Periodic Inspection and Testing of Cylinders

SUMMARY: RSPA proposes to amend the requirements contained in the

Hazardous Materials Regulations pertaining to the maintenance and

requalification of DOT specification and exemption cylinders used for

transportation of compressed gases in commerce. The proposed changes

would clarify current inspection and retest requirements, incorporate

certain regulatory interpretations and add new provisions. The intent

of the changes is to enhance public safety by providing greater

guidance to persons who perform periodic inspection and testing of

cylinders.

DATES: Comments must be received by December 15, 1995.

ADDRESSES: Address comments to Dockets Unit (DHM-30), Office of

Hazardous Materials Safety, Research and Special Programs

Administration, U.S. Department of Transportation, Washington, DC

20590-0001. Comments should identify the docket and notice number and

be submitted, when possible, in five copies. Persons wishing to receive

confirmation of receipt of their comments should include a self-

addressed, stamped postcard. The Dockets Unit is located in Room 8421

of the Nassif Building, 400 Seventh Street SW, Washington DC 20590-

0001. Office hours are 8:30 a.m. to 5:00 p.m., Monday through Friday,

except on public holidays when the office is closed.

FOR FURTHER INFORMATION CONTACT: Theresa Gwynn or Hattie L. Mitchell,

telephone (202) 366-4488, Office of Hazardous Materials Standards,

Research and Special Programs Administration, Department of

Transportation, 400 Seventh Street SW, Washington DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

The Federal hazardous material transportation law (Federal hazmat

law), 49 U.S.C. 5101-5127, authorizes the Secretary of Transportation

to regulate the manufacture and continuing qualification of packagings

(1) used to transport hazardous materials in commerce, or (2) certified

under Federal hazmat law for the transportation of hazardous materials

in commerce, whether or not actually used for that purpose. The

Hazardous Materials Regulations (HMR), 49 CFR parts 171-180, contain

requirements for periodic inspection and testing of cylinders subject

to the Federal hazmat law, including the frequency and manner of

inspection and testing, standards for cylinder rejection and

condemnation, and cylinder marking and recordkeeping.

Federal authority to regulate the transportation of compressed

gases originated in a 1921 amendment to the Transportation of

Explosives Act, 35 Stat. 1135, Sec. 233 (March 4, 1909). The amendment,

at 41 Stat. 1445, Sec. 233, authorized the Interstate Commerce

Commission (ICC) to regulate the packing, marking, loading, handling

and transportation of compressed gases by common carriers. Under this

authority, in 1930 the ICC implemented regulations for periodic

inspection and testing of cylinders; the regulations, as amended, were

first published in the Federal Register on December 12, 1940 (5 FR

4908).

Ten years later, the regulations were codified into the Code of

Federal Regulations (15 FR 8261; Dec. 2, 1950). In 1967, pursuant to

the Department of Transportation Act, Pub. L. 89-670, 80 Stat. 931,

regulatory jurisdiction over the packaging of dangerous articles for

transportation was transferred from the ICC to the Department of

Transportation; those sections governing cylinder inspection and

testing were moved to their present location in 49 CFR 173.34 (32 FR

5606; April 5, 1967). The cited authority for the hazardous materials

regulations is no longer the Transportation of Explosives Act but

rather the Federal hazmat law. Federal hazmat jurisdiction extends

beyond common carriers, to all transportation in commerce by highway,

rail, air or water. Through rulemaking and the issuance of exemptions

from the regulations under 49 CFR part 107, subpart B, aluminum and

composite cylinders now are authorized for use in addition to steel.

Nevertheless, apart from substitution of the ``DOT'' identifier for the

``ICC'' identifier, the present basic inspection and testing

requirements, at Sec. 173.34(e) (1)-(6) and related sections, largely

are unchanged from the initial 1940 publication.

The regulations have been refined by interpretation in the process

of enforcement and in response to public inquiries. Thus, certain

periodic inspection and testing requirements, such as those pertaining

to standards for visual inspection, calibration of the retest

apparatus, retest performance and recordkeeping, are not explicit in

the HMR. RSPA has worked closely with the cylinder manufacturing and

maintenance industries in developing interpretations consistent with

sound industry practice and in communicating these interpretations to

the regulated community. Nevertheless, RSPA inspections and inquiries

have shown that the regulatory requirements are not sufficiently clear

to some cylinder retesters. This raises concerns both about visual

inspection and testing being conducted fully consistent with safe

practices and, in enforcement, about fair notice of what the

requirements are. Accordingly, RSPA proposes to revise the existing

language to incorporate the RSPA interpretations and certain industry

consensus standards and practices into the regulations.

Under Executive Order 12866 and the Regulatory Policies and

Procedures of the Department of Transportation, 44 FR 11034, a

regulatory evaluation comparing the public costs and benefits of

alternative rulemaking actions must be prepared unless the rule has a

minimal cost impact. Because the proposed changes would clarify the

regulations as presently enforced, or incorporate new requirements that

are consistent with industry practice, the cost impact of the rule is

expected to be minimal. Therefore, RSPA has prepared no regulatory

evaluation. RSPA invites comments on potential cost impacts it may not

have considered. If comments indicate that costs of the rule would not

be minimal, RSPA will prepare a regulatory evaluation.

II. Proposal

Section 173.34

Revision of Sec. 173.34(e) Heading. The proposed rule would revise

the heading of paragraph (e) from ``Periodic retesting, reinspection

and marking of cylinders'' to ``Periodic qualification and marking of

cylinders.'' RSPA believes this heading more clearly indicates the

subject matter of the paragraph, and avoids redundancy. Further, it has

been argued in at least one enforcement case involving the charging of

foreign cylinders for export under Sec. 173.301(j) that paragraph

(j)(1), requiring ``retesting'' in compliance with Sec. 173.34(e), is

unenforceable when there is no evidence that the foreign cylinder

previously has been ``tested.''

[[Page 54009]]

Revising the heading of paragraph (e) and amending Sec. 173.301(j)(1)

as proposed in this notice would eliminate misunderstandings of the

testing requirement. This revision is for clarification, and would not

change the scope of Sec. 173.34(e).

Revision of Retest Table. Currently, requirements applicable to

foreign cylinders are contained in two separate table entries. Under

the proposed rule, the table entry prescribing the minimum retest

pressure and a five-year retest period for ``[a]ny cylinder with marked

test pressure'' would be removed and the entry for ``[f]oreign cylinder

charged for export'' would be revised to specify a retest period of

five-years. Comment is invited as to whether table entries are needed

to specify retest pressure or frequency for any specification,

exemption or special permit cylinder authorized for the transportation

of hazardous material in commerce.

General Requirements and Retester Authorization. Current paragraph

(e) of Sec. 173.34 would be substantially revised. Proposed paragraph

(e)(1) would set forth the general requirement that each DOT

specification or exemption cylinder must be periodically inspected,

tested and marked in accordance with Sec. 173.34 by or under the

supervision of a RSPA-authorized retester. It would prohibit use of a

DOT specification or exemption cylinder that is required to be

periodically inspected or tested for transportation of a hazardous

material in commerce unless the cylinder is marked with an inspection

or test date indicating that it is qualified for use. The procedure to

obtain retester authorization, in the form of the retester

identification number (RIN), and to renew the authorization would be

specified in paragraph (e)(2).

Proposed paragraph (e)(2) would contain three new requirements.

First, a retester's authority to mark a cylinder with a RIN and an

inspection or test date would be contingent on the retester operating

in compliance with the terms of the RIN issuance letter. Second, a

retester would be required to inform RSPA in writing of any change in

cylinder qualification personnel or testing equipment within 20 days.

Presently, RSPA imposes these two requirements under the terms of the

RIN issuance letter. Third, a retester would be required to maintain,

at the facility, the relevant parts of 49 CFR, the current exemptions

for all exemption cylinders inspected, retested or marked, and all

Compressed Gas Association (CGA) pamphlets incorporated by reference in

Sec. 171.7 that apply to the retester's activities. It is RSPA's

experience that retest facilities operating in accordance with sound

business practice maintain current copies of these materials.

As a hazmat employer, a retester is responsible for properly

training any employee who performs cylinder requalification functions.

This also applies to an employee of an independent inspection agency.

Independent inspection agencies are not RSPA agents or representatives.

Nothing in the regulations relieves either party from its obligation

for ensuring compliance with the HMR.

