[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Proposed Rules]
[Pages 11768-11801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3859]



[[Page 11767]]

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Part III





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration



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49 CFR Parts 107, 171, et al.



Hazardous Materials: Requirements for UN Cylinders; Proposed Rule

  Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

[Docket No. PHMSA-2005-17463 (HM-220E)]
RIN 2137-AD91


Hazardous Materials: Requirements for UN Cylinders

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations 
(HMR) to adopt standards for the design, construction, maintenance and 
use of cylinders and multiple-element gas containers (MEGCs) based on 
the standards contained in the United Nations (UN) Recommendations on 
the Transport of Dangerous Goods. Aligning the HMR with the UN 
Recommendations will promote flexibility, permit the use of 
technological advances for the manufacture of pressure receptacles, 
provide for a broader selection of pressure receptacles, reduce the 
need for exemptions, and facilitate international commerce in the 
transportation of compressed gases.

DATES: Comments must be received by July 7, 2005.

ADDRESSES: You may submit comments to Docket No. PHMSA-05-17463 (HM-
220E) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 202- 493-2251.
     Mail: Docket Management System; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Docket Management System; Room PL-401 on 
the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. Comments should identify the docket number (PHMSA-05-
17463). If sent by mail, comments are to be submitted in duplicate. 
Persons wishing to receive confirmation of receipt of their comments 
should include a self-addressed stamped postcard. Internet users may 
access all comments received by the Department of Transportation at 
http://dms.dot.gov. Note that all comments received will be posted 
without change to http://dms.dot.gov including any personal information 
provided. Please see the Privacy Act heading under Regulatory Analyses 
and Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Duane Pfund, telephone number (202) 
366-0656, Assistant International Standards Coordinator; Mark Toughiry, 
telephone number (202) 366-4545, Office of Hazardous Materials 
Technology; or Sandra Webb, telephone number (202) 366-8553, Office of 
Hazardous Materials Standards, Research and Special Programs 
Administration, U.S. Department of Transportation, Washington, DC 
20590-0001.

SUPPLEMENTARY INFORMATION:

List of Topics

I. Background
II. Overview of Proposed Changes in This NPRM
III. UN Pressure Receptacles and MEGCs--Design and Construction 
Requirements
    A. Refillable Seamless Steel Cylinders
    B. Refillable Seamless Steel Tubes
    C. Refillable Seamless Aluminum Alloy Cylinders
    D. Refillable Seamless Acetylene Cylinders
    E. Non-Refillable Metallic Cylinders
    F. Refillable Composite Cylinders
    G. MEGCs
IV. Pressure Receptacles--Initial and Subsequent Design Type Review 
and Approval Process
V. MEGCs--Initial Design Type Review and Approval Process
VI. Qualification and Approval Process for Persons Performing 
Pressure Certifications
    A. Inspection Bodies
    1. Independent Inspection Agencies (IIAs)
    2. Approval Agencies
    B. Manufacturers
    C. Requalifiers
VII. UN Cylinders and Tubes--Requalification Requirements
VIII. Pressure Receptacles--Filling Limits
IX. Summary of Proposed Regulatory Changes by Part
X. Rulemaking Analyses and Notices

I. Background

    On October 30, 1998, the Research and Special Programs 
Administration (RSPA), the predecessor agency to the Pipeline and 
Hazardous Materials Safety Administration (PHMSA, we), published a 
notice of proposed rulemaking (NPRM) under Docket HM-220 (63 FR 58460). 
In the NPRM, we proposed, among other changes, to amend the Hazardous 
Materials Regulations (HMR; 49 CFR parts 171-180) to establish four (4) 
new metric-marked DOT cylinder specifications to replace twelve (12) 
current cylinder specifications. The proposed specifications were more 
performance-oriented than the current DOT cylinder specifications, and 
were based, in part, on draft standards developed by the International 
Standards Organization (ISO) and the European Committee for 
Standardization.
    Most commenters objected to adoption of specifications based on 
draft ISO standards. These commenters were concerned that the draft ISO 
standards could be changed and that cylinders manufactured to the draft 
standards might not be accepted for transportation in the world market. 
The commenters requested that we delay consideration of the proposed 
metric-marked cylinder specifications until the ISO completed its work 
on the international cylinder standards, and the UN Sub-Committee of 
Experts on the Transport of Dangerous Goods incorporated the ISO 
standards into the UN Recommendations on the Transport of Dangerous 
Goods (UN Model Regulations). Based on the merits of those comments, we 
agreed that the proposed metric-marked cylinder standards and related 
proposals that were based on draft ISO standards should not be adopted. 
On February 13, 2002, we published a notice withdrawing the metric-
marked cylinder standards and related proposals and transferring the 
remaining proposals to Docket No. HM-220D (67 FR 6667) that was 
finalized August 8, 2002 (67 FR 51626).
    The UN Model Regulations establish international standards for the 
safe transportation of hazardous materials. The UN Model Regulations 
are not regulations, but rather recommendations issued by the UN Sub-
Committee of Experts on the Transport of Dangerous Goods (UN Sub-
Committee of Experts). These recommendations are amended and updated 
biennially by the UN Sub-Committee of Experts. They serve as the basis 
for national, regional, and international modal regulations,

[[Page 11769]]

including the International Maritime Dangerous Goods (IMDG) Code issued 
by the International Maritime Organization, and the International Civil 
Aviation Organization Technical Instructions for the Safe Transport of 
Dangerous Goods by Air (ICAO Technical Instructions) issued by the ICAO 
Dangerous Goods Panel. The HMR authorize domestic transportation of 
hazardous materials shipments prepared in accordance with the IMDG Code 
if all or part of the transportation is by vessel, subject to certain 
conditions and limitations, and the transportation of hazardous 
materials shipments prepared in accordance with the ICAO Technical 
Instructions for transportation by aircraft and by motor vehicle either 
before or after being transported by aircraft.
    Since 1999, the UN Sub-Committee of Experts has been working to 
develop international standards for the design, construction, 
inspection, and testing of cylinders and other pressure receptacles for 
inclusion in the UN Model Regulations. The objective was to develop 
requirements that can be globally accepted for international 
transportation, storage, and use. Representatives from the European 
Industrial Gases Association, the Compressed Gas Association, the 
European Cylinder Makers Association, the International Standards 
Organization Technical Committee 58 (ISO/TC 58), and many specialist 
government officials, including cylinder experts from DOT, participated 
in the UN Sub-Committee of Experts' efforts.
    The standards developed for cylinders and other gas receptacles 
address manufacture, approval, filling, and use. The cylinders and 
other gas receptacles must be in compliance with ISO standards for 
design, manufacture, and testing; constructed of materials that are 
compatible with the gas to be contained in the cylinder, as established 
in ISO standards; and periodically inspected according to ISO 
standards. The standards were adopted by the UN Sub-Committee of 
Experts in 2001 and 2004 and are included in the 13th and 14th Edition 
of the UN Model Regulations. Cylinders manufactured in accordance with 
these requirements are marked with the internationally recognized UN 
mark, which ensures that the cylinders are acceptable world-wide.
    The continually increasing amount of hazardous materials 
transported in international commerce warrants the harmonization of 
domestic and international requirements to the greatest extent 
possible. Harmonization serves to facilitate international 
transportation and at the same time ensures the safety of people, 
property and the environment. While the intent of the harmonization 
rulemakings is to align the HMR with international standards, we review 
and consider each amendment on its own merit. Each amendment is 
considered on the basis of the overall impact on transportation safety 
and the economic implications associated with its adoption into the 
HMR. Our goal is to harmonize without sacrificing the current HMR level 
of safety and without imposing undue burdens on the regulated public. 
To this end, we are proposing to adopt the UN standards for cylinders 
(pressure receptacles limited to a water capacity of 150 L), tubes 
(pressure receptacles with a water capacity exceeding 150 L and not 
more than 3,000 L capacity), cylinder bundles (cylinders held together 
in a frame and manifolded together with up to a total water capacity of 
3,000 L or 1,000 L for toxic gases), and multiple element gas 
containers (MEGCs) into the HMR. Our proposal does not remove existing 
requirements for DOT specification cylinders; rather, we propose to 
incorporate the UN standards so that a shipper may use either a DOT 
specification cylinder or a UN standard pressure receptacle as 
appropriate for individual gases and circumstances. The goal of this 
rulemaking is to promote flexibility and permit the use of advanced 
technology for the manufacture and use of pressure receptacles, to 
provide for a broader selection of authorized pressure receptacles, 
reduce the need for exemptions, and to facilitate international 
transportation.
    DOT technical experts participated in evaluating the ISO standards 
on which the UN Model Regulations applicable to pressure receptacles 
are based. We believe that the design, manufacturing, and test 
requirements provide an equivalent level of safety as the DOT cylinder 
requirements. Copies of the ISO standards are available for review in 
the public docket for this rulemaking. The public docket may be viewed 
in Room PL-401 of the Nassif Building, 400 7th Street, SW., Washington, 
DC 20590.

