[Federal Register: June 12, 2006 (Volume 71, Number 112)]
[Rules and Regulations]
[Page 33857-33896]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn06-20]
[[Page 33857]]
-----------------------------------------------------------------------
Part III
Department of Transportation
-----------------------------------------------------------------------
Pipeline and Hazardous Materials Safety Administration
-----------------------------------------------------------------------
49 CFR Parts 107, 171, et al.
Hazardous Materials: Requirements for UN Cylinders; Final Rule
[[Page 33858]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 178, and 180
[Docket No. PHMSA-2005-17463 (HM-220E)]
RIN 2137-AD91
Hazardous Materials: Requirements for UN Cylinders
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this final rule, PHMSA is amending the Hazardous Materials
Regulations (HMR) to adopt standards for the design, construction,
maintenance and use of cylinders and multiple-element gas containers
based on the standards contained in the United Nations Recommendations
on the Transport of Dangerous Goods. Aligning the HMR with the
international standards promotes greater flexibility, permits the use
of advanced technology for the manufacture of pressure receptacles,
provides for a broader selection of pressure receptacles, reduces the
need for special permits, and facilitates international commerce in the
transportation of compressed gases without sacrificing the current
level of safety and without imposing undue burdens on the regulated
community.
DATES: Effective Date: This final rule is effective on September 11,
2006.
Voluntary Compliance Date: Compliance with the requirements adopted
herein is authorized as of June 12, 2006. However, persons voluntarily
complying with these regulations should be aware that appeals may be
received and as a result of PHMSA's evaluation of these appeals, the
amendments adopted in this final rule could be subject to further
revision.
Incorporation by Reference Date: The incorporation by reference of
publications listed in this final rule has been approved by the
Director of the Federal Register as of September 11, 2006.
FOR FURTHER INFORMATION CONTACT: Duane Pfund, telephone number (202)
366-0656, Assistant International Standards Coordinator; Mark Toughiry,
telephone number (202) 366-4545, Office of Hazardous Materials
Technology; or Kevin Leary and Cameron Satterthwaite, telephone number
(202) 366-8553, Office of Hazardous Materials Standards, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
List of Topics
I. Background
II. Overview of Changes in This Final Rule
III. Summary of Comments
A. Approval of Independent Inspection Agencies (IIAs; Notified
Bodies) and Certification of UN Pressure Receptacles
B. Approval of UN Pressure Receptacle Manufacturers
IV. Summary of Regulatory Changes by Section
V. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act and Executive Order 13272
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Regulation Identifier Number (RIN)
I. Environmental Assessment
J. Privacy Act
I. Background
The United Nations Recommendations on the Transport of Dangerous
Goods (UN Model Regulations) establish international standards for the
safe transportation of hazardous materials. The UN Model Regulations
are not regulations, but rather recommendations issued by the UN Sub-
Committee of Experts on the Transport of Dangerous Goods (UN Sub-
Committee of Experts). These recommendations are amended and updated
biennially by the UN Sub-Committee of Experts. The UN Model Regulations
serve as the basis for national, regional, and international modal
regulations, including the International Maritime Dangerous Goods
(IMDG) Code issued by the International Maritime Organization, and the
International Civil Aviation Organization's Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions) issued by ICAO. The HMR authorize domestic transportation
of hazardous materials shipments prepared in accordance with the IMDG
Code if all or part of the transportation is by vessel, subject to
certain conditions and limitations, and the transportation of hazardous
materials shipments prepared in accordance with the ICAO Technical
Instructions for transportation by aircraft and by motor vehicle either
before or after being transported by aircraft.
Since 1999, the UN Sub-Committee of Experts has been working to
develop international standards for the design, construction,
inspection, and testing of cylinders and other pressure receptacles for
inclusion in the UN Model Regulations. Their objective was to develop
cylinder standards that are globally accepted for international
transportation, storage, and use. Representatives from the European
Industrial Gases Association, the Compressed Gas Association, the
European Cylinder Makers Association, the International Standards
Organization Technical Committee 58 (ISO/TC 58), and cylinder experts
from DOT, participated in the UN Sub-Committee of Experts' efforts.
The standards developed for cylinders and other gas receptacles
address manufacture, approval, filling, and use. The cylinders and
other gas receptacles must be in compliance with ISO standards for
design, manufacture, and testing; constructed of materials that are
compatible with the gas to be contained in the cylinder, as established
in ISO standards; and periodically requalified according to ISO
standards. The standards were adopted by the UN Sub-Committee of
Experts and are included in the 13th revised edition of the UN Model
Regulations. Cylinders manufactured in accordance with these
requirements are marked with the internationally recognized UN mark,
which is an indication that the cylinders meet the applicable
standards.
The continually increasing amount of hazardous materials
transported in international commerce warrants the harmonization of
domestic and international requirements to the greatest extent
possible. Harmonization serves to facilitate international
transportation and at the same time ensures the safety of people,
property and the environment. While the intent of harmonization is to
align the HMR with international standards, we review and consider each
amendment on its own merit. Each amendment is considered on the basis
of the overall impact on transportation safety and the economic
implications associated with its adoption into the HMR. Our goal is to
harmonize without sacrificing the current level of safety and without
imposing undue burdens on the regulated community.
On March 9, 2005, the Pipeline and Hazardous Materials Safety
Administration (PHMSA, we) published a notice of proposed rulemaking
(NPRM) (70 FR 11768) proposing to adopt into the HMR the UN standards
for cylinders (pressure receptacles limited to a water capacity of 150
L),
[[Page 33859]]
tubes (pressure receptacles with a water capacity exceeding 150 L and
not more than 3,000 L capacity), cylinder bundles (cylinders held
together in a frame and manifolded together with up to a total water
capacity of 3,000 L or 1,000 L for toxic gases), and multiple element
gas containers or MEGCs (assemblies of UN cylinders, tubes or bundles
of cylinders interconnected by a manifold and assembled within a
framework). Our proposal did not remove existing requirements for DOT
specification cylinders; rather, we proposed to incorporate the UN
standards so that a shipper may use either a DOT specification cylinder
or a UN standard pressure receptacle, as appropriate, for individual
gases and circumstances. The goal of this rulemaking is to promote
greater flexibility and permit the use of advanced technology for the
manufacture of pressure receptacles, to provide for a broader selection
of pressure receptacles, to reduce the need for special permits, and to
facilitate international commerce in the transportation of compressed
gases without sacrificing the current level of safety and without
imposing undue burden on the regulated community.
DOT technical experts participated in evaluating the ISO standards
and the requirements of the UN Model Regulations applicable to pressure
receptacles. Based on this evaluation, we believe the amendments
adopted in this final rule will provide an equivalent level of safety
to that achieved under the HMR.
II. Overview of Changes in This Final Rule
This final rule amends the HMR to authorize:
Design, construction and testing of refillable seamless
aluminum alloy cylinders conforming to ISO 7866;
Design, construction and testing of refillable seamless
steel cylinders conforming to ISO 9809-1, ISO 9809-2, and ISO 9809-3;
Design, construction and testing of non-refillable
metallic cylinders conforming to ISO 11118;
Design, construction and testing of composite cylinders
conforming to ISO 11119-1, 11119-2 and 11119-3, with certain
limitations;
Design, construction and testing of refillable seamless
steel tubes with a water capacity between 150 L and 3,000 L conforming
to ISO 11120;
Design, construction and testing of UN acetylene cylinders
conforming to applicable ISO standards, except the cylinders must be
refillable, made of seamless steel, filled with a suitable quantity of
solvent (solvent-free not authorized) and fitted with suitable fusible
plugs;
Design, construction and testing of MEGCs;
Requalification of UN pressure receptacles, including
pressure receptacles installed as components of MEGCs;
A quality conformity assessment system for UN pressure
receptacles based on section 6.2.2.5 of the UN Model Regulations;
A 10-year requalification interval for UN pressure
receptacles, except for acetylene and composite cylinders and pressure
receptacles used for certain specifically named gases; and
Compliance with the UN pressure receptacle filling
densities prescribed in P200 of the UN Model Regulations and as
prescribed in Sec. 173.302b or Sec. 173.304b of this final rule.
III. Summary of Comments
PHMSA received eighteen comments in response to the March 9, 2005
NPRM from gas distributors, trade associations, cylinder manufacturers,
an independent inspection agency, and a consultant. The following
companies, organizations and individuals submitted comments: Air
Liquide Canada Inc. (Air Liquide Canada; RSPA-2004-17463-20), Air
Products and Chemicals (Air Products; RPSA-2004-17463-9), Arrowhead
Industrial Services, Inc. (Arrowhead; RSPA-2004-17463-12), Baker
Petrolite Corporation (Baker; RSPA-2004-17463-23), Barlen and
Associates Inc. (Barlen; RSPA-2004-17463-16, RSPA-2004-17463-17),
Carleton Aerosystems, Inc (Carleton; RSPA-2004-17463-19), Compressed
Gas Association (CGA; RSPA-2004-17463-13), Lincoln Composites Inc.
(Lincoln Composite; RSPA-2004-17463-4), Luxfer Gas Cylinders (Luxfer;
RSPA-2004-17463-14, RSPA-2004-17463-15), Matheson Tri-Gas (Matheson;
RSPA-2004-17463-8), National Propane Gas Association (NPGA; RSPA-2004-
17463-22), Norris Cylinder Company (Norris; RPSA-2004-17463-10),
Praxair, Inc. (Praxair; RSPA-2004-17463-21), Public Utilities
Commission of Ohio (PUCO; RSPA-2004-17463-7), Taylor-Wharton Harsco
(Taylor-Wharton; RSPA-2004-17463-6) and TLCCI Inc. (TLCCI; RSPA-2004-
17463-11).
Commenters were supportive of PHMSA's efforts to harmonize the HMR
with the international cylinder standards. Most of the proposals in the
NPRM received little or no comment. Several comments were beyond the
scope of the rulemaking and are not addressed in this final rule. The
majority of the comments relate to the approval process for independent
inspection agencies, UN pressure receptacles, and manufacturers of UN
pressure receptacles. These comments are discussed below.
A. Approval of Independent Inspection Agencies (IIAs; Notified Bodies)
and Certification of UN Pressure Receptacles
Current approval procedures: Current Sec. 107.803 contains
procedures and application criteria for a person seeking approval as an
IIA to perform inspections, verifications, and certifications of DOT
specification cylinders as prescribed in 49 CFR parts 178 and 180 and
special permit cylinders. These requirements apply to DOT specification
and special permit cylinders manufactured within or outside the United
States. An IIA applicant is required to submit the following
information: A detailed description of the testing facilities; a
description of the applicant's qualifications to perform the
inspections and verifications prescribed in part 178; ownership
information; the name of each individual responsible for certifying the
inspection and test results; and a statement that the applicant will
perform the prescribed functions independent of the cylinder
manufacturers and owners.
Under the current procedures for approval of foreign cylinder
manufacturers and IIAs, a cylinder manufacturer located outside the
United States must be approved by the Associate Administrator under
Sec. 107.807, and must employ an IIA approved under Sec. 107.803,
before any cylinders may be manufactured, inspected, certified, and
marked to a DOT specification or DOT special permit. An applicant under
these sections may be a person or a corporation.
Prior to scheduling an approval inspection, the manufacturer and
the IIA must each submit an application for approval and must jointly
or separately prepare a quality control manual, which demonstrates
production and inspection procedures based on the relevant cylinder
specification in 49 CFR part 178 and relates those procedures to the
specification for which approval is sought. The manufacturer must
produce a prototype lot of cylinders. The IIA applicant must conduct a
preliminary audit with design qualification testing to certify the
design for the prototype cylinders meets the applicable DOT
specification or special permit. The IIA applicant prepares
documentation indicating a current audit was performed with certified
test results showing the prototype cylinders comply
[[Page 33860]]
with the DOT specification or special permit.
The manufacturer submits the design application to the Associate
Administrator for approval. If all documents are found acceptable, the
applicant is notified regarding details of the required on-site
inspection to be conducted by a DOT representative. A DOT approval
inspection consists of witnessing and reviewing manufacturing,
inspection and test procedures of a designated cylinder lot produced to
the specification or special permit for which approval is sought. This
inspection includes, but is not limited to, the following: Reviewing
all controls; ensuring the traceability of raw material and partially
completed cylinders throughout production; verifying the chemical
analysis of each heat of material by witnessing a lab check analysis or
by obtaining certified check analysis of the samples taken from each
lot; observing the IIA performing the duties as required in Sec.
178.35(c) of 49 CFR and the applicable cylinder specification or
special permit; witnessing all inspections and tests required for newly
manufactured cylinders; and reviewing the test results.
During the inspection, sample cylinders are selected from the lot
for on-site testing. If the procedures and controls are acceptable, and
all test results obtained from the sample cylinders comply with the
specification or special permit requirements, an additional group of
cylinders is randomly selected from the same lot. The manufacturer must
ship these cylinders to a contract test lab in the United States for
verification testing. If the results of the verification testing comply
with the specification or special permit requirements and corroborate
test results obtained during the inspection, separate approvals are
issued to the manufacturer and the IIA to perform cylinder
certifications at this particular facility location of the
manufacturer.
Proposed revisions to cylinder approval procedures: In the NPRM, we
proposed to broaden the applicability of Sec. 107.803 to include UN
pressure receptacles. In paragraph (c)(8), we proposed to permit the
selection of a person whose principal place of business is in a country
other than the United States based on an approval issued by a foreign
Competent Authority. Also in paragraph (c)(8)(ii), we proposed to
require an IIA applicant to submit written evidence the foreign
Competent Authority provides similar authority to IIAs and
manufacturers of UN pressure receptacles in the United States with no
additional limitations that are not required of it own citizenry.
Arrowhead disagrees with the language in Sec. 107.803(c)(8),
stating the wording will allow the U.S. Competent Authority to delegate
approval responsibilities to a foreign national government without
specifying any globally recognized assessment standards and minimum
requirements, such as ISO 17020. Arrowhead suggests the U.S. Competent
Authority should consider establishing accreditation processes similar
to those presently used in Europe. For the reasons discussed below we
disagree with Arrowhead's position. ISO 17020, titled ``General
criteria for the operation of various types of bodies performing
inspection,'' contains general criteria for the qualification of third
party inspection bodies. This standard is intended for use by
inspection bodies and their accreditation bodies.
As adopted in this final rule, the Associate Administrator approves
all IIAs, both foreign and domestic. The Associate Administrator may
approve foreign IIAs on the basis of an on-site audit performed by a
U.S. DOT representative or an approval issued by the foreign Competent
Authority of the country of the manufacturer. In the latter situation,
the applicant must submit a copy of its Competent Authority approval
for the type of pressure receptacle for which a U.S. approval is being
sought. The Associate Administrator will review the certifying
documents from the foreign competent authority and other required
supporting application documents. The criteria for approving IIAs
incorporate many of the same principles for technical competence and
impartiality specified in ISO 17020. In addition, we may perform
competency assessments of the IIA in conjunction with manufacturing
audits. The Associate Administrator reserves the right to accept or
deny an applicant.
In the NPRM, we proposed to require each new UN pressure receptacle
design type to be approved by the Associate Administrator and marked
with the letters ``USA'' to identify the United States of America as
the country of approval. The USA marking is required on all UN pressure
receptacles manufactured within or being shipped to, from or within the
United States. Air Liquide Canada states we should accept UN pressure
receptacles as having an equivalent level of safety without regard to
the country of manufacture. We agree cylinders bearing a UN marking
must conform to the appropriate UN and ISO standards and should be
acceptable throughout the world. However, it is essential we maintain
oversight of IIAs and cylinder manufacturers to ensure the
accountability of persons who conduct cylinder inspections and
certifications. Without the benefit of appropriate compliance
oversight, there is no way to ensure a UN cylinder was manufactured and
tested to standards offering an equal or greater level of integrity as
provided by the standards contained in part 178. Therefore, in this
final rule we are adopting the proposal requiring a UN cylinder,
acceptable for import and use within the United States, to bear a
``USA'' mark to indicate it has been approved by the U.S. DOT. This
oversight and approval process is necessary to ensure a level of safety
is maintained for the cylinders as intended by the standards prescribed
in 6.2.2.5 of the UN Model Regulations and the HMR. A UN cylinder
without the ``USA'' marking may be transported in the United States in
accordance with the provisions prescribed in paragraph (k) or (l) of
Sec. 173.301, or under the terms of a DOT special permit.
The European Commission (EC) Member States require UN cylinders and
valves to be marked with a [pi] (Pi) mark. The Pi mark provides an
easily recognizable indication of conformance with the Transportable
Pressure Equipment Directive (Council Directive 1999/36/EC of April 29,
1999) (TPED). Only UN cylinders with the Pi mark are allowed free
movement and use in all EC Member states. The Pi mark may be applied on
cylinders and valves only under the authority of a Notified Body.
Within the EC, member states approve organizations as Notified Bodies
to perform specific tasks identified in the TPED. The applicable tasks
identified in the TPED are the same as the functions prescribed for
Notified Bodies in the UN Model Regulations and are equivalent to the
functions prescribed for IIAs in this final rule.
Under this final rule, the Associate Administrator may approve any
qualified person or organization located outside the United States as
an IIA based on an on-site audit at the foreign manufacturing facility
or based on an approval issued by the foreign Competent Authority. An
IIA who is not a resident of the United States must designate a person
in the United States to act on his or her behalf. (See 49 CFR
107.705(a), 107.801(c).)
The NPRM proposed to require an applicant to submit written
evidence the foreign Competent Authority provides similar authority to
IIAs and manufacturers of UN pressure receptacles in the United States
with no additional limitations not required of its own citizenry. Upon
further
[[Page 33861]]
consideration, we believe requiring an applicant to submit written
evidence of the foreign Competent Authority's reciprocal agreement
should not be the applicant's responsibility. Instead, we are adding
Sec. 107.809 to contain conditions for approval of UN pressure
receptacle manufacturers. As adopted in this rule Sec. 107.809
specifies failure of a competent authority to recognize qualified IIAs
domiciled in the United States as a possible basis for the disapproval
of an application. If the United States recognizes Notified Bodies
designated by the Competent Authority of another country, equal
treatment should be expected from the Competent Authority of the
foreign country relative to IIAs domiciled in the United States.
Over the last five years, we have made efforts to work with the EC
to attain mutual recognition of U.S. IIAs under the TPED. Our efforts
to obtain mutual recognition of U.S. based companies have not been
successful because it is the position of the EC that only Member States
may approve bodies under their own jurisdiction. Only one U.S.-based
IIA has been recognized within the EC because of a provision in the
TPED requiring a notified body to be ``established within the
Community''. The EC has interpreted this provision to mean a notified
body must have an established legal entity (place of business) within
an EC member state. As an alternative, we suggested to the EC our
willingness to work toward developing a mutual recognition agreement
(MRA). In its response, the EC stated its reluctance to initiate new
MRA negotiations. Instead, the EC suggested we pursue this matter with
its U.S. counterpart, the U.S. Trade Representative. Our efforts to
obtain recognition by the TPED for U.S. companies to perform conformity
assessment and inspection activities for UN pressure receptacles are
on-going.
Air Products and CGA request PHMSA work with the UN to create a
registry of internationally recognized bodies and the criteria for
being listed in that registry. They further request the registry be
published and maintained so regional approvals, such as the European Pi
mark or our ``USA'' markings, are not necessary. As stated earlier, the
United States will work with the EC and other government bodies to
establish mutual recognition of independent inspection bodies. We will
continue to maintain a list of IIAs approved by the Associate
Administrator to perform inspections and verifications of cylinder
manufacture, repair and modification as prescribed in parts 178 and
180. The list of approved IIAs is available from the Associate
Administrator (PHH-32) and may be viewed on the Internet by accessing
http://www.phmsa.dot.gov. However, the establishment of a registry of
internationally recognized bodies will not obviate the need for the
``USA'' marking. The ``USA'' marking is a certification that the UN
pressure receptacle conforms in all respects to the applicable part 178
requirements.
B. Approval of UN Pressure Receptacle Manufacturers
In the NPRM, we proposed to require each manufacturer to have in
place a documented quality system for the manufacture of UN pressure
receptacles. The manufacturer's quality system involves detailed
documentation related to the types of UN pressure receptacles to be
produced, and written polices, procedures and instructions. The
documentation must include: (1) Adequate descriptions of the
organizational structure; (2) responsibilities of personnel with regard
to design and product quality; (3) the design control and verification
techniques; (4) cylinder manufacturing, quality control, quality
assurance and operating instructions; (5) quality records, such as
inspection reports, test data, and calibration data; (6) the process
for control of documents and their revision; (7) means for control of
non-conforming gas cylinders, purchased components, in-process and
final materials; and (8) the training of relevant personnel. The
manufacturer's quality system will be audited by PHMSA during the final
review of the initial design type approval.
Lincoln Composite expresses concern regarding the potential
complexity of compliance and enforcement of the manufacturer's quality
system due to the lack of formalized assessment criteria in the NPRM.
Lincoln Composite requests we recognize manufacturers with a quality
control system certified to existing international quality control
standards such as ISO 9000 as meeting the intent of Sec. 178.69. CGA
and Taylor-Wharton also recommend we acknowledge a manufacturer's
systems approved by a competent authority and in conformance with
internationally recognized quality systems such as the ISO 9000 series.
The requirements for a manufacturer's quality system, as specified in
this final rule, conform to those contained in the UN Model
Regulations. These requirements are based on the fundamentals of the
ISO 9000 series. Therefore, companies operating in conformance with the
ISO 9000 series should be able to adapt their quality management system
to fully conform to the prescribed requirements.
In the NPRM, we proposed to require the Associate Administrator to
approve all modifications to an approved quality management system. CGA
and Taylor-Wharton recommend a revision of the regulatory language to
read: ``The manufacturer shall notify the Associate Administrator of
any intended changes to the approved quality system prior to making the
change.'' Lincoln Composite objects to the need to obtain an approval
for all quality system changes and recommends requiring an approval
only when the quality system change reduces the number, type, or
frequency of inspections for a specific design type. Lincoln Composite
further suggests we delegate to the production IIA the authority to
determine what quality system changes require approval. We disagree
with the commenters as their suggestions would allow a manufacturer to
modify the approved quality system without approval from the Associate
Administrator. Based on experience gained through interaction with
manufacturers seeking modifications to approved quality systems, we may
consider revising this language at a later date if we find these
requests pertain to matters that will not substantially affect the
overall process.
Arrowhead and Barlen ask PHMSA to specifically exclude section 5.1
of ISO Technical Report 14600 from incorporation in the final rule.
They state the language in this section authorizes a manufacturer to
self-certify high pressure cylinders. We did not propose to incorporate
ISO Technical Report 14600 by reference in the NPRM and are not
adopting it in this final rule. In Sec. 178.71, we are adopting a
conformity assessment system consistent with the system described in
section 6.2.2.5 of the UN Model Regulations. The conformity assessment
system requirements in the UN Model Regulations were adopted on the
basis of the requirements in ISO Technical Report 14600. The procedures
prescribed in Sec. 178.71 of the final rule require an IIA, and not a
company employee, to perform cylinder certifications.
IV. Summary of Regulatory Changes by Section
The following is a section-by-section summary of the changes
adopted in this final rule and, where applicable, a discussion of
comments received.
[[Page 33862]]
Part 107
Section 107.801
This section lists persons who are required to obtain approvals to
inspect, requalify, test, or certify cylinders. In the NPRM, we
proposed to expand the scope of the functions performed by IIAs and
cylinder requalifiers to include UN pressure receptacles. We are
adopting this provision as proposed.
Section 107.803
This section establishes requirements for the approval of IIAs. In
this final rule, we are revising the application criteria for IIA
applicants to include inspections, verifications, and certifications of
UN pressure receptacles. The revisions to this section are discussed
earlier in this preamble under the heading ``III.A. Approval of
Independent Inspection Agencies (IIAs; Notified Bodies) and
Certification of UN Cylinders.''
Section 107.805
This section establishes requirements for cylinder requalifiers. In
this final rule, we are revising the procedures and application
criteria for persons seeking to be approved as cylinder requalifiers to
also apply to persons seeking to be approved as UN pressure receptacle
requalifiers.
Section 107.809
New Sec. 107.809 contains the conditions applicable to UN pressure
receptacle approvals as discussed earlier in this preamble under the
heading ``III.A. Approval of Independent Inspection Agencies (IIAs;
Notified Bodies) and Certification of UN Cylinders.''
Part 171
Section 171.7
This section addresses material incorporated by reference. In
paragraph (a)(3), in the table of material incorporated by reference,
under the General Services Administration, the reference to Federal
Specification RR-C-901C titled ``Cylinders, Compressed Gas: High
Pressure Steel'' is updated to read Federal Specification RR-C-901D
titled ``Cylinders, Compressed Gas: Seamless Shatterproof, High
Pressure DOT 3AA Steel, and 3AL Aluminum.'' This standard is referenced
in Sec. Sec. 173.302, 173.336, and 173.337 for the cleaning of
aluminum cylinders.
We are adding 20 new ISO entries for standards containing design,
manufacture, testing, requalification, and use requirements for UN
pressure receptacles as proposed in the NPRM.
Air Products requests we update the reference to CGA S-1.1,
``Pressure Relief Standards'' from the 2001 edition to the more recent
2003 edition. We agree the more recent 2003 edition of CGA S-1.1 should
be referenced for UN pressure receptacles. In addition, we are
continuing to exclude the requirements in 9.1.1.1 from mandatory
compliance. Section 171.7 continues to reference the 2001 edition of
CGA S-1.1 for the DOT specification cylinders. Amending provisions
relative to DOT specification cylinder is beyond the scope of this
rulemaking. Therefore, we will consider requiring the 2003 edition of
this standard for DOT specification cylinders in a future rulemaking.
Matheson requests we incorporate by reference the valve
requirements contained in CGA V-9, ``Standard for Compressed Gas
Cylinder Valves'' in place of, or in addition to, ISO 10297 in Sec.
173.301b. CGA V-9 contains general design, performance, design
qualification tests, and maintenance requirements for valves. Since we
did not propose to reference CGA V-9 in the NPRM, the adoption of this
standard is beyond the scope of this rule. We will address this matter
in a future rulemaking. Matheson also requests we incorporate by
reference CGA Technical Bulletin, TB-16, ``Recommended Coding System of
Threaded Cylinder Outlets and Threaded Valve Inlets.'' TB-16 recommends
that all new cylinder valves and cylinders made after December 31,
1998, be permanently marked with the thread codes. We may consider a
proposal to incorporate CGA TB-16 in a future rulemaking.
