[Federal Register Volume 67, Number 153 (Thursday, August 8, 2002)]
[Rules and Regulations]
[Pages 51626-51668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15977]



[[Page 51625]]

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Part II





Department of Transportation





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Research and Special Programs Administration



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49 CFR Part 107 et al.



Hazardous Materials: Requirements for Maintenance, Requalification, 
Repair and Use of DOT Specification Cylinders; Final Rule

  Federal Register / Vol. 67, No. 153 / Thursday, August 8, 2002 / 
Rules and Regulations  

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107, 171, 172, 173, 177, 178, 179, and 180

[Docket No. RSPA-01-10373 (HM-220D)]
RIN 2137-AD58


Hazardous Materials: Requirements for Maintenance, 
Requalification, Repair and Use of DOT Specification Cylinders

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

ACTION: Final rule.

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SUMMARY: In this final rule, RSPA is amending the requirements of the 
Hazardous Materials Regulations applicable to the maintenance, 
requalification, repair, and use of DOT specification cylinders. In 
addition, RSPA is adopting changes to revise the requirements for 
approval of cylinder requalifiers, independent inspection agencies, and 
non-domestic chemical analysis and tests. Further, RSPA is removing 
authorization for the manufacture of DOT specification cylinders made 
with aluminum alloy 6351-T6. This action is being taken to simplify the 
regulations, respond to petitions for rulemaking, address 
recommendations of the National Transportation Safety Board, and 
enhance the safe transportation of hazardous materials in cylinders.

DATES: Effective Date: October 1, 2002.
    Incorporation by Reference Date: The incorporation by reference of 
publications listed in this final rule has been approved by the 
Director of the Federal Register as of October 1, 2002.

FOR FURTHER INFORMATION CONTACT: Cheryl Freeman or Mark Toughiry, (202) 
366-4545, Office of Hazardous Materials Technology, Research and 
Special Programs Administration.

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 to replace the 
12 current seamless and welded 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 many of 
our current cylinder specifications have not been updated since their 
adoption into the regulations over 50 years ago. 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 would have 
eased the regulatory burden on the regulated industry by incorporating 
the provisions of more than 30 exemptions into the HMR.
    More than 140 commenters submitted over 200 comments in response to 
the NPRM, including representatives of cylinder and equipment 
manufacturers, requalifiers, refillers and users, trade associations, 
gas producers, distributors, shippers, carriers, emergency responders, 
representatives of federal and state governmental agencies, private 
consultants, and the general public. In addition, we held a series of 
public meetings to obtain comments.
    Many commenters objected to the proposed new metric-marked cylinder 
specifications, identified as 3M, 3ALM, 3FM, and 4M. Commenters also 
opposed the proposed requirement for these new metric-marked cylinders 
and certain cylinders manufactured to the current specifications, that 
is, non-metric marked cylinders, to be requalified by ultrasonic 
examination. These commenters suggested we allow continued manufacture 
of cylinders to the current DOT specifications and revise the current 
requirements to include certain enhancements from the metric-marked 
cylinder proposals. These commenters preferred we wait until after the 
International Organization for Standardization (ISO) cylinder standards 
were completed and adopted into the United Nation (UN) Recommendations 
on the Transport of Dangerous Goods (UN Model Regulations) before we 
considered incorporating new specification requirements into the HMR. 
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. Because of significant 
opposition to many of the proposals in the 1998 NPRM, we published a 
notice in the Federal Register on February 13, 2002 (67 FR 6667), 
terminating rulemaking action under Docket HM-220. The termination 
notice announced that we were withdrawing the proposals applicable to 
metric-marked cylinders and ultrasonic examination.
    We worked closely with the UN Committee of Experts as it developed 
an international cylinder standard based on the above-referenced ISO 
requirements. 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. The proposals in the 1998 NPRM 
relating to maintenance, requalification, repair, and use of DOT 
specification cylinders and approval of cylinder requalifiers, 
independent inspection agencies, and non-domestic chemical analyses and 
tests are addressed in this final rule, which has been designated HM-
220D (RSPA-01-10373).
    The 1998 NPRM proposed to require all cylinders manufactured or 
rebuilt to the proposed new metric-marked cylinder specifications to 
undergo inspection and certification by an Independent Inspection 
Agency rather than an employee of the manufacturing company. This 
proposal responded to an NTSB recommendation (I-90-009) that RSPA 
require independent inspection of new and reconditioned low pressure 
cylinders consistent with current independent inspection requirements 
for high pressure cylinders. Because we are not adopting the metric-
marked cylinder specifications in this final rule, we are not adopting 
the proposed independent inspection requirements. However, we will 
address this issue in a rulemaking to harmonize the U.S. cylinder 
regulations with the UN Model Regulations that we plan to initiate in 
the near future.

II. Overview of Changes in this Final Rule

    In this final rule, we are amending the HMR to:
    (1) Prohibit a filled cylinder with a specified service life from 
being offered for transportation in commerce after its service life has 
expired.
    (2) Remove authorization for the manufacture of DOT specification 
cylinders using aluminum alloy 6351-T6. Cylinders manufactured with 
this aluminum alloy have a greater risk of failure than other aluminum 
cylinders.
    (3) Incorporate by reference new and updated Compressed Gas 
Association (CGA) standards and updated American

[[Page 51627]]

Society for Testing and Materials (ASTM) standards.
    (4) Require each person who performs a requalification function 
that requires marking of an inspection or retest date on a cylinder to 
have approval from the Associate Administrator for Hazardous Materials 
Safety (Associate Administrator).
    (5) Standardize requirements for repair and rebuilding of DOT-4 
series cylinders, other than the DOT 4L.
    (6) Allow the application of requalification markings on cylinders 
by using alternative methods that produce durable, legible marks.
    (7) Require pressure relief devices on all DOT-3 series 
specification cylinders to be set at test pressure with a tolerance of 
-10% to +0 beginning at the first requalification due on or after the 
effective date of this final rule.
    In addition, we are consolidating requirements for obtaining 
approval to be a cylinder requalifier, independent inspection agency, 
or to have chemical tests or analyses performed outside the United 
States on cylinders manufactured outside the United States in a new 
Subpart I in Part 107.
    The safety of cylinders constructed with aluminum alloy 6351-T6 was 
first raised in a safety advisory and NPRM published in 1987 under 
Docket HM-176A. With publication of this final rule, further action 
under Docket HM-176A is terminated.

III. Section-by-Section Review

    The following is a section-by-section review of the changes adopted 
in this final rule and, where applicable, a discussion of comments 
received.

Part 107

Section 107.1
    This final rule adopts the proposal in the 1998 NPRM to remove the 
reference to a cylinder retester who is registered pursuant to 
Sec. 173.34(a)(1) from the definition of ``registration.'' Commenters 
did not address this issue.

Subpart I

    The 1998 NPRM proposed to add a new subpart I to Part 107 to 
consolidate procedures currently in Secs. 173.34(e)(2), 173.300a, and 
173.300b of the HMR for obtaining approval from the Associate 
Administrator. The approval procedures address requirements for 
cylinder requalifiers and independent inspection agencies (IIAs), and 
to have chemical tests or analyses performed outside the United States 
on DOT specification cylinders manufactured outside the United States. 
Commenters generally supported this proposal. This final rule adopts 
the proposed consolidation in Part 107, with the revisions noted below.

Section 107.803

    Prescribes application procedures for approval or renewal as an 
IIA. These procedures permit an approved IIA to perform other functions 
relating to the cylinder requalification requirements. The criteria 
permit the approval of any person or organization technically competent 
to perform cylinder requalification functions and free from undue 
influence by persons involved with the fabrication, ownership, or 
movement of the cylinders that the applicant, if approved, would be 
called upon to evaluate and certify. We are not adopting a proposal to 
permit persons or organizations approved by foreign governments to 
perform these functions. This latter proposal was contingent upon our 
adopting the metric-marked cylinder specifications proposed in the 
NPRM.

Section 107.805

    Sets forth application procedures for a person seeking approval to 
perform periodic cylinder requalifications. The NPRM proposed to 
broaden the current approval requirement to apply to any person who 
performs a requalification function after which the cylinder is 
required to be marked with a date. The affected requalification 
functions include visual inspections, pressure tests, repairs, and 
rebuilding of cylinders. The new approval procedures will enhance the 
accountability of the cylinder requalification process. This change was 
supported by most commenters. However, the National Propane Gas 
Association (NPGA) and some of its members opposed the proposal because 
it would require persons who perform only visual inspections of 
cylinders to obtain DOT approval. NPGA stated that this new approval 
requirement is burdensome, unenforceable, and an excessive response to 
a safety problem only identifiable through individual instances of 
egregious cylinder wear. NPGA also said that the proposal could 
potentially affect tens of thousands of individuals and many small 
facilities. We disagree. As we stated in the NPRM, this change ensures 
the accountability of a person performing visual requalifications. In 
addition, this change provides RSPA with the authority to revoke or 
suspend a person's approval for demonstrated noncompliance with the 
requalification requirements. Also, if an applicant must certify it has 
the ability to perform requalifications, each applicant's awareness of 
the importance of compliance should be heightened. We estimate the 
number of affected requalifiers to be 7,200. Under the provisions in 
this final rule, these requalifers must submit a letter containing 
information on their qualifications and the location at which they 
work. The regulatory burden imposed by this new requirement is minimal. 
Moreover, this final rule includes a transition period of one year to 
allow sufficient time for affected individuals to obtain the requisite 
approvals.
    As requested by commenters, we are making editorial changes to 
paragraph (f) to recognize that visual cylinder requalifications are 
often performed at the owner's or end-user's facility rather than the 
requalifier's facility.
    Because this final rule expands the approval provisions to apply to 
repairers and rebuilders, we are replacing the terms ``retester'' and 
``retester identification number'' in this final rule with the terms 
``requalifier'' and ``requalifier identification number,'' 
respectively.

Section 107.807

    Sets forth the application procedures, currently in Sec. 173.300b, 
for issuance or renewal of an approval to perform chemical analyses and 
tests outside the United States on DOT specification cylinders 
manufactured outside the United States. These procedures are unchanged 
from current requirements.

Part 171

Section 171.2.

    In this final rule, we are adopting the NPRM proposal to revise 
paragraph (d)(3). The revision clarifies that no person may mark a 
requalifier identification number (RIN) on a cylinder that has not been 
requalified according to the applicable requirements.

Section 171.6.

    We are revising certain section references in the table of OMB 
control numbers for consistency with this final rule.

Section 171.7

    The NPRM proposed to revise this section to incorporate by 
reference the latest editions of previously approved CGA Pamphlets and 
ASTM standards and certain additional ASTM and CGA standards. In this 
final rule, we are incorporating the 1999 edition of the ASTM standards 
for tension testing of metallic materials; the 1999 edition of the ASTM 
standard specification for heat-resisting chromium and chromium-nickel 
stainless steel plate, sheet, and

[[Page 51628]]

strip for pressure vessels; and the 1998 edition of the ASTM standards 
for notched bar impact testing of metallic materials instead of the 
1996 editions proposed in the NPRM. We reviewed the more recent 
editions and identified no significant differences from the 1996 
editions. In addition, we are incorporating the 1997 edition of the 
ASTM standard specification for liquefied petroleum gases (see 
discussion under ``Section 180.203'' below). We are also incorporating 
the 1998 edition of the ASTM standard for ultrasonic examination of 
metal pipe and tubing instead of the 1993 edition proposed in the NPRM. 
We reviewed the more recent edition and found no significant 
differences from the 1993 edition. The ASTM standard for ultrasonic 
examination replaces a 1967 standard that is no longer available and 
applies to the manufacture of specification DOT 3T stainless steel 
cylinders. We are not incorporating the ASTM standards addressing the 
metric-marked cylinder proposals in the NPRM. Further, we are not 
incorporating CGA pamphlet C-1, ``Methods for Hydrostatic Testing of 
Compressed Gas Cylinders,'' 1996 edition. It is our understanding that 
CGA is in the process of completely revising the C-1 standard. We will 
consider incorporating the revised C-1 standard in a future rulemaking.

Section 171.12

    As proposed in the NPRM, we are revising paragraph (b)(15) to 
include a reference to a provision on Canadian manufactured cylinders 
contained in current Sec. 171.12a(b)(13).

Part 172

Section 172.101

    In the Sec. 172.101 Hazardous Materials Table, for the entries 
``Cyanogen,'' ``Germane,'' and ``Iron Pentacarbonyl,'' we are revising 
the references in column (8b) to specify packaging authorization 
sections consistent with the materials' toxic properties. Commenters 
did not specifically address this proposal.

Part 173

Section 173.34

    We are adopting the changes proposed in the NPRM and supported by 
most commenters to move the provisions in this section to Subpart I of 
Part 107, Sec. 173.301, and Subpart B of Part 180, as appropriate, and 
remove Sec. 173.34. We are removing all references to Sec. 173.34 in 
the HMR, and replacing them with the appropriate new section 
references.

Section 173.40

    We are adopting the proposed change to paragraph (a) of this 
section to prohibit the use of DOT 3AL cylinders made of aluminum alloy 
6351-T6 for Hazard Zone A materials. The major domestic cylinder 
manufacturers of DOT 3AL cylinders discontinued using aluminum alloy 
6351-T6 in specification cylinders before July 1990. The prohibition on 
the use of cylinders made of aluminum alloy 6351-T6 for Hazard Zone A 
materials is effective on October 1, 2002. After that date, cylinders 
made of aluminum alloy 6351-T6 may not be filled and offered for 
transportation in toxic inhalation hazard service. In this final rule, 
we are adding a provision to permit cylinders filled before October 1, 
2002, to be offered for transportation and transported to their 
ultimate destinations until April 1, 2003. When necessary, cylinders 
containing unused gas may be returned to the filler. Cylinders 
prohibited for use under this provision are seamless aluminum cylinders 
marked ``DOT 3AL'', including exemption cylinders authorized under 
exemption numbers DOT-E 6498, 7042, 8107, 8364, and 8422, and composite 
cylinders authorized under exemption numbers DOT-E 7235, 8023, and 
8115.
    Several commenters requested we add a table in the HMR to identify 
all cylinders made of aluminum alloy 6351-T6 by date of manufacture, 
serial number, manufacturer, etc. We agree that a need exists to 
identify all affected cylinders. We are making this information 
available from the Associate Administrator and at our web site Homepage 
at ``hazmat.dot.gov''. Making the information available as a separate 
document permits greater flexibility in de-listing cylinders removed 
from hazardous material service.
    We are adopting paragraph (b) to include current requirements for 
outage and pressure in cylinders used for toxic materials. This 
paragraph was inadvertently omitted from the NPRM.
    We are not adopting proposed paragraph (c)(1) to require cylinders 
containing Hazard Zone A and B materials to meet puncture resistance 
criteria. A number of commenters opposed the puncture-resistance 
requirement for Zone B materials. These commenters said that Zone B 
materials have an excellent safety record in transportation, and that 
the proposed requirements would pose a significant and unjustified 
financial burden for transporters of Hazard Zone B materials. Several 
commenters opposed the proposal to add a puncture-resistance 
requirement even for Hazard Zone A materials. One commenter noted the 
NPRM did not include statistics on the incidence of cylinder punctures. 
Other commenters stated that DOT specification cylinders such as the 3A 
and 3AA have had excellent safety records for a number of years, and 
there is no substantial evidence to support the need for puncture-
resistance testing. Based on these comments, we are not adopting the 
proposed puncture-resistance requirements. However, minimum thickness 
requirements for cylinders used to transport Hazard Zone A or B 
material remain in effect. Further, this final rule includes a new 
performance requirement, applicable to all cylinders, for metal 
attachments to be constructed or protected so as to prevent the 
likelihood of puncturing or damaging hazardous materials packages 
transported in the same transport conveyance.
    In the NPRM, we sought comments on whether the current Hazard Zone 
A closure requirements in paragraph (c) should be extended to Hazard 
Zone B materials. Several commenters opposed such an extension. They 
said that the change is excessive and unjustified, and would require 
changing the valving on many cylinders used to transport Hazard Zone B 
materials. Based on these comments, we are not adopting the Hazard Zone 
A closure requirements for Hazard Zone B materials in this final rule.
    We are adopting new paragraph (d) to specify cylinder valve 
protection requirements for Hazard Zone A and B materials. None of the 
commenters opposed extending the valve protection requirements to 
Hazard Zone B materials. Indeed, one commenter stated its company is 
currently shipping both Hazard Zone A and B materials in cylinders 
conforming to the current valve protection drop test requirement for 
Hazard Zone A materials. In this final rule, we are revising the valve 
protection requirements to require that when a protective cap is used, 
it must be made of metal. This change responds to a commenter who 
pointed out that current Sec. 173.301(h)(2)(i) provides for equipping a 
cylinder with a securely attached metal cap. The commenter stated that 
nonmetallic caps should not be permitted under Sec. 173.40. We agree, 
and have included the change.
    Several commenters suggested the protection device should be 
designed to protect against leakage in the event of valve deformation 
rather than to prevent deformation or breakage of the valve. We 
disagree. A deformed or broken valve presents a potential safety hazard 
that could affect the integrity of the

[[Page 51629]]

cylinder. One commenter asked for a better definition of the term 
``deformation.'' In this context, ``deformation'' means a valve that is 
bent, distorted, mangled, misshapen, twisted, warped, or in a similar 
condition. We have added a definition of ``deformation'' in this final 
rule.
    A commenter asked us to revise the drop height requirement from 2 
meters (6.5 feet) to 1.2 meters (4 feet) for consistency with ISO 
Standard 11117 (Gas Cylinders--Valve Protection Caps and Valve Guards 
for Industrial and Medical Gas Cylinders--Design, Construction, and 
Tests). We disagree. Because these cylinders are used to transport 
Division 2.3 materials in Hazard Zone A or B, they must be able to 
survive severe handling and abuse without leakage of contents. 
Therefore, a more stringent drop test requirement is warranted. 
Further, the ISO Standard 11117 drop test requires the cylinder to be 
filled with water, while the drop test adopted in this final rule 
requires the cylinder to be empty. Since the tests are conducted under 
different conditions, the drop heights must be different to assure 
meaningful test results.
    We are adopting paragraph (e), which restates the current 
prohibition against manifolding or interconnecting cylinders containing 
toxic materials.

Section 173.115

    As proposed in the NPRM, this section permits LC50 values for 
mixtures to be determined using CGA pamphlet P-20 and adds a definition 
for ``refrigerant or dispersant gas.''

Section 173.163

    A number of commenters opposed the proposal in the NPRM to require 
cylinders used for hydrogen fluoride to be requalified by ultrasonic 
examination only. They said that there is no safety justification for 
the proposal, and it will significantly increase costs for the 
regulated industry. Commenters noted that ultrasonic examination 
requires sophisticated equipment and highly trained personnel. They 
expressed concern that retest facilities do not have infrastructure in 
place to accommodate the proposed examination procedures. Because of 
commenter concerns, we are not adopting the ultrasonic examination 
proposal in this final rule. We are retaining the current requirement 
for an external visual inspection in place of the hydrostatic test and 
internal visual inspection. We will continue to permit the use of 
ultrasonic examination under the exemption program. Issues related to 
ultrasonic testing will be addressed in a subsequent rulemaking.

Section 173.192

    We are revising the section title to reflect that the requirements 
in this section apply only to Hazard Zone A gases, as proposed. In 
addition, we are extending the current restriction in 
Sec. 173.192(a)(3), which limits transportation of DOT 3AL cylinders in 
arsine and phosphine service to highway and rail, to include all Hazard 
Zone A gases. Thus, Hazard Zone A gases in 3AL cylinders may only be 
transported by highway or rail. CGA and another commenter requested 
that we authorize transportation of DOT 3AL cylinders by vessel and by 
cargo aircraft. CGA stated that prohibiting such transportation places 
U.S. companies at an economic disadvantage in the world market. We have 
some reservations about the CGA comment. Aluminum undergoes a marked 
reduction in tensile strength when subjected to high temperatures. This 
occurs at much lower temperatures than for steel cylinders. The 
potential consequences of a fire on board a vessel or aircraft are more 
serious than a fire occurring on a truck or rail car. The release of 
toxic vapors in the confined space of a vessel hold or cargo aircraft 
compartment could have significant adverse consequences. However, on 
August 30, 2001, we issued an exemption (DOT-E-12339) that permits the 
transportation by cargo vessel of DOT 3AL cylinders (6061 aluminum 
alloy) containing various Division 2.1 and 2.3 gases. The cylinders 
must be contained inside steel freight containers. We will evaluate the 
safety record of cylinders transported on cargo vessels under this 
exemption, and consider incorporating its terms into a regulation of 
general applicability in a future rulemaking.
    Also, we are revising paragraph (c), as proposed, to permit the use 
of alternative leakage tests having equivalent levels of sensitivity as 
the current water bath leakage test, upon written approval from the 
Associate Administrator. Currently, paragraph (c) requires a cylinder 
containing any amount of phosgene gas to be subjected to a water bath 
leakage test before it is offered for transportation. CGA noted that 
the water bath test is conducted at 150 deg. F, and the normal filling 
densities and liquid full conditions for phosgene cylinders are based 
on 130 deg. F. For this reason, CGA suggested that we should add a 
precautionary statement to warn persons that a cylinder filled to 125% 
of capacity could experience an overfill condition when it is heated to 
150 deg. F. Alternatively, CGA suggested the water bath test should be 
conducted at 130 deg. F. We disagree. The water bath requirements for 
phosgene cylinders are long-standing regulatory requirements. However, 
to accommodate CGA's concerns, we are adding a precautionary safety 
statement to alert requalifiers.

Section 173.198

    We are making a minor editorial change to paragraph (a).

Section 173.226

    Currently, Division 6.1, Hazard Zone A materials may be shipped in 
any DOT specification cylinder, except DOT 8, 8AL, and 39. The NPRM 
proposed a revision to paragraph (a) to permit materials that are 
poisonous by inhalation (PIH materials) in Hazard Zone A to be 
transported only in seamless specification cylinders conforming to the 
requirements of Sec. 173.40. A commenter requested that we continue to 
permit the use of welded cylinders for PIH materials. We disagree. 
Because of the inherent risk involved in the transportation of PIH 
materials, they should only be permitted in cylinders providing the 
highest level of safety. Therefore, this final rule adopts the change 
as proposed in the NPRM. This change also provides consistency in 
packaging assignments with current Sec. 173.192, which authorizes only 
seamless specification cylinders for Packing Group I materials.

Section 173.227

    We are adopting the proposal in the NPRM to revise paragraph (a). 
The revision authorizes only seamless and welded specification 
cylinders conforming to the requirements in Sec. 173.40 for 
transportation of PIH materials in Hazard Zone B.

Section 173.228

    As proposed in the NPRM, we are revising paragraph (a) to require 
bromine pentafluoride and bromine trifluoride, which are Hazard Zone A 
materials, to be transported only in seamless specification cylinders 
that conform to the requirements in Sec. 173.40.

Sections 173.300a-173.300c

    We are moving the provisions contained in these sections to new 
Subpart I of Part 107. We are deleting Secs. 173.300a, 173.300b, and 
173.300c.

Sections 173.301-173.301b

    We are revising Sec. 173.301 to specify the general shipper 
requirements for the use of specification cylinders. These requirements 
include general prefill requirements, maintenance and legibility of 
markings, pressure relief devices (PRDs), valve protection, manifolding 
of cylinders, and charging

[[Page 51630]]

of foreign cylinders. We are removing the cargo tank manifolding 
requirements currently in Sec. 173.301(d), and placing them with other 
cargo tank requirements in Sec. 173.315. A derivation table showing the 
relocation of the requirements appeared in Part X of the preamble in 
the NPRM.
    Paragraph (a) includes general cylinder qualification requirements. 
We are revising the wording in paragraph (a)(2) in response to several 
commenters who stated the proposed wording implied that defective PRDs 
could be repaired. This was not our intent. The wording is revised to 
state that, in some cases, the cylinder may be repaired and requalified 
if the work is performed according to Part 180.
    In the NPRM, we proposed to place in paragraph (a)(4) a current 
provision authorizing the use of a cylinder with a higher marked 
pressure limit when a cylinder of the same specification, but a lower 
marked pressure limit, is prescribed. We proposed no change to the 
wording. A commenter suggested that, when a cylinder with a higher 
marked pressure limit is used for Division 2.2 gases, the PRD setting 
should be based on the lowest acceptable test pressure of the cylinder 
for the particular gas service. We disagree. This is a long-standing 
regulatory requirement with a demonstrated safety benefit. If a higher 
pressure cylinder is chosen for a particular service, another user may 
not be aware the PRD setting has been lowered. If the cylinder were 
over-heated or over-pressurized, a premature release of product could 
result.
    We are making a minor editorial change in the second sentence of 
paragraph (a)(5). The sentence in the NPRM stated ``This requirement 
does not apply to a cylinder filled before the requalification due 
date''. In response to a comment, the sentence is revised for 
clarification to read ``This prohibition does not apply * * *'' Another 
commenter suggested the first sentence should be revised to read ``No 
person may fill a cylinder overdue for periodic requalification with a 
hazardous material.'' We disagree. HMR requirements for filling a 
cylinder do not apply unless the cylinder is offered for 
transportation.
    We are revising paragraph (a)(6), as proposed, to prohibit the 
offering for transportation and transportation in commerce of a filled 
cylinder after its specified service life has expired. For example, DOT 
3HT cylinders would be prohibited from transportation 24 years after 
the date of the original test or 4,380 pressurizations, whichever 
occurs first (see current Sec. 173.34(e)(15)(ii)(C)). Similarly, 
aluminum lined, hoop wrapped, and fiber reinforced plastic composite 
cylinders would be prohibited from transportation after 15 years. 
Several commenters requested a revision to allow the transportation of 
affected non-leaking cylinders for reprocessing or disposing of the 
cylinder contents. Another commenter requested we require the cylinders 
to be stamped as condemned or be rendered unserviceable when the 
authorized service life has expired. We agree, and have adopted the 
suggested changes in this final rule.
    We are revising the wording in proposed paragraph (a)(7) to 
prohibit the pressure of the hazardous material at 55 deg. C (131 deg. 
F) from exceeding 5/4 of the service pressure of the cylinder. 
Commenters pointed out the ``5/4'' was omitted from the text in the 
NPRM. This was an oversight. We have corrected the text in this final 
rule.
    Paragraph (b) sets forth requirements for cylinder markings and is 
adopted as proposed in the NPRM.
    Paragraph (c) specifies requirements for toxic gases and mixtures 
and is adopted as proposed in the NPRM.
    Paragraph (d) addresses gases capable of combining chemically. In 
this final rule, we are prohibiting the use of DOT 3AL cylinders made 
of aluminum alloy 6351-T6 for gases having pyrophoric properties. 
Commenters requested we allow time for transporting the affected 
cylinders for reprocessing or disposal of the cylinder's contents. We 
agree time should be provided for transporting the cylinders. We are 
providing a transition period of six months after the effective date of 
the final rule to provide for transportation of cylinders filled before 
the effective date of the final rule.
    As proposed in the NPRM, we are adopting paragraph (e). This 
paragraph restates the current requirement to prohibit a cylinder from 
being offered for transportation unless it was filled by the cylinder 
owner or with the owner's consent.
    Paragraph (f) sets forth requirements for PRDs. The NPRM restated 
the current provision in Sec. 173.34(d) to require a cylinder filled 
with gas and transported in commerce to be equipped with one or more 
PRDs sized and selected in accordance with CGA Pamphlets S-1.1 and S-7. 
Compliance with paragraph 9.1.1.1 of CGA Pamphlet S-1.1, which requires 
periodic replacement of a PRD, is not required. Several commenters 
objected to this provision, stating compliance with paragraph 9.1.1.1 
should be mandatory. These commenters cited data generated by Transport 
Canada and industry tests that suggest a large percentage of PRDs fail 
to operate as designed. As we stated in the 1998 NPRM (63 FR 58465), we 
have previously proposed voluntary compliance with paragraph 9.1.1.1 of 
CGA Pamphlet S-1.1. Commenters generally opposed this proposal, citing 
its cost and the lack of incident data justifying the requirement. In 
the NPRM, we asked for data and comments on the cost, effectiveness, 
and need for adopting paragraph 9.1.1.1. Commenters did not provide 
specific information. Therefore, we are not adopting paragraph 9.1.1.1 
at this time. However, we will examine this issue in a future 
rulemaking, as necessary.
    We are revising the wording in proposed paragraph (f)(2) that would 
have required a PRD, when installed, to be in the vapor space of the 
cylinder. Several commenters objected to requiring the PRD to be in the 
vapor space of a cylinder containing liquefied Division 2.2 gases. They 
stated the proposal would require valve redesign at substantial costs 
and would be ineffective in tube trailers and other cylinders loaded in 
horizontal positions. The commenters suggested we revise the provision 
to require the PRD to be ``in communication with the vapor space.'' We 
agree. The paragraph is revised to require the inlet port to the relief 
channel to be in the vapor space of the cylinder.
    We also are revising the wording of proposed paragraph (f)(3) that 
would have required the pressure relief setting (the start-to-discharge 
or ruptured pressure) of a PRD for DOT-3 series cylinders to be not 
less than the minimum designed test pressure. In the NPRM, the proposed 
allowable tolerances for these PRDs were minus zero to plus 10%. Many 
commenters were concerned about the cost of producing PRDs with 
tolerances of minus zero to plus 10%. They stated that the proposed 
amendment would necessitate retrofitting many cylinders with new PRDs. 
Several commenters reiterated that CGA Pamphlet S-1.1 stipulates a 
maximum burst pressure for a disk as minus 10% to zero of test 
pressure. They stated that we provided no justification for requiring a 
cylinder pressure greater than the cylinder's specified test pressure. 
They also suggested that, in some situations, a shipper may want a 
cylinder to be fitted with a PRD that will function at a pressure much 
lower than the test pressure of the cylinder.
    Considering the comments received, we believe a setting of 100% of 
test pressure, with an allowable tolerance of minus 10% to plus zero of 
its setting for a PRD, is appropriate. This will provide a reasonable 
balance between keeping a