II. Overview of Proposed Changes in This NPRM

    This NPRM proposes to amend the HMR to incorporate:
--Design, construction and testing requirements for refillable seamless 
aluminum alloy cylinders conforming to ISO 7866;
--Design, construction and testing requirements for refillable seamless 
steel cylinders conforming to ISO 9809-1, ISO 9809-2, and ISO 9809-3;
--Design, construction and testing requirements for non-refillable 
metallic cylinders conforming to ISO 11118;
--Design, construction and testing requirements for composite cylinders 
conforming to ISO 11119-1, 11119-2 and 11119-3, with certain 
limitations;
--Design, construction and testing requirement for refillable seamless 
steel tubes with a water capacity between 150 L and 3,000 L conforming 
to ISO 11120;
--Design, construction and testing requirements for UN acetylene 
cylinders conforming to applicable ISO standards, except the cylinders 
must be refillable, made of stainless steel, filled with a suitable 
quantity of solvent (solvent-free not authorized) and fitted with 
suitable fusible plugs;
--Design, construction and testing requirements for MEGCs;
--Requalification of UN pressure receptacles, including pressure 
receptacles installed as components of MEGCs;
--A quality conformity assessment system for UN pressure receptables 
consistent with section 6.2.2.5 of the UN Model Regulations;
--A 10-year requalification interval for UN pressure receptacles, 
except for acetylene and composite cylinders and pressure receptacles 
used for certain specifically named gases; and
--Filling densities prescribed in P200 of the UN Model Regulations for 
UN pressure receptacle or the requirements in proposed Sec.  173.302b 
or Sec.  173.304b in this NPRM.

    Consistent with the current HMR, we are proposing to require UN 
pressure receptacles to meet the pressure relief requirements in Sec.  
173.301(f), and aluminum alloy oxygen cylinders to have straight 
(parallel) threads. In addition, we are proposing to require each new 
UN pressure receptacle and MEGC design type to be approved by the 
Associate Administrator and marked with the letters ``USA,'' to 
identify the United States of America as a country of approval. The USA 
country of approval marking will be required on all UN pressure 
receptacles manufactured within or being shipped to, from, or within 
the United States.

III. UN Pressure Receptacles and MEGCs--Design and Construction 
Requirements

    The UN Model regulations define four types of gas pressure 
receptacles--gas cylinder, pressure drum, tube and bundle of cylinders. 
As defined in the UN Model Regulations, a cylinder is a

[[Page 11770]]

pressure receptacle with a water capacity not exceeding 150 liters. A 
pressure drum is a welded pressure receptacle with a water capacity 
exceeding 150 liters but not more than 1,000 liters. A tube is a 
seamless pressure receptacle with a water capacity exceeding 150 liters 
but not more than 3,000 liters. A bundle of cylinders is an assembly of 
cylinders that is fastened together, interconnected by a manifold and 
transported as a unit; the total water capacity of the bundle may not 
exceed 3,000 liters, or 1,000 liters when used for Division 2.3 gases.
    In this NPRM, we are proposing to adopt the UN Model Regulations 
requirements for seamless cylinders and tubes, bundles of cylinders, 
and MEGCs. The ISO has not finalized its design and construction 
standards for pressure drums or welded cylinders; therefore, we are not 
proposing to adopt these pressure receptacle requirements in this NPRM. 
Thus, the term ``pressure receptacle'' as used in this NPRM refers to 
cylinders and tubes.
    We are proposing to provide for a wider selection of pressure 
receptacles by providing for cylinders, tubes, and MEGCs constructed 
and certified to the referenced ISO standards and Part 178 
requirements. Our present DOT certification system for domestically 
manufactured seamless cylinders, with the exception of the 3B, 3BN and 
3E specifications, requires inspections and verifications of newly 
produced cylinders to be performed by independent inspection agencies 
(IIAs). With the exception of cylinders manufactured outside the United 
States and certain exemption cylinders, PHMSA does not conduct an audit 
of the cylinder manufacturer's operations prior to initial manufacture.
    In this NPRM, we are proposing to require each facility that 
manufactures UN pressure receptacles within the United States and 
foreign manufacturers of UN pressures receptacles used for transporting 
hazardous materials to, from or within the United States to be approved 
by the Associate Administrator. Approval of a pressure receptacle 
manufacturer will be accomplished through approval of:

--Each initial pressure receptacle design type. Prior to manufacture, 
each manufacturer of UN pressure receptacles will be required to have 
each initial pressure receptacle design type reviewed by an IIA and 
approved by the Associate Administrator.
--The pressure receptacle manufacturer's quality system. Each 
manufacturer of UN pressure receptacles will be required to have its 
quality system documented in the form of written policies, procedures, 
and instructions. A manufacturer's technical knowledge, skill and 
integrity are some factors that provide assurance to pressure 
receptacle purchasers and the general public that pressure receptacles 
comply with the HMR and are safe transport of hazardous materials. The 
current HMR requirements contain no formalized criteria for the 
assessment of these factors. Each manufacturer will be required to 
demonstrate its knowledge and technical expertise by manufacturing a 
production lot while being audited by PHMSA personnel.
--The production IIA. During the production run, this IIA has the 
responsibility for ensuring that each pressure receptacle produced by 
the manufacturer conforms to the applicable specification requirements. 
The current application procedures for IIAs in Subpart I of Part 107 
would apply. During PHMSA's audit of the pressure receptacle 
manufacturer, the production IIA will be required to perform all 
prescribed inspections and verifications during the production run.
--The proposed requirements in Sec.  Sec. 178.69 and 178.70 for the 
design and construction of pressure receptacles are consistent with 
those in the UN Model Regulations, except as noted in the following 
discussions. All pressure receptacles and MEGCs designed and 
constructed in full conformance with the applicable requirements will 
be marked with the UN designation, the letters ``USA,'' and the 
manufacturer's approval number. Any UN pressure receptacle or MEGC not 
marked in this manner and with the letters ``USA'' as a country of 
approval will not be authorized to be filled, offered or accepted for 
transportation within the United States. We believe this approach will 
maintain the high level of safety existing within the United States 
while facilitating trade worldwide.

