Federal Register, Volume 60 Issue 201 (Wednesday, October 18, 1995)

[Federal Register Volume 60, Number 201 (Wednesday, October 18, 1995)]
[Proposed Rules]
[Pages 54008-54019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25584]

[[Page 54007]]

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Part IV

Department of Transportation

_______________________________________________________________________

Research and Special Programs Administration

_______________________________________________________________________

49 CFR Parts 171 and 173

Periodic Inspection and Testing of Cylinders; Proposed Rule

Federal Register / Vol. 60, No. 201 / Wednesday, October 18, 1995 /
Proposed Rules

[[Page 54008]]

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171 and 173

[Docket No. HM-220A, Notice No. 95-13]
RIN 2137-AC59

Periodic Inspection and Testing of Cylinders

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

ACTION: Notice of Proposed Rulemaking (NPRM).

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

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

ADDRESSES: Address comments to Dockets Unit (DHM-30), Office of
Hazardous Materials Safety, Research and Special Programs
Administration, U.S. Department of Transportation, Washington, DC
20590-0001. Comments should identify the docket and notice number and
be submitted, when possible, in five copies. Persons wishing to receive
confirmation of receipt of their comments should include a self-
addressed, stamped postcard. The Dockets Unit is located in Room 8421
of the Nassif Building, 400 Seventh Street SW, Washington DC 20590-
0001. Office hours are 8:30 a.m. to 5:00 p.m., Monday through Friday,
except on public holidays when the office is closed.

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

SUPPLEMENTARY INFORMATION:

I. Background

The Federal hazardous material transportation law (Federal hazmat
law), 49 U.S.C. 5101-5127, authorizes the Secretary of Transportation
to regulate the manufacture and continuing qualification of packagings
(1) used to transport hazardous materials in commerce, or (2) certified
under Federal hazmat law for the transportation of hazardous materials
in commerce, whether or not actually used for that purpose. The
Hazardous Materials Regulations (HMR), 49 CFR parts 171-180, contain
requirements for periodic inspection and testing of cylinders subject
to the Federal hazmat law, including the frequency and manner of
inspection and testing, standards for cylinder rejection and
condemnation, and cylinder marking and recordkeeping.
Federal authority to regulate the transportation of compressed
gases originated in a 1921 amendment to the Transportation of
Explosives Act, 35 Stat. 1135, Sec. 233 (March 4, 1909). The amendment,
at 41 Stat. 1445, Sec. 233, authorized the Interstate Commerce
Commission (ICC) to regulate the packing, marking, loading, handling
and transportation of compressed gases by common carriers. Under this
authority, in 1930 the ICC implemented regulations for periodic
inspection and testing of cylinders; the regulations, as amended, were
first published in the Federal Register on December 12, 1940 (5 FR
4908).
Ten years later, the regulations were codified into the Code of
Federal Regulations (15 FR 8261; Dec. 2, 1950). In 1967, pursuant to
the Department of Transportation Act, Pub. L. 89-670, 80 Stat. 931,
regulatory jurisdiction over the packaging of dangerous articles for
transportation was transferred from the ICC to the Department of
Transportation; those sections governing cylinder inspection and
testing were moved to their present location in 49 CFR 173.34 (32 FR
5606; April 5, 1967). The cited authority for the hazardous materials
regulations is no longer the Transportation of Explosives Act but
rather the Federal hazmat law. Federal hazmat jurisdiction extends
beyond common carriers, to all transportation in commerce by highway,
rail, air or water. Through rulemaking and the issuance of exemptions
from the regulations under 49 CFR part 107, subpart B, aluminum and
composite cylinders now are authorized for use in addition to steel.
Nevertheless, apart from substitution of the ``DOT'' identifier for the
``ICC'' identifier, the present basic inspection and testing
requirements, at Sec. 173.34(e) (1)-(6) and related sections, largely
are unchanged from the initial 1940 publication.
The regulations have been refined by interpretation in the process
of enforcement and in response to public inquiries. Thus, certain
periodic inspection and testing requirements, such as those pertaining
to standards for visual inspection, calibration of the retest
apparatus, retest performance and recordkeeping, are not explicit in
the HMR. RSPA has worked closely with the cylinder manufacturing and
maintenance industries in developing interpretations consistent with
sound industry practice and in communicating these interpretations to
the regulated community. Nevertheless, RSPA inspections and inquiries
have shown that the regulatory requirements are not sufficiently clear
to some cylinder retesters. This raises concerns both about visual
inspection and testing being conducted fully consistent with safe
practices and, in enforcement, about fair notice of what the
requirements are. Accordingly, RSPA proposes to revise the existing
language to incorporate the RSPA interpretations and certain industry
consensus standards and practices into the regulations.
Under Executive Order 12866 and the Regulatory Policies and
Procedures of the Department of Transportation, 44 FR 11034, a
regulatory evaluation comparing the public costs and benefits of
alternative rulemaking actions must be prepared unless the rule has a
minimal cost impact. Because the proposed changes would clarify the
regulations as presently enforced, or incorporate new requirements that
are consistent with industry practice, the cost impact of the rule is
expected to be minimal. Therefore, RSPA has prepared no regulatory
evaluation. RSPA invites comments on potential cost impacts it may not
have considered. If comments indicate that costs of the rule would not
be minimal, RSPA will prepare a regulatory evaluation.

II. Proposal

Section 173.34

Revision of Sec. 173.34(e) Heading. The proposed rule would revise
the heading of paragraph (e) from ``Periodic retesting, reinspection
and marking of cylinders'' to ``Periodic qualification and marking of
cylinders.'' RSPA believes this heading more clearly indicates the
subject matter of the paragraph, and avoids redundancy. Further, it has
been argued in at least one enforcement case involving the charging of
foreign cylinders for export under Sec. 173.301(j) that paragraph
(j)(1), requiring ``retesting'' in compliance with Sec. 173.34(e), is
unenforceable when there is no evidence that the foreign cylinder
previously has been ``tested.''