[[Page 51631]]

gas in a cylinder and preventing the cylinder from rupturing in case of 
a fire or overfill. PRDs designed to release at not less than test 
pressure, within the allowable tolerance, will eliminate the 
possibility of gas release through the relief device at a temperature 
less than or equal to 54 deg. C (130 deg. F). At the same conditions 
and test pressure, the safety factor for cylinder rupture is 1.6. It is 
our understanding, based on discussions with gas distributors, that 
many major gas distributors using DOT-3 series cylinders are currently 
setting the PRDs at 90-100% of test pressure for toxic and flammable 
gases. Because it is common practice for many shippers of DOT-3 series 
cylinders to replace the PRD at the time of a cylinder's 
requalification, we believe this final rule will result in minimal 
incremental cost. Further, for most gases, the increased PRD setting 
will not significantly affect the performance of cylinders in bonfire 
tests. To allow users sufficient time to modify cylinders to meet the 
new PRD settings, we are providing that each cylinder must be brought 
into conformance at the first requalification of the cylinder after the 
effective date of this final rule.
    We are not adopting the change in proposed paragraph (f)(4) that 
would have required a PRD to be visually inspected for damage before 
filling the cylinder. We agree with commenters who stated that a visual 
inspection of the PRD will not detect defects associated with internal 
components and their ability to function. Neither are we adopting 
proposed paragraph (f)(5) that would have required a cylinder filling 
facility to test a PRD for leaks before offering a filled cylinder for 
transportation. Rather, we are adding a new subparagraph to paragraph 
(a) to include the long-standing regulatory requirement, currently in 
Sec. 173.34(d), that safety relief devices must be tested for leaks 
before the filled cylinder is transported. We are also adding language 
pertaining to repair of leaking fuse plug devices, also currently in 
Sec. 173.34(d), that was inadvertently omitted in the NPRM. In 
addition, several commenters suggested revising the wording to prohibit 
a cylinder with a leaking PRD from being offered for transportation. We 
agree with the commenters. We have included a restriction on leaking 
PRDs in paragraph (a)(2) of this final rule.
    We are correcting the wording that appeared in proposed paragraph 
(f)(6)(i)(B), adopted as paragraph (f)(5)(i)(B) in this final rule, to 
state that a PRD is not required on a cylinder of 305 mm (12 inches) or 
less in length and 114 mm (4.5 inches) or less in outside diameter. 
However, if the cylinder is filled with a nonliquefied gas to a 
pressure of 1800 psig or higher, then it must have a PRD.
    Paragraph (g) specifies requirements for manifolding cylinders in 
transportation. We are revising the wording in proposed paragraph 
(g)(1) that would have required the PRD on manifolded cylinders 
containing any compressed gas to be arranged to discharge upward and 
unobstructed to the open air. Our intent for expanding the original 
requirement in the HMR from flammable gases to all compressed gases was 
to protect personnel and adjacent cylinders from gases released due to 
a PRD function. Upon further consideration, we agree with commenters 
that the need for PRDs to discharge upward is more crucial for 
horizontal cylinders containing flammable gases. Discharges of 
flammable gases could result in flame impingement on personnel or 
adjacent cylinders. We agree the requirement is not necessary on 
cylinders containing nonflammable gases or on vertical cylinders. We 
revised the final rule to reflect these changes.
    Commenters were also concerned with the wording in proposed 
paragraph (g)(1)--``equivalent valve protection required in 
Sec. 173.301(h).'' These comments said that the wording implies that 
manifolded cylinders must be drop tested in the manifolded 
configuration. This was not our intent. Therefore, we are revising the 
wording to specify that valves and PRDs must be protected by framing, a 
cabinet, or other method.
    Paragraph (h) contains cylinder valve protection requirements. The 
requirements adopted in this final rule prescribe a performance-
oriented approach to valve assembly protection. The requirements 
include a drop test to verify the performance of valve protection 
devices. In response to commenters, we are revising paragraph (h)(1) to 
grant an exception from the valve assembly protection requirements for 
cylinders used as fire extinguishers, acetylene MC cylinders, and 
Medical E styles with a water capacity of 300 in\3\ or less.
    Several commenters also suggested that the drop test should be 
performed at 2 m (6.5 ft) instead of 1.8 m (6 ft) for consistency with 
the 2 m (6.5 ft) puncture resistance requirement in Sec. 173.40. We 
disagree. We are prescribing a 6-foot drop test for consistency with 
performance requirements adopted for cylinders by the UN Committee of 
Experts on the Transport of Dangerous Goods. The final rule provides a 
transition period of five years, until October 1, 2007, for cylinders 
to be brought into conformance with this requirement. In this final 
rule, we are revising the language proposed in the NPRM to clarify that 
cylinders manufactured before October 1, 2007, must conform to current 
valve protection requirements.
    The Chlorine Institute stated that tracking protective valve hoods 
to make sure they are used on the type of cylinder on which they were 
tested is unrealistic. The Chlorine Institute said hoods are frequently 
interchanged with others on cylinders in the same type of service and 
suggested that a valve hood that has been tested on at least one 
cylinder specified for a particular gas should be accepted for use with 
the manufacturer's other cylinders in the same or lower net weight 
service. We recognize that protective caps and hoods may be 
interchanged among cylinders. However, we are concerned that different 
protective hoods may not provide the same level of protection. If 
cylinder hoods and caps are interchanged among different cylinders, 
each must provide an equivalent level of safety to the performance 
standard specified in this final rule.
    Paragraph (i) addresses cylinders mounted on motor vehicles or in 
frames. In the NPRM, we proposed revisions to clarify the following 
points: (1) Any DOT specification cylinder over 6.5 meters transported 
in container-on-flat-car (COFC) or trailer-on-flat-car (TOFC) service 
by rail must be transported under conditions approved by the FRA; (2) 
the force the valve and PRD must withstand is equal to twice the weight 
of the cylinder and the framework assembly; and (3) a discharge of any 
compressed gas from the PRD must not contact personnel or adjacent 
cylinders. CGA requested we revise paragraph (i) to: (1) Provide 
examples of protective structure, such as rear bumpers, frame rails, 
and bulkheads; (2) add a detailed description of the forces involved in 
a road accident (static compressive longitudinal force, parallel to the 
ground, equal to twice the weight of the loaded tube trailer); and (3) 
add language describing the latest technology in front safety design 
for tube trailers. CGA stated that an in-tube safety device has the 
burst disc inside the neck of the tube. Therefore, if a front end 
collision occurs, the safety device will not be sheared off, and 
product will not be discharged. The clarifications proposed in the NPRM 
in paragraph (i) primarily address service by rail. We agree with CGA 
that requirements for cylinders transported horizontally by road (DOT 
3T and DOT 3AX and 3AAX cylinders configured as tube trailers) may need 
to be updated. However, that

[[Page 51632]]

issue is beyond the scope of this rulemaking. We will address this 
issue in a future rulemaking.
    Paragraph (j) prohibits filled non-DOT specification cylinders, 
except for certain foreign cylinders, from being transported in the 
United States. Two commenters asked us to revise paragraph (j) to 
specifically permit transportation of non-specification cylinders used 
as fire extinguishers in accordance with Sec. 173.309. We agree, and 
have revised paragraph (j) accordingly.
    Paragraph (k) specifies requirements for transportation of foreign 
cylinders within a single port area. A commenter suggested we define a 
single port area as a distance of 360 miles from any port. That issue 
is beyond the scope of this rulemaking. The U.S. Coast Guard expressed 
concern that this proposal would impose a greater burden on cylinders 
intended to be filled in the United States and shipped for export only. 
The Coast Guard stated that the inflatable life raft servicing industry 
relies on this provision to transport foreign cylinders taken from 
foreign flag vessels to and from servicing industries. The provision 
referenced by the Coast Guard is adopted as paragraph (l) in this final 
rule, with no change from current requirements. Further, we issued an 
exemption on December 31, 2001, to authorize non-specification 
cylinders used in self-inflating life-saving appliances to be 
transported between a vessel and a USCG-approved servicing facility.
    Another commenter opposed the proposal in the NPRM that foreign 
cylinders transported within a single port area must be transported in 
a closed freight container. This commenter stated that such foreign 
cylinders must be certified by the importer to provide an equivalent 
level of safety as DOT specification cylinders. For this reason, there 
is no need to require their transportation in a closed freight 
container. We disagree. The requirement is intended to reduce the 
possibility a foreign cylinder may inadvertently be included in a load 
of DOT-authorized cylinders. The European Industrial Gases Association 
urged us to allow the use in the United States of cylinders of foreign 
origin that have been approved for use in Europe by the European 
Conference of Ministers of Transport. This issue is beyond the scope of 
this rulemaking. However, we may consider it in a future action.
    As proposed in the NPRM, we are adopting paragraph (l), which 
restates the current requirements for filling foreign cylinders for 
export.
    Paragraph (m) proposed to prohibit the use of metal cylinder 
attachments with sharp features that may cause damage to other 
packages. This proposal responds to NTSB Recommendation I-92-001, which 
urges RSPA to require attachments to DOT hazardous materials packagings 
to be designed to minimize the risk of puncturing other hazardous 
materials packagings. Several commenters expressed confusion as to the 
meaning of the term ``sharp'' as used in the NPRM. They stated that the 
term is vague and not based on any objective measure. They also said 
that it is impossible to guarantee that any corner, edge, or other 
feature cannot cause damage to other freight. Commenters were also 
concerned that variations on how other freight is packaged, the other 
freight's susceptibility to impact damage, the vehicle speed, and the 
vehicle acceleration and deceleration speeds make it impossible to 
evaluate a cylinder attachment's performance in transportation. We 
agree it may not be possible to prevent a corner, edge, or other 
feature of a cylinder attachment from damaging other freight in an 
accident. However, we believe attachments can be designed to minimize 
potential damage. In response to comments, the provision in this final 
rule is written as a performance standard.

Section 173.301a

    We are adopting, as proposed, this new section containing the 
current requirements for the pressure in a cylinder at 70 deg. F and 
130 deg. F and a grandfather provision currently in Sec. 173.34(b).

Section 173.302

    We are adopting this section containing general requirements for 
filling specification cylinders with a nonliquefied (permanent) 
compressed gas. Paragraph (a) sets forth general requirements for 
transporting a cylinder filled with a nonliquefied compressed gas. It 
is adopted as proposed in the NPRM.
    Paragraph (b) specifies requirements for aluminum cylinders in 
oxygen service. We are revising proposed paragraph (b)(1) to require an 
aluminum cylinder in oxygen service to be equipped with brass or 
stainless steel valves only. A commenter noted the valves on many 
medical oxygen cylinders are chrome-plated in areas that do not come 
into contact with the oxygen. Our intent is to prevent oxygen from 
coming into contact with an aluminum valve having internal rubbing or 
abrading aluminum parts. Therefore, we are revising proposed paragraph 
(b)(1) to require any portion of the valve that contacts the oxygen in 
the cylinder to be made of brass or stainless steel.
    Several commenters pointed out that proposed paragraph (b)(3) cites 
former Federal specification RR-C-901b and not the current RR-C-901C. 
The paragraph cites are corrected in this final rule.
    Paragraph (c) addresses cylinders containing oxygen that is 
continuously fed to fish tanks. It is adopted as proposed in the NPRM.
    Paragraph (d) permits shipment of Division 2.1 materials in 
aluminum cylinders only when transported by highway, rail, or cargo-
only aircraft. A commenter requested we revise paragraph (d) to 
authorize the transportation of specification aluminum cylinders 
containing Division 2.1 gases by vessel. As stated above in the 
preamble discussion for Sec. 173.192, we will evaluate the safety 
record of cylinders transported on cargo vessels under an exemption 
issued on August 30, 2001. We will consider incorporating the terms of 
this exemption into a regulation of general applicability if the safety 
record indicates that such incorporation is appropriate.
    Another commenter suggested there is no scientific rationale for 
limiting the transportation of Division 2.1 materials in aluminum 
cylinders to cargo-only aircraft. As we have previously explained, a 
cylinder must be able to withstand fire without rupture for at least 90 
minutes to enable an aircraft to reach the nearest airport and land 
safely in the event of an emergency. Heat exposure such as a 
pressurized aluminum cylinder would experience in a fire would cause 
the cylinder to burst well before 90 minutes had elapsed and possibly 
disable the aircraft.

Section 173.302a

    In this final rule, we are adopting this new section specifying 
requirements for filling a cylinder with a nonliquefied compressed gas.
    Paragraph (a) sets forth detailed filling requirements. A commenter 
requested we revise the filling requirement applicable to flammable 
gases in DOT 39 cylinders. Current Sec. 173.302(a)(4) says that, for 
DOT 39 cylinders used to transport flammable gas, the ``internal volume 
may not exceed 75 cubic inches.'' The commenter suggested that, as 
currently written, it is not clear whether the term ``internal volume'' 
refers to the amount of gas permitted in the cylinder or the total 
capacity of the cylinder. We agree. The volume limitation is intended 
to apply to a cylinder's internal volume. In this final

[[Page 51633]]

rule, we revised paragraph (a)(3) to clarify that the restriction 
applies to a cylinder's internal volume.
    Paragraph (b) specifies special filling limits for DOT 3A, 3AX, 
3AA, 3AAX, and 3T cylinders. We are adopting paragraph (b)(3)(iv), as 
proposed, to provide for a cylinder's average wall stress calculation 
to be determined through computation of the rejection elastic expansion 
limit (REE) in accordance with CGA Pamphlet C-5, or through the use of 
the manufacturer's marked REE on the cylinder. A commenter requested 
that we also allow the use of the standard calculated values listed in 
CGA Pamphlet C-5 or the use of a previously determined REE marked on 
the cylinder. It was not our intent to prevent use of standard 
calculated values listed in CGA Pamphlet C-5. In this final rule, we 
revised the wording to authorize the use of these values. However, we 
are not authorizing the use of an REE marking applied to the cylinder 
by a person other than the manufacturer because it may be inaccurate.
    Paragraph (c) prescribes requirements for carbon monoxide. In 
response to a CGA petition (P-1082), we are removing the 5/6 filling 
pressure limitation for DOT 3AL cylinders in carbon monoxide service. 
CGA furnished information to support its conclusion that, although 
evidence shows carbon monoxide can cause stress corrosion cracking in 
steel cylinders, there is no evidence carbon monoxide causes corrosion 
cracking or carbonyl formation in aluminum cylinders. We agree with 
CGA, and are permitting a DOT 3AL cylinder to be filled to its marked 
service pressure when used for carbon monoxide. We also modified the 
paragraph to indicate that the 5/6 pressure limitation applies to steel 
cylinders.
    Paragraph (d) sets forth requirements for diborane and diborane 
mixtures. It is adopted as proposed in the NPRM.

Section 173.304

    This section specifies filling requirements for cylinders used to 
transport liquefied compressed gas. With minor editorial revisions, it 
is revised as proposed in the NPRM.

Section 173.304a

    This new section, proposed in the NPRM, addresses additional 
requirements for transporting liquefied compressed gases in 
specification cylinders. Paragraph (a) specifies detailed filling 
requirements for a number of gases, including a table of maximum 
filling densities. As requested by commenters, this section is revised 
in the final rule to add DOT 3AL cylinders to the authorized list of 
cylinders. We inadvertently omitted the DOT 3AL reference from the 
NPRM.
    In paragraph (a)(3), the NPRM proposed extending the provision 
limiting cylinder volume to 75 cubic inches, which currently applies to 
liquefied petroleum gas and Division 2.1 materials listed in the 
Sec. 173.304 table, to all Division 2.1 materials. One commenter 
suggested this proposal would have a negative impact on companies using 
DOT 39 cylinders larger than 75 cubic inches in aerosol applications. 
We plan to address issues related to requirements for all cylinders 
used in aerosol applications in a future rulemaking. This rulemaking 
will harmonize, to the extent possible, the U.S. cylinder regulations 
with international regulations recently adopted by the UN Committee of 
Experts on the Transport of Dangerous Goods. Therefore, in this final 
rule, we are not adopting paragraph (a)(3) as proposed. We will address 
filling limits for liquefied compresses gases and Division 2.1 
materials in a future rulemaking.
    Paragraph (b) is reserved.
    Paragraph (c) establishes requirements for verifying a cylinder's 
contents and is adopted as proposed in the NPRM.
    Paragraph (d) specifies filling requirements for liquefied 
petroleum gas and is adopted as proposed in the NPRM. One commenter 
requested a change to the filling densities. The request is beyond the 
scope of this rulemaking. It will be considered under a separate 
rulemaking.
    Paragraph (e) sets forth requirements for carbon dioxide, 
refrigerated liquid, and nitrous oxide, refrigerated liquid. It is 
adopted as proposed in the NPRM.

Section 173.305

    This section is revised as proposed in the NPRM to add a reference 
to Sec. 173.301 to paragraph (b).

Section 173.306

    This section is revised as proposed in the NPRM to change the 
reference for overpack requirements.

Section 173.315

    Consistent with the NPRM, this final rule adds paragraph (q) to 
this section. Paragraph (q) specifies conditions under which cargo 
tanks containing anhydrous ammonia may be manifolded.

Section 173.334

    This section establishes requirements for organic phosphates mixed 
with compressed gas. In this final rule, this section is amended as 
proposed, except we are not adopting the proposed metric-marked 
cylinder provisions.

Section 173.336

    This section sets forth requirements for nitrogen dioxide, 
liquefied, and dinitrogen tetroxide, liquefied and is amended, as 
proposed, except we are not adopting the proposed metric-marked 
cylinder provisions. We are correcting the referenced Federal 
Specification RR-C-901C paragraph cites.

Section 173.337

    This section prescribes requirements for nitric oxide and is 
amended, as proposed, except we are not adopting the proposed metric-
marked cylinder provisions. We are correcting the referenced Federal 
Specification RR-C-901C paragraph cites and adding a reference to 
Sec. 173.40 in the introductory paragraph that was inadvertently 
omitted in the NPRM.

Part 177

Section 177.840

    We are revising current paragraph (a)(1) to allow horizontal 
loading of cylinders containing Class 2 materials if the cylinders are 
designed so the inlet to the PRD is located in the vapor space. The 
cylinders must be properly secured during transportation.
    We had proposed to require the use of cylinder restraint systems to 
reduce the likelihood of cylinders being ejected from a vehicle in the 
case of an accident. We issued this proposal in response to NTSB 
Recommendation I-90-008, which urges RSPA to require hazardous 
materials packages to be secured with adequate cargo restraint systems 
to prevent their ejection from the vehicle during transportation.
    Considering the wide variation in cylinder sizes, and the various 
types of restraints that would be required, we solicited information in 
the NPRM on the NTSB recommendation. We asked commenters to address 
anticipated safety benefits and the costs of requiring the use of 
restraint systems, particularly on small businesses. Numerous 
commenters objected to the proposed amendment. They stated it is common 
practice to secure carbon dioxide and other Division 2.2 gases in 
horizontal positions. NPGA requested that we allow Class 2 gases to be 
loaded in a horizontal position if the cylinder is designed so the 
inlet to the PRD is located in the vapor space. We agree with NPGA that 
the inlet port must be in the vapor space.
    Several commenters also objected to our usage of the word ``lash.'' 
This term appears in the current regulations, and

[[Page 51634]]

we have received no previous requests for a revision. The commenters 
stated that lashing should be considered an appropriate means of 
securing cylinders, but should not be made a prescriptive requirement. 
One commenter asked us to remove the wording ``and securely attached to 
motor vehicle.'' The commenter stated that thousands of low-pressure 
cylinders containing nonliquefied gases are shipped on stretch-wrapped 
pallets. The commenter said requiring such pallets to be securely 
attached to a motor vehicle would be overly burdensome, costly to the 
regulated industry and consumers, and would provide no added safety 
benefits.
    We reviewed the HM-220 comments and considered the wide range of 
packaging configurations and sizes that may be loaded on a vehicle. We 
find it neither practicable nor cost-beneficial to require carriers to 
secure each hazardous material package on a vehicle in a manner that 
will withstand every conceivable accident or overturn situation. The 
current regulations require hazardous materials packages containing 
Class 2 (gases), Class 3 (flammable liquid), Division 6.1 (toxic), 
Class 7 (radioactive), or Class 8 (corrosive) materials to be secured 
against movement within the vehicle under conditions normally incident 
to transportation. We believe this standard provides an acceptable 
level of safety. However, we recognize the requirement should be 
broadened to include all hazardous materials packages rather than 
limited to hazardous materials of certain hazard classes. We will 
propose these changes in a future rulemaking.

Part 178

Section 178.35

    This section establishes general requirements for cylinders. We are 
revising paragraph (c)(3)(iv) to reference a new Appendix C, which 
provides illustrations of recommended locations for selecting test 
specimens from welded cylinders. In the NPRM, we proposed the use of 
Appendix C for metric-marked welded cylinders. Although commenters 
opposed adoption of the metric-marked cylinder proposals, they 
requested that we include the appendix as guidance of use with non-
metric-marked cylinders.
    We are revising paragraph (d) of this section to set forth 
requirements, established elsewhere in this final rule, applicable to 
specification cylinders. A cylinder may not be constructed of material 
having seams, cracks or laminations or other defects, and metal 
attachments must be constructed to prevent the possibility of 
puncturing or damaging other hazardous materials packages.
    We are revising paragraph (f), as proposed in the NPRM, to except 
DOT 3E cylinders from the requirement to be marked with an inspector's 
mark or serial number.

Section 178.45

    We are revising paragraph (h) to update an old incorporation by 
reference.

Section 178.46

    This section prescribes requirements for DOT 3AL seamless 
cylinders. This final rule revises the tables in paragraph (b)(4) to 
remove aluminum alloy 6351-T6 as an authorized material for the 
manufacture of DOT 3AL seamless cylinders. In addition, in Table 1, 
this final rule makes several changes to the chemical composition 
limits for 6061 alloy for consistency with limits stated in The 
Aluminum Association Standards and Data, 1993 edition. The currently 
stated silicon (Si) maximum of 0.80% is revised to read 0.8%, the 
currently stated iron (Fe) maximum of 0.70% is revised to read 0.7%, 
the currently stated magnesium (Mg) minimum of 0.80% is revised to read 
0.8%, and the currently stated Mg maximum of 1.20% is revised to read 
1.2%. Finally, the currently stated Table 1 limit of 0.01 for the 
chemical composition of lead (Pb) and bismuth (Bi) is changed to 0.005.

Appendix to Subpart C of Part 178

    We are adopting an appendix containing illustrations of the 
recommended locations for taking test specimens for specific welded 
cylinder designs.

Part 180

Part 180, Subpart C

    We are adopting a new subpart to specify requirements for the 
continuing qualification, maintenance, repair, and rebuilding of DOT 
specification and exemption cylinders. Most of the requirements are 
currently contained in Secs. 173.34 and 173.301.

Section 180.201

    This section lists the entities to which Subpart C applies and is 
adopted as proposed in the NPRM.

Section 180.203

    This section contains definitions for terms used throughout Subpart 
C.
    We are adopting the definition of ``commercially free of corrosive 
components'' as proposed in the NPRM. CGA and several other commenters 
requested we revise the wording to read ``a hazardous material having a 
moisture pressure dew point at or below * * *'' They stated the change 
would recognize water as the contaminant at service pressure. NPGA 
stated propane has a dew point of -42.2 deg. C (-44 deg. F). NPGA noted 
that ASTM D-1835 ``Standard Specification for Liquefied Petroleum (LP) 
Gases'' incorporates provisions to control moisture content and the 
level of corrosive sulfur compounds in propane. NPGA urged us to adopt 
the moisture content criteria contained in the ASTM standard. We agree 
an exception from hydrostatic test requirements should be granted for 
cylinders used exclusively for the transportation of petroleum gas that 
is essentially free of moisture and corroding components. We are 
revising the table in Sec. 180.209(g) accordingly.
    We are adopting the definitions of ``condemn,'' ``defect,'' and 
``elastic expansion,'' as proposed in the NPRM.
    The NPRM proposed a definition for ``filled.'' A commenter stated 
the words ``charged'' and ``filled'' are used interchangeably in Part 
173 of the HMR and suggested we add the wording ``(or charged)'' 
following the word ``filled.'' We agree; this final rule adopts a 
definition for ``filled or charged.''
    We are adopting the definition of ``non-corrosive service'' as 
proposed in the NPRM, revised slightly for clarity.
    We had proposed to define the term ``over-heated'' to mean a 
condition in which any part of a cylinder has been subjected to a 
temperature in excess of 176 deg. C (350 deg. F). Several commenters 
noted a temperature of 176 deg. C (350 deg. F) is conservatively low 
for steel. They requested we reference a temperature of 176 deg. C 
(350 deg. F) for aluminum and 343 deg. C (650 deg. F) for nickel or 
steel. We agree, and revised the definition accordingly in this final 
rule. In addition, we revised the definition to indicate that a 
cylinder is over-heated if the temperature of any portion of the 
cylinder reaches the specified temperatures. This change responds to 
the concerns expressed by firefighters discussed below under 
Sec. 180.205.
    We had proposed to define the term ``over-pressurized'' to mean a 
condition in which a cylinder has been subjected to an internal 
pressure in excess of 30% of its test pressure. This definition was 
intended to apply to the pressure to which a cylinder may be subjected 
during requalification testing, not to a cylinder's service pressure or 
to pressure during normal transportation operations. Since publication 
of the NPRM, we have determined that a single definition for ``over-
pressurized'' that would apply to all cylinders is not

[[Page 51635]]

practicable. Pressure limits may vary depending on the design 
specification of the cylinder, its material of construction, and the 
material transported. Therefore, we are not adopting the proposed 
definition in this final rule. Persons who use cylinders to transport 
hazardous materials in commerce should be aware that a cylinder 
subjected to pressures beyond its design capability may be rendered 
unfit for continued service. Any person in possession of an over-
pressurized cylinder must determine the cylinder's suitability for 
continued use prior to offering the cylinder for transportation in 
commerce.
    We are adopting the definitions for ``permanent expansion,'' 
``proof pressure test,'' ``rebuild,'' ``rejected cylinder,'' 
``repair,'' ``requalification,'' ``requalification identification 
number or RIN,'' ``test pressure,'' ``total expansion,'' ``visual 
inspection,'' and ``volumetric expansion test'' as proposed in the 
NPRM.

