[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Proposed Rules]
[Pages 6667-6668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3461]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107, 171, 172, 173, 177, 178, and 180

[Docket No. RSPA-98-3684 (HM-220)]
RIN 2137-AA92


Hazardous Materials: Requirements for DOT Specification 
Cylinders; Withdrawal of Published Proposals and Termination of 
Rulemaking

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

ACTION: Proposed rulemaking; withdrawal of published proposals and 
termination of rulemaking.

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SUMMARY: On October 30, 1998, RSPA published a notice of proposed 
rulemaking (NPRM) to amend certain requirements in the Hazardous 
Materials Regulations that apply to the maintenance, requalification, 
repair, and use of DOT specification cylinders. In addition, RSPA 
proposed to establish four new metric-marked cylinder specifications 
and to discontinue authorization for the manufacture of cylinders to 
certain current DOT specifications. For administrative purposes, RSPA 
is terminating action under this docket. Proposals in the NPRM related 
to establishing new metric-marked cylinder specifications and 
discontinuing current DOT specification cylinders are withdrawn. 
Proposals in the NPRM related to maintenance, requalification, repair, 
and use of DOT specification cylinders will be addressed in a final 
rule to be issued under a new docket number.

FOR FURTHER INFORMATION CONTACT: Susan Gorsky, telephone number (202-
366-8553) Office of Hazardous Materials Standards, or Cheryl Freeman, 
telephone number (202) 366-4545, Office of Hazardous Materials 
Technology, Research and Special Programs Administration, U.S. 
Department of Transportation, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 30, 1998, the Research and Special Programs 
Administration (RSPA, we) published a notice of proposed rulemaking 
(NPRM) under Docket HM-220 (63 FR 58460). In the NPRM, we proposed to 
amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) 
to: (1) Establish four new DOT cylinder specifications that would 
replace 12 current cylinder specifications; (2) revise the requirements 
for maintenance, requalification, repair and use of all DOT 
specification cylinders; and (3) discontinue the manufacture of certain 
specification cylinders. We took this action because we have not 
updated many of the current cylinder specifications since their 
adoption in the regulations prior to the 1950s. The proposed changes 
were intended to enhance operational controls and transportation safety 
by incorporating into the HMR new manufacturing and testing 
technologies and clarifying existing regulatory requirements. In 
addition, the proposed changes addressed three National Transportation 
Safety Board (NTSB) recommendations for improving the safety of 
cylinders in transportation. Finally, the proposed changes eased the 
burden on the regulated industry by incorporating the provisions of 
more than 30 exemptions into the HMR.
    More than 140 commenters submitted over 200 written comments in 
response to the NPRM, including representatives of cylinder 
manufacturers, cylinder parts and equipment manufacturers, 
requalifiers, refillers, gas producers, distributors, shippers, 
carriers, users, emergency responders, industry trade associations, 
federal and state governmental agencies, private consultants, and 
private citizens. In addition, we held a series of public meetings to 
provide technical information on the proposals and to obtain 
clarification of certain industry comments.
    A listing of the more significant proposals appears in the NPRM on 
page 58461 of the 1998 Federal Register notice. Readers should refer to 
the NPRM for detailed background discussions.

[[Page 6668]]

II. Proposals To Be Withdrawn

    Many commenters were supportive of RSPA's efforts to address the 
issues raised in the NPRM. However, most commenters opposed the 
proposals to establish four new metric-marked cylinder specifications, 
discontinue authorization for the manufacture of certain specification 
cylinders, and require the use of ultrasonic examination for cylinder 
requalification. For the reasons outlined below, these proposals are 
withdrawn.

A. Proposal to establish four new metric-marked cylinder 
specifications--Withdrawn

    The 1998 HM-220 NPRM proposed to establish four new cylinder 
specifications. The NPRM identified the proposed new seamless cylinder 
specifications as DOT 3M, 3ALM, and 3FM and the welded cylinder 
specification as DOT 4M. The proposed specifications are more 
performance-oriented than the current DOT cylinder specifications, and 
incorporate technological innovations and practices. The NPRM proposed 
to identify the new specification cylinders with a unique specification 
marking that closely approximates the markings in draft standards 
developed by the International Standards Organization (ISO) and the 
European Committee for Standardization. The new specification marking 
proposal required cylinders to be marked in metric units, and with a 
test pressure in place of the currently-required service pressure. In 
addition, all cylinders manufactured or rebuilt to the new DOT metric-
marked cylinder specifications were subject to independent inspection.
    Most commenters opposed the proposed new cylinder specifications. 
In particular, commenters objected to adoption of specifications based 
on draft ISO documents. These commenters were concerned that the ISO 
drafts could be changed and that cylinders manufactured to the draft 
standards may not be accepted for transportation in the world market. 
Commenters requested that we delay consideration of the proposed 
metric-marked cylinder specifications until the ISO finalizes its work 
on the international cylinder standards, and the United Nations (UN) 
Committee of Experts on the Transport of Dangerous Goods incorporates 
the ISO standards into the UN Recommendations on the Transport of 
Dangerous Goods (UN Model Regulations).
    Based on the merits of the comments received, we agree the proposed 
metric-marked cylinder standards and related proposals that were based 
on the draft ISO standard should not be adopted. We worked closely with 
the UN Committee of Experts as it developed an international cylinder 
standard based on the ISO requirements referenced above. The new 
international standard was adopted as part of the UN Model Regulations 
in December 2000. We will address issues related to the harmonization 
of the U.S. cylinder regulations with the UN Model Regulations in a 
future rulemaking.