Visual Inspection. Current paragraph (e) requires visual internal

and external inspection in accordance with CGA Pamphlet C-6,

``Standards for Visual Inspection of Compressed Gas Cylinders,'' which

contains inspection standards for steel cylinders. This provision was

enacted before DOT's approval of aluminum and composite cylinders for

transportation of compressed gases and before CGA publication of

inspection standards for aluminum and composite cylinders. RSPA

proposes, in new paragraph (e)(3), to require inspection of aluminum

and composite cylinders in accordance with CGA Pamphlet C-6.1

(``Standards for Visual Inspection of High Pressure Aluminum Compressed

Gas Cylinders'' (1995)), CGA Pamphlet C-6.3 (``Guidelines for Visual

Inspection and Requalification of Low Pressure Aluminum Compressed Gas

Cylinders'' (1991)), and CGA Pamphlet C-6.2 (``Guidelines for Visual

Inspection and Requalification of Fiber Reinforced High Pressure

Cylinders'' (1988)). These documents would be incorporated by reference

in Sec. 171.7. Proposed paragraph (e)(3) explicitly would require a

retester to comply with cylinder approval, rejection and condemnation

criteria set forth in CGA Pamphlet C-6, C-6.1, C-6.2 or C-6.3, as

applicable. No new inspection requirements would be imposed.

Retesting. Proposed paragraph (e)(4) would prescribe procedures for

cylinder volumetric pressure retesting, confirming system calibration,

and standards for the accuracy and resolution of pressure/expansion

test systems. The existing requirements would be clarified and several

new provisions would be added.

Proposed paragraph (e)(4)(i) would establish that retest, unless

otherwise provided in Sec. 173.34(e), means testing by a method that

measures a cylinder's total and permanent expansions at prescribed test

pressure. While it is expected that nearly all retesting will be by

internal pressurization of a cylinder suspended in a water jacket

(i.e., hydrostatic retesting), a retester would be permitted to use

other methods meeting resolution and accuracy standards.

A strict reading of current paragraph (e)(3) can lead to

misinterpretations of two key concepts: device accuracy (i.e., how

truthfully the system displays, or records, the actual pressure or

expansion being measured); and device resolution (i.e., the smallest

incremental unit that a measuring instrument or system must be capable

of being read to, or recorded from, so as to meet or exceed the

measurement accuracy requirement). Pressure and expansion indicating

devices are compared against a calibrated standard daily to check their

accuracy. However, if the scale of the indicating device does not show

the proper resolution, the accuracy of the reading is not assured.

Currently, (e)(3) addresses expansion gauge accuracy, but not

resolution, and pressure gauge resolution, but not accuracy. Proposed

paragraph (e)(4)(ii) would set clear resolution standards for both

pressure and expansion indicating devices, while paragraph (e)(4)(iii)

would set clear accuracy standards for both.

First, proposed paragraph (e)(4)(ii) would require the pressure

indicating device to have sufficient resolution to indicate the

pressure to within 1% of the minimum prescribed test pressure of any

cylinder retested (see example below). Second, the device for measuring

cylinder expansion must have sufficient resolution to indicate

expansion to within 1% of the total expansion of any cylinder retested.

An exception would be retained for cylinders of less than 10 cubic

centimeters total expansion, for which resolution to 0.1 cubic

centimeter would be permitted. Finally, the paragraph would codify

industry practice of midpoint interpolation to achieve the required

degree of resolution.

For instance (in a system using pressure gauges), if a pressure

gauge reads only in increments of 50 psi, and the minimum prescribed

test pressure for a cylinder to be tested is 1000 psi, the gauge would

show insufficient resolution to determine accuracy. A gauge of finer

scale is needed. To achieve the required resolution, the gauge

divisions should permit reading of pressures to within 1% of the

cylinder's minimum prescribed test pressure (1% of 1000 psi = 10 psi).

Since mid-point interpolation is permissible, a gauge of no greater

than 20 psi increments can be used for this example (half of 20psi is

10psi, the required resolution).

Presently, paragraph (e)(3) specifies no calibration frequency to

establish retest apparatus pressure and cylinder expansion accurately

to plus or minus

[[Page 54010]]

one percent of true pressure and expansion values. CGA Pamphlet C-1

recommends that calibration be confirmed each day before retesting.

RSPA's experience is that most retesters confirm calibration daily as a

matter of sound operating practice. Proposed paragraph (e)(4)(iii),

consistent with industry practice, would require daily confirmation of

calibration before retesting to assure both expansion and pressure

gauge accuracy. Comments are solicited on whether calibration is

required more or less frequently, and whether, for example, it is

appropriate to require a calibration check at the beginning of each

shift (for those facilities operating more than one shift per day), for

each change in retest operator, or at some other frequency.

A strict reading of current paragraph (e)(4) requires that system

calibration has been demonstrated at each pressure at which a cylinder

is retested. The retester's ability to control test pressure, however,

is limited by pump characteristics, system idiosyncrasies, and residual

cylinder expansion. Further, a calibrated cylinder may not be certified

at each pressure at which a retester wishes to perform a hydrostatic

test. For these reasons, RSPA is proposing, in paragraph (e)(4)(iii),

to allow two means of demonstrating calibration. First, as at present,

a retester may show calibration at test pressure. Alternatively, a

retester, on a given day, simply may perform calibrated cylinder runs

at pressures above and below test pressures for that day. A retester is

not authorized to perform a hydrostatic test at a pressure above the

highest pressure or below the lowest pressure at which the calibrated

cylinder has demonstrated calibration on that day.

The calibration certificate for a calibrated cylinder establishes

true total expansions at a range of pressures, generally at each 1000

pounds per square inch (psi). During system calibration, the operator

must compare the system pressure or the total expansion reading with

the actual reading on the calibration certificate for that pressure or

total expansion. Proposed paragraph (e)(4)(iv) would require retesters

to maintain calibrated cylinder certificates, as is current industry

practice.

Proposed new paragraph (e)(4)(v) would restate existing

requirements for cylinder retesting, including the requirement to hold

minimum test pressure for at least 30 seconds and as long as necessary

for full cylinder expansion and the prohibition on pressurizing a

cylinder above 90 percent of test pressure before a retest. As under

current regulations, when the system apparatus fails to hold pressure

after test pressure has been reached, retest is authorized at a

pressure increased by 10 percent or 100 psi, whichever is less.

Language would be added to emphasize that a second retest is authorized

only if the apparatus has failed to hold test pressure, and not if a

cylinder has exhibited excessive expansion. RSPA also is considering:

(1) Specifying the period of time a retester must wait before retest,

after applying more than 90 percent of test pressure; (2) limiting the

number of permissible retests after apparatus failure; and (3)

specifying a standard for condemnation in the event of

overpressurization. Comments are specifically invited on these issues.

Cylinder Rejection/Condemnation. Proposed paragraphs (e)(5) and

(e)(6) would contain requirements for rejection and condemnation of

cylinders.

A ``rejected cylinder'' is one that is determined by visual

examination to be not in proper condition to be presented or used as a

specification packaging for the transportation of hazardous material,

but that is authorized to be repaired or rebuilt. The current

regulations incorporate rejection and repair standards of CGA Pamphlet

C-6 through paragraph (e)(1), which requires inspection in accordance

with that pamphlet. The proposed rule would create a separate paragraph

defining ``rejection'' and explicitly incorporating the rejection

criteria of CGA Pamphlets C-6, C-6.1, C-6.2, and C-6.3 for steel,

aluminum and composite cylinders, as applicable. A provision, contained

in current paragraph (e)(4), stating that a cylinder condemned for

excessive permanent expansion on retest may be requalified by reheat

treatment would be removed. Requalifying cylinders by reheat treatment

is often not practical or consistent with common industry practice.

A condemned cylinder is one that may not be presented or used as a

specification packaging for transportation of hazardous materials, and

for which requalification is not authorized. Under the current

regulations, a cylinder must be condemned if: (1) It meets a CGA

Pamphlet C-6 criterion for condemnation on visual inspection; (2) it

exceeds permissible permanent expansion on retest and is not authorized

for reheat treatment; (3) it leaks or evidences damage indicating that

it is likely to be weakened appreciably and is not authorized for

repair or rebuilding; (4) for an exemption cylinder, it meets another

condemnation criterion specified in the exemption; or (5) for a DOT 3HT

cylinder governed by paragraph (e)(13), elastic expansion exceeds the

marked rejection elastic expansion.

