[Federal Register Volume 68, Number 89 (Thursday, May 8, 2003)]
[Rules and Regulations]
[Pages 24653-24664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11334]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107, 171, 173, 177 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; 
Response to Appeals and Extension of Compliance Dates

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

ACTION: Final rule; response to appeals.

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SUMMARY: On August 8, 2002, RSPA published a final rule under Docket 
No. RSPA-01-10373 (HM-220D) amending the requirements of the Hazardous 
Materials Regulations applicable to the maintenance, requalification, 
repair, and use of DOT specification cylinders. The revisions 
simplified the regulations, responded to petitions for rulemaking, 
addressed recommendations of the National Transportation Safety Board, 
and enhanced the safe transportation of hazardous materials in 
cylinders. In response to appeals submitted by persons affected by the 
August 8, 2002 final rule, this final rule amends certain requirements, 
extends certain compliance dates, and makes minor editorial 
corrections.

DATES: Effective Date: This rule is effective June 9, 2003.
    Compliance Date: Delayed compliance dates for certain regulatory 
provisions are set forth in the regulatory text.

FOR FURTHER INFORMATION CONTACT: Sandra Webb, (202) 366-8553, Office of 
Hazardous Materials Standards or Mark Toughiry, 202-366-4545, Office of 
Hazardous Materials Technology, Research and Special Programs 
Administration, U.S. Department of Transportation, 400 Seventh Street, 
SW., Washington, DC 20590-0001.

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 (HMR; 49 CFR parts 171-180) applicable to the maintenance, 
requalification, repair, and use of DOT specification cylinders.

[[Page 24654]]

    We received more than 20 appeals. Several appellants filed 
supplements to their initial appeals of the implementation of HM-220D, 
either in total or in part. Appellants included the Air Conditioning 
and Refrigeration Institute, American Trucking Associations, Compressed 
Gas Association (CGA), Dangerous Goods Advisory Council, Fire 
Suppression Systems Association (FSSA), National Propane Gas 
Association (NPGA) and representatives of cylinder and equipment 
manufacturers, refillers and users, distributors, and shippers. Because 
of opposition to certain requirements in the August 8, 2002 final rule, 
we published a final rule in the Federal Register on September 30, 2002 
(67 FR 51626), extending the compliance date for certain provisions 
until May 30, 2003. This extension allowed RSPA to fully evaluate the 
issues raised by the appellants. The September 30, 2002 final rule 
extended the compliance date for the following requirements:
    --Sec. Sec.  173.40(b) and 173.301a(d)(3)--Prohibiting the pressure 
at 55 [deg]C (131 [deg]F) in a cylinder from exceeding the service 
pressure of the cylinder. This provision affects Hazard Zone B gases, 
in particular hydrogen sulfide.
    --Sec. Sec.  173.301(f)(2) and 177.840(a)(1)--Requiring the inlet 
port to the relief channel of a pressure relief device, when installed, 
to be in the cylinder's vapor space.
    --Sec.  173.301(f)(3) and 180.205(c)(4)--Requiring the set pressure 
of the pressure relief device to be at test pressure with a tolerance 
of minus 10% to plus zero for DOT 3-series cylinders.
    --Sec.  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 rail cars or 
motor vehicles, when loaded by the consignor and unloaded by the 
consignee.

Discussion and Resolution of Appeals

    Sections 173.40(b) and 173.301a(d)(3). The August 8, 2002 final 
rule contains a requirement that the pressure of a Hazard Zone A or B 
toxic by inhalation hazard material at 55 [deg]C (131 [deg]F) may not 
exceed the service pressure of the cylinder and that sufficient outage 
must be provided so that the cylinder will not be liquid full at 55 
[deg]C (131 [deg]F). CGA and another appellant state that this revision 
would affect the shipment of hydrogen sulfide, a Hazard Zone B 
material, in DOT specification 3A and 3AA480 cylinders, as authorized 
in Sec.  173.304a. Specifically, the appellants point out that the 
pressure of hydrogen sulfide at 55 [deg]C (131 [deg]F) exceeds the 480 
psi marked service pressure for DOT 3A and 3AA480 cylinders. They also 
note that the Sec.  173.304a table continues to authorize DOT 
specification cylinders with a marked service pressure of 480 psi, thus 
creating a conflict with the provisions in Sec.  173.40(b). The 
appellants are correct that an inconsistency exists between the 
provisions in Sec.  173.40(b) and the entry in Sec.  173.304a table for 
hydrogen sulfide. Hydrogen sulfide has a vapor pressure of about 545 
psi at 55 [deg]C (131 [deg]F). Therefore, in this final rule, we are 
revising the hydrogen sulfide entry in the Sec.  173.304a table. This 
revised entry permits the continued use of currently authorized 
cylinders for hydrogen sulfide until December 31, 2003. After the 
transition period, hydrogen sulfide must be transported in a cylinder 
that conforms to the requirements in Sec.  173.40(b). Also, for 
consistency we are extending the dates in Sec. Sec.  173.40(b) and 
173.301a(d)(3) to December 31, 2003.
    In addition, an appellant notes that throughout the HMR, the normal 
filling densities and liquid-full conditions for liquefied compressed 
gas in cylinders are based on two temperatures, ``54 [deg]C (130 
[deg]F)'' and ``55 [deg]C (131 [deg]F).'' The appellant suggests that 
one set of values be used. We agree and are revising the pressure 
reference temperature to read ``55 [deg]C (131 [deg]F)'' throughout the 
HMR, except in Sec.  173.306. This reference temperature is consistent 
with that used in the United Nations Recommendations on the Transport 
of Dangerous Goods (UN Model Regulations).
    Sections 173.301(f)(2) and 177.840(a)(1). Appellants express 
concern about the requirement in the August 8, 2002 final rule that the 
inlet port to the relief channel of a pressure relief device (PRD), 
when installed, must be in the cylinder's vapor space. Several 
appellants maintain that it is not possible to assure that the PRD is 
in communication with the vapor space. They further state that vapor 
space shifts based on the orientation of a cylinder, thus making it 
impossible to insure that the inlet port to the PRD is always in the 
cylinder's vapor space. Other appellants, representing the fire 
suppression industry, express concern that the current configuration of 
most fire suppression cylinders locates the inlet port to the pressure 
relief device in a siphon tube, which communicates directly with the 
liquid portion of the contents rather than the vapor space. 
Consequently, this requirement would ban most fire suppression 
cylinders from transportation. The appellants state that in order to 
comply with the requirement, fire suppression cylinders would have to 
be redesigned to increase flow capacity and resubmitted to Underwriters 
Laboratories for testing and approval. They argue that this process 
effectively could take eighteen months or more. Moreover, several 
appellants cite test data generated in the late 1970s by CGA, with DOT 
participation, demonstrating that the current PRDs operate as designed 
regardless of whether the PRD inlet port is in the liquid or vapor 
space of the cylinder. CGA furnished a copy of the bonfire test data 
used to support the adequacy of PRDs conforming to CGA Pamphlet S-1.1.
    Based on the merits of the comments and test data, we agree that 
the current requirements in CGA Pamphlet S-1.1 are adequate, regardless 
of whether the inlet port to a PRD communicates with the liquefied gas 
or the vapor space. However, it remains our position that, in a fire, a 
cylinder that vents a liquefied flammable gas poses a greater risk than 
if it vents vapors. Appellants support continuing to apply the 
requirement to liquefied flammable gases to minimize the amount of gas 
released and potential for initiation of the gas. Therefore, we are 
revising Sec. Sec.  173.301(f)(2) and 177.840(a)(1) to require that the 
PRD be in the vapor space of cylinders used to transport Division 2.1 
(flammable gas) materials, only.
    Sections 173.301(f)(3) and 180.205(c)(4). Sections 173.301(f)(3) 
and 180.205(c)(4) set forth requirements for PRDs. The August 8, 2002 
final rule requires that PRDs for DOT-3 series cylinders must be set at 
100% of test pressure, with an allowable tolerance of minus 10% to plus 
zero. CGA and several other appellants oppose this requirement, stating 
that it does not take into consideration that several types of PRDs are 
activated either by pressure, temperature or both. For example, 
appellants state that certain PRDs, such as CG-2, CG-3, and CG-9 
devices, are fusible plug devices activated by temperature and not by 
pressure. PRDs incorporating a CG-1, CG-4, and CG-5 device are 
activated by pressure or a combination of temperature and pressure. 
Similarly, other appellants state that the requirements specified in 
CGA Pamphlet S-1.1 restrict certain PRDs, such as CG-2, CG-3, and CG-7 
devices, to service pressures below 500 psig, regardless of the test 
pressure of the cylinder. The appellants request that the provision 
requiring PRDs on DOT 3-series cylinders be set at 100% of test 
pressure, with an allowable tolerance of minus 10% to plus zero apply 
to the CG-1, CG-4, and CG-5 PRDs, only. We