[[Page 54009]]
Revising the heading of paragraph (e) and amending Sec. 173.301(j)(1)
as proposed in this notice would eliminate misunderstandings of the
testing requirement. This revision is for clarification, and would not
change the scope of Sec. 173.34(e).
Revision of Retest Table. Currently, requirements applicable to
foreign cylinders are contained in two separate table entries. Under
the proposed rule, the table entry prescribing the minimum retest
pressure and a five-year retest period for ``[a]ny cylinder with marked
test pressure'' would be removed and the entry for ``[f]oreign cylinder
charged for export'' would be revised to specify a retest period of
five-years. Comment is invited as to whether table entries are needed
to specify retest pressure or frequency for any specification,
exemption or special permit cylinder authorized for the transportation
of hazardous material in commerce.
General Requirements and Retester Authorization. Current paragraph
(e) of Sec. 173.34 would be substantially revised. Proposed paragraph
(e)(1) would set forth the general requirement that each DOT
specification or exemption cylinder must be periodically inspected,
tested and marked in accordance with Sec. 173.34 by or under the
supervision of a RSPA-authorized retester. It would prohibit use of a
DOT specification or exemption cylinder that is required to be
periodically inspected or tested for transportation of a hazardous
material in commerce unless the cylinder is marked with an inspection
or test date indicating that it is qualified for use. The procedure to
obtain retester authorization, in the form of the retester
identification number (RIN), and to renew the authorization would be
specified in paragraph (e)(2).
Proposed paragraph (e)(2) would contain three new requirements.
First, a retester's authority to mark a cylinder with a RIN and an
inspection or test date would be contingent on the retester operating
in compliance with the terms of the RIN issuance letter. Second, a
retester would be required to inform RSPA in writing of any change in
cylinder qualification personnel or testing equipment within 20 days.
Presently, RSPA imposes these two requirements under the terms of the
RIN issuance letter. Third, a retester would be required to maintain,
at the facility, the relevant parts of 49 CFR, the current exemptions
for all exemption cylinders inspected, retested or marked, and all
Compressed Gas Association (CGA) pamphlets incorporated by reference in
Sec. 171.7 that apply to the retester's activities. It is RSPA's
experience that retest facilities operating in accordance with sound
business practice maintain current copies of these materials.
As a hazmat employer, a retester is responsible for properly
training any employee who performs cylinder requalification functions.
This also applies to an employee of an independent inspection agency.
Independent inspection agencies are not RSPA agents or representatives.
Nothing in the regulations relieves either party from its obligation
for ensuring compliance with the HMR.
Visual Inspection. Current paragraph (e) requires visual internal
and external inspection in accordance with CGA Pamphlet C-6,
``Standards for Visual Inspection of Compressed Gas Cylinders,'' which
contains inspection standards for steel cylinders. This provision was
enacted before DOT's approval of aluminum and composite cylinders for
transportation of compressed gases and before CGA publication of
inspection standards for aluminum and composite cylinders. RSPA
proposes, in new paragraph (e)(3), to require inspection of aluminum
and composite cylinders in accordance with CGA Pamphlet C-6.1
(``Standards for Visual Inspection of High Pressure Aluminum Compressed
Gas Cylinders'' (1995)), CGA Pamphlet C-6.3 (``Guidelines for Visual
Inspection and Requalification of Low Pressure Aluminum Compressed Gas
Cylinders'' (1991)), and CGA Pamphlet C-6.2 (``Guidelines for Visual
Inspection and Requalification of Fiber Reinforced High Pressure
Cylinders'' (1988)). These documents would be incorporated by reference
in Sec. 171.7. Proposed paragraph (e)(3) explicitly would require a
retester to comply with cylinder approval, rejection and condemnation
criteria set forth in CGA Pamphlet C-6, C-6.1, C-6.2 or C-6.3, as
applicable. No new inspection requirements would be imposed.
Retesting. Proposed paragraph (e)(4) would prescribe procedures for
cylinder volumetric pressure retesting, confirming system calibration,
and standards for the accuracy and resolution of pressure/expansion
test systems. The existing requirements would be clarified and several
new provisions would be added.
Proposed paragraph (e)(4)(i) would establish that retest, unless
otherwise provided in Sec. 173.34(e), means testing by a method that
measures a cylinder's total and permanent expansions at prescribed test
pressure. While it is expected that nearly all retesting will be by
internal pressurization of a cylinder suspended in a water jacket
(i.e., hydrostatic retesting), a retester would be permitted to use
other methods meeting resolution and accuracy standards.
A strict reading of current paragraph (e)(3) can lead to
misinterpretations of two key concepts: device accuracy (i.e., how
truthfully the system displays, or records, the actual pressure or
expansion being measured); and device resolution (i.e., the smallest
incremental unit that a measuring instrument or system must be capable
of being read to, or recorded from, so as to meet or exceed the
measurement accuracy requirement). Pressure and expansion indicating
devices are compared against a calibrated standard daily to check their
accuracy. However, if the scale of the indicating device does not show
the proper resolution, the accuracy of the reading is not assured.
Currently, (e)(3) addresses expansion gauge accuracy, but not
resolution, and pressure gauge resolution, but not accuracy. Proposed
paragraph (e)(4)(ii) would set clear resolution standards for both
pressure and expansion indicating devices, while paragraph (e)(4)(iii)
would set clear accuracy standards for both.
First, proposed paragraph (e)(4)(ii) would require the pressure
indicating device to have sufficient resolution to indicate the
pressure to within 1% of the minimum prescribed test pressure of any
cylinder retested (see example below). Second, the device for measuring
cylinder expansion must have sufficient resolution to indicate
expansion to within 1% of the total expansion of any cylinder retested.
An exception would be retained for cylinders of less than 10 cubic
centimeters total expansion, for which resolution to 0.1 cubic
centimeter would be permitted. Finally, the paragraph would codify
industry practice of midpoint interpolation to achieve the required
degree of resolution.
For instance (in a system using pressure gauges), if a pressure
gauge reads only in increments of 50 psi, and the minimum prescribed
test pressure for a cylinder to be tested is 1000 psi, the gauge would
show insufficient resolution to determine accuracy. A gauge of finer
scale is needed. To achieve the required resolution, the gauge
divisions should permit reading of pressures to within 1% of the
cylinder's minimum prescribed test pressure (1% of 1000 psi = 10 psi).
Since mid-point interpolation is permissible, a gauge of no greater
than 20 psi increments can be used for this example (half of 20psi is
10psi, the required resolution).
Presently, paragraph (e)(3) specifies no calibration frequency to
establish retest apparatus pressure and cylinder expansion accurately
to plus or minus