Section 180.205

    This section prescribes general requirements for the continuing 
qualification and use of cylinders and for persons who perform cylinder 
requalification functions. Paragraph (a) states that a cylinder must be 
an authorized packaging. Paragraph (b) sets forth requirements for 
persons performing requalification functions. We are adopting both as 
proposed in the NPRM.
    In response to comments, we made several editorial revisions to 
paragraph (c). Several commenters requested we revise the paragraph to 
state a cylinder may be requalified at any time prior to the date 
requalification is due. They also suggested we reiterate the 
restriction against filling and offering a cylinder for transportation 
after its authorized service life has expired. We agree, and include 
the suggested changes in this final rule. Also, we are revising 
paragraph (c)(4) to require the set pressure of PRDs on DOT-3 series 
cylinders to be set at test pressure with a tolerance of plus zero to 
minus 10% at the first requalification due on or after October 1, 2002, 
as discussed in the preamble discussion to 173.301(f)(4).
    Two commenters suggested we revise paragraph (d), which prescribes 
conditions requiring test and inspection of cylinders, to require the 
requalification of any DOT specification cylinder used for nonhazardous 
material service prior to its being returned to hazardous material 
service. This change is beyond the scope of this rulemaking and, 
therefore, is not adopted in this final rule. For the same reason, we 
are not adopting a suggestion to require any cylinder removed from 
service to be marked with a notation that the cylinder has been removed 
from service.
    We revised the proposed wording in paragraph (d)(3) that read ``the 
cylinder has been over-heated or over-pressurized'' to state, instead, 
that the cylinder ``shows evidence of, or is known to have been'' over-
heated. We removed the reference to over-pressurized cylinders for the 
reasons noted above in the discussion concerning the definition for 
``over-pressurized.'' Any person in possession of an over-pressurized 
cylinder must determine the cylinder's suitability for continued use 
prior to offering the cylinder for transportation in commerce.
    Paragraph (e) addresses cylinders containing Class 8 liquids. In 
this final rule, we modified the paragraph for consistency and clarity.
    Paragraph (f) sets forth visual inspection requirements. A 
commenter suggested we revise the paragraph (f) introductory text to 
require an internal and an external visual inspection to be performed 
prior to the pressure test, and another internal inspection for 
contaminants and damaged threads after the pressure test. The commenter 
stated that performing the visual inspection prior to the pressure test 
will save time if the cylinder is unfit for pressure testing. The 
commenter stated that a cylinder that ruptures during the pressure test 
can damage equipment and property and may cause operational delays. We 
disagree. Some requalifiers have modernized their operations and 
perform hydrostatic tests on all cylinders, followed by visual 
inspections. We find no reason to limit the requalifiers' flexibility 
in deciding whether to perform the visual requalifications before or 
after the pressure test.
    We are revising paragraph (f)(2) to require any coating or 
attachments that would inhibit inspection of the cylinder to be removed 
prior to performing a visual inspection. We had proposed to require any 
vinyl or plastic coating on a cylinder to be completely removed prior 
to performing a visual inspection. CGA suggested we revise the 
provision to apply only to cylinders with removable vinyl or plastic 
coatings. Other commenters suggested the removal of both internal and 
external vinyl or plastic coatings and, when necessary, layers of 
paint. A different commenter questioned whether wire wrapping should be 
remove prior to performing the inspection. In consideration of the 
comments, we are requiring the removal of any coating, attachment, or 
wrapping that hinders proper inspection of the cylinder surface.
    We had proposed in paragraph (f)(4) to require DOT 3AL cylinders to 
be inspected for evidence of sustained load cracking in the neck and 
shoulder areas in accordance with the cylinder manufacturer's written 
recommendation. The manufacturer's recommendation must be approved in 
writing by the Associate Administrator. A commenter suggested we 
clarify that the procedure applies only to cylinders made of aluminum 
alloy 6351-T6. We agree. In this final rule, we revised the provision 
to require the inspection only for DOT specification or exemption 
cylinders made of aluminum alloy 6351-T6.
    We are not adopting the provision in paragraph (g) to require the 
pressure test to be conducted in accordance with the procedures in 
paragraphs 4 and 5 of CGA Pamphlet C-1. One commenter objected to 
incorporation of Pamphlet C-1. In addition, it is our understanding 
that CGA is in the process of completely revising the C-1 standard. In 
this final rule, we revised paragraph (g) to incorporate the 
requirements for pressure testing cylinders that are currently in 
Sec. 173.34(e)(4). We will consider incorporating the revised C-1 
standard in a future rulemaking.
    We had proposed to provide for use of an ultrasonic examination as 
an alternative requalification method. We had also proposed to allow 
other nondestructive test methods with the approval of the Associate 
Administrator. As discussed in the above referenced HM-220 termination 
notice, we are not adopting these provisions. We will continue to 
permit the use of ultrasonic examinations and other nondestructive 
methods under the exemption program.
    Paragraph (h) establishes criteria for rejecting cylinders. We are 
adopting the provision in paragraph (h)(1) prohibiting a rejected 
cylinder from being marked as meeting the requirements of this section. 
A commenter requested we revise the paragraph to recognize that CGA 
Pamphlet C-6.2 establishes levels of damage for fiber reinforced 
exemption cylinders, some of which is repairable. This issue is more 
appropriately addressed in the specific exemptions authorizing use of 
fiber reinforced cylinders. Provided it is permitted under the 
exemption, repairs of such cylinders in accordance with CGA Pamphlet C-
6.2 are permitted. Paragraph (h)(4)(iii) of this final rule permits a 
cylinder with a service pressure of less than 900 psig to be repaired 
in accordance with an

[[Page 51636]]

exemption covering the manufacture, requalification, or use of the 
cylinder.
    Paragraph (i) sets forth criteria for condemning cylinders. We had 
proposed in paragraph (i)(1)(viii) to require an aluminum or aluminum-
lined cylinder to be condemned if exposed to a temperature exceeding 
177 deg. C (350 deg. F). Numerous commenters representing fire fighters 
and emergency responder organizations strongly objected to the 
proposal. They stated it would require the removal of aluminum and 
composite exemption cylinders used as self-contained breathing 
apparatus (SCBAs) based on possible exposure to temperatures in excess 
of 350 deg. F. These commenters noted that most SCBAs are exposed to 
temperatures exceeding 177 deg. C (350 deg. F) whenever they are 
carried into a fire. The commenters suggested that the NPRM proposal 
would require replacement of SCBAs after each fire exposure, resulting 
in substantial costs to the emergency response community.
    Our intent was to require the removal from service of any aluminum 
cylinder or aluminum-lined composite exemption cylinder with reduced 
structural integrity resulting from the metal temperature of the 
aluminum cylinder or liner reaching a temperature above 350 deg. F. 
Such cylinders may pose a safety risk. We did not intend to require the 
removal of undamaged cylinders from service. During typical 
firefighting operations, the metal temperature of an aluminum cylinder 
or liner does not reach temperatures above 350 deg. F. We are revising 
the paragraph to require a cylinder to be condemned if over-heated. As 
defined in Sec. 180.203 of this final rule, for an aluminum cylinder, 
``over-heated'' means that the metal temperature of any part of the 
cylinder has reached a temperature in excess of 350 deg. F.

Section 180.209

    This section includes the requirements currently contained in 
Sec. 173.34(e) for the periodic requalification of specification 
cylinders.
    Paragraph (a) sets forth specific periodic requalification 
requirements for each specification cylinder. As discussed elsewhere in 
this preamble, we are not adopting the proposal to permit ultrasonic 
testing in place of a hydrostatic test. Ultrasonic testing will 
continue to be permitted under exemption.
    Paragraph (b) establishes requalification requirements for DOT 3A 
and 3AA cylinders. We are revising the provision in paragraph (b)(1) to 
increase the requalification interval from five to 10 years for a DOT 
3A and 3AA cylinder with a water capacity of 125 pounds or less that is 
used for certain named gases. A commenter stated numerous new 
refrigerants and blends are being marketed and requested we allow 
cylinders containing ``fluorinated hydrocarbons, liquefied 
hydrocarbons, and mixtures thereof which are commercially free from 
corroding components' to be requalified every 10 years rather than 
every 5 years. The commenter also pointed out that we authorized these 
materials under DOT Exemptions 10184 and 12084. Several other 
commenters requested we add certain other gases to the list. We agree 
the listing in paragraph (b)(1)(ii) should be updated. In this final 
rule, we are revising this paragraph to accommodate commenters 
concerns.
    Paragraph (c) sets forth requalification requirements for DOT 4-
series cylinders, and is adopted as proposed in the NPRM.
    Paragraph (d) prescribes requalification requirements for cylinders 
12 pounds or less with service pressures of 300 psig or less, and is 
adopted a proposed in the NPRM.
    Paragraph (e) includes requirements for proof pressure testing for 
certain DOT-4 series cylinders, and is adopted as proposed in the NPRM.
    Paragraph (f) sets forth requalification requirements for cylinders 
used to transport poisonous materials, and is adopted as proposed in 
the NPRM.
    We are revising paragraph (g) to clarify the interval for 
performance of a visual inspection, in place of a five-year periodic 
retest, for cylinders used exclusively for the listed non-corrosive 
gases.
    Paragraph (h) sets forth requalification requirements for cylinders 
used to transport anhydrous ammonia, and is adopted as proposed in the 
NPRM.
    Paragraph (i) sets forth requalification requirements for DOT-8 
series cylinders, currently in Sec. 173.34(e)(18). The provision 
requires the replacement valve to be the same weight as the valve to be 
replaced. If it is not, the cylinder's marked tare weight must be 
adjusted to compensate for the valve weight differential. The Chlorine 
Institute and two valve manufacturers requested we revise paragraph 
(i)(3) to allow a tolerance on the replacement valve weight to 
compensate for variations. The valve manufacturers suggested the 
tolerance should be a stated weight or a percentage of the weight of 
the valve being replaced. They recommended no specific weight or 
percentage. In the absence of a specific recommendation, we are 
adopting the provision as stated in the NPRM.

Section 180.211

    This section prescribes repair, rebuild, and heat treatment 
requirements currently prescribed in Secs. 173.34(g) thru 173.34(l), 
with certain revisions. We received no comments on these provisions and 
are adopting them as proposed with editorial revisions for clarity. We 
are not adopting the proposed requirements for metric-marked cylinders.

Section 180.213

    This section consolidates the marking requirements currently 
contained in Sec. 173.34, with certain revisions. These marking 
requirements identify the type of inspection, test, or work performed 
on a cylinder. Locating the marking requirements in a single section of 
the HMR will facilitate their use by shippers, carriers, and 
enforcement personnel.
    We had proposed to allow the application of requalification 
markings by stamping, engraving, scribing, or any other method approved 
in writing by the Associate Administrator. NSWA and another commenter 
objected to the permissive use of electric or manual scribes as an 
alternative method. They stated markings made by a scribe are of poor 
quality, particularly over multiple coats of paint, and should not be 
permitted. Also, NSWA stated that, unless specifically approved for 
flammable atmospheres, electrical apparatuses may create a safety 
hazard when used to mark cylinders containing flammable gases or in 
plants where flammable gases may be present. The proposal was fully 
accepted by other commenters. Because of concerns raised about the 
quality of certain marking methods and to alleviate unnecessary delays 
incurred by obtaining an approval from the Associate Administrator, we 
have revised this provision in this final rule. We will permit the use 
of any marking method capable of producing durable, legible marks. A 
cylinder with illegible requalification markings will be considered 
out-of-test and will have to be retested before being returned to 
service. Also, we are allowing the use of pressure sensitive labels to 
display the requalification markings on fire extinguishers, as 
proposed.

Section 180.215

    This section contains the reporting and record retention 
requirements currently prescribed in Sec. 173.34(e)(8), with certain 
revisions.
    We revised the retester authorization record requirements in 
current Sec. 173.34(e)(8)(i) to include all cylinder

[[Page 51637]]

requalifiers who inspect, test, repair, or rebuild cylinders. In 
addition, proposed paragraph (d)(1) requires records covering any work 
involving welding or brazing repairs, or the building or reheat 
treatment of cylinders to be retained by the cylinder requalifier for 
15 years. The requalifier must retain inspection and test records until 
expiration of the inspection or requalification period or until the 
cylinder is again requalified, whichever occurs first. Records of any 
welding or brazing repair, rebuilding or reheat treatment must be 
retained for 15 years.

IV. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866. It was reviewed informally 
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). A regulatory evaluation is 
available for review in the docket.
    The compliance costs associated with this final rule are minimal. 
Most increased compliance costs involve the new requirement for a 
person who performs visual inspections of cylinders to obtain approval 
from the Associate Administrator and mark his RIN number on the 
cylinders he inspects. The aggregate cost to the industry of this new 
requirement is $29,520 per year. On a per facility basis, the cost is 
$20.50 per filing or $4.10 per year. Although they are difficult to 
quantity, the benefits associated with the provisions in this final 
rule are significant. This final rule will: (1) Enhance the 
accountability of the cylinder requalification process; (2) improve 
voluntary compliance with the cylinder requirements; (3) enhance 
enforcement related to cylinder requalifications; and (4) reduce the 
regulatory burden on the regulated industry while increasing its 
flexibility and providing an opportunity to use new technologies. 
Further, this final rule will improve cylinder transportation safety by 
reducing the number of unintentional releases of flammable and toxic 
material from DOT-3 series cylinders, prohibiting the use of an unsafe 
aluminum alloy for cylinder manufacture, and prohibiting the use of a 
cylinder after the expiration of its service life. Although we cannot 
assign definitive dollar amounts to these potential benefits, we 
believe that, taken together, the provisions of this final rule are the 
least costly alternatives available for ensuring an acceptable level of 
transportation safety. The potential benefits to society more than 
offset the potential costs associated with the final rule.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines a rule is not expected to have a 
significant economic impact on a substantial number of small entities. 
This final rule imposes only minimal new costs of compliance on the 
regulated industry and, in fact, should reduce overall costs of 
compliance. Based on the assessment in the regulatory evaluation, I 
hereby certify that while this final rule applies to a substantial 
number of small entities, there will not be a significant economic 
impact on those small entities. A detailed Regulatory Flexibility 
analysis is available for review in the docket.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule preempts state, local, and Indian tribe requirements but 
does not propose any regulation with substantial direct effects on the 
states, the relationship between the national government and the 
states, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    Federal hazardous materials transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) 
preempting state, local, and Indian tribe requirements on certain 
covered subjects. Covered subjects are:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses covered subject items 2 and 5 above and 
preempts state, local, and Indian tribe requirements not meeting the 
``substantively the same'' standard. This final rule is necessary to 
assure an acceptable level of safety for the transportation of 
hazardous materials in cylinders.
    Federal hazardous materials transportation law provides at section 
5125(b)(2) that, if DOT issues a regulation concerning any of the 
covered subjects, DOT must determine and publish in the Federal 
Register the effective date of federal preemption. The effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance. 
The effective date of federal preemption of this final rule is 90 days 
from publication of this final rule in the Federal Register.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not significantly or uniquely affect the communities of the Indian 
tribal governments and does not impose substantial direct compliance 
costs, the funding and consultation requirements of Executive Order 
13175 do not apply.

E. Unfunded Mandates Reform Act of 1995

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$100 million or more, in the aggregate, to any of the following: State, 
local, or Indian tribal governments, or the private sector. This rule 
is the least burdensome alternative to achieve the objective of the 
rule.

F. Paperwork Reduction Act

    RSPA has current information collection approvals under OMB No. 
2137-0022, Testing, Inspection, and Marking Requirements for Cylinders, 
with 168,431 burden hours and $10,882,516 annual costs, which expires 
October 31, 2004; and OMB No. 2137-0557, Approvals for Hazardous 
Materials, with 18,381 burden hours and $413,737.40 annual costs, which 
expires July 31, 2004. We believe that this rule may result in a 
minimal increase or decrease in annual burden hours and costs. These 
current approvals have been revised and submitted to OMB for extension 
and re-

[[Page 51638]]

approval. Under the Paperwork Reduction Act of 1995, no person is 
required to respond to an information collection unless it displays a 
valid OMB control number.
    The information collection and recordkeeping requirements in 
current Secs. 173.34, 173.302(c), and 178.35 (pertaining to records 
prepared by persons performing the requalification, repair, rebuild and 
use of cylinders) and requirements in current Sec. 173.34 (pertaining 
to persons seeking approval to requalify cylinders) were approved by 
the Office of Management and Budget (OMB) and assigned OMB No. 2137-
0022, with an expiration date of October 31, 2004. This information is 
used to verify that cylinders meet the required manufacturing standards 
prior to being authorized for initial use, and that, once manufactured, 
the cylinders are maintained and used in compliance with applicable 
requirements of the HMR. In this rule, these information collection and 
recordkeeping requirements for records used to verify that cylinders 
are being properly maintained for continuing hazardous material service 
are revised and redesignated in new Secs. 180.205, 180.209, 180.211, 
180.213, and 180.215, with no change in burden.
    The information collection and recordkeeping requirements in 
current Secs. 173.300a and 173.300b (pertaining to persons seeking 
approval to be an independent inspection agency and for chemical 
analyses and tests of DOT specification and exemption cylinders 
conducted outside the United States) were approved by OMB and assigned 
OMB No. 2137-0557, with an expiration date of July 31, 2004. The 
information is used to evaluate an applicants's qualification to 
perform the applicable requalification functions and to ensure that 
cylinders made outside the United States conform to the applicable HMR 
requirements. In this rule, the information collection and 
recordkeeping requirements are moved to new subpart I of part 107 and 
Secs. 107.803, 107.805, 107.807, and 180.205(c). This final rule 
includes a new information collection and recordkeeping requirement for 
persons seeking approval to perform requalification functions that 
require marking a date on a cylinder. This new requirement is placed 
with the other hazardous materials approval requirements under OMB 
control number 2137-0557. This new approval is required every five 
years; therefore, first year and subsequent years' estimates are 
included in the burden estimates for OMB No. 2137-0557.
    Because this final rule broadens the approval requirements for 
affected persons who requalify cylinders and relocates cylinder 
requalification requirements to other sections of the HMR, we revised 
the current burden hour submission and resubmitted the revised 
submission to OMB for extension and re-approval.
    We estimate the total revised information collection and 
recordkeeping burden in this rule as follows:
    OMB No. 2137-0022:
    Number of Respondents: 139,352.
    Total Annual Responses: 153,287.
    Total Annual Burden Hours: 168,431.
    Total Annual Burden Cost: $10,882,516.00.
    OMB No. 2137-0557:
    Number of Respondents: 10,718.
    Total Annual Responses: 11,069.
    Total Annual Burden Hours: 25,581 (1st year).
    Total Annual Burden Cost: $561,337.40 (1st year).
    Subsequent years 2-5 Burden Hours: 1,440 per year.
    Subsequent years 2-5 Burden Cost: $29,520 per year.
    Requests for a copy of the information collections should be 
directed to Deborah Boothe, Office of Hazardous Materials Standards 
(DHM-10), Research and Special Programs Administration, Room 8102, 400 
Seventh Street, SW., Washington, DC 20590-0001, Telephone (202) 366-
8553.

G. Regulation 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 contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

H. Environmental Assessment

    This final rule incorporates new cylinder technologies through new 
and updated incorporations by reference of consensus standards 
developed by CGA; increases flexibility for cylinder manufacturers, 
requalifiers, and users; and facilitates compliance with the HMR by 
clarifying and reorganizing regulatory requirements applicable to 
cylinders. In addition, this final rule improves the overall safety 
performance of DOT specification cylinders by addressing several 
identified safety problems. To the extent that this final rule will 
reduce unintentional releases of hazardous materials from cylinders 
during transportation, it will reduce environmental damage associated 
with such releases. We find that there are no significant environmental 
impacts associated with this final rule.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Packaging and containers, Penalties, Reporting and 
recordkeeping requirements.

49 CFR Part 171

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

49 CFR Part 172

    Hazardous materials transportation, Hazardous waste, Labeling, 
Packaging and containers, Reporting and recordkeeping requirements.

49 CFR Part 173

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

49 CFR Part 177

    Hazardous materials transportation, Motor vehicle safety, Packaging 
and containers, Reporting and recordkeeping requirements.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference, 
Packaging and containers, Reporting and recordkeeping requirements.

49 CFR Part 179

    Hazardous materials transportation, Incorporation by reference, 
Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Incorporation by reference, 
Motor vehicle safety, Packaging and containers, Reporting and 
recordkeeping requirements.

    In consideration of the foregoing, title 49, Chapter I, Subchapters 
A and C of the Code of Federal Regulations, are amended as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

    1. The authority citation for part 107 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L. 
104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.

[[Page 51639]]

Sec. 107.1  [Amended]

    2. In Sec. 107.1, the definition of ``Registration'' is amended by 
removing the wording ``registration with RSPA as a cylinder retester 
pursuant to 49 CFR 173.34(e)(1), or''.

    3. Subpart I is added to part 107 to read as follows:
Subpart I--Approval of Independent Inspection Agencies, Cylinder 
Requalifiers, and Non-domestic Chemical Analyses and Tests of DOT 
Specification Cylinders
Sec.
107.801   Purpose and scope.
107.803   Approval of independent inspection agency.
107.805   Approval of cylinder requalifiers.
107.807   Approval of non-domestic chemical analyses and tests.

Subpart I--Approval of Independent Inspection Agencies, Cylinder 
Requalifiers, and Non-domestic Chemical Analyses and Tests of DOT 
Specification Cylinders


Sec. 107.801  Purpose and scope.

    (a) This subpart prescribes procedures for--
    (1) A person who seeks approval to be an independent inspection 
agency to perform cylinder inspections and verifications required by 
parts 178 and 180 of this chapter;
    (2) A person who seeks approval to engage in the requalification 
(e.g., inspection, testing, or certification), rebuilding, or repair of 
a cylinder manufactured in accordance with a DOT specification under 
subchapter C of this chapter or under the terms of an exemption issued 
under this part;
    (3) A person who seeks approval to perform the manufacturing 
chemical analyses and tests of DOT specification or exemption cylinders 
outside the United States.
    (b) No person may engage in a function identified in paragraph (a) 
of this section unless approved by the Associate Administrator in 
accordance with the provisions of this subpart. Each person must comply 
with the applicable requirements in this subpart. In addition, the 
procedural requirements in subpart H of this part apply to the filing, 
processing, and termination of an approval issued under this subpart.


Sec. 107.803  Approval of independent inspection agency.

    (a) General. Prior to performing cylinder inspections and 
verifications required by parts 178 and 180 of this chapter, a person 
must apply to the Associate Administrator for an approval as an 
independent inspection agency. A person approved as an independent 
inspection agency is not an RSPA agent or representative.
    (b) Criteria. No applicant for approval as an independent 
inspection agency may be engaged in the manufacture of cylinders for 
use in the transportation of hazardous materials, or be directly or 
indirectly controlled by, or have a financial involvement with, any 
entity that manufactures cylinders for use in the transportation of 
hazardous materials, except for providing services as an independent 
inspector.
    (c) Application information. Each applicant must submit an 
application in conformance with Sec. 107.705 containing the information 
prescribed in Sec. 107.705(a). In addition, the application must 
contain the following information:
    (1) Name and address of each facility where tests and inspections 
are to be performed.
    (2) Detailed description of the inspection and testing facilities 
to be used by the applicant.
    (3) Detailed description of the applicant's qualifications and 
ability to perform the inspections and to verify the inspections 
required by part 178 of this chapter or under the terms of an exemption 
issued under this part.
    (4) Name, address, and principal business activity of each person 
having any direct or indirect ownership interest in the applicant 
greater than three percent and any direct or indirect ownership 
interest in each subsidiary or division of the applicant.
    (5) Name of each individual whom the applicant proposes to employ 
as an inspector and who will be responsible for certifying inspection 
and test results, and a statement of that person's qualifications.
    (6) An identification or qualification number assigned to each 
inspector who is supervised by a certifying inspector identified in 
paragraph (c)(3) of this section.
    (7) A statement that the applicant will perform its functions 
independent of the manufacturers and owners of the cylinders.
    (8) The signature of the person certifying the approval application 
and the date on which it was signed.
    (d) Facility inspection. Upon the request of the Associate 
Administrator, the applicant must allow the Associate Administrator or 
the Associate Administrator's designee to inspect the applicant's 
facilities and records. The person seeking approval must bear the cost 
of the inspection.


Sec. 107.805  Approval of cylinder requalifiers.

    (a) General. A person must meet the requirements of this section to 
be approved to inspect, test, certify, repair, or rebuild a cylinder in 
accordance with a DOT specification under subpart C of part 178 or 
subpart C of part 180 of this chapter or under the terms of an 
exemption issued under this part.
    (b) Independent Inspection Agency Review. Each applicant must 
arrange for an independent inspection agency, approved by the Associate 
Administrator pursuant to this subpart, to perform a review of its 
inspection or requalification operation. The person seeking approval 
must bear the cost of the inspection. A list of approved independent 
inspection agencies is available from the Associate Administrator at 
the address listed in Sec. 107.705. Assistance in obtaining an approval 
is available from the same address.
    (c) Application for approval. If the inspection performed by an 
independent inspection agency is completed with satisfactory results, 
the applicant must submit a letter of recommendation from the 
independent inspection agency, an inspection report, and an application 
containing the information prescribed in Sec. 107.705(a). In addition, 
the application must contain--
    (1) The name of the facility manager;
    (2) The DOT specification/exemption cylinders that will be 
inspected, tested, repaired, or rebuilt at the facility;
    (3) A certification that the facility will operate in compliance 
with the applicable requirements of subchapter C of this chapter; and
    (4) The signature of the person making the certification and the 
date on which it was signed.
    (d) Issuance of requalifier identification number (RIN). The 
Associate Administrator issues a RIN as evidence of approval to 
requalify DOT specification/exemption cylinders if it is determined, 
based on the applicant's submission and other available information, 
that the applicant's qualifications and, when applicable, facility are 
adequate to perform the requested functions in accordance with the 
criteria prescribed in subpart C of Part 180 of this chapter.
    (e) Expiration of RIN. Unless otherwise provided in the issuance 
letter, an approval expires five years from the date of issuance, 
provided the applicant's facility and qualifications are maintained at 
or above the level observed at the time of inspection by the 
independent inspection agency, or at the date of the certification in 
the application for approval for requalifiers only performing 
inspections made under Sec. 180.209(g) of this chapter.
    (f) Exceptions. Notwithstanding the requirements in paragraphs (b) 
and (c) of this section, a person who only performs inspections in 
accordance

[[Page 51640]]

with Sec. 180.209(g) of this chapter may submit an application that, in 
addition to the information prescribed in Sec. 107.705(a), identifies 
the DOT specification/exemption cylinders to be inspected; certifies 
the requalifier will operate in compliance with the applicable 
requirements of subchapter C of this chapter; certifies the persons 
performing inspections have been trained and have the information 
contained in each applicable CGA pamphlet incorporated by reference in 
Sec. 171.7 of this chapter applicable to the requalifiers' activities; 
and includes the signature of the person making the certification and 
the date on which it was signed. Each person must comply with the 
applicable requirements in this subpart. In addition, the procedural 
requirements in subpart H of this part apply to the filing, processing 
and termination of an approval issued under this subpart. After 
September 30, 2003, no person may requalify a DOT specification/
exemption cylinder in accordance with Sec. 180.209(g) of this chapter 
unless that person has been issued a RIN as provided in paragraph (d) 
of this section.