Under the entry for United Nations, we are revising the reference
to the UN Recommendations on the Transport of Dangerous Goods to
include the new 49 CFR section references added in this rule. The new
references are Sec. Sec. 173.40, 173.192, 173.302b, 173.304b, and
178.75.
All incorporated matter is available for inspection at the Office
of the Federal Register or the U.S. Department of Transportation,
PHMSA's Office of Hazardous Materials Standards, Room 8430, NASSIF
Building, 400 Seventh Street, SW., Washington, DC 20590. Persons may
also obtain these documents from the sources identified in Sec. 171.7
of the HMR.
Section 171.8
Section 171.8 sets forth definitions for terms used in the HMR. In
this section, we are adding new definitions for ``bundles of
cylinders,'' ``multiple element gas containers or MEGCs,'' ``settled
pressure,'' ``UN cylinder,'' ``UN pressure receptacle,'' ``UN tube,''
and ``working pressure.''
In the NPRM, we proposed to define ``working pressure'' to mean the
``settled pressure'' of a compressed gas at a reference temperature of
15 [deg]C (59 [deg]F). Praxair notes the term ``settled pressure'' is
not defined in the regulations, but is used to define the term
``working pressure,'' which includes a reference temperature different
from that of 65 [deg]C (149 [deg]F) and is used in determining the
filling pressures in Sec. Sec. 173.301--173.305. We agree with the
commenter that the term ``settled pressure'' should be defined. We are
defining the term ``settled pressure'' to mean ``pressure exerted by
the contents of a UN pressure receptacle in thermal and diffusive
equilibrium.'' This definition is consistent with that specified in the
UN Model Regulations.
Section 171.11
This section contains provisions for the shipment of hazardous
materials by aircraft in accordance with the ICAO Technical
Instructions. In the NPRM, we proposed to add a new paragraph (d)(19),
and is adopted as new paragraph (d)(20) herein, to authorize the
transport of hazardous materials in cylinders (including UN pressure
receptacles) in accordance with the ICAO Technical Instructions, under
certain conditions. Proposed paragraph (d)(19) reads:
(d)(19) Cylinders transported to, from or within the United
States must conform to the applicable requirements of this
subchapter. Unless otherwise excepted in this subchapter, a cylinder
may not be transported unless--
(i) The cylinder is manufactured, inspected and tested in
accordance with a DOT specification or a UN standard prescribed in
part 178 of this subchapter, except that cylinders not conforming to
these requirements must meet the requirements in Sec. 173.301(j)
through (k);
(ii) The cylinder is equipped with a pressure relief device in
accordance with Sec. 173.301(f) of this subchapter and conforms to
the applicable requirements in part 173 for the hazardous material
involved;
(v) For aluminum cylinders in oxygen service except those used
aboard aircraft in accordance with the applicable airworthiness
requirements and operating regulations, the opening is configured
with straight (parallel) threads (UN cylinders are marked with the
cylinder thread type, e.g. ``18P'' or ``18S''); and
(vi) A UN cylinder is marked with ``USA'' as a country of
approval in conformance with Sec. Sec. 178.69 and 178.70 of this
subchapter.
Air Liquide Canada, CGA, and Taylor-Wharton request we revise
paragraph (d)(19)(ii) to permit the transportation of UN cylinders
without PRDs for export
[[Page 33863]]
only. Upon further consideration, we agree with the commenters' request
to permit UN cylinders not intended for use in the United States to be
filled and transported for export only. In this final rule, these
cylinders may be transported under the conditions prescribed in
paragraph (l) of Sec. 173.301. Paragraph (l) permits, under certain
conditions, the transportation of UN pressure receptacles without the
``USA'' marking, and ``USA'' marked UN pressure receptacles without the
required PRD, to be filled for export only. We are making a similar
change to the regulatory language in Sec. Sec. 171.12 and 171.12a.
These amendments eliminate the need for DOT-E 12929, which authorizes
certain DOT specification cylinders and foreign cylinders without PRDs
to be charged and transported for export only. We are also adding
certain safety conditions prescribed in DOT E-12929:
(1) Each DOT specification cylinder or UN pressure receptacle must
be plainly and durably marked ``For Export Only'';
(2) The shipping paper must include the following certification:
``This cylinder has (These cylinders have) been retested and refilled
in accordance with the DOT requirements for export.''; and
(3) The emergency response information provided with the shipment
and available from the emergency response telephone contact person must
indicate the pressure receptacles are not fitted with pressure relief
devices and provide appropriate guidance in the event of exposure to a
fire.
For aluminum cylinders in oxygen service, we proposed in paragraph
(d)(19)(v), to require each opening to be configured with straight
(parallel) threads. The UN Model Regulations permit the use of either
tapered or straight threads in aluminum alloy oxygen cylinders through
the incorporation by reference of other ISO standards. However, we did
not propose to allow the use of tapered threads in aluminum alloy
cylinders used in oxygen service and transported in the United States.
This position is consistent with the current requirement in Sec.
173.302(b) of the HMR, which requires each aluminum oxygen cylinder
opening to be configured with straight threads only. Requiring the use
of straight threads eliminates the possibility of a taper threaded
valve being inadvertently inserted into a straight threaded cylinder
opening. Such a mismatch or cross connect could lead to a violent
expulsion of the taper threaded valve or unintended release of oxygen
which cause product loss, property damage, personal injury, or death.
Within the United States, there are 20 million or more DOT 3AL
aluminum alloy cylinders in oxygen service equipped with straight
threads. At the time of the proposed rule, we were concerned that
allowing the use of UN aluminum alloy oxygen cylinders with tapered
threads could increase the potential for inserting improper valves,
even though the UN cylinders will be marked with the thread type code,
e.g. 18P for straight or 25E for tapered. Persons who are not familiar
with the ISO thread type codes may assume that the aluminum alloy
oxygen cylinder is equipped with straight threads.
Although our experience in the United States involves straight
thread designs, we are aware the use of both thread designs may offer
certain advantages. In the NPRM, we asked commenters to address the
impact of retaining the prohibition against using taper threads in
aluminum alloy oxygen cylinders.
Barlen supports the proposed prohibition. Citing the difference
between the European and U.S. tapered threads, Barlen explains the
angle of the European tapered threads provides for more problem-free
valve insertion into aluminum cylinders and asserts that cylinder
owners support this proposal. Air Liquide Canada, CGA, and Matheson do
not support the proposed prohibition. CGA states the UN cylinders will
be marked with information significantly different than a DOT cylinder.
The commenters further suggest that the cylinders and valves must be
marked with the thread type. Matheson requests we mandate the use of
tapered ISO threads for aluminum UN cylinders in oxygen service and
suggest this will avoid any safety concern where valve ejection can
take place because of incorrect valves.
CGA and Matheson state all UN cylinders and their valves should be
marked with the ISO thread type. Matheson states the cylinders and
valves should be marked according to the CGA technical bulletin, TB-16,
``Recommended Coding System for Threaded Cylinders Outlets and Threaded
Valve Insets.'' CGA developed this technical bulletin for use in the
United States and Canada in response to several serious incidents where
users inserted a straight thread valve into a cylinder with taper
threads, inserted a taper thread valve into a cylinder with straight
threads, or interchanged ISO and/or other metric classification threads
with American National Standards threads. Also CGA published safety
bulletin, SB-19, ``Potential Valve Thread and Cylinder Thread
Mismatch'' to alert users that mismatching the thread on the valve and
the cylinder can result in the ejection of the valve. The safety
bulletin contains illustrations of various valve thread types.
Upon consideration of the comments received, in this final rule we
are allowing the openings on aluminum alloy UN cylinders in oxygen
service to be configured with straight or taper threads. The thread
type must be marked on the cylinder as required by Sec. 178.71(o)(11)
and on the valve as required by ISO 10297, as referenced in Sec. Sec.
173.301b(c) and 178.71(d)(2). Further, we are adding a requirement, in
Sec. 173.301(a)(10) that any person who installs a valve into an
aluminum cylinder in oxygen service must verify the valve and the
cylinder have the same thread type. We believe these requirements will
provide for harmonization with the UN Model Regulations while
maintaining an adequate level of safety.
We are adopting the requirement that each UN cylinder be marked
with ``USA'' as a country of approval for transportation within the
United States as discussed earlier in this preamble.
Section 171.12
This section contains provisions for the import and export of
hazardous materials in commerce. Paragraph (b) contains provisions
specific to the shipment of hazardous materials by vessel in accordance
with the IMDG Code. In this final rule, we are revising paragraph
(b)(15) to authorize the transport of hazardous materials in UN
pressure receptacles in accordance with the IMDG Code under certain
conditions. Readers should refer to the preamble discussion to Sec.
171.11 for changes made to this section.
Section 171.12a
This section contains provisions for the transportation by rail or
highway of shipments of hazardous materials conforming to the
regulations of the Government of Canada. Paragraph (b) contains
provisions specific to the shipment of hazardous materials in
accordance with the Transport Dangerous Goods (TDG) Regulations. We are
revising paragraph (b)(13) to authorize the transport of hazardous
materials in UN pressure receptacles in accordance with the TDG
Regulations under certain conditions. Readers should refer to the
preamble discussion to Sec. 171.11 for changes made to this section.
Part 172
Section 172.101
In Sec. 172.101, we are amending the Hazardous Materials Table
(HMT). In a
[[Page 33864]]
final rule published July 31, 2003 (Docket No. RSPA 2002-13658 (HM-
215E), 68 FR 44992), we revised eleven entries by removing the
qualifying word ``compressed.'' The eleven entries are as follows:
1008 Boron trifluoride
2417 Carbonyl fluoride
1911 Diborane
1962 Ethylene
2193 Hexafluoroethane or Refrigerant gas R116
2451 Nitrogen trifluoride
2198 Phosphorous pentafluoride
2203 Silane
1859 Silicon tetrafluoride
1982 Tetrafluoromethane or Refrigerant gas R14
2036 Xenon
We also made revisions for consistency with another amendment that
revised the reference temperature used in the definitions of a non-
liquefied and liquefied compressed gas in Sec. 173.115(d) and (e),
respectively, from 20 [deg]C (68 [deg]F) to -50 [deg]C (-58 [deg]F)
consistent with internationally accepted definitions for gases adopted
in the Twelfth Edition of the UN Model Regulations. In the NPRM, we
solicited comments on whether the packaging authorization for these
gases should remain in Sec. 173.302 or be relocated to Sec. 173.304.
Praxair recommends revising the packaging authorization reference found
in column 8B of the HMT to show 304 for the following gases so as to
remain consistent with the requirements of other liquefied gases: Boron
trifluoride, UN1008, Carbonyl fluoride, UN2417, Diborane, UN1911,
Nitrogen trifluoride, UN2451, Phosphorus pentafluoride, UN2198, Silane,
UN2203, Silicon tetrafluoride, UN1859, Tetrafluoromethane, UN1982, and
Xenon, UN2036. Although these materials now meet the definition of
liquefied compressed gases in Sec. 173.115(e) based on the revised
reference temperatures, it remains our understanding that these gases
seldom encounter temperatures of -50 [deg]C (-58 [deg]F) and below when
transported within the United States. Since these gases will seldom, if
ever, reach temperatures causing them to become liquefied in
transportation, we have determined the non-bulk packaging
authorizations for these gases should remain in Sec. 173.302.
Air Products and CGA note in the NPRM, the Hazardous Materials
Table entry, ``Ammonia, anhydrous, 2.3, UN 1005'' was missing the
symbol ``I'' which identifies the proper shipping name as appropriate
for describing materials in international transportation. The symbol
was inadvertently removed in the NPRM. We are correcting this error in
this final rule.
New Special provision N86 is added to 21 entries. This special
provision prohibits the shipment of these gases in UN pressure
receptacles made of aluminum. The 21 entries are as follows:
1001 Acetylene
1017 Chlorine
1037 Ethyl chloride
1045 Fluorine, compressed
1048 Hydrogen bromide, anhydrous
1050 Hydrogen chloride, anhydrous
1052 Hydrogen fluoride, anhydrous
1062 Methyl bromide
1063 Methyl chloride or Refrigerant gas R 40
1085 Vinyl bromide, stabilized
1086 Vinyl chloride, stabilized
1581 Chloropicrin and Methyl bromide mixture
1582 Chloropicrin and Methyl chloride mixture
1749 Chlorine trifluoride
1860 Vinyl fluoride, stabilized
1912 Methyl chloride and Methylene chloride mixture
2190 Oxygen difluoride, compressed
2196 Tungsten hexafluoride
2197 Hydrogen iodide, anhydrous
2548 Chlorine pentafluoride
2901 Bromine chloride
New special provision N87 is added to eight entries. The
special provision prohibits the shipment of these gases in UN pressure
receptacles with copper valves. The eight entries are as follows:
1005 Ammonia, anhydrous
1032 Dimethylamine, anhydrous
1036 Ethylamine
1043 Fertilizer ammoniating solution with free ammonia
1061 Methylamine, anhydrous
1083 Trimethylamine, anhydrous
2073 Ammonia solution, relative density less than 0.880 at 15 [deg]C in
water, with more than 35% but not more than 50% ammonia.
3318 Ammonia solution, relative density less than 0.880 at 15 [deg]C in
water, with more than 50% ammonia.
New special provision N88 is added to three entries. The
special provision provides that the UN pressure receptacle's metal
parts in contact with the gas must contain no more than 65% copper.
Barlen disagrees with our adding this special provision, citing the low
occurrence of copper metal coming in contact with any of the
specifically named gases. Praxair requests we revise this special
provision to allow metal parts to contain a ``nominal'' 65% copper,
suggesting that some brass alloys contain slightly more than 65%
copper. We agree with the latter commenter and will allow brass alloys
that may contain slightly more than 65% copper. However, we believe the
term ``nominal'' is not sufficiently prescriptive. Therefore, we are
providing that the copper content of metal parts in contact with the
gases may exceed the limit with a tolerance of 1%. The three entries
are as follows:
1001 Acetylene, dissolved
1060 Methyl acetylene and propadiene mixtures, stabilized
2452 Ethylacetylene, stabilized
New special provision N89 is added to ten entries. The
special provision provides that when steel UN pressure receptacles are
used, only those bearing an ``H'' mark are authorized. We proposed to
add this requirement to fourteen entries. However, Barlen, Matheson,
and Praxair request that we do not assign this special provision to
Arsine (UN2188), Germane (UN2192), Phosphine (UN2199), and Silane
(UN2203) because these ladings are not prone to hydrogen disassociating
from the compounds and posing a threat of hydrogen embrittlement, as is
the case with pure hydrogen. We agree with the commenters and we are
not adding this special provision to Arsine (UN2188), Germane (UN2192),
Phosphine (UN2199), and Silane (UN2203). We are adding the special
provision to the following ten entries:
1048 Hydrogen bromide, anhydrous
1049 Hydrogen, compressed
1050 Hydrogen chloride, anhydrous
1053 Hydrogen sulphide
1064 Methyl mercaptan
1911 Diborane
1957 Deuterium, compressed
2034 Hydrogen and Methane mixture, compressed
2197 Hydrogen iodide, anhydrous
2600 Carbon monoxide and Hydrogen mixture, compressed
Part 173
Section 173.40
This section establishes general packaging requirements for toxic
materials packaged in cylinders. In the NPRM we proposed to revise this
section to include UN cylinders. In paragraph (a), we proposed to
prohibit the transport of Hazard Zone A material in UN tubes and MEGCs.
Baker expresses concern regarding the proposal to prohibit the
transport of Hazard Zone A material in UN tubes and MEGCs. We disagree.
This final rule is intended to align the HMR with international
standards. The UN Model Regulations prohibit the transportation of
Hazard Zone A materials in UN tubes and MEGCs; therefore we are
adopting the prohibition as proposed.
In paragraph (b), we proposed to limit a UN cylinder used for
Hazard Zone A
[[Page 33865]]
or B material to a maximum water capacity of 85 liters. To maintain
consistency with the UN Model Regulations, we are not adopting the NPRM
proposal to limit UN cylinders to a capacity of 85 liters for Hazard
Zone B materials. We are placing the 85 L limitation for Hazard Zone A
materials in paragraph (d)(4).
We also proposed to require the UN cylinder to have a minimum test
pressure of 200 bar and a minimum wall thickness of 3.5 mm if made of
aluminum alloy or 2 mm if made of steel or, alternatively, be packed in
an outer packaging meeting the Packing Group I performance level.
Praxair believes these restrictions in the proposed paragraph (b)
should be moved to Sec. 173.192 and apply only to Hazard Zone A
materials. We disagree. Section 173.40 contains general packaging
requirements for toxic materials. Relocating the requirements for
minimum test pressure and minimum wall thickness to Sec. 173.192 would
apply these requirements to Division 2.3, Hazard Zone A materials, but
not to the Division 6.1 Hazard Zone A materials.
Praxair notes the UN Model Regulations allow UN pressure
receptacles containing certain Hazard Zone B materials to meet minimum
test pressures lower than 200 bar. Although the commenter is correct,
the UN Model Regulations also require UN pressure receptacles
containing other Hazard Zone B materials to have a minimum test
pressure greater than 200 bar. To maintain consistency with the UN
Model Regulations, in this final rule we are specifying when UN
pressure receptacles are used, the minimum test pressure must be in
accordance with P200 of the UN Model Regulations.
We are revising paragraph (e) to specify that MEGCs are authorized
for Hazard Zone B materials subject to the conditions and limitations
of Sec. 173.312.
Section 173.163
This section lists requirements for transporting hydrogen fluoride
in cylinders. We are revising this section to authorize UN cylinders
for the transport of hydrogen fluoride.
Section 173.192
This section lists requirements for transporting bromoacetone,
methyl bromide, chloropicrin, and methyl bromide or methyl chloride
mixtures in cylinders. We are revising the introductory text and
paragraph (a) to specify that UN cylinders with a marked test pressure
of 200 bar or greater are authorized for certain toxic gases in Hazard
Zone A. Praxair requests that provisions from Sec. 173.40 applicable
to Hazard Zone A materials be relocated to this section. Readers should
refer to the preamble discussion in Sec. 173.40.
Section 173.195
This section lists requirements for transporting hydrogen cyanide
and anhydrous, stabilized (hydrocyanic acid, aqueous solution) in
cylinders. As proposed in the NPRM, we are adding a new paragraph
(a)(3) to authorize the use of UN cylinders with a minimum test
pressure of 100 bar and a maximum filling ratio of 0.55 for hydrogen
cyanide, anhydrous, stabilized or hydrocyanic acid, aqueous solution.
We are prohibiting the use of UN tubes and MEGCs.
Section 173.201
This section lists authorized packagings for the transportation of
liquid hazardous materials in Packing Group I. As proposed in the NPRM,
we are revising paragraph (c) to authorize the use of UN cylinders for
liquid hazardous materials in Packing Group I.
Section 173.205
This section addresses general requirements for liquid hazardous
materials. As proposed in the NPRM, we are revising this section to
authorize the use of UN cylinders for liquid hazardous materials.
Section 173.226
This section lists authorized packagings for the transportation of
Division 6.1 materials in Hazard Zone A. As proposed in the NPRM, we
are revising paragraph (a) to authorize the use of UN cylinders for
materials poisonous by inhalation, Division 6.1, Packing Group I,
Hazard Zone A.
Section 173.227
This section lists authorized packagings for Division 6.1 materials
in Hazard Zone B. We proposed to revise paragraph (a) to authorize the
use of UN cylinders for materials poisonous by inhalation, Division
6.1, Packing Group I, Hazard Zone B, subject to the terms and
conditions of Sec. 173.40. Praxair suggests the requirements in Sec.
173.40 should not apply to cylinders used for Division 6.1 Hazard Zone
B materials. Readers should refer to the preamble discussion in Sec.
173.40.
Section 173.228
This section lists authorized packagings for bromine pentafluoride
or bromine trifluoride. We proposed to revise paragraph (a) to
authorize the use of UN cylinders, but not UN tubes and MEGCs, for
``Bromine pentafluoride'' and ``Bromine trifluoride,'' which are
poisonous Hazard Zone A and B materials, respectively. The shipment of
these materials is subject to the terms and conditions of Sec. 173.40.
Praxair requests we allow the use of UN tubes and MEGCs to maintain
consistency with the capacity authorized for DOT specification
cylinders. We disagree. Consistent with Sec. 173.40 and the UN Model
Regulations, ``Bromine pentafluoride'' and ``Bromine trifluoride'' must
be transported in seamless cylinders. The use of UN tubes and MEGCs is
prohibited.
Section 173.301
This section establishes general requirements for the
transportation of compressed gases in cylinders. As proposed in the
NPRM, we are revising this section to apply to UN pressure receptacles.
In the NPRM, we proposed to add a new paragraph (a)(10) to require a
cylinder certified to ISO 11119-3 to have a working pressure not to
exceed 62 bar when used for Division 2.1 materials due to our concerns
about the permeation of flammable gases through the plastic liner at
high temperatures. Upon further review of the requirements in ISO
11119-3 and composite cylinders authorized by special permits, we found
the permeation of flammable gases from these cylinders at high
temperatures to be negligible. Therefore, we are not adopting the
proposed requirement for composite cylinders to have a test pressure
less than 62 bar when used for Division 2.1 materials.
In the NPRM, we proposed to prohibit the use of ISO 11119-3
composite cylinders for underwater breathing applications because of
the effects of saltwater on some resins. CGA notes ISO 11119-3 contains
special requirements for cylinders used in underwater applications.
Lincoln Composite states the primary pressure containment structure of
ISO 11119-2 and 11119-3 cylinders is the composite over wrap and any
adverse effect of saltwater on the structural performance of the resin
matrix of composite cylinders manufactured to ISO 11119-3 would also
apply to the resin matrix of composite cylinders manufactured to ISO
11119-2. Lincoln Composites requests we remove this underwater use
restriction or apply the restriction to composite cylinders
manufactured to ISO 11119-2 and to ISO 11119-3 and cites extensive
experience in producing and using composite cylinders in saltwater
environments without incident. We agree with the commenter regarding
the uniform regulation of ISO 11119-2 and 11119-3 for underwater
[[Page 33866]]
use. The ISO standards permit a wide range of resin mixtures for the
construction of composite cylinders. In reviewing a manufacturer's
prototype design of a composite cylinder intended for underwater
applications, we will determine the suitability of the particular resin
for underwater application. Therefore, in this final rule, in Sec.
173.301b(g), we will permit the use of ISO 11119-2 and 11119-3
composite cylinders for underwater applications. Composite cylinders
manufactured to ISO 11119-2 or 11119-3 for underwater applications must
be stamped with the ``UW'' marking as specified in Sec. 178.71(o)(17).
In this final rule, we are adding a new paragraph (a)(10) to
require a person who installs a valve into an aluminum cylinder in
oxygen service to verify the valve and the cylinder have the same
thread type, as we state in the earlier preamble discussion to Sec.
171.11.
In paragraph (c) of the NPRM, we proposed to prohibit the use of a
UN non-refillable cylinder, or a UN composite cylinder certified to ISO
11119-3 (fully wrapped fibre reinforced composite gas cylinders with
non-load sharing metallic liners or non-metallic liners) for toxic gas
or toxic gas mixtures in Hazard Zone A or B. Lincoln Composite agrees
with the limited use of non-metallic (plastic) composite cylinders for
toxic gases or toxic gas mixtures containing a Division 2.3, Hazard
Zone A or B, material. However, Lincoln Composite believes we should
not ban the use of these composite cylinders without ``definitive
performance goals.'' Lincoln Composite acknowledges, however, that the
suitability of plastic-lined composite cylinders for toxic gases is an
issue yet to be evaluated. PHMSA does not have sufficient safety data
on the permeation of toxic gases from composite cylinders. Therefore,
in the absence of this data, we are adopting the prohibition as
proposed.
In paragraph (d), we are prohibiting the use of UN cylinders made
of aluminum alloy 6351-T6 as proposed.
We are revising paragraph (f)(5) to specify PRDs are not required
on UN pressure receptacles transported in accordance with paragraph (k)
or (l) of this section, for consistency with the revisions made to
Sec. Sec. 171.11, 171.12, and 171.12a in this final rule. Readers
should refer to our earlier preamble discussion to Sec. 171.11.
As proposed in the NPRM, we are revising paragraph (h) to specify
UN pressure receptacles must meet the cylinder valve protection
requirements in Sec. 173.301b(f).
As proposed in the NPRM, we are revising paragraph (i), containing
requirements for cylinders mounted on a motor vehicle or in frames, to
specify MEGCs must meet the requirements in Sec. 173.312.
Also, as proposed in the NPRM, we are revising paragraphs (j), (k)
and (l) to include UN cylinders. Paragraph (l) is revised to permit the
transportation of UN cylinders without PRDs that are not intended for
use in the United States to be filled and transported for export only,
under certain conditions. These conditions provide that a UN cylinder
manufactured, inspected, tested and marked in accordance with part 178
of this subchapter and otherwise conforms to the requirements of this
part for the gas involved, except that the cylinder is not equipped
with a PRD, may be filled with a gas and offered for transportation and
transported for export under certain conditions. Readers should refer
to our earlier discussion to Sec. 171.11 regarding the transport of UN
pressure receptacles without PRDs for export only.
Section 173.301b
New Sec. 173.301b contains additional general requirements for the
shipment of hazardous materials in UN pressure receptacles.
When a refillable pressure receptacle is filled with a gas
different from that previously contained in the cylinder, the cylinder
must be cleaned in accordance with ISO 11621 prior to refilling. We
proposed to require a UN pressure receptacle to have its valve
protected in accordance with the methods prescribed in Sec.
173.301b(f). CGA and Taylor Wharton request we clarify this requirement
applies to valves that have inherent protection as provided by the ISO
standard. We are revising the requirement to clarify that the valves
must be designed and constructed with sufficient inherent strength to
withstand damage in accordance with Annex B of ISO 10297. In this final
rule, we are placing this requirement in Sec. 173.301b(c)(2).