[[Page 54010]]
one percent of true pressure and expansion values. CGA Pamphlet C-1
recommends that calibration be confirmed each day before retesting.
RSPA's experience is that most retesters confirm calibration daily as a
matter of sound operating practice. Proposed paragraph (e)(4)(iii),
consistent with industry practice, would require daily confirmation of
calibration before retesting to assure both expansion and pressure
gauge accuracy. Comments are solicited on whether calibration is
required more or less frequently, and whether, for example, it is
appropriate to require a calibration check at the beginning of each
shift (for those facilities operating more than one shift per day), for
each change in retest operator, or at some other frequency.
A strict reading of current paragraph (e)(4) requires that system
calibration has been demonstrated at each pressure at which a cylinder
is retested. The retester's ability to control test pressure, however,
is limited by pump characteristics, system idiosyncrasies, and residual
cylinder expansion. Further, a calibrated cylinder may not be certified
at each pressure at which a retester wishes to perform a hydrostatic
test. For these reasons, RSPA is proposing, in paragraph (e)(4)(iii),
to allow two means of demonstrating calibration. First, as at present,
a retester may show calibration at test pressure. Alternatively, a
retester, on a given day, simply may perform calibrated cylinder runs
at pressures above and below test pressures for that day. A retester is
not authorized to perform a hydrostatic test at a pressure above the
highest pressure or below the lowest pressure at which the calibrated
cylinder has demonstrated calibration on that day.
The calibration certificate for a calibrated cylinder establishes
true total expansions at a range of pressures, generally at each 1000
pounds per square inch (psi). During system calibration, the operator
must compare the system pressure or the total expansion reading with
the actual reading on the calibration certificate for that pressure or
total expansion. Proposed paragraph (e)(4)(iv) would require retesters
to maintain calibrated cylinder certificates, as is current industry
practice.
Proposed new paragraph (e)(4)(v) would restate existing
requirements for cylinder retesting, including the requirement to hold
minimum test pressure for at least 30 seconds and as long as necessary
for full cylinder expansion and the prohibition on pressurizing a
cylinder above 90 percent of test pressure before a retest. As under
current regulations, when the system apparatus fails to hold pressure
after test pressure has been reached, retest is authorized at a
pressure increased by 10 percent or 100 psi, whichever is less.
Language would be added to emphasize that a second retest is authorized
only if the apparatus has failed to hold test pressure, and not if a
cylinder has exhibited excessive expansion. RSPA also is considering:
(1) Specifying the period of time a retester must wait before retest,
after applying more than 90 percent of test pressure; (2) limiting the
number of permissible retests after apparatus failure; and (3)
specifying a standard for condemnation in the event of
overpressurization. Comments are specifically invited on these issues.
Cylinder Rejection/Condemnation. Proposed paragraphs (e)(5) and
(e)(6) would contain requirements for rejection and condemnation of
cylinders.
A ``rejected cylinder'' is one that is determined by visual
examination to be not in proper condition to be presented or used as a
specification packaging for the transportation of hazardous material,
but that is authorized to be repaired or rebuilt. The current
regulations incorporate rejection and repair standards of CGA Pamphlet
C-6 through paragraph (e)(1), which requires inspection in accordance
with that pamphlet. The proposed rule would create a separate paragraph
defining ``rejection'' and explicitly incorporating the rejection
criteria of CGA Pamphlets C-6, C-6.1, C-6.2, and C-6.3 for steel,
aluminum and composite cylinders, as applicable. A provision, contained
in current paragraph (e)(4), stating that a cylinder condemned for
excessive permanent expansion on retest may be requalified by reheat
treatment would be removed. Requalifying cylinders by reheat treatment
is often not practical or consistent with common industry practice.
A condemned cylinder is one that may not be presented or used as a
specification packaging for transportation of hazardous materials, and
for which requalification is not authorized. Under the current
regulations, a cylinder must be condemned if: (1) It meets a CGA
Pamphlet C-6 criterion for condemnation on visual inspection; (2) it
exceeds permissible permanent expansion on retest and is not authorized
for reheat treatment; (3) it leaks or evidences damage indicating that
it is likely to be weakened appreciably and is not authorized for
repair or rebuilding; (4) for an exemption cylinder, it meets another
condemnation criterion specified in the exemption; or (5) for a DOT 3HT
cylinder governed by paragraph (e)(13), elastic expansion exceeds the
marked rejection elastic expansion.
For both rejected and condemned cylinders, proposed paragraphs
(e)(5)(ii) and (e)(6)(ii) would require the retester to notify the
cylinder owner in writing of the cylinder's status, prescribed remedial
actions that can be taken (in the case of a rejected cylinder), and
that the cylinder may not be used as a specification packaging for the
movement of hazardous materials. Requiring written notification would
offer greater assurance that cylinder owners are made aware of
potentially unsafe cylinders.
The proposed rule would not change the present condemnation
standards, except for explicitly adding evidence of cracking as a basis
to condemn a cylinder. To add assurance that a condemned cylinder will
not be returned to service, the retester would stamp a series of X's
over the DOT specification number and service pressure or the word
``CONDEMNED'' on the shoulder, top head, or neck of the cylinder using
a steel stamp. The retester would not be required to stamp the cylinder
if, on the direction of the owner, the retester rendered the cylinder
incapable of holding pressure in some fashion (e.g., by damaging the
cylinder threads or drilling through the cylinder wall).
Comments are particularly invited on the proposed requirements to
stamp condemned cylinders. RSPA wishes to gain additional information
on present retester practices of handling rejected and condemned
cylinders, the costs and benefits of the requirements, the need for the
requirements, their effect on retester operating practices, and
alternatives to ensure that rejected and condemned cylinders are
removed from hazardous material service where use of a specification
packaging is required.
Recordkeeping. Current paragraph (e)(5) states that ``[r]ecords
showing the result of reinspection and retest must be kept.'' RSPA has
applied this regulation to require that the retester, for each cylinder
inspected or tested, record the information necessary to confirm that
the retest was conducted under the required conditions (i.e., at
correct test pressure), indicate the results of inspection and retest,
and enable the results to be traced to the cylinder inspected or
tested. Specifically, the records must identify the cylinder, date,
results of visual examination, test pressure, test results (including
expansion data) and cylinder disposition. To identify the cylinder,
RSPA has required, consistent with CGA Pamphlet C-1, that retesters
record

[[Page 54011]]
the cylinder specification or exemption number, the service pressure,
the serial number and the cylinder owner. To RSPA's knowledge, most
retesters use retest sheets containing these entries and record this
information as standard operating practice. Nevertheless, prescribing
explicitly the information required to be in test records should
benefit retesters and improve recordkeeping practices.
RSPA proposes to require the retest record to contain those entries
presently required, as well as the cylinder manufacturer's name or
symbol, cylinder dimensions and identification of the retest operator.
For cylinders qualified for overfill by a plus (+) marking, the retest
record must indicate the method by which wall stress computations
pursuant to Sec. 173.302(c) were made. This notation may be entered in
the ``Remarks'' column of the retest sheet. The rule explicitly would
require recordation of tests not completed due to failure of the
apparatus to hold test pressure. The record for a subsequent test would
be required to include the date of the earlier test. This information
also could be entered in the ``Remarks'' column on the retest sheet.
CGA Pamphlet C-1 recommends that retesters record calibrated
cylinder expansions used to confirm retest apparatus calibration. In
RSPA's experience, most retesters record these expansions, even though
not required by the current regulations. If calibration checks are not
recorded, a retester, particularly if it employs more than one retest
operator during a shift or an operating day, has no means of ensuring
apparatus calibration before testing or confirming that the apparatus
was accurate on any given day. The proposed rule would require that
calibration runs be recorded, in chronological order, with retest
records for that day.
A retester who marks a cylinder for overfill under the conditions
of Sec. 173.302(c) would be required to retain records of wall stress
computations. Wall stress may be determined through a method that does
not require computation, such as the use of an elastic expansion limit
provided by the cylinder manufacturer. This provision would not limit
the retester in its choice of method, but simply require that the
method be noted and computations, if required by the method used, be
retained.
Finally, proposed paragraph (e)(8) would require each retester to
maintain at its facility its RIN issuance letter from RSPA; a copy of
the renewal application, if renewal is pending; copies of notifications
to RSPA since issuance of the most recent RIN letter of changes in
equipment or personnel; and most recent certificates of calibration for
all calibrated cylinders. Currently, the RIN issuance letter contains a
requirement that the letter be posted at the retest facility. RSPA
believes that maintenance of the other documents is standard retester
operating practice and that, in any event, the cost of doing so is
insignificant. RSPA invites comments on these conclusions.

Section 173.301

Foreign Cylinders for Export. Under the present regulations, a
foreign cylinder not manufactured, inspected, tested and marked in
accordance with part 178 may be filled in the United States only for
export. Further, the cylinder may be filled for export only if it is
marked as having been, and has been, inspected and retested in
compliance with Sec. 173.34(e), and it meets maximum filling density
and service pressure requirements. This marking would not contain the
RIN, only the month and year of the test. Section 173.301(j) would be
revised in minor respects to clarify these requirements.

Section 173.302

Computing Wall Stress for Overfill Authorization. Currently,
Sec. 173.302(c) permits filling of DOT 3A, 3AX, 3AA, 3AAX and 3T
cylinders to 110 percent of marked service pressure under prescribed
conditions. One condition for overfill, at paragraph (c)(3), is that
neither the average nor the maximum wall stress in the cylinder, at
test pressure, exceeds the applicable value stated in that paragraph.
The proposed rule would amend paragraph (c)(3) in three respects.
First, it would clarify the existing requirement that neither average
nor maximum wall stress may exceed the specified value. Second, it
would amend Note 1 to paragraph (c)(3) to explicitly authorize the
existing industry practice of using the experimental K factor obtained
from CGA Pamphlet C-5 to compute average wall stress. Third, it would
add a Note 3 to explicitly authorize the industry practice of ensuring
compliance with the wall stress limitations of paragraph (c)(3) by
computing an elastic expansion rejection limit and comparing elastic
expansion derived during retest. Comments are invited on whether other
methods that may not presently be authorized by paragraph (c)(3) may be
used to compute accurately the average or maximum wall stress.

