Periodic Inspection and Testing of Cylinders

SUMMARY: RSPA is amending the requirements contained in the Hazardous

Materials Regulations pertaining to the maintenance and requalification

of DOT specification and exemption cylinders used for transportation of

compressed gases in commerce. These changes clarify current inspection

and retest requirements, incorporate certain regulatory

interpretations, and add new provisions. The intent of these changes is

to enhance public safety by clarifying the regulations for those

persons who perform periodic inspection and testing of cylinders.

DATES: Effective date: The effective date of these amendments is

October 1, 1996.

Compliance date: Voluntary compliance with the regulations is

authorized immediately.

Incorporation by reference date: The incorporation by reference of

certain publications listed in these amendments has been approved by

the Director of the Federal Register to be effective on October 1,

1996.

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

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

Research and Special Programs Administration, Department of

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

SUPPLEMENTARY INFORMATION:

I. Background

On October 18, 1995, RSPA published a notice of proposed rulemaking

(NPRM; Notice No. 95-13; 60 FR 54008) under Docket HM-220A proposing to

amend the requirements contained in the Hazardous Materials Regulations

pertaining to the maintenance and requalification of DOT specification

and exemption cylinders used for transportation of compressed gases in

commerce. Comments were due by December 15, 1995. RSPA received several

requests to extend the comment period and, although RSPA did not extend

the comment period, it did consider late-filed comments.

RSPA received more than 30 comments, and several commenters filed

supplements to their initial comments. These comments represent the

views of various trade associations, cylinder manufacturers and owners,

compressed gas suppliers, fire safety equipment suppliers, independent

hydrostatic retest operators and manufacturers of hydrostatic retest

equipment and cylinder relief valves. All of the commenters were in

general agreement with the NPRM's clarification goal, but many

expressed concerns about specific proposals and suggested that RSPA

make additional changes.

A number of commenters requested that RSPA delay this rulemaking

and incorporate it into a future rulemaking in which RSPA will propose

the revision and reorganization of all cylinder specifications in Part

178 (Docket HM-220, Regulation Identification Number 2137-AA92; See DOT

Semiannual Regulatory Agenda, 60 FR 60296, 60434, November 28, 1995).

RSPA also intends to propose that all requirements applicable to the

inspection, retest, repair and continuing requalification of cylinders

be moved from section 173.34 to part 180. However, RSPA believes that

some of the regulatory requirements in section 173.34(e) are not

sufficiently clear and, based on safety concerns regarding retest and

condemnation procedures, are in need of immediate clarification.

Therefore, this final rule is being issued now to address the

persistent questions and problems that the regulated community

experiences in this area.

Some comments were beyond the scope of this rulemaking and thus,

not addressed in this rule; however, RSPA will, where feasible,

consider incorporating these comments in the future rulemaking. In

addition, the reorganization of section 173.34(e) will require the

correction of the section references contained in the Guidelines for

Civil Penalties (Appendix A to Subpart D of Part 107). RSPA intends to

accomplish this editorial correction in a future rulemaking.

II. Discussion of Comments

Section 173.34(e)

Revision of Retest Table

A number of commenters noted that the section references contained

in the proposed Retest and Inspection of Cylinders table (NPRM, pages

54013-14) were incorrect. The table has been revised to list the

correct section references. In addition, RSPA incorporated two

requirements previously found in section 173.34(e) (7) and (12) as

footnotes to the retest table.

In the NPRM, RSPA invited comments on whether table entries were

needed to specify retest pressure or frequency for any specification,

exemption or special permit cylinder. Although most comments supported

such a change, RSPA has not included those entries in the table at this

time. RSPA is considering, as a part of HM-220, how to provide this

information for the specification cylinders to retesters while not

expanding the table to an unmanageable size. RSPA agrees with those

commenters who recommended that the table contain a generic entry that

refers to a copy of the current exemption for the exemption cylinders.

This final rule revises the table to include such an entry.

Another commenter suggested that the following note be placed at

the end of the retest table: ``Foreign acetylene cylinders must be

tested in accordance with the same requirements as those of DOT 8,

8AL.'' This suggestion has not been adopted in this final rule because

there has not been an adequate opportunity for the public to comment on

this proposed revision. However, RSPA will consider this comment in a

future rulemaking.

General Requirements and Retester Authorization

RSPA proposed amending section 173.34(e)(1)(ii) to prohibit the

use, for transportation of a hazardous material in commerce, of a DOT

specification or exemption cylinder that is required to be periodically

inspected or tested unless the cylinder is marked with an inspection or

test date indicating that it is qualified for use. Several commenters

pointed out what they perceived as an apparent conflict between the

language proposed in section 173.34(e)(1)(ii) and the language found in

section 173.34(a)(1). Section 173.34(a)(1) prohibits a person from

charging or filling a DOT specification cylinder with a hazardous

material when the cylinder's retest date has expired, but permits the

shipment of an ``out-of-test date'' cylinder which was charged or

filled prior to the test date. The commenters stated that the proposed

language represented dramatic change to the current application of the

regulations. RSPA did not intend to change the current application of

section 173.34(e)(1)(ii), and the proposed language has been reworded

to clarify that the prohibition is against charging or filling a DOT

specification cylinder after the cylinder's retest date has expired.

[[Page 26751]]

A commenter suggested that RSPA add a new paragraph in section

173.34(e) to explicitly recognize that there are certain conditions

(e.g., corrosion or dents) that would require a cylinder to be removed

from service prior to the scheduled retest date. RSPA has not adopted

this comment because this situation is addressed adequately in section

173.34(a)(1), which states: ``A cylinder that leaks, is bulged, has

defective valves or safety devices, bears evidence of physical abuse,

fire or heat damage, or detrimental rusting or corrosion, must not be

used unless it is properly repaired * * *.''

Proposed section 173.34(e)(2) sets forth the procedure to obtain

retester authorization, in the form of a retester identification number

(RIN), and to renew that authorization. A commenter stated that the

proposed section does not specify from whom the retester is to obtain a

RIN application. RSPA agrees and has revised the regulatory language to

include this information.

A commenter requested that RSPA revise section 173.34(e)(2) to

specifically prohibit a retester from being authorized to perform

retests in mobile operated stations such as vans. RSPA has not

incorporated this comment because it is outside the scope of this

rulemaking. In addition, RSPA has no information that would demonstrate

that a retester could not comply with the applicable requirements of

the HMR using a mobile station.

Several commenters requested that RSPA clarify whether persons who

only perform visual inspections on DOT specification or exemption

cylinders need a RIN. RSPA has revised section 173.34(e)(2)(i) to

clarify that a person is not required to obtain a RIN, if the person

only performs visual inspections on DOT specification or exemption

cylinders.

In sections 173.34(e) (2)(i), (2)(iv) and (2)(v), RSPA proposed

three new requirements. First, a retester's authority to mark a

cylinder with a RIN and an inspection or test date would be contingent

on the retester operating in compliance with the terms of the RIN

issuance letter. Second, a retester would be required to inform RSPA in

writing of any change in the company's address, cylinder qualification

personnel or testing equipment within 20 days. (RSPA now imposes these

two requirements under the terms of the RIN issuance letter.) Third, a

retester would be required to maintain, at each facility where

inspection and retesting is performed, the relevant parts of 49 CFR;

copies of the current exemptions for all exemption cylinders inspected,

retested or marked; and all Compressed Gas Association (CGA) pamphlets

incorporated by reference in section 171.7 that apply to the retester's

activities.

A commenter stated that the requirement in proposed section

173.34(e)(2)(v) that a retester maintain ``current copies'' of certain

CGA publications was confusing. The commenter indicated that it was

unclear whether ``current'' referred to the most recent edition

published by the CGA or the edition incorporated in the HMR. A retester

must maintain, at each location where it inspects, retests or marks

cylinders, the edition of each CGA publication incorporated by

reference in section 171.7 that applies to retester's cylinder

inspection, retesting and marking activities. To eliminate ambiguity,

RSPA has clarified the language of this section.

Another commenter suggested that, instead of referring to a

specific CGA publication, RSPA add the language ``or a more current

edition.'' RSPA has not adopted this suggestion. Regulations of the

Office of the Federal Register require that materials incorporated by

reference must be identified by title, date, edition, author, publisher

and identification number of the publication (see 1 CFR Part 51).

Visual Inspection

Several commenters requested that additional language be added to

section 173.34(e)(3) to clarify that a visual inspection is required

each time a cylinder is retested. RSPA agrees with this comment and has

inserted additional language to clarify this existing requirement. In

addition, RSPA has added language to section 173.34(e)(2)(i) to clarify

that a person who only performs a visual inspection and marks the

cylinder with the inspection date does not need a RIN. However, CGA

petitioned RSPA (P-1090) to add the requirement that such persons

obtain a RIN. RSPA will consider this issue in the future rulemaking.

Retesting

RSPA received numerous comments concerning the retest requirements

proposed in section 173.34(e)(4). A commenter requested that RSPA

revise this section to reflect that expanding the calibrated cylinder

to the prescribed level and then checking the pressure gauge provides

the most precise indication of test system accuracy and, therefore, is

the preferred method. RSPA has not adopted this comment. There are a

number of acceptable methods that indicate test system accuracy, and

RSPA believes this choice is best left to the individual retest

operator.