We proposed in paragraph (g) to require a non-refillable UN
pressure receptacle transported as an inner packaging of a combination
packaging to be limited to a water capacity not exceeding 1.25 L when
used for a flammable or toxic gas, and to be prohibited for a Hazard
Zone A material. Praxair suggests current regulations do not impose a
limit on the water capacity for DOT specification cylinders in
flammable gas service; therefore, no limit should be prescribed for the
UN cylinders. We disagree with the commenter. Current Sec. 173.302a
limits the internal volume of DOT 39 non-refillable cylinders to 1.23 L
when filled with a Division 2.1 material and Sec. 173.40 prohibits the
use of DOT 39 cylinders for Hazard Zone A materials. We are adopting
the provision as proposed and placing it in paragraph (d). We are also
rearranging the other requirements in this section for the benefit of
users.
Section 173.302
This section addresses requirements for filling cylinders with non-
liquefied (permanent) compressed gases. As proposed in the NPRM, we are
making several revisions to this section. Paragraph (a) is revised to
authorize the use of UN pressure receptacles for permanent gases.
Paragraph (b)(2) is revised to permit the openings in aluminum UN
cylinders in oxygen service to be configured with straight or taper
threads as we stated in the earlier preamble discussion to Sec.
171.11. We proposed in paragraph (b)(3) to require UN pressure
receptacles to be subject to the cleaning requirements in ISO 11621 and
to update the cleaning requirements for DOT specification cylinders
from Federal Specification RR-C-901C to Federal Specification RR-C-
901D. However, in the NPRM, we failed to update one of the paragraph
cites we referenced in Federal Specification RR-C-901D. Luxfer requests
we correct the cite reference to paragraph 4.4.2.2 to read paragraph
4.2.2.2. The sampling provisions in Federal Specification RR-C-901C,
paragraph 4.4.2.2, are actually contained in Federal Specification RR-
C-901D, paragraph 4.3.2. Therefore, in this final rule, we are
correcting the cite reference to read paragraph 4.3.2.
Section 173.302b
New Sec. 173.302b contains the filling requirements for UN
pressure receptacles used to transport non-liquefied (permanent) gases.
Praxair requests we revise paragraph (d) to authorize the use of UN
tubes for diborane and diborane mixtures. We disagree. We did not
propose to allow the use of UN tubes for diborane and diborane mixtures
because their use is not authorized under the UN Model Regulations.
Readers should refer to the earlier discussion in Sec. 173.40.
Praxair requests we revise paragraph (e) to increase the settled
pressure in UN pressure receptacles for carbon monoxide to the level
permitted for DOT specification cylinders. As proposed in the NPRM, the
settled pressure in UN cylinders for carbon monoxide is equivalent to
the settled pressure allowed for DOT cylinders. The limits may appear
to be different because the settled pressure in UN
[[Page 33867]]
cylinders is linked to the test pressure at 65 [deg]C (149 [deg]F)
while the settled pressure in DOT cylinders is linked to service
pressure at a reference temperature of 20 [deg]C (65 [deg]F).
Section 173.303
This section establishes requirements for filling cylinders with
acetylene. As proposed in the NPRM, we are authorizing the use of UN
cylinders and bundles of cylinders for acetylene. The cylinder must
conform to ISO 9809 and have fusible plugs in accordance with ISO 3807-
2. Taylor-Wharton requests we consider increasing the settled pressure
of DOT specification cylinders for acetylene. This comment is beyond
the steps of this rulemaking. We will consider the commenter's request
in a future rulemaking.
In the NPRM, we proposed a new paragraph (f) to authorize UN
cylinders and bundles of cylinders for the transport of acetylene gas.
In this paragraph, we proposed that any metal part in contact with the
contents may not contain more than 65% copper in the alloy. As
discussed earlier in this preamble, special provision N88 contains this
same requirement; therefore, it is removed in paragraph (f).
Section 173.304
This section addresses requirements for filling cylinders with
liquefied compressed gases. As proposed in the NPRM, we are revising
paragraph (a) to authorize the use of UN pressure receptacles for
liquefied compressed gases.
Section 173.304b
New Sec. 173.304b contains specific requirements for the shipment
of liquefied compressed gases in UN pressure receptacles. In paragraph
(b), we proposed to allow UN pressure receptacles to be filled with
liquefied gases by using the numerical values and data specified in
Table 2 of P200 of the UN Model Regulations or by using the formulas in
paragraphs (b)(3) and (b)(4) of Sec. 173.304b for determining filling
limits for liquefied compressed gases and gas mixtures with unknown
densities. Barlen and Matheson express concern regarding the required
use of these formulas, which generally result in lower and more
restrictive filling limits than those permitted in Sec. 173.301.
Barlen and Matheson request we revise the method for determining
filling limits of liquefied compressed gases and gas mixtures in UN
pressure receptacles to remove these proposed formulas or allow the use
of alternative methods. We agree. In this final rule, we are permitting
use of alternative methods for determining filling limits for liquefied
compressed gases and gas mixtures in UN pressure receptacles.
CGA notes that the P200 filling limits in the UN Model Regulations
were under review at the time we published the NPRM. This review,
completed during the summer of 2005, verified the acceptance of most of
the current P200 filling ratio values. Based on this review, we are
lowering the filling limits for eleven gases. We are adding a table
containing the revised filling limits for the effected gases in
paragraph (c). Matheson further notes gas mixtures are not specifically
addressed in the regulatory text, and requests we add the term
``mixture'' as appropriate. We agree, and have added the term
``mixture'' as appropriate.
Section 173.312
New Sec. 173.312 contains general requirements for MEGCs
consistent with the UN Model Regulations. This new section includes
filling requirements, provisions for damage protection, and HMR
references for manufacturing and requalification. Praxair requests we
revise proposed paragraph (a)(6) to require UN pressure receptacles to
be assembled with a manifold and individual shutoff valves to allow
each UN pressure receptacle to be filled separately when used for
Division 2.2 liquefied gases, or any 2.1 or 2.3 gases. We agree and we
are revising this section accordingly.
Section 173.323
This section specifies requirements applicable to ethylene oxide.
As proposed in the NPRM, we are revising paragraph (b)(2) to authorize
the use of UN pressure receptacles as authorized packagings for any
ethylene oxide gas, with the exception of acetylene.
Section 173.334
This section specifies requirements applicable to organic
phosphates mixed with compressed gas. As proposed in the NPRM, we are
revising paragraph (a) to authorize the use of UN cylinders for certain
compressed gases that are mixed with organic phosphates.
Section 173.336
This section addresses requirements for nitrogen dioxide,
liquefied, and dinitrogen tetroxide, liquefied. As proposed in the
NPRM, we are revising this section to authorize the use of UN cylinders
for nitrogen dioxide, liquefied and dinitrogen tetroxide, liquefied.
The use of UN tubes and MEGCs is not authorized. In addition, we are
correcting an inconsistency in the current requirements. We are
relocating from Sec. 173.337 the requirement for cylinders to be
equipped with a stainless steel valve and valve seat that will not
deteriorate if in contact with nitrogen dioxide. Praxair requests we
allow the use of UN pressure receptacles of equal capacity to DOT
specification cylinders. Although this request may have merit, we did
not propose to allow the use of UN tubes in this section because the UN
Model Regulations do not permit the use of UN tubes or MEGCs for the
transport of nitrogen dioxide, liquefied or dinitrogen tetroxide,
liquefied.
In addition, the reference to GSA Federal Specification RR-C-901C
is revised to read RR-C-901D and the reference to paragraph 4.4.2.2 is
revised to read 4.3.2. In addition, readers should refer to the
preamble discussion to Sec. 173.302.
Section 173.337
This section addresses requirements for nitric oxide. As proposed
in the NPRM, we are revising this section to authorize the use of UN
cylinders for nitric oxide. UN tubes and MEGCs are not authorized. In
addition, the reference to GSA Federal Specification RR-C-901C is
revised to read RR-C-901D and the reference to paragraph 4.4.2.2 is
revised to read 4.3.2. In addition, readers should refer to the
preamble discussion to Sec. 173.302.
Part 178
Section 178.69
New Sec. 178.69 contains the responsibilities and requirements
applicable to manufacturers of UN pressure receptacles. Praxair
requests we remove the words ``made in the United States'' stating the
NPRM language unnecessarily restricts the requirements to U.S.
manufacturers. We agree with the commenter and have revised this
section to reference UN cylinders marked with ``USA'' as a country of
approval.
CGA and Taylor-Wharton request PHMSA clarify that a manufacturer's
quality system be documented in the ``English language.'' We have
revised the regulatory text accordingly.
Section 178.70
New Sec. 178.70 contains the procedures for obtaining design type
approval to manufacture UN pressure receptacles. These procedures
include a pre-audit inspection by an IIA, an application for initial
design type approval, approval modification procedures, production
inspections, and recordkeeping requirements. Praxair requests we revise
paragraph (a) to clarify the requirements
[[Page 33868]]
in this section apply to all manufacturers of UN pressure receptacles
regardless of whether the manufacturer's facility is located inside or
outside of the United States. We agree and are revising the language in
paragraph (a) to clearly state this section applies to all
manufacturers of UN pressure receptacles intended for the
transportation of hazardous materials within the United States
regardless of the manufacturer's location.
CGA, Norris and Taylor-Wharton object to the requirement for a
separate audit and inspection prior to the production of each design
type and request we only require an audit and inspection prior to the
initial manufacture of UN pressure receptacles and not for subsequent
design type approvals. CGA and Taylor-Wharton request we do not subject
manufacturers to auditing and destructive testing for each new design
type without warrant. CGA and Taylor-Wharton further object to the
requirement in Sec. 178.70(f)(4) requiring a sample from the
production lot to be selected and sent to a testing laboratory, and
suggest this requirement should be at the discretion of DOT. Norris
objects to the requirement for separate inspection audits that must be
conducted by the IIA and the Associate Administrator prior to
registration of a new UN cylinder design type. Norris suggests
requiring separate inspections by the IIA and the Associate
Administrator when applying for the initial design approval but not for
subsequent design type approvals. Norris suggests manufacturers submit
the documentation for each subsequent design type to the IIA who will
also witness the tests, then submit the results of the testing to the
Associate administrator for final approval. We disagree with the
commenters. To assure the level of safety required under the HMR is
maintained, PHMSA reserves the right to conduct subsequent audits prior
to the manufacture of each new design type to verify each additional UN
pressure receptacle design type is designed and manufactured to the
appropriate standards.
Section 178.71
New Sec. 178.71 contains the manufacturing specifications for UN
pressure receptacles, including the specification marking requirements.
As proposed in the NPRM, this section prescribes definitions for terms
such as ``alternative arrangement,'' ``design type,'' and ``UN pressure
receptacle design type.'' In addition, in this final rule we are adding
a definition for ``design type approval,'' based on a request from CGA.
A design type approval is the overall approval of the manufacturer's
quality system and approval of the design type of each pressure
receptacle to be produced. The initial and subsequent design type
approval process is outlined in Sec. 178.70 of this final rule and
Section IV of the preamble to the NPRM. Finally, a number of ISO
technical standards containing design, construction, and test
requirements for seamless or composite UN pressure receptacles are
incorporated by reference.
We proposed to subject the pressure receptacles to a hydraulic
volumetric expansion test at the time of manufacture. CGA and Taylor-
Wharton request we permit the use of both the volumetric expansion test
and the proof pressure test for UN cylinders, tubes, and bundles of
cylinders. We disagree. The volumetric expansion test measures a
cylinder's elastic expansion and ensures the adequacy of the physical
properties of each cylinder.
In Sec. 178.71(d)(4) of the NPRM, we proposed to require UN
pressure receptacles filled by volume to be equipped with a level
indicator. Praxair requests we revise this section to authorize the use
of a volume activated shut-off valve as an alternative to a level
indicator. A petition for a rulemaking (P-1039) submitted by NPGA
regarding the volumetric filling of liquefied petroleum gas cylinders
is beyond the scope of this rulemaking, but will be considered along
with Praxair's request in a future proceeding. Therefore, we are
adopting this provision as proposed. CGA and Taylor-Wharton request we
incorporate by reference ISO 4706-1, ``Refillable Welded Steel Gas
Cylinders-Test pressure 60 bar and below'' ISO 4706-2, ``Refillable
Welded Steel Gas Cylinders-Test pressure greater than 60 bar'' as the
standards are approved, or consider the current 1989 version of IS0
4706. We did not propose in the NPRM to adopt the design, construction,
and test requirements for refillable, welded steel cylinders.
Therefore, the commenters' request is outside the scope of this
rulemaking. Further, ISO has not finalized the refillable, welded steel
cylinders standards. When those standards are finalized, we will
consider whether to adopt them into the HMR.
In the NPRM, we proposed to allow the use of refillable composite
cylinders designed, manufactured and tested in accordance with ISO
11119. In addition, we proposed for these composite cylinders to be
designed and manufactured to unlimited service life standards while
limiting their service life to fifteen years from the date of
manufacture. Barlen agrees with this position. Lincoln Composite
disagrees with this position, citing the rigorous hydraulic cycle
requirements in ISO 11119 necessary to designate a cylinder for
unlimited life as compared to the hydraulic cycling required for the
DOT-Fully Wrapped Carbon Fiber Reinforced Composite (DOT-CFFC)
cylinders which are currently authorized under several special permits.
Lincoln Composite further requests that we provide an unlimited service
life for those cylinders designed, manufactured and tested to the
unlimited life requirements provided by ISO 11119. We disagree.
Hydraulic cycling in a controlled setting alone does not provide an
adequate evaluation of the conditions that may be encountered in the
transportation of a composite cylinder. Therefore, limiting the service
life for composite cylinders is warranted at this time. Any increase in
service life for these composite cylinders would have to be based on a
sound non-destructive examination (NDE) performed during
requalification. The NDE method used would have to accurately detect
and measure a flaw (e.g. impact damage) that occurred during the
transportation of the composite cylinders and that may or may not be
detectable by a visual inspection. We are conducting research to
evaluate several NDE methods on composite cylinders made in accordance
with DOT-CFFC requirements. In the interim, we may consider extending
the service life of composite cylinders on a case-by-case basis through
an approval from the Associate Administrator.
We proposed in the NPRM to prohibit in the United States the
manufacture and use of fully wrapped UN composite cylinders without
liners under ISO 11119-3. Carleton expresses concern regarding the
properties of ISO 11119-3 composite cylinders with non-metallic and
non-load sharing metal liners that do not exhibit the leak before burst
failure mode. Carleton suggests this is a primary safety feature of
composite cylinders with a load sharing metallic liner. Carleton
requests we ensure adequate safety data exists before authorizing the
manufacture and use of composite cylinders with non-metallic and non
load-sharing metal liners. Lincoln Composite disagrees with the
prohibition on the manufacture of ISO 11119-3 composite cylinders
without liners based on the satisfactory shipping experience of fully
wrapped composite cylinders under several DOT special permits. Lincoln
Composite points out that DOT-E 8487, originally issued September 11,
1980, is for fully
[[Page 33869]]
wrapped fiberglass composite shell with an aluminum liner, which
carries no more than 20% of the pressure load at burst. After review of
the ISO 11119-3 standard and the design and shipping experience of
composite cylinders under special permits, we agree with the Lincoln
Composite and in this final rule are authorizing the use of composite
cylinders without liners for Division 2.1 and 2.2 gases. As specified
in ISO 11119-3 for composite cylinders without liners, the test
pressure must be limited to less than 60 bar.
Carleton notes the preamble in the NPRM contains a list of criteria
that constitute a change in an existing approved design. The commenter
requests we use the criteria contained in the DOT-CFFC cylinder
standard for defining a new composite cylinder design. We disagree. The
design change criteria contained in the NPRM preamble is specified in
ISO 11119 and must be used when determining if a change constitutes a
new design.
CGA and Taylor-Wharton request that we require manufacturers to
mark the ISO porous mass standard and not the ISO standard
identification that is the ``9809'' on acetylene cylinders. They
suggest that the ``9809'' marking could lead to confusion and cause
these cylinders to be filled with a gas other than acetylene. In this
final rule, we are requiring acetylene cylinders to be made of steel.
Therefore, we are requiring the cylinder to be marked with the
acetylene porous mass standard followed by the steel shell standard,
for example ``ISO 3807-2/ISO 9809-1.'' This will provide for easy
identification of acetylene cylinders and verification of the steel
shell.
Section 178.74
New Sec. 178.74 contains the approval procedures for MEGCs. These
provisions include procedures for submitting and processing
applications for approval, approval denials and terminations, approval
modifications, and the responsibilities of MEGC manufacturers and of
approval agencies.
The MEGC's manufacturer will submit the application to the approval
agency. Each application must include all engineering drawings and
calculations necessary for the approval agency to ensure the MEGC
design complies in all respects with the requirements in Sec. 178.75
and documentation showing the cylinders or tubes comprising the MEGC
assembly are approved. An incomplete application will be returned to
the applicant with an explanation.
If an application is complete, the approval agency will review the
design and arrange with the MEGC manufacturer to witness all required
tests. Upon satisfactory completion of the prototype testing, the
approval agency will prepare a design type approval certificate and
return the certificate and documentation to the manufacturer. The
manufacturer will submit the certificate and an approval application to
the Associate Administrator. If the application and supporting
documentation of the examination and tests performed are acceptable,
the Associate Administrator will approve the certificate. The approval
agency will be required to maintain a set of the approved drawings and
calculations for each MEGC design it reviews and a copy of each initial
design type approval certificate approved by the Associate
Administrator for at least 20 years. The approval agency will ensure
each MEGC is manufactured to the approved design type and fully
conforms to the applicable requirements. The approval agency will issue
a certificate of compliance for each MEGC manufactured.
Section 178.75
New Sec. 178.75 contains the manufacturing specifications for
MEGCs and definitions for: ``Leakproofness test,'' ``Manifold,''
``Maximum permissible gross mass or MPGM,'' and ``Structural
equipment.'' This section also references a number of ISO technical
standards for the design and construction of MEGCs. In addition, the
section includes requirements for specification marking. In the NPRM,
we proposed for shut off valves, other than those with screwed
spindles, to require ``the open and closed positions and the direction
of closure must be clearly shown.'' Air Products suggests that we
revise this statement for clarity purposes. We believe the NPRM
language is appropriate and are adopting the proposed language in this
final rule.
Section 180.201
This section lists persons to whom the requirements for
qualification, maintenance, and use of cylinders apply. As proposed in
the NPRM, we are revising the general applicability provisions to
include UN pressure receptacles.
Section 180.203
This section establishes definitions specific to cylinder
qualification, maintenance, and use. As proposed in the NPRM, we are
revising the definition for ``cylinder'' to include UN pressure
receptacles.
Section 180.205
We are revising the section heading to read: ``General requirements
for requalification of specification cylinders.''
Section 180.207
New Sec. 180.207 contains the UN pressure receptacle
requalification requirements, which include requalification intervals
and procedures. All seamless steel and aluminum cylinder types
authorized in this final rule must be requalified in accordance with
ISO 6406 (for steel) and 10461 (for aluminum). Both ISO 6406 and ISO
10461 provide for the periodic requalification of cylinders by an
ultrasonic examination or a pressure test. The pressure test may be
either the hydraulic proof pressure test or the hydrostatic volumetric
expansion test. In the NPRM, we solicited comments on whether we should
permit, under certain conditions, requalification of UN pressure
receptacles by the proof pressure method as an alternative to the
volumetric expansion test. Arrowhead supports the proposal to require
volumetric expansion testing of all UN pressure receptacles. Barlen
suggests that, with the exception of pure or mixtures of carbon
dioxide, all cylinders in Division 2.1 and 2.2 services could be
retested by the proof pressure method. Barlen further suggests PHMSA
mandate that the cylinders be marked with a clear indication of their
gas service and authorize a 15-year retest period.
The hydrostatic volumetric expansion test provides useful
information during the manufacturing of a cylinder to assure a complete
and uniform heat treatment of that cylinder. Permanent expansion in
excess of 10% of total expansion at the time of manufacture may
indicate a defective cylinder. During requalification, hydrostatic
volumetric expansion testing may result in excessive permanent
expansion (above 10%) if a cylinder has a substantial loss of side-wall
thickness due to severe internal or external corrosion. A cylinder that
has been engulfed in a fire for a period of time also may undergo
excessive expansion. Cylinders showing excessive permanent expansion
must be condemned.
Based on studies reviewed by PHMSA, a cylinder must lose a
substantial amount of its original wall thickness before excessive
permanent expansion is measured during a hydrostatic pressure test.
Since a complete visual inspection (external and internal) is required
for any requalification, a cylinder with side-
[[Page 33870]]
wall corrosion will be rejected in accordance with the appropriate
requalification standard. The size of rejectable side-wall corrosion is
much smaller than what will cause excessive permanent expansion.
Based on a survey we have conducted with participation from re-
testers, over 90% of all cylinders rejected during requalification are
rejected because of flaws identified through visual inspection. Both
the hydraulic volumetric expansion test and the proof pressure test
will provide equal assurance that a cylinder, at the time of
requalification has been pressurized to approximately 1.5 times the
service pressure without failure. Based on the review of public
comments, our technical evaluation of these two test methods and their
impact, we will allow UN pressure receptacles, including UN pressure
receptacles installed in MEGCs, to be requalified by either the
hydraulic volumetric expansion method or the hydraulic proof pressure
method.
Proposed paragraph (a)(3) states a cylinder with a specified
service life may not be refilled and offered for transportation after
its authorized service life has expired. Further, the paragraph states,
a UN composite cylinder may not be requalified beyond its 15-year
authorized service life unless approval has been received from the
Associate Administrator. CGA and Lincoln Composite request we revise
paragraph (a)(3) to clarify that UN pressure receptacles may have their
authorized service life extended if specifically approved by the
Associate Administrator. We are revising paragraph (a)(3) as requested
by the commenters. This provision applies only to UN composite
cylinders, since we did not propose to limit the authorized service
life of seamless UN pressure receptacles. Air Products requests we
align the requalification interval for DOT specification cylinders with
the interval of the corresponding UN pressure receptacle. This
rulemaking addresses UN cylinder requirements; thus, the
requalification requirements for DOT specification cylinders are beyond
the scope of this rulemaking.
We proposed, in paragraph (d)(1), to allow UN pressure receptacles
made of high strength steel with a tensile strength equal to or greater
than 950 MPa and UN tubes to be requalified in accordance with Sec.
180.209 or in accordance with procedures approved by the Associate
Administrator. CGA and Taylor-Wharton request we require all seamless
steel UN pressure receptacles to be requalified in accordance with the
requirements of ISO 6406. They state requalifiers will not be able to
determine the 950 MPa limitation of the steel because the tensile
strength is not required to be marked on the cylinders. Therefore, a
requalifier will not be able to determine if a hydrostatic test is
appropriate. We agree. Most, if not all, UN seamless steel cylinders
with a tensile strength less than 950 MPa will bear the H mark to show
the compatibility of the steel with corrosive or embrittling gases as
required by ISO 11114-1. Therefore, those UN seamless steel cylinders
bearing the H mark may be tested by the hydrostatic test method. Those
UN seamless steel cylinders bearing no H mark must be requalified by
ultrasonic examination (UE) in accordance with ISO 6406 by a
requalifier who is approved by the Associate Administrator to requalify
pressure receptacles using UE. UN tubes and MEGCs may be requalified by
acoustic emission (AE) under the terms of a special permit issued by
the Associate Administrator. A list of requalifiers who are authorized
to examine UN pressure receptacles by UE or AE is available for review
on the PHMSA Web site: http://hazmat.dot.gov/sp_app/approvals/exsys.htm#approvals
.
Section 180.212
This section addresses requirements for the repair of DOT-3 series
specification cylinders. As proposed in the NPRM, we are revising the
cylinder repair requirements to include UN pressure receptacles.
Section 180.213
This section establishes marking requirements for requalified
cylinders. As proposed in the NPRM, we are revising the requalification
marking provisions to include UN pressure receptacles. Lincoln
Composite requests we permit the use of a permanent label bearing the
requalification markings on UN composite cylinders. Lincoln Composite
states the label should be applied to the cylinder in a manner
prescribed by the cylinder's manufacturer because differing surface
treatments during manufacture may limit or preclude the use of certain
adhesives. We agree, and are authorizing the label to be affixed to the
cylinder in a manner authorized by the cylinder manufacturer. We are
also correcting a cite reference.
Section 180.217
New Sec. 180.217 contains requalification requirements for MEGCs.
This section specifies the requalification intervals and marking
requirements for MEGCs and is adopted as proposed in the NPRM.
Other Miscellaneous Comments
Praxair recommends that throughout the final rule, we revise the
term ``UN cylinders'' to the read ``UN cylinders or UN pressure
receptacles,'' noting that the term ``UN pressure receptacles''
includes pressure receptacles with a capacity larger than the 150 L
capacity in the definition of UN cylinder. We disagree with the
commenter. Revising the term ``UN cylinders'' to read ``UN cylinders or
UN pressure receptacles'' would permit the use of UN tubes, which are
not permitted for certain hazardous materials.
Carleton raised three questions regarding DOT fully wrapped
aluminum lined composite (CFFC) cylinder specifications and DOT fiber
reinforced plastic type composite (FRP-1) cylinder specifications.
Carleton asks whether DOT FRP-1 and DOT CFFC will continue as active
standards; how long will these standards remain active; and may new
designs be qualified to these standards. With exception of the question
regarding the future longevity of the DOT FRP-1 and DOT DFFC standards,
the answer to these questions is yes. This final rule addresses the
design and manufacture of UN pressure receptacles and MEGCs. We did not
propose to modify DOT CFFC or DOT FRP-1 specifications. Taylor-Wharton
requests PHMSA consider clarifying that the service pressure is not
required to be marked on DOT series 8 acetylene cylinders. We agree
with the commenter that 49 CFR 178.59 and 178.60 do not require the
service pressures to be marked on acetylene cylinders. This final rule
addresses UN pressure receptacles and, therefore, any revision to these
sections is beyond the scope of this rulemaking.
PUCO expressed concern regarding the adoption of UN pressure
receptacles and potential confusion of enforcement agencies. PUCO
requests PHMSA, in coordination with DOT modal administrations and
state enforcement agencies, to create and disseminate training
materials describing the changes and how to properly inspect UN
pressure receptacles. To assist enforcement agencies and the regulated
communities, we will develop and dissementiate training materials
regarding these amendments following the publication of this final
rule.