A. Refillable Seamless Steel Cylinders

    This NPRM proposes to allow the use of refillable seamless steel 
cylinders designed, constructed, and tested to the following standards:
    ISO 9809-1 ``Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1100 MPa.'' 
This standard specifies minimum requirements for the material, design, 
construction and workmanship, manufacturing processes, and tests at 
manufacture for refillable quenched and tempered seamless steel gas 
cylinders with water capacities from 0.5 liter up to and including 150 
liters. ISO 9809-1 is applicable to cylinders with a maximum tensile 
strength of 1,100 MPa for chrome-molybdenum steels or 1,030 MPa for 
carbon-manganese steels. However, a lower tensile strength applies when 
there is a risk of hydrogen embrittlement. The materials of 
construction are similar to those of DOT 3AA specification cylinders 
made of carbon manganese alloy steel.
    ISO 9809-2 ``Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1100 MPa.'' This standard specifies minimum requirements for the 
material, design, construction and workmanship, manufacturing 
processes, and tests at manufacture for refillable quenched and 
tempered seamless steel gas cylinders with water capacities from 0.5 
liter up to and including 150 liters. ISO 9809-2 is applicable to 
cylinders with maximum tensile strength of greater than or equal to 
1,100 MPa.
    ISO 9809-3 ``Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 3: Normalized steel 
cylinders.'' This standard specifies minimum requirements for the 
material, design, construction and workmanship, manufacturing 
processes, and tests at manufacture for refillable normalized or 
normalized and tempered seamless steel gas cylinders with water 
capacities from 0.5 liter up to and including 150 liters. Materials for 
the manufacture of normalized or normalized and tempered gas cylinders 
are generally classified as carbon-steels, carbon-manganese or 
manganese-molybdenum steels. The maximum tensile strength for cylinders 
made from these steels may not exceed 800 MPa. The materials of 
construction are similar to those of DOT 3A specification cylinders 
made of carbon or carbon manganese steel. ISO-9809-3 provides that 
other steels permitted in ISO 9809-1 or ISO 9809-2 for quenched and 
tempered cylinders may be used and subjected to normalizing and 
tempering, provided they additionally pass the impact test requirements 
specified in ISO 9809-1, and the tensile strength does not exceed 950 
MPa.
    Cylinders with water capacities less than 0.5 liter may also be 
manufactured and certified to ISO 9809-1, 9809-2 and 9809-3. Cylinders 
conforming to these standards are authorized for compressed, liquefied, 
and dissolved gases. These ISO 9809 standards require

[[Page 11771]]

that, following final heat treatment at manufacture, all cylinders 
except those selected for batch testing must be subjected to a 
hydraulic proof pressure test or a hydraulic volumetric expansion test. 
The standards permit the purchaser and the manufacturer to decide 
whether to perform the proof pressure test or volumetric expansion 
test. We consider the proof pressure test to be essentially a leak 
test. We are proposing to require this test to be a volumetric 
expansion test. The volumetric expansion test measures the cylinder's 
elastic expansion and ensures the adequacy of the physical properties 
of each cylinder. Further, this initial elastic expansion measurement 
offers a reference point, or benchmark, for use by requalifiers in 
evaluating whether the cylinder's wall elastic expansion remains within 
the prescribed parameters and the cylinder is safe for continued use.

B. Refillable Seamless Steel Tubes

    This NPRM proposes to allow use of refillable seamless steel tubes 
designed, constructed, and tested to the following standard: ISO 11120 
``Gas cylinders--Refillable seamless steel tubes of water capacity 
between 150 L and 3,000 L--Design, construction and testing.'' This 
standard specifies minimum requirements for the material, design, 
construction and workmanship, manufacturing processes, and tests at the 
time of manufacture for refillable quenched and tempered seamless steel 
tubes with water capacities from 150 liters up to and including 3,000 
liters for compressed and liquefied gases. ISO 11120 is applicable to 
tubes with a maximum tensile strength of less than 1,100 MPa, except 
tubes intended for hydrogen bearing gases are limited to a maximum 
tensile strength of 950 MPa.

C. Refillable Seamless Aluminum Alloy Cylinders

    This NPRM proposes to allow use of refillable seamless aluminum 
alloy cylinders designed, constructed, and tested to the following 
standard: ISO 7866 ``Gas cylinders--Refillable seamless aluminum alloy 
gas cylinders--Design, construction and testing.'' This standard 
specifies minimum requirements for the material, design, construction 
and workmanship, manufacturing processes, and tests at manufacture for 
refillable seamless aluminum alloy gas cylinders with water capacities 
from 0.5 liter up to and including 150 liters. The cylinders are for 
compressed, liquefied, and dissolved gases, other than acetylene.
    The UN Model Regulations permit the use of either tapered or 
straight (parallel) threads in aluminum alloy oxygen cylinders through 
the incorporation by reference of other ISO standards. However, we are 
not proposing to allow the use of tapered threads in aluminum alloy 
cylinders used in oxygen service and transported in the United States. 
This is consistent with Sec.  173.302(b) of the HMR, which requires 
each aluminum oxygen cylinder opening to be configured with straight 
threads only. Requiring the use of straight threads eliminates the 
possibility of a tapered threaded valve being inadvertently inserted 
into a straight threaded cylinder opening. Such a mismatch or cross 
connect could lead to a violent expulsion of the tapered thread valve 
or unintended release of oxygen.
    Within the United States, there are 20 million or more DOT 3AL 
aluminum alloy cylinders in oxygen service equipped with straight 
threads. Allowing the use of UN aluminum alloy oxygen cylinders with 
tapered threads, could increase the potential for inserting improper 
valves, even though the UN cylinders will be marked with the thread 
type code, e.g. 18P for straight or 25E for tapered. Persons who are 
not familiar with the ISO thread type codes may assume that the 
aluminum alloy oxygen cylinder is equipped with straight threads.
    The European countries have widely used tapered threads for all gas 
services; therefore, this mismatching concern may not exist. Although 
our experience within the United States is with straight thread 
designs, the use of both thread designs may offer certain advantages. 
We are asking commenters to address the impact of retaining the 
prohibition against using tapered threads in aluminum alloy oxygen 
cylinders.

D. Refillable Seamless Acetylene Cylinders

    This NPRM proposes to allow use of refillable acetylene cylinders 
complying with ISO 9809-1 or ISO 9809-3 and ISO 3807-2 ``Cylinders for 
acetylene--Basic requirements--Part 2: Cylinders with fusible plugs.'' 
ISO 9809-1 and ISO 9809-3 specify the details for design of the 
cylinder shell. ISO 3807-2 specifies the basic requirements for 
acetylene cylinders with a maximum nominal water capacity of 150 
liters, with shells made from steel and equipped with fusible plugs. It 
includes procedures for type testing, production batch testing, and the 
methods for determining the maximum permissible settled pressure in 
acetylene cylinders and the porosity of the porous mass.
    The UN Model Regulations also allow acetylene cylinder shells to be 
made of aluminum alloy conforming to ISO 7866. We are not proposing to 
allow the use of aluminum shells for acetylene cylinders transported in 
the United States. At manufacture, the cylinder shells are filled with 
a porous mass material and heat cured. The curing temperatures of the 
porous mass typically range from 260 [deg]C (500 [deg]F) to 371 [deg]C 
(700 [deg]F) for 24 to 48 hours, depending on the size of the cylinder, 
until the filler hardens. Exposing an aluminum cylinder to sustained 
high temperatures over long periods of time may adversely affect the 
structural integrity of the aluminum, thus making the cylinders unsafe 
for transportation. Because of this safety concern, we are proposing in 
this NPRM not to allow the manufacture and use of UN aluminum acetylene 
cylinders in the United States.
    In addition, paragraph 6.2.2.1.3 of the UN Model Regulations allows 
the manufacture and use of non-refillable acetylene cylinders without 
fusible plugs. The HMR do not authorize the manufacture or use of non-
refillable acetylene cylinders with or without fusible plugs. We have 
no shipping experience or safety data on the transportation of non-
refillable acetylene cylinders. Therefore, we are proposing that 
acetylene cylinders must be constructed of seamless steel, be 
refillable and equipped with fusible plugs. We are proposing to 
prohibit acetylene cylinders not meeting the proposed requirements from 
transportation and use in the United States.

E. Non-Refillable Metallic Cylinders

    This NPRM proposes to allow use of non-refillable metallic 
cylinders designed, constructed and tested to the following standard: 
ISO 11118 ``Gas cylinders--Non-refillable metallic gas cylinders--
Specification and test methods.'' This standard specifies minimum 
requirements for the material, design, construction and workmanship, 
manufacturing processes, and test at manufacture for non-refillable 
metallic gas cylinders of welded, brazed or seamless construction for 
compressed, liquefied and dissolved gases. As stated above in this 
preamble, we are proposing not to allow the manufacture or use of non-
refillable acetylene cylinders.