Section 173.309

Retest requirements for fire extinguishers. Paragraph (b) provides
for DOT specification cylinders used as fire extinguishers. Cylinders
containing certain fire extinguishing agents such as ammonium
phosphate, sodium bicarbonate, potassium bicarbonate, potassium imido
dicarboxamide and bromochlorodifluromethane or bromotrifluoromethane,
which are commercially free from corroding components and meeting
certain conditions, are authorized to meet a longer retest interval in
accordance with current Sec. 173.34(e)(18). The Fire Equipment
Manufacturers' Association, Inc. (FEMAI) petitioned (P-1216) RSPA to
move the conditions for extending the retest interval from Sec. 173.309
to Sec. 173.34(e)(18). FEMAI stated that this change would clarify that
carbon dioxide fire extinguishers do not qualify for the special retest
provisions in Sec. 173.34(e)(18). RSPA agrees with FEMAI that these
changes should be made. In this proposed rule, the retest criteria for
these cylinders are revised and moved to proposed Sec. 173.34(e)(21).
Revised Sec. 173.309(b) would prescribe specification cylinders
authorized for transportation under the proper shipping name ``fire
extinguishers.'' In a different petition (P-1217), FEMAI stated that
DOT 3E cylinders are used as fire extinguishers and requested that this
specification be added. RSPA agrees and proposes to include the DOT 3E
specification in Sec. 173.309(b). Also in this paragraph, RSPA proposes
to remove a limitation on the dew point for the expellant gas, which is
not a requirement under Sec. 173.309(a) for gases in non-specification
cylinders used as fire extinguishers.

Parts 171 and 173

Miscellaneous Technical Revisions. The proposed rule would amend
several other regulations for update and for purposes of clarity only.
In Sec. 171.7, several CGA standards incorporated by reference would be
updated: CGA Pamphlet C-6, ``Standards for Visual Inspection of Steel
Compressed Gas Cylinders'' would be updated from the 1984 to the 1993
edition; CGA Pamphlet C-12, ``Qualification Procedure for Acetylene
Cylinder Design'' would be updated from the 1979 to the 1994 edition;
CGA Pamphlet C-13, ``Guidelines for Periodic Visual Inspection and
Requalification of Acetylene Cylinders'' would be updated from the 1985
to the 1992 edition (responds to P-1241); and CGA Pamphlet S-1.1.1,
Pressure Relief Device Standards--Part 1--Cylinders for

[[Page 54012]]
Compressed Gases,'' would be updated from the 1989 to the 1994 edition
(responds to P-1247). With regard to the 1994 edition of CGA Pamphlet
S-1.1.1, new paragraph 9.1.1.1 of the pamphlet, which specifies the
replacement or requalification of pressure relief valves, on affected
DOT cylinders every 10 years, would not be made mandatory. The National
Propane Gas Association submitted comments on petition P-1247 stating
that the propane industry has experienced no problems with these
pressure relief valves on cylinders and that adoption of the provision
is unwarranted. Although replacement of pressure relief valves on a
periodic basis would not be required under Sec. 173.34(d) of this
proposed rulemaking, RSPA encourages this practice by industry.
In Sec. 173.23, paragraphs (c), (d) and (e) would be revised to
clarify that the requirement to remark as ``3AL'' certain aluminum
cylinders manufactured under exemption before the existence of the DOT
3AL specification applies to cylinders manufactured under both the
listed exemptions and the ``special permits'' that preceded those
exemptions.
In Sec. 173.34, paragraphs (e) (2), (8), (10), (13) and (15) would
be revised for clarity only. A number of other revisions would be made
throughout paragraph (e) for minor editorial clarification, to correct
cross-references within the section as amended, and to include
references to the newly incorporated CGA Pamphlets C-5, C-6, C-6.1, C-
6.2 and C-6.3. Subparagraph numbering within paragraph (e) would change
generally as a result of the restructuring of the paragraph under this
rule.
Future rulemaking action. RSPA plans to clarify certain other
requirements applicable to cylinders in a separate rulemaking action in
the near future. In that notice, RSPA will propose the revision and
reorganization of the cylinder specifications in Part 178. In addition,
all requirements applicable to the inspection, retest, repair and
continuing requalification of cylinders would be relocated from
Sec. 173.34 to subpart C of part 180.

III. Rulemaking Analyses and Notices

1. Executive Order 12866 and DOT Regulatory Policies and Procedures

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

2. Executive Order 12612

This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612
(``Federalism''). Federal law expressly preempts State, local, and
Indian tribe requirements applicable to the transportation of hazardous
material that cover certain subjects and are not ``substantively the
same'' as the Federal requirements. 49 U.S.C. 5125(b)(1). These covered
subjects are:
(A) The designation, description, and classification of hazardous
material;
(B) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(C) The preparation, execution, and use of shipping documents
related to hazardous material and requirements respecting the number,
contents, and placement of those documents;
(D) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(E) The design, manufacturing, fabricating, marking, maintenance,
reconditioning, repairing, or testing of a packaging or a container
which is represented, marked, certified, or sold as qualified for use
in transporting hazardous material.
This notice of proposed rulemaking addresses the maintenance and
testing of a package represented as qualified for use in the
transportation of hazardous material. Therefore, the rule would preempt
State, local and Indian tribe requirements that are not ``substantively
the same'' as Federal requirements on these subjects. Section
5125(b)(2) of Title 49 U.S.C. provides that when DOT issues a
regulation concerning any of the covered subjects after November 16,
1990, DOT must determine and publish in the Federal Register the
effective date of Federal preemption. The effective date may not be
earlier that the 90th day following the date of issuance of the final
rule and no later than two years after the date of issuance. RSPA has
determined that the effective date of Federal preemption of this final
rule will be 90 days after publication in the Federal Register. Because
RSPA lacks discretion in this area, preparation of a federalism
assessment is not warranted.

3. Regulatory Flexibility Act

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

4. Paperwork Reduction Act

Information collection and recordkeeping requirements in current
Sec. 173.34 pertaining to cylinder retesters have been approved by the
Office of Management and Budget (OMB) under the provisions of 44 U.S.C.
chapter 35 and assigned control number 2137-0022. Because this proposed
rule requires no substantive change from the current burden hours
required, RSPA has not resubmitted the proposed information collection
requirements to OMB for approval under the Paperwork Reduction Act.
RSPA invites comments on any incremental paperwork burdens that it may
not have considered. If deemed necessary, the burden hours will be
revised to reflect the new requirements of this proposed rule and the
information collection will be submitted to OMB for approval under the
Paperwork Reduction Act.

5. Regulation Identifier Number

A regulation identifier number is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The regulation identifier number
contained in the heading of this document can be used to cross-
reference this action with the Unified Agenda.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.

49 CFR Part 173

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

In consideration of the foregoing, 49 CFR parts 171 and 173 would
be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

[[Page 54013]]

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

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

Sec. 171.7 Reference material.

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

------------------------------------------------------------------------
49 CFR
Source and name of material reference
------------------------------------------------------------------------
* * * *
* * *
Compressed Gas Association, Inc.,

* * * *
* * *
CGA Pamphlet C-5, Cylinder Service Life--Seamless Steel
High Pressure Cylinders, 1991............................ 173.302
CGA Pamphlet C-6, Standards for Visual Inspection of Steel
Compressed Gas Cylinders, 1993........................... 173.34
CGA Pamphlet C-6.1, Standards for Visual Inspection of
High Pressure Aluminum Compressed Gas Cylinders, 1995.... 173.34
CGA Pamphlet C-6.2, Guidelines for Visual Inspection and
Requalification of Fiber Reinforced High Pressure
Cylinders, 1988.......................................... 173.34
CGA Pamphlet C-6.3, Guidelines for Visual Inspection and
Requalification of Low Pressure Aluminum Compressed Gas
Cylinders, 1991.......................................... 173.34

* * * *
* * *
CGA Pamphlet C-12, Qualification Procedure for Acetylene
Cylinder Design, 1994.................................... 173.303
CGA Pamphlet C-13, Guidelines for Periodic Visual
Inspection and Requalification of Acetylene Cylinders,
1992..................................................... 173.34

* * * *
* * *
CGA Pamphlet S-1.1., Pressure Relief Device Standards--
Part 1--Cylinders for Compressed Gases, 1994............. 173.34

* * * *
* * *
------------------------------------------------------------------------

* * * * *

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

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

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

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

Sec. 173.23 Previously authorized packaging.