Several commenters suggested revisions concerning proposed section

173.34(e)(4)(ii). One commenter stated that it is not feasible to allow

a 1 percent accuracy on the pressure-indicating device and a 1 percent

accuracy on the expansion-indicating device and achieve a 1 percent

accuracy for the total test system. The commenter stated that either

the accuracy requirements for the two components of the test system

must be reduced or the overall test system accuracy must be increased

to account for both components of the test system being at the maximum

allowable accuracy limit.

In the NPRM, RSPA was attempting to clarify two key concepts:

device accuracy (i.e., how truthfully the system displays, or records,

the actual pressure or expansion being measured) and device resolution

(i.e., the smallest incremental unit at which a measuring instrument or

system must be capable of being read, or recorded, so as to meet or

exceed the measurement accuracy requirement). RSPA proposed that a

retester compare the pressure- and expansion-indicating devices against

a calibrated standard daily to check their accuracy. However, if the

scale of the indicating device does not show the proper resolution, the

accuracy of the reading is not assured. Thus, section 173.34(e)(4)(ii)

in the NPRM proposed resolution standards for both pressure- and

expansion-indicating devices, while section 173.34(e)(4)(iii) proposed

accuracy standards for both.

The commenter has combined these two concepts and suggested that

there must be a larger range for total test system accuracy. RSPA

proposed that the pressure-indicating device and the expansion-

indicating device each have an accuracy of 0.5% and the

total test system accuracy be 1.0%. In order to achieve a

1% system accuracy, the pressure-indicating device (gauge or digital

equivalent) and the expansion-indicating device (burette or load cell)

each must be calibrated to \1/2\ of 1% within the usable range. RSPA

proposed this accuracy standard because when the system is being tested

against a known benchmark (i.e., a calibrated cylinder), the standard

is readily achievable and allows the retester to verify the structural

integrity of the cylinder.

As previously stated, this accuracy standard is separate and

distinct from the resolution standard. In a system using pressure

gauges, for example, if a pressure gauge reads only in increments of 50

psi, and the minimum prescribed test pressure for a cylinder to be

tested

[[Page 26752]]

is 1000 psi, the gauge would show insufficient resolution to determine

accuracy. A gauge with a finer scale is needed. To achieve the required

resolution, the gauge divisions should permit reading of pressures to

within 10 psi, which is 1% of the cylinder's minimum prescribed test

pressure (1000 psi). Because mid-point interpolation is permissible and

10 psi is one-half of 20 psi, a gauge of no greater than 20 psi

increments can be used for this example. Thus, whether the pressure-

indicating device meets the resolution standard is separate from

whether the device meets the accuracy standard.

In addition, RSPA proposed at section 173.34(e)(4)(iii)(A) that

``[t]he pressure indicating device * * * must permit readings of

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

cylinder to be tested.'' Several commenters opposed this requirement

and stated that the requirement should specify a range of 90%-110% of

test pressure. The commenters maintained that the NPRM's requirement

would impose a financial burden on the industry without a safety

benefit. The commenter stated that the current industry standard (CGA

Pamphlet C-1) prohibits pressuring a cylinder above 110% of the

specified test pressure. In addition, the commenter estimated that

there were approximately 1,000 test systems equipped with gauges

capable of reading 110% of the specified test pressure. The commenter

estimated the cost of replacement at $450 per gauge and the total cost

to industry of complying with this proposal to be in excess of

$500,000. Because the main goal of this rule is clarification, not

substantive change, RSPA is revising the proposed requirement and is

specifying a 90%-110% range.

RSPA requested comments on whether calibration should be required

more or less frequently than the proposed daily calibration, and

whether, for example, it is appropriate to require a calibration check

at the beginning of each shift (for those facilities operating more

than one shift per day), for each change in retest operator, or at some

other frequency. Most commenters supported the daily calibration

requirement proposed in section 173.34(e)(4)(iii). Two commenters

suggested that calibration be required at the beginning of each shift.

Another commenter indicated that it is important for each retest

operator to have actual knowledge that the retest equipment is

accurate. After reviewing the comments, RSPA has decided that the

appropriate calibration verification interval is daily and thus, when

conducting hydrostatic retests, a retest operator must verify the

calibration of the equipment at least once each 24-hour period.

In addition, one commenter suggested that proposed section

173.34(e)(4)(iv) be revised to read: ``The test equipment must be

verified to be accurate within 1% of the calibrated

cylinder's pressure * * *.'' RSPA agrees that this language clarifies

the requirement and has incorporated this language into the rule.

RSPA proposed in section 173.34(e)(4)(iii) to allow a retester to

use a method other than a calibrated cylinder if the retester receives

written authorization from the Associate Administrator for Hazardous

Materials Safety. One commenter inquired whether RSPA would grant this

authorization to each individual retest facility or whether the

authorization could be in the form of a more general notice. A retester

who seeks to use a method not specifically recognized by the HMR must

request written authorization to use that method. RSPA would review

each request and, if it found the method acceptable, grant written

authorization only to each specific retest facility requesting

approval. If RSPA found that it was receiving and authorizing numerous

requests for one particular alternative method, it would initiate a

rulemaking to incorporate the alternative method into the HMR.

Proposed section 173.34(e)(4)(v) restates the current requirements

for cylinder retesting, including the requirement to hold minimum test

pressure for at least 30 seconds and as long as necessary for full

cylinder expansion, and the prohibition on pressurizing a cylinder

above 90 percent of test pressure before a retest. When the system

apparatus fails to hold pressure after test pressure has been reached,

retest is authorized at a pressure increased by 10 percent or 100 psi,

whichever is less.

The NPRM invited comments on whether RSPA should: (1) Specify the

period of time a retest operator must wait, after applying more than 90

percent of test pressure, before a second retest, (2) limit the number

of permissible retests after apparatus failure, and (3) specify a

standard for condemnation in the event of overpressurization. Most

commenters opposed RSPA specifying requirements in any of these areas.

They cited a wide range of reasons for opposing these requirements.

Among those commenters who supported RSPA establishing standards in

these areas, there was no consensus as to what the standards should be.

After reviewing the comments, RSPA believes further evaluation is

required and is not adopting any of these standards in this rulemaking.

One commenter asked if there was a time frame between retests that

would negate the requirement to increase the retest pressure and if a

cylinder would still have to be tested at a higher test pressure if

repairs to the retest equipment took several days. At this time, RSPA

is unable to cite a specific time frame between retests that would

negate the requirement to increase the retest pressure following an

equipment failure. However, a brief passage of time, for example, where

repairs to the retest equipment take several days, would not negate the

requirement to increase the test pressure following an equipment

failure.

The commenter also asked how many times a retest could be performed

before the cylinder must be condemned due to excessive pressurization.

A cylinder must be condemned when the retest results exceed the

permanent expansion limit. Thus, once this limit is exceeded, a

retester must condemn the cylinder and no further retesting is

permitted. This final rule contains language emphasizing that a second

retest is authorized only when the testing apparatus has failed to hold

test pressure.

One commenter requested that RSPA expand the conditions under which

a second retest is permitted. The commenter requested that RSPA add

``improper procedure'' and ``operator error'' as conditions under which

a retester could repeat a retest at a higher test pressure. The

commenter stated that equipment malfunction is not the only potential

cause of an invalid test. RSPA has not adopted this comment. Such a

revision would allow a retest operator to repeat a test under any

condition by simply attributing it to ``operator error'' and to retest

until the desired results were obtained.

In addition, one commenter suggested that, at least every six

months, retest operators be required to use a dead weight or master

gauge to recalibrate the pressure gauge used for retesting. RSPA did

not propose this standard in the NPRM and questions whether a six-month

interval is the proper frequency for recalibrating the pressure gauge

when compared to the additional costs. Because the proposal exceeds the

scope of this rulemaking, and there was no opportunity for public

comment on its additional costs, RSPA is not adopting this comment.

One commenter suggested revisions to proposed section 173.34(e)(11)

(paragraph (e)(10) in this rule.) The

[[Page 26753]]

commenter inquired whether the requirements of pressure gauge accuracy,

readability and daily verification were applicable to the ``modified

hydrostatic test.'' The commenter stated that because there is only one

calibration device in the modified hydrostatic test system, there is no

reason to verify the device's accuracy on a daily basis. The fact that

the modified hydrostatic test system has only one calibration device

increases, not decreases, the need for daily verification. Therefore,

RSPA is not adopting this comment.

The commenter also requested that RSPA clarify the system

requirements for the modified hydrostatic test. RSPA has added language

to clarify that an external visual inspection is part of the modified

hydrostatic retest. In addition, as stated in section 173.34(e)(11),

the system requirements for the modified hydrostatic retest are the

same as the hydrostatic retest with the exception of the water jacket

and the determination of the cylinder's total and permanent expansions.

Marking

RSPA proposed several changes to the marking requirements contained

in section 173.34(e)(7). RSPA received a number of comments concerning

these proposed changes. One commenter stated that, as proposed, the

requirement for marking a cylinder with a RIN remains confusing and

needs to be rewritten for clarification. RSPA has reviewed the language

in proposed section 173.34(e)(7) and has made minor modifications to

improve the section's clarity.