For both rejected and condemned cylinders, proposed paragraphs

(e)(5)(ii) and (e)(6)(ii) would require the retester to notify the

cylinder owner in writing of the cylinder's status, prescribed remedial

actions that can be taken (in the case of a rejected cylinder), and

that the cylinder may not be used as a specification packaging for the

movement of hazardous materials. Requiring written notification would

offer greater assurance that cylinder owners are made aware of

potentially unsafe cylinders.

The proposed rule would not change the present condemnation

standards, except for explicitly adding evidence of cracking as a basis

to condemn a cylinder. To add assurance that a condemned cylinder will

not be returned to service, the retester would stamp a series of X's

over the DOT specification number and service pressure or the word

``CONDEMNED'' on the shoulder, top head, or neck of the cylinder using

a steel stamp. The retester would not be required to stamp the cylinder

if, on the direction of the owner, the retester rendered the cylinder

incapable of holding pressure in some fashion (e.g., by damaging the

cylinder threads or drilling through the cylinder wall).

Comments are particularly invited on the proposed requirements to

stamp condemned cylinders. RSPA wishes to gain additional information

on present retester practices of handling rejected and condemned

cylinders, the costs and benefits of the requirements, the need for the

requirements, their effect on retester operating practices, and

alternatives to ensure that rejected and condemned cylinders are

removed from hazardous material service where use of a specification

packaging is required.

Recordkeeping. Current paragraph (e)(5) states that ``[r]ecords

showing the result of reinspection and retest must be kept.'' RSPA has

applied this regulation to require that the retester, for each cylinder

inspected or tested, record the information necessary to confirm that

the retest was conducted under the required conditions (i.e., at

correct test pressure), indicate the results of inspection and retest,

and enable the results to be traced to the cylinder inspected or

tested. Specifically, the records must identify the cylinder, date,

results of visual examination, test pressure, test results (including

expansion data) and cylinder disposition. To identify the cylinder,

RSPA has required, consistent with CGA Pamphlet C-1, that retesters

record

[[Page 54011]]

the cylinder specification or exemption number, the service pressure,

the serial number and the cylinder owner. To RSPA's knowledge, most

retesters use retest sheets containing these entries and record this

information as standard operating practice. Nevertheless, prescribing

explicitly the information required to be in test records should

benefit retesters and improve recordkeeping practices.

RSPA proposes to require the retest record to contain those entries

presently required, as well as the cylinder manufacturer's name or

symbol, cylinder dimensions and identification of the retest operator.

For cylinders qualified for overfill by a plus (+) marking, the retest

record must indicate the method by which wall stress computations

pursuant to Sec. 173.302(c) were made. This notation may be entered in

the ``Remarks'' column of the retest sheet. The rule explicitly would

require recordation of tests not completed due to failure of the

apparatus to hold test pressure. The record for a subsequent test would

be required to include the date of the earlier test. This information

also could be entered in the ``Remarks'' column on the retest sheet.

CGA Pamphlet C-1 recommends that retesters record calibrated

cylinder expansions used to confirm retest apparatus calibration. In

RSPA's experience, most retesters record these expansions, even though

not required by the current regulations. If calibration checks are not

recorded, a retester, particularly if it employs more than one retest

operator during a shift or an operating day, has no means of ensuring

apparatus calibration before testing or confirming that the apparatus

was accurate on any given day. The proposed rule would require that

calibration runs be recorded, in chronological order, with retest

records for that day.

A retester who marks a cylinder for overfill under the conditions

of Sec. 173.302(c) would be required to retain records of wall stress

computations. Wall stress may be determined through a method that does

not require computation, such as the use of an elastic expansion limit

provided by the cylinder manufacturer. This provision would not limit

the retester in its choice of method, but simply require that the

method be noted and computations, if required by the method used, be

retained.

Finally, proposed paragraph (e)(8) would require each retester to

maintain at its facility its RIN issuance letter from RSPA; a copy of

the renewal application, if renewal is pending; copies of notifications

to RSPA since issuance of the most recent RIN letter of changes in

equipment or personnel; and most recent certificates of calibration for

all calibrated cylinders. Currently, the RIN issuance letter contains a

requirement that the letter be posted at the retest facility. RSPA

believes that maintenance of the other documents is standard retester

operating practice and that, in any event, the cost of doing so is

insignificant. RSPA invites comments on these conclusions.

Section 173.301

Foreign Cylinders for Export. Under the present regulations, a

foreign cylinder not manufactured, inspected, tested and marked in

accordance with part 178 may be filled in the United States only for

export. Further, the cylinder may be filled for export only if it is

marked as having been, and has been, inspected and retested in

compliance with Sec. 173.34(e), and it meets maximum filling density

and service pressure requirements. This marking would not contain the

RIN, only the month and year of the test. Section 173.301(j) would be

revised in minor respects to clarify these requirements.

Section 173.302

Computing Wall Stress for Overfill Authorization. Currently,

Sec. 173.302(c) permits filling of DOT 3A, 3AX, 3AA, 3AAX and 3T

cylinders to 110 percent of marked service pressure under prescribed

conditions. One condition for overfill, at paragraph (c)(3), is that

neither the average nor the maximum wall stress in the cylinder, at

test pressure, exceeds the applicable value stated in that paragraph.

The proposed rule would amend paragraph (c)(3) in three respects.

First, it would clarify the existing requirement that neither average

nor maximum wall stress may exceed the specified value. Second, it

would amend Note 1 to paragraph (c)(3) to explicitly authorize the

existing industry practice of using the experimental K factor obtained

from CGA Pamphlet C-5 to compute average wall stress. Third, it would

add a Note 3 to explicitly authorize the industry practice of ensuring

compliance with the wall stress limitations of paragraph (c)(3) by

computing an elastic expansion rejection limit and comparing elastic

expansion derived during retest. Comments are invited on whether other

methods that may not presently be authorized by paragraph (c)(3) may be

used to compute accurately the average or maximum wall stress.

Section 173.309

Retest requirements for fire extinguishers. Paragraph (b) provides

for DOT specification cylinders used as fire extinguishers. Cylinders

containing certain fire extinguishing agents such as ammonium

phosphate, sodium bicarbonate, potassium bicarbonate, potassium imido

dicarboxamide and bromochlorodifluromethane or bromotrifluoromethane,

which are commercially free from corroding components and meeting

certain conditions, are authorized to meet a longer retest interval in

accordance with current Sec. 173.34(e)(18). The Fire Equipment

Manufacturers' Association, Inc. (FEMAI) petitioned (P-1216) RSPA to

move the conditions for extending the retest interval from Sec. 173.309

to Sec. 173.34(e)(18). FEMAI stated that this change would clarify that

carbon dioxide fire extinguishers do not qualify for the special retest

provisions in Sec. 173.34(e)(18). RSPA agrees with FEMAI that these

changes should be made. In this proposed rule, the retest criteria for

these cylinders are revised and moved to proposed Sec. 173.34(e)(21).

Revised Sec. 173.309(b) would prescribe specification cylinders

authorized for transportation under the proper shipping name ``fire

extinguishers.'' In a different petition (P-1217), FEMAI stated that

DOT 3E cylinders are used as fire extinguishers and requested that this

specification be added. RSPA agrees and proposes to include the DOT 3E

specification in Sec. 173.309(b). Also in this paragraph, RSPA proposes

to remove a limitation on the dew point for the expellant gas, which is

not a requirement under Sec. 173.309(a) for gases in non-specification

cylinders used as fire extinguishers.

Parts 171 and 173

Miscellaneous Technical Revisions. The proposed rule would amend

several other regulations for update and for purposes of clarity only.