[[Page 33871]]
V. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the following statutory
authorities:
1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
This final rule aligns the HMR with the UN Model Regulations, which
will (1) promote flexibility; (2) permit the use of technological
advances for the manufacture of pressure receptacles; (3) provide for a
broader selection of pressure receptacles; (4) reduce the need for
special permits and exemptions to the existing regulations; and (5)
facilitate international commerce in the transportation of compressed
gases while maintaining a level of safety at least equal to that
achieved under the HMR. To this end, as discussed in detail earlier in
this preamble, the final rule amends the HMR to more fully align it
with the biennial updates of the UN Recommendations, the IMDG Code and
the ICAO Technical Instructions to facilitate the transport of
hazardous materials in international commerce.
2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. This final rule amends
the HMR to maintain alignment with international standards by
incorporating various amendments to facilitate the transport of
hazardous material in international commerce. To this end, as discussed
in detail earlier in this preamble, the final rule incorporates changes
into the HMR based on the Thirteenth Revised Edition of the UN
Recommendations, Amendment 32 to the IMDG Code, and the 2005-2006 ICAO
Technical Instructions, which became effective January 1, 2005. The
continually increasing amount of hazardous materials transported in
international commerce warrants the harmonization of domestic and
international requirements to the greatest extent possible.
Harmonization serves to facilitate international transportation; at the
same time, harmonization ensures the safety of people, property, and
the environment by reducing the potential for confusion and
misunderstanding that could result if shippers and transporters were
required to comply with two or more conflicting sets of regulatory
requirements. While the intent of this rulemaking is to align the HMR
with international standards, we review and consider each amendment on
its own merit based on its overall impact on transportation safety and
the economic implications associated with its adoption into the HMR.
Our goal is to harmonize without sacrificing the current HMR level of
safety and without imposing undue burdens on the regulated public.
Thus, as discussed in detail earlier in this preamble, there are
several instances where we elected not to adopt a specific provision of
the UN Model Regulations, the IMDG Code or the ICAO Technical
Instructions. Further, we are maintaining a number of current
exceptions for domestic transportation that should minimize the
compliance burden on the regulated community.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is a not considered a significant regulatory action
under section 3(f) of Executive Order 12866 or the Regulatory Policies
and Procedures of the Department of Transportation (44 FR 11034). This
final rule was not reviewed by the Office of Management and Budget. A
regulatory evaluation is in the docket for this rulemaking.
This final rule adds provisions to the HMR, based on the standards
contained in the United Nations Model Regulations, that would permit
the design, construction, maintenance, and use of seamless UN pressure
receptacles and MEGCs. The changes provide shippers with an optional
means of compliance; therefore, any increased compliance costs
associated with the proposals in this final rule would be incurred
voluntarily by the compressed gas industry. Ultimately, we expect each
company to make reasonable decisions based on its own business
operations and future goals. Thus, costs incurred if a company elects
to manufacture or use UN pressure receptacles and MECGs would be
balanced by the benefits (e.g., access to foreign markets) accruing
from this decision.
More broadly, this final rule harmonizes the requirements in the
HMR for the manufacture and use of cylinders with international
standards in the UN Model Regulations. Harmonization of the HMR with
international standards will eliminate inconsistencies between the
regulations, thereby facilitating efficient transportation of hazardous
materials in pressure receptacles across national borders. More
importantly, harmonized regulations reduce the potential for
misunderstanding and confusion and, thus, enhance safety.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule preempts State, local and Indian tribe requirements but does
not propose any regulation that has substantial direct effects on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
The Federal hazardous materials transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements on certain covered
subjects. Covered subjects are:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, reconditioning, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material.
This final rule addresses covered subject items (1), (2), (3), and
(5) described above and would preempt State, local, and Indian tribe
requirements not meeting the ``substantively the same'' standard. This
final rule is necessary to harmonize domestic regulations for the
transportation of hazardous materials in cylinders with international
standards.
Federal hazardous materials transportation law provides at Sec.
5125(b)(2) that, if DOT issues a regulation concerning any of the
covered subjects, DOT must determine and publish in the Federal
Register the effective date of Federal preemption. The effective date
may not be earlier than the 90th day following the date of issuance of
the final rule and not later than two years after the date of issuance.
The effective date of Federal preemption will be 90 days from
publication of this final rule in the Federal Register.
[[Page 33872]]
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications and does not impose direct compliance
costs, the funding and consultation requirements of Executive Order
13175 do not apply.
E. Regulatory Flexibility Act and Executive Order 13272
The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each
agency to review regulations and assess their impact on small
businesses and other small entities to determine whether the proposed
rule is expected to have a significant impact on a substantial number
of small entities. This rule imposes only minimal new costs of
compliance on the regulated industry. Based on the assessment in the
regulatory evaluation, I hereby certify that while this rule applies to
a substantial number of small entities, there will not be a significant
economic impact on those small entities. A detailed Regulatory
Flexibility analysis is available for review in the docket.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.
Need for the final rule. Current requirements for the manufacture,
use, and requalification of cylinders can be traced to standards first
applied in the early 1900s. Over the years, the regulations have been
revised to reflect advancements in transportation efficiency and
changes in the national and international economic environment. The
changes in this final rule permit shippers to use either current DOT
specification cylinders or the new seamless UN pressure receptacles and
MEGCs for the transportation of compressed gases. This action is being
taken to facilitate international transportation, increase flexibility
for the regulated community and promote technological advancement while
maintaining a comparable level of safety.
Description of action. In this final rule, we are adding optional
requirements for the manufacture, maintenance, testing, and use of UN
pressure receptacles and to adopt a qualification and approval process
for persons who choose to certify refillable UN pressure receptacles.
Identification of potentially affected small entities. Businesses
likely to be affected by the final rule are cylinder manufacturers,
cylinder requalifiers, independent inspection agencies, and commercial
establishments that own and use DOT specification cylinders. There are
approximately three United States manufacturers of seamless pressure
receptacles. In addition, the Associate Administrator has approved
approximately 2,150 active domestic cylinder requalifiers who use the
volumetric expansion test and seven domestic independent inspection
agencies. There are also two facilities approved to perform seamless
cylinder repairs. Cylinder requalifiers include businesses that manage
large fleets of cylinders, such as cylinders filled with propane to
power forklift trucks and for use by retail customers through cylinder
exchange programs. There are literally hundreds of thousands of
commercial establishments that own and use cylinders manufactured to
DOT specifications. These business sectors include agriculture; mining;
construction; manufacturing; transportation; communications; electric,
gas, and sanitary services; wholesale trade; retail trade; and other
services.
Unless alternative definitions have been established by the agency
in consultation with the Small Business Administration (SBA), the
definition of ``small business'' has the same meaning as under the
Small Business Act. Since no such special definition has been
established, we employ the thresholds published by SBA for industries
subject to the HMR. Based on 1997 data compiled by the U.S. Census
Bureau, it appears that upwards of 97 percent of firms subject to this
final rule are small businesses. For the most part, these entities will
incur minimal costs to comply with the provisions of this final rule.
The provisions are optional; companies will choose to expand their
operations to include UN pressure receptacles based on their ability to
offset any additional costs.
Reporting and recordkeeping requirements. Consistent with the UN
Model Regulations, the final rule includes a new recordkeeping
requirement for a proposed quality control system for facilities that
manufacture UN pressure receptacles in the United States. The
requirements will affect about 50 cylinder manufacturers; we anticipate
that each manufacturer may incur minimal costs each year to comply with
the new requirement.
Related Federal rules and regulations. With respect to the
transportation of compressed gases in cylinders, there are no related
rules or regulations issued by other department or agencies of the
Federal Government.
Alternate proposals for small business. While certain regulatory
actions may affect the competitive situation of an individual company
or group of companies by imposing relatively greater burdens on small
rather than large enterprises, we do not believe that this will be the
case with this final rule. The requirements for the manufacture,
testing, and use of UN pressure receptacles as in the final rule are
optional. Ultimately, we expect each company to make reasonable
decisions based on its own business operations and future goals. Thus,
the costs incurred if a company elects to manufacture or use UN
pressure receptacles and MECGs would be balanced by the benefits (e.g.,
access to foreign markets) accruing from this decision.
Conclusion. I certify this final rule would not have a significant
economic impact on a substantial number of small entities. The costs
associated with this final rule will be assumed voluntarily based on a
company's ability to offset the costs with benefits such as increased
access to foreign markets. Indeed, adoption of the UN pressure
receptacle standards should result in overall cost savings to those who
choose to utilize them and will ease the regulatory compliance burden
for shippers engaged in international commerce, including trans-border
shipments in North America.
F. Paperwork Reduction Act
This final rule resulted in an increase in annual burden and costs
based on a new information collection requirement. This notice
identifies a new information collection request that PHMSA submitted to
the Office of Management and Budget (OMB) for approval based on the
requirements in this final rule. The information collection regarding
the design, construction, maintenance and use of UN cylinders has been
approved by OMB under OMB Control No. 2137-0621, ``Requirements for UN
Cylinders,'' with an expiration date of May 31, 2008.
PHMSA developed burden estimates to reflect changes in this final
rule. PHMSA estimates that the total information collection and
recordkeeping burden for the current requirements of this final rule
will be as follows:
OMB No. 2137-0621:
Total Annual Number of Respondents: 50.
[[Page 33873]]
Total Annual Responses: 150.
Total Annual Burden Hours: 900.
Total Annual Burden Cost: $22,500.00.
Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), Title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information collection and recordkeeping requests. PHMSA
specifically requested comments on the information collection and
recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval under this final rule. No
comments were received regarding this information collection.
Direct your requests for a copy of the information collection to
Deborah Boothe or T. Glenn Foster, Office of Hazardous Materials
Standards (PHH-10), Pipeline and Hazardous Materials Safety
Administration (PHMSA), Room 8102, 400 Seventh Street, SW., Washington,
DC 20590-0001, Telephone (202) 366-8553.
G. Unfunded Mandates Reform Act of 1995
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$120.7 million or more, in the aggregate, to any of the following:
State, local, or Native American tribal governments, or the private
sector.
H. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document may be used to cross-reference this action with the
Unified Agenda.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major Federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. There are no significant environmental impacts associated
with this final rule. We are revising certain HMR requirements for the
transportation of hazardous materials in cylinders in order to promote
safer transportation practices, facilitate international commerce, and
make these requirements compatible with international standards
regarding such transportation.
J. Privacy Act
Anyone is able to search the electronic form for all comments
received into any of our dockets by the name of the individual
submitting the comments (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labeling,
Packaging and containers, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Incorporation by reference,
Motor carriers, Motor vehicle safety, Packaging and containers,
Reporting and recordkeeping requirements.
0
In consideration of the foregoing, we amend 49 CFR Chapter I as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; 49 CFR 1.45, 1.53.
0
2. Section 107.801(a) is revised to read as follows:
Sec. 107.801 Purpose and scope.
(a) This subpart prescribes procedures for--
(1) A person who seeks approval to be an independent inspection
agency to perform tests, inspections, verifications and certifications
of DOT specification cylinders or UN pressure receptacles as required
by parts 178 and 180 of this chapter;
(2) A person who seeks approval to engage in the requalification
(e.g. inspection, testing, or certification), rebuilding, or repair of
a cylinder manufactured in accordance with a DOT specification or a
pressure receptacle in accordance with a UN standard, under subchapter
C of this chapter or under the terms of a special permit issued under
this part;
(3) A person who seeks approval to perform the manufacturing
chemical analyses and tests of DOT specification cylinders, special
permit cylinders, or UN pressure receptacles outside the United States.
* * * * *
0
3. In Sec. 107.803, the section heading is revised, paragraph (c)(8)
is redesignated as paragraph (c)(9), and a new paragraph (c)(8) is
added to read as follows:
Sec. 107.803 Approval of an independent inspection agency (IIA).
* * * * *
(c) * * *
(8) If the applicant's principal place of business is in a country
other than the United States, the Associate Administrator may approve
the applicant on the basis of an approval issued by the Competent
Authority of the country of manufacture. The Competent Authority must
maintain a current listing of approved IIAs and their identification
marks. The applicant must provide a copy of the designation from the
Competent Authority of that country delegating to the applicant an
approval or designated agency authority for the type of packaging for
which a DOT or UN designation is sought; and
* * * * *
0
4. In Sec. 107.805, the section heading and paragraphs (a), (c)(2),
and (d) are revised to read as follows:
Sec. 107.805 Approval of cylinder and pressure receptacle
requalifiers.
(a) General. A person must meet the requirements of this section to
be
[[Page 33874]]
approved to inspect, test, certify, repair, or rebuild a cylinder in
accordance with a DOT specification or a UN pressure receptacle under
subpart C of part 178 or subpart C of part 180 of this chapter, or
under the terms of a special permit issued under this part.
* * * * *
(c) * * *
(2) The types of DOT specification or special permit cylinders, or
UN pressure receptacles that will be inspected, tested, repaired, or
rebuilt at the facility;
* * * * *
(d) Issuance of requalifier identification number (RIN). The
Associate Administrator issues a RIN as evidence of approval to
requalify DOT specification or special permit cylinders, or UN pressure
receptacles if it is determined, based on the applicant's submission
and other available information, that the applicant's qualifications
and, when applicable, facility are adequate to perform the requested
functions in accordance with the criteria prescribed in subpart C of
part 180 of this subchapter.
* * * * *
0
5. Section 107.809 is added to read as follows:
Sec. 107.809 Conditions of UN pressure receptacle approvals.
(a) Each approval issued under this subpart contains the following
conditions:
(1) Upon the request of the Associate Administrator, the applicant
or holder must allow the Associate Administrator or the Associate
Administrator's designee to inspect the applicant's pressure receptacle
manufacturing and testing facilities and records, and must provide such
materials and pressure receptacles for analyses and tests as the
Associate Administrator may specify. The applicant or holder must bear
the cost of the initial and subsequent inspections, analyses, and
tests.
(2) Each holder must comply with all of the terms and conditions
stated in the approval letter issued under this subpart.
(b) In addition to the conditions specified in Sec. 107.713, an
approval may be denied or if issued, suspended or terminated if the
Competent Authority of the country of manufacture fails to initiate,
maintain or recognize an IIA approved under this subpart; fails to
recognize UN standard packagings manufactured in accordance with this
subchapter; or implements a condition or limitation on United States
citizens or organizations that is not required of its own citizenry.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
6. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub L. 104-134
section 31001.
0
7. In Sec. 171.7, in the table in paragraph (a)(3) make the following
changes:
0
a. Under Compressed Gas Association Inc., a new entry for CGA S-1.1,
2003 edition, is added;
0
b. Under General Services Administration, the entry Federal
Specification RRC901C is removed, and an entry for RR-C-901D is added;
0
c. Revise the entry for ``International Organization for
Standardization,'' and
0
d. Under ``United Nations,'' the entry for UN Recommendations on the
Transport of Dangerous Goods is revised.
The revisions and additions read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) Table of material incorporated by reference. * * *
----------------------------------------------------------------------------------------------------------------
Source and name of material 49 CFR reference
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Compressed Gas Association, Inc.,
* * * * * * *
CGA Pamphlet S-1.1, Pressure Relief 173.301, 178.75.
Device Standards--Part 1--Cylinders for
Compressed Gases, 2003 (with the
exception of paragraph 9.1.1.1),
Eleventh Edition.
* * * * * * *
General Services Administration,
* * * * * * *
Federal Specification RR-C-901D, 173.302; 173.336; 173.337.
Cylinders, Compressed Gas: Seamless
Shatterproof, High Pressure DOT 3AA
Steel, and 3AL Aluminum, February 21,
2003 (Superseding RR-C-901C, 1981).
* * * * * * *
International Organization for
Standardization, Case Postale 56, CH-1211,
Geneve 20, Switzerland;
Also available from: ANSI 25 West 43rd
Street, New York, NY 10036
ISO 82-74(E) Steels Tensile Testing..... 178.270-3.
ISO 535-1991(E) Paper and board-- 178.516; 178.707; 178.708.
Determination of water absorptiveness--
Cobb method.
ISO 1496-1: 1990 (E)--Series 1 freight 173.411
containers--Specification and testing,
Part 1: General cargo containers. Fifth
Edition, (August 15, 1990).
ISO 1496-3--Series 1 freight containers-- 178.74; 178.75; 178.274.
Specification and testing--Part 3: Tank
containers for liquids, gases and
pressurized dry bulk, Fourth edition,
March 1995, (E).
ISO 2431-1984(E) Standard Cup Method.... 173.121.
ISO 2592-1973(E) Petroleum products-- 173.120.
Determination of flash and fire points--
Cleveland open cup method.
ISO 2919-1980(E) Sealed radioactive 173.469.
sources--Classification.
ISO 3036-1975(E) Board--Determination of 178.708.
puncture resistance.
ISO 3574-1986(E) Cold-reduced carbon 178.503; Part 178, appendix C.
steel sheet of commercial and drawing
qualities.
ISO 3807-2, Cylinders for acetylene--Basic 173.303; 178.71.
requirements--Part 2: Cylinders with
fusible plugs, First edition, March 2000,
(E).
ISO 4126-1 Safety valves--Part 1: General 178.274.
Requirements, December 15, 1991, First
Edition.
ISO 6406, Gas cylinders--Seamless steel gas 180.207.
cylinders--Periodic inspection and testing,
Second edition, February 2005, (E).
[[Page 33875]]
ISO 6892 Metallic materials--Tensile 178.274.
testing, July 15, 1984, First Edition.
ISO 7225, Gas cylinders--Precautionary 178.71.
labels, First edition, November 1994,
(Corrected and reprinted August 1995), (E).
ISO 7866, Gas cylinders--Refillable seamless 178.71.
aluminum alloy gas cylinders--Design,
construction and testing, First edition,
June 1999, (E).
ISO 8115 Cotton bales--Dimensions and 172.102.
density, 1986 Edition.
ISO 9809-1: Gas cylinders--Refillable 178.71; 178.75.
seamless steel gas cylinders--Design,
construction and testing--Part 1: Quenched
and tempered steel cylinders with tensile
strength less than 1 100 MPa., First
edition, June 1999, (E).
ISO 9809-2: Gas cylinders--Refillable 178.71; 178.75.
seamless steel gas cylinders--Design,
construction and testing--Part 2: Quenched
and tempered steel cylinders with tensile
strength greater than or equal to 1 100
MPa., First edition, June 2000, (E).
ISO 9809-3: Gas cylinders--Refillable 178.71; 178.75.
seamless steel gas cylinders--Design,
construction and testing--Part 3:
Normalized steel cylinders, First edition,
December 2000, (E).
ISO 9978:1992(E)--Radiation protection-- 173.469.
Sealed radioactive sources--Leakage test
methods. First Edition, (February 15, 1992).
ISO 10297, Gas cylinders--Refillable gas 173.301b, 178.71.
cylinder valves--Specification and type
testing, First edition, May 1999, (E).
ISO 10461, Gas cylinders--Seamless aluminum-- 180.207.
alloy gas cylinders--Periodic inspection
and testing, Second edition, February 2005,
(E).
ISO 10462, Gas cylinders--Transportable 180.207.
cylinders for dissolved acetylene--Periodic
inspection and maintenance, Second edition,
February 2005, (E).
ISO 11114-1, Transportable gas cylinders-- 173.301b; 178.71.
Compatibility of cylinder and valve
materials with gas contents--Part 1:
Metallic materials, First edition, October
1997, (E).
ISO 11114-2, Transportable gas 173.301b; 178.71.
cylinders--Compatibility of cylinder
and valve materials with gas contents--
Part 2: Non-metallic materials, First
edition, December 2000, (E).
ISO 11117, Gas cylinders--Valve 173.301b.
protection caps and valve guards for
industrial and medical gas cylinders--
Design, construction and tests, First
edition, August 1998, (E).
ISO 11118, Gas cylinders--Non-refillable 178.71.
metallic gas cylinders--Specification
and test methods, First edition,
October 1999, (E).
ISO 11119-1, Gas cylinders--Gas 178.71.
cylinders of composite construction--
Specification and test methods--Part 1:
Hoop-wrapped composite gas cylinders,
First edition, May 2002, (E).
ISO 11119-2, Gas cylinders--Gas 178.71.
cylinders of composite construction--
Specification and test methods--Part 2:
Fully wrapped fibre reinforced
composite gas cylinders with load-
sharing metal liners, First edition,
May 2002, (E).
ISO 11119-3, Gas cylinders of composite 178.71.
construction--Specification and test
methods--Part 3: Fully wrapped fibre
reinforced composite gas cylinders with
non-load-sharing metallic or non-
metallic liners, First edition,
September 2002, (E).
ISO 11120, Gas cylinders--Refillable 178.71; 178.75.
seamless steel tubes of water capacity
between 150 L and 3000 L--Design,
construction and testing, First
edition, March 1999, (E).
ISO 11621, Gas cylinders--Procedures for 173.302, 173.336, 173.337.
change of gas service, First edition,
April 1997, (E).
ISO 11623, Transportable gas cylinders-- 180.207.
Periodic inspection and testing of
composite gas cylinders, First edition,
March 2002, (E).
* * * * * * *
United Nations,
* * * * * * *
UN Recommendations on the Transport of 171.12; 172.202; 172.401; 172.502; 173.22; 173.24; 173.24b;
Dangerous Goods, Thirteenth Revised Edition 173.40; 173.192; 173.197; 173.302b; 173.304b; Part 173, appendix
(2003), Volumes I and II. H; 178.75; 178.274; 178.801.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
8. In Sec. 171.8, definitions for ``bundle of cylinders,'' ``multiple
element gas container or MEGC,'' ``settled pressure,'' ``UN cylinder,''
``UN pressure receptacle,'' ``UN tube'' and ``working pressure'' are
added in alphabetical order to read as follows:
Sec. 171.8 Definitions.
* * * * *
Bundle of cylinders means assemblies of UN cylinders fastened
together and interconnected by a manifold and transported as a unit.
The total water capacity for the bundle may not exceed 3,000 L, except
that a bundle intended for the transport of gases in Division 2.3 is
limited to a water capacity of 1,000 L.
* * * * *
Multiple-element gas container or MEGC means assemblies of UN
cylinders, tubes, or bundles of cylinders interconnected by a manifold
and assembled within a framework. The term includes all service
equipment and structural equipment necessary for the transport of
gases.
* * * * *
Settled pressure means the pressure exerted by the contents of a UN
pressure receptacle in thermal and diffusive equilibrium.
* * * * *
UN cylinder means a transportable pressure receptacle with a water
capacity not exceeding 150 L that has been marked and certified as
conforming to the applicable
[[Page 33876]]
requirements in part 178 of this subchapter.
* * * * *
UN pressure receptacle means a UN cylinder or tube.
* * * * *
UN tube means a seamless transportable pressure receptacle with a
water capacity exceeding 150 L but not more than 3,000 L that has been
marked and certified as conforming to the requirements in part 178 of
this subchapter.
* * * * *
Working pressure for purposes of UN pressure receptacles, means the
settled pressure of a compressed gas at a reference temperature of 15
[deg]C (59 [deg]F).
* * * * *
0
9. In Sec. 171.11, paragraph (d)(20) is added to read as follows:
Sec. 171.11 Use of ICAO Technical Instructions.
* * * * *
(d) * * *
(20) Cylinders (including UN pressure receptacles) transported to,
from, or within the United States must conform to the applicable
requirements of this subchapter. Unless otherwise excepted in this
subchapter, a cylinder may not be transported unless;
(i) The cylinder is manufactured, inspected and tested in
accordance with a DOT specification or a UN standard prescribed in part
178 of this subchapter, except that cylinders not conforming to these
requirements must meet the requirements in Sec. 173.301(j), (k) or (l)
of this subchapter;
(ii) The cylinder is equipped with a pressure relief device in
accordance with Sec. 173.301(f) of this subchapter and conforms to the
applicable requirements in part 173 for the hazardous material
involved;
(iii) For an aluminum cylinder in oxygen service, except when used
aboard an aircraft in accordance with the applicable airworthiness
requirements and operating regulations, the cylinder openings conform
to the requirements in this paragraph. For a DOT specification cylinder
(e.g. 3AL), the opening must be configured with straight (parallel)
threads. A UN pressure receptacle may have straight (parallel) or
tapered threads provided the UN pressure receptacle is marked with the
thread type (e.g. ``17E, 25E, 18P or 25P'') and fitted with the
properly marked valve; and
(iv) The UN pressure receptacle is marked with ``USA'' as a country
of approval in conformance with Sec. Sec. 178.69 and 178.70 of this
subchapter.
0
10. In Sec. 171.12, paragraph (b)(15) is revised to read as follows:
Sec. 171.12 Import and export shipments.
* * * * *
(b) * * *
(15) Cylinders (including UN pressure receptacles) transported to,
from, or within the United States must conform to the applicable
requirements of this subchapter. Unless otherwise excepted in this
subchapter, a cylinder may not be transported unless;
(i) The cylinder is manufactured, inspected and tested in
accordance with a DOT specification or a UN standard prescribed in part
178 of this subchapter, except that cylinders not conforming to these
requirement must meet the requirements in Sec. 173.301(j), (k) or (l)
of this subchapter;
(ii) The cylinder is equipped with a pressure relief device in
accordance with Sec. 173.301(f) of this subchapter and conforms to the
applicable requirements in part 173 of this subchapter for the
hazardous material involved;
(iii) For an aluminum cylinder in oxygen service used for other
than aircraft parts, the cylinder openings conform to the requirements
of this paragraph. For a DOT specification cylinder (e.g. DOT 3AL), the
opening must be configured with straight (parallel) threads. A UN
pressure receptacle may have straight (parallel) or tapered threads
provided the cylinder is marked with the thread type, e.g. ``17E, 25E,
18P, 25P'' and fitted with the properly marked valve; and
(iv) The UN pressure receptacle is marked with ``USA'' as a country
of approval in conformance with Sec. Sec. 178.69 and 178.70 of this
subchapter.