One commenter suggested that RSPA require a retester to mark its

RIN on a cylinder regardless of the test method used. RSPA has not

adopted this comment, because this change in marking procedures was not

proposed in the NPRM and there has not been an opportunity to comment

on this additional marking burden. In addition, the commenter requested

that the marking concepts of DOT Exemption E-11372 be incorporated into

this rulemaking. RSPA has not had an opportunity to evaluate all the

effects of this comment and therefore, will consider this comment in a

future rulemaking.

Cylinder Rejection/Condemnation

RSPA received a number of comments on the proposed requirements, in

sections 173.34(e) (5) and (6).

One commenter suggested that RSPA revise the proposed language of

section 173.34(e)(5) to stress that a cylinder that has been rejected

may be requalified by repairing the defect (e.g., bad foot ring or

damaged collar). RSPA agrees and has revised this section to clarify

that a cylinder that has been rejected may be requalified by repairing

the defect.

Several commenters noted that the preamble language described the

proposed rule as requiring a condemned cylinder to be stamped with a

series of X's over the DOT specification number and service pressure or

with the word ``CONDEMNED'' on the shoulder, top head, or neck of the

cylinder was inconsistent with the regulatory language requiring a

retester to apply both markings. The proposed regulatory language was

incorrect and should have tracked the preamble language. RSPA is

revising this rule to allow the retester to decide whether to stamp a

condemned cylinder with a series of X's or the word ``CONDEMNED.''

A commenter requested that RSPA revise proposed section

173.34(e)(6)(ii) to shorten the word ``CONDEMNED'' to ``CNDMD.'' The

commenter stated that such a revision would save the retester time and

expense. RSPA recognizes that the proposed requirement will require

more time than stamping ``CNDMD''. However, the proposed language is a

better method to communicate to the public that the cylinder is not

qualified to be used for the transportation of hazardous materials and

is a better method to prevent condemned cylinders from being used to

transport hazardous materials. Within the general public, there could

be confusion concerning the meaning of ``CNDMD.'' In addition, as

stated above, the retester has the option of stamping a condemned

cylinder with a series of X's over the DOT specification number and

service pressure. However, if stamping the word ``CONDEMNED'' or a

series of X's over the DOT specification number and service pressure

would create an undue burden on a retester, then under section

173.34(e)(7), the retester can make a written request for a variation

to the marking requirement.

Another commenter inquired as to how to stamp a fully-wrapped

cylinder with the word ``CONDEMNED'' if there is not sufficient space

on the neck of the cylinder. If there is not sufficient space to stamp

the cylinder with the word ``CONDEMNED'' then, under this rule, a

retester can exercise the option of stamping a series of X's over the

DOT specification number and service pressure.

Several commenters suggested that a retester be required to mark

its RIN on a condemned cylinder. One commenter stated: ``Otherwise, a

person wishing to claim a steel cylinder for scrap metal could simply

`X' out the DOT specifications.'' RSPA is not aware that such a

practice has become a problem, and RSPA does not believe the addition

of a RIN would discourage or prevent such a practice. RSPA has not

adopted this comment because this additional step would increase the

cost of condemnation without any offsetting benefit.

One commenter stated that the CGA pamphlets cited in proposed

section 173.34(e)(6)(i)(A) do not provide sufficient information for

the retester to make an objective determination as to what would

``appreciably weaken'' a given cylinder. RSPA has reviewed each of the

CGA pamphlets incorporated by reference in section 173.34(e)(6)(i)(A)

and finds that they provide a safe minimum standard for condemnation

procedures.

RSPA received only one comment opposing the written notification

requirement for rejected and condemned cylinders in proposed sections

173.34 (e)(5)(ii) and (e)(6)(ii) (sections 173.34 (e)(5)(iii) and

(e)(6)(iii) of this rule). The commenter stated that this requirement

``would generate unnecessary paperwork and would not improve the

chances that a condemned cylinder will not be refilled.'' This written

requirement gives the cylinder's owner actual notice that the cylinder

can no longer be used to transport hazardous materials. In light of the

potential civil liability considerations, this additional step will

increase the likelihood that the cylinder owner will promptly remove

the cylinder from service involving hazardous materials.

Proposed section 173.34(e)(6)(ii) would allow a retester, at the

direction of the owner, to render the cylinder incapable of holding

pressure in some fashion (e.g., by damaging the cylinder threads or

drilling through the cylinder wall). Several commenters suggested that

RSPA add regulatory language authorizing the retester, without the

permission of the owner, to render a condemned cylinder unserviceable

by ``drilling a hole in the side or by damaging the threads.'' These

commenters stated that simply marking the cylinders with a series of

X's is not sufficient to ensure a condemned cylinder is not returned to

service.

RSPA must balance the commenters' concerns against the property

interests of the cylinder's owner. Because the cylinder in most cases

is not the property of the retester and a condemned cylinder may be

used for purposes other than the transportation of hazardous materials

in commerce, RSPA is not authorizing the retester to ``render the

cylinder incapable of holding pressure'' unless the cylinder's

[[Page 26754]]

owner has given permission to the retester.

One commenter requested that RSPA further clarify the phrase

``render the cylinder incapable of holding pressure.'' The commenter

indicated that it knew of instances ``in which cylinders that had holes

drilled in them by owners or retesters * * * were `repaired' using auto

body filler or similar material.'' The commenter recommended that the

HMR specify three actions a retester could take that would render a

condemned cylinder incapable of holding pressure. RSPA has not adopted

this comment. There are numerous actions a retester may take that would

render a cylinder incapable of holding pressure. RSPA is not mandating

any particular action but instead leaves this decision to the

discretion of the cylinder's owner or, with the permission of the

owner, the retester.

Recordkeeping

RSPA received a number of comments concerning the recordkeeping

requirements proposed in section 173.34(e)(8). RSPA proposed that the

retest record contain those entries previously required, as well as the

cylinder manufacturer's name or symbol, cylinder dimensions and

identification of the retest operator. One commenter requested that the

language proposed in section 173.34(e)(8)(ii)(B) be revised to indicate

that a retester is required to record only the information that is

marked on the cylinder. The commenter stated that millions of cylinders

are marked with only an owner's mark and are not marked with the

manufacturer's name or symbol. Another commenter requested that the

regulation allow a retester to use a code or symbol to represent the

cylinder's dimensions. The commenter also requested that RSPA add the

word ``actual'' prior to ``test pressure'' to avoid any confusion as to

whether the retest operator should record the actual test pressure or

the specified test pressure. Additionally, to clarify the recordkeeping

procedures, the commenter requested that RSPA delete the phrase

``disposition, with reason for retest'' and insert ``disposition, with

reason for any repeated test.'' RSPA agrees with each of these comments

and has made the appropriate changes.

One commenter was opposed to a requirement that retest operators

record a cylinder's dimensions. This rule does not adopt this comment

because an entry on dimensions can help distinguish between cylinders

that have the same serial numbers and capacities.

Another commenter recommended that RSPA revise the NPRM language

concerning the length of time a retester must maintain its hydrostatic

retest records. The commenter noted that RSPA proposed that records be

maintained for five years, but some cylinders have retest periods in

excess of five years. The commenter recommended retaining the current

requirement that requires retention of the records until the expiration

of the retest period or until the cylinder is reinspected or retested,

whichever occurs first. RSPA agrees with this comment and has retained

the current requirement in this final rule.

One commenter requested that RSPA change the word ``sheets'' in

section 173.34(e)(8)(ii)(A) to ``log.'' The relevant proposed language

is: ``Calibrations must be recorded on the same sheets as, and in

chronological order with, retest records for that date;''. The

commenter stated that the word ``sheets'' could be interpreted to mean

that each time a retester began recording retest information on a new

sheet, it must verify the calibration of its retest equipment. RSPA has

not adopted this comment because it believes the likelihood of such a

misunderstanding is small. The provision does not require a retester to

verify calibration each time it begins recording retest information on

a new retest sheet.

In addition, RSPA has modified its proposal to reduce the paperwork

burden on retest operators. First, as quoted above, RSPA proposed that

calibrations be recorded on the same sheets as the retest records for

that date. The rule now requires only that the retest operator be able

to demonstrate that the results of the daily calibration verification

correspond to the hydrostatic retests that were performed on that day.

Second, RSPA proposed that calibration runs be recorded, in

chronological order, with the retest records for that day. Several

commenters opposed this requirement. One commenter stated that this

requirement ``would substantially increase our expense due to lost

production and would only serve to meet the regulation.'' Another

commenter stated that it maintained its retest records according to the

name of each customer and the proposed requirement would drastically

alter its filing system.

CGA Pamphlet C-1, which is not incorporated by reference in section

171.7, recommends that retesters record calibrated cylinder expansions

used to confirm retest apparatus calibration. Calibration checks must

be recorded as a means of demonstrating that the test apparatus was

accurate on any given day. However, RSPA did not intend to

significantly increase the recordkeeping burden for retester operators,

and therefore, RSPA has not adopted the proposed requirement that a

retester maintain its retest records in chronological order. The

recordkeeping requirement now requires a retest operator to be able to

associate the daily verification(s) of calibration with the hydrostatic

retests performed on that date.