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

Sec. 173.34 Qualification, maintenance and use of cylinders.

* * * * *
(d) Pressure relief device systems. No person may offer a cylinder
charged with a compressed gas for transportation unless the cylinder is
equipped with one or more pressure relief devices sized and selected as
to type, location, and quantity and tested in accordance with CGA
Pamphlet S-1.1. (Compliance with paragraph 9.1.1.1 of CGA Pamphlet S-
1.1 is permissive).* * *
* * * * *
(e) Periodic qualification and marking of cylinders. Each cylinder
that becomes due for periodic retest as specified in the following
table must be retested and marked in conformance with the requirements
of this paragraph:

Retest and Inspection of Cylinders
------------------------------------------------------------------------
Specification under which Minimum retest Retest period
cylinder was made pressure (p.s.i.) (years)
------------------------------------------------------------------------
DOT-3........................... 3,000 p.s.i....... 5.
DOT-3A, 3AA..................... 5/3 times service 5 or 10 (see Sec.
pressure, except 173.34(e)(11),
noncorrosive (e)(14), (e)(15)
service (see Sec. and (e)(18)).
173.34(e)(10)).
DOT-3AL......................... 5/3 times service 5.
pressure.
DOT-3AX, 3AAX................... 5/3 times service 5.
pressure.
3B, 3BN......................... 2 times service 5 or 10 (see Sec.
pressure (see 173.34(e)(14)).
Sec. 173.34(e)(10
)).
3C.............................. Retest not ..................
required.
3D.............................. 5/3 times service 5.
pressure.
3E.............................. Retest not ..................
required.
3HT............................. 5/3 times service 3 (see Sec.
pressure. 173.34(e)(13)).

[[Page 54014]]

3T.............................. 5/3 times service 5.
pressure.
4............................... 700 p.s.i......... 10.
4A.............................. 5/3 times service 5 or 10 (see Sec.
pressure (see 173.34(e)(14)).
Sec. 173.34(e)(10
)).
4AA480.......................... 2 times service 5 or 10 (see Sec.
pressure (see 173.34(e)(11)).
Sec. 173.34(e)(10
)).
4B, 4BA, 4BW, 4B-240ET.......... 2 times service 5 or 10 (see Sec.
pressure, except 173.34(e)(9),
non-corrosive (e)(14) and
service (see Sec. (e)(18)).
173.34(e)(10)).
4C.............................. Retest not ..................
required.
4D, 4DA, 4DS.................... 2 times service 5.
pressure.
DOT-4E.......................... 2 times service 5.
pressure, except
non-corrosive
service (see Sec.
173.34(e)(10)).
4L.............................. Retest not ..................
required.
8, 8AL.......................... .................. 10 or 20 (See Sec.
173.34(e)(17)).
DOT-9........................... 400 p.s.i. 5.
(maximum 600
p.s.i.).
25.............................. 500 p.s.i......... 5.
26 for filling at over 450 5/3 times service 5.
p.s.i.. pressure.
26 for filling at 450 p.s.i. and 2 times service 5 or 10 (see Sec.
below. pressure, except 173.34(e)(9)).
non-corrosive
service (see Sec.
173.34(e)(10)).
33.............................. 800 p.s.i......... 5.
38.............................. 500 p.s.i......... 5.
Foreign cylinder (see Sec. As marked on the 5.
173.301(j) for restrictions on cylinder, but not
use). less than 5/3 of
any service or
working pressure
marking.
------------------------------------------------------------------------
Note 1: For cylinders not marked with a service pressure, see Sec.
173.301(e)(1).

(1) General requirements. (i) Each cylinder bearing a DOT
specification marking (including a cylinder remarked in conformance
with Sec. 173.23) must be inspected, retested and marked in conformance
with this section, at the frequency specified in the Retest and
Inspection of Cylinders Table in this paragraph (e). Each cylinder
bearing a DOT exemption number must be inspected, retested and marked
in conformance with this section and the terms of the applicable
exemption, at the frequency specified in the exemption.
(ii) No cylinder required by paragraph (e)(1)(i) of this section to
be retested may be used for the transportation of a hazardous material
in commerce unless that cylinder has been inspected and retested in
accordance with this section and the retester has marked the cylinder
by stamping the date of retest, the cylinder retester identification
number (RIN) unless excepted under this section, and any other marking
required by this section. No person may mark a test date or RIN on a
DOT specification or exemption cylinder unless all applicable
requirements of this section have been met.
(2) Retester authorization. (i) No person may mark a cylinder with
a test date or RIN, or otherwise represent that a DOT specification or
exemption cylinder has been retested under this section, unless that
person holds a current RIN issued by RSPA and operates in compliance
with the terms of the RIN issuance letter. All functions under this
section shall be performed or supervised by an individual named as
qualified in the RIN application or a notification pursuant to
paragraph (e)(2)(iv) of this section.
(ii) Any person seeking approval as a cylinder retester shall apply
to an independent inspection agency, approved by RSPA pursuant to
Sec. 173.300a, for inspection of its retest facility. The applicant
shall bear the cost of the inspection. Independent inspection agencies
are not RSPA agents or representatives. A list of approved independent
inspection agencies is available from the Associate Administrator for
Hazardous Materials Safety, Office of Hazardous Materials Exemptions
and Approvals (DHM-32), Research and Special Programs Administration,
U.S. Department of Transportation, Washington, DC 20590-0001.
(A) After the inspection, the person seeking approval must submit a
letter of recommendation and inspection report from the independent
inspection agency and a completed approval application to the Associate
Administrator.
(B) The Associate Administrator reviews the application, the
inspection report and recommendation submitted by the independent
inspection agency, and other available information. The Associate
Administrator issues a RIN if it finds that the applicant's facility
and qualifications are adequate to properly inspect, test and mark
cylinders under this section. Unless otherwise provided in the RIN
issuance letter, a RIN expires five years from the date of issuance.
(iii) The retester shall apply for RIN renewal in a timely manner.
An inspection report and a recommendation of an independent inspection
agency are required for renewal. If the Associate Administrator
receives a renewal application at least 50 days before expiration of
the RIN, the RIN will remain in effect until the Associate
Administrator issues the renewal or notifies the retester that the RIN
will not be reissued. The Associate Administrator renews a RIN in
accordance with the standard in paragraph (e)(2)(ii)(B) of this
section.
(iv) A current RIN remains valid provided the retester's facility
and qualifications are maintained at or above the level observed at the
time of inspection by the independent inspection agency. The RIN holder
shall report in writing any change in name, address, ownership or
management of the holder; personnel performing any function under this
section; or testing equipment to the Associate Administrator for
Hazardous Materials Safety (DHM-32) within 20 days of the change.
(v) A retester shall maintain, at each location at which it
inspects, retests or marks cylinders under this section, current copies
of:
(A) Those portions of Parts 171-180 of this subchapter that apply
to its cylinder inspection, retesting and marking activities at that
location.
(B) All exemptions governing exemption cylinders inspected,
retested or marked by the retester at that location.

