filling at over 450      5/3 times service pressure...............  5.                                   
 p.s.i.                                                                                                         
26 for filling at 450 p.s.i.    2 times service pressure, except non-      5 or 10 (see Sec.  173.34(e)(11)).   
 and below.                      corrosive service (see Sec.                                                    
                                 173.34(e)(13)).                                                                
33............................  800 p.s.i................................  5.                                   
38............................  500 p.s.i................................  5.                                   
Exemption cylinder............  See current exemption....................  See current exemption.               
Foreign cylinder (see Sec.      As marked on the cylinder, but not less    5.                                   
 173.301(j) for restrictions     than 5/3 of any service or working                                             
 on use).                        pressure marking.                                                              
----------------------------------------------------------------------------------------------------------------
\1\ Any cylinder not exceeding two inches outside diameter and less than two feet in length is excepted from    
  hydrostatic retest.                                                                                           
\2\ A cylinder in chlorine or sulfur dioxide service made before April 20, 1915, must be retested at 500 psi.   
\3\ For cylinders not marked with a service pressure, see Sec.  173.301(e)(1).                                  


    (1) General requirements. (i) Each cylinder bearing a DOT 
specification marking (including a cylinder remarked in conformance 
with Sec. 173.23) must be inspected, retested and marked in conformance 
with this section, at the frequency specified in the Retest and 
Inspection of Cylinders Table in this paragraph (e). Each cylinder 
bearing a DOT exemption number must be inspected, retested and marked 
in conformance with this section and the terms of the applicable 
exemption, at the frequency specified in the exemption.
    (ii) No cylinder required to be retested by paragraph (e)(1)(i) of 
this section may be charged or filled with a hazardous material and 
transported in commerce unless that cylinder has been inspected and 
retested in accordance with this section and the retester has marked 
the cylinder by stamping the date of retest, the cylinder retester 
identification number unless excepted under this section, and any other 
marking required by this section. No person may mark a test date or a 
retester identification number on a DOT specification or exemption 
cylinder unless all applicable requirements of this section have been 
met.
    (2) Retester authorization. (i) No person may mark a cylinder with 
a test date or retester identification number, or otherwise represent 
that a DOT specification or exemption cylinder has been retested under 
this section, unless that person holds a current retester 
identification number issued by the Associate Administrator for 
Hazardous Material Safety and operates in compliance with the terms of 
the retester identification number issuance letter. With the exception 
of visual inspections, all functions under this section must be 
performed or supervised by an individual named as qualified in the 
retester identification number application or a notification pursuant 
to paragraph (e)(2)(iv) of this section. A person is not required to 
obtain a retester identification number, if the person only performs 
visual inspections on DOT specification or exemption cylinders.
    (ii) Any person seeking approval as a cylinder retester shall 
arrange for an independent inspection agency, approved by the Associate 
Administrator for Hazardous Material Safety pursuant to Sec. 173.300a, 
to inspect its retest facility. The person seeking approval shall bear 
the cost of the inspection. Independent inspection agencies are not 
RSPA agents or representatives. A list of approved independent 
inspection agencies is available from the Associate Administrator for 
Hazardous Materials Safety, Office of Hazardous Materials Exemptions 
and Approvals (DHM-32), Research and Special Programs Administration, 
U.S. Department of Transportation, Washington, DC 20590-0001. 
Assistance in obtaining an approval may be requested from the same 
address.
    (A) After the inspection, the person seeking approval must submit a 
letter of recommendation and inspection report from the independent 
inspection agency and a completed request for approval to the Associate 
Administrator for Hazardous Materials Safety at the address listed in 
this paragraph (e)(2)(ii). An applicant must include the following 
information: company name; facility location; mailing address (if 
different from location of facility); business telephone number; name 
of facility manager; the DOT specification/exemption cylinders that 
will be tested at the facility; a certification that the facility will 
operate in compliance with the applicable requirements of this 
subchapter, the date and an authorized signature.
    (B) The Associate Administrator for Hazardous Materials Safety 
reviews the application, the inspection report and recommendation 
submitted by the independent inspection agency, and other available 
information. The Associate Administrator for Hazardous Materials Safety 
issues a retester identification number upon a finding that the 
applicant's facility and qualifications are adequate to properly 
inspect, test and mark cylinders under this section. Unless otherwise 
provided in the retester identification number issuance letter, a 
retester identification number expires five years from the date of 
issuance.
    (iii) An approved retester shall apply for retester identification 
number renewal in a timely manner. A new inspection report and 
recommendation of an independent inspection agency are required for 
each renewal. If the Associate Administrator for Hazardous Materials 
Safety receives a renewal application with the accompanying inspection 
report and recommendation at least 50 days before expiration of the 
retester identification number, the retester identification number 
remains in effect until the Associate Administrator for Hazardous 
Materials Safety issues a renewal or notifies the retester that its 
request for renewal of the retester identification number is denied. 
The Associate Administrator for Hazardous Materials Safety considers 
renewal of a retester identification number in accordance with the 
standard in paragraph (e)(2)(ii)(B) of this section.
    (iv) The retester identification number holder shall report in 
writing any change in its name, address, ownership, testing equipment, 
or management or personnel performing any function under this section, 
to the Associate Administrator for Hazardous Materials Safety (DHM-32) 
within 20 days of the change. A retester identification number remains 
valid only if the retester's facility and qualifications are maintained 
at or above the level

