26750 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

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.

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.
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 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 pressureand 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 ±0.5% and the total test

system accuracy be ±1.0%. In order to

achieve a 1% system accuracy, the

pressure-indicating device (gauge or

digital equivalent) and the expansionindicating 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
26752 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

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 pressureindicating 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

±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 sixmonth 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
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 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
26754 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

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
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 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’
26756 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

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 nonflammable, 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-inservice 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
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 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 § 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:

§ 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—Seamless Steel High Pressure Cylinders, 1991 ................................................. 173.302

CGA Pamphlet C–6, Standards for Visual Inspection of Steel Compressed Gas Cylinders, 1993 .......................................... 173.34; 180.519

CGA Pamphlet C–6.1, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, 1995 ....... 173.34

CGA Pamphlet C–6.2, Guidelines for Visual Inspection and Requalification of Fiber Reinforced High Pressure Cylinders,

1988.

173.34

CGA Pamphlet C–6.3, Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas

Cylinders, 1991.

173.34

* * * * * * *

CGA Pamphlet C–13, Guidelines for Periodic Visual Inspection and Requalification of Acetylene Cylinders, 1992 ............... 173.34; 173.303

* * * * * * *

CGA Pamphlet S–1.1., Pressure Relief Device Standards—Part 1—Cylinders for Compressed Gases, 1994 (with the exception of paragraph 9.1.1.1).173.34

* * * * * * *
26758 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

* * * * *

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 § 173.23, paragraphs (c), (d), and

(e) are revised to read as follows:

§ 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 (§ 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 § 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:

§ 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 41⁄2 inches or less

in outside diameter.

(i) A pressure relief device is required

on a specification 9, 39 (§ 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 °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 °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 § 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-corrosive service (see § 173.34(e)(13)) 5, 10, or 12 (see § 173.34

(e)(14), (e)(12), (e)(16), and

(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 § 173.34(e)(13)) ................................................... 5 or 10 (see § 173.34(e)(12)).

3C ............................................ Retest not required.

3D ............................................ 5/3 times service pressure ................................................................................... 5.

3E ............................................ Retest not required.

3HT ......................................... 5/3 times service pressure ................................................................................... 3 (see § 173.34(e)(15)).

3T ............................................ 5/3 times service pressure ................................................................................... 5.

4 .............................................. 700 p.s.i ................................................................................................................ 10.

4A ............................................ 5/3 times service pressure (see § 173.34(e)(13)) ................................................ 5 or 10 (see § 173.34(e)(12)).

4AA480 ................................... 2 times service pressure (see § 173.34(e)(13)) ................................................... 5 or 10 (see § 173.34(e)(14)).

4B, 4BA, 4BW, 4B–240ET ...... 2 times service pressure, except non-corrosive service (see § 173.34(e)(13)) ... 5, 10 or 12 (see § 173.34

(e)(11), (e)(12) and (e)(19)).

4C ............................................ Retest not required.

4D, 4DA, 4DS ......................... 2 times service pressure ...................................................................................... 5.

DOT–4E .................................. 2 times service pressure, except non-corrosive service (see § 173.34(e)(13)) ... 5.

4L ............................................ Retest not required.

8, 8AL ...................................... ............................................................................................................................... 10 or 20 (see

§ 173.34(e)(18)).

DOT–9 ..................................... 400 p.s.i. (maximum 600 p.s.i.) ............................................................................ 5.
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26759

RETEST AND INSPECTION OF CYLINDERS 1—Continued

Specification under which cylinder was made 2 Minimum retest pressure (p.s.i.) 3 Retest period (years)

25 ............................................ 500 p.s.i ................................................................................................................ 5.

26 for filling at over 450 p.s.i 5/3 times service pressure ................................................................................... 5.

26 for filling at 450 p.s.i. and

below.

2 times service pressure, except non-corrosive service (see § 173.34(e)(13)) ... 5 or 10 (see § 173.34(e)(11)).

33 ............................................ 800 p.s.i ................................................................................................................ 5.

38 ............................................ 500 p.s.i ................................................................................................................ 5.

Exemption cylinder .................. See current exemption ......................................................................................... See current exemption.

Foreign cylinder (see

§ 173.301(j) for restrictions

on use).

As marked on the cylinder, but not less than 5/3 of any service or working

pressure marking.

5.