F. Refillable Composite Cylinders

    This NPRM proposes to allow use of refillable composite cylinders 
designed, constructed, and tested to the following standards:
    ISO 11119-1 ``Gas cylinders of composite construction--
Specification and test methods--Part 1: Hoop wrapped composite gas 
cylinders.'' This

[[Page 11772]]

standard specifies requirements for composite gas cylinders up to and 
including 450 liters water capacity, for compressed or liquefied gases 
with test pressures up to and including 650 bar. The cylinders consist 
of a seamless metallic liner over-wrapped with carbon fiber, aramid 
fiber, or glass fiber (or a combination thereof) in a resin matrix, or 
steel wire, to provide circumferential reinforcement.
    ISO 11119-2 ``Gas cylinders of composite construction--
Specifications and test methods--Part 2: Fully wrapped fibre reinforced 
composite gas cylinders with load-sharing metal liners.'' This standard 
specifies requirements for composite gas cylinders up to and including 
450 liters water capacity, for compressed or liquefied gases with test 
pressures up to and including 650 bar. The standard addresses fully-
wrapped composite cylinders with a load-sharing liner consisting of a 
seamless metallic liner over-wrapped with carbon fiber, aramid fiber, 
or glass fiber (or a combination thereof) in a resin matrix, to provide 
circumferential reinforcement.
    ISO 11119-3 ``Gas cylinders of composite construction--
Specifications and test methods--Part 3: Fully wrapped fibre reinforced 
composite gas cylinders with non-metallic and non-load-sharing metal 
liners.'' This standard specifies requirements for composite gas 
cylinders up to and including 450 liters water capacity, for compressed 
or liquefied gases with test pressures up to and including 650 bar. The 
cylinders are fully-wrapped composite cylinders with a non-load-sharing 
metallic or non-metallic liner. The cylinders consist of a liner over-
wrapped with carbon fiber or aramid fiber or glass fiber, or a mixture 
thereof, in a resin matrix to provide longitudinal and circumferential 
reinforcement.
    Depending on their construction, the UN Model Regulations specify 
design life for composite cylinders certified to ISO 11119-1, 11119-2 
and 11119-3 from a minimum design life of 10 years to an unlimited 
life. We are proposing to require composite cylinders to be designed 
and constructed to the unlimited life requirements while limiting the 
service life to not more than 15 years from the date of manufacture. 
Under the HMR, composite cylinders are currently authorized for 
construction only under the terms of a DOT exemption. The 15-year 
service life limitation is consistent with that imposed on composite 
cylinders authorized under exemptions.
    The ISO-11119-3 standard was adopted by the UN Sub-Committee of 
Experts in December 2004 for the manufacture and use of fully-wrapped 
composite cylinders with non-metallic and non-load-sharing metal 
liners. This standard also applies to composite cylinders without 
liners. Our experience within the United States is with fully-wrapped 
carbon-fiber reinforced (CFFC) and fiber reinforced plastic (FRP) 
composite aluminum-lined cylinders. We have no safety data on the use 
of composite cylinders with non-metallic and non-load-sharing metal 
liners or without liners. In this NPRM, we are proposing to prohibit in 
the United States the manufacture and use of fully-wrapped composite 
cylinders without liners. Under this proposal, ISO-11119-3 cylinders 
must have either a metallic or non-metallic (plastic) liner. Since the 
stress distribution of both ISO 11119-2 and 3 designs is handled by the 
composite shell rather than the liner, the major concern for plastic-
lined cylinders made in accordance with ISO 11119-3 is the permeation 
of toxic and flammable gases at high temperature ranges (130-154 
[deg]F). Therefore, in this NPRM we are proposing to prohibit the 
transportation of toxic gases or toxic gas mixtures meeting the 
criteria for Division 2.3, Hazard Zone A or B, in ISO 11119-3 
cylinders. When used for Division 2.1 materials, the cylinder will be 
required to have a working pressure not to exceed 62 bar. We are also 
proposing to prohibit the use of ISO 11119-3 cylinders for underwater 
breathing applications because of the effects of saltwater on some 
resins.

G. MEGCs

    A MEGC is an assembly of UN cylinders, tubes, or bundles of 
cylinders interconnected by a manifold and assembled within a 
framework. The term includes all service equipment and structural 
equipment necessary for the transport of the gases. We are proposing to 
prescribe the design type approval procedures and the manufacturing 
specification requirements for MEGCs in new Sec. Sec.  178.74 and 
178.75 respectively. The proposed requirements are based on the 
provisions in Sec.  178.275 of the HMR and paragraph 6.7.5 of the UN 
Model Regulations.

IV. Pressure Receptacles--Initial and Subsequent Design Type Review and 
Approval Process

    We are proposing to implement a conformity assessment system 
consistent with section 6.2.2.5 in the UN Model Regulations. Under this 
conformity assessment system, PHMSA, as the United States Competent 
Authority, will be responsible for implementing a system for providing 
overall approval of each pressure receptacle design type, the 
manufacturer's quality system, and inspection bodies. The conformity 
assessment system requirements in the UN Model Regulations were adopted 
on the basis of the requirements in ISO Technical Report 14600. The 
requirements are based on the practices used in Europe, Canada, and the 
United States for ensuring that cylinder quality is consistent with 
that prescribed in the ISO design and construction standards.
    The initial design type approval consists of an approval of the 
manufacturer's quality system and of the pressure receptacle design to 
be produced. (The manufacturer's quality system is discussed later in 
this preamble.) Under the proposed procedures for approval of the 
pressure receptacle design type, the manufacturer will select an 
inspection body, which, as proposed in this NPRM, will be an IIA 
approved by the Associate Administrator in accordance with the current 
procedures in Subpart I of Part 107. The manufacturer will submit an 
application for an initial design type approval to the IIA for review.
    The IIA will examine the manufacturer's application for an initial 
design type approval for completeness. If the application is 
incomplete, it will be returned to the manufacturer with an 
explanation. If the IIA verifies that the design conforms to the 
applicable standards and the requirements contained in Part 178 of the 
HMR, the manufacturer will fabricate a prototype lot of pressure 
receptacles in accordance with the design specification. The IIA will 
verify that the prototype lot conforms to the applicable requirements 
by witnessing the testing of selected pressure receptacles. If the 
prototype tests indicate that the pressure receptacles conform to all 
applicable requirements, the IIA will prepare a design type approval 
certificate and return the certificate documentation to the 
manufacturer. The manufacturer will submit the design application to 
the Associate Administrator for approval. Each application for an 
initial design type approval must contain the information specified in 
proposed Sec.  178.70, which includes: (1) The manufacturer's name and 
the manufacturing facility's address; (2) the designation of the 
pressure receptacle and the relevant pressure receptacle standard; (3) 
details of any similar approval application submitted to and denied by 
another country's competent authority; (4) technical documentation 
required for design type approval, such as design standards, 
manufacturing drawings, and design calculations; (5) test reports of 
the manufactured

[[Page 11773]]

prototype lot; and (6) documentation on the manufacturer's quality 
system.
    If the application, design drawings, and quality control documents 
are found satisfactory, PHMSA will schedule an on-site audit to assess 
the manufacturing and inspection processes, and test procedures. During 
the audit by PHMSA personnel, the manufacturer will be required to 
produce a group of cylinders to the technical standards for which 
approval is sought. During the production run, the production IIA will 
perform the required inspections and tests of newly manufactured 
cylinders. If the procedures and controls are deemed acceptable, test 
sample cylinders will be selected at random from the production lot and 
sent to a laboratory designated by PHMSA for verification testing. If 
the cylinder test samples are found to conform to all the applicable 
requirements, the Associate Administrator will issue approvals to the 
manufacturer and the production IIA to authorize the manufacture of the 
pressure receptacles. The manufacturer will bear the cost of the audit 
and verification testing.
    Under the system proposed in this NPRM, a manufacturer will be 
required to apply for a new design approval from the Associate 
Administrator for each new pressure receptacle design type or 
modification to an approved UN design type. A pressure receptacle will 
be considered to be of a new design, as specified in the referenced ISO 
design, construction, and testing standards, when:

    1. It is manufactured at a different facility;
    2. It is manufactured by a different process;
    3. It is manufactured from a material with chemical and 
mechanical properties different from those specified in the 
standard;
    4. Heat treatment differs from that specified in the standard;
    5. The base profile has changed (e.g., concave, convex, 
hemispherical) or there is a change in the base thickness/cylinder 
diameter ratio;
    6. The overall length of the cylinder has increased by more than 
50%;
    7. The nominal outside diameter has changed;
    8. The design wall thickness has changed;
    9. The hydraulic test pressure has been increased; or
    10. The guaranteed minimum yield strength and/or the guaranteed 
minimum tensile strength has changed.