[[Page 24655]]

agree with the appellants and have made the appropriate changes.
    In addition, FSSA and other appellants in the fire protection 
industry emphasize that cylinders used for fire extinguishers have 
assemblies consisting of a combined rupture disk and holder as 
specified in CGA Pamphlet S-1.1, paragraph 6.3.2. These appellants 
reiterate that CGA Pamphlet S-1.1 stipulates an operating tolerance of 
minus 15% to plus zero for PRDs with a holder. We agree that while the 
rupture disks are designed with a tolerance of minus 10% to plus zero, 
when a disk is placed inside a holder, the disk may rupture below its 
allowable tolerance of 10%. Therefore, we are allowing an additional 5% 
tolerance, as allowed in CGA S-1.1-1994, paragraph 6.3.2, for a 
combined rupture disk and holder. We are revising Sec. Sec.  
173.301(f)(3) and 180.205(c)(4) for consistency with these tolerances 
requirements.
    Section 173.301(h)(2). Section 173.301 sets forth the requirements 
for cylinder valve protection. The August 8, 2002 final rule 
discontinues an authorization that allows protection of the valves by 
loading and securing the cylinders in an upright position in cars and 
motor vehicles, when loaded by the consignor and unloaded by the 
consignee. An appellant, opposing the removal of this provision, states 
that shipping experience using this particular method has proven to be 
adequate and requests that the authorization be continued.
    Based upon the appellant's request that this method be allowed for 
cylinders manufactured before October 1, 2007, in the September 30, 
2002 final rule we adopted a new paragraph (h)(2)(iv) to permit 
continuance of the authorization until May 30, 2003. Upon further 
consideration of the impact on industry and the changes adopted in 
Sec.  177.840(a)(1), we agree that the authorization should be 
continued for cylinders properly secured in rail cars and motor 
vehicles during transportation. Therefore, we are revising paragraph 
(h)(2)(iv) to continue the authorization.
Section by Section Review
    The following is a section-by-section summary of changes and, where 
applicable, a discussion of appeals received.
Part 107
    Section 107.803. Section 107.803 sets forth the application 
procedures for approval as an Independent Inspection Agency (IIA). In 
the August 8, 2002 final rule, we inadvertently omitted a provision 
contained in former Sec.  173.300a. The provision authorizes an 
approved IIA to perform other inspections and functions relating to the 
inspections and verifications of cylinders used in the transportation 
of hazardous materials. We are correcting the oversight by adding this 
provision in a new paragraph (e) in this final rule.
    Section 107.805. Section 107.805 sets forth application procedures 
for persons seeking approval to perform periodic cylinder 
requalification. In the August 8, 2002 final rule, we inadvertently 
omitted a provision contained in former Sec.  173.34(e)(2)(iv). The 
provision requires a person who holds a current requalification 
identification number (RIN) to inform RSPA in writing within 20 days of 
any change in the company's address, cylinder qualification personnel 
or testing equipment. The requirement to notify RSPA of these changes 
is reiterated in all RIN issuance letters. We are correcting the 
oversight by adding the provision in a new paragraph (e) in this final 
rule.
Part 171
    Section 171.12. In paragraph (b)(15), we are revising the reference 
``173.301(j) through (l)'' to read ``173.301(j) through (m)'' for 
consistency with a change made in the paragraph designations in Sec.  
173.301 of this final rule.
    Section 171.12a. In paragraph (b)(13), we are revising the 
reference ``Sec.  173.301(i) and (j)'' to read ``Sec.  173.301(j) 
through (m)'' for consistency with a change made in the paragraph 
designations in Sec.  173.301 of this final rule.
Part 173
    Section 173.40. Section 173.40 sets forth the general packaging 
requirements for toxic materials packaged in cylinders. An appellant 
requests that we reconsider the compliance date of a requirement 
contained in paragraph (a)(2) that permits a DOT 3AL cylinder made of 
aluminum alloy 6351-T6 filled with a Hazard Zone A material prior to 
October 1, 2002, to be offered for transportation and transported to 
its ultimate destination for reprocessing or disposal until April 1, 
2003. The appellant states that the April 1, 2003 compliance date did 
not provide sufficient time to recover affected cylinders. Because 
cylinders made of aluminum alloy 6351-T6 are susceptible to sustained 
load cracking, we are not extending the April 1, 2003 compliance 
deadline date in this final rule. However, persons who may need to 
transport a filled cylinder for recovery or reprocessing after April 1, 
2003, may submit an application for exemption in accordance with the 
procedures in 49 CFR 107.105 or 107.117.
    We are revising paragraph (b), as discussed earlier in this 
preamble, to extend the compliance date for the requirement that the 
service pressure of a cylinder used for a Hazard Zone B material equal 
or exceed the material's vapor pressure at 55 [deg]C (131 [deg]F) until 
December 31, 2003.
    An appellant questions whether the requirement in paragraph (c) 
that each cylinder valve outlet must be closed with a plug or valve 
applies to any amount of Division 2.3 Hazard Zone A gas. The 
requirements of Sec.  173.40 for Division 2.3 Hazard Zone A gases apply 
to any quantity of hazardous material, including residues and mixtures 
that meet the definition for this division and zone. Further, this 
requirement has been in effect since October 1, 1991.
    In paragraph (d)(2), we are revising the valve protection 
requirements to provide that when a protective device or overpack is 
used, it must be designed to protect the valve from breakage or leakage 
resulting from a drop of 2.0 m (7 ft) onto a non-yielding surface, such 
as concrete or steel. An appellant states that although a deformed 
valve is undesirable, a deformed valve should be acceptable if there is 
no loss of contents. We agree and are removing the requirement that the 
valve be protected from deformation.
    Section 173.163. We are making a minor editorial change in this 
section.
    Section 173.181. We are removing a reference to former Sec.  
173.34(d)(6).
    Section 173.226 and 173.228. We are revising Sec. Sec.  173.226(a) 
and 173.228(b) to allow welded cylinders filled before October 1, 2002 
with Hazard Zone A materials to be transported until December 31, 2003, 
for reprocessing or disposal of the contents. An appellant requests 
that we allow welded cylinders filled with Hazard Zone A material 
before October 1, 2002, to be returned empty to the shipper without any 
time limitation. Because of the inherent risks posed by using welded 
cylinders for toxic by inhalation hazard materials, we do not agree 
that an unlimited time period should be granted.
    Section 173.301. Paragraph (a) includes general cylinder 
requirements for shipment of compressed gases in cylinders and 
spherical pressure vessels. We are revising the wording in paragraph 
(a)(3) to require the replacement of a leaking PRD where the leak is 
through the fusible metal and the opening in the plug body. An 
appellant states that most gas suppliers do not have the skills to 
perform these repairs on defective PRDs; therefore, the device