In Sec. 171.7, several CGA standards incorporated by reference would be

updated: CGA Pamphlet C-6, ``Standards for Visual Inspection of Steel

Compressed Gas Cylinders'' would be updated from the 1984 to the 1993

edition; CGA Pamphlet C-12, ``Qualification Procedure for Acetylene

Cylinder Design'' would be updated from the 1979 to the 1994 edition;

CGA Pamphlet C-13, ``Guidelines for Periodic Visual Inspection and

Requalification of Acetylene Cylinders'' would be updated from the 1985

to the 1992 edition (responds to P-1241); and CGA Pamphlet S-1.1.1,

Pressure Relief Device Standards--Part 1--Cylinders for

[[Page 54012]]

Compressed Gases,'' would be updated from the 1989 to the 1994 edition

(responds to P-1247). With regard to the 1994 edition of CGA Pamphlet

S-1.1.1, new paragraph 9.1.1.1 of the pamphlet, which specifies the

replacement or requalification of pressure relief valves, on affected

DOT cylinders every 10 years, would not be made mandatory. The National

Propane Gas Association submitted comments on petition P-1247 stating

that the propane industry has experienced no problems with these

pressure relief valves on cylinders and that adoption of the provision

is unwarranted. Although replacement of pressure relief valves on a

periodic basis would not be required under Sec. 173.34(d) of this

proposed rulemaking, RSPA encourages this practice by industry.

In Sec. 173.23, paragraphs (c), (d) and (e) would be revised to

clarify that the requirement to remark as ``3AL'' certain aluminum

cylinders manufactured under exemption before the existence of the DOT

3AL specification applies to cylinders manufactured under both the

listed exemptions and the ``special permits'' that preceded those

exemptions.

In Sec. 173.34, paragraphs (e) (2), (8), (10), (13) and (15) would

be revised for clarity only. A number of other revisions would be made

throughout paragraph (e) for minor editorial clarification, to correct

cross-references within the section as amended, and to include

references to the newly incorporated CGA Pamphlets C-5, C-6, C-6.1, C-

6.2 and C-6.3. Subparagraph numbering within paragraph (e) would change

generally as a result of the restructuring of the paragraph under this

rule.

Future rulemaking action. RSPA plans to clarify certain other

requirements applicable to cylinders in a separate rulemaking action in

the near future. In that notice, RSPA will propose the revision and

reorganization of the cylinder specifications in Part 178. In addition,

all requirements applicable to the inspection, retest, repair and

continuing requalification of cylinders would be relocated from

Sec. 173.34 to subpart C of part 180.

III. Rulemaking Analyses and Notices

1. Executive Order 12866 and DOT Regulatory Policies and Procedures

This proposed rule is not considered a significant regulatory

action under section 3(f) of Executive Order 12866 and was not reviewed

by the Office of Management and Budget. The rule is not considered

significant under the Regulatory Policies and Procedures of the

Department of Transportation (44 FR 11034). The economic impact of this

proposed rule is minimal to the extent that preparation of a regulatory

evaluation is not warranted.

2. Executive Order 12612

This proposed rule has been analyzed in accordance with the

principles and criteria contained in Executive Order 12612

(``Federalism''). Federal law expressly preempts State, local, and

Indian tribe requirements applicable to the transportation of hazardous

material that cover certain subjects and are not ``substantively the

same'' as the Federal requirements. 49 U.S.C. 5125(b)(1). These covered

subjects are:

(A) The designation, description, and classification of hazardous

material;

(B) The packing, repacking, handling, labeling, marking, and

placarding of hazardous material;

(C) The preparation, execution, and use of shipping documents

related to hazardous material and requirements respecting the number,

contents, and placement of those documents;

(D) The written notification, recording, and reporting of the

unintentional release in transportation of hazardous material; and

(E) The design, manufacturing, fabricating, marking, maintenance,

reconditioning, repairing, or testing of a packaging or a container

which is represented, marked, certified, or sold as qualified for use

in transporting hazardous material.

This notice of proposed rulemaking addresses the maintenance and

testing of a package represented as qualified for use in the

transportation of hazardous material. Therefore, the rule would preempt

State, local and Indian tribe requirements that are not ``substantively

the same'' as Federal requirements on these subjects. Section

5125(b)(2) of Title 49 U.S.C. provides that when DOT issues a

regulation concerning any of the covered subjects after November 16,

1990, DOT must determine and publish in the Federal Register the

effective date of Federal preemption. The effective date may not be

earlier that the 90th day following the date of issuance of the final

rule and no later than two years after the date of issuance. RSPA has

determined that the effective date of Federal preemption of this final

rule will be 90 days after publication in the Federal Register. Because

RSPA lacks discretion in this area, preparation of a federalism

assessment is not warranted.

3. Regulatory Flexibility Act

I certify that this proposed rule will not have a significant

economic impact on a substantial number of small entities. This rule

applies to persons who inspect, retest and certify cylinders used to

transport hazardous materials. These persons include a number of small

businesses; however, the economic impact on any small business affected

by the rule is expected to be minimal. There are no direct or indirect

adverse economic impacts for small units of government or other

organizations.

4. Paperwork Reduction Act

Information collection and recordkeeping requirements in current

Sec. 173.34 pertaining to cylinder retesters have been approved by the

Office of Management and Budget (OMB) under the provisions of 44 U.S.C.

chapter 35 and assigned control number 2137-0022. Because this proposed

rule requires no substantive change from the current burden hours

required, RSPA has not resubmitted the proposed information collection

requirements to OMB for approval under the Paperwork Reduction Act.

RSPA invites comments on any incremental paperwork burdens that it may

not have considered. If deemed necessary, the burden hours will be

revised to reflect the new requirements of this proposed rule and the

information collection will be submitted to OMB for approval under the

Paperwork Reduction Act.

5. Regulation Identifier Number

A regulation identifier number is assigned to each regulatory

action listed in the Unified Agenda of Federal Regulations. The

Regulatory Information Service Center publishes the Unified Agenda in

April and October of each year. The regulation identifier number

contained in the heading of this document can be used to cross-

reference this action with the Unified Agenda.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste,

Imports, Incorporation by reference, Reporting and recordkeeping

requirements.

49 CFR Part 173

Hazardous materials transportation, Packaging and containers,

Radioactive materials, Reporting and recordkeeping requirements,

Uranium.

In consideration of the foregoing, 49 CFR parts 171 and 173 would

be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

1. The authority citation for Part 171 would continue to read as

follows:

[[Page 54013]]

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

2. In Sec. 171.7, in the Table in paragraph (a)(3), under the entry

Compressed Gas Association, Inc., the entries for CGA Pamphlets C-6, C-

12, C-13, and S-1.1 would be revised and four new entries would be

added in numerical order, to read as follows:

Sec. 171.7 Reference material.

(a) * * *

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

------------------------------------------------------------------------

49 CFR

Source and name of material reference

------------------------------------------------------------------------

* * * *

* * *

Compressed Gas Association, Inc.,

* * * *

* * *

CGA Pamphlet C-5, Cylinder Service Life--Seamless Steel

High Pressure Cylinders, 1991............................ 173.302

CGA Pamphlet C-6, Standards for Visual Inspection of Steel

Compressed Gas Cylinders, 1993........................... 173.34

CGA Pamphlet C-6.1, Standards for Visual Inspection of

High Pressure Aluminum Compressed Gas Cylinders, 1995.... 173.34

CGA Pamphlet C-6.2, Guidelines for Visual Inspection and

Requalification of Fiber Reinforced High Pressure

Cylinders, 1988.......................................... 173.34

CGA Pamphlet C-6.3, Guidelines for Visual Inspection and

Requalification of Low Pressure Aluminum Compressed Gas

Cylinders, 1991.......................................... 173.34

* * * *

* * *

CGA Pamphlet C-12, Qualification Procedure for Acetylene

Cylinder Design, 1994.................................... 173.303

CGA Pamphlet C-13, Guidelines for Periodic Visual

Inspection and Requalification of Acetylene Cylinders,

1992..................................................... 173.34

* * * *

* * *

CGA Pamphlet S-1.1., Pressure Relief Device Standards--

Part 1--Cylinders for Compressed Gases, 1994............. 173.34

* * * *

* * *

------------------------------------------------------------------------

* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS

3. The authority citation for Part 173 would continue to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

4. In Sec. 173.23, paragraphs (c), (d), and (e) would be revised to

read as follows:

Sec. 173.23 Previously authorized packaging.

* * * * *

(c) After July 2, 1982, a seamless aluminum cylinder manufactured

in conformance with and for use under DOT special permit (SP) or

exemption (E) 6498, 7042, 8107, 8364 or 8422 may be continued in use if

marked before or at the time of the next retest with either the

specification identification ``3AL'' immediately above the special

permit or exemption number, or the DOT mark (e.g., DOT 3AL 1800) added

in proximity to the special permit or exemption marking.