    Requests for subsequent UN design type approvals will be reviewed 
by an IIA for design type approval, and approved by the Associate 
Administrator. The production IIA and the manufacturer will retain a 
set of the pressure receptacle design type approval documents for a 
minimum of 20 years. PHMSA has the authority to modify, suspend or 
terminate an approval certificate upon evidence that information upon 
which the approval was based is fraudulent or substantially erroneous, 
or such action is necessary to adequately protect against risks to life 
or property. The conditions for suspension or termination of an 
approval are in proposed Sec.  178.70.

V. MEGCs--Initial Design Type Review and Approval Process

    We are proposing to require MEGCs to be reviewed by an approval 
agency with authorization under the procedures in subpart E of Part 
107. The elements (pressure receptacle) installed in the MEGC will be 
approved as described in section IV of this preamble. The application 
procedure will be similar to that currently prescribed for the approval 
of IM and UN portable tanks in Sec.  178.273. The MEGC's manufacturer 
will submit the application to the approval agency. Each application 
must include all engineering drawings and calculations necessary for 
the approval agency to ensure that the MEGC design complies in all 
respects with the requirements in proposed Sec.  178.75 and 
documentation showing that the cylinders or tubes comprising the MEGC 
assembly are approved. An incomplete application will be returned to 
the applicant with an explanation.
    If an application is complete, the approval agency will review the 
design and arrange with the MEGC manufacturer to witness all required 
tests. Upon satisfactory completion of the prototype testing, the 
approval agency will prepare a design type approval certificate and 
return the certificate and documentation to the manufacturer. The 
manufacturer will submit the certificate and an approval application to 
the Associate Administrator. If the application and supporting 
documentation of the examination and tests performed are acceptable, 
the Associate Administrator will approve the certificate. The approval 
agency will be required to maintain a set of the approved drawings and 
calculations for each MEGC design it reviews and a copy of each initial 
design type approval certificate approved by the Associate 
Administrator for at least 20 years. The approval agency will ensure 
that each MEGC is manufactured to the design type and fully conforms to 
the applicable requirements. The approval agency will issue a 
certificate of compliance for each MEGC that is manufactured. The MEGCs 
will be certified and UN marked as prescribed in proposed Sec.  178.75.

VI. Qualification and Approval Process for Persons Performing Pressure 
Certifications

A. Inspection Bodies

1. Independent Inspection Agencies (IIAs)
    Current Sec.  107.803 of the HMR contains procedures and 
application criteria for a person seeking approval as an IIA to perform 
cylinder manufacture, repair or modification inspections and 
verifications prescribed in Parts 178 and 180. We propose to revise 
these requirements to include UN pressure receptacles. We are proposing 
to expand the criteria contained in Sec.  107.803 to permit the 
selection of any person or organization, foreign as well as domestic, 
for the duties of an IIA, that is technically competent to perform the 
prescribed functions. That person or organization must be 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. If an applicant seeking approval 
to perform the functions of an IIA has its principle place of business 
in a country other than the United States, the Associate Administrator 
may approve the applicant on the basis of an approval issued by the 
Competent Authority of a foreign government. We will recognize UN 
pressure receptacles manufactured outside the United States and 
certified by an inspection body certified by another government if that 
government similarly accepts pressure receptacles manufactured in the 
United States and approved by an IIA approved by DOT. A foreign 
inspection body seeking approval from DOT to certify pressure 
receptacles manufactured outside the United States must submit evidence 
from that country stating that similar authority is delegated to IIAs 
and manufacturers of UN pressure receptacles in the United States and 
that no additional limitations are imposed that are not required of its 
own citizenry.
2. Approval Agencies
    Approval of MEGCs will be handled similarly to the approval of UN 
portable tanks. For a UN portable tank manufactured in the United 
States, we require the portable tank design type to be approved by an 
approval agency. The approval agency must be approved by the Associate 
Administrator under the procedures in Subpart E of Part 107. In new 
Sec.  178.74 of this NPRM, we are proposing to require each new MEGC 
design type to be reviewed by a DOT

[[Page 11774]]

designated approval agency. Authorization to perform functions relating 
to MEGCs must be contained in the approval agency's letter of 
designation.

B. Manufacturers

    The UN procedures for approval of a pressure receptacle 
manufacturer and the manufacturer's quality system are generally 
consistent with PHMSA's current procedures under Sec.  107.807 for 
cylinder manufacturers located outside the United States who perform 
the chemical analyses and tests of cylinders manufactured to DOT 
specifications. PHMSA currently performs an on-site audit of the 
manufacturing and test facilities after a pre-audit has been performed 
of the manufacturer's prototype design by an IIA.
    Under the proposed approval procedures, each manufacturer must have 
in place a documented quality system as outlined in proposed Sec.  
178.69. The manufacturer's quality system involves detailed 
documentation related to the UN pressure receptacles to be produced, 
and of written polices, procedures and instructions. The documentation 
must include (1) adequate descriptions of the organizational structure; 
(2) responsibilities of personnel with regard to design and product 
quality; (3) the design control and verification techniques; (4) 
cylinder manufacturing, quality control, quality assurance and 
operating instructions; (5) quality records, such as inspection 
reports, test data, and calibration data; (6) the process for control 
of documents and their revision; (7) means for control of non-
conforming gas cylinders, purchased components, in-process and final 
materials; and (8) the training for relevant personnel.
    The manufacturer's quality system will be audited by PHMSA during 
the final review of the initial design type approval, as prescribed in 
proposed Sec.  178.70. The Associate Administrator may perform periodic 
audits of approved manufacturers to ensure that the manufacturer's 
quality controls are maintained according to established standards.

C. Requalifiers

    Paragraph 6.2.2.6.2.1 of the UN Model Regulations provides that the 
competent authority must establish an approval system to ensure that 
the periodic inspection and testing of pressure receptacles conform to 
the specified requirements. Consistent with our current requirements in 
Sec.  107.805, any person who requalifies UN pressure receptacles must 
be approved by the Associate Administrator. Before a cylinder 
requalifier is approved and issued a requalification identification 
number (RIN), it must undergo a review and inspection for compliance 
with DOT requalification procedures; demonstrate knowledge of DOT 
cylinder regulations, and verify the accuracy of the calibration test 
equipment. Initially, the applicant will be required to submit an 
application containing specific information about its testing 
equipment, procedures, and knowledge. PHMSA will review all submitted 
documents and, if found satisfactory, the person seeking approval as a 
requalifier of UN pressure receptacles must arrange for an IIA, 
approved by the Associate Administrator, to inspect its facility. If 
the on-site audit reveals that the company has the required knowledge, 
capabilities and equipment, the Associate Administrator may issue a RIN 
to that facility to requalify UN pressure receptacles.