[[Page 26760]]

observed at the time of inspection by the independent inspection 
agency.
    (v) A retester shall maintain, at each location at which it 
inspects, retests or marks cylinders under this section:
    (A) Current copies of those portions of this subchapter that apply 
to its cylinder inspection, retesting and marking activities at that 
location.
    (B) Current copies of all exemptions governing exemption cylinders 
inspected, retested or marked by the retester at that location.
    (C) Copies of each CGA pamphlet incorporated by reference in 
Sec. 171.7 of this subchapter that applies to the retester's cylinder 
inspection, retesting and marking activities at that location. The 
publication maintained must be the edition incorporated by reference in 
Sec. 171.7 of this subchapter.
    (3) Visual inspection. Except as otherwise provided in this 
section, each time a cylinder is retested, it must be visually 
inspected, internally and externally, in accordance with CGA Pamphlets 
C-6, C-6.1, C-6.2, or C-6.3, as applicable. The cylinder must be 
approved, rejected or condemned according to the criteria in the 
applicable CGA pamphlet. Internal inspection may be omitted for 
cylinders of the type and in the service described under paragraph 
(e)(13) of this section. DOT 3BN cylinders must be inspected in 
accordance with CGA Pamphlet C-6.
    (4) Pressure retest. (i) Unless otherwise provided, each cylinder 
required to be retested under this section must be retested by means 
suitable for measuring the expansion of the cylinder under pressure. 
Bands and other removable attachments must be loosened or removed 
before testing so that the cylinder is free to expand in all 
directions.
    (ii) The pressure-indicating device of the testing apparatus must 
permit reading of pressures to within 1% of the minimum prescribed test 
pressure of each cylinder tested, except that for an analog device, 
interpolation to \1/2\ of the marked gauge divisions is acceptable. The 
expansion-indicating device of the testing apparatus must also permit 
incremental reading of the cylinder expansion to 1% of the total 
expansion of each cylinder tested or 0.1 cubic centimeter, whichever is 
larger. Midpoint visual interpolation is permitted.
    (iii) Each day before retesting, the retester shall confirm, by 
using a calibrated cylinder or other method authorized in writing by 
the Associate Administrator for Hazardous Materials Safety that:
    (A) The pressure-indicating device, as part of the retest 
apparatus, is accurate within <plus-minus>1.0% of the prescribed test 
pressure of any cylinder tested that day. The pressure indicating 
device, itself, must be certified as having an accuracy of 
<plus-minus>0.5%, or better, of its full range, and must permit 
readings of pressure from 90%-110% of the minimum prescribed test 
pressure of the cylinder to be tested. The accuracy of the pressure 
indicating device within the test system can be demonstrated at any 
point within 500 psi of the actual test pressure for test pressures at 
or above 3000 psi, or 10% of the actual test pressure for test 
pressures below 3000 psi; and
    (B) The expansion-indicating device, as part of the retest 
apparatus, gives a stable reading of expansion and is accurate to 
<plus-minus>1.0% of the total expansion of any cylinder tested or 0.1 
cubic centimeter, whichever is larger. The expansion-indicating device 
itself must have an accuracy of <plus-minus>0.5%, or better, of its 
full scale.
    (iv) The test equipment must be verified to be accurate within 
<plus-minus>1.0% of the calibrated cylinder's pressure and 
corresponding expansion values. This may be accomplished by bringing 
the pressure to a value shown on the calibration certificate for the 