Sec. 107.807  Approval of non-domestic chemical analyses and tests.

    (a) General. A person who seeks to manufacture DOT specification or 
exemption cylinders outside the United States must seek an approval 
from the Associate Administrator to perform the chemical analyses and 
tests of those cylinders outside the United States.
    (b) Application for approval. Each applicant must submit an 
application containing the information prescribed in Sec. 107.705(a). 
In addition, the application must contain--
    (1) The name, address, and a description of each facility at which 
cylinders are to be manufactured and chemical analyses and tests are to 
be performed;
    (2) Complete details concerning the dimensions, materials of 
construction, wall thickness, water capacity, shape, type of joints, 
location and size of openings and other pertinent physical 
characteristics of each specification or exemption cylinder for which 
approval is being requested, including calculations for cylinder wall 
stress and wall thickness, which may be shown on a drawing or on 
separate sheets attached to a descriptive drawing;
    (3) The name of the independent inspection agency to be used; and
    (4) The signature of the person making the certification and the 
date on which it was signed.
    (c) Facility inspections. Upon the request of the Associate 
Administrator, the applicant must allow the Associate Administrator or 
the Associate Administrator's designee to inspect the applicant's 
cylinder manufacturing and testing facilities and records, and must 
provide such materials and cylinders for analyses and tests as the 
Associate Administrator may specify. The applicant or holder must bear 
the cost of the initial and subsequent inspections, analyses, and 
tests.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    4. The authority citation for part 171 continues to read as 
follows:


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


    5. In Sec. 171.2, paragraph (d)(3) is revised to read as follows:


Sec. 171.2  General requirements.

* * * * *
    (d) * * *
    (3) Test dates associated with specification, registration, 
approval, retest, exemption, or requalification identification number 
(RIN) markings indicating compliance with a test or retest requirement 
of this subchapter, or an exemption, an approval, or a registration 
issued under this subchapter or subchapter A of this chapter.
* * * * *

    6. In Sec. 171.6, the table in paragraph (b)(2) is amended by 
revising the entries for 2137-0022 and 2137-0057, to read as follows:


Sec. 171.6  Control numbers under the Paperwork Reduction Act.

* * * * *
    (b) * * *
    (2) Table.

----------------------------------------------------------------------------------------------------------------
                                                                           Title 49 CFR part or section where
         Current OMB Control No.                     Title                      identified or described
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
2137-0022...............................  Testing, Inspection, and     Secs. 173.302a, 173.303, 173.304,
                                           Marking Requirements for     173.309, 178.2, 178.3, 178.35, 178.44,
                                           Cylinders.                   178.45, 178.46, 178.57, 178.59, 178.60,
                                                                        178.61, 178.68, 180.205, 180.209,
                                                                        180.211, 180.213, 180.215.
 
*                  *                  *                  *                  *                  *
                                                        *
2137-0557...............................  Approvals for Hazardous      Secs. 107.402; 107.403; 107.405; 107.503;
                                           Materials.                   107.705; 107.713; 107.715; 107.717;
                                                                        107.803; 107.805; 107.807; 110.30;
                                                                        172.101; 172.102, Special Provisions 26,
                                                                        19, 53, 55, 60, 105, 118, 121, 125, 129,
                                                                        131, 133, 136; 172.102, Special
                                                                        Provisions B45, B55, B61, B69, B77, B81,
                                                                        N10, N72, Code: T42; 173.2a; 173.4;
                                                                        173.7; 173.21; 173.22; 173.24; 173.38;
                                                                        173.31; 173.51; 173.56; 173.58; 173.59;
                                                                        173.124; 173.128; 173.159; 173.166;
                                                                        173.171; 173.214; 173.222; 173.224;
                                                                        173.225; 173.245; 173.301; 173.305;
                                                                        173.306; 173.314; 173.315; 173.316;
                                                                        173.318; 173.334; 173.340; 173.411;
                                                                        173.433; 173.457; 173.471; 173.472;
                                                                        173.473; 173.476; 174.50; 174.63;
                                                                        175.10; 175.701; 176.168; 176.340;
                                                                        176.704; 178.3; 178.35; 178.47; 178.53;
                                                                        178.58; 178.270-3; 178.270-13; 178.273;
                                                                        178.274; 178.503; 178.509; 178.605;
                                                                        178.606; 178.608; 178.801; 178.813;
                                                                        180.213.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------


    7. In Sec. 171.7, in the table in paragraph (a)(3), the following 
changes are made:
    a. In the entry ASTM A 240/A 240M-94b, the wording ``A 240M-94b'' 
is revised to read ``A 240M-99b''.
    b. The entry ASTM A 388-67 is removed.
    c. In the entry ASTM E 8-89, the wording ``E 8-89 Tension Testing 
of

[[Page 51641]]

Metallic Materials'' is revised to read ``E 8-99 Standard Test Methods 
for Tension Testing of Metallic Materials''.
    d. In the entry ASTM E 23-60, in column 1, the wording ``E 23-60 
Notched Bar Impact Testing of Metallic Materials'' is revised to read 
``E 23-98 Standard Test Methods for Notched Bar Impact Testing of 
Metallic Materials'' and in column 2, the reference ``; 179.400'' is 
removed.
    e. In the entry CGA Pamphlet C-3, in column 1, the wording 
``Standards for Welding and Brazing on Thinned Walled Containers, 
1975'' is revised to read ``Standards for Welding on Thin-Walled Steel 
Cylinders, 1994'' and in column 2, the reference ``; 180.211'' is 
added, in numerical order.
    f. In the entry CGA Pamphlet C-5, in column 2, the reference 
``173.302'' is removed and the reference ``173.302a'' is added in its 
place.
    g. In the entry CGA Pamphlet C-6, in column 2, the reference 
``173.34;'' is removed and the references ``173.198; 180.205; 180.209; 
180.211;'' are added, in numerical order.
    h. In the entry CGA Pamphlet C-6.1, in column 2, the reference 
``173.34'' is removed and the references ``180.205; 180.209'' are 
added, in its place.
    i. In the entry CGA Pamphlet C-6.2, in column 2, the reference 
``173.34'' is removed and the reference ``180.205'' is added, in its 
place.
    j. In the entry CGA Pamphlet C-6.3, in column 2, the reference 
``173.34'' is removed and the references ``180.205; 180.209'' are 
added, in its place.
    k. In the entry CGA Pamphlet C-8, in column 2, the reference 
``173.34'' is removed and the reference ``180.205'' is added, in its 
place.
    l. In the entry CGA Pamphlet C-12, in column 2, the reference 
``173.34;'' is removed and the reference ``173.301;'' is added, in 
numerical order.
    m. In the entry CGA Pamphlet C-13, in column 2, the reference 
``173.34;'' is removed and the references ``; 180.205; 180.209.'' are 
added, in numerical order.
    n. In the entry CGA Pamphlet C-14, in column 2, the reference 
``173.34'' is removed and the reference ``173.301'' is added, in its 
place.
    o. In the entry CGA Pamphlet S-1.1, in column 2, the reference 
``173.34'' is removed and the reference ``173.301; 173.304a.'' is 
added, in its place.
    p. Under General Services Administration, in the entry Federal 
Specification RR-C-901C, in column 2, the reference ``173.304;'' is 
removed and the reference ``; 173.337'' is added, in numerical order.
    q. Two new entries are added in alphanumeric sequence under 
American Society for Testing and Materials, the address for Compressed 
Gas Association, Inc., is revised, and two new entries are added in 
alphanumeric sequence under Compressed Gas Association, to read as 
follows:


Sec. 171.7  Reference material.

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

------------------------------------------------------------------------
          Source and name of material                49 CFR reference
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
American Society for Testing and Materials *  *
 *
 
*                  *                  *                  *
                  *                  *                  *
ASTM D 1835-97, Standard Specification for       180.209
 Liquefied Petroleum (LP) Gases
 
*                  *                  *                  *
                  *                  *                  *
ASTM E 213-98, Standard Practice for Ultrasonic  178.45
 Examination of Metal Pipe and Tubing
 
*                  *                  *                  *
                  *                  *                  *
Compressed Gas Association, Inc., 4221 Walney
 Road, 5th Floor, Chantilly, Virginia 20151
 
*                  *                  *                  *
                  *                  *                  *
CGA Pamphlet P-20, Standard for the              173.115
 Classification of Toxic Gas Mixtures, 1995.
 
*                  *                  *                  *
                  *                  *                  *
CGA Pamphlet S-7, Method for Selecting Pressure  173.301
 Relief Devices for Compressed Gas Mixtures in
 Cylinders, 1996.
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

* * * * *


Sec. 171.8  [Amended]

    8. In Sec. 171.8, in the definition of ``Filling density'', 
paragraph (1) is amended by revising the reference ``Sec. 173.304(a)(2) 
table note 1'' to read ``Sec. 173.304a(a)(2) table note 1''.

    9. In Sec. 171.12, paragraph (b)(15) is revised to read as follows:


Sec. 171.12  Import and export shipments.

* * * * *
    (b) * * *
    (15) Cylinders not manufactured to a DOT specification must conform 
to the requirements of Sec. 173.301(j) through (l) of this subchapter 
or, for Canadian manufactured cylinders, to the requirements of 
Sec. 171.12a(b)(13).
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

    10. The authority citation for part 172 continues to read as 
follows:

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


    11. In Sec. 172.101, the Hazardous Materials Table is amended by 
revising the entries Cyanogen, Germane, and Iron pentacarbonyl, to read 
as follows:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 51642]]



                                                                            Sec.  172.101.--Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Hazardous                                                                        (8)  Packaging (Sec.  173.***)  (9)  Quanity limitations     (10)  Vessel
                                   materials       Hazard                                              Special     ----------------------------------------------------------       stowage
           Symbols             descriptions and   class or   Identification     PG        Label       provisions                                     Passenger      Cargo    -------------------
                                proper shipping   division      numbers                   codes    (Sec.  172.102)  Exceptions   Nonbulk    Bulk     aircraft/     aircraft
                                     names                                                                                                              rail         only     Location    Other
(1)                            (2).............        (3)  (4)............  (5).....  (6).......  (7)............  (8A)......  (8B)....  (8C)....  (9A).......  (9B).......  (10A)...  (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                       *                  *                  *                  *                  *                  *                  *
                               Cyanogen........        2.3  UN1026.........            2.3, 2.1..  2..............  None......  304.....  245.....  Forbidden..  Forbidden..  D.......  40
 
                                       *                  *                  *                  *                  *                  *                  *
                               Germane.........        2.3  UN2192.........            2.3, 2.1..  2..............  None......  302.....  245.....  Forbidden..  Forbidden..  D.......  40
                               Iron penta              6.1  UN1994.........  I.......  6.1, 3....  1,B9, B14, B30,  None......  226.....  244.....  Forbidden..  Forbidden..  D.......  40
                                carbonyl.                                                           B72, B77, T22,
                                                                                                    TP2, TP13,
                                                                                                    TP38, TP44.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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

    12. The authority citation for part 173 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.


Sec. 173.34  [Removed]

    13. Section 173.34 is removed.

    14. Section 173.40 is revised to read as follows:


Sec. 173.40  General packaging requirements for toxic materials 
packaged in cylinders.

    When this section is referenced for a Hazard Zone A or B hazardous 
material elsewhere in this subchapter, the requirements in this section 
are applicable to cylinders used for that material.
    (a) Authorized cylinders. (1) A cylinder must conform to one of the 
specifications for cylinders in subpart C of part 178 of this 
subchapter, except that specification 8, 8AL, and 39 cylinders are not 
authorized.
    (2) After September 30, 2002, DOT 3AL cylinders made of aluminum 
alloy 6351-T6 may not be filled and offered for transportation or 
transported with a Division 2.3 Hazard Zone A material, a Division 6.1 
Hazard Zone A material, or any liquid meeting the definition of 
Division 6.1 and the criteria for Packing Group I Hazard Zone A, as 
specified in Sec. 173.133. If it is otherwise serviceable and conforms 
to the regulations in effect on September 30, 2002, a DOT 3AL cylinder 
made of aluminum alloy 6351-T6 and filled before October 1, 2002, may 
be transported for reprocessing or disposal of the cylinder's contents 
until April 1, 2003.
    (b) Outage and pressure requirements. The pressure of the hazardous 
material at 55 deg. C(131 deg. F) may not exceed the service pressure 
of the cylinder. Sufficient outage must be provided so that the 
cylinder will not be liquid full at 55 deg. C(131 deg. F).
    (c) Closures. Each cylinder containing a Hazard Zone A material 
must be closed with a plug or valve conforming to the following:
    (1) Each plug or valve must have a taper-threaded connection 
directly to the cylinder and be capable of withstanding the test 
pressure of the cylinder without damage or leakage.
    (2) Each valve must be of the packless type with non-perforated 
diaphragm, except that, for corrosive materials, a valve may be of the 
packed type with an assembly made gas-tight by means of a seal cap with 
gasketed joint attached to the valve body or the cylinder to prevent 
loss of material through or past the packing.
    (3) Each valve outlet must be sealed by a threaded cap or threaded 
solid plug and inert gasketing material.
    (4) The materials of construction for the cylinder, valves, plugs, 
outlet caps, luting, and gaskets must be compatible with each other and 
with the lading.
    (d) Additional handling protection. Each cylinder or cylinder 
overpack combination offered for transportation containing a Division 
2.3 or 6.1 Hazard Zone A or B material must conform to the valve damage 
protection performance requirements of this section. In addition to the 
requirements of this section, overpacks must conform to the overpack 
provisions of Sec. 173.25.
    (1) Each cylinder with a wall thickness at any point of less than 
2.03 mm (0.08 inch) and each cylinder that does not have fitted valve 
protection must be overpacked in a box. The box must conform to 
overpack provisions in Sec. 173.25. Box and valve protection must be of 
sufficient strength to protect all parts of the cylinder and valve, if 
any, from deformation and breakage resulting from a drop of 2.0 m (7 
ft) or more onto a non-yielding surface, such as concrete or steel, 
impacting at an orientation most likely to cause damage. 
``Deformation'' means a cylinder or valve that is bent, distorted, 
mangled, misshapen, twisted, warped, or in a similar condition.
    (2) Each cylinder with a valve must be equipped with a protective 
metal cap, other valve protection device, or an overpack sufficient to 
protect the valve from deformation, breakage or leakage resulting from 
a drop of 2.0 m (7 ft) onto a non-yielding surface, such as concrete or 
steel. Impact must be at an orientation most likely to cause damage.
    (e) Interconnection. Cylinders may not be manifolded or 
interconnected.

    15. In Sec. 173.115, the last sentence in paragraph (c)(2) and 
paragraph (j) are revised to read as follows:


Sec. 173.115  Class 2, Divisions 2.1, 2.2, and 2.3--Definitions.

* * * * *
    (c) * * *
    (2) * * * LC50 values for mixtures may be determined using the 
formula in Sec. 173.133(b)(1)(i) or CGA Pamphlet P-20 (incorporated by 
reference; see Sec. 171.7 of this subchapter).
* * * * *
    (j) Refrigerant gas or Dispersant gas. The terms Refrigerant gas 
and Dispersant gas apply to all nonpoisonous refrigerant gases; 
dispersant gases (fluorocarbons) listed in Sec. 172.101 of this 
subchapter and Secs. 173.304, 173.314(c), 173.315(a)(1), and 173.315(h) 
and mixtures thereof; and any other compressed gas having a vapor 
pressure not exceeding 260 psia at 54 deg. C(130 deg. F), used only as 
a refrigerant, dispersant, or blowing agent.

[[Page 51643]]


    16. Section 173.163 is revised to read as follows:


Sec. 173.163  Hydrogen fluoride.

    Hydrogen fluoride (hydrofluoric acid, anhydrous) must be packaged 
in a specification 3, 3A, 3AA, 3B, 3BN, 3E, or 4A cylinder; or a 
specification 4B, 4BA, or 4BW cylinder, if the cylinder is not brazed. 
Filling density may not exceed 85 percent of the cylinder's water 
weight capacity. In place of the periodic hydrostatic retest, cylinders 
used in exclusive service may be given a complete external visual 
inspection in conformance with part 180, subpart C, of this subchapter, 
at the time such retest becomes due. Cylinders removed from hydrogen 
fluoride service must be condemned in accordance with Sec. 180.205 of 
this subchapter or, at the direction of the owner, rendered incapable 
of holding pressure.

    17. Section 173.192 is revised to read as follows:


Sec. 173.192  Packaging for certain toxic gases in Hazard Zone A.

    When Sec. 172.101 of this subchapter specifies a toxic material 
must be packaged under this section, only specification cylinders are 
authorized, as follows:
    (a) Specification 3A1800, 3AA1800, 3AL1800, or 3E1800 cylinders, 
under the following conditions:
    (1) Specification 3A, 3AA, or 3AL cylinders may not exceed 57 kg 
(125 lb) water capacity (nominal).
    (2) Specification 3AL cylinders may only be offered for 
transportation or transported by highway and rail.
    (b) Packagings must conform to the requirements of Sec. 173.40.
    (c) For cylinders used for phosgene:
    (1) The filling density may not exceed 125 percent;
    (2) A cylinder may not contain more than 68 kg (150 lb) of 
phosgene; and
    (3) Each cylinder containing phosgene must be tested for leakage 
before it is offered for transportation or transported and must show no 
leakage. The leakage test must consist of immersing the cylinder and 
valve, without the protective cap attached, in a bath of water at a 
temperature of approximately 66 deg. C (150 deg. F) for at least 30 
minutes, during which time frequent examinations must be made to note 
any escape of gas. The valve of the cylinder may not be loosened after 
this test. Suitable safeguards must be provided to protect personnel 
and facilities should failure occur during the test. As an alternative, 
each cylinder containing phosgene may be tested for leakage by a method 
approved in writing by the Associate Administrator.

    18. In Sec. 173.198, the last two sentences in paragraph (a) are 
revised to read as follows:


Sec. 173.198  Nickel carbonyl.

    (a) * * * A cylinder used exclusively for nickel carbonyl may be 
given a complete external visual inspection instead of the pressure 
test required by Sec. 180.205 of this subchapter. Visual inspection 
must be in accordance with CGA Pamphlet C-6 (incorporated by reference; 
see Sec. 171.7 of this subchapter).
* * * * *

    19. In Sec. 173.226, paragraph (a) is revised to read as follows:


Sec. 173.226  Materials poisonous by inhalation, Division 6.1, Packing 
Group I, Hazard Zone A.

* * * * *
    (a) In seamless specification cylinders conforming to the 
requirements of Sec. 173.40.
* * * * *

    20. In Sec. 173.227, the section heading and paragraph (a) are 
revised to read as follows:


Sec. 173.227  Materials poisonous by inhalation, Division 6.1, Packing 
Group I, Hazard Zone B.

* * * * *
    (a) In packagings as authorized in Sec. 173.226 and seamless and 
welded specification cylinders conforming to the requirements of 
Sec. 173.40.
* * * * *

    21. Section 173.228 is revised to read as follows:


Sec. 173.228  Bromine pentafluoride or bromine trifluoride.

    The following packagings are authorized for bromine pentafluoride 
and bromine trifluoride:
    (a) Specification 3A150, 3AA150, 3B240, 3BN150, 4B240, 4BA240, 
4BW240 and 3E1800 cylinders. No cylinder may be equipped with a 
pressure relief device.
    (b) A material in Hazard Zone A must be transported in a seamless 
specification cylinder conforming to the requirements of Sec. 173.40. 
No cylinder may be equipped with a pressure relief device.


Secs. 173.300a, 173.300b, 173.300c  [Removed]

    22. In part 173, Secs. 173.300a, 173.300b, and 173.300c are 
removed.
    23. Section 173.301 is revised to read as follows:


Sec. 173.301  General requirements for shipment of compressed gases in 
cylinders and spherical pressure vessels.

    (a) General qualifications for use of cylinders. As used in this 
subpart, filled or charged means an introduction or presence of a 
hazardous material in a cylinder. A Class 2 material (gas) offered for 
transportation in a cylinder must be prepared in accordance with this 
section and Secs. 173.302 through 173.305, as applicable.
    (1) Compressed gases must be in metal cylinders and containers 
built in accordance with the DOT and ICC specifications, as shown in 
this paragraph (a)(1), in effect at the time of manufacture, and 
requalified and marked as required by the specification and the 
regulation for requalification, if applicable:

Packagings

2P
2Q
ICC-3\1\*COM019*
---------------------------------------------------------------------------

    \1\ Use of existing cylinders is authorized. New construction is 
not authorized.
---------------------------------------------------------------------------

3A
3AA
3AL
3AX
3A480X
3AAX
3B
3BN
3E
3HT
3T
4AA480
4B
4B240ET
4BA
4BW
4D
4DA
4DS
4E
4L
8
8AL
39

    (2) A cylinder must be filled in accordance with this part. Before 
each filling of a cylinder, the person filling the cylinder must 
visually inspect the outside of the cylinder. A cylinder that has a 
crack or leak, is bulged, has a defective valve or a leaking or 
defective pressure relief device, or bears evidence of physical abuse, 
fire or heat damage, or detrimental rusting or corrosion, may not be 
filled and offered for transportation. A cylinder may be repaired and 
requalified only as prescribed in subpart C of part 180 of this 
subchapter.
    (3) Pressure relief devices must be tested for leaks before the 
charged cylinder is shipped from the cylinder filling plant. It is 
expressly forbidden to repair a leaking fuse plug device, where the 
leak is through the fusible metal or between the fusible metal and the 
opening in the plug body, except by

[[Page 51644]]

removal of the device and replacement of the fusible metal.
    (4) A cylinder that previously contained a Class 8 material must be 
requalified in accordance with Sec. 180.205(e) of this subchapter.
    (5) When a cylinder with a marked pressure limit is prescribed, 
another cylinder made under the same specification but with a higher 
marked pressure limit is authorized. For example, a cylinder marked 
``DOT-4B500'' may be used when ``DOT-4B300'' is specified.
    (6) No person may fill a cylinder overdue for periodic 
requalification with a hazardous material and then offer it for 
transportation. The prohibition against offering a cylinder for 
transportation that is overdue for periodic requalification does not 
apply to a cylinder filled prior to the requalification due date.
    (7) A cylinder with an authorized service life may not be offered 
for transportation in commerce after its authorized service life has 
expired. However, a cylinder in transportation or a cylinder filled 
prior to the expiration of its authorized service life may be 
transported for reprocessing or disposal of the cylinder's contents. 
After emptying, the cylinder must be condemned in accordance with 
Sec. 180.205 of this subchapter.
    (8) The pressure of the hazardous material at 55 deg. C (131 deg. 
F) may not exceed 5/4 of the service pressure of the cylinder. 
Sufficient outage must be provided so the cylinder will not be liquid 
full at 55 deg. C (131 deg. F).
    (9) Specification 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 
39 cylinders must be shipped in strong outer packagings. The strong 
outer packaging must conform to paragraph (h) of this section and to 
Sec. 173.25.
    (b) Cylinder markings. Required markings on a cylinder must be 
legible and must meet the applicable requirements of subpart C of part 
180 of this subchapter. Additional information may be marked on the 
cylinder provided it does not affect the required markings prescribed 
in the applicable cylinder specification.
    (c) Toxic gases and mixtures. Cylinders containing toxic gases and 
toxic gas mixtures meeting the criteria of Division 2.3 Hazard Zone A 
or B must conform to the requirements of Sec. 173.40 and CGA Pamphlets 
S-1.1 and S-7 (incorporated by reference; see Sec. 171.7 of this 
subchapter). A DOT 39 cylinder may not be used for toxic gases or toxic 
gas mixtures meeting the criteria for Division 2.3, Hazard Zone A or B.
    (d) Gases capable of combining chemically. A filled cylinder may 
not contain any gas or material capable of combining chemically with 
the cylinder's contents or with the cylinder's material of 
construction, so as to endanger the cylinder's serviceability. After 
September 30, 2002, DOT 3AL cylinders made of aluminum alloy 6351-T6 
may not be filled and offered for transportation with pyrophoric gases; 
however, if it is otherwise serviceable and conforms to the regulations 
in effect on September 30, 2002, a DOT 3AL cylinder made of aluminum 
alloy 6351-T6 and filled before October 1, 2002, may be transported for 
reprocessing or disposal of the cylinder's contents until April 1, 
2003.
    (e) Ownership of cylinder. A cylinder filled with a hazardous 
material may not be offered for transportation unless it was filled by 
the owner of the cylinder or with the owner's consent.
    (f) Pressure relief device systems. (1) Except as provided in 
paragraphs (f)(5) and (f)(6) of this section, a cylinder filled with a 
gas and offered for transportation must be equipped with one or more 
pressure relief devices sized and selected as to type, location, and 
quantity, and tested in accordance with CGA Pamphlets S-1.1 
(incorporated by reference; see Sec. 171.7 of this subchapter; 
compliance with paragraph 9.1.1.1 of CGA Pamphlet S-1.1 is not 
required) and S-7 (incorporated by reference; see Sec. 171.7 of this 
subchapter). The pressure relief device must be capable of preventing 
rupture of the normally filled cylinder when subjected to a fire test 
conducted in accordance with CGA Pamphlet C-14 (incorporated by 
reference; see Sec. 171.7 of this subchapter), or, in the case of an 
acetylene cylinder, CGA Pamphlet C-12 (incorporated by reference; see 
Sec. 171.7 of this subchapter).
    (2) When a pressure relief device is installed, the inlet port to 
the relief channel must be in the vapor space of the cylinder.
    (3) For a DOT 3, 3A, 3AA, 3AL, 3AX, 3AXX, 3B or 3BN cylinder, from 
the first requalification due on and after October 1, 2002, the set 
pressure of the pressure relief device must be at test pressure with a 
tolerance of plus zero to minus 10%.
    (4) A pressure relief device is required on a DOT 39 cylinder 
regardless of cylinder size or filled pressure. A DOT 39 cylinder used 
for liquefied Division 2.1 materials must be equipped with a metal 
pressure relief device. Fusible pressure relief devices are not 
authorized on a DOT 39 cylinder containing a liquefied gas.
    (5) A pressure relief device is not required on--
    (i) A cylinder 305 mm (12 inches) or less in length, exclusive of 
neck, and 114 mm (4.5 inches) or less in outside diameter, except when 
the cylinder is filled with a liquefied gas for which this part 
requires a service pressure of 1800 psig or higher or a nonliquefied 
gas to a pressure of 1800 psig or higher at 21 deg. C (70 deg. F);
    (ii) A cylinder with a water capacity of less than 454 kg (1000 
lbs) filled with a nonliquefied gas to a pressure of 300 psig or less 
at 21 deg.C (70 deg.F), except for a DOT 39 cylinder or a cylinder used 
for acetylene in solution; or
    (iii) A cylinder containing a Class 3 or a Class 8 material without 
pressurization, unless otherwise specified for the hazardous material.
    (6) A pressure relief device is prohibited on a cylinder filled 
with a Division 2.3 or 6.1 material in Hazard Zone A.
    (g) Manifolding cylinders in transportation. (1) Cylinder 
manifolding is authorized only under conditions prescribed in this 
paragraph (g). Manifolded cylinders must be supported and held together 
as a unit by structurally adequate means. Except for Division 2.2 
materials, each cylinder must be equipped with an individual shutoff 
valve that must be tightly closed while in transit. Manifold branch 
lines must be sufficiently flexible to prevent damage to the valves 
that otherwise might result from the use of rigid branch lines. Each 
cylinder must be individually equipped with a pressure relief device as 
required in paragraph (f) of this section. Pressure relief devices on 
manifolded horizontal cylinders filled with a compressed gas must be 
arranged to discharge unobstructed to the open air in such a manner as 
to prevent any escaping gas from contacting personnel or any adjacent 
cylinders. Pressure relief devices on manifolded horizontal cylinders 
filled with a flammable compressed gas must be arranged to discharge 
upward to prevent any escaping gas from contacting any adjacent 
cylinders. Valves and pressure relief devices on manifolded cylinders 
filled with a compressed gas must be protected from damage by framing, 
a cabinet, or other method. Manifolding is authorized for cylinders 
containing the following gases:
    (i) Nonliquefied (permanent) compressed gases authorized by 
Sec. 173.302.
    (ii) Liquefied compressed gases authorized by Sec. 173.304. Each 
manifolded cylinder containing a liquefied compressed gas must be 
separately filled and means must be provided to ensure no interchange 
of