One commenter was opposed to the proposed revision of section

173.34(e)(8)(ii)(B) because it interpreted the NPRM as requiring the

retest operator to sign the retest sheet each time the retest operator

recorded the results of a hydrostatic retest. This section does not

require a retest operator to sign the retest sheet each time the retest

operator records the results of a hydrostatic retest. RSPA agrees with

the commenter that such a requirement would be ``a waste of time and

paper space.'' Section 173.34(e)(8)(ii)(B) requires that, for each

cylinder retested or visually inspected, the retest record must contain

a legible identification of test operator. Thus, if the retest operator

performed all the retests recorded on a particular retest sheet, this

section requires a retest operator to be legibly identified only once

on the retest sheet. There is no requirement that the retest operator

sign the sheet each time a retest is completed.

Proposed section 173.34(e)(8)(i) requires each retester to maintain

at its facility its RIN issuance letter from RSPA, a copy of its

renewal request if the request is pending, copies of notifications to

RSPA of changes in its name, address, personnel or equipment which

occurred after issuance of the most recent RIN letter, and the most

recent certificates of calibration for all calibrated cylinders.

One commenter stated that the requirement ``to maintain specific

documentation is unnecessary so long as the retester can provide

equivalent documentation * * *.'' RSPA has not adopted this comment

because section 173.34(e)(8) provides that a person shall maintain its

RIN issuance letter, request for renewal if pending, copies of

notifications to RSPA of changes in its name, address, personnel or

equipment which occurred after issuance of the most recent RIN letter,

and the most recent certificates of calibration for all calibrated

cylinders in paper form ``or in a form from which a paper copy can be

produced on request.'' Thus, a person can maintain this documentation

in an electronic medium (e.g., computer records) provided the person

can produce a paper copy upon request. In

[[Page 26755]]

addition, it is unclear what specific items would serve as the

``equivalent documentation.'' This phrase is subject to broad

interpretation and lacks definition. RSPA's retester inspections

indicate that maintenance of these documents is standard retester

operating practice because of the requirement presently found in the

RIN issuance letter. Furthermore, this requirement facilitates a prompt

determination whether the retester is complying with the HMR.

DOT 4-series Cylinders

One commenter recommended three revisions to proposed section

173.34(e)(10). First, the commenter requested a revision to clarify

that all DOT 4L cylinders are excluded from the requirements of this

paragraph because these cylinders are excluded from requalification

requirements. RSPA agrees and has adopted this comment. The revised

language now appears in section 173.34(e)(9) of this rule.

Second, the commenter recommended that RSPA add a sentence to

proposed paragraph (e)(10) that would prohibit the removal of a DOT 4L

cylinder's original stamped tare weight. The commenter stated that if

the original stamped tare weight is removed and then there is a series

of tare weight changes, it is difficult to determine if the cylinder

has lost 10 percent of its original weight (rejection criterion for

DOT-4 series cylinders). This was not suggested in the NPRM and is not

adopted in this rulemaking because RSPA requires additional time to

study the merits of the proposal. RSPA will consider this proposal in a

future rulemaking.

Third, this commenter suggested that for inspection of DOT 4L

cylinders, a more appropriate CGA reference for proposed paragraph

(e)(10) is CGA Pamphlet C-6.3 and not C-6.1 as proposed in the NPRM.

RSPA agrees and has revised the CGA reference which now appears in

section 173.34(e)(9) of this rule.

Another commenter suggested that a number of hazardous materials be

added to the materials listed in proposed paragraphs (e) (12) and (13).

This was not suggested in the NPRM and is not adopted in this

rulemaking because RSPA requires additional time to study the merits of

the proposal.

Two commenters stated that the proposed language in section

173.34(e)(18)(iv) provides a ``loophole'' wherein certain cylinders

that exceed the wall stress limitation in section 173.302(c)(3), but

subsequently confined to a specified noncorrosive gas service, would be

allowed a ten year requalification. RSPA agrees and this result was not

the intent of the proposed rule. Thus, RSPA has revised the rule to

clarify that, in addition to other requirements, a cylinder that is not

used exclusively in specific noncorrosive gas services must be retested

and examined in accordance with the requirements of section 173.302(c)

(2), (3) and (4), before the periodic retest interval can be extended

from five to ten years. In addition, the tested cylinder must be

confined to specified noncorrosive gas services in order to qualify for

the ten year retest cycle. The revised language now appears in section

173.34(e)(16) of this rule.

Section 173.301

Foreign Cylinders for Export

Several commenters suggested that markings on foreign cylinders

contain the RIN. RSPA has not adopted this comment because the marking

of a RIN on these cylinders could lead to confusion between these

foreign cylinders and those authorized for use in domestic hazardous

materials transportation.

One commenter requested that RSPA revise the language proposed in

section 173.301(j)(2) to require that the bill of lading or other

shipping paper, ``when possible,'' identify the cylinder. RSPA has not

adopted this comment, because it would create a loophole that would

allow a person to ship cylinders for export without the cylinders being

identified on an accompanying shipping paper. This lack of

documentation would make it difficult to determine whether the shipment

of cylinders complied with the HMR export requirements. In addition,

such a provision would render the certification that the cylinders were

retested and refilled in accordance with the HMR requirements

meaningless. A person could simply state that ``it was not possible''

to identify a particular cylinder on the shipping paper and thus, the

certification could not be associated with the particular cylinder.

The commenter also requested that RSPA revise section 173.301(j) to

allow cylinders currently retested, but not marked, to continue in

service without being returned for re-marking. According to the

commenter, without this revision, cylinders meeting the other

requirements in this section, but not marked, would not be allowed to

continue in service. RSPA recognizes that this rule would require some

cylinders previously tested to be retested. This requirement may cause

practical problems for certain members of the regulated community.

Therefore, RSPA has revised the proposed language. If the previous

testing can be verified, then the person can utilize the language in

section 173.301(j)(1)(i) which allows, on a case-by-case basis, for

authorization of an alternative method of qualification by Associate

Administrator for Hazardous Materials Safety.

Section 173.302

Computing Wall Stress for Overfill Authorization

RSPA proposed requiring a retester to compute both a cylinder's

average and maximum wall stress prior to overfilling the cylinder.

Several commenters opposed the proposed change stating that there is no

need to make both calculations and that one calculation, as presently

required, is sufficient. RSPA agrees with the commenters and is not

adopting this change.

In the NPRM, RSPA invited comments on whether other methods not

presently authorized by paragraph (c)(3) may be used to compute

accurately the average or maximum wall stress (60 FR 54011). One

commenter requested that language be added to paragraph (c)(3) to

permit the person computing the wall stress to rely, if present, on the

Rejection Elastic Expansion (REE) values stamped on the cylinder. The

commenter stated: ``It is now common practice for manufacturers to

include stamped REE values on new cylinders * * *.'' RSPA has not had

an opportunity to consider all the possible effects that might result

from the adoption of this proposal. Therefore, RSPA will consider this

comment in a future rulemaking.

Section 173.309

Retest Requirements for Fire Extinguishers

Current section 173.309 prescribes DOT specification cylinders

authorized for transportation under the description ``Fire

extinguishers containing compressed or liquefied gas, 2.2, UN1044''

when certain conditions are met. Section 173.309(b)(1) states that the

cylinder must be used exclusively for fire extinguishing agents such as

ammonium phosphate, sodium bicarbonate, potassium bicarbonate,

potassium imido dicarboxamide and bromochlorodifluromethane or

bromotrifluromethane, which are commercially free from corroding

components. In the NPRM, RSPA proposed to move section 173.309(b)(1) to

section 173.34(e)(21). The proposed change was in response to a

petition for rulemaking (P-1216) submitted by the Fire Equipment

Manufacturers'

[[Page 26756]]

Association, Inc. (FEMAI) requesting that RSPA move the retest

conditions to section 173.34(e). FEMAI stated this change would clarify

that fire extinguishers charged with carbon dioxide only do not qualify

for the special retest provisions in current section 173.34(e)(18).

RSPA also proposed to remove from section 173.309(b)(2) a limitation on

the dew point for propellant gases.

In this final rule, RSPA has removed section 173.309(b)(4),

containing a reference to the retest provisions in section 173.34, but

is not adopting the other proposed changes to section 173.309(b). The

conditions identifying the contents authorized for fire extinguishers

are shipper requirements rather than retest requirements and,

therefore, are retained in section 173.309(b). However, paragraph

(b)(1) is revised to permit the use of any fire extinguishing medium

that is non-flammable, non-poisonous, and commercially free from

corroding components. Any fire extinguisher containing a fire

extinguishing medium or propellant gas not meeting the requirements in

paragraphs (b) (1)and (2) may not be shipped under these provisions.

Several commenters to the NPRM noted that proposed section

173.34(e)(21) does not allow a 12-year retest period for cylinders

having a water capacity of 12 lbs. or less regardless of the retest

method. The commenters requested that RSPA revise the paragraph to add

this provision. RSPA inadvertently omitted the language from the NPRM.

