[Federal Register Volume 67, Number 189 (Monday, September 30, 2002)]
[Rules and Regulations]
[Pages 61287-61289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24707]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 173 and 177

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


Hazardous Materials: Requirements for Maintenance, 
Requalification, Repair and Use of DOT Specification Cylinders; 
Extension of Compliance Dates and Corrections

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

ACTION: Final rule; extension of compliance dates and corrections.

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SUMMARY: This document extends the compliance dates and makes minor 
corrections for certain requirements adopted in a final rule published 
under Docket No. RSPA-01-10373 (HM-220D) on August 8, 2002 (67 FR 
51626), which amended requirements applicable to the maintenance, 
requalification, repair, and use of DOT specification cylinders. RSPA 
is taking action in response to appeals stating that the October 1, 
2002 effective date is unreasonable. This action provides additional 
time, until May 30, 2003, for RSPA to fully evaluate and determine the 
merits of issues raised by appellants concerning these requirements and 
their requests for clarification of certain other

[[Page 61288]]

requirements. These appeals will be fully addressed in a later 
document. Because these amendments do not impose new requirements, 
notice and public comment are unnecessary.

DATES: Effective Date: This rule is effective on October 1, 2002.
    Compliance Date: However, certain regulatory actions will not occur 
until the date specified in the regulatory text.

FOR FURTHER INFORMATION CONTACT: Sandra Webb, (202) 366-8553, Office of 
Hazardous Materials Standards, Research and Special Programs 
Administration.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 8, 2002, the Research and Special Programs Administration 
(RSPA, we) published a final rule under Docket No. 01-10373 (HM-220D) 
(67 FR 51625) amending the requirements of the Hazardous Materials 
Regulations applicable to the maintenance, requalification, repair, and 
use of DOT specification cylinders. The August 8, 2002 final rule, 
amended 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 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 consolidated requirements for obtaining approval to 
be a cylinder requalifier, or an 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.
    We received approximately 20 appeals of the implementation of HM-
220D, either in total or in part. We received appeals from 
representatives of industrial gas trade associations, gas distributors, 
shippers, carriers, cylinder manufacturers and requalifiers.

Extension of Compliance Date

    Most appellants request that we extend the October 1, 2002 
effective date for certain requirements adopted in the final rule. They 
state a 60-day implementation period is unreasonable for certain 
requirements. They request that we delay implementation of the 
particular requirements until we have had an opportunity to further 
review and address their specific concerns. We agree that the October 1 
effective date of certain provisions should be extended. Therefore, in 
this final rule, we are providing a May 30, 2003 compliance date for 
the following requirements:

--Sections 173.40(b) and 173.301a(d)(3)--Requiring the pressure at 55 
[deg]C (131 [deg]F) in a cylinder not to exceed the service pressure of 
the cylinder. This provision affects Hazard Zone B gases, such as 
hydrogen sulfide.
--Sections 173.301(f)(2) and 177.840(a)(1)--Requiring the inlet port to 
the relief channel of the pressure relief device, when installed, must 
be in the cylinder's vapor space.
--Section 173.301(f)(3)--Requiring the set pressure of the pressure 
relief device to be at test pressure with a tolerance of -10% to +0 for 
DOT 3-series cylinders.
--Section 173.301(h)(2)--Allowing cylinders filled with a flammable, 
corrosive, or noxious gas to have the valves protected by loading the 
cylinders in an upright position and securely bracing in cars or motor 
vehicles, when loaded by the consignor and unloaded by the consignee.

Editorial Corrections and Clarifications

    Appellants expressed concern about a requirement in the August 8, 
2002 final rule that prohibits a welded cylinder from being used for 
Hazard Zone A materials (see Sec. Sec.  173.226(a) and 173.228(b) of 
the August 8, 2002 final rule). Appellants ask us to provide time for 
transporting filled cylinders for reprocessing or disposal of the 
cylinder's contents. We agree. In this final rule, we are revising the 
prohibition to permit a welded cylinder that is filled with a Hazard 
Zone A material prior to October 1, 2002, to be transported for 
reprocessing or disposal until April 1, 2003.
    In addition, in this final rule, we are clarifying a requirement 
applicable to cylinders used to transport oxygen. In Sec.  173.302, the 
August 8, 2002 final rule included provisions applicable to aluminum 
cylinders used to transport oxygen. One of the requirements states that 
each valve or portion of a valve that comes into contact with the 
oxygen being transported must be constructed of brass or stainless 
steel. Several appellants point out that some aluminum oxygen cylinders 
have valve components made of non-metallic materials that may come in 
contact with the oxygen. It was not our intention to require persons 
transporting oxygen in aluminum cylinders to replace non-metallic 
valves or valve components with brass or stainless steel. Therefore, in 
this final rule we are clarifying that metallic portions of valves that 
may come into contact with the oxygen in the cylinder must be 
constructed of brass or stainless steel.
    Appellants also point out that we inadvertently excepted all 
acetylene cylinders from the valve protection requirements in Sec.  
173.301(h) of the August 8, 2002 final rule. Appellants are correct 
that this was not our intent. As we stated in the preamble to the final 
rule (67 FR 51631), our intention was to except only acetylene MC 
cylinders and other types of small-capacity cylinders from the valve 
protection requirements. Therefore, in this final rule, we are revising 
the exception for acetylene cylinders to except small capacity MC and B 
style cylinders from valve protection requirements.