calibrated cylinder used and verifying that the resulting total 
expansion is within <plus-minus>1.0% of the total expansion shown on 
the calibration certificate. Alternatively, calibration may be 
demonstrated by bringing the total expansion to a known value on the 
calibration certificate for the calibrated cylinder used and verifying 
that the resulting pressure is within <plus-minus>1.0% of the pressure 
shown on the calibration certificate. The calibrated cylinder must show 
no permanent expansion. The retester shall demonstrate calibration in 
conformance with this paragraph (e)(4) to an authorized inspector on 
any day that it retests cylinders. A retester shall maintain calibrated 
cylinder certificates in conformance with paragraph (e)(8)(iii) of this 
section.
    (v) Minimum test pressure must be maintained for at least 30 
seconds, and as long as necessary for complete expansion of the 
cylinder. A system check may be performed at or below 90% of test 
pressure prior to the retest. In the case of a malfunction of the test 
equipment, the test may be repeated at a pressure increased by 10 
percent or 100 psi, whichever is less. This paragraph (e)(4) does not 
authorize retest of a cylinder otherwise required to be condemned under 
paragraph (e)(6) of this section.
    (5) Cylinder rejection. (i) A retester shall reject a cylinder when 
on visual inspection, it meets a rejection standard in CGA Pamphlets C-
6, C-6.1, C-6.2, or C-6.3, as applicable.
    (ii) Except as provided in paragraph (e)(5)(iv) of this section, a 
cylinder that is rejected may not be marked as meeting the requirements 
of this section.
    (iii) When a cylinder is rejected, the retester shall notify the 
cylinder owner, in writing, that the cylinder has been rejected and, 
unless requalified as provided in paragraph (e)(5)(iv) of this section, 
may not be filled with a hazardous material for transportation in 
commerce where use of a specification packaging is required.
    (iv) A rejected cylinder with a service pressure of less than 900 
psig may be requalified and marked if the cylinder is repaired or 
rebuilt and subsequently reinspected and retested in conformance with--
    (A) CGA Pamphlets C-6, C-6.1, C-6.2, or C-6.3, as applicable;
    (B) Parts 173 and 178 of this subchapter;
    (C) Any exemption specific to that cylinder; and
    (D) Any approval required under paragraphs (i) and (l) of this 
section.
    (6) Cylinder condemnation. (i) A cylinder must be condemned when--
    (A) On inspection, it meets a condition for condemnation in CGA 
Pamphlets C-6, C-6.1, C-6.2, or C-6.3, as applicable;
    (B) The cylinder leaks through its wall;
    (C) Evidence of cracking exists to the extent that the cylinder is 
likely to be weakened appreciably;
    (D) For a DOT specification cylinder other than a DOT 4E aluminum 
cylinder, permanent expansion exceeds 10 percent of total expansion;
    (E) For a DOT 4E aluminum cylinder, permanent expansion exceeds 12 
percent of total expansion;
    (F) For a DOT exemption cylinder, permanent expansion exceeds the 
limit in the applicable exemption, or the cylinder meets another 
criterion for condemnation in the applicable exemption; or
    (G) For a DOT specification 3HT cylinder, elastic expansion exceeds 
the marked rejection elastic expansion.
    (ii) When a cylinder is required to be condemned, the retester 
shall stamp a series of X's over the DOT specification number and the 
marked service pressure or stamp ``CONDEMNED'' on the shoulder, top 
head, or neck using a steel stamp. Alternatively, at the direction of 
the owner, the retester may render the cylinder incapable of holding 
pressure.
    (iii) When a cylinder is required to be condemned, the retester 
shall notify the cylinder owner, in writing, that the