* * * * *
0
11. In Sec. 171.12a, paragraph (b)(13) is revised to read as follows:
Sec. 171.12a Canadian shipments and packagings
* * * * *
(b) * * *
(13) When the provisions of this subchapter require that a DOT
specification or a UN standard packaging must be used for a hazardous
material, a packaging authorized by the TDG Regulations may be used
only if it corresponds to the DOT specification or UN standard
authorized by this subchapter. Unless otherwise excepted in this
subchapter, a cylinder (including UN pressure receptacles) may not be
transported unless;
(i) The packaging is a UN pressure receptacle marked with the
letters ``CAN'' for Canada as a country of manufacture or a country of
approval or is a cylinder that was manufactured, inspected and tested
in accordance with a DOT specification or a UN standard prescribed in
part 178 of this subchapter, except that cylinders not conforming to
these requirements must meet the requirements in Sec. 173.301(j), (k),
(l) or (m) of this subchapter.
(ii) The cylinder conforms to the applicable requirements in part
173 of this subchapter for the hazardous material involved; and
(iii) For an aluminum cylinder in oxygen service used for other
than aircraft parts, the cylinder openings conform to the requirements
of this paragraph. For a DOT specification cylinder (e.g. DOT 3AL), the
opening must be configured with straight (parallel) threads. UN
pressure receptacles may have straight (parallel) or tapered threads
provided the cylinder is marked with the thread type, e.g. ``17E, 25E,
18P, 25P'' and fitted with the properly marked valve.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
12. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.
Sec. 172.101 [Amended]
0
13. In the Sec. 172.101 Hazardous Materials Table, the following
entries are revised to read as follows:
[[Page 33877]]
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous Packaging (Sec. 173.***) (8) Quantity limitations (9) Vessel stowage (10)
materials Special ---------------------------------------------------------------------------------------------------------------
Symbols descriptions and Hazard class or Identification PG Label codes provisions
proper shipping division (Sec. Exceptions Non-bulk Bulk Passenger Cargo air- Location Other
names 172.102) aircraft/rail craft only
(1) (2)............... (3)............ (4).............. (5)........... (6)........... (7)........... (8A).......... (8B).......... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REVISE:]
* * * * * * *
Acetylene, 2.1............ UN1001........... .............. 2.1........... N88........... None.......... 303........... None.......... Forbidden..... 15 kg......... D............. 25, 40, 57
dissolved.
* * * * * * *
I............... Ammonia, anhydrous 2.3............ UN1005........... .............. 2.3, 8........ 4, N87, T50... None.......... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 57
* * * * * * *
I............... Ammonia solution, 2.2............ UN3318........... .............. 2.3, 8........ 4, N87, T50... None.......... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 57
relative density
less than 0.880
at 15 degrees C
in water, with
more than 50
percent ammonia.
* * * * * * *
Ammonia solution, 2.2............ UN2073........... .............. 2.2........... N87........... 306........... 304........... 314, 315...... Forbidden..... 150 kg........ E............. 40, 57
relative density
less than 0.880
at 15 degrees C
in water, with
more than 35
percent but not
more than 50
percent ammonia.
* * * * * * *
Arsine............ 2.3............ UN2188........... .............. 2.3, 2.1...... 1............. None.......... 192........... 245........... Forbidden..... Forbidden..... D............. 40
* * * * * * *
Bromine chloride.. 2.3............ UN2901........... .............. 2.3, 8, 5.1... 2, B9, B14, None.......... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 89, 90
N86.
* * * * * * *
Carbon monoxide 2.3............ UN2600........... .............. 2.3, 2.1...... 6, N89........ None.......... 302........... 302........... Forbidden..... Forbidden..... D............. 40, 57
and hydrogen
mixture,
compressed.
* * * * * * *
Chlorine.......... 2.3............ UN1017........... .............. 2.3, 8........ 2, B9, B14, None.......... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 51, 55,
N86, T50, 62, 68, 89,
TP19. 90
* * * * * * *
Chlorine 2.3............ UN2548........... .............. 2.3, 5.1, 8... 1, B7, B9, None.......... 304........... 314........... Forbidden..... Forbidden..... D............. 40, 89, 90
pentafluoride. B14, N86.
* * * * * * *
Chlorine 2.3............ UN1749........... .............. 2.3, 5.1, 8... 2, B7, B9, None.......... 304........... 314........... Forbidden..... Forbidden..... D............. 40, 89, 90
trifluoride. B14, N86.
* * * * * * *
Chloropicrin and 2.3............ UN1581........... .............. 2.3........... 2, B9, B14, None.......... 193........... 314, 315...... Forbidden..... Forbidden..... D............. 25, 40
methyl bromide N86, T50.
mixtures.
* * * * * * *
Chloropicrin and 2.3............ UN1582........... .............. 2.3........... 2, N86, T50... None.......... 193........... 245........... Forbidden..... Forbidden..... D............. 25, 40
methyl chloride
mixtures.
* * * * * * *
Deuterium, 2.1............ UN1957........... .............. 2.1........... N89........... 306........... 302........... None.......... Forbidden..... 150 kg........ E............. 40
compressed.
[[Page 33878]]
* * * * * * *
Diborane.......... 2.3............ UN1911........... .............. 2.3, 2.1...... 1, N89........ None.......... 302........... None.......... Forbidden..... Forbidden..... D............. 40, 57
* * * * * * *
Dimethylamine, 2.1............ UN1032........... .............. 2.1........... N87, T50...... None.......... 304........... 314, 315...... Forbidden..... 150 kg........ D............. 40
anhydrous.
* * * * * * *
Ethyl chloride.... 2.1............ UN1037........... .............. 2.1........... B77, N86, T50. None.......... 322........... 314, 315...... Forbidden..... 150 kg........ B............. 40
* * * * * * *
Ethylacetylene, 2.1............ UN2452........... .............. 2.1........... N88........... None.......... 304........... 314, 315...... Forbidden..... 150 kg........ B............. 40
stabilized.
* * * * * * *
Ethylamine........ 2.1............ UN1036........... .............. 2.1........... B77, N87, T50. None.......... 321........... 314, 315...... Forbidden..... 150 kg........ D............. 40
* * * * * * *
Fertilizer 2.2............ UN1043........... .............. 2.2........... N87........... 306........... 304........... 314, 315...... Forbidden..... 150 kg........ E............. 40
ammoniating
solution with
free ammonia.
* * * * * * *
Fluorine, 2.3............ UN1045........... .............. 2.3, 5.1, 8... 1, N86........ None.......... 302........... None.......... Forbidden..... Forbidden..... D............. 40, 89, 90
compressed.
* * * * * * *
Germane........... 2.3............ UN2192........... .............. 2.3, 2.1...... 2............. None.......... 302........... 245........... Forbidden..... Forbidden..... D............. 40
* * * * * * *
Hydrogen and 2.1............ UN2034........... .............. 2.1........... N89........... 306........... 302........... 302, 314, 315. Forbidden..... 150 kg........ E............. 40, 57
Methane mixtures,
compressed.
* * * * * * *
Hydrogen bromide, 2.3............ UN1048........... .............. 2.3, 2.8...... 3, B14, N86, None.......... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40
anhydrous. N89.
* * * * * * *
Hydrogen chloride, 2.3............ UN1050........... .............. 2.3, .8....... 3, N86, N89... None.......... 304........... None.......... Forbidden..... Forbidden..... D............. 40
anhydrous.
* * * * * * *
Hydrogen, 2.1............ UN1049........... .............. 2.1........... N89........... 306........... 302........... 302, 314...... Forbidden..... 150 kg........ E............. 40, 57
compressed.
* * * * * * *
Hydrogen fluoride, 8.............. UN1052........... I............. 8, 6.1........ 3, B7, B46, None.......... 163........... 243........... Forbidden..... Forbidden..... D............. 40
anhydrous. B71, B77,
N86, T10, TP2.
* * * * * * *
Hydrogen iodide, 2.3............ UN2197........... .............. 2.3........... 3, B14, N89... None.......... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40
anhydrous.
* * * * * * *
Hydrogen sulfide.. 2.3............ UN1053........... .............. 2.3, 2.1...... 2, B9, B14, None.......... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40
N89.
[[Page 33879]]
* * * * * * *
Methyl acetylene 2.1............ UN1060........... .............. 2.1........... N88, T50...... 306........... 304........... 314, 315...... Forbidden..... 150 kg........ B............. 40
and propadiene
mixtures,
stabilized.
* * * * * * *
Methyl bromide.... 2.3............ UN1062........... .............. 2.3........... 3, B14, N86, None.......... 193........... 314, 315...... Forbidden..... Forbidden..... D............. 40
T50.
* * * * * * *
Methyl chloride or 2.1............ UN1063........... .............. 2.1........... N86, T50...... 306........... 304........... 314, 315...... 5 kg.......... 100 kg........ D............. 40
Refrigerant gas R
40.
* * * * * * *
Methyl chloride 2.1............ UN1912........... .............. 2.1........... N86, T50...... 306........... 304........... 314, 315...... Forbidden..... 150 kg........ D............. 40
and methylene
chloride mixtures.
* * * * * * *
Methyl mercaptan.. 2.3............ UN1064........... .............. 2.3, 2.1...... 3, B7, B9, None.......... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40
B14, N89, T50.
* * * * * * *
Methylamine, 2.1............ UN1061........... .............. 2.1........... N87, T50...... 306........... 304........... 314, 315...... Forbidden..... 150 kg........ B............. 40
anhydrous.
* * * * * * *
Oxygen difluoride, 2.3............ UN2190........... .............. 2.3, 5.1, 8... 1, N86........ None.......... 304........... None.......... Forbidden..... Forbidden..... B............. 40
compressed.
* * * * * * *
Phosphine......... 2.3............ UN2199........... .............. 2.3, 2.1...... 1............. None.......... 192........... 245........... Forbidden..... Forbidden..... D............. 40
* * * * * * *
Silane............ 2.1............ UN2203........... .............. 2.1........... .............. None.......... 302........... None.......... Forbidden..... Forbidden..... E............. 40, 57, 104
* * * * * * *
Trimethylamine, 2.1............ UN1083........... .............. 2.1........... N87, T50...... 306........... 304........... 314, 315...... Forbidden..... 150 kg........ B............. 40
anhydrous.
* * * * * * *
Tungsten 2.3............ UN2196........... .............. 2.3, 8........ 2, N86........ None.......... 338........... None.......... Forbidden..... Forbidden..... D............. 40
hexafluoride.
* * * * * * *
Vinyl bromide, 2.1............ UN1085........... .............. 2.1........... N86, T50...... 306........... 304........... 314, 315...... Forbidden..... 150 kg........ B............. 40
stabilized.
* * * * * * *
Vinyl chloride, 2.1............ UN1086........... .............. 2.1........... 21, B44, N86, 306........... 304........... 314, 315...... Forbidden..... 150 kg........ B............. 40
stabilized. T50.
* * * * * * *
Vinyl fluoride, 2.1............ UN1860........... .............. 2.1........... N86........... 306........... 304........... 314, 315...... Forbidden..... 150 kg........ E............. 40
stabilized.
* * * * * * *
[ADDED]
Acetylene, solvent Forbidden......
free.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 33880]]
0
14. In Sec. 172.102(c)(5), Special Provisions ``N86'', ``N87'',
``N88'' and ``N89'' are added to read as follows:
Sec. 172.102 Special Provisions.
* * * * *
(c) * * *
(5) * * *
Code/Special Provisions
N86 UN pressure receptacles made of aluminum alloy are not authorized.
N87 The use of copper valves on UN pressure receptacles is prohibited.
N88 Any metal part of a UN pressure receptacle in contact with the
contents may not contain more than 65% copper, with a tolerance of 1%.
N89 When steel UN pressure receptacles are used, only those bearing the
``H'' mark are authorized.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
15. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
0
16. In Sec. 173.40, paragraphs (a)(1), (a)(2), and (b), (d) and (e)
are revised and paragraphs (a)(3) and (a)(4) are added to read as
follows:
Sec. 173.40 General packaging requirements for toxic materials
packaged in cylinders.
(a) * * *
(1) A cylinder must conform to a DOT specification or a UN standard
prescribed in subpart C of part 178 of this subchapter, except that
acetylene cylinders and non-refillable cylinders are not authorized.
The use of UN tubes and MEGCs is prohibited for Hazard Zone A
materials.
(2) The use of a specification 3AL cylinder made of aluminum alloy
6351-T6 is prohibited for a Division 2.3 Hazard Zone A material or a
Division 6.1 Hazard Zone A material.
(3) A UN composite cylinder certified to ISO-11119-3 is not
authorized for a Division 2.3 Hazard Zone A or B material.
(4) For UN seamless cylinders used for Hazard Zone A materials, the
maximum water capacity is 85 L.
* * * * *
(b) Outage and pressure requirements. For DOT specification
cylinders, the pressure at 55 [deg]C (131 [deg]F) of Hazard Zone A and
Hazard Zone B materials may not exceed the service pressure of the
cylinder. Sufficient outage must be provided so that the cylinder will
not be liquid full at 55 [deg]C (131 [deg]F).
* * * * *
(d) Additional handling protection. Each cylinder or cylinder
overpack combination offered for transportation containing a Division
2.3 or 6.1 Hazard Zone A or B material must conform to the valve damage
protection performance requirements of this section. In addition to the
requirements of this section, overpacks must conform to the overpack
provisions of Sec. 173.25.
(1) DOT specification cylinders must conform to the following:
(i) Each cylinder with a wall thickness at any point of less than
2.03 mm (0.08 inch) and each cylinder that does not have fitted valve
protection must be overpacked in a box. The box must conform to
overpack provisions in Sec. 173.25. Box and valve protection must be
of sufficient strength to protect all parts of the cylinder and valve,
if any, from deformation and breakage resulting from a drop of 2.0 m (7
ft) or more onto a non-yielding surface, such as concrete or steel,
impacting at an orientation most likely to cause damage.
``Deformation''means a cylinder or valve that is bent, distorted,
mangled, misshapen, twisted, warped, or in a similar condition.
(ii) Each cylinder with a valve must be equipped with a protective
metal cap, other valve protection device, or an overpack which is
sufficient to protect the valve from breakage or leakage resulting from
a drop of 2.0 m (7 ft) onto a non-yielding surface, such as concrete or
steel. Impact must be at an orientation most likely to cause damage.
(2) Each UN cylinder containing a Hazard Zone A or Hazard Zone B
material must have a minimum test pressure in accordance with P200 of
the UN Recommendations (IBR, see Sec. 171.7 of this subchapter). For
Hazard Zone A gases, the cylinder must have a minimum wall thickness of
3.5 mm if made of aluminum alloy or 2 mm if made of steel or,
alternatively, cylinders may be packed in a rigid outer packaging that
meets the Packing Group I performance level when tested as prepared for
transport, and that is designed and constructed to protect the cylinder
and valve from puncture or damage that may result in release of the
gas.
(e) Interconnection. Cylinders may not be manifolded or connected.
This provision does not apply to MEGCs containing Hazard Zone B
materials in accordance with Sec. 173.312.
0
17. Section 173.163 is revised to read as follows:
Sec. 173.163 Hydrogen fluoride.
(a) Hydrogen fluoride (hydrofluoric acid, anhydrous) must be
packaged as follows:
(1) In specification 3, 3A, 3AA, 3B, 3BN, or 3E cylinders; or in
specification 4B, 4BA, or 4BW cylinders except that brazed 4B, 4BA, and
4BW cylinders are not authorized. The filling density may not exceed 85
percent of the cylinder's water weight capacity. In place of the
periodic volumetric expansion test, cylinders used in exclusive service
may be given a complete external visual inspection in conformance with
part 180, subpart C, of this subchapter, at the time such
requalification becomes due.
(2) In a UN cylinder, as specified in part 178 of this subchapter,
having a minimum test pressure of 10 bar and a maximum filling ratio of
0.84.
(b) A cylinder removed from hydrogen fluoride service must be
condemned in accordance with Sec. 180.205 of this subchapter.
Alternatively, at the direction of the owner, the requalifier may
render the cylinder incapable of holding pressure.
0
18. In Sec. 173.192, the introductory text and paragraph (a)
introductory text are revised to read as follows:
Sec. 173.192 Packaging for certain toxic gases in Hazard Zone A.
When Sec. 172.101 of this subchapter specifies a toxic material
must be packaged under this section, only the following cylinders are
authorized:
(a) Specification 3A1800, 3AA1800, 3AL1800, 3E1800, or seamless UN
cylinders with a minimum test pressure in accordance with P200 of the
UN Recommendations (IBR, see Sec. 171.7 of this subchapter).
* * * * *
0
19. In Sec. 173.195, paragraph (a) is revised to read as follows:
Sec. 173.195 Hydrogen cyanide, anhydrous, stabilized (hydrocyanic
acid, aqueous solution).
(a) Hydrogen cyanide, anhydrous, stabilized, must be packed in
specification cylinders or UN pressure receptacles as follows:
(1) As prescribed in Sec. 173.192;
(2) Specification 3A480, 3A480X, 3AA480, or 3A1800 metal cylinders
of not over 126 kg (278 pounds) water capacity (nominal);
(3) Shipments in 3AL cylinders are authorized only when transported
by highway and rail; or
(4) UN cylinders, as specified in part 178, with a minimum test
pressure of 100 bar and a maximum filling ratio of 0.55. The use of UN
tubes and MEGCs is not authorized.
* * * * *
0
20. In Sec. 173.201, the last entry in paragraph (c) is revised to
read as follows:
[[Page 33881]]
Sec. 173.201 Non-bulk packagings for liquid hazardous materials in
Packing Group I.
(c) * * *
Cylinders, specification or UN standard, as prescribed for any
compressed gas, except 3HT and those prescribed for acetylene.
0
21. Section 173.205 is revised to read as follows:
Sec. 173.205 Specification cylinders for liquid hazardous materials.
When Sec. 172.101 of this subchapter specifies that a hazardous
material must be packaged under this section, the use of any
specification or UN cylinder, except those specified for acetylene, is
authorized. Cylinders used for toxic materials in Division 6.1 or 2.3
must conform to the requirements of Sec. 173.40.
0
22. In Sec. 173.226, paragraph (a) is revised to read as follows:
Sec. 173.226 Materials poisonous by inhalation, Division 6.1, Packing
Group I, Hazard Zone A.
* * * * *
(a) In seamless specification or UN cylinders conforming to the
requirements of Sec. 173.40.
* * * * *
0
23. In Sec. 173.227, paragraph (a) is revised to read as follows:
Sec. 173.227 Materials poisonous by inhalation, Division 6.1, Packing
Group I, Hazard Zone B.
(a) In packagings as authorized in Sec. 173.226 and seamless and
welded specification cylinders or UN seamless cylinders conforming to
the requirements of Sec. 173.40.
* * * * *
0
24. In Sec. 173.228, the introductory text is removed and paragraph
(a) is revised to read as follows:
Sec. 173.228 Bromine pentafluoride or bromine trifluoride.
(a) Bromine pentafluoride and bromine trifluoride are authorized in
packagings as follows:
(1) Specification 3A150, 3AA150, 3B240, 3BN150, 4B240, 4BA240,
4BW240, and 3E1800 cylinders.
(2) UN cylinders as specified in part 178 of this subchapter,
except acetylene cylinders and non-refillable cylinders, with a minimum
test pressure of 10 bar and a minimum outage of 8 percent by volume.
The use of UN tubes and MEGCs is not authorized.
(3) The use of a pressure relief device is not authorized.
* * * * *
0
25. In Sec. 173.301, paragraphs (a)(10) and (f)(5)(iv) are added; the
section heading, paragraph (f)(1), the introductory text to paragraphs
(a), (a)(1), (h), (h)(1), and (i), and paragraphs (c), (d), (j), (k)
and (l) are revised to read as follows:
Sec. 173.301 General requirements for shipment of compressed gases
and other hazardous materials in cylinders, UN pressure receptacles and
spherical pressure vessels.
(a) General qualifications for use of cylinders. Unless otherwise
stated, as used in this section, the term ``cylinder'' includes a UN
pressure receptacle. As used in this subpart, filled or charged means
an introduction or presence of a hazardous material in a cylinder. A
cylinder filled with a Class 2 hazardous material (gas) and offered for
transportation must meet the requirements in this section and
Sec. Sec. 173.301a through 173.305, as applicable.
(1) Compressed gases must be in UN pressure receptacles built in
accordance with the UN standards or in metal cylinders and containers
built in accordance with the DOT and ICC specifications and part 178 of
this subchapter in effect at the time of manufacture, and requalified
and marked as prescribed in subpart C in part 180 of this subchapter,
if applicable. The DOT and ICC specifications authorized for use are as
follows:
* * * * *
(10) Any person who installs a valve into an aluminum cylinder in
oxygen service must verify the valve and the cylinder have the same
thread type.
* * * * *
(c) Toxic gases and mixtures. Cylinders containing toxic gases and
toxic gas mixtures meeting the criteria of Division 2.3 Hazard Zone A
or B must conform to the requirements of Sec. 173.40 and CGA S-1.1 and
S-7 (IBR; see Sec. 171.7 of this subchapter). The CGA S-1.1, 2001
edition should be used for DOT specification cylinders and the CGA S-
1.1 2003 edition should be used for UN pressure receptacles (compliance
with paragraph 9.1.1.1 of CGA S-1.1 is not required). A DOT 39
cylinder, UN non-refillable cylinder, or a UN composite cylinder
certified to ISO-11119-3 may not be used for a toxic gas or toxic gas
mixture meeting the criteria for Division 2.3, Hazard Zone A or B.
(d) Gases capable of combining chemically. A cylinder may not
contain any gas or material capable of combining chemically with the
cylinder's contents or with the cylinder's material construction, so as
to endanger the cylinder's serviceability. DOT 3AL cylinders made of
aluminum alloy 6351-T6 may not be filled and offered for transportation
with pyrophoric gases. The use of UN cylinders made of aluminum alloy
6351-T6 is prohibited.
* * * * *
(f) * * *
(1) Except as provided in paragraphs (f)(5), (f)(6), and (l)(2) of
this section, a cylinder filled with a gas and offered for
transportation must be equipped with one or more pressure relief
devices sized and selected as to type, location, and quantity, and
tested in accordance with CGA S-1.1 and S-7. The CGA S-1.1, 2001
edition should be used for DOT specification cylinders and the CGA S-
1.1 2003 edition should be used for UN pressure receptacles (compliance
with paragraph 9.1.1.1 of CGA S-1.1 is not required). The pressure
relief device must be capable of preventing rupture of the normally
filled cylinder when subjected to a fire test conducted in accordance
with CGA C-14 (IBR, see Sec. 171.7 of this subchapter), or, in the
case of an acetylene cylinder, CGA C-12 (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
(5) * * *
(iv) A UN pressure receptacle transported in accordance with
paragraph (k) or (l) or this section.
* * * * *
(h) Cylinder valve protection. UN pressure receptacles must meet
the valve protection requirements in Sec. 173.301b(f). A DOT
specification cylinder used to transport a hazardous material must meet
the requirements specified in this paragraph (h).
(1) The following specification cylinders are not subject to the
cylinder valve protection requirements in this paragraph (h):
* * * * *
(i) Cylinders mounted on motor vehicles or in frames. MEGCs must
conform to the requirements in Sec. 173.313. DOT specification
cylinders mounted on motor vehicles or in frames must conform to the
requirements specified in this paragraph (i). Seamless DOT
specification cylinders longer than 2 m (6.5 feet) are authorized for
transportation only when horizontally mounted on a motor vehicle or in
an ISO framework or other framework of equivalent structural integrity.
Cylinders may not be transported by rail in container on freight car
(COFC) or trailer on flat car (TOFC) service except under conditions
approved by the Associate Administrator for Safety, Federal Railroad
Administration. The cylinder must be configured as follows:
* * * * *
(j) Non-specification cylinders in domestic use. Except as provided
in paragraphs (k) and (l) of this section, a
[[Page 33882]]
filled cylinder manufactured to other than a DOT specification or a UN
standard in accordance with part 178 of this subchapter, or a DOT
exemption or special permit cylinder or a cylinder used as a fire
extinguisher in conformance with Sec. 173.309(a), may not be
transported to, from, or within the United States.
(k) Importation of cylinders for discharge within a single port
area. A cylinder manufactured to other than a DOT specification or UN
standard in accordance with part 178 of this subchapter and certified
as being in conformance with the transportation regulations of another
country may be authorized, upon written request to and approval by the
Associate Administrator, for transportation within a single port area,
provided-
(1) The cylinder is transported in a closed freight container;
(2) The cylinder is certified by the importer to provide a level of
safety at least equivalent to that required by the regulations in this
subchapter for a comparable DOT specification or UN cylinder; and
(3) The cylinder is not refilled for export unless in compliance
with paragraph (l) of this section.
(l) Filling of cylinders for export. (1) A cylinder not
manufactured, inspected, tested and marked in accordance with part 178
of this subchapter, or a cylinder manufactured to other than a UN
standard, DOT specification, exemption or special permit, may be filled
with a gas in the United States and offered for transportation and
transported for export or alternatively, for use on board a vessel, if
the following conditions are met:
(i) The cylinder has been requalified and marked with the month and
year of requalification in accordance with subpart C of part 180 of
this subchapter, or has been requalified as authorized by the Associate
Administrator;
(ii) In addition to other requirements of this subchapter, the
maximum filling density, service pressure, and pressure relief device
for each cylinder conform to the requirements of this part for the gas
involved; and
(iii) The bill of lading or other shipping paper identifies the
cylinder and includes the following certification: ``This cylinder has
(These cylinders have) been qualified, as required, and filled in
accordance with the DOT requirements for export.''
(2) A DOT specification or a UN cylinder manufactured, inspected,
tested and marked in accordance with part 178 of this subchapter and
otherwise conforms to the requirements of this part for the gas
involved, except that the cylinder is not equipped with a pressure
relief device may be filled with a gas and offered for transportation
and transported for export if the following conditions are met:
(i) Each DOT specification cylinder or UN pressure receptacle must
be plainly and durably marked ``For Export Only'';
(ii) The shipping paper must carry the following certification:
``This cylinder has (These cylinders have) been retested and refilled
in accordance with the DOT requirements for export.''; and
(iii) The emergency response information provided with the shipment
and available from the emergency response telephone contact person must
indicate that the pressure receptacles are not fitted with pressure
relief devices and provide appropriate guidance for exposure to fire.