In this final rule, RSPA has added the 12-year retest period and moved

the fire extinguisher retest provisions to section 173.34(e)(19).

In the NPRM, reference to DOT 3A, 3AA and 3AL cylinders were not

included in the fire extinguisher retest provisions in proposed section

173.34(e)(21). RSPA has added the retest provision for these cylinders

in section 173.34(e)(19)(ii) of this final rule. These cylinders may be

hydrostatically retested using the water jacket method at 12-year

intervals.

Miscellaneous Technical Revisions to Part 173

The NPRM proposed a provision encouraging voluntary compliance with

CGA Pamphlet S-1.1.1, paragraph 9.1.1.1, which specifies the

replacement or requalification of pressure relief valves, on certain

DOT cylinders every 10 years. The National Propane Gas Association

(NPGA) submitted comments stating that the propane industry has

experienced no problems with these pressure relief valves and that RSPA

should not ``encourage'' the replacement of these pressure relief

valves. In addition, NPGA opposed this proposal, despite its permissive

nature, because NPGA believes that State and local enforcement

officials would attempt to enforce this permissive standard and this

result along with liability costs would make this a ``de facto

mandate.'' NPGA also stated that its analysis indicates that the

periodic replacement of these pressure relief valves would cost the

industry in excess of $60 million per year.

RSPA proposed this permissive standard in order to encourage the

periodic replacement of pressure relief valves. One commenter agreed

with RSPA's efforts to encourage the practice and suggested RSPA make

it a mandatory requirement. The commenter cited a Canadian standard as

precedent. RSPA believes a number of pressure relief valves deteriorate

over time-in-service and that most members of the regulated community

recognize the need for periodic replacement of these valves. RSPA does

not believe that State and local enforcement officials would attempt to

enforce this permissive standard. However, based on NPGA's concerns

about the effect this permissive standard would have on the issue of

liability, the amount of time required to gather and analyze incident

data and the time required to verify NPGA's cost estimates, RSPA is

deleting the permissive reference to CGA Pamphlet S-1.1.1, paragraph

9.1.1.1. RSPA will consider this issue in a future rulemaking.

In addition, one commenter proposed that throughout section

173.34(d) the phrase ``safety relief devices'' be revised to read

``pressure relief devices.'' The commenter stated: ``The use of the

word `pressure' in lieu of the word `safety' is preferred because

`pressure relief' describes the function of the device.'' RSPA agrees

with this editorial amendment and has made the appropriate changes. In

addition, the commenter suggested adding the metric equivalents to the

English measurements in the paragraph. RSPA will consider this comment

in a future rulemaking.

The same commenter also suggested several amendments that in RSPA's

view were more than editorial comments and thus, beyond the scope of

the present rulemaking. These include suggestions that RSPA add a

sentence to section 173.34(d) that would require that selection of

pressure relief devices for cylinders containing compressed gas

mixtures be made in accordance with CGA Pamphlet S-7; add ``flammable,

liquefied compressed gases'' to section 173.34(d)(7), and add a new

paragraph allowing Classes 3 or 8 materials to be transported in

cylinders that are not under pressure and not equipped with pressure

relief devices. CGA Pamphlet S-7 has not been incorporated by reference

and RSPA is uncertain of the impact of such an amendment. In addition,

RSPA needs additional time to review those materials in Classes 3 and 8

which have a high vapor pressure at temperatures normally related to

transportation and therefore, may require a pressure relief device.

Moreover, these proposals were not suggested in the NPRM and are not

adopted in this rulemaking because there has been no opportunity for

public comment on them.

Another commenter stated that ``[a]n effort should be made to use

the same terminology between the DOT regulations and the CGA Pamphlets

referenced therein.'' RSPA agrees and has made an effort to harmonize

the terminology.

III. Rulemaking Analyses and Notices

1. Executive Order 12866 and DOT Regulatory Policies and Procedures

This rule is not considered a significant regulatory action under

section 3(f) of Executive Order 12866 and was not reviewed by the

Office of Management and Budget. The rule is not considered significant

under the Regulatory Policies and Procedures of the Department of

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

minimal to the extent that preparation of a regulatory evaluation is

not warranted.

2. Executive Order 12612

This rule has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612 (``Federalism''). Federal

law expressly preempts State, local, and Indian tribe requirements

applicable to the transportation of hazardous material that cover

certain subjects and are not ``substantively the same'' as the Federal

requirements. 49 U.S.C. 5125(b)(1). These covered subjects are:

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

material;

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

placarding of hazardous material;

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

related to hazardous material and requirements respecting the number,

contents, and placement of those documents;

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

unintentional

[[Page 26757]]

release in transportation of hazardous material; and

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

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

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

in transporting hazardous material.

This rulemaking addresses the maintenance and testing of a

packaging represented as qualified for use in the transportation of

hazardous material. Therefore, the rule preempts State, local and

Indian tribe requirements that are not ``substantively the same'' as

Federal requirements on these subjects. Section 5125(b)(2) of Title 49

U.S.C. provides that when DOT issues a regulation concerning any of the

covered subjects after November 16, 1990, DOT must determine and

publish in the Federal Register the effective date of Federal

preemption. The effective date may not be earlier that the 90th day

following the date of issuance of the final rule and no later than two

years after the date of issuance. RSPA has determined that the

effective date of Federal preemption of this final rule is October 1,

1996. Because RSPA lacks discretion in this area, preparation of a

federalism assessment is not warranted.

3. Regulatory Flexibility Act

I certify that this rule will not have a significant economic

impact on a substantial number of small entities. This rule applies to

persons who inspect, retest and certify cylinders used to transport

hazardous materials. These persons include a number of small

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

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

adverse economic impacts for small units of government or other

organizations.

4. Paperwork Reduction Act

This final rule changes information collection requirements in

section 173.34 pertaining to testing, inspecting and marking of

cylinders which were previously approved by the Office of Management

and Budget under OMB control number 2137-0022. RSPA is requesting

reinstatement and revision of this approval from OMB and will display

the control number, through publication in the Federal Register, when

it is approved by OMB. Public comment on this request was invited

through publication of a Federal Register notice on March 5, 1996 (61

FR 8706). Under the Paperwork Reduction Act of 1995, no person is

generally required to respond to a requirement for collection of

information unless the requirement displays a valid OMB control number.

5. Regulation Identifier Number

A regulation identifier number is assigned to each regulatory

action listed in the Unified Agenda of Federal Regulations. The

Regulatory Information Service Center publishes the Unified Agenda in

April and October of each year. The regulation identifier number

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

reference this action with the Unified Agenda.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste,

Imports, Incorporation by reference, Reporting and recordkeeping

requirements.

49 CFR Part 173

Hazardous materials transportation, Packaging and containers,

Radioactive materials, Reporting and recordkeeping requirements,

Uranium.

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

amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

1. The authority citation for part 171 continues to read as

follows:

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

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

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

13, and S-1.1 are revised and four new entries are added in alpha-

numerical order, to read as follows:

Sec. 171.7 Reference material.

(a) * * *

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

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

Source and name of material 49 CFR reference

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

* * * *

* * *

Compressed Gas Association, Inc.,

* * * *

* * *

CGA Pamphlet C-5, Cylinder Service Life-- 173.302

Seamless Steel High Pressure Cylinders,

1991.

CGA Pamphlet C-6, Standards for Visual 173.34; 180.519

Inspection of Steel Compressed Gas

Cylinders, 1993.

CGA Pamphlet C-6.1, Standards for Visual 173.34

Inspection of High Pressure Aluminum

Compressed Gas Cylinders, 1995.

CGA Pamphlet C-6.2, Guidelines for Visual 173.34

Inspection and Requalification of Fiber

Reinforced High Pressure Cylinders, 1988.

CGA Pamphlet C-6.3, Guidelines for Visual 173.34

Inspection and Requalification of Low

Pressure Aluminum Compressed Gas

Cylinders, 1991.

* * * *

* * *

CGA Pamphlet C-13, Guidelines for Periodic 173.34; 173.303

Visual Inspection and Requalification of

Acetylene Cylinders, 1992.

* * * *

* * *

CGA Pamphlet S-1.1., Pressure Relief Device 173.34

Standards--Part 1--Cylinders for

Compressed Gases, 1994 (with the exception

of paragraph 9.1.1.1).

* * * *

* * *

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

[[Page 26758]]

* * * * *

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

PACKAGINGS

3. The authority citation for Part 173 continues to read as

follows:

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

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

as follows:

Sec. 173.23 Previously authorized packaging.

* * * * *

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

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

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

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

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

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

proximity to the special permit or exemption marking.

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

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

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

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

or exemption marking.

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

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

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

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

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

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

appear in proximity to other required special permit or exemption

markings.

* * * * *

5. In Sec. 173.34, paragraph (d)(7) is removed, the first sentence

of the introductory text of paragraph (d), paragraphs (d)(1) through

(d)(5) and paragraph (e) are revised, and paragraph (d)(6) is added to

read as follows:

Sec. 173.34 Qualification, maintenance and use of cylinders.