(d) Cylinders (spheres) manufactured and marked under DOT special

permit (SP) or exemption (E) 6616 prior to January 1, 1983, may be

continued in use if marked before or at the time of the next retest

with the specification identification ``4BA'' near the special permit

or exemption marking.

(e) After October 1, 1984, cylinders manufactured for use under

special permit (SP) or exemption (E) 6668 or 8404 may be continued in

use, and must be marked ``DOT-4LXXXYY'' (XXX to be replaced by the

service pressure, YY to be replaced by the letters ``AL'', if

applicable) in compliance with Specification 4L (Sec. 178.57 of this

subchapter) on or before January 1, 1986. The ``DOT-4LXXXYY'' must

appear in proximity to other required special permit or exemption

markings.

* * * * *

5. In Sec. 173.34, a parenthetical would be added immediately

following the first sentence of the introductory text of paragraph (d),

the first sentence of paragraph (d) would be republished, and paragraph

(e) would be revised to read as follows:

Sec. 173.34 Qualification, maintenance and use of cylinders.

* * * * *

(d) Pressure relief device systems. No person may offer a cylinder

charged with a compressed gas for transportation unless the cylinder is

equipped with one or more pressure relief devices sized and selected as

to type, location, and quantity and tested in accordance with CGA

Pamphlet S-1.1. (Compliance with paragraph 9.1.1.1 of CGA Pamphlet S-

1.1 is permissive).* * *

* * * * *

(e) Periodic qualification and marking of cylinders. Each cylinder

that becomes due for periodic retest as specified in the following

table must be retested and marked in conformance with the requirements

of this paragraph:

Retest and Inspection of Cylinders

------------------------------------------------------------------------

Specification under which Minimum retest Retest period

cylinder was made pressure (p.s.i.) (years)

------------------------------------------------------------------------

DOT-3........................... 3,000 p.s.i....... 5.

DOT-3A, 3AA..................... 5/3 times service 5 or 10 (see Sec.

pressure, except 173.34(e)(11),

noncorrosive (e)(14), (e)(15)

service (see Sec. and (e)(18)).

173.34(e)(10)).

DOT-3AL......................... 5/3 times service 5.

pressure.

DOT-3AX, 3AAX................... 5/3 times service 5.

pressure.

3B, 3BN......................... 2 times service 5 or 10 (see Sec.

pressure (see 173.34(e)(14)).

Sec. 173.34(e)(10

)).

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

required.

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

pressure.

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

required.

3HT............................. 5/3 times service 3 (see Sec.

pressure. 173.34(e)(13)).

[[Page 54014]]

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

pressure.

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

4A.............................. 5/3 times service 5 or 10 (see Sec.

pressure (see 173.34(e)(14)).

Sec. 173.34(e)(10

)).

4AA480.......................... 2 times service 5 or 10 (see Sec.

pressure (see 173.34(e)(11)).

Sec. 173.34(e)(10

)).

4B, 4BA, 4BW, 4B-240ET.......... 2 times service 5 or 10 (see Sec.

pressure, except 173.34(e)(9),

non-corrosive (e)(14) and

service (see Sec. (e)(18)).

173.34(e)(10)).

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

required.

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

pressure.

DOT-4E.......................... 2 times service 5.

pressure, except

non-corrosive

service (see Sec.

173.34(e)(10)).

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

required.

8, 8AL.......................... .................. 10 or 20 (See Sec.

173.34(e)(17)).

DOT-9........................... 400 p.s.i. 5.

(maximum 600

p.s.i.).

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

26 for filling at over 450 5/3 times service 5.

p.s.i.. pressure.

26 for filling at 450 p.s.i. and 2 times service 5 or 10 (see Sec.

below. pressure, except 173.34(e)(9)).

non-corrosive

service (see Sec.

173.34(e)(10)).

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

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

Foreign cylinder (see Sec. As marked on the 5.

173.301(j) for restrictions on cylinder, but not

use). less than 5/3 of

any service or

working pressure

marking.

------------------------------------------------------------------------

Note 1: For cylinders not marked with a service pressure, see Sec.

173.301(e)(1).

(1) General requirements. (i) Each cylinder bearing a DOT

specification marking (including a cylinder remarked in conformance

with Sec. 173.23) must be inspected, retested and marked in conformance

with this section, at the frequency specified in the Retest and

Inspection of Cylinders Table in this paragraph (e). Each cylinder

bearing a DOT exemption number must be inspected, retested and marked

in conformance with this section and the terms of the applicable

exemption, at the frequency specified in the exemption.

(ii) No cylinder required by paragraph (e)(1)(i) of this section to

be retested may be used for the transportation of a hazardous material

in commerce unless that cylinder has been inspected and retested in

accordance with this section and the retester has marked the cylinder

by stamping the date of retest, the cylinder retester identification

number (RIN) unless excepted under this section, and any other marking

required by this section. No person may mark a test date or RIN on a

DOT specification or exemption cylinder unless all applicable

requirements of this section have been met.

(2) Retester authorization. (i) No person may mark a cylinder with

a test date or RIN, or otherwise represent that a DOT specification or

exemption cylinder has been retested under this section, unless that

person holds a current RIN issued by RSPA and operates in compliance

with the terms of the RIN issuance letter. All functions under this

section shall be performed or supervised by an individual named as

qualified in the RIN application or a notification pursuant to

paragraph (e)(2)(iv) of this section.

(ii) Any person seeking approval as a cylinder retester shall apply

to an independent inspection agency, approved by RSPA pursuant to

Sec. 173.300a, for inspection of its retest facility. The applicant

shall bear the cost of the inspection. Independent inspection agencies

are not RSPA agents or representatives. A list of approved independent

inspection agencies is available from the Associate Administrator for

Hazardous Materials Safety, Office of Hazardous Materials Exemptions

and Approvals (DHM-32), Research and Special Programs Administration,

U.S. Department of Transportation, Washington, DC 20590-0001.

(A) After the inspection, the person seeking approval must submit a

letter of recommendation and inspection report from the independent

inspection agency and a completed approval application to the Associate

Administrator.

(B) The Associate Administrator reviews the application, the

inspection report and recommendation submitted by the independent

inspection agency, and other available information. The Associate

Administrator issues a RIN if it finds that the applicant's facility

and qualifications are adequate to properly inspect, test and mark

cylinders under this section. Unless otherwise provided in the RIN

issuance letter, a RIN expires five years from the date of issuance.

(iii) The retester shall apply for RIN renewal in a timely manner.

An inspection report and a recommendation of an independent inspection

agency are required for renewal. If the Associate Administrator

receives a renewal application at least 50 days before expiration of

the RIN, the RIN will remain in effect until the Associate

Administrator issues the renewal or notifies the retester that the RIN

will not be reissued. The Associate Administrator renews a RIN in

accordance with the standard in paragraph (e)(2)(ii)(B) of this

section.

(iv) A current RIN remains valid provided the retester's facility

and qualifications are maintained at or above the level observed at the

time of inspection by the independent inspection agency. The RIN holder

shall report in writing any change in name, address, ownership or

management of the holder; personnel performing any function under this

section; or testing equipment to the Associate Administrator for

Hazardous Materials Safety (DHM-32) within 20 days of the change.

(v) A retester shall maintain, at each location at which it

inspects, retests or marks cylinders under this section, current copies

of:

(A) Those portions of Parts 171-180 of this subchapter that apply

to its cylinder inspection, retesting and marking activities at that

location.

(B) All exemptions governing exemption cylinders inspected,

retested or marked by the retester at that location.

[[Page 54015]]

(C) Each CGA publication incorporated by reference in Sec. 171.7 of

this subchapter that applies to the retester's cylinder inspection,

retesting and marking activities at that location. The publication

maintained shall be the edition incorporated by reference in Sec. 171.7

of this subchapter.

(3) Visual inspection. Except as otherwise provided in this

section, a cylinder must be visually inspected, internally and

externally, in accordance with the terms of CGA Pamphlets C-6, C-6.1,

C-6.2, or C-6.3, as applicable. The cylinder must be approved, rejected

or condemned according to the criteria set forth in the applicable CGA

pamphlet. Internal inspection may be omitted for cylinders of the type

and in the service described under paragraphs (e) (12) and (13) of this

section. DOT 3BN cylinders must be inspected in accordance with CGA

Pamphlet C-6.

(4) Pressure retest. (i) Each cylinder required to be retested

under this section, unless otherwise provided, must be retested by

means suitable for measuring the expansion of the cylinder under

pressure. Bands and other removable attachments must be loosened or

removed before testing so that the cylinder is free to expand in all

directions.