[[Page 51645]]

cylinder contents can occur during transportation.
    (iii) Acetylene as authorized by Sec. 173.303.
    (2) For the checking of tare weights or replacing solvent, the 
cylinder must be removed from the manifold. This requirement is not 
intended to prohibit filling acetylene cylinders while manifolded.
    (h) Cylinder valve protection. (1) A cylinder used to transport a 
hazardous material must meet the requirements specified in this 
paragraph (h). The following cylinders are not subject to the cylinder 
valve protection requirements in this paragraph (h):
    (i) A cylinder containing only a Division 2.2 material without a 
Division 5.1 subsidiary hazard;
    (ii) A cylinder containing a Class 8 liquid corrosive only to 
metal;
    (iii) A cylinder with a water capacity of 4.8 liters (293 in \3\) 
or less containing oxygen, compressed;
    (iv) A cylinder containing oxygen, refrigerated liquid (cryogenic 
liquid);
    (v) A Medical E cylinder with a water capacity of 4.9 liters (300 
in \3\) or less;
    (vi) A fire extinguisher; or
    (vii) A cylinder containing acetylene.
    (2) For cylinders manufactured before October 1, 2007, a cylinder 
must have its valves protected by one of the following methods:
    (i) By equipping the cylinder with securely attached metal caps of 
sufficient strength to protect valves from damage during 
transportation;
    (ii) By boxing or crating the cylinders so as to protect valves 
from damage during transportation; or
    (iii) By constructing the cylinder so that the valve is recessed 
into the cylinder or otherwise protected to the extent that it will not 
be subjected to a blow when the container is dropped onto a flat 
surface.
    (3) For cylinders manufactured after October 1, 2007, each cylinder 
valve assembly must be of sufficient strength or protected such that no 
leakage occurs when a cylinder with the valve installed is dropped 1.8 
m (6 ft.) or more onto a non-yielding surface, such as concrete or 
steel, impacting the valve assembly or protection device at an 
orientation most likely to cause damage. The cylinder valve assembly 
protection may be provided by any method meeting the performance 
requirement in this paragraph (h)(3). Examples include:
    (i) Equipping the cylinder with a securely attached metal cap.
    (ii) Packaging the cylinder in a box, crate, or other strong 
outside packaging conforming to the requirements of Sec. 173.25.
    (iii) Constructing the cylinder such that the valve is recessed 
into the cylinder or otherwise protected.
    (i) Cylinders mounted on motor vehicles or in frames. Seamless DOT 
specification cylinders longer than 2 m (6.5 feet) are authorized for 
transportation only when horizontally mounted on a motor vehicle or in 
an ISO framework or other framework of equivalent structural integrity. 
Cylinders may not be transported by rail in container on freight car 
(COFC) or trailer on flat car (TOFC) service except under conditions 
approved by the Associate Administrator for Safety, Federal Railroad 
Administration. The cylinder must be configured as follows:
    (1) Each cylinder must be fixed at one end of the vehicle or 
framework with provision for thermal expansion at the opposite end 
attachment;
    (2) The valve and pressure relief device protective structure must 
be sufficiently strong to withstand a force equal to twice the weight 
of the cylinder and framework assembly with a safety factor of four, 
based on the ultimate strength of the material used; and
    (3) Discharge from a pressure relief device must be arranged in 
such a manner as to prevent any escaping gas from contacting personnel 
or any adjacent cylinders.
    (j) Non-specification cylinders in domestic use. Except as provided 
in paragraphs (k) and (l) of this section, a filled non-DOT 
specification cylinder, other than a DOT exemption cylinder or a 
cylinder used as a fire extinguisher in conformance with Sec. 173.309, 
may not be offered for transportation or transported to, from, or 
within the United States.
    (k) Importation of foreign cylinders for discharge within a single 
port area. A cylinder manufactured to other than a DOT specification 
and certified as being in conformance with the transportation 
regulations of another country may be authorized, upon written request 
to and approval by the Associate Administrator, for transportation 
within a single port area, provided--
    (1) The cylinder is transported in a closed freight container;
    (2) The cylinder is certified by the importer to provide a level of 
safety at least equivalent to that required by the regulations in this 
subchapter for a comparable DOT specification cylinder; and
    (3) The cylinder is not refilled for export unless in compliance 
with paragraph (l) of this section.
    (l) Filling of foreign cylinders for export. A cylinder not 
manufactured, inspected, tested and marked in accordance with part 178 
of this subchapter, or a cylinder manufactured to other than a DOT 
specification or exemption, may be filled with a gas in the United 
States and offered for transportation and transported for export, if 
the following conditions are met:
    (1) The cylinder has been requalified and marked with the month and 
year of requalification in accordance with subpart C of part 180 of 
this subchapter, or has been requalified as authorized by the Associate 
Administrator.
    (2) The maximum filling density and service pressure for each 
cylinder conform to the requirements of this part for the gas involved.
    (3) The bill of lading or other shipping paper identifies the 
cylinder and includes the following certification: ``This cylinder has 
(These cylinders have) been qualified, as required, and filled in 
accordance with the DOT requirements for export.''.
    (m) Metal attachments. Metal attachments to cylinders must have 
rounded or chamfered corners, or be otherwise protected, so as to 
prevent the likelihood of causing puncture or damage to other hazardous 
materials packages. This requirement applies to anything temporarily or 
permanently attached to the cylinder, such as metal skids.

    24. Section 173.301a is added to read as follows:


Sec. 173.301a  Additional general requirements for shipment of 
specification cylinders.

    (a) General. The requirements in this section are in addition to 
the requirements in Sec. 173.301 and apply to the shipment of gases in 
specification cylinders.
    (b) Authorized cylinders not marked with a service pressure. For 
authorized cylinders not marked with a service pressure, the service 
pressure is designated as follows:

------------------------------------------------------------------------
                                                               Service
                   Specification marking                       Pressure
                                                                 psig
------------------------------------------------------------------------
3..........................................................         1800
3E.........................................................         1800
8..........................................................          250
------------------------------------------------------------------------

    (c) Cylinder pressure at 21 deg. C (70 deg. F). The pressure in a 
cylinder at 21 deg. C (70 deg. F) may not exceed the service pressure 
for which the cylinder is marked or designated, except as provided in 
Sec. 173.302a(b). For certain liquefied gases, the pressure at 21 deg. 
C (70 deg. F) must be lower than the marked service pressure to avoid 
having a pressure at a temperature of 55 deg. C (131 deg. F) that is 
greater than permitted.

[[Page 51646]]

    (d) Cylinder pressure at 55 deg. C (131 deg. F). The pressure in a 
cylinder at 55 deg. C (131 deg. F) may not exceed 5/4 times the service 
pressure, except:
    (1) For a cylinder filled with acetylene, liquefied nitrous oxide, 
or carbon dioxide.
    (2) For a cylinder filled in accordance with Sec. 173.302a(b), the 
pressure in the cylinder at 55 deg. C (131 deg. F) may not exceed 5/4 
times the filling pressure.
    (3) For toxic materials, the pressure in the cylinder at 55 deg. C 
(131 deg. F) may not exceed the service pressure of the cylinder.
    (e) Grandfather clause. A cylinder in domestic use prior to the 
date on which the specification for the cylinder was first made 
effective may be used if the cylinder has been properly tested and 
otherwise conforms to the requirements applicable to the gas with which 
it is charged.


Sec. 173.301b  [Reserved]

    25. Section 173.301b is added and reserved.

    26. Section 173.302 is revised to read as follows:


Sec. 173.302  Filling of cylinders with nonliquefied (permanent) 
compressed gases.

    (a) General requirements. A cylinder filled with a nonliquefied 
compressed gas (except gas in solution) must be offered for 
transportation in accordance with the requirements of this section and 
Secs. 173.301, 173.301a, 173.302a, and 173.305, as applicable. Where 
more than one section applies to a cylinder, the most restrictive 
requirements must be followed.
    (b) Aluminum cylinders in oxygen service. Each aluminum cylinder 
filled with oxygen must meet all of the following conditions:
    (1) Each valve or portion of a valve that may come into contact 
with the oxygen being transported in the cylinder must be constructed 
of brass or stainless steel.
    (2) Each cylinder opening must be configured with straight threads 
only.
    (3) Each cylinder must be cleaned in accordance with the 
requirements of Federal Specification RR-C-901C, paragraphs 3.3.1 and 
3.3.2 (incorporated by reference; see Sec. 171.7 of this subchapter). 
Cleaning agents equivalent to those specified in RR-C-901C may be used 
provided they do not react with oxygen. One cylinder selected at random 
from a group of 200 or fewer and cleaned at the same time must be 
tested for oil contamination in accordance with Specification RR-C-
901C, paragraph 4.4.2.2 (incorporated by reference; see Sec. 171.7 of 
this subchapter), and meet the specified standard of cleanliness.
    (4) The pressure in each cylinder may not exceed 3000 psig at 
21 deg.C (70 deg.F).
    (c) Notwithstanding the provisions of Sec. 173.24(b)(1), an 
authorized cylinder containing oxygen continuously fed to tanks 
containing live fish may be offered for transportation and transported.
    (d) Shipment of Division 2.1 materials in aluminum cylinders is 
authorized for transportation only by motor vehicle, rail car, or 
cargo-only aircraft.

    27. Section 173.302a is added to read as follows:


Sec. 173.302a  Additional requirements for shipment of nonliquefied 
(permanent) compressed gases in specification cylinders.

    (a) Detailed filling requirements. Nonliquefied compressed gases 
(except gas in solution) for which filling requirements are not 
specifically prescribed in Sec. 173.304a must be shipped subject to the 
requirements in this section and Secs. 173.301, 173.301a, 173.302, and 
173.305 in specification cylinders, as follows:
    (1) DOT 3, 3A, 3AA, 3AL, 3B, 3E, 4B, 4BA and 4BW cylinders.
    (2) DOT 3HT cylinders. These cylinders are authorized for aircraft 
use only and only for nonflammable gases. They have a maximum service 
life of 24 years from the date of manufacture. The cylinders must be 
equipped with frangible disc type pressure relief devices that meet the 
requirements of Sec. 173.301(f). Each frangible disc must have a rated 
bursting pressure not exceeding 90 percent of the minimum required test 
pressure of the cylinder. Discs with fusible metal backing are not 
permitted. Specification 3HT cylinders may be offered for 
transportation only when packed in strong outer packagings conforming 
to the requirements of Sec. 173.25.
    (3) For a DOT 39 cylinder filled with a Division 2.1 material, the 
internal volume of the cylinder may not exceed 1.23 L (75 in \3\).
    (4) DOT 3AX, 3AAX, and 3T cylinders are authorized for Division 2.1 
and 2.2 materials and for carbon monoxide. DOT 3T cylinders are not 
authorized for hydrogen. When used in methane service, the methane must 
be a nonliquefied gas with a minimum purity of 98.0 percent methane and 
commercially free of corroding components.
    (5) Aluminum cylinders manufactured in conformance with 
specifications DOT 39 and 3AL are authorized for oxygen only under the 
conditions specified in Sec. 173.302(b).
    (b) Special filling limits for DOT 3A, 3AX, 3AA, 3AAX, and 3T 
cylinders. A DOT 3A, 3AX, 3AA, 3AAX, and 3T cylinder may be filled with 
a compressed gas, other than a liquefied, dissolved, Division 2.1, or 
Division 2.3 gas, to a pressure 10 percent in excess of its marked 
service pressure, provided:
    (1) The cylinder is equipped with a frangible disc pressure relief 
device (without fusible metal backing) having a bursting pressure not 
exceeding the minimum prescribed test pressure.
    (2) The cylinder's elastic expansion was determined at the time of 
the last test or retest by the water jacket method.
    (3) Either the average wall stress or the maximum wall stress does 
not exceed the wall stress limitation shown in the following table:

------------------------------------------------------------------------
                                           Average wall    Maximum wall
              Type of steel                   stress          stress
                                            limitation      limitation
------------------------------------------------------------------------
I. Plain carbon steels over 0.35 carbon           53,000          58,000
 and medium manganese steels............
II. Steels of analysis and heat                   67,000          73,000
 treatment specified in spec. 3AA.......
III. Steels of analysis and heat                  87,000          94,000
 treatment specified in spec. DOT-3T....
IV. Plain carbon steels less than 0.35            45,000          48,000
 carbon made prior to 1920..............
------------------------------------------------------------------------

    (i)(A) The average wall stress must be computed from the elastic 
expansion data using the following formula:


S = 1.7EE / KV-0.4P


Where:

S = wall stress, pounds per square inch;
EE = elastic expansion (total less permanent) in cubic centimeters;
K = factor  x  10-\7\ experimentally determined for the 
particular type of cylinder being tested or derived in accordance with 
CGA Pamphlet C-5;
V = internal volume in cubic centimeter (1 cubic inch = 16.387 cubic 
centimeters);

[[Page 51647]]

P = test pressure, pounds per square inch.

    (B) The formula in paragraph (b)(3)(i)(A) of this section is 
derived from the formula in paragraph (b)(3)(ii) of this section and 
the following:


EE = (PKVD2) / (D2-d2)

    (ii) The maximum wall stress must be computed from the formula:

S = (P(1.3D2 + 0.4d2)) / (D2-
d2)

Where:

S = wall stress, pounds per square inch;
P = test pressure, pounds per square inch;
D = outside diameter, inches;
d = D-2t, where t=minimum wall thickness determined by a suitable 
method.

    (iii) Compliance with average wall stress limitation may be 
determined by computing the elastic expansion rejection limit in 
accordance with CGA Pamphlet C-5 (incorporated by reference; see 
Sec. 171.7 of this subchapter), by reference to data tabulated in CGA 
Pamphlet C-5, or by the manufacturer's marked elastic expansion 
rejection limit (REE) on the cylinder.
    (4) An external and internal visual examination made at the time of 
test or retest shows the cylinder to be free from excessive corrosion, 
pitting, or dangerous defects.
    (5) A plus sign (+) is added following the test date marking on the 
cylinder to indicate compliance with paragraphs (b) (2), (b)(3), and 
(b)(4) of this section.
    (c) Carbon monoxide. Carbon monoxide must be offered in a DOT 3, 
3A, 3AX, 3AA, 3AAX, 3AL, 3E, or 3T cylinder having a minimum service 
pressure of 1800 psig. The pressure in a steel cylinder may not exceed 
1000 psig at 21 deg. C (70 deg. F), except that if the gas is dry and 
sulfur free, the cylinder may be filled to 5/6 of the cylinder's 
service pressure or 2000 psig, whichever is less. A DOT 3AL cylinder 
may be filled to its marked service pressure. A DOT 3AL cylinder is 
authorized only when transported by motor vehicle, rail car, or cargo-
only aircraft.
    (d) Diborane and diborane mixtures. Diborane and diborane mixed 
with compatible compressed gas must be offered in a DOT 3AA1800 
cylinder. The maximum filling density of the diborane may not exceed 7 
percent. Diborane mixed with compatible compressed gas may not have a 
pressure exceeding the service pressure of the cylinder if complete 
decomposition of the diborane occurs. Cylinder valve assemblies must be 
protected in accordance with Sec. 173.301(h).


Sec. 173.302b  [Reserved]

    28. Section 173.302b is added and reserved.

    29. Section 173.304 is revised to read as follows:


Sec. 173.304  Filling of cylinders with liquefied compressed gases.

    (a) General requirements. Liquefied compressed gases (except gas in 
solution) must be shipped in accordance with the requirements in this 
section and in Secs. 173.301, 173.301a, 173.304a, and 173.305.
    (1) A DOT 3AL cylinder may not be used for any material with a 
primary or subsidiary hazard of Class 8.
    (2) Shipments of Division 2.1 materials in aluminum cylinders are 
authorized only when transported by motor vehicle, rail car, or cargo-
only aircraft.
    (b) Filling limits. Except for carbon dioxide; 1,1-Difluoroethylene 
(R-1132A); nitrous oxide; and vinyl fluoride, inhibited, the liquid 
portion of a liquefied gas may not completely fill the packaging at any 
temperature up to and including 54 deg. C (130 deg. F). The liquid 
portion of vinyl fluoride, inhibited, may completely fill the cylinder 
at 54 deg. C (130 deg. F) provided the pressure at the critical 
temperature does not exceed 1.25 times the service pressure of the 
cylinder.
    (c) Mixture of compressed gas and other material. A mixture of 
compressed gas must be shipped in accordance with Sec. 173.305.
    (d) Refrigerant and dispersant gases. Nontoxic and nonflammable 
refrigerant or dispersant gases must be offered for transportation in 
cylinders prescribed in Sec. 173.304a, or in DOT 2P and 2Q containers 
(Secs. 178.33, 178.33a of this subchapter). DOT 2P and 2Q containers 
must be packaged in a strong wooden or fiberboard box of such design as 
to protect valves from damage or accidental functioning under 
conditions incident to transportation. Pressure in the inside metal 
containers may not exceed 87 psia at 21 deg. C (70 deg. F). Each 
completed metal container filled for shipment must be heated until its 
contents reach a minimum temperature of 54 deg. C (130 deg. F) without 
evidence of leakage, distortion, or other defect. Each outside package 
must be plainly marked ``INSIDE CONTAINERS COMPLY WITH PRESCRIBED 
SPECIFICATIONS''.
    (e) Engine starting fluid. Engine starting fluid containing a 
flammable compressed gas or gases must be shipped in a cylinder as 
prescribed in Sec. 173.304a or as follows:
    (1) Inside non-refillable metal containers having a capacity not 
greater than 500 mL (32 in \3\). The containers must be packaged in 
strong, tight outer packagings. The pressure in the container may not 
exceed 145 psia at 54 deg. C (130 deg. F). If the pressure exceeds 145 
psia at 54 deg. C (130 deg. F), a DOT 2P container must be used. In 
either case, the metal container must be capable of withstanding, 
without bursting, a pressure of 1.5 times the pressure of the contents 
at 54 deg. C (130 deg. F). The liquid content of the material and gas 
may not completely fill the container at 54 deg. C (130 deg. F). Each 
container filled for shipment must have been heated until its contents 
reach a minimum temperature of 54 deg. C (130 deg. F), without evidence 
of leakage, distortion, or other defect. Each outside shipping 
container must be plainly marked, ``INSIDE CONTAINERS COMPLY WITH 
PRESCRIBED SPECIFICATIONS''.
    (2) [Reserved]

    30. Section 173.304a is added to read as follows:


Sec. 173.304a  Additional requirements for shipment of liquefied 
compressed gases in specification cylinders.

    (a) Detailed filling requirements. Liquefied gases (except gas in 
solution) must be offered for transportation, subject to the 
requirements in this section and Secs. 173.301 and 173.304, in 
specification cylinders, as follows:
    (1) DOT 3, 3A, 3AA, 3AL, 3B, 3BN, 3E, 4B, 4BA, 4B240ET, 4BW, 4E, 
39, except that no DOT 4E or 39 packaging may be filled and shipped 
with a mixture containing a pyrophoric liquid, carbon bisulfide 
(disulfide), ethyl chloride, ethylene oxide, nickel carbonyl, spirits 
of nitroglycerin, or toxic material (Division 6.1 or 2.3), unless 
specifically authorized in this part.
    (2) For the gases named, the following requirements apply (for 
cryogenic liquids, see Sec. 173.316):

[[Page 51648]]



------------------------------------------------------------------------
                                                    Packagings marked as
                                                    shown in this column
                                                    or of the same type
                                Maximum permitted   with higher service
                                 filling density   pressure must be used
          Kind of gas             (percent) (see   except as provided in
                                     Note 1)           173.301(a)(1),
                                                    173.301(a)(4)  (see
                                                      notes following
                                                           table)
------------------------------------------------------------------------
Anhydrous ammonia.............  54...............  DOT-4; DOT-3A480; DOT-
                                                    3AA480; DOT-3A480X;
                                                    DOT-4A480; DOT-
                                                    4AA480; DOT-3; DOT-
                                                    3E1800; DOT-3AL480.
Bromotrifluoromethane (R-13B1   124..............  DOT-3A400; DOT-
 or H-1301).                                        3AA400; DOT-3B400;
                                                    DOT-4A400; DOT-
                                                    4AA480; DOT-4B400;
                                                    DOT-4BA400; DOT-
                                                    4BW400; DOT-3E1800;
                                                    DOT-39; DOT-3AL40.
Carbon dioxide (see Notes 4,    68...............  DOT-3A1800; DOT-
 7, and 8).                                         3AX1800; DOT-
                                                    3AA1800; DOT-
                                                    3AAX1800; DOT-3; DOT-
                                                    3E1800; DOT-3T1800;
                                                    DOT-3HT2000; DOT-39;
                                                    DOT-3AL1800.
Carbon dioxide, refrigerated    .................  DOT-4L.
 liquid (see paragraph (e) of
 this section).
Chlorine (see Note 2).........  125..............  DOT-3A480; DOT-
                                                    3AA480; DOT-3; DOT-
                                                    3BN480; DOT-3E1800.
Chlorodifluroethane or 1-       100..............  DOT-3A150; DOT-
 Chloro-1, 1-difluoroethane (R-                     3AA150; DOT-3B150;
 142b).                                             DOT-4B150; DOT-
                                                    4BA225; DOT-4BW225;
                                                    DOT-3E1800; DOT-39;
                                                    DOT-3AL150.
Chlorodifluoromethane (R-22)    105..............  DOT-3A240; DOT-
 (see Note 8).                                      3AA240; DOT-3B240;
                                                    DOT-4B240; DOT-
                                                    4BA240; DOT-4BW240;
                                                    DOT-4B240ET; DOT-
                                                    4E240; DOT-39; DOT-
                                                    41; DOT-3E1800; DOT-
                                                    3AL240.
Chloropentafluorethane (R-115)  110..............  DOT-3A225; DOT-
                                                    3AA225; DOT-3B225;
                                                    DOT-4A225; DOT-
                                                    4BA225; DOT-4B225;
                                                    DOT-4BW225; DOT-
                                                    3E1800; DOT-39; DOT-
                                                    3AL225.
Chlorotrifluoromethane (R-13)   100..............  DOT-3A1800; DOT-
 (see Note 8).                                      3AA1800; DOT-3; DOT-
                                                    3E1800; DOT-39; DOT-
                                                    3AL1800.
Cyclopropane (see Note 8).....  55...............  DOT-3A225; DOT-
                                                    3A480X; DOT-3AA225;
                                                    DOT-3B225; DOT-
                                                    4A225; DOT-4AA480;
                                                    DOT4B225; DOT-
                                                    4BA225; DOT-4BW225;
                                                    DOT-4B240ET; DOT-3;
                                                    DOT-3E1800; DOT-39;
                                                    DOT-3AL225.
Dichlorodifluoromethane (R-12)  119..............  DOT-3A225; DOT-
 (see Note 8).                                      3AA225; DOT-3B225;
                                                    DOT-4A225; DOT-
                                                    4B225; DOT-4BA225;
                                                    DOT-4BW225; DOT-
                                                    4B240ET; DOT-4E225;
                                                    DOT-9; DOT-39; DOT-
                                                    41; DOT-3E1800; DOT-
                                                    3AL225.
Dichlorodifluoromethane and     Not liquid full    DOT-3A240; DOT-
 difluoroethane mixture          at 130 deg.F.      3AA240; DOT-3B240;
 (constant boiling mixture) (R-                     DOT-3E1800; DOT-
 500) (see Note 8).                                 4A240; DOT-4B240;
                                                    DOT-4BA240; DOT-
                                                    4BW240; DOT-4E240;
                                                    DOT-9; DOT-39.
1,1-Difluoroethane (R-152a)     79...............  DOT-3A150; DOT-
 (see note 8).                                      3AA150; DOT-3B150;
                                                    DOT-4B150; DOT-
                                                    4BA225; DOT-4BW225;
                                                    DOT-3E1800; DOT-
                                                    3AL150.
1,1-Difluoroethylene (R-1132A)  73...............  DOT-3A2200; DOT-
                                                    3AA2200; DOT-
                                                    3AX2200; DOT-
                                                    3AAX2200; DOT-
                                                    3T2200; DOT-39.
Dimethylamine, anhydrous......  59...............  DOT-3A150; DOT-
                                                    3AA150; DOT-3B150;
                                                    DOT-4B150; DOT-
                                                    4BA225; DOT-4BW225;
                                                    ICC-3E1800.
Ethane (see Note 8)...........  35.8.............  DOT-3A1800; DOT-
                                                    3AX1800; DOT-
                                                    3AA1800; DOT-
                                                    3AAX1800; DOT-3; DOT-
                                                    3E1800; DOT-3T1800;
                                                    DOT-39; DOT-3AL1800.
Ethane (see Note 8)...........  36.8.............  DOT-3A2000; DOT-
                                                    3AX2000; DOT-
                                                    3AA2000; DOT-
                                                    3AAX2000; DOT-
                                                    3T2000; DOT-39; DOT-
                                                    3AL2000.
Ethylene (see Note 8).........  31.0.............  DOT-3A1800; DOT-
                                                    3AX1800; DOT-
                                                    3AA1800; DOT-
                                                    3AAX1800; DOT-3; DOT-
                                                    3E1800; DOT-3T1800;
                                                    DOT-39; DOT-3AL1800.
Ethylene (see Note 8).........  32.5.............  DOT-3A2000; DOT-
                                                    3AX2000; DOT-
                                                    3AA2000; DOT-
                                                    3AAX2000; DOT-
                                                    3T2000; DOT-39; DOT-
                                                    3AL2000.
Ethylene (see Note 8).........  35.5.............  DOT-3A2400; DOT-
                                                    3AX2400; DOT-
                                                    3AA2400; DOT-
                                                    3AAX2400; DOT-
                                                    3T2400; DOT-39; DOT-
                                                    3AL2400.
Hydrogen chloride, anhydrous..  65...............  DOT-3A1800; DOT-
                                                    3AA1800; DOT-
                                                    3AX1800; DOT-
                                                    3AAX1800; DOT-3; DOT-
                                                    3T1800; DOT-3E1800.
Hydrogen sulfide (see Note 10)  62.5.............  DOT-3A480; DOT-
                                                    3AA480; DOT-3B480;
                                                    DOT-4A480; DOT-
                                                    4B480; DOT-4BA480;
                                                    DOT-4BW480.; DOT-
                                                    3E1800; DOT-3AL480.
Insecticide, gases liquefied    Not liquid full    DOT-3A300; DOT-
 (see Notes 8 and 12).           at 130 deg.F.      3AA300; DOT-3B300;
                                                    DOT-4B300; DOT-
                                                    4BA300; DOT-4BW300;
                                                    DOT-9; DOT-40; DOT-
                                                    41; DOT-3E1800.
Liquefied nonflammable gases,   Not liquid full    Specification
 other than classified           at 130 deg.F.      packaging authorized
 flammable, corrosive, toxic &                      in paragraph (a)(1)
 mixtures or solution thereof                       of this section and
 filled w/nitrogen, carbon                          DOT-3HT; DOT 4D; DOT-
 dioxide, or air (see Notes 7                       4DA; DOT-4DS.
 and 8)..