[[Page 54015]]

(C) Each CGA publication incorporated by reference in Sec. 171.7 of
this subchapter that applies to the retester's cylinder inspection,
retesting and marking activities at that location. The publication
maintained shall be the edition incorporated by reference in Sec. 171.7
of this subchapter.
(3) Visual inspection. Except as otherwise provided in this
section, a cylinder must be visually inspected, internally and
externally, in accordance with the terms of CGA Pamphlets C-6, C-6.1,
C-6.2, or C-6.3, as applicable. The cylinder must be approved, rejected
or condemned according to the criteria set forth in the applicable CGA
pamphlet. Internal inspection may be omitted for cylinders of the type
and in the service described under paragraphs (e) (12) and (13) of this
section. DOT 3BN cylinders must be inspected in accordance with CGA
Pamphlet C-6.
(4) Pressure retest. (i) Each cylinder required to be retested
under this section, unless otherwise provided, must be retested by
means suitable for measuring the expansion of the cylinder under
pressure. Bands and other removable attachments must be loosened or
removed before testing so that the cylinder is free to expand in all
directions.
(ii) The pressure indicating device of the testing apparatus must
permit reading of pressures to within 1% of the minimum prescribed test
pressure of each cylinder tested, except that for analog devices,
interpolation to \1/2\ of the marked gauge divisions is acceptable. The
expansion indicating device of the testing apparatus must also permit
incremental reading of the cylinder expansion to 1% of the total
expansion of each cylinder tested or 0.1 cubic centimeter, whichever is
larger. Midpoint visual interpolation is permitted.
(iii) Each day before retesting, the retester shall confirm, by
using a calibrated cylinder or other method authorized in writing by
the Associate Administrator for Hazardous Materials Safety (DHM-32),
that:
(A) The pressure indicating device, as part of the retest
apparatus, is accurate within 1.0% of the prescribed test
pressure of any cylinder tested that day. The pressure indicating
device, itself, must be certified as having an accuracy of
0.5%, or better, of its full range, and must permit
readings of pressure from 90%-120% of the minimum prescribed test
pressure of the cylinder to be tested. The accuracy of the pressure
indicating device within the test system can be demonstrated at any
point within 500 psi of the actual test pressure for test pressures at
or above 3000 psi, or 10% of the actual test pressure for test
pressures below 3000 psi; and
(B) The expansion indicating device, as part of the retest
apparatus, gives a stable reading of expansion and is accurate to
1.0% of the total expansion of any cylinder tested or 0.1
cubic centimeter, whichever is larger. The expansion indicating device,
itself, must have an accuracy of 0.5%, or better, of its
full scale.
(iv) The test equipment used must be calibrated to within
1.0% of the calibrated cylinder's pressure and
corresponding expansion values. This can be accomplished by bringing
the pressure to a value shown on the calibration certificate for the
calibrated cylinder used and verifying that the resulting total
expansion is within 1.0% of the total expansion shown on
the calibration certificate. Alternatively, calibration may be
demonstrated by bringing the total expansion to a known value on the
calibration certificate for the calibrated cylinder used and verifying
that the resulting pressure is within 1.0% of the pressure
shown on the calibration certificate. The calibrated cylinder must show
no permanent expansion. The retester shall be able to demonstrate
calibration in conformance with this paragraph (e)(4) to an authorized
RSPA inspector on any day that it retests cylinders. A retester shall
maintain calibrated cylinder certificates in conformance with paragraph
(e)(8)(iii) of this section.
(v) Minimum test pressure must be maintained for at least 30
seconds, and as long as necessary for complete expansion of the
cylinder. A system check may be performed at or below 90% of test
pressure prior to the retest. In the case of a malfunction of the test
equipment, the test may be repeated at a pressure increased by 10
percent or 100 psi, whichever is less. This paragraph (e)(4) does not
authorize retest of a cylinder otherwise required to be condemned under
paragraph (e)(6) of this section.
(5) Cylinder rejection. (i) A retester shall reject a cylinder when
on visual inspection, it meets a rejection standard set forth in CGA
Pamphlets C-6, C-6.1, C-6.2, or C-6.3, as applicable.
(ii) A cylinder that is rejected may not be marked as meeting the
requirements of this section. The retester shall notify the cylinder
owner, in writing, that the cylinder, unless requalified, reinspected
and retested in conformance with CGA Pamphlets C-6, C-6.1, C-6.2, or C-
6.3, as applicable, Part 173 of this subchapter, and any applicable
exemption, is rejected and may not be filled with hazardous material
for transportation in commerce where use of a specification packaging
is required.
(6) Cylinder condemnation. (i) A cylinder must be condemned when:
(A) On inspection, it meets a condition for condemnation set forth
in CGA Pamphlets C-6, C-6.1, C-6.2, or C-6.3, as applicable;
(B) The cylinder leaks through its wall;
(C) Evidence of cracking exists to the extent that the cylinder is
likely to be weakened appreciably;
(D) For a DOT specification cylinder other than a DOT 4E aluminum
cylinder, permanent expansion exceeds 10 percent of total expansion;
(E) For a DOT 4E aluminum cylinder, permanent expansion exceeds 12
percent of total expansion;
(F) For a DOT exemption cylinder, permanent expansion exceeds the
limit set forth in the applicable exemption, or the cylinder meets
another criterion for condemnation in the applicable exemption; or
(G) For a DOT specification 3HT cylinder, elastic expansion exceeds
the marked rejection elastic expansion.
(ii) A cylinder that is condemned may not be filled with hazardous
material for transportation in commerce where use of a specification
packaging is required and may not be marked as meeting the requirements
of this section or any DOT exemption. When a cylinder is required to be
condemned, the retester must stamp a series of X's over the DOT
specification number and marked service pressure, must stamp
``CONDEMNED'' on the shoulder, top head, or neck using a steel stamp
and must notify the cylinder owner, in writing, that the cylinder is
condemned and may not be filled with hazardous material for
transportation in commerce where use of a specification packaging is
required. Alternatively, at the direction of the owner, the retester
may render the cylinder incapable of holding pressure. No person may
remove or obliterate the ``CONDEMNED'' marking.
(7) Retester markings. (i) Each cylinder passing retest must be
marked with the retester's RIN set in a square pattern, between the
month and year of the retest date, in characters not less than 1/8-inch
high. The first character of the RIN must occupy the upper left corner
of the square pattern; the second in the upper right; the third in the
lower right, and the fourth in the lower left. Example: A cylinder
retested in May 1984, and approved by a retester who has been issued
identification number A123, would be marked plainly and permanently
into the metal of the cylinder in accordance with location requirements
of the cylinder

[[Page 54016]]
specification or on a metal plate permanently secured to the cylinder
in accordance with paragraph (c) of this section:

[GRAPHIC][TIFF OMITTED]TP18OC95.000

(ii) Markings of previous tests may not be obliterated. Cylinders
that are subject to the requirements of paragraphs (e)(11), (12)
(modified hydrostatic test only), (13) or (14) of this section, or the
requirements of Sec. 173.301(j) are not required to be marked with a
RIN. Variation from the marking requirement may be approved on written
request to the Associate Administrator for Hazardous Materials Safety
(DHM-32).
(8) Recordkeeping. A retester shall maintain the following records
at the retesting location, on paper or in a form from which a paper
copy can be produced on request.
(i) Records of authority to inspect, retest and mark must be
maintained, as follows:
(A) Current RIN issuance letter;
(B) If the RIN has expired and renewal is pending, a copy of the
renewal application; and
(C) Copies of notifications to RSPA required under paragraph
(e)(2)(iv) of this section.
(ii) Daily records of visual inspection and hydrostatic retest must
be maintained in chronological order for five years. A single date may
be used for each retest sheet, provided each retest on the sheet was
conducted on that date. Ditto marks or a solid vertical line may be
used to indicate repetition of the preceding entry for the following
entries: date, dimensions, manufacturer, owner, and retest operator.
Blank spaces may not be used to indicate repetition. Records must
include:
(A) For each test to demonstrate calibration, the date; serial
number of the calibrated cylinder; calibration test pressure; total,
elastic and permanent expansions; and legible identification of retest
operator. Calibrations must be recorded on the same sheets as, and in
chronological order with, retest records for that date;
(B) For each cylinder retested or visually inspected, records
containing the date; serial number; ICC/DOT specification or exemption
number; service pressure; dimensions; manufacturer (name or symbol);
owner; result of visual inspection; test pressure; total, elastic and
permanent expansions; percent permanent expansion; disposition, with
reason for retest, rejection or condemnation; and legible
identification of test operator. For each cylinder marked pursuant to
Sec. 173.302(c)(5), the retest sheet must indicate the method by which
average and maximum wall stresses were computed. Records must be kept
for all completed retests, as well as unsuccessful retests under
paragraph (e)(4)(v) of this section. The entry for a later retest under
paragraph (e)(4)(v) of this section after a failure to hold test
pressure, or retest of a cylinder requalified after rejection, must
indicate the date of the earlier inspection or retest; and
(C) Calculations of average and maximum wall stress pursuant to
Sec. 173.302(c)(3), if performed.
(iii) The most recent certificate of calibration must be maintained
for each calibrated cylinder used by the retester.
(9) A cylinder in chlorine or sulfur dioxide service made before
April 20, 1915, must be retested at 500 psi.
(10) A DOT 4-series cylinder that at any time shows evidence of a
leak or of internal or external corrosion, denting, bulging or rough
usage to the extent that it is likely to be weakened appreciably; or
that has lost five percent or more of its official tare weight; must be
retested before being recharged and shipped. (Refer to CGA Pamphlet C-6
or C-6.1, as applicable, regarding cylinder weakening). After retest,
the actual tare weight must be recorded as the new tare weight.
(11) A cylinder of 12 pounds or less water capacity authorized for
service pressure of 300 psi or less may be hydrostatically retested
without a water jacket and without determining total and permanent
expansions. The retest is successful if the cylinder, when examined
under test pressure, does not display a defect described in paragraph
(e)(6)(i)(B) or (C) of this section.
(12) A cylinder made in compliance with specification DOT 4B, DOT
4BA, DOT 4BW, DOT 4E or ICC-26-300\1\ (Secs. 178.50, 178.51, 178.61,
178.68 of this subchapter) that is used exclusively for anhydrous
dimethylamine; anhydrous methylamine; anhydrous trimethylamine; methyl
chloride; liquefied petroleum gas; methylacetylene-propadiene
stabilized; or dichlorodifluoromethane, difluoroethane,
difluorochloroethane, chlorodifluoromethane, chlorotetrafluoroethane,
trifluorochloroethylene, or mixture thereof, or mixtures of one or more
with trichlorofluoromethane; and that is commercially free from
corroding components and protected externally by a suitable corrosion
resistant coating (such as galvanizing or painting) may be retested
every 10 years (see Note 2) instead of every five years. Alternatively,
the cylinder may be subjected to internal hydrostatic pressure of at
least two times the marked service pressure without determination of
expansions (see Note 1), but this latter type of test must be repeated
every five years after expiration of the first 10-year period (see Note
2). When subjected to the latter test, the cylinder must be carefully
examined under test pressure and removed from service if a leak or
other harmful defect exists.

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

Note 1: A cylinder requalified by the modified hydrostatic test
method or external inspection must be marked after a retest or an
inspection by stamping the date of retest or reinspection on the
cylinder followed by the symbol ``E'' (external inspection) or ``S''
(modified hydrostatic test method) as appropriate.
Note 2: Until further order of the Department, the 10-year
retest period may be extended to 12 years, and the five-year retest
period may be extended to seven years after expiration of the first
12-year period.

(13) A cylinder made in conformance with a specification listed in
the table in this paragraph (e)(13) and used exclusively in the service
indicated may, instead of a periodic hydrostatic retest, be given a
complete external visual inspection at the time periodic retest becomes
due. External visual inspection in accordance with CGA Pamphlets C-6 or
C-6.1, as applicable, in addition to the other requirements of this
section, meets the requirement for visual inspection. When this
inspection is used instead of hydrostatic retesting, subsequent
inspections are required at five-year intervals after the first
inspection. Inspections shall be made only by competent persons and the
results recorded and maintained in accordance with paragraph (e)(8) of
this section. Records shall include: Date of inspection (month and
year); DOT specification number; cylinder identification (registered
symbol and serial number, date of manufacture, and owner); type of
cylinder protective coating (including statement as to need of
refinishing or recoating); conditions checked (e.g., leakage,
corrosion, gouges, dents or digs in shell or heads, broken or damaged
footring or protective ring or fire damage); disposition of cylinder
(returned to service, to cylinder manufacturer for repairs or
scrapped). A cylinder that passes inspection shall be marked with the
date in accordance with paragraph (e)(7) of this section. An ``E''
after the date indicates requalification by the

[[Page 54017]]
external inspection method. Specification cylinders must be in
exclusive service as follows:

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

(14) A cylinder made in compliance with specification DOT-3A, DOT-
3A 480X, or DOT-4AA480 used exclusively for anhydrous ammonia,
commercially free from corroding components, and protected externally
by a suitable corrosion resistant coating (such as painting) may be
retested every 10 years instead of every five years.
(15) A cylinder not exceeding two inches outside diameter and less
than 2 feet in length is exempted from hydrostatic retest.
(16) In addition to the other requirements of this section, a
cylinder marked DOT-3HT must be requalified in accordance with CGA
Pamphlet C-8 and the following:
(i) At least once every three years, the cylinder must be subjected
to a test by hydrostatic pressure in a water jacket to determine
elastic expansion.
(ii) The cylinder must be condemned:
(A) If elastic expansion exceeds the marked rejection elastic
expansion (REE). A cylinder made before January 17, 1978, and not
marked with an REE in cubic centimeters near the marked original
elastic expansion must be so marked before the next retest date. The
REE for a cylinder is 1.05 times its original elastic expansion.
(B) If there is evidence of denting or bulging.
(C) Twenty-four years after the date of the original test or after
4,380 pressurizations, whichever occurs first. If a cylinder is
recharged, on average, more than once every other day, an accurate
record of the number of rechargings must be maintained by the cylinder
owner or his agent.
(iii) The retest date and RIN must be applied by low-stress steel
stamp to a depth no greater than that of the marking at the time of
manufacture. Stamping on the sidewall is not authorized.
(17) A cylinder made in conformance with specification DOT-3A, DOT-
3AA, DOT-3B, DOT-4A, DOT-4BA or DOT-4BW (Secs. 178.36, 178.37, 178.38,
178.49, 178.51, 178.61 of this chapter) having a service pressure of
300 psi or less that is used exclusively for methyl bromide, liquid;
mixtures of methyl bromide and ethylene dibromide, liquid; mixtures of
methyl bromide and chlorpicrin, liquid; mixtures of methyl bromide and
petroleum solvents, liquid; or methyl bromide and nonflammable,
nonliquefied compressed gas mixtures, liquid; that is commercially free
of corroding components, and that is protected externally by a suitable
corrosion resistant coating (such as galvanizing or painting) and
internally by a suitable corrosion resistant lining (such as
galvanizing) may be tested every 10 years instead of every five years,
provided that a visual internal and external examination of the
cylinder is conducted every five years in accordance with CGA Pamphlet
C-6. The cylinder must be examined at each filling, and rejected if a
dent, corroded area, leak or other condition indicates possible
weakness.
(18) A cylinder made in conformance with specification DOT-3A or
3AA, that has a water capacity not exceeding 125 pounds and that is
removed from any cluster, bank, group, rack, or vehicle each time it is
filled, may be retested every 10 years instead of every five years,
provided:
(i) The cylinder was manufactured after December 31, 1945;
(ii) The cylinder is used exclusively for air, argon, cyclopropane,
ethylene, helium, hydrogen, krypton, neon, nitrogen, nitrous oxide,
oxygen, sulfur hexafluoride, xenon, permitted mixtures of these gases
(see Sec. 173.301(a)) and permitted mixtures of these gases with up to
30 percent by volume of carbon dioxide, provided that the gas has a dew
point at or below minus 52 deg.F. at 1 atmosphere;
(iii) Before each refill, the cylinder passes the hammer test
specified in CGA Pamphlet C-6;
(iv) If since the last required hydrostatic retest the cylinder has
not been used exclusively as specified in paragraph (e)(18)(ii) of this
section, it currently conforms to the requirements of paragraphs
(e)(18) (i) and (iii) of this section and has been retested under, and
meets the criteria prescribed by, Sec. 173.302(c) (2), (3) and (4);
(v) Each cylinder is stamped with a five-point star at least one-
fourth of an inch high immediately following the test date. If a
cylinder marked with the star is used other than as specified in this
paragraph (e)(18), the star following the most recent test date must be
obliterated and the cylinder must be tested every five years;
(vi) The cylinder is dried immediately after hydrostatic testing to
remove all traces of free water; and
(vii) The cylinder is not used for underwater breathing.
(19)(i) A cylinder that previously contained a Class 8 (corrosive)
material may not be used to transport a compressed gas in commerce
unless the following requirements are met:
(A) The cylinder is visually inspected, internally and externally,
in accordance with CGA Pamphlet C-6;
(B) Regardless of the date of previous retest, the cylinder is
subjected to and passes inspection and hydrostatic retest in accordance
with this section; and