(ii) The pressure indicating device of the testing apparatus must

permit reading of pressures to within 1% of the minimum prescribed test

pressure of each cylinder tested, except that for analog devices,

interpolation to \1/2\ of the marked gauge divisions is acceptable. The

expansion indicating device of the testing apparatus must also permit

incremental reading of the cylinder expansion to 1% of the total

expansion of each cylinder tested or 0.1 cubic centimeter, whichever is

larger. Midpoint visual interpolation is permitted.

(iii) Each day before retesting, the retester shall confirm, by

using a calibrated cylinder or other method authorized in writing by

the Associate Administrator for Hazardous Materials Safety (DHM-32),

that:

(A) The pressure indicating device, as part of the retest

apparatus, is accurate within 1.0% of the prescribed test

pressure of any cylinder tested that day. The pressure indicating

device, itself, must be certified as having an accuracy of

0.5%, or better, of its full range, and must permit

readings of pressure from 90%-120% of the minimum prescribed test

pressure of the cylinder to be tested. The accuracy of the pressure

indicating device within the test system can be demonstrated at any

point within 500 psi of the actual test pressure for test pressures at

or above 3000 psi, or 10% of the actual test pressure for test

pressures below 3000 psi; and

(B) The expansion indicating device, as part of the retest

apparatus, gives a stable reading of expansion and is accurate to

1.0% of the total expansion of any cylinder tested or 0.1

cubic centimeter, whichever is larger. The expansion indicating device,

itself, must have an accuracy of 0.5%, or better, of its

full scale.

(iv) The test equipment used must be calibrated to within

1.0% of the calibrated cylinder's pressure and

corresponding expansion values. This can be accomplished by bringing

the pressure to a value shown on the calibration certificate for the

calibrated cylinder used and verifying that the resulting total

expansion is within 1.0% of the total expansion shown on

the calibration certificate. Alternatively, calibration may be

demonstrated by bringing the total expansion to a known value on the

calibration certificate for the calibrated cylinder used and verifying

that the resulting pressure is within 1.0% of the pressure

shown on the calibration certificate. The calibrated cylinder must show

no permanent expansion. The retester shall be able to demonstrate

calibration in conformance with this paragraph (e)(4) to an authorized

RSPA inspector on any day that it retests cylinders. A retester shall

maintain calibrated cylinder certificates in conformance with paragraph

(e)(8)(iii) of this section.

(v) Minimum test pressure must be maintained for at least 30

seconds, and as long as necessary for complete expansion of the

cylinder. A system check may be performed at or below 90% of test

pressure prior to the retest. In the case of a malfunction of the test

equipment, the test may be repeated at a pressure increased by 10

percent or 100 psi, whichever is less. This paragraph (e)(4) does not

authorize retest of a cylinder otherwise required to be condemned under

paragraph (e)(6) of this section.

(5) Cylinder rejection. (i) A retester shall reject a cylinder when

on visual inspection, it meets a rejection standard set forth in CGA

Pamphlets C-6, C-6.1, C-6.2, or C-6.3, as applicable.

(ii) A cylinder that is rejected may not be marked as meeting the

requirements of this section. The retester shall notify the cylinder

owner, in writing, that the cylinder, unless requalified, reinspected

and retested in conformance with CGA Pamphlets C-6, C-6.1, C-6.2, or C-

6.3, as applicable, Part 173 of this subchapter, and any applicable

exemption, is rejected and may not be filled with hazardous material

for transportation in commerce where use of a specification packaging

is required.

(6) Cylinder condemnation. (i) A cylinder must be condemned when:

(A) On inspection, it meets a condition for condemnation set forth

in CGA Pamphlets C-6, C-6.1, C-6.2, or C-6.3, as applicable;

(B) The cylinder leaks through its wall;

(C) Evidence of cracking exists to the extent that the cylinder is

likely to be weakened appreciably;

(D) For a DOT specification cylinder other than a DOT 4E aluminum

cylinder, permanent expansion exceeds 10 percent of total expansion;

(E) For a DOT 4E aluminum cylinder, permanent expansion exceeds 12

percent of total expansion;

(F) For a DOT exemption cylinder, permanent expansion exceeds the

limit set forth in the applicable exemption, or the cylinder meets

another criterion for condemnation in the applicable exemption; or

(G) For a DOT specification 3HT cylinder, elastic expansion exceeds

the marked rejection elastic expansion.

(ii) A cylinder that is condemned may not be filled with hazardous

material for transportation in commerce where use of a specification

packaging is required and may not be marked as meeting the requirements

of this section or any DOT exemption. When a cylinder is required to be

condemned, the retester must stamp a series of X's over the DOT

specification number and marked service pressure, must stamp

``CONDEMNED'' on the shoulder, top head, or neck using a steel stamp

and must notify the cylinder owner, in writing, that the cylinder is

condemned and may not be filled with hazardous material for

transportation in commerce where use of a specification packaging is

required. Alternatively, at the direction of the owner, the retester

may render the cylinder incapable of holding pressure. No person may

remove or obliterate the ``CONDEMNED'' marking.

(7) Retester markings. (i) Each cylinder passing retest must be

marked with the retester's RIN set in a square pattern, between the

month and year of the retest date, in characters not less than 1/8-inch

high. The first character of the RIN must occupy the upper left corner

of the square pattern; the second in the upper right; the third in the

lower right, and the fourth in the lower left. Example: A cylinder

retested in May 1984, and approved by a retester who has been issued

identification number A123, would be marked plainly and permanently

into the metal of the cylinder in accordance with location requirements

of the cylinder

[[Page 54016]]

specification or on a metal plate permanently secured to the cylinder

in accordance with paragraph (c) of this section:

[GRAPHIC][TIFF OMITTED]TP18OC95.000

(ii) Markings of previous tests may not be obliterated. Cylinders

that are subject to the requirements of paragraphs (e)(11), (12)

(modified hydrostatic test only), (13) or (14) of this section, or the

requirements of Sec. 173.301(j) are not required to be marked with a

RIN. Variation from the marking requirement may be approved on written

request to the Associate Administrator for Hazardous Materials Safety

(DHM-32).

(8) Recordkeeping. A retester shall maintain the following records

at the retesting location, on paper or in a form from which a paper

copy can be produced on request.

(i) Records of authority to inspect, retest and mark must be

maintained, as follows:

(A) Current RIN issuance letter;

(B) If the RIN has expired and renewal is pending, a copy of the

renewal application; and

(C) Copies of notifications to RSPA required under paragraph

(e)(2)(iv) of this section.

(ii) Daily records of visual inspection and hydrostatic retest must

be maintained in chronological order for five years. A single date may

be used for each retest sheet, provided each retest on the sheet was

conducted on that date. Ditto marks or a solid vertical line may be

used to indicate repetition of the preceding entry for the following

entries: date, dimensions, manufacturer, owner, and retest operator.

Blank spaces may not be used to indicate repetition. Records must

include:

(A) For each test to demonstrate calibration, the date; serial

number of the calibrated cylinder; calibration test pressure; total,

elastic and permanent expansions; and legible identification of retest

operator. Calibrations must be recorded on the same sheets as, and in

chronological order with, retest records for that date;

(B) For each cylinder retested or visually inspected, records

containing the date; serial number; ICC/DOT specification or exemption

number; service pressure; dimensions; manufacturer (name or symbol);

owner; result of visual inspection; test pressure; total, elastic and

permanent expansions; percent permanent expansion; disposition, with

reason for retest, rejection or condemnation; and legible

identification of test operator. For each cylinder marked pursuant to

Sec. 173.302(c)(5), the retest sheet must indicate the method by which

average and maximum wall stresses were computed. Records must be kept

for all completed retests, as well as unsuccessful retests under

paragraph (e)(4)(v) of this section. The entry for a later retest under

paragraph (e)(4)(v) of this section after a failure to hold test

pressure, or retest of a cylinder requalified after rejection, must

indicate the date of the earlier inspection or retest; and

(C) Calculations of average and maximum wall stress pursuant to

Sec. 173.302(c)(3), if performed.

(iii) The most recent certificate of calibration must be maintained

for each calibrated cylinder used by the retester.

(9) A cylinder in chlorine or sulfur dioxide service made before

April 20, 1915, must be retested at 500 psi.

