[Federal Register Volume 61, Number 165 (Friday, August 23, 1996)]
[Proposed Rules]
[Pages 43515-43517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21567]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 173

[Docket No. HM-220C; Notice No. 96-16]
RIN 2137-AC86


Receipt of Petition for Rulemaking--Filling of Propane Cylinders

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

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: This notice solicits comments on the merits of a petition for 
rulemaking filed by the Barbecue Industry Association (BIA). BIA 
petitioned for a revision to 49 CFR 173.304(d) that would require 
registration and training of persons who fill propane cylinders, 
certification of filling equipment operators, and proof of financial 
responsibility.

DATES: Comments must be received by November 21, 1996.

ADDRESSES: Comments to this ANPRM should be addressed to the Dockets 
Unit (DHM-30), Research and Special Programs Administration, U.S. 
Department of Transportation, Washington, DC 20590-0001. Comments may 
also be faxed to (202) 366-3753. Comments should identify the docket 
(HM-220C) and be submitted, if possible, in five copies. Persons 
wishing to receive confirmation of receipt of their comments should 
include a self-addressed stamped post card showing the docket number. 
The Dockets Unit is located in Room 8421 of the Nassif Building, 400 
Seventh Street, SW., Washington, DC 20590-0001. Public dockets may be 
reviewed between the hours of 8:30 a.m. and 5:00 p.m., Monday through 
Friday, except Federal holidays.


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FOR FURTHER INFORMATION CONTACT: Eileen E. Martin, (202) 366-8553, 
Office of Hazardous Materials Standards, RSPA, 400 Seventh Street, SW., 
Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: In letters dated January 16, 1996, and March 
12, 1996, U.S. Representative Richard Burr (NC) submitted to the 
Department of Transportation an undated petition for rulemaking from 
the Barbecue Industry Association (BIA) under the provisions of 49 CFR 
106.31. The petition was forwarded to the Research and Special Programs 
Administration (RSPA), which assigned a petition number, P-1298. In the 
petition, BIA requested that the Hazardous Materials Regulations (HMR; 
49 CFR Parts 171-180) be amended to require registration and training 
of persons who fill certain propane cylinders, certification of filling 
equipment, and proof of financial responsibility. The BIA's overview on 
filling cylinders with liquefied petroleum gas and proposed regulatory 
language to Sec. 173.304(d) are published verbatim in this notice. 
RSPA's publication of the BIA's petition as an Advance Notice of 
Proposed Rulemaking (ANPRM) does not constitute a decision by RSPA to 
undertake a rulemaking action on the substance of the petition. This 
ANPRM is issued solely to obtain comments on the merits of the petition 
to assist RSPA in making a decision on whether to proceed with a 
rulemaking. Of particular interest are substantive comments that 
address the following items: (1) Estimated incremental costs or 
savings; (2) anticipated safety benefits; (3) estimated burden hours 
associated with proposals related to information collection; (4) impact 
on small businesses; and (5) impact on the national environment.
    The petition is quoted as follows:

Petition for Rulemaking Proposed by the Barbecue Industry Association

PROPOSED ADDITIONAL LANGUAGE TO 49 CFR SECTION 173.304(d)

(Requested additional language is underlined and italicized)

    49 CFR Sec. 173.304(d) Charging of cylinders with liquefied 
compressed gases.
    (4) Verification of content. Containers with a water capacity of 
200 pounds or more and for use with a liquefied petroleum gas with a 
specific gravity a 60 deg.F. of 0.504 or greater may have their 
contents determined by using a fixed length dip tube gauging device. 
The length of the dip tube shall be such that when a liquefied 
petroleum gas with a specific volume of 0.03051 cu. ft./lb. at a 
temperature of 40 deg.F. is charged into the container it just 
reaches the bottom of the tube. The weight of this liquid shall not 
exceed 42 percent of the water capacity of the container which must 
be stamped thereon. The length of the dip tube, expressed in inches 
carried out to one decimal place and prefixed with the letters 
``DT'' shall be stamped on the container and on the exterior of 
removable type dip tube; for the purpose of this requirement the 
marked length shall be expressed as the distance measured along the 
axis of a straight tube from the top of the boss through which the 
tube is inserted to the proper level of the liquid in the container. 
The length of each dip tube shall be checked when installed by 
weighing each container after filling except when installed in 
groups of substantially identical containers in which case one of 
the 25 containers shall be weighed. The quantity of liquefied gas in 
each container must be checked by means of the dip tube after 
disconnecting from the charging line. The outlet from the dip tube 
shall be not larger than a No. 54 drill size orifice. A container 
representative of each day's filling at each charging plant, shall 
have its contents checked by weighing after disconnecting from the 
charging line.
    (5) Registration by DOT is required of any individual to fill 
with Liquefied Petroleum Gas (LPG) any DOT container of less than 
200 lbs. water capacity which comes under the jurisdiction of DOT.
    RSPA may issue this registration based on an application and an 
inspection report of the facility used by the applicant and of the 
applicant's qualifications performed by an independent inspection 
agency approved pursuant to Sec. 173.300a, and any other information 
available to RSPA. Application will be accompanied by;
    (1) Certification of training in accordance with Sec. 172.700 
and Sec. 173.304(d);
    (2) Certification of equipment suitable for use with LPG to 
provide for accurate weight filling in accordance with 
Sec. 173.304(c) and National Institute of Technology (NIST) Handbook 
44; and
    (3) Proof of financial responsibility in the minimum amount of 
one million ($1,000,000.00) dollars.
    The purpose of the financial responsibility requirement is to 
create additional incentives to individuals to fill with LPG any DOT 
containers of less than 200 lbs. water capacity which comes under 
the jurisdiction of DOT to maintain and operate the filling 
equipment in a safe manner and to assure that motor carriers 
maintain an appropriate level of financial responsibility for said 
equipment.
    Initial or renewal applications may be obtained from the 
Associate Administrator for Hazardous Materials Safety, U.S. 
Department of Transportation, Washington, D.C. 20590-0001.