[[Page 24656]]

should be replaced and not repaired. We agree with the appellant.
    As discussed earlier in this preamble, we are making several 
changes to the PRD requirements in paragraph (f). We are revising 
paragraph (f)(2) to require the PRD to be in the vapor space of a 
cylinder only when it contains a Division 2.1 (flammable gas) material. 
In paragraph (f)(3), we are applying the operating tolerance 
requirements to types CG-1, CG-4, and CG-5 PRDs only. We are also 
allowing an additional 5% tolerance when a PRD is fitted in a disk 
holder.
    A commenter pointed out that the PRD requirement in paragraph 
(f)(3) also should apply to a DOT 3T cylinder when fitted with a PRD. 
We agree that these safety controls should apply and are including the 
DOT 3T cylinder in the provision.
    An appellant requests that in paragraph (f)(5)(i) we revise the 
wording ``or a nonliquefied gas to a pressure of 1800 psig or higher'' 
to read ``or a nonliquefied gas to a pressure greater than 1800 psig.'' 
The appellant states that this change would permit vast numbers of 
``DOT E1800 lecture bottles'' which are rated for 1800 psi and do not 
have a PRD to continue to be shipped. We do not agree with the 
appellant. The provision requiring a cylinder filled with a 
nonliquefied gas to a pressure of 1800 psi or higher at 70 [deg]F to 
have a PRD was adopted into the regulations before 1950. We proposed no 
revision to the requirement. Therefore, the appellant's request is 
outside the scope of this rulemaking and the requirement is retained.
    Paragraph (g) sets forth requirements for manifolding cylinders in 
transportation. We are revising the wording in paragraph (g)(1) to 
allow PRDs on manifolded horizontal cylinders, mounted on a motor 
vehicle or in a framework, to be based on the lowest marked pressure of 
any individual cylinder in the manifold unit. Appellants state that 
allowing the manifolded cylinders to have PRDs with the same pressure 
setting will enhance safety because the set pressure on the individual 
cylinders will not exceed the minimum test pressure of the cylinders. 
We agree and have revised the provision accordingly. In addition, the 
PRD setting of any horizontal cylinder removed from an existing 
manifold and installed into a different manifold must meet the 
requirements in paragraph (g)(1) to prevent the premature release of 
cylinder contents during transportation.
    Another appellant requests the removal of a requirement in 
paragraph (g)(1) stating that PRDs 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. The appellant states 
that the requirement is unnecessary for Division 2.2 (non-flammable) 
gases and would impose considerable costs with no increase in safety. 
It was our intent to prevent, after a PRD activates, a condition that 
restricts the gas from releasing from the device. We are revising the 
requirement for clarity.
    Paragraph (h) sets forth requirements for cylinder valve 
protection. As discussed earlier in this preamble, we are revising 
paragraph (h)(2) for cylinders manufactured before October 1, 2007, to 
allow cylinders to have their valves protected by loading the cylinders 
in an upright position and securely restraining them in rail cars or 
motor vehicles, when loaded by the consignor and unloaded by the 
consignee.
    Paragraph (h)(3) contains valve protection requirements for 
cylinders manufactured on and after October 1, 2007. An appellant who 
opposes the requirement requests that it be removed. The appellant 
states that with an estimated 100 million seamless and welded cylinders 
in circulation within the United States, other than acetylene 
cylinders, a 5-year transition period does not provide sufficient time 
for the changeover to a new valve protection system. Further, the 
appellant states that the valve caps currently in use may not meet the 
new requirement, and a new design that is different from existing 
designs will be required to prevent older style caps from being used on 
cylinders manufactured after October 1, 2007.
    Another appellant requests a revision to paragraph (h)(3) to 
require that cylinder caps and valve guards meeting the new performance 
drop test adopted in the August 8, 2002 final rule be stamped with the 
marking ``Sec.  173.301(h)(3).'' The appellant states that, without 
this marking, no means exist to identify the caps and valve guards 
conforming to the performance requirement; thus, the rule would be 
unenforceable. We do not agree with the first appellant's request that 
paragraph (h)(3) be removed. The performance requirement provides 
increased assurance that the valves will be protected if the cylinder 
is dropped onto a concrete surface. The August 8, 2002 final rule 
provides a five-year transition period to facilitate compliance with 
the requirement.
    We believe the latter appellant's suggestion that some means should 
be used to identify cylinder valve caps and guards that meet the new 
performance requirement has merit. However, we did not include a 
marking requirement in the notice of proposed rulemaking (Docket HM-
220, 63 FR 58460, October 30, 1998). Therefore, the request is beyond 
the scope of this rulemaking. Even though we did not propose a method 
to distinguish valve caps and guards conforming to the performance 
requirement, we encourage industry to employ effective methods. We will 
consider proposing a marking requirement in a future rulemaking.
    Paragraph (i)(3) addresses cylinders longer than 2 m (6.5 ft) 
horizontally mounted on motor vehicles or in frames. The appellant who 
opposed the requirement in paragraph (h)(2) that PRDs be arranged in 
such a manner as to prevent any escaping gas from contacting personnel 
or any adjacent cylinders also opposed a similar provision in this 
paragraph. We are revising the provision to clarify that gas released 
from the device must be unobstructed.
    In the August 8, 2002 final rule, we inadvertently omitted 
reciprocity provisions contained in former Sec.  173.301(i)(2). The 
provisions authorize cylinders marked ``CTC'' and conforming to 
Canadian Transport of Dangerous Goods Regulations to be transported to, 
from or within the United States under certain conditions. We are 
correcting the oversight by adding the provisions in paragraph (m) in 
this final rule.
    Section 173.301a. Paragraph (d)(3) is revised for consistency with 
the provisions in Sec.  173.40 which contains general packaging 
requirements for Hazard Zone A and B materials.
    Section 173.302a. An appellant expresses concern that the 
regulatory text adopted in paragraph (b)(3)(iii) conflicts with the 
preamble discussion of this section contained in the August 8, 2002 
final rule. The regulatory text states that compliance with the average 
wall stress limitation may be met by computing the elastic expansion 
rejection limit (REE) in accordance with CGA Pamphlet C-5. However, the 
preamble states ``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.'' The appellant states that CGA Pamphlet C-5 has 
allowed persons other than the manufacturer to determine and mark the 
REE on the cylinder for years. With this being the case, there is no 
way to differentiate between an REE marking made by the manufacturer or 
some other person. We disagree with appellant. In our review of CGA 
Pamphlet C-5, we found no