(10) A DOT 4-series cylinder that at any time shows evidence of a

leak or of internal or external corrosion, denting, bulging or rough

usage to the extent that it is likely to be weakened appreciably; or

that has lost five percent or more of its official tare weight; must be

retested before being recharged and shipped. (Refer to CGA Pamphlet C-6

or C-6.1, as applicable, regarding cylinder weakening). After retest,

the actual tare weight must be recorded as the new tare weight.

(11) A cylinder of 12 pounds or less water capacity authorized for

service pressure of 300 psi or less may be hydrostatically retested

without a water jacket and without determining total and permanent

expansions. The retest is successful if the cylinder, when examined

under test pressure, does not display a defect described in paragraph

(e)(6)(i)(B) or (C) of this section.

(12) A cylinder made in compliance with specification DOT 4B, DOT

4BA, DOT 4BW, DOT 4E or ICC-26-300\1\ (Secs. 178.50, 178.51, 178.61,

178.68 of this subchapter) that is used exclusively for anhydrous

dimethylamine; anhydrous methylamine; anhydrous trimethylamine; methyl

chloride; liquefied petroleum gas; methylacetylene-propadiene

stabilized; or dichlorodifluoromethane, difluoroethane,

difluorochloroethane, chlorodifluoromethane, chlorotetrafluoroethane,

trifluorochloroethylene, or mixture thereof, or mixtures of one or more

with trichlorofluoromethane; and that is commercially free from

corroding components and protected externally by a suitable corrosion

resistant coating (such as galvanizing or painting) may be retested

every 10 years (see Note 2) instead of every five years. Alternatively,

the cylinder may be subjected to internal hydrostatic pressure of at

least two times the marked service pressure without determination of

expansions (see Note 1), but this latter type of test must be repeated

every five years after expiration of the first 10-year period (see Note

2). When subjected to the latter test, the cylinder must be carefully

examined under test pressure and removed from service if a leak or

other harmful defect exists.

\1\Use of existing cylinders authorized; new construction not

authorized.

Note 1: A cylinder requalified by the modified hydrostatic test

method or external inspection must be marked after a retest or an

inspection by stamping the date of retest or reinspection on the

cylinder followed by the symbol ``E'' (external inspection) or ``S''

(modified hydrostatic test method) as appropriate.

Note 2: Until further order of the Department, the 10-year

retest period may be extended to 12 years, and the five-year retest

period may be extended to seven years after expiration of the first

12-year period.

(13) A cylinder made in conformance with a specification listed in

the table in this paragraph (e)(13) and used exclusively in the service

indicated may, instead of a periodic hydrostatic retest, be given a

complete external visual inspection at the time periodic retest becomes

due. External visual inspection in accordance with CGA Pamphlets C-6 or

C-6.1, as applicable, in addition to the other requirements of this

section, meets the requirement for visual inspection. When this

inspection is used instead of hydrostatic retesting, subsequent

inspections are required at five-year intervals after the first

inspection. Inspections shall be made only by competent persons and the

results recorded and maintained in accordance with paragraph (e)(8) of

this section. Records shall include: Date of inspection (month and

year); DOT specification number; cylinder identification (registered

symbol and serial number, date of manufacture, and owner); type of

cylinder protective coating (including statement as to need of

refinishing or recoating); conditions checked (e.g., leakage,

corrosion, gouges, dents or digs in shell or heads, broken or damaged

footring or protective ring or fire damage); disposition of cylinder

(returned to service, to cylinder manufacturer for repairs or

scrapped). A cylinder that passes inspection shall be marked with the

date in accordance with paragraph (e)(7) of this section. An ``E''

after the date indicates requalification by the

[[Page 54017]]

external inspection method. Specification cylinders must be in

exclusive service as follows:

------------------------------------------------------------------------

Cylinders made in compliance with-- Used exclusively for--

------------------------------------------------------------------------

DOT-4, DOT-3A, DOT-3AA, DOT-3A480X, DOT- Anhydrous ammonia of at

4A, DOT-4AA480. least 99.95% purity.

DOT-3A, DOT-3AA, DOT-3A480X, DOT-3B, DOT- Butadiene, inhibited, which

4B, DOT-4BA, DOT-4BW, ICC-26-240,\1\ ICC- is commercially free from

26-300\1\. corroding components.

DOT-3A, DOT-3A480X, DOT-3AA, DOT-3B, DOT- Cyclopropane which is

4A, DOT-4AA480, DOT-4B, DOT-4BA, DOT-4BW. commercially free from

corroding components.

DOT-3A, DOT-3AA, DOT-3A480X, DOT-4B, DOT- Fluorinated hydrocarbons and

4BA, DOT-4BW, DOT-4E. mixtures thereof which are

commercially free from

corroding components.

DOT-3A, DOT-3AA, DOT-3A480X, DOT-3B, DOT- Liquefied hydrocarbon gas

4B, DOT-4BA, DOT-4BW, DOT-4E, ICC-26- which is commercially free

240,\1\ ICC-26-300\1\. from corroding components.

DOT-3A, DOT-3AA, DOT-3A480X, DOT-3B, DOT- Liquefied petroleum gas

4B, DOT-4BA, DOT-4BW, DOT-4E, ICC-26- which is commercially free

240,\1\ ICC-26-300\1\. from corroding components.

DOT-3A, DOT-3AA, DOT-3B, DOT-4B, DOT-4BA, Methylacetylene-propadiene,

DOT-4BW, DOT-4E. stabilized, which is

commercially free from

corroding components.

DOT-3A, DOT-3AA, DOT-3B, DOT-4B, DOT-4BA, Anhydrous mono, di,

DOT-4BW. trimethylamines which are

commercially free from

corroding components.

DOT-4B240, DOT-4BW240..................... Ethyleneimine, inhibited.

------------------------------------------------------------------------

\1\Use of existing cylinders authorized; new construction not

authorized.

(14) A cylinder made in compliance with specification DOT-3A, DOT-

3A 480X, or DOT-4AA480 used exclusively for anhydrous ammonia,

commercially free from corroding components, and protected externally

by a suitable corrosion resistant coating (such as painting) may be

retested every 10 years instead of every five years.

(15) A cylinder not exceeding two inches outside diameter and less

than 2 feet in length is exempted from hydrostatic retest.

(16) In addition to the other requirements of this section, a

cylinder marked DOT-3HT must be requalified in accordance with CGA

Pamphlet C-8 and the following:

(i) At least once every three years, the cylinder must be subjected

to a test by hydrostatic pressure in a water jacket to determine

elastic expansion.

(ii) The cylinder must be condemned:

(A) If elastic expansion exceeds the marked rejection elastic

expansion (REE). A cylinder made before January 17, 1978, and not

marked with an REE in cubic centimeters near the marked original

elastic expansion must be so marked before the next retest date. The

REE for a cylinder is 1.05 times its original elastic expansion.

(B) If there is evidence of denting or bulging.

(C) Twenty-four years after the date of the original test or after

4,380 pressurizations, whichever occurs first. If a cylinder is

recharged, on average, more than once every other day, an accurate

record of the number of rechargings must be maintained by the cylinder

owner or his agent.

(iii) The retest date and RIN must be applied by low-stress steel

stamp to a depth no greater than that of the marking at the time of

manufacture. Stamping on the sidewall is not authorized.

(17) A cylinder made in conformance with specification DOT-3A, DOT-

3AA, DOT-3B, DOT-4A, DOT-4BA or DOT-4BW (Secs. 178.36, 178.37, 178.38,

178.49, 178.51, 178.61 of this chapter) having a service pressure of

300 psi or less that is used exclusively for methyl bromide, liquid;

mixtures of methyl bromide and ethylene dibromide, liquid; mixtures of

methyl bromide and chlorpicrin, liquid; mixtures of methyl bromide and

petroleum solvents, liquid; or methyl bromide and nonflammable,

nonliquefied compressed gas mixtures, liquid; that is commercially free

of corroding components, and that is protected externally by a suitable

corrosion resistant coating (such as galvanizing or painting) and

internally by a suitable corrosion resistant lining (such as

galvanizing) may be tested every 10 years instead of every five years,

provided that a visual internal and external examination of the

cylinder is conducted every five years in accordance with CGA Pamphlet

C-6. The cylinder must be examined at each filling, and rejected if a

dent, corroded area, leak or other condition indicates possible

weakness.