[[Page 51649]]

 
Methyl acetylene-propadiene,    Not liquid at 130  DOT-4B240 without
 mixtures, stabilized DOT-       deg.F.             brazed seams; DOT-
 3A240; (see Note 5)..                              4BA240 without
                                                    brazed seams; DOT-
                                                    3A240; DOT-3AA240;
                                                    DOT-3B240; DOT-
                                                    3E1800; DOT-4BW240;
                                                    DOT-4E240; DOT-
                                                    4B240ET; DOT-4; DOT-
                                                    41; DOT-3AL240.
Methyl chloride...............  84...............  DOT-3A225; DOT-
                                                    3AA225; DOT-3B225;
                                                    DOT-4A225; DOT-
                                                    4B225; DOT-4BA225;
                                                    DOT-4BW225; DOT-3;
                                                    DOT-4; DOT-38; DOT-
                                                    3E1800; DOT-4B240ET.
                                                    Cylinders complying
                                                    with DOT-3A150; DOT-
                                                    3B150; DOT-4A150;
                                                    and DOT-4B150
                                                    manufactured prior
                                                    to Dec. 7, 1936 are
                                                    also authorized.
Methyl mercaptan..............  80...............  DOT-3A240; DOT-
                                                    3AA240; DOT-3B240;
                                                    DOT-4B240; DOT-
                                                    4B240ET; DOT-3E1800;
                                                    DOT-4BA240; DOT-
                                                    4BW240.
Nitrosyl chloride.............  110..............  DOT-3BN400 only.
Nitrous oxide (see Notes 7, 8,  68...............  DOT-3A1800; DOT-
 and 11).                                           3AX1800; DOT-
                                                    3AA1800; DOT-
                                                    3AAX1800; DOT-3; DOT-
                                                    3E1800; DOT-3T1800;
                                                    DOT-3HT2000; DOT-39;
                                                    DOT- 3AL1800.
Nitrous oxide, refrigerated     .................  DOT-4L.
 liquid (see paragraph (e) of
 this section.).
Refrigerant gas, n.o.s. or      Not liquid full    DOT-3A240; DOT-
 Dispersant gas, n.o.s. (see     at 130 deg.F.      3AA240; DOT-3B240;
 Notes 8 and 13).                                   DOT-3E1800; DOT-
                                                    4A240; DOT-4B240;
                                                    DOT-4BA240; DOT-
                                                    4BW240; DOT-4E240;
                                                    DOT-9; DOT-39; DOT-
                                                    3AL240.
Sulfur dioxide (see note 8)...  125..............  DOT-3A225; DOT-
                                                    3AA225; DOT-3B225;
                                                    DOT-4A225; DOT-
                                                    4B225; DOT-4BA225;
                                                    DOT-4BW225; DOT-
                                                    4B240ET; DOT-3; DOT-
                                                    4; DOT-38; DOT-39;
                                                    DOT-3E1800; DOT-
                                                    3AL225.
Sulfur hexafluoride...........  120..............  DOT-3A1000; DOT-
                                                    3AA1000; DOT-
                                                    AAX2400; DOT-3; DOT-
                                                    3AL1000; DOT-3E1800;
                                                    DOT-3T1800.
Sulfuryl fluoride.............  106..............  DOT-3A480; DOT-
                                                    3AA480; DOT-3E1800;
                                                    DOT-4B480; DOT-
                                                    4BA480; DOT-4BW480.
Tetrafluoroethylene/inhibit...  90...............  DOT-3A1200; DOT-
                                                    3AA1200; DOT-3E1800.
Trifluorochloroethylene,        115..............  DOT-3A300; DOT-
 inhibited.                                         3AA300; DOT-3B300;
                                                    DOT-4A300; DOT-
                                                    4B300; DOT-4BA300;
                                                    DOT-4BW300; DOT-
                                                    3E1800.
Trimethylamine, anhydrous.....  57...............  DOT-3A150; DOT-
                                                    3AA150; DOT-3B150;
                                                    DOT-4B150; DOT-
                                                    4BA225; DOT-4BW225;
                                                    DOT-3E1800.
Vinyl chloride (see Note 5)...  84...............  DOT-4B150 without
                                                    brazed seams; DOT-
                                                    4BA225 without
                                                    brazed seams; DOT-
                                                    4BW225; DOT-3A150;
                                                    DOT-3AA150; DOT-
                                                    3E1800; DOT-3AL150.
Vinyl fluoride, inhibited.....  62...............  DOT-3A1800; DOT-
                                                    3AA1800; DOT-3E1800;
                                                    DOT-3AL1800.
Vinyl methyl ether, inhibited   68...............  DOT-4B150, without
 (see Note 5).                                      brazed seams; DOT-
                                                    4BA225 without
                                                    brazed seams; DOT-
                                                    4BW225; DOT-3A150;
                                                    DOT-3AA150; DOT-
                                                    3B1800; DOT-3E1800.
------------------------------------------------------------------------
Note 1: ``Filling density'' means the percent ratio of the weight of gas
  in a packaging to the weight of water that the container will hold at
  16 deg. C (60 deg. F). (1 lb of water=27.737 in \3\ at 60 deg. F.).
Note 2: Cylinders purchased after Oct. 1, 1944, for the transportation
  of chlorine must contain no aperture other than that provided in the
  neck of the cylinder for attachment of a valve equipped with an
  approved pressure relief device. Cylinders purchased after Nov. 1,
  1935, and filled with chlorine may not contain over 68.04 kg (150 lb)
  of gas.
Note 3: [Reserved]
Note 4: Special carbon dioxide mining devices containing a heating
  element and filled with not over 2.72 kg (6 lb) of carbon dioxide may
  be filled to a density of not over 85 percent, provided the cylinder
  is made of steel with a calculated bursting pressure in excess of
  39000 psig, fitted with a frangible disc that will operate at not over
  57 percent of that pressure, and is able to withstand a drop of 10
  feet when striking crosswise on a steel rail while under a pressure of
  at least 3000 psig. Such devices must be shipped in strong boxes or
  must be wrapped in heavy burlap and bound by 12-gauge wire with the
  wire completely covered by friction tape. Wrapping must be applied so
  as not to interfere with the functioning of the frangible disc
  pressure relief device. Shipments must be described as ``liquefied
  carbon dioxide gas (mining device)'' and marked, labeled, and
  certified as prescribed for liquefied carbon dioxide.
Note 5: All parts of valve and pressure relief devices in contact with
  contents of cylinders must be of a metal or other material, suitably
  treated if necessary, that will not cause formation of any acetylides.
 
Note 6: [Reserved]
Note 7: Specification 3HT cylinders for aircraft use only, having a
  maximum service life of 24 years. Authorized only for nonflammable
  gases. Cylinders must be equipped with pressure relief devices of the
  frangible disc type that meet the requirements of Sec.  173.301(f).
  Each frangible disc must have a rated bursting pressure that does not
  exceed 90 percent of the minimum required test pressure of the
  cylinder. Discs with fusible metal backing are not permitted.
  Cylinders may be shipped only when packed in strong outside
  packagings.
Note 8: See Sec.  173.301(a)(8).
Note 9: [Reserved]
Note 10: Each valve outlet must be sealed by a threaded cap or a
  threaded solid plug.
Note 11: Must meet the valve and cleaning requirements in Sec.
  173.302(b).
Note 12: For an insecticide gas that is nontoxic and nonflammable, see
  Sec.  173.305(c).
Note 13: For a refrigerant or dispersant gas that is nontoxic and
  nonflammable, see Sec.  173.304(d).


[[Page 51650]]

    (b) [Reserved]
    (c) Verification of content in cylinder. Except as noted in 
paragraph (d)(4) of this section, the amount of liquefied gas filled 
into a cylinder must be by weight or, when the gas is lower in pressure 
than required for liquefaction, a pressure-temperature chart for the 
specific gas may be used to ensure that the service pressure at 54 deg. 
C (130 deg. F) will not exceed 5/4 of the service pressure at 21 deg. C 
(70 deg. F). The weight of liquefied gas filled into the cylinder also 
must be checked, after disconnecting the cylinder from the filling 
line, by the use of an accurate scale.
    (d) Requirements for liquefied petroleum gas. (1) Filling density 
limits are as follows:

------------------------------------------------------------------------
                                        Maximum the filling density in
 Minimum specific gravity of liquid       percent of the water-weight
        material at 60 deg. F              capacity of the cylinder
------------------------------------------------------------------------
0.271 to 0.289......................  26
0.290 to 0.306......................  27
0.307 to 0.322......................  28
0.323 to 0.338......................  29
0.339 to 0.354......................  30
0.355 to 0.371......................  31
0.372 to 0.398......................  32
0.399 to 0.425......................  33
0.426 to 0.440......................  34
0.441 to 0.452......................  35
0.453 to 0.462......................  36
0.463 to 0.472......................  37
0.473 to 0.480......................  38
0.481 to 0.488......................  39
0.489 to 0.495......................  40
0.496 to 0.503......................  41
0.504 to 0.510......................  42
0.511 to 0.519......................  43
0.520 to 0.527......................  44
0.528 to 0.536......................  45
0.537 to 0.544......................  46
0.545 to 0.552......................  47
0.553 to 0.560......................  48
0.561 to 0.568......................  49
0.569 to 0.576......................  50
0.577 to 0.584......................  51
0.585 to 0.592......................  52
0.593 to 0.600......................  53
0.601 to 0.608......................  54
0.609 to 0.617......................  55
0.618 to 0.626......................  56
0.627 to 0.634......................  57
------------------------------------------------------------------------

    (2) Subject to Sec. 173.301a(d), any filling density percentage 
prescribed in this section is authorized to be increased by a factor of 
2 for liquefied petroleum gas in DOT 3 cylinders or in DOT 3A cylinders 
marked for 1800 psig, or higher, service pressure.
    (3) Liquefied petroleum gas must be shipped in specification 
cylinders as follows:
    (i) DOT 3, 3A, 3AA, 3B, 3E, 3AL, 4B, 4BA, 4B240ET, 4BW, 4E, or 39 
cylinders. Shipments of flammable gases in DOT 3AL cylinders are 
authorized only when transported by motor vehicle, rail car, or cargo-
only aircraft.
    (ii) Additional containers may be used within the limits of 
quantity and pressure as follows:

------------------------------------------------------------------------
                                     Maximum
                                     capacity   Maximum filling pressure
        Type of container             (cubic              (psig)
                                     inches)
------------------------------------------------------------------------
DOT-2P or DOT-2Q (see Note 1)....        31.83  45 psig at 70 deg. F and
                                                 105 psig at 130 deg. F
                                                 (see Note 2).
DOT-2P or DOT-2Q (see Note 1)....        31.83  35 psig at 70 deg. F and
                                                 100 psig at 130 deg. F.
------------------------------------------------------------------------
Note 1: Containers must be packed in strong wooden or fiber boxes of
  such design as to protect valves from damage or accidental functioning
  under conditions normally incident to transportation. Each completed
  container filled for shipment must have been heated until its contents
  reach a temperature of 54 deg. C (130 deg. F), without evidence of
  leakage, distortion, or other defect. Each outside shipping container
  must be plainly marked ``INSIDE CONTAINERS COMPLY WITH PRESCRIBED
  SPECIFICATIONS'.
Note 2: A container must be equipped with a pressure relief device that
  will prevent rupture of the container and dangerous projection of a
  closing device when exposed to fire.

    (4) Verification of content. A cylinder with a water capacity of 
90.72 kg (200 lb) or more and for use with a liquefied petroleum gas 
with a specific gravity of 9.504 or greater at 16 deg. C (60 deg. F) 
may have the quantity of its contents determined by using a fixed 
length dip tube gauging device. The length of the dip tube must 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 filled into the 
container, the liquid just reaches the bottom of the tube. The weight 
of this liquid may not exceed 42 percent of the water capacity of the 
container, which must be stamped on the cylinder. The length of the dip 
tube, expressed in inches carried out to one decimal place and prefixed 
with the letters ``DT'', must be stamped on the container and on the 
exterior of removable type dip tube. For the purpose of this 
requirement, the marked length must 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 must be checked when 
installed by weighing each container after filling except when 
installed in groups of substantially identical containers, in which 
case one of each 25 containers must be weighed. The quantity of 
liquefied gas in each container must be checked by means of the dip 
tube after disconnecting from the filling line. The outlet from the dip 
tube may not be larger than 0.1016 centimeters (0.040 inch; No. 54 
drill bit size orifice). A container representative of each day's 
filling at each filling plant must have its contents checked by 
weighing after disconnecting from the filling line.
    (e) Carbon dioxide, refrigerated liquid or nitrous oxide, 
refrigerated liquid. (1) The following provisions apply to carbon 
dioxide, refrigerated liquid, and nitrous oxide, refrigerated liquid:
    (i) DOT 4L cylinders conforming to the provisions of this paragraph 
are authorized.
    (ii) Each cylinder must be protected with at least one pressure 
relief device and at least one frangible disc conforming to 
Sec. 173.301(f) and paragraph (a)(2) of this section. The relieving 
capacity of the pressure relief device system must be equal to or 
greater than that calculated by the applicable formula in paragraph 5.9 
of CGA Pamphlet S-1.1 (incorporated by reference; see Sec. 171.7 of 
this subchapter).
    (iii) The temperature and pressure of the gas at the time the 
shipment is offered for transportation may not exceed -18  deg. C (0 
deg. F) and 290 psig for carbon dioxide and -15.6  deg. C (+4  deg. F) 
and 290 psig for nitrous oxide. Maximum time in transit may not exceed 
120 hours.
    (2) The following pressure relief device settings, design service 
temperatures and filling densities apply:

[[Page 51651]]



----------------------------------------------------------------------------------------------------------------
                                                  Maximum permitted filling density  (percent by weight)
 Pressure relief device setting maximum  -----------------------------------------------------------------------
  start--to discharge gauge pressure in      Carbon dioxide, refrigerated
                  psig                                  liquid                Nitrous oxide, refrigerated liquid
----------------------------------------------------------------------------------------------------------------
105 psig................................  108                                 104
170 psig................................  105                                 101
230 psig................................  104                                 99
295 psig................................  102                                 97
360 psig................................  100                                 95
450 psig................................  98                                  83
540 psig................................  92                                  87
625 psig................................  86                                  80
Design service temperature  deg. C( deg.  -196  deg. C(-320  deg.F)           -196  deg. C(-320  deg.F)
 F).
----------------------------------------------------------------------------------------------------------------

Sec. 173.304b  [Reserved]

    31. Section 173.304b is added and reserved.
    32. In Sec. 173.305, the parenthetical phrase in paragraph (b) is 
revised to read as follows:


Sec. 173.305  Charging of cylinders with a mixture of compressed gas 
and other material.

* * * * *
    (b) Filling limits. (See Sec. 173.301.) * * *
* * * * *

    33. In Sec. 173.306, paragraph (g)(5) is revised to read as 
follows:


Sec. 173.306  Limited quantities of compressed gases.

* * * * *
    (g) * * *
    (5) Each tank must be overpacked in a strong outside container in 
accordance with Sec. 173.301(a)(8).
* * * * *

    34. In Sec. 173.315, in paragraph (a), in Note 2 following the 
table, the reference ``Sec. 173.301(d)'' is revised to read ``paragraph 
(q) of this section'', and paragraph (q) is added to read as follows:


Sec. 173.315  Compressed gases in cargo tanks and portable tanks.

* * * * *
    (q) Manifolding is authorized for cargo tanks containing anhydrous 
ammonia provided each individual cargo tank is equipped with a pressure 
relief device or valves and gauging devices as required by paragraphs 
(h) and (i) of this section. Each valve must be tightly closed while 
the cargo tank is in transit. Each cargo tank must be filled 
separately.

    35. Section 173.334 is revised to read as follows:


Sec. 173.334  Organic phosphates mixed with compressed gas.

    Hexaethyl tetraphosphate, parathion, tetraethyl dithio 
pyrophosphate, tetraethyl pyrophosphate, or other Division 6.1 organic 
phosphates (including a compound or mixture), may be mixed with a non-
flammable compressed gas. This mixture may not contain more than 20 
percent by weight of organic phosphate and must be packaged in DOT 
3A240, 3AA240, 3B240, 4A240, 4B240, 4BA240, or 4BW240 cylinders meeting 
all of the following requirements:
    (a) Each cylinder may be filled with not more than 5 kg (11.0 lb) 
of the mixture, to a maximum filling density of not more than 80 
percent of the water capacity.
    (b) No cylinder may be equipped with an education tube or a fusible 
plug.
    (c) No cylinder may be equipped with any valve unless the valve is 
a type approved by the Associate Administrator.
    (d) Cylinders must be overpacked in a box, crate, or other strong 
outside packaging conforming to the requirements of Sec. 173.25 and 
arranged to protect each valve or other closing device from damage. 
Except as provided in paragraph (e) of this section, no more than four 
cylinders may be packed in a strong outside packaging. Each strong 
outside packaging with its closing device protection must be 
sufficiently strong to protect all parts of each cylinder from 
deformation or leakage if the completed package is dropped 1.8 m (6 
feet) onto a non-yielding surface, such as concrete or steel, impacting 
at the packaging's weakest point.
    (e) Cylinders may be packed in strong wooden boxes with valves or 
other closing devices protected from damage, with not more than twelve 
cylinders in one outside wooden box. An outer fiberboard box may be 
used when not more than four such cylinders are to be shipped in one 
packaging. Valves must be adequately protected. Box and valve 
protection must be of sufficient strength to protect all parts of inner 
packagings and valves from deformation or breakage resulting from a 
drop of at least 1.8 m (6 feet) onto a non-yielding surface, such as 
concrete or steel, impacting at the weakest point.

    36. Section 173.336 is revised to read as follows:


Sec. 173.336  Nitrogen dioxide, liquefied, or dinitrogen tetroxide, 
liquefied.

    Nitrogen dioxide, liquefied, or dinitrogen tetroxide, liquefied, 
must be packaged in specification cylinders as prescribed in 
Sec. 173.192. Specification cylinders prescribed in Sec. 173.192 with 
valve removed are authorized. Each valve opening must be closed by 
means of a solid metal plug with tapered thread properly luted to 
prevent leakage. Transportation in DOT 3AL cylinders is authorized only 
by highway or rail. Each cylinder must be cleaned in compliance with 
the requirements of Federal Specification RR-C-901C, paragraphs 3.3.1 
and 3.3.2 (incorporated by reference; see Sec. 171.7 of this 
subchapter). Cleaning agents equivalent to those specified in RR-C-901C 
may be used; however, any cleaning agent must not be capable of 
reacting with oxygen. One cylinder selected at random from a group of 
200 or fewer and cleaned at the same time must be tested for oil 
contamination in accordance with Specification RR-C-901C, paragraphs 
4.4.2.2 (incorporated by reference; see Sec. 171.7 of this subchapter) 
and meet the standard of cleanliness specified therein.

    37. Section 173.337 is revised to read as follows:


Sec. 173.337  Nitric oxide.

    Nitric oxide must be packed in DOT 3A1800, 3AA1800, 3E1800, or 
3AL1800 cylinders conforming to the requirements of Sec. 173.40. 
Cylinders must be equipped with a stainless steel valve and valve seat 
that will not deteriorate if in contact with nitric oxide or nitrogen 
dioxide. Cylinders or valves may not be equipped with pressure relief 
devices of any type. In addition--
    (a) Transportation in DOT 3AL or 3ALM cylinders is authorized only 
by highway or rail.

[[Page 51652]]

    (b) Each cylinder must be cleaned in compliance with the 
requirements of Federal Specification RR-C-901C, paragraphs 3.3.1 and 
3.3.2 (incorporated by reference; see Sec. 171.7 of this subchapter). 
Cleaning agents equivalent to those specified in Federal Specification 
RR-C-901C may be used; however, any cleaning agent must not be capable 
of reacting with oxygen. One cylinder selected at random from a group 
of 200 or fewer and cleaned at the same time must be tested for oil 
contamination in accordance with Federal Specification RR-C-901C 
paragraph 4.4.2.2 (incorporated by reference; see Sec. 171.7 of this 
subchapter) and meet the standard of cleanliness specified therein.

PART 177 --CARRIAGE BY PUBLIC HIGHWAY

    38. The authority citation for part 177 continues to read as 
follows:

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


    39. In Sec. 177.840, paragraph (a)(1) is revised to read as 
follows:


Sec. 177.840  Class 2 (gases) materials.

* * * * *
    (a) * * *
    (1) Cylinders. Cylinders containing Class 2 (gases) materials must 
be securely restrained in an upright position, loaded in racks, or 
packed in boxes or crates and securely attached to the motor vehicle to 
prevent the cylinders from being shifted, overturned or ejected from 
the vehicle under normal transportation conditions. A cylinder 
containing a Class 2 material may be loaded in a horizontal position 
when the cylinder is designed so that the inlet port to the relief 
channel of the pressure relief device is located in the vapor space of 
the cylinder.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

    40. The authority citation for part 178 continues to read as 
follows:

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


    41. In Sec. 178.35, paragraphs (b) introductory text, (b)(1), 
(c)(3)(iv), (d), (e), and (f)(3) are revised to read as follows:


Sec. 178.35  General requirements for specification cylinders.

* * * * *
    (b) Inspections and analyses. Chemical analyses and tests required 
by this subchapter must be made within the United States, unless 
otherwise approved in writing by the Associate Administrator, in 
accordance with subpart I of part 107 of this chapter. Inspections and 
verification must be performed by--
    (1) An independent inspection agency approved in writing by the 
Associate Administrator, in accordance with subpart I of part 107 of 
this chapter; or
* * * * *
    (c) * * *
    (3) * * *
    (iv) Obtaining samples for all tests and check chemical analyses 
(Note: Recommended locations for test specimens taken from welded 
cylinders are depicted in Figures 1 through 5 in Appendix C to this 
subpart for the specific construction design.);
* * * * *
    (d) Defects and attachments. Cylinders must conform to the 
following:
    (1) A cylinder may not be constructed of material with seams, 
cracks or laminations, or other injurious defects.
    (2) Metal attachments to cylinders must have rounded or chamfered 
corners or must be protected in such a manner as to prevent the 
likelihood of causing puncture or damage to other hazardous materials 
packages. This requirement applies to anything temporarily or 
permanently attached to the cylinder, such as metal skids.
    (e) Safety devices. Pressure relief devices and protection for 
valves, safety devices, and other connections, if applied, must be as 
required or authorized by the appropriate specification, and as 
required in Sec. 173.301 of this subchapter.
    (f) * * *
    (3) Marking exceptions. A DOT 3E cylinder is not required to be 
marked with an inspector's mark or a serial number.
* * * * *


Sec. 178.36  [Amended]

    42. In Sec. 178.36, in paragraph (k)(3)(i), the wording ``ASTM 
Standard E8'' is revised to read ``ASTM E 8 (incorporated by reference; 
see Sec. 171.7 of this subchapter)''.


Sec. 178.37  [Amended]

    43. In Sec. 178.37, in paragraph (k)(3)(i), the wording ``ASTM 
Standard E8'' is revised to read ``ASTM E 8 (incorporated by reference; 
see Sec. 171.7 of this subchapter)''.


Sec. 178.38  [Amended]

    44. In Sec. 178.38, in paragraph (k)(3)(i), the wording ``ASTM 
Standard E8'' is revised to read ``ASTM E 8 (incorporated by reference; 
see Sec. 171.7 of this subchapter)''.


Sec. 178.39  [Amended]

    45. In Sec. 178.39, in paragraph (k)(3)(i), the wording ``ASTM 
Standard E8'' is revised to read ``ASTM E 8 (incorporated by reference; 
see Sec. 171.7 of this subchapter)''.


Sec. 178.44  [Amended]

    46. In Sec. 178.44, in paragraph (m)(3)(i), the wording ``ASTM 
Standard E8'' is revised to read ``ASTM E 8 (incorporated by reference; 
see Sec. 171.7 of this subchapter)''.

    47. In Sec. 178.45, paragraphs (h) and (j)(3)(i) are revised to 
read as follows:


Sec. 178.45  Specification 3T seamless steel cylinder.

* * * * *
    (h) Ultrasonic examination. After the hydrostatic test, the 
cylindrical section of each vessel must be examined in accordance with 
ASTM Standard E 213 (incorporated by reference; see Sec. 171.7 of this 
subchapter). The equipment used must be calibrated to detect a notch 
equal to five percent of the design minimum wall thickness. Any 
discontinuity indication greater than that produced by the five percent 
notch must be cause for rejection of the cylinder, unless the 
discontinuity is repaired within the requirements of this 
specification.
* * * * *
    (j) Basic conditions for acceptable physical testing. * * *
    (3) * * *
    (i) This yield strength must be determined by the ``offset'' method 
or the ``extension under load'' method described in ASTM E 8 
(incorporated by reference; see Sec. 171.7 of this subchapter).
* * * * *

    48. In Sec. 178.46, in paragraph (b)(4), in Table 2, the entry 
``6351-T6'' is removed, and Table 1 is revised to read as follows:


Sec. 178.46  Specification 3AL seamless aluminum cylinders.

* * * * *
    (b) * * *
    (4) * * *

[[Page 51653]]



                             Table 1.--Heat or Cast Analysis for Aluminum; Similar to ``Aluminum Association''\1\ Alloy 6061
                                                        [CHEMICAL ANALYSIS IN WEIGHT PERCENT\2\]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Other
 Si  min/              Cu  min/              Mg  min/                                                          ----------------------
   max      Fe  max      max      Mn  max      max     Cr  min/max   Zn  max    Ti  max    Pb  max    Bi  max                total            A1
                                                                                                                each  max     max
--------------------------------------------------------------------------------------------------------------------------------------------------------
 0.4/0.8        0.7   0.15/0.4       0.15    0.8/1.2    0.04/0.35       0.25       0.15      0.005      0.005       0.05       0.15   Bal.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The ``Aluminum Association'' refers to ``Aluminum Standards and Data 1993'', published by the Aluminum Association Inc.
\2\ Except for ``Pb'' and ``Bi'', the chemical composition corresponds with that of Table 1 of ASTM B221 for Aluminum Association alloy 6061.

* * * * *


Sec. 178.47  [Amended]

    49. In Sec. 178.47, in the fourth sentence of paragraph (d), the 
wording ``CGA Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 
(incorporated by reference; see Sec. 171.7 of this subchapter)''.


Sec. 178.50  [Amended]

    50. In Sec. 178.50, the following changes are made:
    a. In paragraph (d) introductory text, in the fifth sentence, the 
wording ``CGA Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 
(incorporated by reference; see Sec. 171.7 of this subchapter)''.
    b. In paragraph (k)(3)(i), the wording ``ASTM Standard E8'' is 
revised to read ``ASTM E 8 (incorporated by reference; see Sec. 171.7 
of this subchapter)''.