* * * * *
0
26. Section 173.301b is added to read as follows:
Sec. 173.301b Additional general requirements for shipment of UN
pressure receptacles.
(a) General. The requirements of this section are in addition to
the requirements in Sec. 173.301 and apply to the shipment of gases in
UN pressure receptacles. A UN pressure receptacle, including closures,
must conform to the design, construction, inspection and testing
requirements specified in parts 178 and 180 of this subchapter, as
applicable. Bundles of cylinders must conform to the requirements in
Sec. 178.70(e) of this subchapter.
(1) A UN pressure receptacle may not be filled and offered for
transportation when damaged to such an extent that the integrity of the
UN pressure receptacle or its service equipment may be affected. Prior
to filling, the service equipment must be examined and found to be in
good working condition (see Sec. 178.70(d) of this subchapter). In
addition, the required markings must be legible on the pressure
receptacle.
(2) The gases or gas mixtures must be compatible with the UN
pressure receptacle and valve materials as prescribed for metallic
materials in ISO 11114-1 (IBR, see Sec. 171.7 of this subchapter) and
for non-metallic materials in ISO 11114-2 (IBR, see Sec. 171.7 of this
subchapter).
(3) A refillable UN pressure receptacle may not be filled with a
gas or gas mixture different from that previously contained in the UN
pressure receptacle unless the necessary operations for change of gas
service have been performed in accordance with ISO 11621 (IBR, see
Sec. 171.7 of this subchapter).
(4) When a strong outer packaging is prescribed, for example as
provided by paragraph (a)(6) or (g)(1) of this section, the UN pressure
receptacles must be protected to prevent movement. Unless otherwise
specified in this part, more than one UN pressure receptacle may be
enclosed in the strong outer packaging.
(b) Individual shut-off valves and pressure relief devices. Except
for Division 2.2 permanent gases, each UN pressure receptacle must be
equipped with an individual shutoff valve that must be tightly closed
while in transit. Each UN pressure receptacle must be individually
equipped with a pressure relief device as prescribed by Sec.
173.301(f), except that pressure relief devices on bundles of cylinders
or manifolded horizontal cylinders must have a set-to-discharge
pressure that is based on the lowest marked pressure of any cylinder in
the bundle or manifolded unit.
(c) Pressure receptacle valve requirements. (1) When the use of a
valve is prescribed, the valve must conform to the requirements in ISO
10297 (IBR, see Sec. 171.7 of this subchapter).
(2) A UN pressure receptacle must have its valves protected from
damage that could cause inadvertent release of the contents of the UN
pressure receptacle by one of the following methods:
(i) By constructing the pressure receptacle so that the valves are
recessed inside the neck of the UN pressure receptacle and protected by
a threaded plug or cap;
(ii) By equipping the UN pressure receptacle with a valve cap
conforming to the requirements in ISO 11117 (IBR, see Sec. 171.7 of
this subchapter). The cap must have vent-holes of sufficient cross-
sectional area to evacuate the gas if leakage occurs at the valve;
(iii) By protecting the valves by shrouds or guards conforming to
the requirements in ISO 11117;
(iv) By using valves designed and constructed with sufficient
inherent strength to withstand damage in accordance with Annex B of ISO
10297;
(v) By enclosing the UN pressure receptacles in frames, e.g.,
bundles of cylinders; or
(vi) By packing the UN pressure receptacles in a strong outer
package, such as a box or crate, capable of meeting the drop test
specified in Sec. 178.603 of this subchapter at the Packing Group I
performance level.
(d) Non-refillable UN pressure receptacles. Non-refillable UN
pressure receptacles must conform to the following requirements:
[[Page 33883]]
(1) The receptacles must be transported as an inner package of a
combination package;
(2) The receptacle must have a water capacity not exceeding 1.25 L
when used for a flammable or toxic gas; and
(3) The receptacle is prohibited for Hazard Zone A material.
(e) Pyrophoric gases. A UN pressure receptacle must have valves
equipped with gas-tight plugs or caps when used for pyrophoric or
flammable mixtures of gases containing more than 1% pyrophoric
compounds.
(f) Hydrogen bearing gases. A steel UN pressure receptacle bearing
an ``H'' mark must be used for hydrogen bearing gases or other
embrittling gases that have the potential of causing hydrogen
embrittlement.
(g) Composite cylinders in underwater use. A composite cylinder
certified to ISO-11119-2 or ISO-11119-3 may not be used for underwater
applications unless the cylinder is manufactured in accordance with the
requirements for underwater use and is marked ``UW'' as prescribed in
Sec. 178.71(o)(17) of this subchapter.
0
27. In Sec. 173.302, the introductory text to paragraph (a) and
paragraph (b)(2) and (b)(3) are revised to read as follows:
Sec. 173.302 Filling of cylinders with non-liquefied (permanent)
compressed gases.
(a) General requirements. A cylinder filled with a non-liquefied
compressed gas (except gas in solution) must be offered for
transportation in accordance with the requirements of this section and
Sec. 173.301. In addition, a DOT specification cylinder must meet the
requirements in Sec. Sec. 173.301a, 173.302a and 173.305, as
applicable. UN pressure receptacles must meet the requirements in
Sec. Sec. 173.301b and 173.302b, as applicable. Where more than one
section applies to a cylinder, the most restrictive requirements must
be followed.
* * * * *
(b) * * *
(2) Except for UN cylinders, each cylinder opening must be
configured with straight threads only.
(3) Each UN pressure receptacle must be cleaned in accordance with
the requirements of ISO 11621 (IBR, see Sec. 171.7 or this
subchapter). Each DOT cylinder must be cleaned in accordance with the
requirements of GSA Federal Specification RR-C-901D, paragraphs 3.3.1
and 3.3.2 (IBR, see Sec. 171.7 of this subchapter). Cleaning agents
equivalent to those specified in Federal Specification RR-C-901D may be
used provided they do not react with oxygen. One cylinder selected at
random from a group of 200 or fewer and cleaned at the same time must
be tested for oil contamination in accordance with Federal
Specification RR-C-901D, paragraph 4.3.2, and meet the specified
standard of cleanliness.
* * * * *
0
28. Section 173.302b is added to read as follows:
Sec. 173.302b Additional requirements for shipment of non-liquefied
(permanent) compressed gases in UN pressure receptacles.
(a) General. A cylinder filled with a non-liquefied gas must be
offered for transportation in UN pressure receptacles subject to the
requirements in this section and Sec. 173.302. In addition, the
requirements in Sec. Sec. 173.301 and 173.301b must be met.
(b) UN pressure receptacles filling limits. A UN pressure
receptacle is authorized for the transportation of non-liquefied
compressed gases as specified in this section. Except where filling
limits are specifically prescribed in this section, the working
pressure of a UN pressure receptacle may not exceed \2/3\ of the test
pressure of the receptacle. Alternatively, the filling limits specified
for non-liquefied gases in Table 1 of P200 of the UN Recommendations
(IBR, see Sec. 171.7 of this subchapter) are authorized. In no case
may the internal pressure at 65 [deg]C (149 [deg]F) exceed the test
pressure.
(c) Fluorine, compressed, UN 1045 and Oxygen diflouride,
compressed, UN 2190. Fluorine, compressed and Oxygen difluoride,
compressed must be packaged in a UN pressure receptacle with a minimum
test pressure of 200 bar and a maximum working pressure not to exceed
30 bar. A UN pressure receptacle made of aluminum alloy is not
authorized. The maximum quantity of gas authorized in each UN pressure
receptacle is 5 kg.
(d) Diborane and diborane mixtures, UN 1911. Diborane and diborane
mixtures must be packaged in a UN pressure receptacle with a minimum
test pressure of 250 bar and a maximum filling ratio dependent on the
test pressure not to exceed 0.07. Filling should be further limited so
that if complete decomposition of diborane occurs, the pressure of
diborane or diborane mixtures will not exceed the working pressure of
the cylinder. The use of UN tubes and MEGCs is not authorized.
(e) Carbon monoxide, compressed UN 1016. Carbon monoxide,
compressed is authorized in UN pressure receptacles. The settled
pressure in a steel pressure receptacle containing carbon monoxide may
not exceed \1/3\ of the pressure receptacle's test pressure at 65
[deg]C (149 [deg]F) except, if the gas is dry and sulfur-free, the
settled pressure may not exceed \l/2\ of the marked test pressure.
0
29. In Sec. 173.303, paragraph (b) is revised and (f) is added to read
as follows:
Sec. 173.303 Filling of cylinders with compressed gas in solution
(acetylene).
* * * * *
(b) Filling limits. For DOT specification cylinders, the pressure
in the cylinder containing acetylene gas may not exceed 250 psig at 70
[deg]F. If cylinders are marked for a lower allowable charging pressure
at 70 [deg]F., that pressure must not be exceeded. For UN cylinders,
the pressure in the cylinder may not exceed the limits specified in
Sec. 173.304b(b)(2).
* * * * *
(f) UN cylinders. (1) UN cylinders and bundles of cylinders are
authorized for the transport of acetylene gas as specified in this
section. Each UN acetylene cylinder must conform to ISO 3807-2 (IBR,
see Sec. 171.7 of this subchapter), have a homogeneous monolithic
porous mass filler and be charged with acetone or a suitable solvent as
specified in the standard. UN acetylene cylinders must have a minimum
test pressure of 52 bar and may be filled up to the pressure limits
specified in ISO 3807-2. The use of UN tubes and MEGCs is not
authorized.
(2) UN cylinders equipped with pressure relief devices or that are
manifolded together must be transported upright.
0
30. In Sec. 173.304, the introductory text in paragraph (a) is revised
to read as follows:
Sec. 173.304 Filling of cylinders with liquefied compressed gases.
(a) General requirements. A cylinder filled with a liquefied
compressed gas (except gas in solution) must be offered for
transportation in accordance with the requirements of this section and
the general requirements in Sec. 173.301. In addition, a DOT
specification cylinder must meet the requirement in Sec. Sec.
173.301a, 173.304a, and 173.305, as applicable. UN pressure receptacles
must be shipped in accordance with the requirements in 173.301b and
173.304b, as applicable.
* * * * *
0
31. Section 173.304b is added to read as follows:
Sec. 173.304b Additional requirements for shipment of liquefied
compressed gases in UN pressure receptacles.
(a) General. Liquefied gases and gas mixtures must be offered for
transportation in UN pressure
[[Page 33884]]
receptacles subject to the requirements in this section and Sec.
173.304. In addition, the general requirements applicable to UN
pressure receptacles in Sec. Sec. 173.301 and 173.301b must be met.
(b) UN pressure receptacle filling limits. A UN pressure receptacle
is authorized for the transportation of liquefied compressed gases and
gas mixtures as specified in this section. When a liquefied compressed
gas or gas mixture is transported in a UN pressure receptacle, the
filling ratio may not exceed the maximum filling ratio (FR) prescribed
in this section and the applicable ISO standard. Compliance with the
filling limits may be determined by referencing the numerical values
and data in Table 2 of P200 of the UN Recommendations (IBR, see Sec.
171.7 of this subchapter). Alternatively, the maximum allowable filling
limits may be determined as follows:
(1) For high pressure liquefied gases, in no case may the filling
ratio of the settled pressure at 65 [deg]C (149 [deg]F) exceed the test
pressure of the UN pressure receptacle.
(2) For low pressure liquefied gases, the filling factor (maximum
mass of contents per liter of water capacity) must be less than or
equal to 95 percent of the liquid phase at 50 [deg]C. In addition, the
UN pressure receptacle may not be liquid full at 60 [deg]C. The test
pressure of the pressure receptacle must be equal to or greater than
the vapor pressure of the liquid at 65 [deg]C.
(3) For high pressure liquefied gases or gas mixtures, the maximum
filling ratio may be determined using the formulas in (3)(b) of P200 of
the UN Recommendations.
(4) For low pressure liquefied gases or gas mixtures, the maximum
filling ratio may be determined using the formulas in (3)(c) of P200 of
the UN Recommendations.
(c) Special filling limits. Notwithstanding the numerical values
shown in Table 2 of P200, the maximum allowable filling limits
authorized for the following gases in UN pressure receptacles must be
in accordance with the following table:
------------------------------------------------------------------------
Identification P-200 filling HMR filling
No. Proper shipping name limit limit
------------------------------------------------------------------------
UN1020.......... Chloropentafluoroethan 1.08 1.05
e or Refrigerant gas
R 115.
UN1048.......... Hydrogen bromide...... 1.54 1.51
UN1973.......... Chlorodifluoromethane 1.05 1.01
and
chloropentafluoroetha
ne mixture or
Refrigerant gas R 502.
UN1976.......... Octafluorocyclobutane, 1.34 1.32
or Refrigerant gas RC
318.
UN1982.......... Tetrafluoromethane or 0.94 0.90
Refrigerant gas R 14.
UN2035.......... 1,1,1-Trifluoroethane, 0.75 0.73
or Refrigerant gas R
143a.
UN2192.......... Germane............... 1.02 1.00
UN2198.......... Phosphorous 1.34 1.25
Pentafluoride.
UN2424.......... Octafluoropropane or 1.09 1.04
Refrigerant gas R 218.
UN2599.......... Chlorotrifluoromethane 0.20, 0.66 0.17, 0.64
and trifuoromethane
azeotropic mixture or
Refrigerant gas R 503.
------------------------------------------------------------------------
(d) Tetraflouroethylene, stabilized, UN1081 must be packaged in a
pressure receptacle with a minimum test pressure of 200 bar and a
working pressure not exceeding 5 bar.
(e) Fertilizer ammoniating solution with free ammonia, UN1043 is
not authorized in UN tubes or MEGCs.
0
32. Section 173.312 is added to read as follows:
Sec. 173.312 Requirements for shipment of MEGCs.
(a) General requirements. (1) Unless otherwise specified, a MEGC is
authorized for the shipment of liquefied and non-liquefied compressed
gases. Each pressure receptacle contained in a MEGC must meet the
requirements in Sec. Sec. 173.301, 173.301b, 173.302b and 173.304b, as
applicable.
(2) The MEGC must conform to the design, construction, inspection
and testing requirements prescribed in Sec. 178.75 of this subchapter.
(3) No person may offer or accept a hazardous material for
transportation in a MEGC that is damaged to such an extent that the
integrity of the pressure receptacles or the MEGC's structural or
service equipment may be affected.
(4) No person may fill or offer for transportation a pressure
receptacle in a MEGC if the pressure receptacle or the MEGC is due for
periodic requalification, as prescribed in subpart C to part 180 of
this subchapter. However, this restriction does not preclude
transportation of pressure receptacles filled and offered for
transportation prior to the requalification due date.
(5) Prior to filling and offering a MEGC for transportation, the
MEGC's structural and service equipment must be visually inspected. Any
unsafe condition must be corrected before the MEGC is offered for
transportation. All required markings must be legible.
(6) Except for Division 2.2 permanent gases, each pressure
receptacle must be equipped with an individual shutoff valve that must
be tightly closed while in transit. For Division 2.1, Division 2.2
liquefied gases and 2.3 gases, the manifold must be designed so that
each pressure receptacle can be filled separately and be kept isolated
by a valve capable of being closed during transit. For Division 2.1
gases, the pressure receptacles must be isolated by a valve into
assemblies of not more than 3,000 L.
(b) Filling. (1) A MEGC may not be filled to a pressure greater
than the lowest marked working pressure of any pressure receptacle. A
MEGC may not be filled above its marked maximum permissible gross mass.
(2) After each filling, the shipper must verify the leakproofness
of the closures and equipment. Each fill opening must be closed by a
cap or plug.
(c) Damage protection. During transportation, a MEGC must be
protected against damage to the pressure receptacles and service
equipment resulting from lateral and longitudinal impact and
overturning as prescribed in Sec. 178.75 of this subchapter.
0
33. In Sec. 173.323, the first sentence in paragraph (b)(2) is revised
to read as follows:
Sec. 173.323 Ethylene oxide.
* * * * *
(b) * * *
(2) In specification cylinders or UN pressure receptacles, as
authorized for any compressed gas except acetylene.* * *
* * * * *
0
34. In Sec. 173.334, the introductory text to paragraph (a) is revised
to read as follows:
Sec. 173.334 Organic phosphates mixed with compressed gas.
* * * * *
(a) Hexaethyl tetraphosphate, parathion, tetraethyl dithio
pyrophosphate, tetraethyl pyrophosphate, or other Division 6.1 organic
phosphates (including a
[[Page 33885]]
compound or mixture), may be mixed with a non-flammable compressed gas.
This mixture may not contain more than 20 percent by weight of an
organic phosphate and must be packaged in DOT 3A240, 3AA240, 3B240,
4A240, 4B240, 4BA240, 4BW240 or UN cylinders meeting all of the
following requirements:
* * * * *
0
35. Section 173.336 is revised to read as follows:
Sec. 173.336 Nitrogen dioxide, liquefied, or dinitrogen tetroxide,
liquefied.
(a) Nitrogen dioxide, liquefied, or dinitrogen tetroxide,
liquefied, must be packaged in specification or UN cylinders as
prescribed in Sec. 173.192, except valves are not authorized. UN tubes
and MEGCs are not authorized for use. Cylinders must be equipped with a
stainless steel valve and valve seat that will not deteriorate in
contact with nitrogen dioxide. Each valve opening must be closed by a
solid metal plug with tapered thread properly luted to prevent leakage.
Transportation in DOT 3AL cylinders is authorized only by highway and
rail.
(b) Each UN pressure receptacle must be cleaned in accordance with
the requirements of ISO 11621 (IBR, see Sec. 171.7 of this
subchapter). Each DOT specification cylinder must be cleaned according
to the requirements of GSA Federal Specification RR-C-901D, paragraphs
3.3.1 and 3.3.2 (IBR, see Sec. 171.7 of this subchapter). Cleaning
agents equivalent to those specified in RR-C-901D may be used; however,
any cleaning agent must not be capable of reacting with oxygen. One
cylinder selected at random from a group of 200 or fewer and cleaned at
the same time must be tested for oil contamination in accordance with
Specification RR-C-901D, paragraph 4.3.2 (IBR, see Sec. 171.7 of this
subchapter) and meet the standard of cleanliness specified therein.
0
36. Section 173.337 is revised to read as follows:
Sec. 173.337 Nitric oxide.
(a) Nitric oxide must be packaged in cylinders conforming to the
requirements of Sec. 173.40 and as follows:
(1) DOT specification cylinder. In a DOT 3A1800, 3AA1800, 3E1800,
or 3AL1800 cylinder. A DOT specification cylinder must be charged to a
pressure of not more than 5,170 kPa (750 psi) at 21 [deg]C (70 [deg]F).
Transportation of nitric oxide in a DOT 3AL is cylinder is authorized
only by highway and rail.
(2) UN cylinder. In a UN cylinder with a minimum test pressure of
200 bar. The maximum working pressure of the cylinder must not exceed
50 bar. The pressure in the cylinder at 65 [deg]C (149 [deg]F) may not
exceed the test pressure. The use of UN tubes and MEGCs is not
authorized.
(3) Valves. Cylinders must be equipped with a stainless steel valve
and valve seat that will not deteriorate in contact with nitric oxide.
Cylinders or valves may not be equipped with pressure relief devices of
any type.
(b) Each UN cylinder must be cleaned in accordance with the
requirements of ISO 11621 (IBR, see Sec. 171.7 of this subchapter).
Each DOT specification cylinder must be cleaned in compliance with the
requirements of GSA Federal Specification RR-C-901D, paragraphs 3.3.1
and 3.3.2 (IBR, see Sec. 171.7 of this subchapter). Cleaning agents
equivalent to those specified in Federal Specification RR-C-901D may be
used; however, any cleaning agent must not be capable of reacting with
oxygen. One cylinder selected at random from a group of 200 or fewer
and cleaned at the same time must be tested for oil contamination in
accordance with Federal Specification RR-C-901D paragraph 4.3.2 and
meet the standard of cleanliness specified therein.
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
37. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
38. Section 178.69 is added to read as follows:
Sec. 178.69 Responsibilities and requirements for manufacturers of UN
pressure receptacles.
(a) Each manufacturer of a UN pressure receptacle marked with
``USA'' as a country of approval must comply with the requirements in
this section. The manufacturer must maintain a quality system, obtain
an approval for each initial pressure receptacle design type, and
ensure that all production of UN pressure receptacles meets the
applicable requirements.
(1) Quality system. The manufacturer of a UN pressure receptacle
must have its quality system approved by the Associate Administrator.
The quality system will initially be assessed through an audit by the
Associate Administrator or his or her representative to determine
whether it meets the requirements of this section. The Associate
Administrator will notify the manufacturer in writing of the results of
the audit. The notification will contain the conclusions of the audit
and any corrective action required. The Associate Administrator may
perform periodic audits to ensure that the manufacturer operates in
accordance with the quality system. Reports of periodic audits will be
provided to the manufacturer. The manufacturer must bear the cost of
audits.
(2) Quality system documentation. The manufacturer must be able to
demonstrate a documented quality system. Management must review the
adequacy of the quality system to assure that it is effective and
conforms to the requirements in Sec. 178.70. The quality system
records must be in English and must include detailed descriptions of
the following:
(i) The organizational structure and responsibilities of personnel
with regard to design and product quality;
(ii) The design control and design verification techniques,
processes, and procedures used when designing the pressure receptacles;
(iii) The relevant procedures for pressure receptacle
manufacturing, quality control, quality assurance, and process
operation instructions;
(iv) Inspection and testing methodologies, measuring and testing
equipment, and calibration data;
(v) The process for meeting customer requirements;
(vi) The process for document control and document revision;
(vii) The system for controlling non-conforming material and
records, including procedures for identification, segregation, and
disposition;
(viii) Production, processing and fabrication, including purchased
components, in-process and final materials; and
(ix) Training programs for relevant personnel.
(3) Maintenance of quality system. The manufacturer must maintain
the quality system as approved by the Associate Administrator. The
manufacturer shall notify the Associate Administrator of any intended
changes to the approved quality system prior to making the change. The
Associate Administrator will evaluate the proposed change to determine
whether the amended quality system will satisfy the requirements. The
Associate Administrator will notify the manufacturer of the findings.
(b) Design type approvals. The manufacturer must have each pressure
receptacle design type reviewed by an IIA and approved by the Associate
Administrator in accordance with Sec. 178.70. A cylinder is considered
to be of a new design, compared with an existing approved design, as
stated in the applicable ISO design, construction and testing standard.
[[Page 33886]]
(c) Production inspection and certification. The manufacturer must
ensure that each UN pressure receptacle is inspected and certified in
accordance with Sec. 178.71.
0
39. Section 178.70 is added to read as follows:
Sec. 178.70 Approval of UN pressure receptacles.
(a) Initial design-type approval. The manufacturer of a UN pressure
receptacle must obtain an initial design type approval from the
Associate Administrator. The initial design type approval must be of
the pressure receptacle design as it is intended to be produced. The
manufacturer must arrange for an IIA, approved by the Associate
Administrator in accordance with subpart I of part 107 of this chapter,
to perform a pre-audit of its pressure receptacle manufacturing
operation prior to having an audit conducted by the Associate
Administrator or his designee.
(b) IIA pre-audit. The manufacturer must submit an application for
initial design type approval to the IIA for review. The IIA will
examine the manufacturer's application for initial design type approval
for completeness. An incomplete application will be returned to the
manufacturer with an explanation. If an application is complete, the
IIA will review all technical documentation, including drawings and
calculations, to verify that the design meets all requirements of the
applicable UN pressure receptacle standard and specification
requirements. If the technical documentation shows that the pressure
receptacle prototype design conforms to the applicable standards and
requirements in Sec. 178.70, the manufacturer will fabricate a
prototype lot of pressure receptacles in conformance with the technical
documentation representative of the design. The IIA will verify that
the prototype lot conforms to the applicable requirements by selecting
pressure receptacles and witnessing their testing. After prototype
testing has been satisfactorily completed, showing the pressure
receptacles fully conform to all applicable specification requirements,
the certifying IIA must prepare a letter of recommendation and a design
type approval certificate. The design type approval certificate must
contain the name and address of the manufacturer and the IIA certifying
the design type, the test results, chemical analyses, lot
identification, and all other supporting data specified in the
applicable ISO design, construction and testing standard. The IIA must
provide the certificate and documentation to the manufacturer.
(c) Application for initial design type approval. If the pre-audit
is found satisfactory by the IIA, the manufacturer will submit the
letter of recommendation from the IIA and an application for design
type approval to the Associate Administrator. An application for
initial design type approval must be submitted for each manufacturing
facility. The application must be in English and, at a minimum, contain
the following information:
(1) The name and address of the manufacturing facility. If the
application is submitted by an authorized representative on behalf of
the manufacturer, the application must include the representative's
name and address.
(2) The name and title of the individual responsible for the
manufacturer's quality system, as required by Sec. 178.69.
(3) The designation of the pressure receptacle and the relevant
pressure receptacle standard.
(4) Details of any refusal of approval of a similar application by
a designated approval agency of another country.
(5) The name and address of the production IIA that will perform
the functions prescribed in paragraph (e) of this section. The IIA must
be approved in writing by the Associate Administrator in accordance
with subpart I of part 107 of this chapter.
(6) Documentation on the manufacturing facility as specified in
Sec. 178.69.
(7) Design specifications and manufacturing drawings, showing
components and subassemblies if relevant, design calculations, and
material specifications necessary to verify compliance with the
applicable pressure receptacle design standard.
(8) Manufacturing procedures and any applicable standards that
describe in detail the manufacturing processes and control.
(9) Design type approval test reports detailing the results of
examinations and tests conducted in accordance with the relevant
pressure receptacle standard, to include any additional data, such as
suitability for underwater applications or compatibility with hydrogen
embrittlement gases.
(d) Modification of approved pressure receptacle design type.
Modification of an approved UN pressure receptacle design type is not
authorized without the approval of the Associate Administrator. A
manufacturer seeking modification of an approved UN pressure receptacle
design type may be required to submit design qualification test data to
the Associate Administrator before production. An audit may be required
as part of the process to modify an approval.