1Any cylinder not exceeding two inches outside diameter and less than two feet in length is excepted from hydrostatic retest.

2A cylinder in chlorine or sulfur dioxide service made before April 20, 1915, must be retested at 500 psi.

3For cylinders not marked with a service pressure, see § 173.301(e)(1).

(1) General requirements. (i) Each

cylinder bearing a DOT specification

marking (including a cylinder remarked

in conformance with § 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 § 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
26760 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

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 § 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

§ 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 ±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 ±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 ±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 ±0.5%, or better, of

its full scale.

(iv) The test equipment must be

verified to be accurate within ±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

±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 ±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
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26761

2For filling at 450 p.s.i. and below. Use of

existing cylinders authorized; new construction not

authorized.

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:

(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

§ 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

§ 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

§ 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 2

(§§ 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
26762 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

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’’.

(12) A cylinder made in conformance

with specification DOT–3A, DOT–3AA,

DOT–3B, DOT–4BA or DOT–4BW

(§§ 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–4A, DOT–4AA480. Anhydrous ammonia of at least 99.95% purity.

DOT–3A, DOT–3AA, DOT–3A480X, DOT–3B, DOT–4B, DOT–4BA,

DOT–4BW, ICC–26–240,1 ICC–26–3001.

Butadiene, inhibited, which is commercially free from corroding components.

DOT–3A, DOT–3A480X, DOT–3AA, DOT–3B, DOT–4A, DOT–4AA480,

DOT–4B, DOT–4BA, DOT–4BW.

Cyclopropane which is commercially free from corroding components.

DOT–3A, DOT–3AA, DOT–3A480X, DOT–4B, DOT–4BA, DOT–4BW,

DOT–4E.

Fluorinated hydrocarbons and mixtures thereof which are commercially

free from corroding components.

DOT–3A, DOT–3AA, DOT–3A480X, DOT–3B, DOT–4B, DOT–4BA,

DOT–4BW, DOT–4E, ICC–26–240,1 ICC–26–3001.

Liquefied hydrocarbon gas which is commercially free from corroding

components.

DOT–3A, DOT–3AA, DOT–3A480X, DOT–3B, DOT–4B, DOT–4BA,

DOT–4BW, DOT–4E, ICC–26–2401, ICC–26–3001.

Liquefied petroleum gas which is commercially free from corroding

components.

DOT–3A, DOT–3AA, DOT–3B, DOT–4B, DOT–4BA, DOT–4BW, DOT–

4E.

Methylacetylene-propadiene, stabilized, which is commercially free

from corroding components.

DOT–3A, DOT–3AA, DOT–3B, DOT–4B, DOT–4BA, DOT–4BW ........... Anhydrous mono, di, 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,
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26763

nitrogen, nitrous oxide, oxygen, sulfur

hexafluoride, xenon, permitted mixtures

of these gases (see § 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° 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

§ 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:

Date of cylinder manufacture

Shell (visual inspection) requalification Porous filler requalification

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.

1Years from date of cylinder manufacture.

2For 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 § 173.309 may be

retested in accordance with this

paragraph (e)(19).

(i) A DOT specification 4B, 4BA,

4B240ET or 4BW (§§ 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 (§§ 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.

* * * * *

§ 173.163 [Amended]

6. In § 173.163, the reference

‘‘§ 173.34(e)(5)’’ is revised to read

‘‘§ 173.34(e)(8)’’.

7. In § 173.301, the section heading

and paragraph (j) are revised to read as

follows:

§ 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
26764 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

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

§ 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.’’

* * * * *

§ 173.301 [Amended]

8. In addition, in § 173.301, in

paragraph (a), the reference to

‘‘§ 173.34(e)(16)’’ is revised to read

‘‘§ 173.34(e)(17)’’.

9. In § 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:

§ 173.302 Charging of cylinders with nonliquefied 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×10¥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 § 173.309, paragraph (b) is

revised to read as follows:

§ 173.309 Fire extinguishers.

* * * * *

(b) Specification 3A, 3AA, 3E, 3AL,

4B, 4BA, 4B240ET or 4BW (§§ 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, noncorrosive and commercially free from

corroding components.

(2) Each fire extinguisher must be

charged with a nonflammable, nonpoisonous, dry gas that has a dew-point

at or below minus 46.7 °C (minus 52 °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