VII. UN Cylinders and Tubes--Requalification Requirements

    We are proposing to prescribe the requalification requirements for 
UN pressure receptacles in new Sec.  180.207. Proposed Table I 
specifies the periodic requalification interval. The standard 
requalification interval is once every ten years, with certain noted 
exceptions. A shorter requalification interval of once every five years 
will apply to pressure receptacles used for any Division 2.3 material, 
certain specifically named gases, and composite cylinders. These 
proposed requalification intervals are consistent with those prescribed 
in the UN Model Regulations.
    The requalification procedures for performing the inspections and 
test will be based on the applicable ISO standards, which depend on the 
pressure receptacle's material of construction. All refillable pressure 
receptacles must be given an internal and external visual inspection at 
the time the requalification is performed.
    Steel UN pressure receptacles constructed to ISO 9809-1, 9809-2, 
9809-3 with a tensile strength less than 950 MPa, will be required to 
be subjected to a visual examination and volumetric expansion pressure 
test in accordance with the procedures in ISO 6406. UN pressure 
receptacles constructed to ISO 9809-1 or ISO 9809-2 with a tensile 
strength greater than 950 MPa may be examined by a nondestructive 
method that is approved by the Associate Administrator. Aluminum UN 
pressure receptacles constructed to ISO 7866 will be required to be 
requalified in accordance with the procedures contained in ISO 10461. 
Both ISO 6406 and 10461 allow pressure receptacles to be pressure 
tested by either a volumetric expansion test or a proof pressure test, 
as appropriate for the design specification of the cylinder. We are 
proposing to require testing by the volumetric expansion test for 
pressure receptacles with a tensile strength of less than 950 MPa. The 
volumetric expansion test is an effective method for determining the 
elastic expansion, which is directly related to the wall thickness of 
the cylinder, and gives a numerical value that can be used to determine 
disposition of the cylinder. However, we are soliciting comments on 
whether requalification by a proof pressure test should be allowed 
under certain conditions. Note that as proposed in this NPRM, pressure 
receptacles with a tensile strength of 950 MPa or greater may be 
examined by a nondestructive method approved by the Associate 
Administrator.
    UN acetylene cylinders will be required to be requalified at 10 
year intervals in accordance with the procedures in ISO 10462, except 
the porous mass and shell must be requalified 3 years, +/-6 months from 
the date of manufacturer. UN composite cylinders will be required to be 
subjected to a complete visual inspection and a volumetric expansion 
test in accordance with the procedures in ISO 11623. These standards 
contain acceptance/rejection criteria for various types of defects or 
damage.
    The ISO standards do not address the repair of pressure 
receptacles. We are proposing to authorize limited repair work to UN 
pressure receptacles, under the terms of an approval issued by the 
Associate Administrator under Subpart H of Part 107. However, certain 
repairs, such as the external rethreading of UN tubes for remounting in 
a MEGC will not require an approval, provided certain conditions are 
met. These provisions are in proposed Sec.  180.212.

VIII. Pressure Receptacles--Filling Limits

    We are proposing to adopt the UN requirements applicable to the 
filling of UN pressure receptacles. Packing Instruction P200 of the UN 
Model Regulations establishes certain conditions that must be met when 
filling UN pressure receptacles with compressed gases and liquefied 
compressed gases. For compressed gases, the maximum filling limit 
(filling density) must be such that the working pressure (service 
pressure) is not greater than two-thirds of the test pressure, and in 
no case may the internal pressure at 65 [deg]C (149 [deg]F) exceed the 
test pressure of

[[Page 11775]]

the pressure receptacle. For high pressure liquefied compressed gases, 
the filling limit must be such that the settled pressure at 65 [deg]C 
(149 [deg]F) will not exceed the test pressure of the pressure 
receptacles. For low pressure liquefied gases, the maximum mass of 
contents per liter of water capacity must be less than or equal to 0.95 
times the density of the liquid phase at 50 [deg]C (122 [deg]F); in 
addition, the liquid phase may not fill the pressure receptacle at any 
temperature less than or equal to 60 [deg]C (140 [deg]F). The test 
pressure of the pressure receptacle must be at least equal to the vapor 
pressure (absolute) of the liquid at 65 [deg]C (149 [deg]F), minus 100 
kPa (1 bar).
    Packing Instruction P200 of the UN Model Regulations allows the 
maximum filling limit to be determined using specified formulas or 
filling ratio values provided for a given gas transported in cylinders 
with specified minimum test pressures. The formulas yield more 
conservative limits as compared to the values provided in Table 2 of 
P200 and are primarily intended to be used for gas mixtures. We are 
proposing to authorize any equally effective method for calculating the 
filling limits as long as the specified conditions for compressed and 
high and low pressure liquefied compressed gases are met. We are 
proposing in new Sec.  173.304b to include the formulas and to allow 
the use of either the formulas or filling limits in Table 2 of P200 of 
UN Model Regulations. A research study conducted to verify the filling 
formulas and specified limits may be reviewed by accessing the docket 
to this rulemaking at http://dms.dot.gov.

IX. Summary of Proposed Regulatory Changes by Part

    The following is a summary by part of the more significant 
proposals of this NPRM.

Part 107

    Sections 107.801, 107.803, and 107.805 contain application 
procedures for persons seeking approval to certify the manufacture, 
repair, rebuild or requalification of DOT specification cylinders. We 
are revising these provisions to include UN pressure receptacles and 
MEGCs.

Part 171

    In Sec.  171.7, we are proposing to incorporate by reference 
several additional ISO standards, and in Sec.  171.8, we are proposing 
to add definitions for ``bundles of cylinders,'' ``multiple element gas 
containers or MEGCs,'' ``UN cylinder,'' ``UN pressure receptacle,'' 
``UN tube'' and ``working pressure.''
    Sections 171.11, 171.12, and 171.12a permit hazardous materials to 
be transported in accordance with the ICAO Technical Instructions, the 
IMDG Code, and the Canadian Transport of Dangerous Goods (TDG) 
Regulations, respectively, under certain conditions. Each of these 
sections also includes a number of limitations applicable to such 
transportation. In this NPRM, we are proposing to add several 
limitations applicable to the use of DOT authorized cylinders and UN 
pressure receptacles transported in the United States under the ICAO 
Technical Instructions, the IMDG Code, and the TDG Regulations.
    We are proposing to clarify that, notwithstanding the requirements 
of the ICAO Technical Instructions, IMDG Code, and TDG Regulations, 
each pressure receptacle transported in accordance with Sec. Sec.  
171.11, 171.12, and 171.12a must be equipped with a pressure relief 
device (PRD) when required by Sec.  173.301(f) of the HMR. The UN Model 
Regulations, the ICAO Technical Instructions, IMDG Code, and the TDG 
Regulations provide that pressure receptacles must be equipped with a 
PRD when used for carbon dioxide (UN 1013), nitrous oxide (UN 1070) or 
required by the country of use. A PRD can prevent a dangerous build-up 
of pressure that could result in a cylinder leak or rupture. Therefore, 
in the interest of safety, pressure receptacles shipped to, from or 
within the United States must be fitted with PRDs consistent with the 
requirements in Sec.  173.301(f), including the PRD requirements in CGA 
Pamphlet S-1.1. As discussed earlier in this preamble, we are also 
proposing to require that the prototype design for all UN pressure 
receptacles manufactured or used for transporting hazardous materials 
within the United States must be approved by the Associate 
Administrator. These requirements are applicable to each pressure 
receptacle, including those assembled in MEGCs and bundles. Each 
approved pressure receptacle will be required to be marked with the 
letters ``USA'' followed by the manufacturer's approval number. This 
approach will readily identify the approved pressure receptacles and 
provide assurance that any UN pressure receptacle imported for use 
within the United States will be similar in strength, durability and 
quality as the DOT specification and UN pressure receptacles 
manufactured within the United States. To obtain a design type 
approval, the pressure receptacle manufacturers will be required to 
comply with the approval and manufacturing requirements proposed in 
Part 178 of this NPRM. As a part of the approval process, the pressure 
receptacle manufacturer's quality system and operating processes must 
be audited by PHMSA personnel as discussed earlier in this preamble. We 
believe this approach will maintain the high level of safety existing 
within the United States while facilitating trade worldwide.
    Readers should be aware that we are proposing other changes to 
Sec. Sec.  171.11, 171.12, 171.12a and certain other sections addressed 
in this NPRM under separate rulemaking actions. Therefore, the 
requirements proposed herein, if adopted in a final rule, may be placed 
in a different paragraph or section.