(e) Responsibilities of the production IIA. The production IIA is
responsible for ensuring that each pressure receptacle conforms to the
design type approval. The production IIA must perform the following
functions:
(1) Witness all inspections and tests specified in the UN pressure
receptacle standard to ensure compliance with the standard and that the
procedures adopted by the manufacturer meet the requirements of the
standard;
(2) Verify that the production inspections were performed in
accordance with this section;
(3) Select UN pressure receptacles from a prototype production lot
and witness testing as required for the design type approval;
(4) Ensure that the various type approval examinations and tests
are performed accurately;
(5) Verify that each pressure receptacle is marked in accordance
with the applicable requirements in Sec. 178.72; and
(6) Furnish complete test reports to the manufacturer and upon
request to the purchaser. The test reports and certificate of
compliance must be retained by the IIA for at least 20 years from the
original test date of the pressure receptacles.
(f) Production inspection audit and certification. (1) If the
application, design drawing and quality control documents are found
satisfactory, PHMSA will schedule an on-site audit of the pressure
receptacle manufacturer's quality system, manufacturing processes,
inspections, and test procedures.
(2) During the audit, the manufacturer will be required to produce
pressure receptacles to the technical standards for which approval is
sought.
(3) The production IIA must witness the required inspections and
verifications on the pressure receptacles during the production run.
The IIA selected by the manufacturer for production inspection and
testing may be different from the IIA who performed the design type
approval verifications.
(4) If the procedures and controls are deemed acceptable, test
sample pressure receptacles will be selected at random from the
production lot and sent to a laboratory designated by the Associate
Administrator for verification testing.
(5) If the pressure receptacle test samples are found to conform to
all the applicable requirements, the Associate Administrator will issue
approvals to the manufacturer and the production
[[Page 33887]]
IIA to authorize the manufacture of the pressure receptacles. The
approved design type approval certificate will be returned to the
manufacturer.
(6) Upon the receipt of the approved design type approval
certificate from the Associate Administrator, the pressure receptacle
manufacturer must sign the certificate.
(g) Recordkeeping. The production IIA and the manufacturer must
retain a copy of the design type approval certificate and certificate
of compliance records for at least 20 years.
(h) Denial of design type application. If the design type
application is denied, the Associate Administrator will notify the
applicant in writing and provide the reason for the denial. The
manufacturer may request that the Associate Administrator reconsider
the decision. The application request must--
(1) Be written in English and filed within 60 days of receipt of
the decision;
(2) State in detail any alleged errors of fact and law; and
(3) Enclose any additional information needed to support the
request to reconsider.
(i) Appeal. (1) A manufacturer whose reconsideration request is
denied may appeal to the PHMSA Administrator. The appeal must--
(i) Be written in English and filed within 60 days of receipt of
the Associate Administrator's decision on reconsideration;
(ii) State in detail any alleged errors of fact and law;
(iii) Enclose any additional information needed to support the
appeal; and
(iv) State in detail the modification of the final decision sought.
(2) The PHMSA Administrator will grant or deny the relief and
inform the appellant in writing of the decision. PHMSA Administrator's
decision is the final administrative action.
(j) Termination of a design type approval certificate. (1) The
Associate Administrator may terminate an approval certificate issue
under this section if it is determined that, because of a change in
circumstances, the approval no longer is needed or no longer would be
granted if applied for; information upon which the approval was based
is fraudulent or substantially erroneous; or termination of the
approval is necessary to adequately protect against risks to life and
property.
(2) Before an approval is terminated, the Associate Administrator
will provide the manufacturer and the approval agency--
(i) Written notice of the facts or conduct believed to warrant the
withdrawal;
(ii) Opportunity to submit oral and written evidence, and
(iii) Opportunity to demonstrate or achieve compliance with the
application requirement.
(3) If the Associate Administrator determines that a certificate of
approval must be withdrawn to preclude a significant and imminent
adverse affect on public safety, the procedures in paragraph (j)(2)(ii)
and (iii) of this section need not be provided prior to withdrawal of
the approval, but shall be provided as soon as practicable thereafter.
0
40. Section 178.71 is added to read as follows:
Sec. 178.71. Specifications for UN pressure receptacles.
(a) General. Each UN pressure receptacle must meet the requirements
of this section. Requirements for approval, qualification, maintenance,
and testing are contained in Sec. 178.70, and subpart C of part 180 of
this subchapter.
(b) Definitions. The following definitions apply for the purposes
of design and construction of UN pressure receptacles under this
subpart:
Alternative arrangement means an approval granted by the Associate
Administrator for a MEGC that has been designed, constructed or tested
to the technical requirements or testing methods other than those
specified for UN pressure receptacles in part 178 or part 180 of this
subchapter.
Bundle of cylinders. See Sec. 171.8 of this subchapter.
Design type means a pressure receptacle design as specified by a
particular pressure receptacle standard.
Design type approval means an overall approval of the
manufacturer's quality system and design type of each pressure
receptacle to be produced within the manufacturer's facility.
UN tube. See Sec. 171.8 of this subchapter.
(c) General design and construction. UN pressure receptacles and
their closures must be designed, manufactured, tested and equipped in
accordance with the requirements contained in this section.
(1) Following the final heat treatment, all cylinders, except those
selected for batch testing must be subjected to a hydraulic volumetric
expansion test.
(2) The standard requirements applicable to UN pressure receptacles
may be varied only if approved in writing by the Associate
Administrator.
(3) The test pressure of UN cylinders, tubes, and bundles of
cylinders must conform to the requirements in part 178 of this
subchapter.
(d) Service equipment. (1) Except for pressure relief devices, UN
pressure receptacle equipment, including valves, piping, fittings, and
other equipment subjected to pressure must be designed and constructed
to withstand at least 1.5 times the test pressure of the pressure
receptacle.
(2) Service equipment must be configured or designed to prevent
damage that could result in the release of the pressure receptacle
contents during normal conditions of handling and transport. Manifold
piping leading to shut-off valves must be sufficiently flexible to
protect the valves and the piping from shearing or releasing the
pressure receptacle contents. The filling and discharge valves and any
protective caps must be secured against unintended opening. The valves
must conform to ISO 10297 (IBR, see Sec. 171.7 of this subchapter) and
be protected as specified in Sec. 173.301b(f) of this subchapter.
(3) UN pressure receptacles that cannot be handled manually or
rolled, must be equipped with devices (e.g. skids, rings, straps)
ensuring that they can be safely handled by mechanical means and so
arranged as not to impair the strength of, nor cause undue stresses, in
the pressure receptacle.
(4) Pressure receptacles filled by volume must be equipped with a
level indicator.
(e) Bundles of cylinders. UN pressure receptacles assembled in
bundles must be structurally supported and held together as a unit and
secured in a manner that prevents movement in relation to the
structural assembly and movement that would result in the concentration
of harmful local stresses. The frame design must ensure stability under
normal operating conditions.
(1) The frame must securely retain all the components of the bundle
and must protect them from damage during conditions normally incident
to transportation. The method of cylinder restraint must prevent any
vertical or horizontal movement or rotation of the cylinder that could
cause undue strain on the manifold. The total assembly must be able to
withstand rough handling, including being dropped or overturned.
(2) The frame must include features designed for the handling and
transportation of the bundle. The lifting rings must be designed to
withstand a design load of 2 times the maximum gross weight. Bundles
with more than one lifting ring must be designed such that a minimum
sling angle of 45 degrees to the horizontal can be
[[Page 33888]]
achieved during lifting using the lifting rings. If four lifting rings
are used, their design must be strong enough to allow the bundle to be
lifted by two rings. Where two or four lifting rings are used,
diametrically opposite lifting rings must be aligned with each other to
allow for correct lifting using shackle pins. If the bundle is filled
with forklift pockets, it must contain two forklift pockets on each
side from which it is to be lifted. The forklift pockets must be
positioned symmetrically consistent with the bundle center of gravity.
(3) The frame structural members must be designed for a vertical
load of 2 times the maximum gross weight of the bundle. Design stress
levels may not exceed 0.9 times the yield strength of the material.
(4) The frame may not contain any protrusions from the exterior
frame structure that could cause a hazardous condition.
(5) The frame design must prevent collection of water or other
debris that would increase the tare weight of bundles filled by weight.
(6) The floor of the bundle frame must not buckle during normal
operating conditions and must allow for the drainage of water and
debris from around the base of the cylinders.
(7) If the frame design includes movable doors or covers, they must
be capable of being secured with latches or other means that will not
become dislodged by operational impact loads. Valves that need to be
operated in normal service or in an emergency must be accessible.
(g) Design and construction requirements for UN refillable seamless
steel cylinders. In addition to the general requirements of this
section, UN refillable seamless steel cylinders must conform to the
following ISO standards, as applicable:
(1) ISO 9809-1: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1 100 MPa.
(IBR, see Sec. 171.7 of this subchapter).
(2) ISO 9809-2: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1 100 MPa. (IBR, see Sec. 171.7 of this subchapter).
(3) ISO 9809-3: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders. (IBR, see Sec. 171.7 of this subchapter).
(h) Design and construction requirements for UN refillable seamless
aluminum alloy cylinders. In addition to the general requirements of
this section, UN refillable seamless aluminum cylinders must conform to
ISO 7866: Gas cylinders--Refillable seamless aluminum alloy gas
cylinders--Design, construction and testing. (IBR, see Sec. 171.7 of
this subchapter). The use of Aluminum alloy 6351-T6 or equivalent is
prohibited.
(i) Design and construction requirements for UN non-refillable
metal cylinders. In addition to the general requirements of this
section, UN non-refillable metal cylinders must conform to ISO 11118:
Gas cylinders--Non-refillable metallic gas cylinders--Specification and
test methods. (IBR, see Sec. 171.7 of this subchapter.)
(j) Design and construction requirements for UN refillable seamless
steel tubes. In addition to the general requirements of this section,
UN refillable seamless steel tubes must conform to ISO 11120: Gas
cylinders--Refillable seamless steel tubes of water capacity between
150 L and 3000 L--Design, construction and testing. (IBR, see Sec.
171.7 of this subchapter).
(k) Design and construction requirements for UN acetylene
cylinders. In addition to the general requirements of this section, UN
acetylene cylinders must conform to the following ISO standards, as
applicable:
(1) For the cylinder shell:
(i) ISO 9809-1: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1 100 MPa.
(ii) ISO 9809-3: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders.
(2) The porous mass in an acetylene cylinder must conform to ISO
3807-2: Cylinders for acetylene--Basic requirements--Part 2: Cylinders
with fusible plugs. (IBR, see Sec. 171.7 of this subchapter).
(l) Design and construction requirements for UN composite
cylinders. (1) In addition to the general requirements of this section,
UN composite cylinders must be designed for unlimited service life and
conform to the following ISO standards, as applicable:
(i) ISO 11119-1: Gas cylinders of composite construction--
Specification and test methods--Part 1: Hoop-wrapped composite gas
cylinders. (IBR, see Sec. 171.7 of this subchapter).
(ii) ISO 11119-2: Gas cylinders of composite construction--
Specification and test methods--Part 2: Fully-wrapped fibre reinforced
composite gas cylinders with load-sharing metal liners. (IBR, see Sec.
171.7 of this subchapter).
(iii) ISO 11119-3: Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced
composite gas cylinders with non-load sharing metallic or non-metallic
liners. (IBR, see Sec. 171.7 of this subchapter).
(2) ISO 11119-2 and ISO 11119-3 gas cylinders of composite
construction manufactured in accordance with the requirements for
underwater breathing applications must bear the ``UW'' mark.
(m) Material compatibility. In addition to the material
requirements specified in the UN pressure receptacle design and
construction ISO standards, and any restrictions specified in part 173
for the gases to be transported, the requirements of the following
standards must be applied with respect to material compatibility:
(1) ISO 11114-1: Transportable gas cylinders--Compatibility of
cylinder and valve materials with gas contents--Part 1: Metallic
materials. (IBR, see Sec. 171.7 of this subchapter).
(2) ISO 11114-2: Transportable gas cylinders--Compatibility of
cylinder and valve materials with gas contents--Part 2: Non-metallic
materials. (IBR, see Sec. 171.7 of this subchapter).
(n) Protection of closures. Closures and their protection must
conform to the requirements in Sec. 173.301(f) of this subchapter.
(o) Marking of UN refillable pressure receptacles. UN refillable
pressure receptacles must be marked clearly and legibly. The required
markings must be permanently affixed by stamping, engraving, or other
equivalent method, on the shoulder, top end or neck of the pressure
receptacle or on a permanently affixed component of the pressure
receptacle, such as a welded collar. Except for the ``UN'' mark, the
minimum size of the marks must be 5 mm for pressure receptacles with a
diameter greater than or equal to 140 mm and 2.5 mm for pressure
receptacles with a diameter less than 140 mm. The minimum size of the
``UN'' mark must be 5 mm for pressure receptacles with a diameter less
than 140 mm and 10 mm for pressure receptacles with a diameter of
greater than or equal to 140 mm. The depth of the markings must not
create harmful stress concentrations. A refillable pressure receptacle
conforming to the UN standard must be marked as follows:
(1) The UN packaging symbol.
[[Page 33889]]
[GRAPHIC] [TIFF OMITTED] TR12JN06.000
(2) The ISO standard, for example ISO 9809-1, used for design,
construction and testing. Acetylene cylinders must be marked to
indicate the porous mass and the steel shell, for example: ``ISO 3807-
2/ISO 9809-1.''
(3) The mark of the country where the approval is granted. The
letters ``USA'' must be marked on UN pressure receptacles approved by
the United States. The manufacturer must obtain an approval number from
the Associate Administrator. The manufacturer approval number must
follow the country of approval mark, separated by a slash (for example,
USA/MXXXX). Pressure receptacles approved by more than one national
authority may contain the mark of each country of approval, separated
by a comma.
(4) The identity mark or stamp of the IIA.
(5) The date of the initial inspection, the year (four digits)
followed by the month (two digits) separated by a slash, for example
``2006/04''.
(6) The test pressure in bar, preceded by the letters ``PH'' and
followed by the letters ``BAR''. The test pressure must be obtained
from the results of a hydraulic volumetric expansion test.
(7) The empty or tare weight. Except for acetylene cylinders, empty
weight is the mass of the pressure receptacle in kilograms, including
all integral parts (e.g., collar, neck ring, foot ring, etc.), followed
by the letters ``KG''. The empty weight does not include the mass of
the valve, valve cap or valve guard or any coating. The empty weight
must be expressed to three significant figures rounded up to the last
digit. For cylinders of less than 1 kg, the empty weight must be
expressed to two significant figures rounded down to the last digit.
For acetylene cylinders, the tare weight must be marked on the
cylinders in kilograms (KG). The tare weight is the sum of the empty
weight, mass of the valve, any coating and all permanently attached
parts (e.g. fittings and accessories) that are not removed during
filling. The tare weight must be expressed to two significant figures
rounded down to the last digit. The tare weight does not include the
cylinder cap or any outlet cap or plug not permanently attached to the
cylinder.
(8) The minimum wall thickness of the pressure receptacle in
millimeters followed by the letters ``MM''. This mark is not required
for pressure receptacles with a water capacity less than or equal to
1.0 L or for composite cylinders.
(9) For pressure receptacles intended for the transport of
compressed gases and UN 1001 acetylene, dissolved, the working pressure
in bar, proceeded by the letters ``PW''.
(10) For liquefied gases, the water capacity in liters expressed to
three significant digits rounded down to the last digit, followed by
the letter ``L''. If the value of the minimum or nominal water capacity
is an integer, the digits after the decimal point may be omitted.
(11) Identification of the cylinder thread type (e.g., 25E).
(12) The country of manufacture. The letters ``USA'' must be marked
on cylinders manufactured in the United States.
(13) The serial number assigned by the manufacturer.
(14) For steel pressure receptacles, the letter ``H'' showing
compatibility of the steel, as specified in 1SO 11114-1.
(15) Identification of aluminum alloy, if applicable.
(16) Stamp for nondestructive testing, if applicable.
(17) Stamp for underwater use of composite cylinders, if
applicable.
(p) Marking sequence. The marking required by paragraph (o) of this
section must be placed in three groups as shown in the example below:
(1) The top grouping contains manufacturing marks and must appear
consecutively in the sequence given in paragraphs (o)(11) through (16)
of this section.
(2) The middle grouping contains operational marks described in
paragraphs (o)(11) through (15) of this section.
(3) The bottom grouping contains certification marks and must
appear consecutively in the sequence given in paragraph (o)(1) through
(5) of this section.
[[Page 33890]]
[GRAPHIC] [TIFF OMITTED] TR12JN06.001
(q) Other markings. Other markings are allowed in areas other than
the side wall, provided they are made in low stress areas and are not
of a size and depth that will create harmful stress concentrations.
Such marks must not conflict with required marks.
(r) Marking of UN non-refillable pressure receptacles. Unless
otherwise specified in this paragraph, each UN non-refillable pressure
receptacle must be clearly and legibly marked as prescribed in
paragraph (o) of this section. In addition, permanent stenciling is
authorized. Except when stenciled, the marks must be on the shoulder,
top end or neck of the pressure receptacle or on a permanently affixed
component of the pressure receptacle, for example a welded collar.
(1) The marking requirements and sequence listed in paragraphs
(o)(1) through (16) of this section are required, except the markings
in paragraphs (o)(7), (8), and (11) are not applicable. The required
serial number marking in paragraph (o)(13) may be replaced by the batch
number.
(2) Each receptacle must be marked with the words ``DO NOT REFILL''
in letters of at least 5 mm in height.
(3) A non-refillable pressure receptacle, because of its size, may
substitute the marking required by this paragraph with a label.
Reduction in marking size is authorized only as prescribed in ISO 7225,
Gas cylinders--Precautionary labels. (IBR, see Sec. 171.7 of this
subchapter).
(4) Each non-refillable pressure receptacle must also be legibly
marked by stenciling the following statement: ``Federal law forbids
transportation if refilled-penalty up to $500,000 fine and 5 years in
imprisonment (49 U.S.C. 5124).''
(5) No person may mark a non-refillable pressure receptacle as
meeting the requirements of this section unless it was manufactured in
conformance with this section.
0
41. Section 178.74 is added to read as follows:
Sec. 178.74 Approval of MEGCs.
(a) Application for design type approval. (1) Each new MEGC design
type must have a design approval certificate. An owner or manufacturer
must apply to an approval agency that is approved by the Associate
Administrator in accordance with subpart E of part 107 of this chapter
+to obtain approval of a new design. When a series of MEGCs is
manufactured without change in the design, the certificate is valid for
the entire series. The design approval certificate must refer to the
prototype test report, the materials of construction of the manifold,
the standards to which the pressure receptacles are made and an
approval number. The compliance requirements or test methods applicable
to MEGCs as specified in this subpart may be varied when the level of
safety is determined to be equivalent to or exceed the requirements of
this subchapter and is approved in writing by the Associate
Administrator. A design approval may serve for the approval of smaller
MEGCs made of materials of the same type and thickness, by the same
fabrication techniques and with identical supports, equivalent closures
and other appurtenances.
(2) Each application for design approval must be in English and
contain the following information:
(i) Two complete copies of all engineering drawings, calculations,
and test data necessary to ensure that the design meets the relevant
specification.
(ii) The manufacturer's serial number that will be assigned to each
MEGC.
(iii) A statement as to whether the design type has been examined
by any approval agency previously and judged unacceptable. Affirmative
statements must be documented with the name of the approval agency,
reason for non-acceptance, and the nature of modifications made to the
design type.
(b) Actions by the approval agency. The approval agency must review
the application for design type approval, including all drawings and
calculations, to ensure that the design of the MEGC meets all
requirements of the relevant specification and to determine whether it
is complete and conforms to the requirements of this section. An
incomplete application will be returned to the applicant with the
reasons why the application was returned. If the application is
complete and all applicable requirements of this section are met, the
approval agency must prepare a MEGC design approval certificate
containing the manufacturer's name and address, results and conclusions
of the examination and
[[Page 33891]]
necessary data for identification of the design type. If the Associate
Administrator approves the Design Type Approval Certificate
application, the approval agency and the manufacturer must each
maintain a copy of the approved drawings, calculations, and test data
for at least 20 years.
(c) Approval agency's responsibilities. The approval agency is
responsible for ensuring that the MEGC conforms to the design type
approval. The approval agency must:
(1) Witness all tests required for the approval of the MEGC
specified in this section and Sec. 178.75.
(2) Ensure, through appropriate inspection, that each MEGC is
fabricated in all respects in conformance with the approved drawings,
calculations, and test data.
(3) Determine and ensure that the MEGC is suitable for its intended
use and that it conforms to the requirements of this subchapter.
(4) Apply its name, identifying mark or identifying number, and the
date the approval was issued, to the metal identification marking plate
attached to the MEGC upon successful completion of all requirements of
this subpart. Any approvals by the Associate Administrator authorizing
design or construction alternatives (Alternate Arrangements) of the
MEGC (see paragraph (a) of this section) must be indicated on the metal
identification plate as specified in Sec. 178.75(j).
(5) Prepare an approval certificate for each MEGC or, in the case
of a series of identical MEGCs manufactured to a single design type,
for each series of MEGCs. The approval certificate must include all of
the following information:
(i) The information displayed on the metal identification plate
required by Sec. 178.75(j);
(ii) The results of the applicable framework test specified in ISO
1496-3 (IBR, see Sec. 171.7 of this subchapter);
(iii) The results of the initial inspection and test specified in
paragraph (h) of this section;
(iv) The results of the impact test specified in Sec.
178.75(i)(4);
(v) Certification documents verifying that the cylinders and tubes
conform to the applicable standards; and
(vi) A statement that the approval agency certifies the MEGC in
accordance with the procedures in this section and that the MEGC is
suitable for its intended purpose and meets the requirements of this
subchapter. When a series of MEGCs is manufactured without change in
the design type, the certificate may be valid for the entire series of
MEGCs representing a single design type. The approval number must
consist of the distinguishing sign or mark of the country (``USA'' for
the United States of America) where the approval was granted and a
registration number.
(6) Retain on file a copy of each approval certificate for at least
20 years.
(d) Manufacturers' responsibilities. The manufacturer is
responsible for compliance with the applicable specifications for the
design and construction of MEGCs. The manufacturer of a MEGC must:
(1) Comply with all the requirements of the applicable ISO standard
specified in Sec. 178.71;
(2) Obtain and use an approval agency to review the design,
construction and certification of the MEGC;
(3) Provide a statement in the manufacturers' data report
certifying that each MEGC manufactured complies with the relevant
specification and all the applicable requirements of this subchapter;
and
(4) Retain records for the MEGCs for at least 20 years. When
required by the specification, the manufacturer must provide copies of
the records to the approval agency, the owner or lessee of the MEGC,
and to a representative of DOT, upon request.
(e) Denial of application for approval. If the Associate
Administrator finds that the MEGC will not be approved for any reason,
the Associate Administrator will notify the applicant in writing and
provide the reason for the denial. The manufacturer may request that
the Associate Administrator reconsider the decision. The application
request must--
(1) Be written in English and filed within 90 days of receipt of
the decision;
(2) State in detail any alleged errors of fact and law; and
(3) Enclose any additional information needed to support the
request to reconsider.
(f) Appeal. (1) A manufacturer whose reconsideration request is
denied may appeal to the PHMSA Administrator. The appeal must--
(i) Be in writing and filed within 90 days of receipt of the
Associate Administrator s decision on reconsideration;
(ii) State in detail any alleged errors of fact and law;
(iii) Enclose any additional information needed to support the
appeal; and
(iv) State in detail the modification of the final decision sought.
(2) The Administrator will grant or deny the relief and inform the
appellant in writing of the decision. The Administrator's decision is
the final administrative action.
(g) Modifications to approved MEGCs. (1) Prior to modification of
any approved MEGC that may affect conformance and safe use, and that
may involve a change to the design type or affect its ability to retain
the hazardous material in transportation, the MEGC's owner must inform
the approval agency that prepared the initial approval certificate for
the MEGC or, if the initial approval agency is unavailable, another
approval agency, of the nature of the modification and request
certification of the modification. The owner must supply the approval
agency with all revised drawings, calculations, and test data relative
to the intended modification. The MEGC's owner must also provide a
statement as to whether the intended modification has been examined and
determined to be unacceptable by any approval agency. The written
statement must include the name of the approval agency, the reason for
non-acceptance, and the nature of changes made to the modification
since its original rejection.
(2) The approval agency must review the request for modification.
If the approval agency determines that the proposed modification does
not conform to the relevant specification, the approval agency must
reject the request in accordance with paragraph (d) of this section. If
the approval agency determines that the proposed modification conforms
fully with the relevant specification, the request is accepted. If
modification to an approved MEGC alters any information on the approval
certificate, the approval agency must prepare a new approval
certificate for the modified MEGC and submit the certificate to the
Associate Administrator for approval. After receiving approval from the
Associate Administrator, the approval agency must ensure that any
necessary changes are made to the metal identification plate. A copy of
each newly issued approval certificate must be retained by the approval
agency and the MEGC's owner for at least 20 years. The approval agency
must perform the following activities:
(i) Retain a set of the approved revised drawings, calculations,
and data as specified in Sec. 178.69(b)(4) for at least 20 years;
(ii) Ensure through appropriate inspection that all modifications
conform to the revised drawings, calculations, and test data; and
(iii) Determine the extent to which retesting of the modified MEGC
is necessary based on the nature of the proposed modification, and
ensure that all required retests are satisfactorily performed.
[[Page 33892]]
(h) Termination of Approval Certificate. (1) The Associate
Administrator may terminate an approval issued under this section if he
or she determines that--
(i) Because of a change in circumstances, the approval no longer is
needed or no longer would be granted if applied for;
(ii) Information upon which the approval was based is fraudulent or
substantially erroneous;
(iii) Termination of the approval is necessary to adequately
protect against risks to life and property; or
(iv) The MEGC does not meet the specification.
(2) Before an approval is terminated, the Associate Administrator
will provide the person--
(i) Written notice of the facts or conduct believed to warrant the
termination;
(ii) An opportunity to submit oral and written evidence; and
(3) An opportunity to demonstrate or achieve compliance with the
applicable requirements.
(i) Imminent Danger. If the Associate Administrator determines that
a certificate of approval must be terminated to preclude a significant
and imminent adverse effect on public safety, the Associate
Administrator may terminate the certificate immediately. In such
circumstances, the opportunities of paragraphs (h)(2) and (3) of this
section need not be provided prior to termination of the approval, but
must be provided as soon as practicable thereafter.