[[Page 26761]]

cylinder is condemned and may not be filled with hazardous material for 
transportation in commerce where use of a specification packaging is 
required.
    (iv) A cylinder that is condemned may not be filled with hazardous 
material for transportation in commerce where use of a specification 
packaging is required and may not be marked as meeting the requirements 
of this section or any DOT exemption. No person may remove or 
obliterate the ``CONDEMNED'' marking.
    (7) Retester markings. (i) Each cylinder passing retest must be 
marked with the retester's identification number set in a square 
pattern, between the month and year of the retest date, in characters 
not less than \1/8\-inch high. The first character of the retester 
identification number must appear in the upper left corner of the 
square pattern; the second in the upper right; the third in the lower 
right, and the fourth in the lower left. Example: A cylinder retested 
in May 1994, and approved by a person who has been issued retester 
identification number ``A123'', would be marked plainly and permanently 
into the metal of the cylinder in accordance with location requirements 
of the cylinder specification or on a metal plate permanently secured 
to the cylinder in accordance with paragraph (c) of this section:

[GRAPHIC] [TIFF OMITTED] TR28MY96.000


    (ii) Markings of previous tests may not be obliterated. A cylinder 
that is subject to the requirements of paragraph (e) (10), (11) 
(modified hydrostatic test only), (13) or (14) of this section is not 
required to be marked with a retester identification number. A cylinder 
requalified by the modified hydrostatic test method or external 
inspection must be marked after a retest or an inspection by stamping 
the date of retest or reinspection on the cylinder followed by the 
symbol ``E'' (external inspection) or ``S'' (modified hydrostatic test 
method) as appropriate. However, a cylinder subject to the requirements 
of Sec. 173.301(j) may not be marked with a retester identification 
number. Variation from the marking requirement may be approved on 
written request to the Associate Administrator for Hazardous Materials 
Safety.
    (8) Recordkeeping. A retester shall maintain the following records 
at the retesting location, on paper or in a form from which a paper 
copy can be produced on request.
    (i) Records of authority to inspect, retest and mark must be 
maintained, as follows:
    (A) Current retester identification number issuance letter;
    (B) If the retester identification number has expired and renewal 
is pending, a copy of the renewal request; and
    (C) Copies of notifications to Associate Administrator for 
Hazardous Materials Safety required under paragraph (e)(2)(iv) of this 
section.
    (ii) Daily records of visual inspection and hydrostatic retest must 
be maintained until either the expiration of the retest period or until 
the cylinder is again reinspected or retested, whichever occurs first. 
A single date may be used for each retest sheet, provided each retest 
on the sheet was conducted on that date. Ditto marks or a solid 
vertical line may be used to indicate repetition of the preceding entry 
for the following entries: date; actual dimensions or a symbol; if 
present, manufacturer's name or symbol; if present, owner's name or 
symbol and retest operator. Blank spaces may not be used to indicate 
repetition of a prior entry. Records must include--
    (A) For each test to demonstrate calibration, the date; serial 
number of the calibrated cylinder; calibration test pressure; total, 
elastic and permanent expansions; and legible identification of retest 
operator. The retest operator must be able to demonstrate that the 
results of the daily calibration verification correspond to the 
hydrostatic retests that were performed on that day. The daily 
verification of calibration(s) may be recorded on the same sheets as, 
and with, retest records for that date;
    (B) For each cylinder retested or visually inspected, records 
containing the date; serial number; ICC/DOT specification or exemption 
number; service pressure; actual dimensions or a symbol; if present, 
manufacturer's name or symbol; if present, owner's name or symbol; 
result of visual inspection; actual test pressure; total, elastic and 
permanent expansions; percent permanent expansion; disposition, with 
reason for any repeated retest, rejection or condemnation; and legible 
identification of test operator. For each cylinder marked pursuant to 
Sec. 173.302(c)(5), the retest sheet must indicate the method by which 
any average or maximum wall stress was computed. Records must be kept 
for all completed retests, as well as unsuccessful retests under 
paragraph (e)(4)(v) of this section. The entry for a later retest under 
paragraph (e)(4)(v) of this section after a failure to hold test 
pressure, or retest of a cylinder requalified after rejection, must 
indicate the date of the earlier inspection or retest; and
    (C) Calculations of average and maximum wall stress pursuant to 
Sec. 173.302(c)(3), if performed.
    (iii) The most recent certificate of calibration must be maintained 
for each calibrated cylinder used by the retester.
    (9) DOT 4-series cylinders. A DOT 4-series cylinder, except 4L 
cylinders, that at any time shows evidence of a leak or of internal or 
external corrosion, denting, bulging or rough usage to the extent that 
it is likely to be weakened appreciably; or that has lost five percent 
or more of its official tare weight must be retested before being 
recharged and shipped. (Refer to CGA Pamphlet C-6 or C-6.3, as 
applicable, regarding cylinder weakening.) After retest, the actual 
tare weight must be recorded as the new tare weight.
    (10) Cylinders 12 pounds or less with service pressures of 300 psi 
or less. A cylinder of 12 pounds or less water capacity authorized for 
service pressure of 300 psi or less must be given a complete external 
visual inspection at the time periodic retest becomes due. External 
visual inspection must be in accordance with CGA Pamphlet C-6 or C-6.1. 
The cylinder may be hydrostatically retested without a water jacket and 
without determining total and permanent expansions. The retest is 
successful if the cylinder, when examined under test pressure, does not 
display a defect described in paragraph (e)(6)(i) (B) or (C) of this 
section.
    (11) Modified hydrostatic retest. A cylinder made in compliance 
with specification DOT 4B, DOT 4BA, DOT 4BW, DOT 4E or ICC-26-300 
<SUP>2 (Secs. 178.50, 178.51, 178.61, 178.68 of this subchapter) that 
is used exclusively for anhydrous dimethylamine; anhydrous methylamine; 
anhydrous trimethylamine; methyl chloride; liquefied petroleum gas; 
methylacetylene-propadiene stabilized; or dichlorodifluoromethane, 
difluoroethane, difluorochloroethane, chlorodifluoromethane, 
chlorotetrafluoroethane, trifluorochloroethylene, or mixture thereof, 
or mixtures of one or more with trichlorofluoromethane; and that is 
commercially free from corroding components and protected externally by 
a suitable corrosion-resistant coating (such as galvanizing or 
painting) may be given a hydrostatic retest every 12 years instead of 
every five years. Alternatively, the cylinder may be