[[Page 24657]]

provision that allows the REE to be stamped by persons other than the 
cylinder manufacturer. This fact was verified with CGA.
    Section 173.304. For uniformity with other references in the HMR, 
the reference to temperature ``54 [deg]C (130 [deg]F)'' is revised to 
read ``55 [deg]C (131 [deg]F).''
    Section 173.304a. In paragraph (a)(2) table the heading reference 
``Sec. Sec.  173.301(a)(1), 173.301(a)(4)'' in column three is revised 
to read ``Sec. Sec.  173.301(l), 173.301a(e), and 180.205(a)'' for 
consistency with the provisions in the HMR. For uniformity with other 
temperature references in the HMR, we are revising the wording ``Not 
liquid full at 130 [deg]F'' and ``Not liquid at 130 [deg]F'' to read 
``Not liquid full at 131[deg]F'' in the following entries: 
``Dichlorodifluoromethane and difluoroethane mixture,'' ``Insecticide, 
gases liquefied,'' ``Liquefied nonflammable gases, other than 
classified flammable, corrosive, toxic & mixtures or solution thereof 
filled w/nitrogen, carbon dioxide, or air,'' and ``Methyl acetylene-
propadiene, mixtures, stabilized.''
    We are correcting several shipping names by replacing the word 
``inhibited'' with the word ``stabilized'' for the entries, 
``Tetrafluoroethylene/inhibit,'' ``Trifluorochloroethylene, 
inhibited,'' ``Vinyl fluoride, inhibited,'' and ``Vinyl methyl ether, 
inhibited.'' These changes were adopted in a separate final rule 
(Docket No. RSPA-2000-7702 (HM-215D), June 21, 2001, 66 FR 33316) that 
made revisions to harmonize the HMR with the standards contained in the 
UN Model Regulations.
    In paragraph (c), for uniformity with other references in the HMR, 
we are revising the reference temperature ``54 [deg]C (130 [deg]F)'' to 
read ``55 [deg]C (131 [deg]F).''
    In paragraph (d), the specific gravity ``9.504'' is in error. We 
are correcting the value to read ``0.504.''
    Section 173.305. In paragraph (b), for uniformity with other 
references in the HMR, we are revising the reference temperature ``54 
[deg]C (130 [deg]F)'' to read ``55 [deg]C (131 [deg]F).''
    Section 173.306. In paragraph (g)(5), we are revising the reference 
``Sec.  173.301(a)(8)'' to correctly reference the outer packaging 
requirements for cylinders that are now contained in Sec.  173.301(h).
Part 177
    Section 177.840. As discussed earlier in this preamble, we are 
revising paragraph (a)(1) to apply the requirement that a cylinder 
fitted with a PRD must be in communication with the vapor space to 
Division 2.1 (flammable gas) material, only.
    An appellant states that paragraph (a)(1), as written, prohibits 
the use of other freight as a means of securement to prevent movement 
of cylinders under normal conditions of transportation. Also read 
literally, the wording requires boxes containing cylinders to be 
securely attached to the motor vehicle. The appellant states that for-
hire carriers cannot comply with the requirements. It was not our 
intent to require that the boxes be attached to the vehicle. We are 
revising the wording in this paragraph for clarity. However, as adopted 
in the August 8, 2002 final rule, the cylinders must be secured on the 
vehicle to prevent their being shifted, overturned or ejected from the 
vehicle under normal transportation conditions. Further, because we are 
continuing to allow the protection of the valves to be met by loading 
the cylinder in an upright position under Sec.  173.301(h)(2) of this 
final rule, it is crucial that the cylinders be properly secured and 
restrained during transportation. Depending on the size and weight of 
the cylinders, the use of other freight as the sole means of securement 
may not be entirely sufficient.
Part 178
    Section 178.46. An appellant requests that the maximum amount of 
lead (Pb) and bismuth (Bi) for aluminum alloy 6061 be changed to 0.003 
percent from 0.005 percent for consistency with the values adopted in 
ISO 7866 and the UN Model Regulations. As we stated in the August 8, 
2002 final rule, we adopted the limits based on chemical composition 
prescribed for unlisted metallic elements specified in Table 1 of ASTM 
B221. We plan to address cylinders manufactured to the UN Model 
Regulations in a future rulemaking.
Part 180
    Section 180.203. NPGA requests a revision of the definition of 
``commercially free of corrosive components'' to include a reference to 
Table 1 in the Gas Processors Association (GPA) Standard 2140. In the 
final rule, we provided for cylinders used for petroleum gases meeting 
the moisture and corroding component limits in ASTM D-1835, ``Standard 
Specification for Liquefied Petroleum (LP) Gases,'' to be given an 
external visual inspection in place of a pressure test. We adopted this 
provision in Sec.  180.209, in paragraph (e) and the table in paragraph 
(g). NPGA states that GPA 2140, ``Liquefied Petroleum Gas Specification 
and Test Methods'' is a technically equivalent standard to ASTM D-1835 
and contains the same provisions relative to moisture content and 
control of sulfur compounds as the ASTM standard. NPGA expresses 
concern that propane marketers whose supplier contracts may reference 
GPA 2140 rather than ASTM D-1835 could effectively be precluded from 
performing external visual inspections. We do not agree that the 
definition for ``commercially free of corrosive components'' should be 
revised. We are including a provision to recognize standards that are 
equivalent to ASTM D-1835 in Sec.  180.209(e) and the table in 
paragraph(g).
    An appellant requests a revision to the definition of ``Non-
corrosive service'' to specifically include oxygen. The appellant 
states that including oxygen will allow cylinders used in oxygen 
service to be periodically retested once every 10 years instead of once 
every five years. We do not agree that the definition for ``non-
corrosive service'' should be revised to include oxygen. Oxygen may be 
corrosive when it contains moisture or other impurities. Furthermore, 
current Sec.  180.209(b) provides that a DOT 3A or 3AA cylinder may be 
requalified every ten years instead of five years if used for oxygen 
that is commercially free of corroding components.
    An appellant requests a revision to the definition of ``Over-
heated'' to add a statement that reads ``WARNING: This requirement 
pertains to an instantaneous heating. This requirement does not imply 
that heating cylinders at slightly lower temperatures for longer 
periods of time is an acceptable practice. Before heating cylinders for 
any purpose, the manufacturer should be contacted for time and 
temperature relationships and limits.'' The appellant states that there 
is a time requirement that must be considered when heating cylinders. 
The effects on the material are cumulative. Therefore, this warning 
statement alerts the user to the time interval associated with proposed 
temperature and to contact the manufacturer for heating operations. We 
agree that metal degradation is dependent on both temperature and time. 
However, we do not agree the definition of ``over-heated'' should be 
revised. The definition of ``over-heated'' in Sec.  180.203 applies to 
the condemnation criteria for aluminum cylinders during the 
requalification process and not to instances which may require a 
cylinder to be heated. Therefore, revising the definition to include a 
warning statement is not warranted. We recommend that users contact the 
manufacturers for restrictions on heating aluminum cylinders.