(18) A cylinder made in conformance with specification DOT-3A or

3AA, that has a water capacity not exceeding 125 pounds and that is

removed from any cluster, bank, group, rack, or vehicle each time it is

filled, may be retested every 10 years instead of every five years,

provided:

(i) The cylinder was manufactured after December 31, 1945;

(ii) The cylinder is used exclusively for air, argon, cyclopropane,

ethylene, helium, hydrogen, krypton, neon, nitrogen, nitrous oxide,

oxygen, sulfur hexafluoride, xenon, permitted mixtures of these gases

(see Sec. 173.301(a)) and permitted mixtures of these gases with up to

30 percent by volume of carbon dioxide, provided that the gas has a dew

point at or below minus 52 deg.F. at 1 atmosphere;

(iii) Before each refill, the cylinder passes the hammer test

specified in CGA Pamphlet C-6;

(iv) If since the last required hydrostatic retest the cylinder has

not been used exclusively as specified in paragraph (e)(18)(ii) of this

section, it currently conforms to the requirements of paragraphs

(e)(18) (i) and (iii) of this section and has been retested under, and

meets the criteria prescribed by, Sec. 173.302(c) (2), (3) and (4);

(v) Each cylinder is stamped with a five-point star at least one-

fourth of an inch high immediately following the test date. If a

cylinder marked with the star is used other than as specified in this

paragraph (e)(18), the star following the most recent test date must be

obliterated and the cylinder must be tested every five years;

(vi) The cylinder is dried immediately after hydrostatic testing to

remove all traces of free water; and

(vii) The cylinder is not used for underwater breathing.

(19)(i) A cylinder that previously contained a Class 8 (corrosive)

material may not be used to transport a compressed gas in commerce

unless the following requirements are met:

(A) The cylinder is visually inspected, internally and externally,

in accordance with CGA Pamphlet C-6;

(B) Regardless of the date of previous retest, the cylinder is

subjected to and passes inspection and hydrostatic retest in accordance

with this section; and

[[Page 54018]]

(C) The record prescribed in paragraph (e)(8) of this section

includes: the month and year of inspection and test; the cylinder

identification (including ICC or DOT specification number, registered

symbol, serial number, date of manufacture and owner); the conditions

checked (e.g., leakage, corrosion, gouges, dents, or digs in shell or

heads, broken or damaged footrings, fire damage) and the disposition of

the cylinder (returned to service, returned to the manufacturer for

repairs, or scrapped).

(ii) A cylinder requalified for compressed gas service in

accordance with this paragraph (e)(19) may have its next retest and

inspection scheduled from the date of the inspection and retest

prescribed in this paragraph (e). If decontamination cannot remove all

significant residue or impregnation by the Class 8 material, the

cylinder may not be used to transport compressed gas in commerce.

(20) DOT 8 and 8AL cylinders. (i) Each owner of a DOT 8 or 8AL

cylinder used to transport acetylene must have the cylinder shell and

the porous filler requalified in accordance with CGA Pamphlet C-13.

Requalification must be performed in accordance with the following

schedule:

--------------------------------------------------------------------------------------------------------------------------------------------------------

Shell (visual inspection) requalification Porous filler requalification

Date of cylinder manufacture -------------------------------------------------------------------------------------------------------------------

Initial Subsequent Initial Subsequent

--------------------------------------------------------------------------------------------------------------------------------------------------------

Before January 1, 1991.............. Before January 1, 2001...... 10 yrs.................. Before January 1, 2011...... Not required.

On or after January 1, 1991......... 10 yrs.\1\.................. 10 yrs.................. 3 to 20 yrs.\2\............. Not required.

--------------------------------------------------------------------------------------------------------------------------------------------------------

\1\Years from date of cylinder manufacture.

\2\For a cylinder manufactured on or after January 1, 1991, requalification of the porous filler must be performed no sooner than 3 years, and no later

than 20 years, from the date of manufacture.

(ii) Unless requalified and marked in accordance with CGA Pamphlet

C-13 before October 1, 1994, an acetylene cylinder must be requalified

by a person who holds a valid RIN. Each cylinder successfully passing a

shell or filler requalification must be marked with the retester's RIN

in accordance with paragraph (e)(7) of this section. In addition, the

cylinder must be marked to identify the type of requalification

performed in accordance with paragraph 4.8 of CGA Pamphlet C-13. For

example, the letter ``S'' must be used for a shell requalification and

the letter ``F'' for a porous filler requalification.

(iii) If a cylinder valve is replaced, a cylinder valve of the same

weight must be used or the tare weight of the cylinder must be adjusted

to compensate for valve weight differential.

(21) A DOT specification 4B, 4BA, 4B240ET or 4BW (Secs. 178.50,

178.51, 178.55 and 178.61 of this subchapter) cylinder used as a fire

extinguisher may be retested in accordance with requirements contained

in this paragraph (e)(21), subject to the following conditions:

(i) The cylinder is used exclusively as a fire extinguisher and

contains fire extinguishing agents such as ammonium phosphate, sodium

bicarbonate, potassium bicarbonate, potassium imido dicarboxamide and

bromochlorodifluromethane or bromotrifluoromethane that are

commercially free from corroding components. The extinguishing agents

must be expelled by gases that are nonflammable, non-poisonous, and

noncorrosive as defined under this subchapter.

(ii) As part of the periodic retest, the retester must perform an

external and internal visual inspection in accordance with CGA Pamphlet

C-6. The cylinder must be carefully examined while under test pressure.

A cylinder that passes hydrostatic retest using a water jacket method

must be marked in accordance with paragraph (e)(7) of this section or,

if using the modified hydrostatic test method, with the month and year

of retest followed by the letter ``S''. A retest must be performed 12

years after the original test date and subsequent retests must be as

follows: At a seven-year interval if the modified hydrostatic test was

last performed or at a 12-year interval if the water jacket method was

last used.

* * * * *

6. In Sec. 173.301, paragraph (j) would be revised to read as

follows:

Sec. 173.301 General requirements for shipment of compressed gases in

cylinders.\1\

\1\Requirements covering cylinders are also applicable to

spherical pressure vessels.

---------------------------------------------------------------------------

* * * * *

(j) Charging of foreign cylinders for export. (1) A cylinder

manufactured outside the United States that has not been manufactured,

inspected, tested and marked in accordance with part 178 of this

subchapter may be charged with compressed gas in the United States, and

shipped, only for export. It may be charged and shipped for export only

if it meets the following requirements, in addition to other

requirements of the subchapter:

(i) It has been inspected, tested and marked in conformance with

the procedures and requirements of Sec. 173.34(e); and

(ii) It meets the maximum filling density and service pressure

requirements of this part.

(2) The bill of lading or other shipping paper must identify the

cylinder and carry the following certification: ``This cylinder has

[These cylinders have] been retested and refilled in accordance with

DOT requirements for export.''

* * * * *

7. In Sec. 173.302, in paragraph (c)(3), the text preceding the

table and the value for ``K'' in Note 1 following the table would be

revised, and Note 3 would be added, to read as follows:

Sec. 173.302 Charging of cylinders with non-liquefied compressed

gases.

* * * * *

(c) * * *

(3) That neither the average wall stress nor the maximum wall

stress exceeds the wall stress limitation shown in the following table

(see Notes 1, 2 and 3):

* * * * *

Note 1: * * *

K=factor x 10-7 , experimentally determined for the particular

type of cylinder being tested, or derived in accordance with CGA

Pamphlet C-5;

* * * * *

Note 3: Compliance with average wall stress limitation may be

determined through computation of the elastic expansion rejection

limit in accordance with CGA Pamphlet C-5.

* * * * *

8. In Sec. 173.309, paragraph (b) would be revised to read as

follows:

Sec. 173.309 Fire extinguishers.

* * * * *

(b) Specification 3A, 3AA, 3E, 3AL, 4B, 4BA, 4B240ET or 4BW

(Secs. 178.36, 178.37, 178.42, 178.46, 178.50, 178.51, 178.55 and

178.61 of this subchapter) cylinders.

[[Page 54019]]

Issued in Washington, DC on October 11, 1995, under authority

delegated in 49 CFR part 106.

Alan I. Roberts,

Associate Administrator for Hazardous Materials Safety.

[FR Doc. 95-25584 Filed 10-17-95; 8:45 am]

BILLING CODE 4910-60-P