[[Page 26762]]

subjected to internal hydrostatic pressure of at least two times the 
marked service pressure without determination of expansions, but this 
latter type of test must be repeated every seven years after expiration 
of the first 12-year period. When subjected to the latter test, the 
cylinder must be carefully examined under test pressure and removed 
from service if a leak or other harmful defect exists. A cylinder 
requalified by the modified hydrostatic test method must be marked 
after a retest or an inspection by stamping the date of retest or 
reinspection on the cylinder followed by a ``S''.
---------------------------------------------------------------------------

    \2\ For filling at 450 p.s.i. and below. Use of existing 
cylinders authorized; new construction not authorized.
---------------------------------------------------------------------------

    (12) A cylinder made in conformance with specification DOT-3A, DOT-
3AA, DOT-3B, DOT-4BA or DOT-4BW (Secs. 178.36, 178.37, 178.38, 178.51, 
178.61 of this subchapter) having a service pressure of 300 psi or less 
that is used exclusively for methyl bromide, liquid; mixtures of methyl 
bromide and ethylene dibromide, liquid; mixtures of methyl bromide and 
chlorpicrin, liquid; mixtures of methyl bromide and petroleum solvents, 
liquid; or methyl bromide and nonflammable, nonliquefied compressed gas 
mixtures, liquid; that is commercially free of corroding components, 
and that is protected externally by a suitable corrosion resistant 
coating (such as galvanizing or painting) and internally by a suitable 
corrosion resistant lining (such as galvanizing) may be tested every 10 
years instead of every five years, provided that a visual internal and 
external examination of the cylinder is conducted every five years in 
accordance with CGA Pamphlet C-6. The cylinder must be examined at each 
filling, and rejected if a dent, corroded area, leak or other condition 
indicates possible weakness.
    (13) A cylinder made in conformance with a specification listed in 
the table in this paragraph (e)(13) and used exclusively in the service 
indicated may, instead of a periodic hydrostatic retest, be given a 
complete external visual inspection at the time periodic retest becomes 
due. External visual inspection must be in accordance with CGA 
Pamphlets C-6 or C-6.1. When this inspection is used instead of 
hydrostatic retesting, subsequent inspections are required at five-year 
intervals after the first inspection. Inspections must be made only by 
competent persons and the results recorded and maintained in accordance 
with paragraph (e)(8) of this section. Records shall include: date of 
inspection (month and year); DOT specification number; cylinder 
identification (registered symbol and serial number, date of 
manufacture, and owner); type of cylinder protective coating (including 
statement as to need of refinishing or recoating); conditions checked 
(e.g., leakage, corrosion, gouges, dents or digs in shell or heads, 
broken or damaged footring or protective ring or fire damage); 
disposition of cylinder (returned to service, returned to cylinder 
manufacturer for repairs or scrapped). A cylinder that passes 
inspection shall be marked with the date in accordance with paragraph 
(e)(7) of this section. An ``E'' after the date indicates 
requalification by the external inspection method. Specification 
cylinders must be in exclusive service as follows:

------------------------------------------------------------------------
  Cylinders made in compliance with--         Used exclusively for--    
------------------------------------------------------------------------
DOT-4, DOT-3A, DOT-3AA, DOT-3A480X, DOT-  Anhydrous ammonia of at least 
 4A, DOT-4AA480..                         99.95% purity.                
DOT-3A, DOT-3AA, DOT-3A480X, DOT-3B,     Butadiene, inhibited, which is 
 DOT-4B, DOT-4BA, DOT-4BW, ICC-26-        commercially free from        
 240,\1\ ICC-26-300\1\.                   corroding components.         
DOT-3A, DOT-3A480X, DOT-3AA, DOT-3B,     Cyclopropane which is          
 DOT-4A, DOT-4AA480, DOT-4B, DOT-4BA,     commercially free from        
 DOT-4BW.                                 corroding components.         
DOT-3A, DOT-3AA, DOT-3A480X, DOT-4B,     Fluorinated hydrocarbons and   
 DOT-4BA, DOT-4BW, DOT-4E.                mixtures thereof which are    
                                          commercially free from        
                                          corroding components.         
DOT-3A, DOT-3AA, DOT-3A480X, DOT-3B,     Liquefied hydrocarbon gas which
 DOT-4B, DOT-4BA, DOT-4BW, DOT-4E, ICC-   is commercially free from     
 26-240,1 ICC-26-3001.                    corroding components.         
DOT-3A, DOT-3AA, DOT-3A480X, DOT-3B,     Liquefied petroleum gas which  
 DOT-4B, DOT-4BA, DOT-4BW, DOT-4E, ICC-   is commercially free from     
 26-2401, ICC-26-3001.                    corroding components.         
DOT-3A, DOT-3AA, DOT-3B, DOT-4B, DOT-    Methylacetylene-propadiene,    
 4BA, DOT-4BW, DOT-4E.                    stabilized, which is          
                                          commercially free from        
                                          corroding components.         
DOT-3A, DOT-3AA, DOT-3B, DOT-4B, DOT-    Anhydrous mono, di,            
 4BA, DOT-4BW.                            trimethylamines which are     
                                          commercially free from        
                                          corroding components.         
DOT-4B240, DOT-4BW240..................  Ethyleneimine, inhibited.      
------------------------------------------------------------------------
\1\ Use of existing cylinders authorized; new construction not          
  authorized.                                                           

    (14) Cylinders containing anhydrous ammonia. A cylinder made in 
compliance with specification DOT-3A, DOT-3A 480X, or DOT-4AA480 used 
exclusively for anhydrous ammonia, commercially free from corroding 
components, and protected externally by a suitable corrosion-resistant 
coating (such as painting) may be retested every 10 years instead of 
every five years.
    (15) 3HT cylinders. (i) In addition to the other requirements of 
this section, a cylinder marked DOT-3HT must be requalified in 
accordance with CGA Pamphlet C-8.
    (ii) The cylinder must be condemned:
    (A) If elastic expansion exceeds the marked rejection elastic 
expansion. A cylinder made before January 17, 1978, and not marked with 
a rejection elastic expansion in cubic centimeters near the marked 
original elastic expansion must be so marked before the next retest 
date. The rejection elastic expansion for a cylinder is 1.05 times its 
original elastic expansion.
    (B) If there is evidence of denting or bulging.
    (C) Twenty-four years after the date of the original test or after 
4,380 pressurizations, whichever occurs first. If a cylinder is 
recharged, on average, more than once every other day, an accurate 
record of the number of rechargings must be maintained by the cylinder 
owner or his/her agent.
    (iii) The retest date and retester identification number must be 
applied by low-stress steel stamp to a depth no greater than that of 
the marking at the time of manufacture. Stamping on the sidewall is not 
authorized.
    (16) DOT-3A or 3AA cylinders. (i) A cylinder made in conformance 
with specification DOT-3A or 3AA with a water capacity of 125 pounds or 
less that is removed from any cluster, bank, group, rack or vehicle 
each time it is filled, may be retested every ten years instead of 
every five years, provided the cylinder complies with all of the 
following--
    (A) The cylinder was manufactured after December 31, 1945;
    (B) The cylinder is used exclusively for air, argon, cyclopropane, 
ethylene, helium, hydrogen, krypton, neon,