Sec. 178.51  [Amended]

    51. In Sec. 178.51, the following changes are made:
    a. In paragraph (d)(2), the wording ``CGA Pamphlet C-3'' is revised 
to read ``CGA Pamphlet C-3 (incorporated by reference; see Sec. 171.7 
of this subchapter)''.
    b. In paragraph (j)(3)(i), the wording ``ASTM Standard E8'' is 
revised to read ``ASTM E 8 (incorporated by reference; see Sec. 171.7 
of this subchapter)''.
    c. In paragraph (l)(1), in the fourth sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    d. In paragraph (l)(2), in the last sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    e. In paragraph (l)(3), in the first sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.


Sec. 178.53  [Amended]

    52. In Sec. 178.53, the following changes are made:
    a. In paragraph (d), in the last sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    b. In paragraph (j)(5)(i), the wording ``ASTM Standard E8'' is 
revised to read ``ASTM E 8 (incorporated by reference; see Sec. 171.7 
of this subchapter)''.


Sec. 178.55  [Amended]

    53. In Sec. 178.55, in paragraph (k)(3)(i), the wording ``ASTM 
Standard E8'' is revised to read ``ASTM E 8 (incorporated by reference; 
see Sec. 171.7 of this subchapter)''.


Sec. 178.56  [Amended]

    54. In Sec. 178.56, the following changes are made:
    a. In paragraph (j)(3)(i), the wording ``ASTM Standard E8'' is 
revised to read ``ASTM E 8 (incorporated by reference; see Sec. 171.7 
of this subchapter)''.
    b. In paragraph (l)(1), in the fourth sentence the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    c. In paragraph (l)(2), in the last sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    d. In paragraph (l)(3), in the first sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.

    55. In Sec. 178.57, the first sentence in paragraph (d)(5), the 
first sentence in paragraph (e)(3), paragraph (j)(3)(i), the fourth 
sentence in paragraph (l)(1), the last sentence in paragraph (l)(2), 
the first sentence in paragraph (l)(3), the first sentence in paragraph 
(l)(4)(v), the second sentence in paragraph (l)(4)(vi), paragraph 
(m)(1), and the first sentence in paragraph (o)(1) are revised to read 
as follows:


Sec. 178.57  Specification 4L welded insulated cylinders.

* * * * *
    (d) * * *
    (5) Welding procedures and operations must be qualified in 
accordance with CGA Pamphlet C-3 (incorporated by reference; see 
Sec. 171.7 of this subchapter). * * *
    (e) * * *
    (3) For welding the cylinder, each procedure and operator must be 
qualified in accordance with the sections of CGA Pamphlet C-3 
(incorporated by reference; see Sec. 171.7 of this subchapter) that 
apply. * * *
* * * * *
    (j) *   *
    (3) * * *
    (i) The yield strength must be determined by either the ``offset'' 
method or the ``extension under load'' method as prescribed in ASTM E 8 
(incorporated by reference; see Sec. 171.7 of this subchapter).
* * * * *
    (l) * * *
    (1) Tensile test. * * * The specimen must be taken across the major 
seam and must be prepared in accordance with and must meet the 
requirements of CGA Pamphlet C-3 (incorporated by reference; see 
Sec. 171.7 of this subchapter). * * *
    (2) Guided bend test. * * *  Specimens must be taken across the 
particular seam being tested and must be prepared and tested in 
accordance with and must meet the requirements of CGA Pamphlet C-3 
(incorporated by reference; see Sec. 171.7 of this subchapter).
    (3) Alternate guided-bend test. This test may be used and must be 
as specified in CGA Pamphlet C-3 (incorporated by reference; see 
Sec. 171.7 of this subchapter). * * *
    (4) Impact tests. * * *
    (v) All impact test specimens must be of the charpy type, keyhole 
or milled U-notch, and must conform in all respects to ASTM E 23 
(incorporated by reference; see Sec. 171.7 of this subchapter). * * *
    (vi) * * * The apparatus for testing the specimens must conform to 
requirements of ASTM Standard E 23 (incorporated by reference; see 
Sec. 171.7 of this subchapter). * * *
* * * * *
    (m) Radiographic examination. * * *

[[Page 51654]]

    (1) The techniques and acceptability of radiographic inspection 
must conform to the standards set forth in CGA Pamphlet C-3 
(incorporated by reference; see Sec. 171.7 of this subchapter).
* * * * *
    (o) * * *
    (1) Inner containment vessel (cylinder). Electric furnace steel of 
uniform quality must be used. Chemical analysis must conform to ASTM A 
240/A 240M (incorporated by reference; see Sec. 171.7 of this 
subchapter), Type 304 stainless steel. * * *
* * * * *


Sec. 178.58  [Amended]

    56. In Sec. 178.58, the following changes are made:
    a. In paragraph (d)(1), in the last sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    b. In paragraph (m)(5)(i), the wording ``ASTM Standard E8'' is 
revised to read ``ASTM E 8 (incorporated by reference; see Sec. 171.7 
of this subchapter)''.


Sec. 178.59  [Amended]

    57. In Sec. 178.59, the following changes are made:
    a. In paragraph (d), in the last sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    b. In paragraph (j)(3)(i), the wording ``ASTM Standard E8'' is 
revised to read ``ASTM E 8 (incorporated by reference; see Sec. 171.7 
of this subchapter)''.


Sec. 178.60  [Amended]

    58. In Sec. 178.60, the following changes are made:
    a. In paragraph (d), in the last sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    b. In paragraph (l)(3)(i), the wording ``ASTM Standard E8'' is 
revised to read ``ASTM E 8 (incorporated by reference; see Sec. 171.7 
of this subchapter)''.
    c. In paragraph (n)(1), in the second sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    d. In paragraph (n)(2), in the last sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    e. In paragraph (n)(3), in the first sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.


Sec. 178.61  [Amended]

    59. In Sec. 178.61, the following changes are made:
    a. In paragraph (d)(4), the wording ``CGA Pamphlet C-3'' is revised 
to read ``CGA Pamphlet C-3 (incorporated by reference; see Sec. 171.7 
of this subchapter)''.
    b. In paragraph (j)(3)(i), the wording ``ASTM Standard E8'' is 
revised to read ``ASTM E 8 (incorporated by reference; see Sec. 171.7 
of this subchapter)''.
    c. In paragraph (l)(1), in the last sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    d. In paragraph (l)(2), in the last sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    e. In paragraph (l)(3), in the first sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.
    f. In paragraph (m)(1), in the first sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.


Sec. 178.65  [Amended]

    60. In Sec. 178.65, in paragraph (c)(4), the wording ``CGA Pamphlet 
C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by reference; 
see Sec. 171.7 of this subchapter)''.


Sec. 178.68  [Amended]

    61. In Sec. 178.68, the following changes are made:
    a. In paragraph (j)(3)(i), the wording ``ASTM Standard E8'' is 
revised to read ``ASTM E 8 (incorporated by reference; see Sec. 171.7 
of this subchapter)''.
    b. In paragraph (l)(2), in the third sentence, the wording ``CGA 
Pamphlet C-3'' is revised to read ``CGA Pamphlet C-3 (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.

    62. Appendix A is added to subpart C of part 178, to read as 
follows:

Appendix A to Subpart C of Part 178--Illustrations: Cylinder 
Tensile Sample

    The following figures illustrate the recommended locations for test 
specimens taken from welded cylinders:

BILLING CODE 4910-60-P

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BILLING CODE 4910-60-C

[[Page 51660]]

Sec. 178.358-5  [Amended]

    63. In Sec. 178.358-5, in paragraph (c), the wording ``ASTM A-240, 
Type 304L'' is revised to read ``ASTM A 240/A 240M (incorporated by 
reference; see Sec. 171.1 of this subchapter), Type 304L''.

PART 179--SPECIFICATIONS FOR TANK CARS

    64. The authority citation for part 179 continues to read as 
follows:

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


Sec. 179.100-7  [Amended]

    65. In Sec. 179.100-7, in the table in paragraph (c)(1), the 
wording ``ASTM A240,'' is revised to read ``ASTM A 240/A 240M 
(incorporated by reference; see Sec. 171.7 of this subchapter),'' each 
time it appears.


Sec. 179.100-10  [Amended]

    66. In Sec. 179.100-10, in paragraph (c), the wording ``ASTM A 
240'' is revised to read ``ASTM A 240/A 240M (incorporated by 
reference; see Sec. 171.7 of this subchapter)''.


Sec. 179.102-1  [Amended]

    67. In Sec. 179.102-1, in paragraph (a)(1), in the last sentence, 
the wording ``ASTM Specification A 240'' is revised to read ``ASTM A 
240/A 240M (incorporated by reference; see Sec. 171.7 of this 
subchapter)''.


Sec. 179.102-4  [Amended]

    68. In Sec. 179.102-4, in paragraph (a)(1), the wording ``ASTM 
Specification A240'' is revised to read ``ASTM A 240/A 240M 
(incorporated by reference; see Sec. 171.7 of this subchapter)''.


Sec. 179.102-17  [Amended]

    69. In Sec. 179.102-17, in paragraph (b)(1), the wording ``ASTM 
Specification A240'' is revised to read ``ASTM A 240/A 240M 
(incorporated by reference; see Sec. 171.7 of this subchapter)''.


Sec. 179.200-7  [Amended]

    70. In Sec. 179.200-7, in the table in paragraph (d), the wording 
``ASTM A 240'' is revised to read ``ASTM A 240/A 240M (incorporated by 
reference; see Sec. 171.7 of this subchapter)'' each time it appears.


Sec. 179.201-5  [Amended]

    71. In Sec. 179.201-5, the following revisions are made:
    a. In paragraph (a), the wording ``ASTM Specification A 240'' is 
revised to read ``ASTM A 240/A 240M (incorporated by reference; see 
Sec. 171.7 of this subchapter)'' each time it appears.
    b. In paragraph (b), the wording ``ASTM Specification A 240'' is 
revised to read ``ASTM A 240/A 240M (incorporated by reference; see 
Sec. 171.7 of this subchapter)''.


Sec. 179.220-7  [Amended]

    72. In Sec. 179.220-7, in the table in paragraph (d), the wording 
``ASTM A 240,'' is revised to read ``ASTM A 240/A 240M (incorporated by 
reference; see Sec. 171.7 of this subchapter),'' each time it appears.


Sec. 179.400-5  [Amended]

    73. In Sec. 179.400-5, in paragraph (a) introductory text, the 
wording ``ASTM Specification A240,'' is revised to read ``ASTM A 240/A 
240M (incorporated by reference; see Sec. 171.7 of this subchapter)''.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

    74. The authority citation for part 180 continues to read as 
follows:

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


    75. Subpart C is added to part 180 to read as follows:

Subpart C--Qualification, Maintenance and Use of Cylinders

Sec.
180.201   Applicability.
180.203   Definitions.
180.205   General requirements for requalification of cylinders.
180.207   [Reserved]
180.209   Requirements for requalification of specification 
cylinders.
180.211   Repair, rebuilding and reheat treatment of DOT-4 series 
specification cylinders.
180.213   Requalification markings.
180.215   Reporting and record retention requirements.

Subpart C--Qualification, Maintenance and Use of Cylinders


Sec. 180.201  Applicability.

    This subpart prescribes requirements, in addition to those 
contained in parts 107, 171, 172, 173, and 178 of this chapter, 
applicable to any person responsible for the continuing qualification, 
maintenance, or periodic requalification of DOT specification and 
exemption cylinders.


Sec. 180.203  Definitions.

    In addition to the definitions contained in Sec. 171.8 of this 
subchapter, the following definitions apply to this subpart:
    Commercially free of corrosive components means a hazardous 
material having a dew point at or below minus 46.7 deg. C (minus 
52 deg. F) at 101kPa (1 atmosphere) and free of components that will 
adversely react with the cylinder (e.g. chemical stress corrosion).
    Condemn means a determination that a cylinder is unserviceable for 
the continued transportation of hazardous materials in commerce and 
that the cylinder may not be restored by repair, rebuilding, 
requalification, or any other procedure.
    Defect means an imperfection requiring removal of a cylinder from 
service.
    Elastic expansion means a temporary increase in a cylinder's 
volume, due to application of pressure, that is lost when pressure is 
released (elastic expansion = total expansion minus permanent 
expansion).
    Filled or charged means an introduction or presence of a hazardous 
material in a cylinder.
    Non-corrosive service means a hazardous material that, in the 
presence of moisture, is not corrosive to the materials of construction 
of a cylinder (including valve, pressure relief device, etc.).
    Over-heated means a condition in which the temperature of any 
portion of an aluminum cylinder has reached 176 deg. C (350 deg. F) or 
higher, or in which the temperature of any portion of a steel or nickel 
cylinder has reached 343 deg. C (650 deg. F) or higher.
    Permanent expansion means a permanent increase in a cylinder's 
volume after the test pressure is released.
    Proof pressure test means a pressure test by interior 
pressurization without the determination of a cylinder's expansion.
    Rebuild means the replacement of a pressure part (e.g. a wall, 
head, or pressure fitting) by welding.
    Rejected cylinder means a cylinder that cannot be used for the 
transportation of a hazardous material in commerce without repair, 
rebuilding, and requalification.
    Repair means a procedure for correction of a rejected cylinder that 
may involve welding.
    Requalification means the completion of a visual inspection and/or 
the test(s) required to be performed on a cylinder to determine its 
suitability for continued service.
    Requalification identification number or RIN means a code assigned 
by DOT to uniquely identify a cylinder requalification, repair, or 
rebuilding facility.
    Test pressure means the pressure used for the requalification of a 
cylinder.

[[Page 51661]]

    Total expansion means the total increase in a cylinder's volume due 
to application of the test pressure.
    Visual inspection means an internal or external visual examination, 
or both, performed as part of the cylinder requalification process.
    Volumetric expansion test means a pressure test to determine the 
total and permanent expansion of a cylinder at a given pressure. The 
volumetric expansion test is conducted using the water jacket or direct 
expansion methods:
    (1) Water jacket method means a volumetric expansion test to 
determine a cylinder's total and permanent expansion by measuring the 
difference between the volume of water the cylinder externally 
displaces at test pressure and the volume of water the cylinder 
externally displaces at ambient pressure.
    (2) Direct expansion method means a volumetric expansion test to 
calculate a cylinder's total and permanent expansion by measuring the 
amount of water forced into a cylinder at test pressure, adjusted for 
the compressibility of water, as a means of determining the expansion.


Sec. 180.205  General requirements for requalification of cylinders.

    (a) General. Each cylinder used for the transportation of hazardous 
materials must be an authorized packaging. To qualify as an authorized 
packaging, each cylinder must conform to this subpart, the applicable 
requirements specified in part 173 of this subchapter, and the 
applicable requirements of subpart C of part 178 of this subchapter.
    (b) Persons performing requalification functions. No person may 
represent that a repair or requalification of a cylinder has been 
performed in accordance with the requirements in this subchapter unless 
that person holds a current approval issued under the procedural 
requirements prescribed in subpart I of part 107 of this chapter. No 
person may mark a cylinder with a RIN and a requalification date or 
otherwise represent that a DOT specification or exemption cylinder has 
been requalified unless all applicable requirements of this subpart 
have been met. A person who requalifies cylinders must maintain the 
records prescribed in Sec. 180.215 at each location at which it 
inspects, tests, or marks cylinders.
    (c) Periodic requalification of cylinders. Each cylinder bearing a 
DOT specification marking must be requalified and marked as specified 
in the Requalification Table in this subpart. Each cylinder bearing a 
DOT exemption number must be requalified and marked in conformance with 
this section and the terms of the applicable exemption. No cylinder may 
be filled with a hazardous material and offered for transportation in 
commerce unless that cylinder has been successfully requalified and 
marked in accordance with this subpart. A cylinder may be requalified 
at any time during or before the month and year that the 
requalification is due. However, a cylinder filled before the 
requalification becomes due may remain in service until it is emptied. 
A cylinder with a specified service life may not be refilled and 
offered for transportation after its authorized service life has 
expired.
    (1) Each cylinder that is requalified in accordance with the 
requirements specified in this section must be marked in accordance 
with Sec. 180.213.
    (2) Each cylinder that fails requalification must be:
    (i) Rejected and may be requalified in accordance with 
Sec. 180.211; or
    (ii) Condemned in accordance with paragraph (i) of this section.
    (3) For DOT specification cylinders, the marked service pressure 
may be changed upon approval of the Associate Administrator and in 
accordance with written procedures specified in the approval.
    (4) For a DOT-3 series cylinder,at the first requalification due on 
and after October 1, 2002, the set pressure of a pressure relief device 
must be set at test pressure with a tolerance of plus zero and minus 
10%.
    (d) Conditions requiring test and inspection of cylinders. Without 
regard to any other periodic requalification requirements, a cylinder 
must be tested and inspected in accordance with this section prior to 
further use if--
    (1) The cylinder shows evidence of dents, corrosion, cracked or 
abraded areas, leakage, thermal damage, or any other condition that 
might render it unsafe for use in transportation;
    (2) The cylinder has been in an accident and has been damaged to an 
extent that may adversely affect its lading retention capability;
    (3) The cylinder shows evidence of or is known to have been over-
heated; or
    (4) The Associate Administrator determines that the cylinder may be 
in an unsafe condition.
    (e) Cylinders containing Class 8 (corrosive) liquids. A cylinder 
previously containing a Class 8 (corrosive) liquid may not be used to 
transport a Class 2 material in commerce unless the cylinder is--
    (1) Visually inspected, internally and externally, in accordance 
with paragraph (f) of this section and the inspection is recorded as 
prescribed in Sec. 180.215;
    (2) Requalified in accordance with this section, regardless of the 
date of the previous requalification;
    (3) Marked in accordance with Sec. 180.213; and
    (4) Decontaminated to remove all significant residue or 
impregnation of the Class 8 material.
    (f) Visual inspection. Except as otherwise provided in this 
subpart, each time a cylinder is pressure tested, it must be given an 
internal and external visual inspection.
    (1) The visual inspection must be performed in accordance with the 
following CGA Pamphlets: C-6 for steel and nickel cylinders 
(incorporated by reference; see Sec. 171.7 of this subchapter); C-6.1 
for seamless aluminum cylinders (incorporated by reference; see 
Sec. 171.7 of this subchapter); C-6.2 for fiber reinforced composite 
exemption cylinders (incorporated by reference; see Sec. 171.7 of this 
subchapter); C-6.3 for low pressure aluminum cylinders (incorporated by 
reference; see Sec. 171.7 of this subchapter); C-8 for DOT 3HT 
cylinders (incorporated by reference; see Sec. 171.7 of this 
subchapter); and C-13 for DOT 8 series cylinders (incorporated by 
reference; see Sec. 171.7 of this subchapter).
    (2) For each cylinder with a coating or attachments that would 
inhibit inspection of the cylinder, the coating or attachments must be 
removed before performing the visual inspection.
    (3) Each cylinder subject to visual inspection must be approved, 
rejected, or condemned according to the criteria in the applicable CGA 
pamphlet.
    (4) In addition to other requirements prescribed in this paragraph 
(f), a DOT specification or exemption cylinder made of aluminum alloy 
6351-T6 must be inspected for evidence of sustained load cracking in 
the neck and shoulder area in accordance with the cylinder 
manufacturer's written recommendations, which must be approved in 
writing by the Associate Administrator.
    (g) Pressure test. (1) Unless otherwise provided, each cylinder 
required to be retested under this subpart 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.
    (2) The pressure indicating device of the testing apparatus must 
permit reading of pressures to within 1% of the minimum prescribed test 
pressure of

[[Page 51662]]

each cylinder tested, except that for an analog device, interpolation 
to \1/2\ of the marked gauge divisions is acceptable. The expansion-
indicating device of the testing apparatus must also permit incremental 
reading of the cylinder expansion to 1% of the total expansion of each 
cylinder tested or 0.1 cm3, whichever is larger. Midpoint 
visual interpolation is permitted.
    (3) Each day before retesting, the retester shall confirm, by using 
a calibrated cylinder or other method authorized in writing by the 
Associate Administrator, that:
    (i) The pressure-indicating device, as part of the retest 
apparatus, is accurate within 1.0% of the prescribed test 
pressure of any cylinder tested that day. The pressure indicating 
device, itself, must be certified as having an accuracy of 
0.5%, or better, of its full range, and must permit 
readings of pressure from 90%-110% of the minimum prescribed test 
pressure of the cylinder to be tested. The accuracy of the pressure 
indicating device within the test system can be demonstrated at any 
point within 500 psig of the actual test pressure for test pressures at 
or above 3000 psig, or 10% of the actual test pressure for test 
pressures below 3000 psig.
    (ii) 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.
    (4) The test equipment must be verified to be accurate within 
1.0% of the calibrated cylinder's pressure and 
corresponding expansion values. This may be accomplished by bringing 
the pressure to a value shown on the calibration certificate for the 
calibrated cylinder used and verifying that the resulting total 
expansion is within 1.0% of the total expansion shown on 
the calibration certificate. Alternatively, calibration may be 
demonstrated by bringing the total expansion to a known value on the 
calibration certificate for the calibrated cylinder used and verifying 
that the resulting pressure is within 1.0% of the pressure 
shown on the calibration certificate. The calibrated cylinder must show 
no permanent expansion. The retester must demonstrate calibration in 
conformance with this paragraph (g) to an authorized inspector on any 
day that it retests cylinders. A retester must maintain calibrated 
cylinder certificates in conformance with Sec. 180.215(b)(4).
    (5) 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% or 
100 psig, whichever is less. This paragraph (g) does not authorize 
retest of a cylinder otherwise required to be condemned under paragraph 
(i) of this section.
    (h) Cylinder rejection. A cylinder must be rejected when, after a 
visual inspection, it meets a condition for rejection under the visual 
inspection requirements of paragraph (f) of this section.
    (1) Except as provided in paragraphs (h)(3) and (h)(4) of this 
section, a cylinder that is rejected may not be marked as meeting the 
requirements of this section.
    (2) The requalifier must notify the cylinder owner, in writing, 
that the cylinder has been rejected.
    (3) Unless the cylinder is requalified in conformance with 
requirements in Sec. 180.211, it may not be filled with a hazardous 
material and offered for transportation in commerce where use of a 
specification packaging is required.
    (4) A rejected cylinder with a service pressure of less than 900 
psig may be requalified and marked if the cylinder is repaired or 
rebuilt and subsequently inspected and tested in conformance with--
    (i) The visual inspection requirements of paragraph (f) of this 
section;
    (ii) Part 178 of this subchapter and this part;
    (iii) Any exemption covering the manufacture, requalification, and/
or use of that cylinder; and
    (iv) Any approval required under Sec. 180.211.
    (i) Cylinder condemnation. (1) A cylinder must be condemned when--
    (i) The cylinder meets a condition for condemnation under the 
visual inspection requirements of paragraph (f) of this section.
    (ii) The cylinder leaks through its wall.
    (iii) Evidence of cracking exists to the extent that the cylinder 
is likely to be weakened appreciably.
    (iv) For a DOT specification cylinder, other than a DOT 4E aluminum 
cylinder or an exemption cylinder, permanent expansion exceeds 10 
percent of total expansion.
    (v) For a DOT 3HT cylinder--
    (A) The pressure test yields an elastic expansion exceeding the 
marked rejection elastic expansion (REE) value.
    (B) The cylinder shows evidence of denting or bulging.
    (C) The cylinder bears a manufacture or an original test date older 
than twenty-four years or after 4380 pressurizations, whichever occurs 
first. If a cylinder is refilled, on average, more than once every 
other day, an accurate record of the number of rechargings must be 
maintained by the cylinder owner or the owner's agent.
    (vi) For a DOT 4E aluminum cylinder, permanent expansion exceeds 12 
percent of total expansion.
    (vii) For a DOT exemption cylinder, permanent expansion exceeds the 
limit in the applicable exemption, or the cylinder meets another 
criterion for condemnation in the applicable exemption.
    (viii) For an aluminum or an aluminum-lined composite exemption 
cylinder, the cylinder is known to have been or shows evidence of 
having been over-heated.
    (2) When a cylinder must be condemned, the requalifier must stamp a 
series of X's over the DOT specification number and the marked pressure 
or stamp ``CONDEMNED'' on the shoulder, top head, or neck using a steel 
stamp. Alternatively, at the direction of the owner, the requalifier 
may render the cylinder incapable of holding pressure. In addition, the 
requalifier must notify the cylinder owner, in writing, that the 
cylinder is condemned and may not be filled with hazardous material and 
offered for transportation in commerce where use of a specification 
packaging is required.
    (3) No person may remove or obliterate the ``CONDEMNED'' marking.


Sec. 180.207  [Reserved]


Sec. 180.209  Requirements for requalification of specification 
cylinders.

    (a) Periodic qualification of cylinders. (1) Each specification 
cylinder that becomes due for periodic requalification, as specified in 
the following table, must be requalified and marked in conformance with 
the requirements of this subpart. Requalification records must be 
maintained in accordance with Sec. 180.215. Table 1 follows:

[[Page 51663]]



               Table 1.--Requalification of Cylinders \1\
------------------------------------------------------------------------
  Specification under which       Minimum test
      cylinder was made       pressure  (psig) \2\  Test period  (years)
------------------------------------------------------------------------
DOT 3.......................  3000 psig...........  5
DOT 3A, 3AA.................  5/3 times service     5, 10, or 12 (see
                               pressure, except      Sec.  180.209(b),
                               noncorrosive          (f), (h), and (j)
                               service (see Sec.
                               180.209(g)).
DOT 3AL.....................  5/3 times service     5 or 12 (see Sec.
                               pressure.             180.209(j))
DOT 3AX, 3AAX...............  5/3 times service     5
                               pressure.
3B, 3BN.....................  2 times service       5 or 10 (see Sec.
                               pressure (see Sec.    180.209(f))
                               180.209(g)).
3E..........................  Test not required...
3HT.........................  5/3 times service     3 (see Secs.
                               pressure.             180.209(i) and
                                                     180.213(c))
3T..........................  5/3 times service     5
                               pressure.
4AA480......................  2 times service       5 or 10 (see Sec.
                               pressure (see Sec.    180.209(e)(14)
                               180.209(g)).
4B, 4BA, 4BW, 4B-240ET......  2 times service       5, 10, or 12 (see
                               pressure, except      Sec.  180.209(e),
                               non-corrosive         (f), and (j))
                               service (see Sec.
                               180.209(g)).
4D, 4DA, 4DS................  2 times service.....  5
DOT 4E......................  2 times service       5
                               pressure, except
                               non-corrosive (see
                               Sec.  180.209(g)).
4L..........................  Test not required...
8, 8AL......................  ....................  10 or 20 (see Sec.
                                                     180.209(i))
Exemption cylinder..........  See current           See current
                               exemption.            exemption
Foreign cylinder (see Sec.    As marked on          5 (see Secs.
 173.301(j) of this            cylinder, but not     180.209(k) and
 subchapter for restrictions   less than 5/3 of      180.213(d)(iii))
 on use).                      any service or
                               working pressure
                               marking.
------------------------------------------------------------------------
\1\ Any cylinder not exceeding 2 inches outside diameter and less than 2
  feet in length is excepted from volumetric expansion test.
\2\ For cylinders not marked with a service pressure, see Sec.
  173.301(e)(1) of this subchapter.

