[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





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Research and Special Programs Administration



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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