* * * * *

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

charged with a compressed gas for transportation in commerce unless the

cylinder is equipped with one or more pressure relief devices sized and

selected as to type, location, and quantity and tested in accordance

with CGA Pamphlet S-1.1 (compliance with paragraph 9.1.1.1 of CGA

Pamphlet S-1.1 is not required). * * *

(1) Except as provided in paragraphs (d)(1) (i) through (iii) of

this section, a pressure relief device is not required on a cylinder 12

inches or less in length, exclusive of neck, and 4\1/2\ inches or less

in outside diameter.

(i) A pressure relief device is required on a specification 9, 39

(Sec. 178.65 of this subchapter), 40, or 41 cylinder. A metal pressure

relief valve is required on a specification 39 cylinder used for a

liquefied flammable gas. A fusible pressure relief device is not

authorized on a specification 39 cylinder containing a liquefied

compressed gas.

(ii) A pressure relief device is required on a cylinder charged

with a liquefied gas for which this part requires a service pressure of

1800 psi or higher.

(iii) A pressure relief device is required on a cylinder charged

with a nonliquefied gas to a pressure of 1,800 psi or higher at 70

deg.F.

(2) Except for a specification 39 cylinder and a cylinder used for

acetylene in solution, a pressure relief device is not required on a

cylinder charged with a nonliquefied gas under pressure of 300 psi or

less at 70 deg.F.

(3) A pressure relief device is prohibited on a cylinder charged

with a Division 2.3 or Division 6.1 material in Hazard Zone A.

(4) A pressure relief device is prohibited on a cylinder charged

with fluorine.

(5) A pressure relief device is not required on a cylinder charged

with methyl mercaptan; with mono-, di-, or trimethylamine, anhydrous;

with not over 10 pounds of nitrosyl chloride; or with less than 165

pounds of anhydrous ammonia.

(6) Pressure relief devices, if used, must be in the vapor space of

cylinders containing pyroforic liquids, inorganic or organic, n.o.s.,

covered by Sec. 173.124.

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

that becomes due for periodic retest as specified in the following

table must be retested and marked in conformance with the requirements

of this paragraph (e):

Retest and Inspection of Cylinders \1\

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

Specification under which

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

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

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

DOT-3A, 3AA................... 5/3 times service pressure, except non- 5, 10, or 12 (see Sec. 173.34

corrosive service (see Sec. (e)(14), (e)(12), (e)(16), and

173.34(e)(13)). (e)(19)).

DOT-3AL....................... 5/3 times service pressure............... 5 or 12 (see (e)(19)).

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

3B, 3BN....................... 2 times service pressure (see Sec. 5 or 10 (see Sec. 173.34(e)(12)).

173.34(e)(13)).

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

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

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

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

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

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

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

173.34(e)(13)).

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

173.34(e)(13)).

4B, 4BA, 4BW, 4B-240ET........ 2 times service pressure, except non- 5, 10 or 12 (see Sec. 173.34

corrosive service (see Sec. (e)(11), (e)(12) and (e)(19)).

173.34(e)(13)).

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

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

DOT-4E........................ 2 times service pressure, except non- 5.

corrosive service (see Sec.

173.34(e)(13)).

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

8, 8AL........................ ......................................... 10 or 20 (see Sec. 173.34(e)(18)).

DOT-9......................... 400 p.s.i. (maximum 600 p.s.i.).......... 5.

[[Page 26759]]

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

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

p.s.i.

26 for filling at 450 p.s.i. 2 times service pressure, except non- 5 or 10 (see Sec. 173.34(e)(11)).

and below. corrosive service (see Sec.

173.34(e)(13)).

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

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

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

Foreign cylinder (see Sec. As marked on the cylinder, but not less 5.

173.301(j) for restrictions than 5/3 of any service or working

on use). pressure marking.

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

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

hydrostatic retest.

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

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

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

specification marking (including a cylinder remarked in conformance

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

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

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

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

in conformance with this section and the terms of the applicable

exemption, at the frequency specified in the exemption.

(ii) No cylinder required to be retested by paragraph (e)(1)(i) of

this section may be charged or filled with a hazardous material and

transported in commerce unless that cylinder has been inspected and

retested in accordance with this section and the retester has marked

the cylinder by stamping the date of retest, the cylinder retester

identification number unless excepted under this section, and any other

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

retester identification number on a DOT specification or exemption

cylinder unless all applicable requirements of this section have been

met.

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

a test date or retester identification number, or otherwise represent

that a DOT specification or exemption cylinder has been retested under

this section, unless that person holds a current retester

identification number issued by the Associate Administrator for

Hazardous Material Safety and operates in compliance with the terms of

the retester identification number issuance letter. With the exception

of visual inspections, all functions under this section must be

performed or supervised by an individual named as qualified in the

retester identification number application or a notification pursuant

to paragraph (e)(2)(iv) of this section. A person is not required to

obtain a retester identification number, if the person only performs

visual inspections on DOT specification or exemption cylinders.

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

arrange for an independent inspection agency, approved by the Associate

Administrator for Hazardous Material Safety pursuant to Sec. 173.300a,

to inspect its retest facility. The person seeking approval shall bear

the cost of the inspection. Independent inspection agencies are not

RSPA agents or representatives. A list of approved independent

inspection agencies is available from the Associate Administrator for

Hazardous Materials Safety, Office of Hazardous Materials Exemptions

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

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

Assistance in obtaining an approval may be requested from the same

address.

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

letter of recommendation and inspection report from the independent

inspection agency and a completed request for approval to the Associate

Administrator for Hazardous Materials Safety at the address listed in

this paragraph (e)(2)(ii). An applicant must include the following

information: company name; facility location; mailing address (if

different from location of facility); business telephone number; name

of facility manager; the DOT specification/exemption cylinders that

will be tested at the facility; a certification that the facility will

operate in compliance with the applicable requirements of this

subchapter, the date and an authorized signature.

(B) The Associate Administrator for Hazardous Materials Safety

reviews the application, the inspection report and recommendation

submitted by the independent inspection agency, and other available

information. The Associate Administrator for Hazardous Materials Safety

issues a retester identification number upon a finding that the

applicant's facility and qualifications are adequate to properly

inspect, test and mark cylinders under this section. Unless otherwise

provided in the retester identification number issuance letter, a

retester identification number expires five years from the date of

issuance.

(iii) An approved retester shall apply for retester identification

number renewal in a timely manner. A new inspection report and

recommendation of an independent inspection agency are required for

each renewal. If the Associate Administrator for Hazardous Materials

Safety receives a renewal application with the accompanying inspection

report and recommendation at least 50 days before expiration of the

retester identification number, the retester identification number

remains in effect until the Associate Administrator for Hazardous

Materials Safety issues a renewal or notifies the retester that its

request for renewal of the retester identification number is denied.

The Associate Administrator for Hazardous Materials Safety considers

renewal of a retester identification number in accordance with the

standard in paragraph (e)(2)(ii)(B) of this section.

(iv) The retester identification number holder shall report in

writing any change in its name, address, ownership, testing equipment,

or management or personnel performing any function under this section,

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

within 20 days of the change. A retester identification number remains

valid only if the retester's facility and qualifications are maintained

at or above the level

[[Page 26760]]

observed at the time of inspection by the independent inspection

agency.

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

inspects, retests or marks cylinders under this section:

(A) Current copies of those portions of this subchapter that apply

to its cylinder inspection, retesting and marking activities at that

location.

(B) Current copies of all exemptions governing exemption cylinders

inspected, retested or marked by the retester at that location.

(C) Copies of each CGA pamphlet incorporated by reference in

Sec. 171.7 of this subchapter that applies to the retester's cylinder

inspection, retesting and marking activities at that location. The

publication maintained must be the edition incorporated by reference in

Sec. 171.7 of this subchapter.

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

section, each time a cylinder is retested, it must be visually

inspected, internally and externally, in accordance with CGA Pamphlets

C-6, C-6.1, C-6.2, or C-6.3, as applicable. The cylinder must be

approved, rejected or condemned according to the criteria in the

applicable CGA pamphlet. Internal inspection may be omitted for

cylinders of the type and in the service described under paragraph

(e)(13) of this section. DOT 3BN cylinders must be inspected in

accordance with CGA Pamphlet C-6.

(4) Pressure retest. (i) Unless otherwise provided, each cylinder

required to be retested under this section must be retested by means

suitable for measuring the expansion of the cylinder under pressure.

Bands and other removable attachments must be loosened or removed

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

directions.

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

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

pressure of each cylinder tested, except that for an analog device,

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

expansion-indicating device of the testing apparatus must also permit

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

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

larger. Midpoint visual interpolation is permitted.

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

using a calibrated cylinder or other method authorized in writing by

the Associate Administrator for Hazardous Materials Safety that:

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

apparatus, is accurate within 1.0% of the prescribed test

pressure of any cylinder tested that day. The pressure indicating

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

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

readings of pressure from 90%-110% of the minimum prescribed test

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

indicating device within the test system can be demonstrated at any

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

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

pressures below 3000 psi; and

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

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

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

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

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

full scale.