[[Page 24658]]

    Section 180.205. Paragraph (c) sets forth requirements for periodic 
requalification of cylinders. As discussed earlier in this preamble, we 
are revising paragraph (c)(4) to require the PRD to be in the vapor 
space of a cylinder only when it contains a Division 2.1 (flammable 
gas) material. Also as discussed earlier, in paragraph (f)(3), we are 
applying the operating tolerance requirements to CG-1, CG-4, and CG-5 
PRDs only.
    Paragraph (d) sets forth conditions requiring test and inspection 
of cylinders. An appellant requests a revision to state that the 
inspection and test are required when the cylinder shows evidence of 
dents, corrosion, cracked or abraded areas, leakage, thermal damage 
``in excess of what is permitted by CGA Pamphlets C-6, C-6.1, C-6.2, C-
6.3, C-8 or C-13.'' The appellant states that, as written, any of the 
listed conditions, regardless of how inconsequential, would require 
requalifying the cylinder. Therefore, the requested revision better 
reflects what is intended and current industry practice. We do not 
agree with the appellant. The requirement does not apply ``regardless 
of how inconsequential'' the condition of the cylinder. Rather, as 
stated, the requirement to perform a test and inspection applies to 
conditions that might render the cylinder ``unsafe for use in 
transportation.'' The requirement is retained.
    Paragraph (f) sets forth the visual inspection requirements for 
cylinders. We are revising paragraph (f)(4), containing inspection 
requirements for cylinders made of aluminum alloy 6351-T6, to remove 
the wording ``in accordance with the cylinder manufacturer's written 
recommendations, which must be approved in writing by the Associate 
Administrator.'' Requalifiers are to inspect the neck and shoulder 
areas of these cylinders for evidence of sustained load cracking using 
any appropriate procedure. We are developing an NPRM to address the 
inspection of these cylinders.
    Paragraph (g) sets forth the pressure test requirements for 
cylinders. In paragraph (g)(2), we are revising the reference ``0.1 
cm3'' to read ``0.1 cc'' because the acronym ``cc'' is a 
more recognizable unit of measure. In paragraph (g)(3)(ii), the 
reference ``0.1 cubic centimeter'' is removed and ``0.1 cc'' is added 
in its place for consistency with the change in paragraph (g)(2).
    Section 180.209. In the table in paragraph (a), we are revising the 
heading to column 3 to read ``Requalification period (years)'' in place 
of ``Test period (years)'' to more accurately reflect that a 
requalification may be an inspection or a test.
    In the August 8, 2002 final rule, we revised paragraph (b)(1)(ii) 
to allow cylinders containing ``fluorinated hydrocarbons, liquefied 
hydrocarbons, and mixtures thereof which are commercially free from 
corroding components'' and certain other gases to be requalified every 
ten years instead of every five years. An appellant states that 
chlorinated hydrocarbons have properties similar to fluorinated 
hydrocarbons and, therefore, should be listed. We agree and are adding 
an entry for ``chlorinated hydrocarbons and mixtures thereof that are 
commercially free from corroding components'' in paragraph (a)(1)(ii) 
in this final rule. For the same reason, we are adding an entry for 
chlorinated hydrocarbons in the table in paragraph (g). Also in the 
table in paragraph (g), we are correcting the entry ``Ethyleneimine, 
inhibited'' by replacing the word ``inhibited'' with the word 
``stabilized.'' In addition, as stated earlier in the preamble 
discussion to Sec.  180.203, we are revising the wording in Sec.  
180.209(e) and the table in paragraph (g) to recognize standards that 
are equivalent to ASTM D-1835.
    In the August 8, 2002 final rule, we inadvertently omitted a 
requirement in former Sec.  173.34(e)(15) stating that a DOT 3HT 
cylinder must be requalified in accordance with CGA Pamphlet C-8. We 
are redesignating current paragraph (k) as paragraph (l) and adding the 
provision in new paragraph (k) in this final rule.
    Finally, in this section, we are correcting several section 
references.
    Section 180.211. In paragraph (d)(1)(iii), we are correcting a 
section reference.
    Section 180.215. In paragraph (b)(1), we are correcting the 
paragraph heading ``Pressure test records'' to read ``Calibration test 
records'' to correctly identify the records prescribed in this 
paragraph. The pressure test records are prescribed in paragraph 
(b)(2).

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 and was not reviewed by the 
Office of Management and Budget. The rule is not considered significant 
under the Regulatory Policies and Procedures of the Department of 
Transportation (44 FR 11034).
    This final rule amends an August 8, 2002 final rule that made 
revision to requirements applicable to the maintenance, 
requalification, repair and use of DOT specification cylinders. A 
regulatory evaluation prepared for the August 8, 2002 final rule is 
available for review in the docket. The original regulatory evaluation 
was not modified because the amendments herein do not impose additional 
requirements and are not substantive changes to 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 no new costs of compliance on the regulated 
industry and, in fact, should reduce overall costs of compliance. Based 
on the assessment in the original 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 for 
the August 8, 2002 final rule 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

[[Page 24659]]

    (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
    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 amendments contained in this final rule imposes no 
changes to the information collection and recordkeeping requirements 
contained in the August 8, 2002 final rule, which was approved by the 
Office of Management and Budget under the provisions of 44 U.S.C. 
chapter 35 and assigned control numbers 2137-0022 (approved through 09/
30/2005) and 2137-0557 (approved through 12/31/2005).
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 relaxes certain provisions contained in an August 
8, 2002 final rule. The August 8, 2002 final rule incorporates new 
cylinder technologies through new and updated incorporations by 
reference of consensus standards developed by CGA; increases 
flexibility for cylinder requalifiers, and users; and facilitates 
compliance with the HMR by clarifying and reorganizing regulatory 
requirements applicable to cylinders. In addition, the August 8, 2002 
final rule improves the overall safety performance of DOT specification 
cylinders by addressing several identified safety problems. The August 
8, 2002 final rule contains revisions to minimize unintentional 
releases of hazardous materials from cylinders during transportation 
and, therefore, will reduce environmental damage associated with such 
releases. To the extent that the revisions in this final rule maintain 
an equivalent level of safety for transportation of hazardous materials 
in cylinders, 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, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging 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 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Railroad safety, and Reporting and 
recording requirements.