Partial Denial of Appeals

    CGA and several other appellants also contend that HM-220D was 
issued as a final rule with no opportunity for public comment. They 
state that HM-220D should be withdrawn and converted to an NPRM with 
sufficient time provided for persons to review and comment on the 
proposals. We do not agree. We proposed to make the changes adopted 
under HM-220D in a notice of proposed rulemaking published under Docket 
No. RSPA-98-3684 (HM-220) on October 30, 1998 (63 FR 58460). The 
comment period for HM-220 closed September 30, 1999. In addition, we 
held three public meetings to discuss the HM-220 proposals on December 
8, 1998 (63 FR 58460; October 30, 1998), January 28, 1999 (63 FR 72224; 
December 31, 1998), and April 13-15, 1999 (64 FR 9114; February 24, 
1999). On February 13, 2002, we separated the proposals applicable to 
current DOT specification

[[Page 61289]]

cylinders, from those applicable to the metric-marked cylinders, and 
placed them under Docket No. RSPA-01-10373 (HM-220D) (67 FR 6667). 
Therefore, RSPA finds the appellants' claim that we did not provide the 
public with an opportunity to comment on this rule is without merit and 
is denied.
    RSPA's procedural regulations for handling appeals of final rules 
require us to take action on appeals within 90 days after the date of 
publication of the final rule (see 49 CFR 106.130). If we anticipate 
that our decision on an appeal may be delayed beyond the 90-day time 
frame, we must provide notice of the delay in the Federal Register. For 
the August 8, 2002 final rule, the 90-day deadline is November 6, 2002. 
We intend to consider the issues raised by appellants concerning the 
above listed sections of the August 8, 2002 final rule as expeditiously 
as possible; however, it is unlikely that we will be able to resolve 
all the issues by November 6, 2002. We plan to address all issues 
raised by appellants by May 30, 2003.

List of Subjects

49 CFR Part 173

    Hazardous materials transportation, 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.


    In consideration of the foregoing, title 49, Chapter I of the Code 
of Federal Regulations, is amended as follow:

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

    1. 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.


    2. In Sec.  173.40, as revised at 67 FR 51642, effective October 1, 
2002, revise paragraph (b) to read as follows:


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

* * * * *
    (b) Outage and pressure requirements. For Hazard Zone A and, after 
May 30, 2003, Hazard Zone B materials, 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).
* * * * *

    3. In Sec.  173.226, as amended at 67 FR 51643, effective October 
1, 2002, revise paragraph (a) 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. However, a welded cylinder filled before 
October 1, 2002, may be transported for reprocessing or disposal of the 
cylinder's contents until April 1, 2003.
* * * * *

    4. In Sec.  173.228, as revised at 67 FR 51643, effective October 
1, 2002, revise paragraph (b) to read as follows:


Sec.  173.228  Bromine pentaflouride or bromine trifluoride

* * * * *
    (b) A material in Hazard Zone A must be transported in a seamless 
specification cylinder conforming to the requirements of Sec.  173.40. 
However, a welded cylinder filled before October 1, 2002, may be 
transported for reprocessing or disposal of the cylinder's contents 
until April 1, 2003. No cylinder may be equipped with a pressure relief 
device.

    5. In Sec.  173.301, as revised at 67 FR 51643, effective October 
1, 2002, the following amendments are made:
    a. Paragraphs (f)(2), (f)(3), (h)(1)(vii) are revised.
    b. The word ``or'' at the end of paragraph (h)(2)(ii) is removed.
    c. The period at the end of paragraph (h)(2)(iii) is removed and 
``; or'' is added in its place.
    d. Paragraph (h)(2)(iv) is added.
    The amendments read as follows:


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

* * * * *
    (f) * * *
    (2) After May 30, 2003, 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 after May 30, 2003, the set pressure of 
the pressure relief device must be at test pressure with a tolerance of 
-10% to +0.
* * * * *
    (h) * * *
    (1) * * *
    (vii) A ``B'' style cylinder with a capacity of 40 ft \3\ (1.13 
m\3\) or an ``MC'' style cylinder with a capacity of 10 ft \3\ 
(0.28m\3\) containing acetylene.
    (2) * * *
    (iv) Notwithstanding the provisions of paragraph (h)(2) 
introductory text of this section, until May 30, 2003, by loading the 
cylinders in an upright position and securely bracing the cylinders in 
cars or motor vehicles, when loaded by the consignor and unloaded by 
the consignee.
* * * * *

    6. In Sec.  173.301a, as added at 67 FR 51645, effective October 1, 
2002, revise paragraph (d)(3) to read as follows:


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

* * * * *
    (d) * * *
    (3) After May 30, 2003, for toxic materials the pressure in the 
cylinder at 55[deg] C (131[deg] F) may not exceed the service pressure 
of the cylinder.
* * * * *

    7. In Sec.  173.302, as revised at 67 FR 51646, effective October 
1, 2002, revise paragraph (b)(1) to read as follows:


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

* * * * *
    (b) * * *
    (1) Metallic portions of a valve that may come into contact with 
the oxygen in the cylinder must be constructed of brass or stainless 
steel.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

    8. The authority citation for Part 177 continues to read as 
follows:

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


Sec.  177.840  [Amended]

    9. In Sec.  177.840, as amended at 67 FR 51652, effective October 
1, 2002, the last sentence in paragraph (a)(1) is amended by removing 
the wording ``A cylinder containing'' and adding in its place ``After 
May 30, 2003, a cylinder containing''.

    Issued in Washington DC on September 24, 2002, under authority 
delegated in 49 CFR Part 1.
Elaine E. Joost,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 02-24707 Filed 9-27-02; 8:45 am]
BILLING CODE 4910-60-P