(iv) The test equipment must be verified to be accurate within

1.0% of the calibrated cylinder's pressure and

corresponding expansion values. This may be accomplished by bringing

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

calibrated cylinder used and verifying that the resulting total

expansion is within 1.0% of the total expansion shown on

the calibration certificate. Alternatively, calibration may be

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

calibration certificate for the calibrated cylinder used and verifying

that the resulting pressure is within 1.0% of the pressure

shown on the calibration certificate. The calibrated cylinder must show

no permanent expansion. The retester shall demonstrate calibration in

conformance with this paragraph (e)(4) to an authorized inspector on

any day that it retests cylinders. A retester shall maintain calibrated

cylinder certificates in conformance with paragraph (e)(8)(iii) of this

section.

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

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

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

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

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

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

authorize retest of a cylinder otherwise required to be condemned under

paragraph (e)(6) of this section.

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

on visual inspection, it meets a rejection standard in CGA Pamphlets C-

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

(ii) Except as provided in paragraph (e)(5)(iv) of this section, a

cylinder that is rejected may not be marked as meeting the requirements

of this section.

(iii) When a cylinder is rejected, the retester shall notify the

cylinder owner, in writing, that the cylinder has been rejected and,

unless requalified as provided in paragraph (e)(5)(iv) of this section,

may not be filled with a hazardous material for transportation in

commerce where use of a specification packaging is required.

(iv) A rejected cylinder with a service pressure of less than 900

psig may be requalified and marked if the cylinder is repaired or

rebuilt and subsequently reinspected and retested in conformance with--

(A) CGA Pamphlets C-6, C-6.1, C-6.2, or C-6.3, as applicable;

(B) Parts 173 and 178 of this subchapter;

(C) Any exemption specific to that cylinder; and

(D) Any approval required under paragraphs (i) and (l) of this

section.

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

(A) On inspection, it meets a condition for condemnation in CGA

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

(B) The cylinder leaks through its wall;

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

likely to be weakened appreciably;

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

cylinder, permanent expansion exceeds 10 percent of total expansion;

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

percent of total expansion;

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

limit in the applicable exemption, or the cylinder meets another

criterion for condemnation in the applicable exemption; or

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

the marked rejection elastic expansion.

(ii) When a cylinder is required to be condemned, the retester

shall stamp a series of X's over the DOT specification number and the

marked service pressure or stamp ``CONDEMNED'' on the shoulder, top

head, or neck using a steel stamp. Alternatively, at the direction of

the owner, the retester may render the cylinder incapable of holding

pressure.

(iii) When a cylinder is required to be condemned, the retester

shall notify the cylinder owner, in writing, that the

[[Page 26761]]

cylinder is condemned and may not be filled with hazardous material for

transportation in commerce where use of a specification packaging is

required.

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

material for transportation in commerce where use of a specification

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

of this section or any DOT exemption. No person may remove or

obliterate the ``CONDEMNED'' marking.

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

marked with the retester's identification number set in a square

pattern, between the month and year of the retest date, in characters

not less than \1/8\-inch high. The first character of the retester

identification number must appear in the upper left corner of the

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

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

in May 1994, and approved by a person who has been issued retester

identification number ``A123'', would be marked plainly and permanently

into the metal of the cylinder in accordance with location requirements

of the cylinder specification or on a metal plate permanently secured

to the cylinder in accordance with paragraph (c) of this section:

[GRAPHIC] [TIFF OMITTED] TR28MY96.000

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

that is subject to the requirements of paragraph (e) (10), (11)

(modified hydrostatic test only), (13) or (14) of this section is not

required to be marked with a retester identification number. A cylinder

requalified by the modified hydrostatic test method or external

inspection must be marked after a retest or an inspection by stamping

the date of retest or reinspection on the cylinder followed by the

symbol ``E'' (external inspection) or ``S'' (modified hydrostatic test

method) as appropriate. However, a cylinder subject to the requirements

of Sec. 173.301(j) may not be marked with a retester identification

number. Variation from the marking requirement may be approved on

written request to the Associate Administrator for Hazardous Materials

Safety.

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

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

copy can be produced on request.

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

maintained, as follows:

(A) Current retester identification number issuance letter;

(B) If the retester identification number has expired and renewal

is pending, a copy of the renewal request; and

(C) Copies of notifications to Associate Administrator for

Hazardous Materials Safety required under paragraph (e)(2)(iv) of this

section.

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

be maintained until either the expiration of the retest period or until

the cylinder is again reinspected or retested, whichever occurs first.

A single date may be used for each retest sheet, provided each retest

on the sheet was conducted on that date. Ditto marks or a solid

vertical line may be used to indicate repetition of the preceding entry

for the following entries: date; actual dimensions or a symbol; if

present, manufacturer's name or symbol; if present, owner's name or

symbol and retest operator. Blank spaces may not be used to indicate

repetition of a prior entry. Records must include--

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

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

elastic and permanent expansions; and legible identification of retest

operator. The retest operator must be able to demonstrate that the

results of the daily calibration verification correspond to the

hydrostatic retests that were performed on that day. The daily

verification of calibration(s) may be recorded on the same sheets as,

and with, retest records for that date;

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

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

number; service pressure; actual dimensions or a symbol; if present,

manufacturer's name or symbol; if present, owner's name or symbol;

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

permanent expansions; percent permanent expansion; disposition, with

reason for any repeated retest, rejection or condemnation; and legible

identification of test operator. For each cylinder marked pursuant to

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

any average or maximum wall stress was computed. Records must be kept

for all completed retests, as well as unsuccessful retests under

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

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

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

indicate the date of the earlier inspection or retest; and

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

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

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

for each calibrated cylinder used by the retester.

(9) DOT 4-series cylinders. A DOT 4-series cylinder, except 4L

cylinders, that at any time shows evidence of a leak or of internal or

external corrosion, denting, bulging or rough usage to the extent that

it is likely to be weakened appreciably; or that has lost five percent

or more of its official tare weight must be retested before being

recharged and shipped. (Refer to CGA Pamphlet C-6 or C-6.3, as

applicable, regarding cylinder weakening.) After retest, the actual

tare weight must be recorded as the new tare weight.

(10) Cylinders 12 pounds or less with service pressures of 300 psi

or less. A cylinder of 12 pounds or less water capacity authorized for

service pressure of 300 psi or less must be given a complete external

visual inspection at the time periodic retest becomes due. External

visual inspection must be in accordance with CGA Pamphlet C-6 or C-6.1.

The cylinder may be hydrostatically retested without a water jacket and

without determining total and permanent expansions. The retest is

successful if the cylinder, when examined under test pressure, does not

display a defect described in paragraph (e)(6)(i) (B) or (C) of this

section.

(11) Modified hydrostatic retest. A cylinder made in compliance

with specification DOT 4B, DOT 4BA, DOT 4BW, DOT 4E or ICC-26-300

2 (Secs. 178.50, 178.51, 178.61, 178.68 of this subchapter) that

is used exclusively for anhydrous dimethylamine; anhydrous methylamine;

anhydrous trimethylamine; methyl chloride; liquefied petroleum gas;

methylacetylene-propadiene stabilized; or dichlorodifluoromethane,

difluoroethane, difluorochloroethane, chlorodifluoromethane,

chlorotetrafluoroethane, trifluorochloroethylene, or mixture thereof,

or mixtures of one or more with trichlorofluoromethane; and that is

commercially free from corroding components and protected externally by

a suitable corrosion-resistant coating (such as galvanizing or

painting) may be given a hydrostatic retest every 12 years instead of

every five years. Alternatively, the cylinder may be

[[Page 26762]]

subjected to internal hydrostatic pressure of at least two times the

marked service pressure without determination of expansions, but this

latter type of test must be repeated every seven years after expiration

of the first 12-year period. When subjected to the latter test, the

cylinder must be carefully examined under test pressure and removed

from service if a leak or other harmful defect exists. A cylinder

requalified by the modified hydrostatic test method must be marked

after a retest or an inspection by stamping the date of retest or

reinspection on the cylinder followed by a ``S''.

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

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

cylinders authorized; new construction not authorized.

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

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

3AA, DOT-3B, DOT-4BA or DOT-4BW (Secs. 178.36, 178.37, 178.38, 178.51,

178.61 of this subchapter) having a service pressure of 300 psi or less

that is used exclusively for methyl bromide, liquid; mixtures of methyl

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

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

liquid; or methyl bromide and nonflammable, nonliquefied compressed gas

mixtures, liquid; that is commercially free of corroding components,

and that is protected externally by a suitable corrosion resistant

coating (such as galvanizing or painting) and internally by a suitable

corrosion resistant lining (such as galvanizing) may be tested every 10

years instead of every five years, provided that a visual internal and

external examination of the cylinder is conducted every five years in

accordance with CGA Pamphlet C-6. The cylinder must be examined at each

filling, and rejected if a dent, corroded area, leak or other condition

indicates possible weakness.