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

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


0
3. In Sec.  107.803, paragraph (e) is added to read as follows:


Sec.  107.803  Approval of independent inspection agency.

* * * * *
    (e) After approval, the Associate Administrator may authorize, upon 
request, the independent inspection agency to perform other inspections 
and functions for which the Associate Administrator finds the applicant 
to be qualified. Such additional authorizations will be noted on each 
inspection agency's approval documents.

0
4. In Sec.  107.805, paragraph (g) is added to read as follows:


Sec.  107.805  Approval of cylinder requalifiers.

* * * * *
    (g) Each holder of a current RIN shall report in writing any change 
in its name, address, ownership, testing equipment, or management or 
personnel performing any function under this section, to the Associate 
Administrator (DHM-32) within 20 days of the change.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
5. The authority citation for part 171 continues to read as follows:

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


Sec.  171.12  [Amended]

0
6. In Sec.  171.12, paragraph (b)(15) is amended by removing the 
wording ``173.301(j) through (l)'' and adding ``173.301(j) through 
(m)'' in its place.


Sec.  171.12a  [Amended]

0
7. In Sec.  171.12a, paragraph (b)(13) is amended by removing the 
wording

[[Page 24660]]

``173.301(i) and (j)'' and adding ``173.301(j) through (m)'' in its 
place.

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

0
8. The authority citation for part 173 continues to read as follows:

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

0
9. In Sec.  173.40, paragraphs (b) and (d)(2) are revised to read as 
follows:


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

* * * * *
    (b) Outage and pressure requirements. The pressure at 55 [deg]C 
(131 [deg]F) of Hazard Zone A and, after December 31, 2003, Hazard Zone 
B materials 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).
* * * * *
    (d) * * *
    (2) Each cylinder with a valve must be equipped with a protective 
metal cap, other valve protection device, or an overpack which is 
sufficient to protect the valve from 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.
* * * * *

0
10. 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 volumetric expansion test, 
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 periodic requalification becomes due. 
Cylinders removed from hydrogen fluoride service must be condemned in 
accordance with Sec.  180.205 of this subchapter and, at the direction 
of the owner, the cylinder may be rendered incapable of holding 
pressure.


Sec.  173.181  [Amended]

0
11. In Sec.  173.181, the last sentence in paragraph (a)(2) is amended 
by removing the reference ``Sec. Sec.  173.34(d)(6) and 177.838(h)'' 
adding ``Sec.  177.838(h)'' in its place.

0
12 In Sec.  173.226, paragraph (a) is revised to read as follows:


Sec.  173.226  Materials poisonous by inhalation, Division 6.1, Packing 
Group 1, 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 December 31, 2003.
* * * * *

0
13. In Sec.  173.228, paragraph (b) is revised to read as follows:


Sec.  173.228  Bromine pentafluoride 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, in accordance 
with the requirements of this subchapter in effect at the time of 
filling, may be transported for reprocessing or disposal of the 
cylinder's contents until December 31, 2003. No cylinder may be 
equipped with a pressure relief device.


Sec.  173.301  [Amended]

0
14. In Sec.  173.301, the following amendments are made:
0
a. Paragraph (a) is amended by removing the reference ``173.302 through 
173.305'' and adding ``173.301a through 173.305'' in its place.
0
b. Paragraphs (a)(3), (f)(2), (f)(3), (g)(1) introductory text, 
(h)(2)(iv), (i)(3), and the beginning of the first sentence in 
paragraph (h)(3) introductory text, are revised.
0
c. Paragraph (m) is redesignated as paragraph (n) and a new paragraph 
(m) is added.
    The revisions and additions read as follows:


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

* * * * *
    (a) * * *
    (3) Pressure relief devices must be tested for leaks before a 
filled cylinder is shipped from the cylinder filling plant. It is 
expressly forbidden to repair a leaking fusible plug device where the 
leak is through the fusible metal or between the fusible metal and the 
opening in the plug body, except by removal and replacement of the 
pressure relief device.
* * * * *
    (f) * * *
    (2) After December 31, 2003, a pressure relief device, when 
installed, must be in communication with the vapor space of a cylinder 
containing a Division 2.1 (flammable gas) material.
    (3) For a specification 3, 3A, 3AA, 3AL, 3AX, 3AXX, 3B, 3BN, or 3T 
cylinder filled with gases in other than Division 2.2, beginning with 
the first requalification due after December 31, 2003, the burst 
pressure of a CG-1, CG-4, or CG-5 pressure relief device must be at 
test pressure with a tolerance of plus zero to minus 10%. An additional 
5% tolerance is allowed when a combined rupture disk is placed inside a 
holder. This requirement does not apply if a CG-2, CG-3 or CG-9 
thermally activated relief device or a CG-7 reclosing pressure valve is 
used on the cylinder.
* * * * *
    (g) * * *
    (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, 
except that pressure relief devices on manifolded horizontal cylinders 
that are mounted on a motor vehicle or framework may be selected as to 
type, location, and quantity according to the lowest marked pressure 
limit of an individual cylinder in the manifolded unit. The pressure 
relief devices selected for the manifolded unit must have been tested 
in accordance with CGA pamphlets S-1.1 and S-7 (incorporated by 
reference; see Sec.  171.7 of this subchapter). Pressure relief devices 
on manifolded horizontal cylinders filled with a compressed gas must be 
arranged to discharge unobstructed to the open air. In addition, for 
Division 2.1 (flammable gas) material, the PRDs must be arranged to 
discharge upward to prevent any escaping gas from contacting personnel 
or 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:
* * * * *

[[Page 24661]]

    (h) * * *
* * * * *
    (2) For cylinders manufactured on or after October 1, 2007, * * *
* * * * *
    (iv) By loading the cylinders in an upright position and securely 
bracing the cylinders in rail cars or motor vehicles, when loaded by 
the consignor and unloaded by the consignee.
    (i) * * *
    (3) The pressure relief device must be arranged to discharge 
unobstructed to the open air. In addition, for Division 2.1 (flammable 
gas) material, the pressure relief devices must be arranged to 
discharge upward to prevent any escaping gas from contacting personnel 
or any adjacent cylinders.
* * * * *
    (m) Canadian cylinders in domestic use. A Canadian Transport 
Commission (CTC) specification cylinder manufactured, originally marked 
and approved in accordance with the CTC regulations and in full 
conformance with the Canadian Transport of Dangerous Goods (TDG) 
Regulations is authorized for the transportation of a hazardous 
material to, from or within the United States under the following 
conditions:
    (1) The CTC specification corresponds with a DOT specification and 
the cylinder markings are the same as those specified in this 
subchapter except that they were originally marked with the letters 
``CTC'' in place of ``DOT'';
    (2) The cylinder has been requalified under a program authorized by 
the Canadian TDG regulations or requalified in accordance with the 
requirements in Sec.  180.205 within the prescribed requalification 
period provided for the corresponding DOT specification;
    (3) When the regulations authorize a cylinder for a specific 
hazardous material with a specification marking prefix of ``DOT'', a 
cylinder marked ``CTC'' which otherwise bears the same markings that 
would be required of the specified ``DOT'' cylinder may be used; and
    (4) Transport of the cylinder and the material it contains is in 
all other respects in conformance with the requirements of this 
subchapter (e.g. valve protection, filling requirements, operational 
requirements, etc.).
* * * * *