0
42. Section 178.75 is added to read as follows:
Sec. 178.75 Specifications for MEGCs.
(a) General. Each MEGC must meet the requirements of this section.
In a MEGC that meets the definition of a ``container'' within the terms
of the International Convention for Safe Containers (CSC) must meet the
requirements of the CSC as amended and 49 CFR parts 450 through 453,
and must have a CSC approval plate.
(b) Alternate Arrangements. The technical requirements applicable
to MEGCs may be varied when the level of safety is determined to be
equivalent to or exceed the requirements of this subchapter. Such an
alternate arrangement must be approved in writing by the Associate
Administrator. MEGCs approved to an Alternate Arrangement must be
marked as required by paragraph (j) of this section.
(c) Definitions. The following definitions apply:
Leakproofness test means a test using gas subjecting the pressure
receptacles and the service equipment of the MEGC to an effective
internal pressure of not less than 20% of the test pressure.
Manifold means an assembly of piping and valves connecting the
filling and/or discharge openings of the pressure receptacles.
Maximum permissible gross mass or MPGM means the heaviest load
authorized for transport (sum of the tare mass of the MEGC, service
equipment and pressure receptacle).
Service equipment means manifold system (measuring instruments,
piping and safety devices).
Shut-off valve means a valve that stops the flow of gas.
Structural equipment means the reinforcing, fastening, protective
and stabilizing members external to the pressure receptacles.
(d) General design and construction requirements. (1) The MEGC must
be capable of being loaded and discharged without the removal of its
structural equipment. It must possess stabilizing members external to
the pressure receptacles to provide structural integrity for handling
and transport. MEGCs must be designed and constructed with supports to
provide a secure base during transport and with lifting and tie-down
attachments that are adequate for lifting the MEGC including when
loaded to its maximum permissible gross mass. The MEGC must be designed
to be loaded onto a transport vehicle or vessel and equipped with
skids, mountings or accessories to facilitate mechanical handling.
(2) MEGCs must be designed, manufactured and equipped to withstand,
without loss of contents, all normal handling and transportation
conditions. The design must take into account the effects of dynamic
loading and fatigue.
(3) Each pressure receptacle of a MEGC must be of the same design
type, seamless steel, and constructed and tested according to one of
the following ISO standards:
(i) ISO 9809-1: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1 100 MPa.
(IBR, see Sec. 171.7 of this subchapter);
(ii) ISO 9809-2: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1 100 MPa. (IBR, see Sec. 171.7 of this subchapter);
(iii) ISO 9809-3: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders. (IBR, see Sec. 171.7 of this subchapter); or
(iv) ISO 11120: Gas cylinders--Refillable seamless steel tubes of
water capacity between 150 L and 3000 L--Design, construction and
testing. (IBR, see Sec. 171.7 of this subchapter).
(4) Pressure receptacles of MEGCs, fittings, and pipework must be
constructed of a material that is compatible with the hazardous
materials intended to be transported, as specified in this subchapter.
(5) Contact between dissimilar metals that could result in damage
by galvanic action must be prevented by appropriate means.
(6) The materials of the MEGC, including any devices, gaskets, and
accessories, must have no adverse effect on the gases intended for
transport in the MEGC.
(7) MEGCs must be designed to withstand, without loss of contents,
at least the internal pressure due to the contents, and the static,
dynamic and thermal loads during normal conditions of handling and
transport. The design must take into account the effects of fatigue,
caused by repeated application of these loads through the expected life
of the MEGC.
(8) MEGCs and their fastenings must, under the maximum permissible
load, be capable of withstanding the following separately applied
static forces (for calculation purposes, acceleration due to gravity
(g) = 9.81 m/s\2\):
(i) In the direction of travel: 2g (twice the MPGM multiplied by
the acceleration due to gravity);
(ii) Horizontally at right angles to the direction of travel: 1g
(the MPGM multiplied by the acceleration due to gravity. When the
direction of travel is not clearly determined, the forces must be equal
to twice the MPGM);
(iii) Vertically upwards: 1g (the MPGM multiplied by the
acceleration due to gravity); and
(iv) Vertically downwards: 2g (twice the MPGM (total loading
including the effect of gravity) multiplied by the acceleration due to
gravity.
(9) Under each of the forces specified in paragraph (d)(8) of this
section, the stress at the most severely stressed point of the pressure
receptacles must not exceed the values given in the applicable design
specifications (e.g., ISO 11120).
(10) Under each of the forces specified in paragraph (d)(8) of this
section, the safety factor for the framework and fastenings must be as
follows:
(i) For steels having a clearly defined yield point, a safety
factor of 1.5 in
[[Page 33893]]
relation to the guaranteed yield strength; or
(ii) For steels with no clearly defined yield point, a safety
factor of 1.5 in relation to the guaranteed 0.2 percent proof strength
and, for austenitic steels, the 1 percent proof strength.
(11) MEGCs must be capable of being electrically grounded to
prevent electrostatic discharge when intended for flammable gases.
(12) The pressure receptacles of a MEGC must be secured in a manner
to prevent movement that could result in damage to the structure and
concentration of harmful localized stresses.
(e) Service equipment. (1) Service equipment must be arranged so
that it is protected from mechanical damage by external forces during
handling and transportation. When the connections between the frame and
the pressure receptacles allow relative movement between the
subassemblies, the equipment must be fastened to allow movement to
prevent damage to any working part. The manifolds, discharge fittings
(pipe sockets, shut-off devices), and shut-off valves must be protected
from damage by external forces. Manifold piping leading to shut-off
valves must be sufficiently flexible to protect the valves and the
piping from shearing, or releasing the pressure receptacle contents.
The filling and discharge devices, including flanges or threaded plugs,
and any protective caps must be capable of being secured against
unintended opening.
(2) Each pressure receptacle intended for the transport of Division
2.3 gases must be equipped with an individual shut-off valve. The
manifold for Division 2.3 liquefied gases must be designed so that each
pressure receptacle can be filled separately and be kept isolated by a
valve capable of being closed during transit. For Division 2.1 gases,
the pressure receptacles must be isolated by an individual shut-off
valve into assemblies of not more than 3,000 L.
(3) For MEGC filling and discharge openings:
(i) Two valves in series must be placed in an accessible position
on each discharge and filling pipe. One of the valves may be a backflow
prevention valve. (ii) The filling and discharge devices may be
equipped to a manifold.
(iii) For sections of piping which can be closed at both ends and
where a liquid product can be trapped, a pressure-relief valve must be
provided to prevent excessive pressure build-up.
(iv) The main isolation valves on a MEGC must be clearly marked to
indicate their directions of closure. All shutoff valves must close by
a clockwise motion of the handwheel.
(v) Each shut-off valve or other means of closure must be designed
and constructed to withstand a pressure equal to or greater than 1.5
times the test pressure of the MEGC.
(vi) All shut-off valves with screwed spindles must close by a
clockwise motion of the handwheel. For other shut-off valves, the open
and closed positions and the direction of closure must be clearly
shown.
(vii) All shut-off valves must be designed and positioned to
prevent unintentional opening.
(viii) Ductile metals must be used in the construction of valves or
accessories.
(4) The piping must be designed, constructed and installed to avoid
damage due to expansion and contraction, mechanical shock and
vibration. Joints in tubing must be brazed or have an equally strong
metal union. The melting point of brazing materials must be no lower
than 525 [deg]C (977 [deg]F). The rated pressure of the service
equipment and of the manifold must be not less than two-thirds of the
test pressure of the pressure receptacles.
(f) Pressure relief devices. Each pressure receptacle must be
equipped with one or more pressure relief devices as specified in Sec.
173.301(f) of this subchapter. When pressure relief devices are
installed, each pressure receptacle or group of pressure receptacles of
a MEGC that can be isolated must be equipped with one or more pressure
relief devices. Pressure relief devices must be of a type that will
resist dynamic forces including liquid surge and must be designed to
prevent the entry of foreign matter, the leakage of gas and the
development of any dangerous excess pressure.
(1) The size of the pressure relief devices: CGA S-1.1, 2003
edition (IBR, see Sec. 171.7 of this subchapter) must be used to
determine the relief capacity of individual pressure receptacles.
(2) Connections to pressure-relief devices: Connections to pressure
relief devices must be of sufficient size to enable the required
discharge to pass unrestricted to the pressure relief device. A shut-
off valve installed between the pressure receptacle and the pressure
relief device is prohibited, except where duplicate devices are
provided for maintenance or other reasons, and the shut-off valves
serving the devices actually in use are locked open, or the shut-off
valves are interlocked so that at least one of the duplicate devices is
always operable and capable of meeting the requirements of paragraph
(f)(1) of this section. No obstruction is permitted in an opening
leading to or leaving from a vent or pressure-relief device that might
restrict or cut-off the flow from the pressure receptacle to that
device. The opening through all piping and fittings must have at least
the same flow area as the inlet of the pressure relief device to which
it is connected. The nominal size of the discharge piping must be at
least as large as that of the pressure relief device.
(3) Location of pressure-relief devices: For liquefied gases, each
pressure relief device must, under maximum filling conditions, be in
communication with the vapor space of the pressure receptacles. The
devices, when installed, must be arranged to ensure the escaping vapor
is discharged upwards and unrestrictedly to prevent impingement of
escaping gas or liquid upon the MEGC, its pressure receptacles or
personnel. For flammable, pyrophoric and oxidizing gases, the escaping
gas must be directed away from the pressure receptacle in such a manner
that it cannot impinge upon the other pressure receptacles. Heat
resistant protective devices that deflect the flow of gas are
permissible provided the required pressure relief device capacity is
not reduced. Arrangements must be made to prevent access to the
pressure relief devices by unauthorized persons and to protect the
devices from damage caused by rollover.
(g) Gauging devices. When a MEGC is intended to be filled by mass,
it must be equipped with one or more gauging devices. Glass level-
gauges and gauges made of other fragile material are prohibited.
(h) MEGC supports, frameworks, lifting and tie-down attachments.
(1) MEGCs must be designed and constructed with a support structure to
provide a secure base during transport. MEGCs must be protected against
damage to the pressure receptacles and service equipment resulting from
lateral and longitudinal impact and overturning. The forces specified
in paragraph (d)(8) of this section, and the safety factor specified in
paragraph (d)(10) of this section must be considered in this aspect of
the design. Skids, frameworks, cradles or other similar structures are
acceptable. If the pressure receptacles and service equipment are so
constructed as to withstand impact and overturning, additional
protective support structure is not required (see paragraph (h)(4) of
this section).
(2) The combined stresses caused by pressure receptacle mountings
(e.g. cradles, frameworks, etc.) and MEGC lifting and tie-down
attachments must
[[Page 33894]]
not cause excessive stress in any pressure receptacle. Permanent
lifting and tie-down attachments must be equipped to all MEGCs. Any
welding of mountings or attachments onto the pressure receptacles is
prohibited.
(3) The effects of environmental corrosion must be taken into
account in the design of supports and frameworks.
(4) When MEGCs are not protected during transport as specified in
paragraph (h)(1) of this section, the pressure receptacles and service
equipment must be protected against damage resulting from lateral or
longitudinal impact or overturning. External fittings must be protected
against release of the pressure receptacles' contents upon impact or
overturning of the MEGC on its fittings. Particular attention must be
paid to the protection of the manifold. Examples of protection include:
(i) Protection against lateral impact, which may consist of
longitudinal bars;
(ii) Protection against overturning, which may consist of
reinforcement rings or bars fixed across the frame;
(iii) Protection against rear impact, which may consist of a bumper
or frame;
(iv) Protection of the pressure receptacles and service equipment
against damage from impact or overturning by use of an ISO frame
according to the relevant provisions of ISO 1496-3. (IBR, see Sec.
171.7 of this subchapter).
(i) Initial inspection and test. The pressure receptacles and items
of equipment of each MEGC must be inspected and tested before being put
into service for the first time (initial inspection and test). This
initial inspection and test of an MEGC must include the following:
(1) A check of the design characteristics.
(2) An external examination of the MEGC and its fittings, taking
into account the hazardous materials to be transported.
(3) A pressure test performed at the test pressures specified in
Sec. 173.304b(b)(1) and (2) of this subchapter. The pressure test of
the manifold may be performed as a hydraulic test or by using another
liquid or gas. A leakproofness test and a test of the satisfactory
operation of all service equipment must also be performed before the
MEGC is placed into service. When the pressure receptacles and their
fittings have been pressure-tested separately, they must be subjected
to a leakproof test after assembly.
(4) An MEGC that meets the definition of ``container'' in the CSC
(see 49 CFR 450.3(a)(2)) must be subjected to an impact test using a
prototype representing each design type. The prototype MEGC must be
shown to be capable of absorbing the forces resulting from an impact
not less than 4 times (4 g) the MPGM of the fully loaded MEGC, at a
duration typical of the mechanical shocks experienced in rail
transport. A listing of acceptable methods for performing the impact
test is provided in the UN Recommendations (IBR, see Sec. 171.7 of
this subchapter).
(j) Marking. (1) Each MEGC must be equipped with a corrosion
resistant metal plate permanently attached to the MEGC in a conspicuous
place readily accessible for inspection. The pressure receptacles must
be marked according to this section. Affixing the metal plate to a
pressure receptacle is prohibited. At a minimum, the following
information must be marked on the plate by stamping or by any other
equivalent method:
Country of manufacture
UN
[GRAPHIC] [TIFF OMITTED] TR12JN06.002
Approval Country
Approval Number
Alternate Arrangements (see Sec. 178.75(b))
MEGC Manufacturer's name or mark
MEGC's serial number
Approval agency (Authorized body for the design approval)
Year of manufacture
Test pressure: ------ bar gauge
Design temperature range ------ [deg]C to ------ [deg]C
Number of pressure receptacles ------
Total water capacity ------ liters
Initial pressure test date and identification of the Approval Agency
Date and type of most recent periodic tests
Year ------ Month------ Type ------
(e.g. 2004-05, AE/UE, where ``AE'' represents acoustic emission and
``UE'' represents ultrasonic examination)
Stamp of the approval agency who performed or witnessed the most
recent test
(2) The following information must be marked on a metal plate
firmly secured to the MEGC:
Name of the operator
Maximum permissible load mass ------ kg
Working pressure at 15[deg]C: ------ bar gauge
Maximum permissible gross mass (MPGM) ------ kg
Unladen (tare) mass ------ kg
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
43. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
44. Section 180.201 is revised to read as follows:
Sec. 180.201 Applicability.
This subpart prescribes requirements, in addition to those
contained in parts 107, 171, 172, 173, and 178 of this chapter, for the
continuing qualification, maintenance, or periodic requalification of
DOT specification and exemption cylinders and UN pressure receptacles.
0
45. In Sec. 180.203, the introductory paragraph is revised to read as
follows:
Sec. 180.203 Definitions.
As used in this section, the word ``cylinder'' includes UN pressure
receptacles. In addition to the definitions contained in Sec. 171.8 of
this subchapter, the following definitions apply to this subpart:
* * * * *
0
46. In Sec. 180.205, the section heading is revised to read as set
forth below:
Sec. 180.205 General requirements for requalification of
specification cylinders.
* * * * *
0
47. Section 180.207 is added to read as follows:
Sec. 180.207 Requirements for requalification of UN pressure
receptacles.
(a) General. (1) Each UN pressure receptacle used for the
transportation of hazardous materials must conform to the requirements
prescribed in paragraphs (a), (b) and (d) in Sec. 180.205.
(2) No pressure receptacle due for requalification may be filled
with a hazardous material and offered for transportation in commerce
unless that pressure receptacle has been successfully requalified and
marked in accordance with this subpart. A pressure receptacle may be
requalified at any time during or before the month and year that the
requalification is due. However, a pressure receptacle filled before
the requalification becomes due
[[Page 33895]]
may remain in service until it is emptied.
(3) No person may requalify a UN composite pressure receptacle for
continued use beyond its 15-years authorized service life. A pressure
receptacle with a specified service life may not be refilled and
offered for transportation after its authorized service life has
expired unless approval has been obtained in writing from the Associate
Administrator.
(b) Periodic requalification of UN pressure receptacles. (1) Each
pressure receptacle that is successfully requalified in accordance with
the requirements specified in this section must be marked in accordance
with Sec. 180.213. The requalification results must be recorded in
accordance Sec. 180.215.
(2) Each pressure receptacle that fails requalification must be
rejected or condemned in accordance with the applicable ISO
requalification standard.
(c) Requalification interval. Each UN pressure receptacle that
becomes due for periodic requalification must be requalified at the
interval specified in the following table:
Table 1.--Requalification Intervals of UN Pressure Receptacles
------------------------------------------------------------------------
Interval (years) UN pressure receptacles/hazardous materials
------------------------------------------------------------------------
10.................... Pressure receptacles for all hazardous materials
except as noted below (also for dissolved
acetylene, see paragraph (d)(3) of this
section):
5..................... Composite pressure receptacles.
5..................... Pressure receptacles used for:
All Division 2.3 materials.
UN1013, Carbon dioxide.
UN1043, Fertilizer ammoniating solution with
free ammonia.
UN1051, Hydrogen cyanide, stabilized containing
less than 3% water.
UN1052, Hydrogen fluoride, anhydrous.
UN1745, Bromine pentafluoride.
UN1746, Bromine trifluoride.
UN2073, Ammonia solution.
UN2495, Iodine pentafluoride.
UN2983, Ethylene Oxide and Propylene oxide
mixture, not more than 30% ethylene oxide.
------------------------------------------------------------------------
(d) Requalification procedures. Each UN pressure receptacle that
becomes due for requalification must be requalified at the interval
prescribed in paragraph (c) of this section and in accordance with the
procedures contained in the following standard, as applicable. When a
pressure test is performed on a UN pressure receptacle, the test must
be a water jacket volumetric expansion test suitable for the
determination of the cylinder expansion or a hydraulic proof pressure
test. The test equipment must be calibrated daily in accordance with
Sec. 180.205(g). An alternative method (e.g. acoustic emission) may be
performed if prior approval has been obtained in writing from the
Associate Administrator.
(1) Seamless steel: Each seamless steel UN pressure receptacle,
including MEGC's pressure receptacles, must be requalified in
accordance with ISO 6406 (IBR, see Sec. 171.7 of this subchapter), or
in accordance with requalification procedures approved by the Associate
Administrator.
(2) Seamless UN aluminum: Each seamless aluminum UN pressure
receptacle must be requalified in accordance with ISO 10461 (IBR, see
Sec. 171.7 of this subchapter).
(3) Dissolved acetylene UN cylinders: Each dissolved acetylene
cylinder must be requalified in accordance with ISO 10462 (IBR, see
Sec. 171.7 of this subchapter). The porous mass and the shell must be
requalified no sooner than 3 years, 6 months, from the date of
manufacture. Thereafter, subsequent requalifications of the porous mass
and shell must be performed at least once every ten years.
(4) Composite UN cylinders: Each composite cylinder must be
inspected and tested in accordance with ISO 11623 (IBR, see Sec. 171.7
of this subchapter).
0
48. Section 180.212 is revised to read as follows:
Sec. 180.212 Repair of seamless DOT 3-series specification cylinders
and seamless UN pressure receptacles.
(a) General requirements for repair of DOT 3-series cylinders and
UN pressure receptacles. (1) No person may repair a DOT 3-series
cylinder or a seamless UN pressure receptacle unless--
(i) The repair facility holds an approval issued under the
provisions in Sec. 107.805 of this subchapter; and
(ii) Except as provided in paragraph (b) of this section, the
repair and the inspection is performed under the provisions of an
approval issued under subpart H of Part 107 of this subchapter and
conform to the applicable cylinder specification or ISO standard
contained in part 178 of this subchapter.
(2) The person performing the repair must prepare a report
containing, at a minimum, the results prescribed in Sec. 180.215.
(b) Repairs not requiring prior approval. Approval is not required
for the following specific repairs:
(1) The removal and replacement of a neck ring or foot ring on a
DOT 3A, 3AA or 3B cylinder or a UN pressure receptacle that does not
affect a pressure part of the cylinder when the repair is performed by
a repair facility or a cylinder manufacturer of these types of
cylinders. The repair may be made by welding or brazing in conformance
with the original specification. After removal and before replacement,
the cylinder must be visually inspected and any defective cylinder must
be rejected. The heat treatment, testing and inspection of the repair
must be performed under the supervision of an inspector and must be
performed in accordance with the original specification.
(2) External re-threading of DOT 3AX, 3AAX or 3T specification
cylinders or a UN pressure receptacle mounted in a MEGC; or the
internal re-threading of a DOT-3 series cylinder or a seamless UN
pressure receptacle when performed by the original manufacturer of the
cylinder. The repair work must be performed under the supervision of an
independent inspection agency. Upon completion of the re-threading, the
threads must be gauged in accordance with Federal Standard H-28 or an
equivalent standard containing the same specification limits. The re-
threaded cylinder must be stamped clearly and
[[Page 33896]]
legibly with the words ``RETHREAD'' on the shoulder, top head, or neck.
No DOT specification cylinder or UN cylinder may be re-threaded more
than one time without approval of the Associate Administrator.
0
49. In Sec. 180.213, paragraphs (a), (f)(1), and (f)(7) are revised,
and paragraphs (c)(3) and (f)(8) are added, to read as follows:
Sec. 180.213 Requalification markings.
(a) General. Each cylinder or UN pressure receptacle requalified in
accordance with this subpart with acceptable results must be marked as
specified in this section. Required specification markings may not be
altered or removed.
* * * * *
(c) * * *
(3) For a composite cylinder, the requalification markings must be
applied on a pressure sensitive label, securely affixed in a manner
prescribed by the cylinder manufacturer, near the original
manufacturer's label. Stamping of the composite surface is not
authorized.
* * * * *
(f) * * *
(1) For designation of the 5-year volumetric expansion test, 10-
year volumetric expansion test for UN cylinders and cylinders
conforming to Sec. 180.209(f) and (h), or 12-year volumetric expansion
test for fire extinguishers conforming to Sec. 173.309(b) of this
subchapter and cylinders conforming to Sec. 180.209(e) and 180.209(g),
the marking is as illustrated in paragraph (d) of this section.
* * * * *
(7) For designation of DOT 8 series and UN cylinder shell and
porous filler requalification, the marking is as illustrated in
paragraph (d) of this section, except that the ``X'' is replaced with
the letters ``FS.''
(8) For designation of a nondestructive examination combined with a
visual inspection, the marking is as illustrated in paragraph (d) of
this section, except that the ``X'' is replaced with the type of test
performed, for example the letters ``AE'' for acoustic emission or
``UE'' for ultrasonic examination.
0
50. Section 180.217 is added to read as follows:
Sec. 180.217 Requalification requirements for MEGCs.
(a) Periodic inspections. Each MEGC must be given an initial visual
inspection and test in accordance with Sec. 178.75(i) of this
subchapter before being put into service for the first time. After the
initial inspection, a MEGC must be inspected at least once every five
years.
(1) The 5-year periodic inspection must include an external
examination of the structure, the pressure receptacles and the service
equipment, as follows:
(i) The pressure receptacles are inspected externally for pitting,
corrosion, abrasions, dents, distortions, defects in welds or any other
conditions, including leakage, that might render the MEGC unsafe for
transport.
(ii) The piping, valves, and gaskets are inspected for corroded
areas, defects, and other conditions, including leakage, that might
render the MEGC unsafe for filling, discharge or transport.
(iii) Missing or loose bolts or nuts on any flanged connection or
blank flange are replaced or tightened.
(iv) All emergency devices and valves are free from corrosion,
distortion and any damage or defect that could prevent their normal
operation. Remote closure devices and self-closing stop valves must be
operated to demonstrate proper operation.
(v) Required markings on the MEGC are legible in accordance with
the applicable requirements.
(vi) The framework, the supports and the arrangements for lifting
the MEGC are in satisfactory condition.
(2) The MEGC's pressure receptacles and piping must be periodically
requalified as prescribed in Sec. 180.207(c), at the interval
specified in Table 1 in Sec. 180.207.
(b) Exceptional inspection and test. If a MEGC shows evidence of
damaged or corroded areas, leakage, or other conditions that indicate a
deficiency that could affect the integrity of the MEGC, an exceptional
inspection and test must be performed, regardless of the last periodic
inspection and test. The extent of the exceptional inspection and test
will depend on the amount of damage or deterioration of the MEGC. As a
minimum, an exceptional inspection of a MEGC must include inspection as
specified in paragraph (a)(1) of this section.
(c) Correction of unsafe condition. When evidence of any unsafe
condition is discovered, the MEGC may not be returned to service until
the unsafe condition has been corrected and the MEGC has been
requalified in accordance with the applicable tests and inspection.
(d) Repairs and modifications to MEGCs. No person may perform a
modification to an approved MEGC that may affect conformance to the
applicable ISO standard or safe use, and that involve a change to the
design type or affect its ability to retain the hazardous material in
transportation. Before making any modification changes to an approved
MEGC, the owner must obtain approval from the Associate Administrator
as prescribed in Sec. 178.74 of this subchapter. The repair of a
MEGC's structural equipment is authorized provided such repairs are
made in accordance with the requirements prescribed for its approved
design and construction. Any repair to the pressure receptacles of a
MEGC must meet the requirements of Sec. 180.212.
(e) Requalification markings. Each MEGC must be durably and legibly
marked in English, with the year and month, and the type of the most
recent periodic requalification performed (e.g., 2004-05 AE/UE, where
``AE'' represents acoustic emission and ``UE'' represents ultrasonic
examination) followed by the stamp of the approval agency who performed
or witnessed the most recent test.
(f) Records. The owner of each MEGC or the owner's authorized agent
must retain a written record of the date and results of all repairs and
required inspections and tests. The report must contain the name and
address of the person performing the inspection or test. The periodic
test and inspection records must be retained until the next inspection
or test is completed. Repair records and the initial exceptional
inspection and test records must be retained during the period the MEGC
is in service and for one year thereafter. These records must be made
available for inspection by a representative of the Department on
request.
Issued in Washington, DC on May 30, 2006, under authority
delegated in 49 CFR part 1.
Brigham A. McCown,
Acting Administrator.
[FR Doc. 06-5182 Filed 6-9-06; 8:45 am]
BILLING CODE 4910-60-P