Part 172

    In Sec.  172.101, we are proposing to make various amendments to 
the Hazardous Materials Table (HMT). In a final rule published July 31, 
2003 (Docket No. RSPA 2002-13658 (HM-215E), 68 FR 44992), we revised 
eleven entries by removing the qualifying word ``compressed.'' The 
eleven entries are as follows:

1008 Boron triflouride
2417 Carbonyl fluoride
1911 Diborane
1962 Ethylene
2193 Hexafluoroethane or Refrigerant
2451 Nitrogen triflouride
2198 Phosphorous pentafluoride
2203 Silane
1859 Silicon tetrafluoride
1982 Tetrafluoromethane or Refrigerant gas R14
2036 Xenon

    We made the revisions for consistency with another amendment that 
revised the reference temperature used in the definitions of a non-
liquefied and liquified compressed gas Sec.  173.115(d) and (e), 
respectively, from 20 [deg]C (70 [deg]F) to -50 [deg]C (-58 [deg]F), 
consistent with internationally accepted definitions for gases adopted 
in the Twelfth Edition of the UN Model Regulations.
    We also divided the compressed liquefied gases into high and low 
pressure categories. In the July 31, 2003 final rule, we stated that in 
a separate rulemaking we would address whether the named gases should 
be reassigned to more appropriate packaging sections. We also stated 
that we would address the use of the high- and low-pressure compressed 
liquefied gas designations. Upon further consideration, we believe the 
packaging authorizations should remain in Sec.  173.302 rather than 
being reassigned to other packaging sections. The UN Model Regulations 
define a ``compressed gas,'' as a gas that when packaged under pressure 
for transport, is entirely gaseous at -50 [deg]C (-58 [deg]F); this 
category includes all gases with a

[[Page 11776]]

critical temperature less than or equal to -50 [deg]C (-58 [deg]F). The 
UN Sub-Committee of Experts removed the descriptor ``compressed'' from 
the shipping names because the gases are partially liquid at 
temperatures above -50 [deg]C (-58 [deg]F) when packaged under pressure 
for transport. We believe these gases seldom encounter temperatures of 
-50 [deg]C (-58 [deg]F) and below when transported within the United 
States and, therefore, changing the packaging authorizations is not 
warranted. However, we are soliciting comments on whether the packaging 
authorization for these gases should remain as Sec.  173.302 or be 
relocated to Sec.  173.304.
    We are proposing to add seven new special provisions to certain 
entries in the HMT. New special provision N86 would be added to 21 
entries. The special provision prohibits the shipment of these gases in 
UN pressure receptacles made of aluminum. The 21 entries are as 
follows:

1001 Acetylene
1017 Chlorine
1037 Ethyl chloride
1045 Fluorine, compressed
1048 Hydrogen bromide, anhydrous
1050 Hydrogen chloride, anhydrous
1052 Hydrogen fluoride, anhydrous
1062 Methyl bromide
1063 Methyl chloride or Refrigerant gas R 40
1085 Vinyl bromide, stabilized
1086 Vinyl chloride, stabilized
1581 Chloropicrin and Methyl bromide mixture
1582 Chloropicrin and Methyl chloride mixture
1749 Chlorine trifluoride
1860 Vinyl fluoride, stabilized
1912 Methyl chloride and Methylene chloride mixture
2190 Oxygen difluoride, compressed
2196 Tungsten hexafluoride
2197 Hydrogen iodide, anhydrous
2548 Chlorine pentafluoride
2901 Bromine chloride

--New special provision N87 would be added to eight entries. The 
special provision prohibits the shipment of these gases in UN pressure 
receptacles with copper valves. The eight entries are:

1005 Ammonia, anhydrous
1032 Dimethylamine, anhydrous
1036 Ethylamine
1043 Fertilizer ammoniating solution with free ammonia
1061 Methylamine, anhydrous
1083 Trimethylamine, anhydrous
2073 Ammonia solution, relative density less than 0.880 at 15 [deg]C 
in water, with more than 35% but not more than 50% ammonia.
3318 Ammonia solution, relative density less than 0.880 at 15 [deg]C 
in water, with more than 50% ammonia.

--New special provision N88 would be added to three entries. The 
special provision provides that the UN pressure receptacle's metal 
parts in contact with the gas must contain no more than 65% copper. The 
three entries are:

1001 Acetylene, dissolved
1060 Methyl acetylene and propadiene mixtures, stabilized
2452 Ethylacetylene, stabilized

--New special provision N89 would be added to fourteen entries. The 
special provision provides that when steel UN pressure receptacles are 
used, only those bearing an ``H'' mark are authorized. The fourteen 
entries are:

1048 Hydrogen bromide, anhydrous
1049 Hydrogen, compressed
1050 Hydrogen chloride, anhydrous
1053 Hydrogen sulphide
1064 Methyl mercaptan
1911 Diborane
1957 Deuterium, compressed
2034 Hydrogen and Methane mixture, compressed
2188 Arsine
2192 Germane
2197 Hydrogen iodide, anhdrous
2199 Phosphine
2203 Silane
2600 Carbon monoxide and Hydrogen mixture, compressed

Part 173

    In Part 173, we are proposing to add authorizations for the use of 
UN pressure receptacles in a number of sections consistent with the 
requirements in the UN Model Regulations. In Sec.  173.40, we are 
proposing to limit a UN cylinder used for Hazard Zone A or B material 
to a maximum water capacity of 85 liters. The cylinder must have a 
minimum test pressure of 200 bar and a minimum wall thickness of 3.5 mm 
if made of aluminum alloy or 2 mm if made of steel or, alternatively, 
be packed in an outer packaging meeting the Packing Group I performance 
level. We are prohibiting the transport of Hazard Zone A material in UN 
tubes and MEGCs.
    In Sec.  173.301, we are proposing to revise the general 
requirements for shipment of hazardous materials in cylinders to apply 
to UN pressure receptacles. However, UN pressure receptacles would not 
be required to meet the requirements for cylinder valve protection in 
paragraph (h) and for cylinders mounted on a motor vehicle or in frames 
in paragraph (i). These particular requirements for UN pressure 
receptacles would be contained in new Sec.  173.301b. The requirements 
applicable to MEGCs would be contained in new Sec.  173.312.
    New Sec.  173.301b would contain additional general requirements 
for the shipment of hazardous materials in UN pressure receptacles. We 
are proposing that gas or gas mixtures must be compatible with the 
pressure receptacle and valve material in accordance with ISO 11114-1 
for metallic materials or ISO 11114-2 for non-metallic materials. When 
a refillable pressure receptacle is filled with a gas different from 
that previously contained in the cylinder, prior to refilling, the 
cylinder must be cleaned in accordance with ISO 11621. A UN pressure 
receptacle must have its valve protected in accordance with the methods 
prescribed in Sec.  173.301(h). Finally, under paragraph (g), a non-
refillable UN pressure receptacle will be required to have a water 
capacity not exceeding 1.25 liters and must be transported as an inner 
packaging. The use of a non-refillable UN pressure receptacle would be 
prohibited for a toxic gas with an LC50 of 200 ml/mg or 
less.
    New Sec.  173.302b would contain the filling requirements for UN 
pressure receptacles used to transport non-liquefied (permanent) gases 
as discussed earlier in this preamble under the heading ``V. Pressure 
Receptacles--Filling limits.''
    In Sec.  173.303, we are proposing to authorize the use of UN 
cylinders and bundles of cylinders for acetylene. The cylinder must 
conform to the basic requirements and have fusible plugs in accordance 
with ISO 3807-2.
    New Sec.  173.304b would contain specific requirements for filling 
a UN pressure receptacle with a liquefied gas as discussed earlier in 
this preamble under the heading ``V. Pressure Receptacles--Filling 
limits.''
    New Sec.  173.312 would contain requirements for the use of MEGCs. 
A MEGC must conform to the design, construction, inspection and testing 
requirements contained in proposed Sec.  178.75. Consistent with the 
requirements in the UN Model Regulations, each pressure receptacle used 
for other than a Division 2.2 permanent gas would be required to be 
equipped with an individual shutoff valve. Additionally, for a Division 
2.1 gas, the pressure receptacles must be isolated by a valve into 
assemblies of not more than 3,000 liters. Consistent with the 
requirements for the manifolding of DOT specification cylinders in 
Sec.  173.301(g), we are proposing that the pressure receptacles may 
not be filled in excess of the lowest marked working pressure of any 
given pressure receptacle.
    In Sec.  173.336, we are proposing to authorize the transport of 
nitrogen dioxide, liquefied and dinitrogen tetroxide, liquefied in UN 
cylinders.

[[Page 11777]]

The use of UN tubes and MEGCs would not be authorized. In addition, we 
are proposing to correct an inconsistency in the current requirements. 
We are adding a provision, currently contained in Sec.  173.337, that 
requires the cylinders to be equipped with a stainless steel valve and 
valve seat that will not deteriorate if in contact with nitrogen 
dioxide. The provision would be removed in Sec.  173.337.