[[Page 54018]]

(C) The record prescribed in paragraph (e)(8) of this section
includes: the month and year of inspection and test; the cylinder
identification (including ICC or DOT specification number, registered
symbol, serial number, date of manufacture and owner); the conditions
checked (e.g., leakage, corrosion, gouges, dents, or digs in shell or
heads, broken or damaged footrings, fire damage) and the disposition of
the cylinder (returned to service, returned to the manufacturer for
repairs, or scrapped).
(ii) A cylinder requalified for compressed gas service in
accordance with this paragraph (e)(19) may have its next retest and
inspection scheduled from the date of the inspection and retest
prescribed in this paragraph (e). If decontamination cannot remove all
significant residue or impregnation by the Class 8 material, the
cylinder may not be used to transport compressed gas in commerce.
(20) DOT 8 and 8AL cylinders. (i) Each owner of a DOT 8 or 8AL
cylinder used to transport acetylene must have the cylinder shell and
the porous filler requalified in accordance with CGA Pamphlet C-13.
Requalification must be performed in accordance with the following
schedule:

--------------------------------------------------------------------------------------------------------------------------------------------------------
Shell (visual inspection) requalification Porous filler requalification
Date of cylinder manufacture -------------------------------------------------------------------------------------------------------------------
Initial Subsequent Initial Subsequent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Before January 1, 1991.............. Before January 1, 2001...... 10 yrs.................. Before January 1, 2011...... Not required.
On or after January 1, 1991......... 10 yrs.\1\.................. 10 yrs.................. 3 to 20 yrs.\2\............. Not required.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Years from date of cylinder manufacture.
\2\For a cylinder manufactured on or after January 1, 1991, requalification of the porous filler must be performed no sooner than 3 years, and no later
than 20 years, from the date of manufacture.

(ii) Unless requalified and marked in accordance with CGA Pamphlet
C-13 before October 1, 1994, an acetylene cylinder must be requalified
by a person who holds a valid RIN. Each cylinder successfully passing a
shell or filler requalification must be marked with the retester's RIN
in accordance with paragraph (e)(7) of this section. In addition, the
cylinder must be marked to identify the type of requalification
performed in accordance with paragraph 4.8 of CGA Pamphlet C-13. For
example, the letter ``S'' must be used for a shell requalification and
the letter ``F'' for a porous filler requalification.
(iii) If a cylinder valve is replaced, a cylinder valve of the same
weight must be used or the tare weight of the cylinder must be adjusted
to compensate for valve weight differential.
(21) A DOT specification 4B, 4BA, 4B240ET or 4BW (Secs. 178.50,
178.51, 178.55 and 178.61 of this subchapter) cylinder used as a fire
extinguisher may be retested in accordance with requirements contained
in this paragraph (e)(21), subject to the following conditions:
(i) The cylinder is used exclusively as a fire extinguisher and
contains fire extinguishing agents such as ammonium phosphate, sodium
bicarbonate, potassium bicarbonate, potassium imido dicarboxamide and
bromochlorodifluromethane or bromotrifluoromethane that are
commercially free from corroding components. The extinguishing agents
must be expelled by gases that are nonflammable, non-poisonous, and
noncorrosive as defined under this subchapter.
(ii) As part of the periodic retest, the retester must perform an
external and internal visual inspection in accordance with CGA Pamphlet
C-6. The cylinder must be carefully examined while under test pressure.
A cylinder that passes hydrostatic retest using a water jacket method
must be marked in accordance with paragraph (e)(7) of this section or,
if using the modified hydrostatic test method, with the month and year
of retest followed by the letter ``S''. A retest must be performed 12
years after the original test date and subsequent retests must be as
follows: At a seven-year interval if the modified hydrostatic test was
last performed or at a 12-year interval if the water jacket method was
last used.
* * * * *
6. In Sec. 173.301, paragraph (j) would be revised to read as
follows:

Sec. 173.301 General requirements for shipment of compressed gases in
cylinders.\1\

\1\Requirements covering cylinders are also applicable to
spherical pressure vessels.
---------------------------------------------------------------------------

* * * * *
(j) Charging of foreign cylinders for export. (1) A cylinder
manufactured outside the United States that has not been manufactured,
inspected, tested and marked in accordance with part 178 of this
subchapter may be charged with compressed gas in the United States, and
shipped, only for export. It may be charged and shipped for export only
if it meets the following requirements, in addition to other
requirements of the subchapter:
(i) It has been inspected, tested and marked in conformance with
the procedures and requirements of Sec. 173.34(e); and
(ii) It meets the maximum filling density and service pressure
requirements of this part.
(2) The bill of lading or other shipping paper must identify the
cylinder and carry the following certification: ``This cylinder has
[These cylinders have] been retested and refilled in accordance with
DOT requirements for export.''
* * * * *
7. In Sec. 173.302, in paragraph (c)(3), the text preceding the
table and the value for ``K'' in Note 1 following the table would be
revised, and Note 3 would be added, to read as follows:

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

* * * * *
(c) * * *
(3) That neither the average wall stress nor the maximum wall
stress exceeds the wall stress limitation shown in the following table
(see Notes 1, 2 and 3):
* * * * *
Note 1: * * *
K=factor x 10^{-7 , experimentally determined for the particular
type of cylinder being tested, or derived in accordance with CGA
Pamphlet C-5;
* * * * *
Note 3: Compliance with average wall stress limitation may be
determined through computation of the elastic expansion rejection
limit in accordance with CGA Pamphlet C-5.
* * * * *
8. In Sec. 173.309, paragraph (b) would be revised to read as
follows:

Sec. 173.309 Fire extinguishers.

* * * * *
(b) Specification 3A, 3AA, 3E, 3AL, 4B, 4BA, 4B240ET or 4BW
(Secs. 178.36, 178.37, 178.42, 178.46, 178.50, 178.51, 178.55 and
178.61 of this subchapter) cylinders.

[[Page 54019]]

Issued in Washington, DC on October 11, 1995, under authority
delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 95-25584 Filed 10-17-95; 8:45 am]
BILLING CODE 4910-60-P}