[[Page 26763]]

nitrogen, nitrous oxide, oxygen, sulfur hexafluoride, xenon, permitted 
mixtures of these gases (see Sec. 173.301(a)) and permitted mixtures of 
these gases with up to 30 percent by volume of carbon dioxide, provided 
that the gas has a dew point at or below minus 52 deg. F at 1 
atmosphere;
    (C) Before each refill, the cylinder passes the hammer test 
specified in CGA Pamphlet C-6;
    (D) The cylinder is dried immediately after hydrostatic testing to 
remove all traces of free water;
    (E) The cylinder is not used for underwater breathing; and
    (F) Each cylinder is stamped with a five-point star at least one-
fourth of an inch high immediately following the test date.
    (ii) If, since the last required hydrostatic retest, a cylinder has 
not been used exclusively as specified in paragraph (e)(16)(i)(B) of 
this section, but currently conforms with all other provisions of 
paragraph (e)(16)(i) of this section, it may be retested every 10 years 
instead of every five years, provided it is first retested and examined 
as prescribed by Sec. 173.302(c)(2), (3) and (4).
    (iii) Except as specified in paragraph (e)(16)(ii) of this section, 
if a cylinder marked with a star is charged with a compressed gas other 
than as specified in this paragraph (e)(16), the star following the 
most recent test date must be obliterated. The cylinder must be 
retested five years from the marked retest date, or prior to the first 
charging with a compressed gas, if the required five-year retest period 
has passed.
    (17) Cylinders containing corrosive materials. (i) A cylinder that 
previously contained a Class 8 (corrosive) material may not be used to 
transport a compressed gas in commerce unless the following 
requirements are met--
    (A) The cylinder is visually inspected, internally and externally, 
in accordance with CGA Pamphlet C-6;
    (B) Regardless of the date of previous retest, the cylinder is 
subjected to and passes inspection and hydrostatic retest in accordance 
with this section; and
    (C) The record prescribed in paragraph (e)(8) of this section 
includes: the month and year of inspection and test; the cylinder 
identification (including ICC or DOT specification number, registered 
symbol, serial number, date of manufacture and owner); the conditions 
checked (e.g., leakage, corrosion, gouges, dents, or digs in shell or 
heads, broken or damaged footrings, fire damage) and the disposition of 
the cylinder (returned to service, returned to the manufacturer for 
repairs, or scrapped).
    (ii) A cylinder requalified for compressed gas service in 
accordance with this paragraph (e)(17) may have its next retest and 
inspection scheduled from the date of the inspection and retest 
prescribed in this paragraph (e). If decontamination cannot remove all 
significant residue or impregnation by the Class 8 material, the 
cylinder may not be used to transport compressed gas in commerce.
    (18) DOT 8 and 8AL cylinders. (i) Each owner of a DOT 8 or 8AL 
cylinder used to transport acetylene must have the cylinder shell and 
the porous filler requalified in accordance with CGA Pamphlet C-13. 
Requalification must be performed in accordance with the following 
schedule:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Shell (visual inspection) requalification                       Porous filler requalification             
    Date of cylinder manufacture     -------------------------------------------------------------------------------------------------------------------
                                                Initial                     Subsequent                    Initial                     Subsequent        
--------------------------------------------------------------------------------------------------------------------------------------------------------
Before January 1, 1991..............  Before January 1, 2001.....  10 yrs.....................  Before January 1, 2001.....  Not required.              
On or after January 1, 1991.........  10 yrs \1\.................  10 yrs.....................  3 to 30 yrs \2\............  Not required.              
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Years from date of cylinder manufacture.                                                                                                            
\2\ For a cylinder manufactured on or after January 1, 1991, requalification of the porous filler must be performed no sooner than 3 years, and no later
  than 20 years, from the date of manufacture.                                                                                                          

    (ii) Unless requalified and marked in accordance with CGA Pamphlet 
C-13 before October 1, 1994, an acetylene cylinder must be requalified 
by a person who holds a valid retester identification number. Each 
cylinder successfully passing a shell or filler requalification must be 
marked with the retester's identification number in accordance with 
paragraph (e)(7) of this section. In addition, the cylinder must be 
marked to identify the type of requalification performed in accordance 
with paragraph 5.6 of CGA Pamphlet C-13. For example, the letter ``S'' 
must be used for a shell requalification and the letter ``F'' for a 
porous filler requalification.
    (iii) If a cylinder valve is replaced, a cylinder valve of the same 
weight must be used or the tare weight of the cylinder must be adjusted 
to compensate for valve weight differential.
    (19) Cylinders used as a fire extinguisher. A DOT specification 
cylinder used as a fire extinguisher in compliance with Sec. 173.309 
may be retested in accordance with this paragraph (e)(19).
    (i) A DOT specification 4B, 4BA, 4B240ET or 4BW (Secs. 178.50, 
178.51, 178.55 and 178.61 of this subchapter) cylinder may be retested 
as follows:
    (A) For a cylinder with a water capacity of 12 pounds or less by 
hydrostatic test using the water jacket method or by hydrostatic test 
without determination of expansion (modified hydrostatic test method). 
A retest must be performed 12 years after the original test date and at 
12-year intervals thereafter.
    (B) For a cylinder having a water capacity over 12 pounds--
    (1) By hydrostatic test without determination of expansion 
(modified hydrostatic test method). A retest must be performed 12 years 
after the original test date and at 7-year intervals; or
    (2) By hydrostatic test using the water jacket method. A retest 
must be performed 12 years after the original test date and at 12-year 
intervals thereafter.
    (ii) A DOT specification 3A, 3AA, or 3AL (Secs. 173.36, 178.37 and 
178.46 of this subchapter) cylinder may be retested by hydrostatic test 
using the water jacket method. A retest must be performed 12 years 
after the original test date and at 12-year intervals thereafter.
* * * * *