B. Proposal to discontinue authorization for the manufacture of 
cylinders to certain current DOT specifications--Withdrawn

    The 1998 HM-220 NPRM proposed a phased-out termination of the 
manufacture of cylinders made to DOT specifications 3A, 3AA, 3AX, 3AAX, 
3AL, 3B, 3T, 3BN, 4B, 4BA, 4BW, 4B240ET, and 4E; and a transition 
period of five years from the effective date of the final rule for the 
continued construction of them. Under the NPRM, all existing cylinders 
made to these specifications were authorized for continued use, 
provided they conform to the requalification standards. Numerous 
commenters objected to the proposal to phase-out the manufacture of 
these cylinders. They stated that cylinders made to these 
specifications have a proven safety record, and that we provided no 
data to support discontinuing their manufacture. We agree and are 
withdrawing the proposal.
    In conjunction with our withdrawal of the proposal to establish 
four new metric-marked cylinder specifications for seamless and welded 
cylinders, we also are withdrawing the proposal to prohibit new 
construction of certain DOT specification cylinders after five years. 
Thus, continued manufacture of cylinders made to DOT specifications 3A, 
3AA, 3AX, 3AAX, 3AL, 3B, 3T, 3BN, 4B, 4BA, 4BW, 4B240ET, and 4E is 
authorized.

C. Proposal to require ultrasonic examination for the requalification 
of certain cylinders--Withdrawn

    The 1998 HM-220 NPRM proposed to require metric-marked cylinders to 
be requalified using ultrasonic examination, and to permit ultrasonic 
examination as an alternative requalification method for current DOT 
specification cylinders. Several commenters supported the use of 
alternative requalification test methods, such as ultrasonic 
examination and acoustic emission. These commenters state that these 
methods may be more effective than a pressure test, especially for 
cylinders where contamination is an issue. One commenter noted that its 
use of ultrasonic examination has resulted in substantial cost savings. 
However, most commenters strongly objected to the proposal to requalify 
cylinders by ultrasonic examination. These commenters were concerned 
about the potentially high cost of new ultrasonic examination equipment 
and stated that ultrasonic examination is not as effective as a 
pressure test in detecting flaws in cylinders with flat bottoms or 
hemispherical ends. These commenters also suggested we develop more 
specific guidelines for cylinder requalifiers on the use of ultrasonic 
examination.
    In consideration of the comments received, both pro and con, we are 
withdrawing the proposal to authorize the use of ultrasonic examination 
as an alternative requalification method under general provisions in 
the regulations. We will continue to allow the use of ultrasonic 
examination to requalify cylinders under the exemption program. We may 
re-examine this issue in a future rulemaking.

III. Separation of Published Proposals and Termination of 
Rulemaking

    A number of the proposals in the 1998 NPRM issued under Docket HM-
220 addressed maintenance, requalification, repair, and use of current 
DOT specification cylinders. Commenters generally supported these 
proposals. However, a substantial portion of the 1998 HM-220 NPRM 
relates to the proposed manufacture, requalification, and use of 
metric-marked cylinders. Therefore, we are separating the proposals 
applicable to current DOT specification cylinders, including proposals 
related to the three NTSB recommendations, from those applicable to 
metric-marked cylinders. We plan to issue a final rule to address the 
proposals applicable to current DOT specification cylinders under a new 
Docket, HM-220D, identified as Docket No. RSPA-O1-10373, RIN 2137-AD58. 
Further action under this Docket No. RSPA-98-3684, HM-220, RIN 2137-
AA92, is hereby terminated.

    Issued in Washington, DC on February 7, 2002, under authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety, Research and 
Special Programs Administration.
[FR Doc. 02-3461 Filed 2-12-02; 8:45 am]
BILLING CODE 4910-60-P