Overview of the Filling of LP Gas 20 Pound Cylinders

    One of the most popular activities in America is outdoor 
barbecuing. In 1993, over 5 million propane gas grills were sold, which 
were used an average of 5.1 times per month. Both gas grill usage and 
sales show significant year to year increases. The National Propane Gas 
Association estimates that there are currently 50 million 20 pound 
cylinders in use, as well as an additional 5 to 6 million being 
produced annually. It is believed that the market is ever increasing, 
and consequently, the above numbers shall increase significantly on an 
annual basis.
    With such a large market for propane use and refilling of 
cylinders, there are many companies and people who see it as 
advantageous to get into the propane cylinder filling business. 
Regrettably, however, because there is no uniform standard for 
regulating the training and certification of those who fill cylinders, 
there is no incentive to ensure that cylinders are being properly 
filled. Nor are there incentives to obtain liability insurance that 
adequately protects the consumers from accidents which might occur due 
to untrained and irresponsible propane fillers.
    Currently, there are many ``mom and pop'' operations where people 
are getting into the propane refilling business without the requisite 
training or understanding of the proper procedures which must be 
followed when filling propane cylinders. Most of these operations do 
receive training from their propane bulk supplier. Unfortunately, this 
training is often given to the owner or other responsible employee who 
fails to pass this training and knowledge on to those employees who are 
responsible for day to day filling operations. Uniform regulations 
governing the certification of fill-station operators will go a long 
way in preventing irresponsible fill-station operators from permitting 
untrained employees to fill or otherwise service 20 pound propane 
cylinders.
    The only way to ensure that fill-station operators are properly 
trained and familiar with propane filling procedures is to enact 
regulations to force the fill-station operators to provide proof that 
they understand and enforce the safe filling of LP gas cylinders. 
Certification of these individuals is the only way to insure that this 
will occur. Furthermore, there must be adequate insurance to protect 
the consumer should an accident occur.
    To reduce the chances of overfilling a 20 pound cylinder, action 
must be taken to insure that fill-station operators receive proper 
training in the safe handling and filling of the cylinders by weight by 
using certified scales equipped with electronic, pneumatic, or 
hydraulic stop-fill protection. Such a system reduces the risk of 
overfilling by requiring the operator to input the tare weight of each 
cylinder prior to the beginning of the filling sequence. Furthermore, 
operators should have proof that they are certified to fill cylinders 
properly. The very proposal to

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require training and certification of fill-service operators will go a 
long way in further reducing accidents resulting from overfilled 
propane cylinders.
    Requiring $1 million dollars liability insurance will clarify the 
point to the fill-station operators of the seriousness of cylinder 
accidents which could improve the performance of operators and increase 
the safety standards in the industry. Propane fillers who are required 
to prove that they have properly trained and certified all personnel, 
along with requiring that they have properly insured their operations, 
will make sure that all operators are not seeking to make money without 
taking any of the necessary precautions to protect propane users.
    The industry is continuously looking for new methods to insure the 
safe handling of propane gas by propane fillers. If propane dispensing 
attendants always followed the proper procedures for filling by weight 
or correct filling by volume, overfilling accidents would never occur. 
But alas, this is a system which depends for its safety on the 
continued cooperation and attention of every filling attendant, every 
time a container is filled. Thus, simple regulations must be enacted to 
insure that fill-station operators are properly trained, certified and 
insured. In the end, both the consumer and producers of the products 
will be protected.
    In short, any new regulation should require fill-station operators 
and/or companies to have proper training with training certificates for 
filling of cylinders, national registration of the certification, $1 
million dollars in liability insurance, and strong and enforceable 
language for proper performance and compliance with specified safety 
procedures.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This advance notice of proposed rulemaking 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. This 
advance notice of proposed rulemaking is not considered significant 
under the regulatory policies and procedures of the Department of 
Transportation (44 FR 11034; February 26, 1979).

B. Executive Order 12612

    RSPA will evaluate any proposed rule in accordance with the 
principles and criteria contained in Executive Order 12612 
(``Federalism'').

C. Regulatory Flexibility Act

    RSPA will evaluate any proposed rule to determine whether it would 
have a significant economic impact on a substantial number of small 
entities.

D. Paperwork Reduction Act

    There are no new information collection requirements in this 
advance notice of proposed rulemaking.

E. Regulations Identifier Number (RIN)

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

List of Subjects in 49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference, 
Packaging and containers, Radioactive materials, Reporting and record 
keeping requirements, Uranium.

    Issued in Washington, DC, on August 19, 1996 under authority 
delegated in 49 CFR Part 106, Appendix A.
Robert A. McGuire,
Deputy Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-21567 Filed 8-22-96; 8:45 am]
BILLING CODE 4910-60-P