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

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

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

complete external visual inspection at the time periodic retest becomes

due. External visual inspection must be in accordance with CGA

Pamphlets C-6 or C-6.1. When this inspection is used instead of

hydrostatic retesting, subsequent inspections are required at five-year

intervals after the first inspection. Inspections must be made only by

competent persons and the results recorded and maintained in accordance

with paragraph (e)(8) of this section. Records shall include: date of

inspection (month and year); DOT specification number; cylinder

identification (registered symbol and serial number, date of

manufacture, and owner); type of cylinder protective coating (including

statement as to need of refinishing or recoating); conditions checked

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

broken or damaged footring or protective ring or fire damage);

disposition of cylinder (returned to service, returned to cylinder

manufacturer for repairs or scrapped). A cylinder that passes

inspection shall be marked with the date in accordance with paragraph

(e)(7) of this section. An ``E'' after the date indicates

requalification by the external inspection method. Specification

cylinders must be in exclusive service as follows:

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

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

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

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

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

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

DOT-4B, DOT-4BA, DOT-4BW, ICC-26- commercially free from

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

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

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

DOT-4BW. corroding components.

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

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

commercially free from

corroding components.

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

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

26-240,1 ICC-26-3001. corroding components.

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

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

26-2401, ICC-26-3001. corroding components.

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

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

commercially free from

corroding components.

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

4BA, DOT-4BW. trimethylamines which are

commercially free from

corroding components.

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

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

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

authorized.

(14) Cylinders containing anhydrous ammonia. A cylinder made in

compliance with specification DOT-3A, DOT-3A 480X, or DOT-4AA480 used

exclusively for anhydrous ammonia, commercially free from corroding

components, and protected externally by a suitable corrosion-resistant

coating (such as painting) may be retested every 10 years instead of

every five years.

(15) 3HT cylinders. (i) In addition to the other requirements of

this section, a cylinder marked DOT-3HT must be requalified in

accordance with CGA Pamphlet C-8.

(ii) The cylinder must be condemned:

(A) If elastic expansion exceeds the marked rejection elastic

expansion. A cylinder made before January 17, 1978, and not marked with

a rejection elastic expansion in cubic centimeters near the marked

original elastic expansion must be so marked before the next retest

date. The rejection elastic expansion for a cylinder is 1.05 times its

original elastic expansion.

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

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

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

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

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

owner or his/her agent.

(iii) The retest date and retester identification number must be

applied by low-stress steel stamp to a depth no greater than that of

the marking at the time of manufacture. Stamping on the sidewall is not

authorized.

(16) DOT-3A or 3AA cylinders. (i) A cylinder made in conformance

with specification DOT-3A or 3AA with a water capacity of 125 pounds or

less that is removed from any cluster, bank, group, rack or vehicle

each time it is filled, may be retested every ten years instead of

every five years, provided the cylinder complies with all of the

following--

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

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

ethylene, helium, hydrogen, krypton, neon,

[[Page 26763]]

nitrogen, nitrous oxide, oxygen, sulfur hexafluoride, xenon, permitted

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

these gases with up to 30 percent by volume of carbon dioxide, provided

that the gas has a dew point at or below minus 52 deg. F at 1

atmosphere;

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

specified in CGA Pamphlet C-6;

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

remove all traces of free water;

(E) The cylinder is not used for underwater breathing; and

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

fourth of an inch high immediately following the test date.

(ii) If, since the last required hydrostatic retest, a cylinder has

not been used exclusively as specified in paragraph (e)(16)(i)(B) of

this section, but currently conforms with all other provisions of

paragraph (e)(16)(i) of this section, it may be retested every 10 years

instead of every five years, provided it is first retested and examined

as prescribed by Sec. 173.302(c)(2), (3) and (4).

(iii) Except as specified in paragraph (e)(16)(ii) of this section,

if a cylinder marked with a star is charged with a compressed gas other

than as specified in this paragraph (e)(16), the star following the

most recent test date must be obliterated. The cylinder must be

retested five years from the marked retest date, or prior to the first

charging with a compressed gas, if the required five-year retest period

has passed.

(17) Cylinders containing corrosive materials. (i) A cylinder that

previously contained a Class 8 (corrosive) material may not be used to

transport a compressed gas in commerce unless the following

requirements are met--

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

in accordance with CGA Pamphlet C-6;

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

subjected to and passes inspection and hydrostatic retest in accordance

with this section; and

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

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

identification (including ICC or DOT specification number, registered

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

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

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

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

repairs, or scrapped).

(ii) A cylinder requalified for compressed gas service in

accordance with this paragraph (e)(17) may have its next retest and

inspection scheduled from the date of the inspection and retest

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

significant residue or impregnation by the Class 8 material, the

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

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

cylinder used to transport acetylene must have the cylinder shell and

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

Requalification must be performed in accordance with the following

schedule:

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

Shell (visual inspection) requalification Porous filler requalification

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

Initial Subsequent Initial Subsequent

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

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

On or after January 1, 1991......... 10 yrs \1\................. 10 yrs..................... 3 to 30 yrs \2\............ Not required.

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

\1\ Years from date of cylinder manufacture.

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

than 20 years, from the date of manufacture.

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

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

by a person who holds a valid retester identification number. Each

cylinder successfully passing a shell or filler requalification must be

marked with the retester's identification number in accordance with

paragraph (e)(7) of this section. In addition, the cylinder must be

marked to identify the type of requalification performed in accordance

with paragraph 5.6 of CGA Pamphlet C-13. For example, the letter ``S''

must be used for a shell requalification and the letter ``F'' for a

porous filler requalification.

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

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

to compensate for valve weight differential.

(19) Cylinders used as a fire extinguisher. A DOT specification

cylinder used as a fire extinguisher in compliance with Sec. 173.309

may be retested in accordance with this paragraph (e)(19).

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

178.51, 178.55 and 178.61 of this subchapter) cylinder may be retested

as follows:

(A) For a cylinder with a water capacity of 12 pounds or less by

hydrostatic test using the water jacket method or by hydrostatic test

without determination of expansion (modified hydrostatic test method).

A retest must be performed 12 years after the original test date and at

12-year intervals thereafter.

(B) For a cylinder having a water capacity over 12 pounds--

(1) By hydrostatic test without determination of expansion

(modified hydrostatic test method). A retest must be performed 12 years

after the original test date and at 7-year intervals; or

(2) By hydrostatic test using the water jacket method. A retest

must be performed 12 years after the original test date and at 12-year

intervals thereafter.

(ii) A DOT specification 3A, 3AA, or 3AL (Secs. 173.36, 178.37 and

178.46 of this subchapter) cylinder may be retested by hydrostatic test

using the water jacket method. A retest must be performed 12 years

after the original test date and at 12-year intervals thereafter.

* * * * *

Sec. 173.163 [Amended]

6. In Sec. 173.163, the reference ``Sec. 173.34(e)(5)'' is revised

to read ``Sec. 173.34(e)(8)''.

7. In Sec. 173.301, the section heading and paragraph (j) are

revised to read as follows:

Sec. 173.301 General requirements for shipment of compressed gases in

cylinders and spherical pressure vessels.

* * * * *

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

manufactured outside the United States that has not been manufactured,

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

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

shipped solely for export if it meets

[[Page 26764]]

the following requirements, in addition to other requirements of the

subchapter:

(i) It has been inspected, tested and marked (with only the month

and year of retest) in conformance with the procedures and requirements

of Sec. 173.34(e) or the Associate Administrator for Hazardous

Materials Safety has authorized the charging company to fill foreign

cylinders under an alternative method of qualification; and

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

requirements of this part.

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

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

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

DOT requirements for export.''

* * * * *

Sec. 173.301 [Amended]

8. In addition, in Sec. 173.301, in paragraph (a), the reference to

``Sec. 173.34(e)(16)'' is revised to read ``Sec. 173.34(e)(17)''.

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

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

revised, and Note 3 is added after Note 2, to read as follows:

Sec. 173.302 Charging of cylinders with non-liquefied compressed

gases.

* * * * *

(c) * * *

(3) That either the average wall stress or the maximum wall stress

does not exceed the wall stress limitation shown in the following table

(see Notes 1, 2 and 3):

* * * * *

Note 1: * * *

* * * * *

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

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

Pamphlet C-5;

* * * * *

Note 3: Compliance with average wall stress limitation may be

determined through computation of the elastic expansion rejection

limit in accordance with CGA Pamphlet C-5.

* * * * *

10. In Sec. 173.309, paragraph (b) is revised to read as follows:

Sec. 173.309 Fire extinguishers.

* * * * *

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

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

178.61 of this subchapter) cylinders are authorized for use as fire

extinguishers subject to the following conditions:

(1) Each fire extinguisher may only have extinguishing contents

that are nonflammable, non-poisonous, non-corrosive and commercially

free from corroding components.

(2) Each fire extinguisher must be charged with a nonflammable,

non-poisonous, dry gas that has a dew-point at or below minus 46.7

deg.C (minus 52 deg.F) at 101 kPa (1 atmosphere) and is free of

corroding components, to not more than the service pressure of the

cylinder.

(3) Each fire extinguisher must be protected externally by suitable

corrosion-resisting coating.

Issued in Washington, DC on May 16, 1996, under authority

delegated in 49 CFR part 1.

Rose A. McMurray,

Acting Deputy Administrator, Research and Special Programs

Administration.

[FR Doc. 96-12838 Filed 5-24-96; 8:45 am]

BILLING CODE 4910-60-P