0
15. In Sec.  173.301a, paragraph (d)(3) is revised to read as follows:


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

* * * * *
    (d) * * *
    (3) The pressure at 55 [deg]C (131 [deg]F) of Hazard Zone A and, 
after December 31, 2003, Hazard Zone B materials, 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).
* * * * *


Sec.  173.304  [Amended]

0
16. In Sec.  173.304, in paragraphs (b) and (d), the temperature ``54 
[deg]C (130 [deg]F)'' is revised to read ``55 [deg]C (131 [deg]F)'' 
each place it appears.

0
17. In Sec.  173.304a, the following amendments are made:
0
a. In the table in paragraph (a)(2):
0
1. The table heading is revised;
0
2. For the entry ``Dichlorodifluoromethane and difluoroethane mixture 
(constant boiling mixture) (R-500) (see Note 8)'', in column 2, the 
wording ``Not liquid full at 130 [deg]F'' is revised to read ``Not 
liquid full at 131 [deg]F'';
0
3. For the entry ``Hydrogen sulfide (see Note 10)'' in column one, the 
wording ``see Note 10'' is revised to read ``see Notes 10 and 14'';
0
4. For the entry ``Insecticide, gases liquefied (see Notes 8 and 12)'', 
in column 2, the wording ``Not liquid full at 130 [deg]F'' is removed 
and the wording ``Not liquid full at 131 [deg]F'' is added in its 
place;
0
5. For the entry ``Liquefied nonflammable gases, other than classified 
flammable, corrosive, toxic & mixtures or solution thereof filled w/
nitrogen, carbon dioxide, or air (Notes 7 and 8)'', in column 2, the 
wording ``Not liquid full at 130 [deg]F'' is revised to read ``Not 
liquid full at 131 [deg]F'';
0
6. For the entry ``Methyl acetylene-propadiene, mixtures, stabilized 
DOT-3A240; (see Note 5)'', in column 2, the wording ``Not liquid at 130 
[deg]F'' is revised to read ``Not liquid full at 131 [deg]F'';
0
7. For the entry ``Tetrafluoroethylene/inhibit'', in column 1, the 
wording is revised to read ``Tetrafluoroethylene, stabilized'';
0
8. For the entry ``Trifluorochloroethylene, inhibited'', in column 1, 
the wording is revised to read ``Trifluorochloroethylene, stabilized'';
0
9. For the entry ``Vinyl fluoride, inhibited'', in column 1, the 
wording is revised to read ``Vinyl fluoride, stabilized'';
0
10. For the entry ``Vinyl methyl ether, inhibited (see Note 5)'', in 
column 1, the wording is revised to read ``Vinyl methyl ether, 
stabilized''; and
0
11. Following the table, Note 14 is added.
0
b. Paragraph (c) and the first sentence in paragraph (d)(4) are 
revised.
    The additions and revisions read as follows:


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

    (a) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                                                                        Packaging marked as shown in this column
                                                                        or of the same type with higher service
                                            Maximum permitted filling  pressure must be used, except as provided
               Kind of gas                   density (percent) (see     in Sec.  Sec.   173.301(l), 173.301a(e),
                                                     Note 1)              and 180.205(a) (see notes following
                                                                                         table)
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
Dichlorodifluoromethane and                Not liquid full at 131      DOT-3A240; DOT-3AA240; DOT-3B240; DOT-
 difluoroethane mixture (constant boiling   [deg]F.                     3E1800; DOT-4A240; DOT-4B240; DOT-
 mixture) (R-500) (see Note 8).                                         4BA240; DOT-4BW240; DOT-4E240; DOT-9;
                                                                        DOT-39.
                                                  * * * * * * *
Hydrogen sulfide (see Notes 10 and 14)...  62.5......................  DOT-3A480; DOT-3AA480; DOT-3B480; DOT-
                                                                        4A480; DOT-4B480; DOT-4BA480; DOT-
                                                                        4BW480.; DOT-3E1800; DOT-3AL480.
Insecticide, gases liquefied (see Notes 8  Not liquid full at 131      DOT-3A300; DOT-3AA300; DOT-3B300; DOT-
 and 12).                                   [deg]F.                     4B300; DOT-4BA300; DOT-4BW300; DOT-9;
                                                                        DOT-40; DOT-41; DOT-3E1800.
Liquefied nonflammable gases, other than   Not liquid full at 131      Specification packaging authorized in
 classified flammable, corrosive, toxic &   [deg]F.                     paragraph (a)(1) of this section and DOT-
 mixtures or solution thereof filled w/                                 3HT; DOT 4D; DOT-4DA; DOT-4DS.
 nitrogen, carbon dioxide, or air (Notes
 7 and 8).

[[Page 24662]]

 
Methyl acetylene-propadiene, mixtures,     Not liquid full at 131      DOT-4B240 without brazed seams; DOT-
 stabilized DOT-3A240; (see Note 5).        [deg]F.                     4BA240 without brazed seams; DOT-3A240;
                                                                        DOT-3AA240; DOT-3B240; DOT-3E1800; DOT-
                                                                        4BW240; DOT-4E240; DOT-4B240ET; DOT-4;
                                                                        DOT-41; DOT-3AL240.
                                                  * * * * * * *
Tetrafluoroethylene, stabilized..........  90........................  DOT-3A1200; DOT-3AA1200; DOT-3E1800.
Trifluorochloroethylene, stabilized......  115.......................  DOT-3A300; DOT-3AA300; DOT-3B300; DOT-
                                                                        4A300; DOT-4B300; DOT-4BA300; DOT-
                                                                        4BW300; DOT-3E1800.
                                                  * * * * * * *
Vinyl fluoride, stabilized...............  62........................  DOT-3A1800; DOT-3AA1800; DOT-3E1800; DOT-
                                                                        3AL1800.
Vinyl methyl ether, stabilized (see Note   68........................  DOT-4B150, without brazed seams; DOT-
 5).                                                                    4BA225 without brazed seams; DOT-4BW225;
                                                                        DOT-3A150; DOT-3AA150; DOT-3B1800; DOT-
                                                                        3E1800.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Note 14: The use of DOT specification cylinder with a marked 
service pressure of 480 psi is authorized until December 31, 2003.

* * * * *
    (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 55 
[deg]C (131 [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) * * *
    (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 0.504 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. * * *
* * * * *


Sec.  173.305  [Amended]

0
18. In Sec.  173.305, in paragraph (b), the term ``130 [deg]F'' is 
revised to read ``131 [deg]F''.