Sec. 173.163  [Amended]

    6. In Sec. 173.163, the reference ``Sec. 173.34(e)(5)'' is revised 
to read ``Sec. 173.34(e)(8)''.
    7. In Sec. 173.301, the section heading and paragraph (j) are 
revised to read as follows:


Sec. 173.301  General requirements for shipment of compressed gases in 
cylinders and spherical pressure vessels.

* * * * *
    (j) Charging of foreign cylinders for export. (1) A cylinder 
manufactured outside the United States that has not been manufactured, 
inspected, tested and marked in accordance with part 178 of this 
subchapter may be charged with compressed gas in the United States, and 
shipped solely for export if it meets

[[Page 26764]]

the following requirements, in addition to other requirements of the 
subchapter:
    (i) It has been inspected, tested and marked (with only the month 
and year of retest) in conformance with the procedures and requirements 
of Sec. 173.34(e) or the Associate Administrator for Hazardous 
Materials Safety has authorized the charging company to fill foreign 
cylinders under an alternative method of qualification; and
    (ii) It meets the maximum filling density and service pressure 
requirements of this part.
    (2) The bill of lading or other shipping paper must identify the 
cylinder and carry the following certification: ``This cylinder has 
[These cylinders have] been retested and refilled in accordance with 
DOT requirements for export.''
* * * * *


Sec. 173.301  [Amended]

    8. In addition, in Sec. 173.301, in paragraph (a), the reference to 
``Sec. 173.34(e)(16)'' is revised to read ``Sec. 173.34(e)(17)''.
    9. In Sec. 173.302, in paragraph (c)(3), the text preceding the 
table and the value for ``K'' in Note 1 following the table are 
revised, and Note 3 is added after Note 2, to read as follows:


Sec. 173.302  Charging of cylinders with non-liquefied compressed 
gases.

* * * * *
    (c) * * *
    (3) That either the average wall stress or the maximum wall stress 
does not exceed the wall stress limitation shown in the following table 
(see Notes 1, 2 and 3):
* * * * *
    Note 1: * * *
* * * * *
K=factor x 10<SUP>-7 , experimentally determined for the particular 
type of cylinder being tested, or derived in accordance with CGA 
Pamphlet C-5;
* * * * *
    Note 3: Compliance with average wall stress limitation may be 
determined through computation of the elastic expansion rejection 
limit in accordance with CGA Pamphlet C-5.
* * * * *
    10. In Sec. 173.309, paragraph (b) is revised to read as follows:


Sec. 173.309  Fire extinguishers.

* * * * *
    (b) Specification 3A, 3AA, 3E, 3AL, 4B, 4BA, 4B240ET or 4BW 
(Secs. 178.36, 178.37, 178.42, 178.46, 178.50, 178.51, 178.55 and 
178.61 of this subchapter) cylinders are authorized for use as fire 
extinguishers subject to the following conditions:
    (1) Each fire extinguisher may only have extinguishing contents 
that are nonflammable, non-poisonous, non-corrosive and commercially 
free from corroding components.
    (2) Each fire extinguisher must be charged with a nonflammable, 
non-poisonous, dry gas that has a dew-point at or below minus 46.7 
deg.C (minus 52  deg.F) at 101 kPa (1 atmosphere) and is free of 
corroding components, to not more than the service pressure of the 
cylinder.
    (3) Each fire extinguisher must be protected externally by suitable 
corrosion-resisting coating.

    Issued in Washington, DC on May 16, 1996, under authority 
delegated in 49 CFR part 1.
Rose A. McMurray,
Acting Deputy Administrator, Research and Special Programs 
Administration.
[FR Doc. 96-12838 Filed 5-24-96; 8:45 am]
BILLING CODE 4910-60-P