    (b) DOT 3A or 3AA cylinders. (1) A cylinder conforming to 
specification DOT 3A or 3AA with a water capacity of 56.7 kg (125 lb) 
or less that is removed from any cluster, bank, group, rack, or vehicle 
each time it is filled, may be requalified every ten years instead of 
every five years, provided the cylinder conforms to all of the 
following conditions:
    (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; fluorinated hydrocarbons, liquefied 
hydrocarbons, and mixtures thereof that are commercially free from 
corroding components; permitted mixtures of these gases (see 
Sec. 173.301(d) of this subchapter); and permitted mixtures of these 
gases with up to 30 percent by volume of carbon dioxide, provided the 
gas has a dew point at or below minus (52 deg. F) at 1 atmosphere.
    (iii) Before each refill, the cylinder is removed from any cluster, 
bank, group, rack or vehicle and passes the hammer test specified in 
CGA Pamphlet C-6 (incorporated by reference; see Sec. 171.7 of this 
subchapter).
    (iv) The cylinder is dried immediately after hydrostatic testing to 
remove all traces of water.
    (v) The cylinder is not used for underwater breathing.
    (vi) Each cylinder is stamped with a five-pointed star at least 
one-fourth of an inch high immediately following the test date.
    (2) If, since the last required requalification, a cylinder has not 
been used exclusively for the gases specifically identified in 
paragraph (b)(1)(ii) of this section, but currently conforms with all 
other provisions of paragraph (b)(1) of this section, it may be 
requalified every 10 years instead of every five years, provided it is 
first requalified and examined as prescribed by Sec. 173.302a(b) (2), 
(3) and (4) of this subchapter.
    (3) Except as specified in paragraph (b)(2) of this section, if a 
cylinder, marked with a star, is filled with a compressed gas other 
than as specified in paragraph (b)(1)(ii) of this section, the star 
following the most recent test date must be obliterated. The cylinder 
must be requalified five years from the marked test date, or prior to 
the first filling with a compressed gas, if the required five-year 
requalification period has passed.
    (c) DOT 4-series cylinders. A DOT 4-series cylinder, except a 4L 
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 requalified before being 
refilled and offered for transportation. (Refer to CGA Pamphlet C-6 or 
C-6.3, as applicable, regarding cylinder weakening.) After testing, the 
actual tare weight must be recorded as the new tare weight.
    (d) Cylinders 5.44 kg (12 lb) or less with service pressures of 300 
psig or less. A cylinder of 5.44 (12 lb) or less water capacity 
authorized for service pressure of 300 psig or less must be given a 
complete external visual inspection at the time periodic 
requalification becomes due. External visual inspection must be in 
accordance with CGA Pamphlet C-6 or C-6.1 (incorporated by reference; 
see Sec. 171.7 of this subchapter). The cylinder may be proof pressure 
tested. The test is successful if the cylinder, when examined under 
test pressure, does not display a defect described in 
Sec. 180.205(i)(1) (ii) or (iii). Upon successful completion of the 
test and inspection, the cylinder must be marked in accordance with 
Sec. 180.213.
    (e) Proof pressure test. A cylinder made in conformance with 
specifications DOT 4B, 4BA, 4BW, or 4E used exclusively for: liquefied 
petroleum gas that meets the requirements in Table I of ASTM D 1835, 
Standard Specification for Liquefied Petroleum (LP) Gases (incorporated 
by reference; see Sec. 171.7 of this subchapter); anhydrous 
dimethylamine; anhydrous methylamine; anhydrous trimethylamine; methyl 
chloride; methylacetylene-propadiene stabilized; or 
dichlorodifluoromethane, difluoroethane, difluorochloroethane, 
chlorodifluoromethane, chlorotetrafluoroethane, 
trifluorochloroethylene, or mixture thereof, or mixtures of one or more 
with trichlorofluoromethane; and commercially free from corroding 
components and protected externally by a suitable corrosion-resistant 
coating (such as galvanizing or painting) may be requalified by 
volumetric expansion

[[Page 51664]]

testing every 12 years instead of every five years. As an alternative, 
the cylinder may be subjected to a proof pressure test at least two 
times the marked service pressure, but this latter type of test must be 
repeated every seven years after expiration of the first 12-year 
period. When subjected to a proof pressure test, the cylinder must be 
carefully examined under test pressure and removed from service if a 
leak or defect is found.
    (f) Poisonous materials. A cylinder conforming to specification DOT 
3A, 3AA, 3B, 4BA, or 4BW having a service pressure of 300 psig or less 
and 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; commercially free of corroding components, and 
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 a visual internal and external 
examination of the cylinder is conducted every five years in accordance 
with CGA Pamphlet C-6 (incorporated by reference; see Sec. 171.7 of 
this subchapter). The cylinder must be examined at each filling, and 
rejected if a dent, corroded area, leak or other condition indicates 
possible weakness.
    (g) Visual inspections. A cylinder conforming to a specification 
listed in the table in this paragraph and used exclusively in the 
service indicated may, instead of a periodic hydrostatic test, be given 
a complete external visual inspection at the time periodic 
requalification becomes due. External visual inspection must be in 
accordance with CGA Pamphlet C-6 or C-6.3, as applicable (incorporated 
by reference; see Sec. 171.7 of this subchapter). When this inspection 
is used instead of hydrostatic pressure testing, subsequent inspections 
are required at five-year intervals after the first inspection. After 
September 30, 2003, inspections must be made only by persons holding a 
current RIN and the results recorded and maintained in accordance with 
Sec. 180.215. Records must include: date of inspection (month and 
year); DOT specification number; cylinder identification (registered 
symbol and serial number, date of manufacture, and owner); type of 
cylinder protective coating (including statement as to need of 
refinishing or recoating); conditions checked (e.g., leakage, 
corrosion, gouges, dents or digs in shell or heads, broken or damaged 
footring or protective ring or fire damage); disposition of cylinder 
(returned to service, returned to cylinder manufacturer for repairs or 
condemned). A cylinder passing requalification by the external visual 
inspection must be marked in accordance with Sec. 180.213. 
Specification cylinders must be in exclusive service as shown in the 
following table:

------------------------------------------------------------------------
       Cylinders conforming to--              Used exclusively for--
------------------------------------------------------------------------
DOT 3A, DOT 3AA, DOT 3A480X, DOT 4AA480  Anhydrous ammonia of at least
                                          99.95% purity.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B,     Butadiene, inhibited, that is
 DOT 4B, DOT 4BA, DOT 4BW.                commercially free from
                                          corroding components.
DOT 3A, DOT 3A480X, DOT 3AA, DOT 3B,     Cyclopropane that is
 DOT 4AA480, DOT 4B, DOT 4BA, DOT 4BW.    commercially free from
                                          corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 4B,     Fluorinated hydrocarbons and
 DOT 4BA, DOT 4BW, DOT 4E.                mixtures thereof that are
                                          commercially free from
                                          corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B,     Liquefied hydrocarbon gas that
 DOT 4B, DOT 4BA, DOT 4BW, DOT 4E.        is commercially free from
                                          corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B,     Liquefied petroleum gas that
 DOT 4B, DOT 4BA, DOT 4BW, DOT 4E.        meets the requirements in
                                          Table I of ASTM D 1835,
                                          Standard Specification for
                                          Liquefied Petroleum (LP) Gases
                                          (incorporated by reference;
                                          see Sec.  171.7 of this
                                          subchapter).
DOT 3A, DOT 3AA, DOT 3B, DOT 4B, DOT     Methylacetylene-propadiene,
 4BA, DOT 4BW, DOT 4E.                    stabilized, that is
                                          commercially free from
                                          corroding components.
DOT 3A, DOT 3AA, DOT 3B, DOT 4B, DOT     Anhydrous mono,
 4BA, DOT 4BW.                            di,trimethylamines that are
                                          commercially free from
                                          corroding components.
DOT 4B240, DOT 4BW240..................  Ethyleneimine, inhibited.
------------------------------------------------------------------------

    (h) Cylinders containing anhydrous ammonia. A cylinder conforming 
to specification DOT 3A, 3A480X, or 4AA480 used exclusively for 
anhydrous ammonia, commercially free from corroding components, and 
protected externally by a suitable corrosion-resistant coating (such as 
paint) may be requalified every 10 years instead of every five years.
    (i) Requalification of DOT-8 series cylinders. (1) Each owner of a 
DOT-8 series cylinder used to transport acetylene must have the 
cylinder shell and the porous filler requalified in accordance with CGA 
Pamphlet C-13 (incorporated by reference; see Sec. 171.7 of this 
subchapter). Requalification must be performed in accordance with the 
following schedule:

----------------------------------------------------------------------------------------------------------------
                                         Shell (visual inspection)             Porous filler requalification
                                              requalification            ---------------------------------------
  Date of cylinder manufacture   ----------------------------------------
                                        Initial           Subsequent            Initial           Subsequent
----------------------------------------------------------------------------------------------------------------
Before January 1, 1991..........  Before January 1,   10 years..........  Before January 1,   Not required.
                                   2001.                                   2011.
On or after January 1, 1991.....  10 years \1\......  10 years..........  3 to 20 years \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.


[[Page 51665]]

    (2) Unless requalified and marked in accordance with CGA Pamphlet 
C-13 (incorporated by reference; see Sec. 171.7 of this subchapter) 
before October 1, 1994, an acetylene cylinder must be requalified by a 
person who holds a current RIN.
    (3) 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.
    (4) The person performing a visual inspection or requalification 
must record the results as specified in Sec. 180.215.
    (5) The person performing a visual inspection or requalification 
must mark the cylinder as specified in Sec. 180.213.
    (j) Cylinder used as a fire extinguisher. Only a DOT specification 
cylinder used as a fire extinguisher and meeting Special Provision 18 
in Sec. 172.102(c)(1) of this subchapter may be requalified in 
accordance with this paragraph (j).
    (1) A DOT 4B, 4BA, 4B240ET or 4BW cylinder may be tested as 
follows:
    (i) For a cylinder with a water capacity of 5.44 kg (12 lb) or 
less, by volumetric expansion test using the water jacket method or by 
proof pressure test. A requalification must be performed by the end of 
12 years after the original test date and at 12-year intervals 
thereafter.
    (ii) For a cylinder having a water capacity over 5.44 kg (12 lb)--
    (A) By proof pressure test. A requalification must be performed by 
the end of 12 years after the original test date and at 7-year 
intervals; or
    (B) By volumetric expansion test using the water jacket method. A 
requalification must be performed 12 years after the original test date 
and at 12-year intervals thereafter.
    (2) A DOT 3A, 3AA, or 3AL cylinder must be requalified by 
volumetric expansion test using the water jacket method. A 
requalification must be performed 12 years after the original test date 
and at 12-year intervals thereafter.
    (k) Requalification of foreign cylinders filled for export. A 
cylinder manufactured outside the United States, other than as provided 
in Sec. 171.12a of this subchapter, that has not been manufactured, 
inspected, tested and marked in accordance with part 178 of this 
subchapter may be filled with compressed gas in the United States, and 
shipped solely for export if it meets the following requirements, in 
addition to other requirements of this subchapter:
    (1) It has been inspected, tested and marked (with only the month 
and year of test) in conformance with the procedures and requirements 
of this subpart or the Associate Administrator has authorized the 
filling company to fill foreign cylinders under an alternative method 
of qualification; and
    (2) It is offered for transportation in conformance with the 
requirements of Sec. 173.301(l) of this subchapter.


Sec. 180.211  Repair, rebuilding and reheat treatment of DOT-4 series 
specification cylinders.

    (a) General requirements for repair and rebuilding. Any repair or 
rebuilding of a DOT 4-series cylinder must be performed by a person 
holding an approval as specified in Sec. 107.805 of this chapter. A 
person performing a rebuild function is considered a manufacturer 
subject to the requirements of Sec. 178.2(a)(2) and subpart C of part 
178 of this subchapter. The person performing a repair, rebuild, or 
reheat treatment must record the test results as specified in 
Sec. 180.215. Each cylinder that is successfully repaired or rebuilt 
must be marked in accordance with Sec. 180.213.
    (b) General repair requirements. Each repair of a DOT 4-series 
cylinder must be made in accordance with the following conditions:
    (1) The repair and the inspection of the work performed must be 
made in accordance with the requirements of the cylinder specification.
    (2) The person performing the repair must use the procedure, 
equipment, and filler metal or brazing material as authorized by the 
approval issued under Sec. 107.805 of this chapter.
    (3) Welding and brazing must be performed on an area free from 
contaminants.
    (4) A weld defect, such as porosity in a pressure retaining seam, 
must be completely removed before re-welding. Puddling may be used to 
remove a weld defect only by the tungsten inert gas shielded arc 
process.
    (5) After removal of a non-pressure attachment and before its 
replacement, the cylinder must be given a visual inspection in 
accordance with Sec. 180.205(f).
    (6) Reheat treatment of DOT 4B, 4BA or 4BW specification cylinders 
after replacement of non-pressure attachments is not required when the 
total weld material does not exceed 20.3 cm (8 inches). Individual 
welds must be at least 7.6 cm (3 inches) apart.
    (7) After repair of a DOT 4B, 4BA or 4BW cylinder, the weld area 
must be leak tested at the service pressure of the cylinder.
    (8) Repair of weld defects must be free of cracks.
    (9) When a non-pressure attachment with the original cylinder 
specification markings is replaced, all markings must be transferred to 
the attachment on the repaired cylinder.
    (10) Walls, heads or bottoms of cylinders with defects or leaks in 
base metal may not be repaired, but may be replaced as provided for in 
paragraph (d) of this section.
    (c) Additional repair requirements for 4L cylinders. (1) Repairs to 
a DOT 4L cylinder must be performed in accordance with paragraphs (a) 
and (b) of this section and are limited to the following:
    (i) The removal of either end of the insulation jacket to permit 
access to the cylinder, piping system, or neck tube.
    (ii) The replacement of the neck tube. At least a 13 mm (0.51 inch) 
piece of the original neck tube must be protruding above the cylinder's 
top end. The original weld attaching the neck tube to the cylinder must 
be sound and the replacement neck tube must be welded to this remaining 
piece of the original neck tube.
    (iii) The replacement of material such as, but not limited to, the 
insulating material and the piping system within the insulation space 
is authorized. The replacement material must be equivalent to that used 
at the time of original manufacture.
    (iv) Other welding procedures that are permitted by CGA Pamphlet C-
3 (incorporated by reference; see Sec. 171.7 of this subchapter), and 
not excluded by the definition of ``rebuild,'' are authorized.
    (2) After repair, the cylinder must be--
    (i) Pressure tested in accordance with the specifications under 
which the cylinder was originally manufactured;
    (ii) Leak tested before and after assembly of the insulation jacket 
using a mass spectrometer detection system; and
    (iii) Tested for heat conductivity requirements.
    (d) General rebuilding requirements. (1) The rebuilding of a DOT 4-
series cylinder must be made in accordance with the following 
requirements:
    (i) The person rebuilding the cylinder must use the procedures and 
equipment as authorized by the approval issued under Sec. 107.805 of 
this chapter.
    (ii) After removal of a non-pressure component and before 
replacement of any non-pressure component, the cylinder must be 
visually inspected in accordance with CGA Pamphlet C-6 (incorporated by 
reference; see Sec. 171.7 of this subchapter).
    (iii) The rebuilder may rebuild a DOT 4B, 4BA or 4BW cylinder 
having a water capacity of 9.07 kg (20 lb) or greater by replacing a 
head of the cylinder using a

[[Page 51666]]

circumferential joint. When this weld joint is located at other than an 
original welded joint, a notation of this modification must be shown on 
the Manufacturer's Report of Rebuilding in Sec. 180.215(d)(2). The weld 
joint must be on the cylindrical section of the cylinder.
    (iv) Any welding and the inspection of the rebuilt cylinder must be 
in accordance with the requirements of the applicable cylinder 
specification and the following requirements:
    (A) Rebuilding of any cylinder involving a joint subject to 
internal pressure may only be performed by fusion welding;
    (B) Welding must be performed on an area free from contaminants; 
and
    (C) A weld defect, such as porosity in a pressure retaining seam, 
must be completely removed before re-welding. Puddling may be used to 
remove a weld defect only by using the tungsten inert gas shielded arc 
process.
    (2) Any rebuilt cylinder must be--
    (i) Heat treated in accordance with paragraph (f) of this section;
    (ii) Subjected to a volumetric expansion test on each cylinder. The 
results of the tests must conform to the applicable cylinder 
specification;
    (iii) Inspected and have test data reviewed to determine 
conformance with the applicable cylinder specification; and
    (iv) Made of material conforming to the specification. 
Determination of conformance shall include chemical analysis, 
verification, inspection and tensile testing of the replaced part. 
Tensile tests must be performed on the replaced part after heat 
treatment by lots defined in the applicable specification.
    (3) For each rebuilt cylinder, an inspector's report must be 
prepared to include the information listed in Sec. 180.215(d).
    (4) Rebuilding a cylinder with brazed seams is prohibited.
    (5) When an end with the original cylinder specification markings 
is replaced, all markings must be transferred to the rebuilt cylinder.
    (e) Additional rebuilding requirements for DOT 4L cylinders. (1) 
The rebuilding of a DOT 4L cylinder must be performed in accordance 
with paragraph (d) of this section. Rebuilding of a DOT 4L cylinder is:
    (i) Substituting or adding material in the insulation space not 
identical to that used in the original manufacture of that cylinder;
    (ii) Making a weld repair not to exceed 150 mm (5.9 inches) in 
length on the longitudinal seam of the cylinder or 300 mm (11.8 inches) 
in length on a circumferential weld joint of the cylinder; or
    (iii) Replacing the outer jacket.
    (2) Reheat treatment of cylinders is prohibited.
    (3) After rebuilding, each inner containment vessel must be proof 
pressure tested at 2 times its service pressure. Each completed 
assembly must be leak-tested using a mass spectrometer detection 
system.
    (f) Reheat treatment. (1) Prior to reheat treatment, each cylinder 
must be given a visual inspection, internally and externally, in 
accordance with Sec. 180.205(f).
    (2) Cylinders must be segregated in lots for reheat treatment. The 
reheat treatment and visual inspection must be performed in accordance 
with the specification for the cylinders except as provided in 
paragraph (f)(4) of this section.
    (3) After reheat treatment, each cylinder in the lot must be 
subjected to a volumetric expansion test and meet the acceptance 
criteria in the applicable specification or be scrapped.
    (4) After all welding and heat treatment, a test of the new weld 
must be performed as required by the original specification. The test 
results must be recorded in accordance with Sec. 180.215.


Sec. 180.213  Requalification markings.

    (a) General. Each cylinder requalified in accordance with this 
subpart with acceptable results must be marked as specified in this 
section. Required specification markings may not be altered or removed.
    (b) Placement of markings. Each cylinder must be plainly and 
permanently marked on the metal of the cylinder as permitted by the 
applicable specification. Unless authorized by the cylinder 
specification, marking on the cylinder sidewall is prohibited.
    (1) Requalification and required specification markings must be 
legible so as to be readily visible at all times. Illegible 
specification markings may be remarked on the cylinder as provided by 
the original specification. Requalification markings may be placed on 
any portion of the upper end of the cylinder excluding the sidewall, as 
provided in this section. Requalification and required specification 
markings that are illegible may be reproduced on a metal plate and 
attached as provided by the original specification.
    (2) Previous requalification markings may not be obliterated, 
except that, when the space originally provided for requalification 
dates becomes filled, additional dates may be added as follows:
    (i) All preceding requalification dates may be removed by peening 
provided that--
    (A) Permission is obtained from the cylinder owner;
    (B) The minimum wall thickness is maintained in accordance with 
manufacturing specifications for the cylinder; and
    (C) The original manufacturing test date is not removed.
    (ii) When the cylinder is fitted with a footring, additional dates 
may be marked on the external surface of the footring.
    (c) Requalification marking method. The depth of requalification 
markings may not be greater than specified in the applicable 
specification. The markings must be made by stamping, engraving, 
scribing or other method that produces a legible, durable mark.
    (1) A cylinder used as a fire extinguisher (Sec. 180.209(j)) may be 
marked by using a pressure sensitive label.
    (2) For a DOT 3HT cylinder, the test date and RIN must be applied 
by low-stress steel stamps to a depth no greater than that prescribed 
at the time of manufacture. Stamping on the sidewall is not authorized.
    (d) Requalification markings. Each cylinder that has successfully 
passed requalification must be marked with the RIN set in a square 
pattern, between the month and year of the requalification date. The 
first character of the RIN must appear in the upper left corner of the 
square pattern; the second in the upper right; the third in the lower 
right, and the fourth in the lower left. Example: A cylinder 
requalified in September 1998, and approved by a person who has been 
issued RIN ``A123'', would be marked plainly and permanently into the 
metal of the cylinder in accordance with location requirements of the 
cylinder specification or on a metal plate permanently secured to the 
cylinder in accordance with paragraph (b) of this section. An example 
of the markings prescribed in this paragraph (d) is as follows:

 
                                        A1
                                    9       98  x
                                        32
 
 
 

Where:

``9'' is the month of requalification,
``A123'' is the RIN,
``98'' is the year of requalification, and
``X'' represents the symbols described in paragraphs (f)(2) through 
(f)(7) of this section.

    (1) Upon a written request, variation from the marking requirement 
may be approved by the Associate Administrator.
    (2) Exception. A cylinder subject to the requirements of 
Sec. 173.301(l) of this

[[Page 51667]]

subchapter may not be marked with a RIN.
    (e) Size of markings. The size of the markings must be at least 
6.35 mm (\1/4\ in.) high, except RIN characters must be at least 3.18 
mm (\1/8\ in.) high.
    (f) Marking illustrations. Examples of required requalification 
markings for DOT specification and exemption cylinders are illustrated 
as follows:
    (1) For designation of the 5-year volumetric expansion test, 10-
year volumetric expansion test for cylinders conforming to 
Sec. 180.209(f) and (h), or 12-year volumetric expansion test for fire 
extinguishers conforming to Sec. 173.309(b) of this subchapter and 
cylinders conforming to Sec. 180.209(e) and Sec. 180.209(g), the 
marking is as illustrated in paragraph (d) of this section.
    (2) For designation of the 10-year volumetric expansion test for 
cylinders conforming to Sec. 180.209(b), the marking is as illustrated 
in paragraph (d) of this section, except that the ``X'' is replaced 
with a five-point star.
    (3) For designation of special filling limits up to 10% in excess 
of the marked service pressure for cylinders conforming to 
Sec. 173.302a(b) of this subchapter, the marking is as illustrated in 
paragraph (d) of this section, except that the ``X'' is replaced with a 
plus sign ``+''.
    (4) For designation of the proof pressure test, the marking is as 
illustrated in paragraph (d) of this section, except that the ``X'' is 
replaced with the letter ``S''.
    (5) For designation of the 5-year external visual inspection for 
cylinders conforming to Sec. 180.209(g), the marking is as illustrated 
in paragraph (d) of this section, except that the ``X'' is replaced 
with the letter ``E''.
    (6) For designation of DOT 8 series cylinder shell requalification 
only, the marking is as illustrated in paragraph (d) of this section, 
except that the ``X'' is replaced with the letter ``S''.
    (7) For designation of DOT 8 series cylinder shell and porous 
filler requalification, the marking is as illustrated in paragraph (d) 
of this section, except that the ``X'' is replaced with the letters 
``FS''.


Sec. 180.215  Reporting and record retention requirements.

    (a) Facility records. A person who requalifies, repairs or rebuilds 
cylinders must maintain the following records where the requalification 
is performed:
    (1) Current RIN issuance letter;
    (2) If the RIN has expired and renewal is pending, a copy of the 
renewal request;
    (3) Copies of notifications to Associate Administrator required 
under Sec. 107.805 of this chapter;
    (4) Current copies of those portions of this subchapter applicable 
to its cylinder requalification and marking activities at that 
location;
    (5) Current copies of all exemptions governing exemption cylinders 
requalified or marked by the requalifier at that location; and
    (6) The information contained in each applicable CGA or ASTM 
standard incorporated by reference in Sec. 171.7 of this subchapter 
applicable to the requalifier's activities. This information must be 
the same as contained in the edition incorporated by reference in 
Sec. 171.7 of this subchapter.
    (b) Requalification records. Daily records of visual inspection, 
pressure test, and ultrasonic examination if permitted under an 
exemption, as applicable, must be maintained by the person who performs 
the requalification until either the expiration of the requalification 
period or until the cylinder is again requalified, whichever occurs 
first. A single date may be used for each test sheet, provided each 
test 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 only: date; actual dimensions; manufacturer's 
name or symbol, if present; owner's name or symbol, if present; and 
test operator. Blank spaces may not be used to indicate repetition of a 
prior entry. The records must include the following information:
    (1) Pressure test records. 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 test operator. The test operator must be able 
to demonstrate that the results of the daily calibration verification 
correspond to the hydrostatic tests performed on that day. The daily 
verification of calibration(s) may be recorded on the same sheets as, 
and with, test records for that date.
    (2) Pressure test and visual inspection records. The date of 
requalification; serial number; DOT specification or exemption number; 
marked pressure; actual dimensions; manufacturer's name or symbol; 
owner's name or symbol, if present; result of visual inspection; actual 
test pressure; total, elastic and permanent expansions; percent 
permanent expansion; disposition, with reason for any repeated test, 
rejection or condemnation; and legible identification of test operator. 
For each cylinder marked pursuant to Sec. 173.302a(b)(5) of this 
subchapter, the test sheet must indicate the method by which any 
average or maximum wall stress was computed. Records must be kept for 
all completed, as well as unsuccessful tests. The entry for a second 
test after a failure to hold test pressure must indicate the date of 
the earlier test.
    (3) Wall stress. Calculations of average and maximum wall stress 
pursuant to Sec. 173.302a(b)(3) of this subchapter, if performed.
    (4) Calibration certificates. The most recent certificate of 
calibration must be maintained for each calibrated cylinder.
    (c) Repair, rebuilding or reheat treatment records. (1) Records 
covering welding or brazing repairs, rebuilding or reheat treating 
shall be retained for a minimum of fifteen years by the approved 
facility.
    (2) A record of rebuilding, in accordance with Sec. 180.211(d), 
must be completed for each cylinder rebuilt. The record must be clear, 
legible, and contain the following information:
    (i) Name and address of test facility, date of test report, and 
name of original manufacturer;
    (ii) Marks stamped on cylinder to include specification number, 
service pressure, serial number, symbol of manufacturer, inspector's 
mark, and other marks, if any;
    (iii) Cylinder outside diameter and length in inches;
    (iv) Rebuild process (welded, brazed, type seams, etc.);
    (v) Description of assembly and any attachments replaced (e.g., 
neckrings, footrings);
    (vi) Chemical analysis of material for the cylinder, including seat 
and Code No., type of analysis (ladle, check), chemical components 
(Carbon (C), Phosphorous (P), Sulfur (S), Silicon (Si), Manganese (Mn), 
Nickel (Ni), Chromium (Cr), Molybdenum (Mo), Copper (Cu), Aluminum 
(Al), Zinc (Zn)), material manufacturer, name of person performing the 
analysis, results of physical tests of material for cylinder (yield 
strength (psi), tensile strength (psi), elongation percentage (inches), 
reduction in area percentage, weld bend, tensile bend, name of 
inspector);
    (vii) Results of proof pressure test on cylinder, including test 
method, test pressure, total expansion, permanent expansion, elastic 
expansion, percent permanent expansion (permanent expansion may not 
exceed ten percent (10%) of total expansion), and volumetric capacity 
(volumetric capacity of a rebuilt cylinder must be within  
3% of the calculated capacity);
    (viii) Each report must include the following certification 
statement: ``I certify that this rebuilt cylinder is

[[Page 51668]]

accurately represented by the data above and conforms to all of the 
requirements in Subchapter C of Chapter I of Title 49 of the Code of 
Federal Regulations.''. The certification must be signed by the rebuild 
technician and principal, officer, or partner of the rebuild facility.

    Issued in Washington, DC, on June 19, 2002, under authority 
delegated in 49 CFR part 1.
Elaine E. Joost,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 02-15977 Filed 8-7-02; 8:45 am]
BILLING CODE 4910-60-P