0
19. 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 outer packaging in 
accordance with Sec.  173.301(h).
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
20. The authority citation for part 177 continues to read as follows:

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


0
21. 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 must be securely 
restrained in an upright or horizontal position, loaded in racks, or 
packed in boxes or crates to prevent the cylinders from being shifted, 
overturned or ejected from the motor vehicle under normal 
transportation conditions. However, after December 31, 2003, a pressure 
relief device, when installed, must be in communication with the vapor 
space of a cylinder containing a Division 2.1 (flammable gas) material.
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
22. The authority citation for part 180 continues to read as follows:

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


0
23. In Sec.  180.205, the following changes are made:
0
a. Paragraphs (c)(4) and (f)(4) are revised.
0
b. In paragraph (g)(2), the reference ``0.1 cm3'' is removed 
and ``0.1 cc'' is added in its place.
0
c. In paragraph (g)(3)(ii), the reference ``0.1 cubic centimeter'' is 
removed and ``0.1 cc'' is added in its place.
    The revisions read as follows:


Sec.  180.205  General requirements for requalification of cylinders.

* * * * *
    (c) * * *
    (4) For a specification 3, 3A, 3AA, 3AL, 3AX, 3AXX, 3B, 3BN, or 3T 
cylinder filled with gases in other than Division 2.2, from the first 
requalification due on or after December 31, 2003, the burst pressure 
of a CG-1, CG-4, or CG-5 pressure relief device must be at test 
pressure with a tolerance of plus zero to minus 10%. An additional 5% 
tolerance is allowed when a combined rupture disc is placed inside a 
holder. This requirement does not apply if a CG-2, CG-3 or CG-9 
thermally activated relief device or a CG-7 reclosing pressure valve is 
used on the cylinder.
* * * * *
    (f) * * *
    (4) In addition to other requirements prescribed in this paragraph 
(f), a specification or exemption cylinder made of aluminum alloy 6351-
T6 must be inspected for evidence of sustained load cracking (SLC) in 
the neck and shoulder area.
* * * * *

0
24. In Sec.  180.209, the following amendments are made:
0
a. In the table in paragraph (a)(1):
0
1. In Column 3, the heading ``Test period (years)'' is revised to read 
``Requalification period (years)';
0
2. For the entry ``3HT'', in column 3, the wording ``3 (see Sec. Sec.  
180.209(i) and 180.213(c))'' is revised to read ``3 (see Sec. Sec.  
180.209(k) and 180.213(c))';
0
3. For the entry ``4AA480'', in column 3, the wording ``5 or 10 (see 
Sec.  180.209(e)(14)'' is revised to read ``5 or 10 (see Sec.  
180.209(h))'';
0
4. For the entry ``Foreign cylinder (see Sec.  173.301(j) of this 
subchapter for restrictions on use).'', in column 3, the wording

[[Page 24663]]

``5 (see Sec. Sec.  180.209(k) and 180.213(d)(iii))'' is revised to 
read ``5 (see Sec. Sec.  180.209(l) and 180.213(d)(2))''; and
0
5. In note 2 following the table, the reference ``Sec.  173.301(e)(1)'' 
is revised to read ``Sec.  173.301a(b)''.
0
b. In paragraph (b)(1)(ii), the wording ``fluorinated hydrocarbons, 
liquefied hydrocarbons, and mixtures thereof that are commercially free 
from corroding components;'' is revised to read ``chlorinated 
hydrocarbons, fluorinated hydrocarbons, liquefied hydrocarbons, and 
mixtures thereof that are commercially free from corroding 
components;''.
0
c. Paragraph (e) is revised.
0
d. In the table in paragraph (g), a new entry is added immediately 
following the third entry.
0
e. In the table in paragraph (g), the entry for ``Liquefied petroleum 
gas'' and the last entry are revised.
0
f. Paragraph (k) is redesignated as paragraph (l) and a new paragraph 
(k) is added.
    The additions and revisions read as follows:


Sec.  180.209  General requirements for requalification of cylinders.

    (a) * * *
    (1) * * *

               Table 1.--Requalification of Cylinders \1\
------------------------------------------------------------------------
  Specification under which       Minimum test         Requalification
      cylinder was made        pressure (psig) \2\     period (years)
------------------------------------------------------------------------
                               * * * * * *
3HT.........................  5/3 times service     3 (see Sec.  Sec.
                               pressure.             180.209(k) and
                                                     180.213(c)).
                               * * * * * *
4AA480......................  2 times service       5 or 10 (see Sec.
                               pressure (see Sec.    180.209(h)).
                                180.209(g)).
                               * * * * * *
Foreign cylinder (see Sec.    As marked on          5 (see Sec.  Sec.
 173.301(j) of this            cylinder, but not     180.209(l) and
 subchapter for restrictions   less than 5/3 of      180.213(d)(2)).
 on use).                      any service or
                               working pressure
                               marking.
------------------------------------------------------------------------
* * * * *
\2\ For cylinders not marked with a service pressure, see Sec.
  173.301a(b) of this subchapter.

* * * * *
    (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 detail requirement limits in Table I of 
ASTM D 1835, ``Standard Specification for Liquefied Petroleum (LP) 
Gases'' (incorporated by reference; see Sec.  171.7 of this subchapter) 
or an equivalent standard containing the same limits; 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 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.
* * * * *
    (g) * * *

------------------------------------------------------------------------
       Cylinders conforming to--              Used exclusively for--
------------------------------------------------------------------------
                              * * * * * * *
DOT 3A, DOT 3AA, DOT 3A480X, DOT 4B,     Chlorinated 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 petroleum gas that
 DOT 4B, DOT 4BA, DOT 4BW, DOT 4E.        meets the detail requirements
                                          limits in Table 1 of ASTM
                                          1835, Standard Specification
                                          for Liquefied Petroleum (LP)
                                          Gases (incorporated by
                                          reference; see Sec.   171.7 of
                                          this subchapter) or an
                                          equivalent standard containing
                                          the same limits.
                              * * * * * * *
DOT 4B240, DOT 4BW240..................  Ethyleneimine, stabilized.
                              * * * * * * *
------------------------------------------------------------------------


[[Page 24664]]

* * * * *
    (k) 3HT cylinders. In addition to the other requirements of this 
section, a cylinder marked DOT-3HT must be requalified in accordance 
with CGA Pamphlet C-8.


Sec.  180.211  [Amended]

0
25. In Sec.  180.211, in paragraph (d)(1)(iii), the reference 
``180.215(d)(2)'' is removed and ``180.215(c)(2)'' is added in its 
place.


Sec.  180.215  [Amended]

0
26. In Sec.  180.215, in paragraph(b)(1), the heading ``Pressure test 
records.'' is removed and ``Calibration test records.'' is added in its 
place.

    Issued in Washington DC on May 2, 2003, under authority 
delegated in 49 CFR part 1.
Edward A. Brigham,
Acting Deputy Administrator, Research and Special Programs 
Administration.
[FR Doc. 03-11334 Filed 5-5-03; 3:52 pm]
BILLING CODE 4910-60-P