Part 178

    We propose to add several new sections to Part 178. Section 178.69 
would contain the responsibilities and requirements applicable to 
manufacturers of UN pressure receptacles. Sections 178.70 and 178.71 
would contain requirements for the approval of a new pressure 
receptacle design type and the manufacturing specifications for the 
pressure receptacle, respectively. Sections 178.74 and 178.75 would 
contain requirements applicable to the approval of a new MEGC design 
type and the manufacturing specifications for MEGCs, respectively. The 
requirements are discussed earlier in this preamble.

Part 180

    We are proposing to revise the requirements in Subpart C in Part 
180 to include the requalification of UN pressure receptacles and 
MEGCs. These requirements are discussed earlier in this preamble under 
the heading ``UN Cylinders and Tubes--Requalifications.''

X. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This NPRM is published under the following statutory authorities:
    1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to 
prescribe regulations for the safe transportation, including security, 
of hazardous material in intrastate, interstate, and foreign commerce. 
This NPRM will align the HMR with the UN Model Regulations, which will 
(1) promote flexibility; (2) permit the use of technological advances 
for the manufacture of pressure receptacles; (3) provide for a broader 
selection of pressure receptacles; (4) reduce the need for exemptions 
to the existing regulations; and (5) facilitate international commerce 
in the transportation of compressed gases while maintaining a level of 
safety at least equal to that achieved under the HMR. To this end, as 
discussed in detail earlier in this preamble, the final rule amends the 
HMR to more fully align it with the biennial updates of the UN 
Recommendations, the IMDG Code and the ICAO Technical Instructions to 
facilitate the transport of hazardous materials in international 
commerce.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to 
ensure that, to the extent practicable, regulations governing the 
transportation of hazardous materials in commerce are consistent with 
standards adopted by international authorities. This NPRM amends the 
HMR to maintain alignment with international standards by incorporating 
various amendments to facilitate the transport of hazardous material in 
international commerce. To this end, as discussed in detail earlier in 
this preamble, the final rule incorporates changes into the HMR based 
on the Thirteenth Revised Edition of the UN Recommendation, Amendment 
32 to the IMDG Code, and the 2005-2006 ICAO Technical Instructions, 
which became effective January 1, 2005. The continually increasing 
amount of hazardous materials transported in international commerce 
warrants the harmonization of domestic and international requirements 
to the greatest extent possible. Harmonization serves to facilitate 
international transportation; at the same time, harmonization ensures 
the safety of people, property, and the environment by reducing the 
potential for confusion and misunderstanding that could result if 
shippers and transporters were required to comply with two or more 
conflicting sets of regulatory requirements. While the intent of this 
rulemaking is to align the HMR with international standards, we review 
and consider each amendment on its own merit based on its overall 
impact on transportation safety and the economic implications 
associated with its adoption into the HMR. Our goal is to harmonize 
without sacrificing the current HMR level of safety and without 
imposing undue burdens on the regulated public. Thus, as discussed in 
detail earlier in this preamble, there are several instances where we 
elected not to adopt a specific provision of the UN Model Regulations, 
the IMDG Code or the ICAO Technical Instructions. Further, we are 
maintaining a number of current exceptions for domestic transportation 
that should minimize the compliance burden on the regulated community.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This NPRM is a not considered a significant regulatory action under 
section 3(f) of Executive Order 12866 or the Regulatory Policies and 
Procedures of the Department of Transportation (44 FR 11034). This NPRM 
was not reviewed by the Office of Management and Budget. A regulatory 
evaluation is in the docket for this rulemaking.
    This NRPM proposes to add provisions to the HMR, based on the 
standards contained in the United Nations Model Regulations, that would 
permit the design, construction, maintenance, and use of seamless UN 
pressure receptacles and MEGCs. The proposed changes would provide 
shippers with an optional means of compliance; therefore, any increased 
compliance costs associated with the proposals in this NPRM would be 
incurred voluntarily by the compressed gas industry. Ultimately, we 
expect each company to make reasonable decisions based on its own 
business operations and future goals. Thus, costs incurred if a company 
elects to manufacture or use UN pressure receptacles and MECGs would be 
balanced by the benefits (e.g., access to foreign markets) accruing 
from this decision.
    More broadly, this NPRM proposes to harmonize the requirements in 
the HMR for the manufacture and use of cylinders with international 
standards in the UN Model Regulations. Harmonization of the HMR with 
international standards will eliminate inconsistencies between the 
regulations, thereby facilitating efficient transportation of hazardous 
materials in pressure receptacles across national or international 
borders. More importantly, harmonized regulations reduce the potential 
for misunderstanding and confusion and, thus, enhance safety.

C. Executive Order 13132

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132 
(``Federalism''). This proposed rule would preempt State, local, and 
Indian tribe requirements but does not propose any regulation that has 
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.
    The Federal hazardous materials transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) that 
preempts State, local, and Indian tribe requirements on certain covered 
subjects. Covered subjects are:
    (1) The designation, description, and classification of hazardous 
materials;

[[Page 11778]]

    (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 proposed rule addresses covered subject items (1), (2), (3), 
and (5) described above and would preempt State, local, and Indian 
tribe requirements not meeting the ``substantively the same'' standard. 
This proposed rule is necessary to harmonize domestic regulations for 
the transportation of hazardous materials in cylinders with 
international standards.
    Federal hazardous materials transportation law provides at Sec.  
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. 
PHMSA proposes that the effective date of Federal preemption will be 90 
days from publication of a final rule in this matter in the Federal 
Register.

D. Executive Order 13175

    This proposed 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 proposed rule does not have tribal implications and does 
not impose direct compliance costs, the funding and consultation 
requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act and Executive Order 13272

    The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each 
agency to analyze proposed regulations and assess their impact on small 
businesses and other small entities to determine whether the proposed 
rule is expected to have a significant impact on a substantial number 
of small entities. This rule imposes only minimal new costs of 
compliance on the regulated industry. Based on the assessment in the 
regulatory evaluation, I hereby certify that while this 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.
    This proposed rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.
    Need for the NPRM. Current requirements for the manufacture, use, 
and requalification of cylinders can be traced to standards first 
applied in the early 1900s. Over the years, the regulations have been 
revised to reflect advancements in transportation efficiency and 
changes in the national and international economic environment. The 
changes proposed in this NPRM would permit shippers to use either 
current DOT specification cylinders or the new seamless UN pressure 
receptacles and MEGCs for the transportation of compressed gases. This 
action is being taken to facilitate international transportation, 
increase flexibility for the regulated community and promote 
technological advancement while maintaining a comparable level of 
safety.
    Description of action. In this NPRM, we are proposing to add 
optional requirements for the manufacture, maintenance, testing, and 
use of UN pressure receptacles and to adopt a qualification and 
approval process for persons who choose to certify refillable UN 
pressure receptacles.
    Identification of potentially affected small entities. Businesses 
likely to be affected by the final rule are cylinder manufacturers, 
cylinder requalifiers, independent inspection agencies, and commercial 
establishments that own and use DOT specification cylinders. There are 
approximately three United States manufacturers of seamless pressure 
receptacles. In addition, the Associate Administrator has approved 
approximately 2,150 active domestic cylinder requalifiers and seven 
domestic independent inspection agencies. There are also approximately 
two facilities approved to perform seamless cylinder repairs. Cylinder 
requalifiers include businesses that manage large fleets of cylinders, 
such as cylinders filled with propane to power forklift trucks and for 
use by retail customers through cylinder exchange programs. There are 
literally hundreds of thousands of commercial establishments that own 
and use cylinders manufactured to DOT specifications. These business 
sectors include agriculture; mining; construction; manufacturing; 
transportation; communications; electric, gas, and sanitary services; 
wholesale trade; retail trade; and other services.
    Unless alternative definitions have been established by the agency 
in consultation with the Small Business Administration (SBA), the 
definition of ``small business'' has the same meaning as under the 
Small Business Act. Since no such special definition has been 
established, we employ the thresholds published by SBA for industries 
subject to the HMR. Based on 1997 data compiled by the U.S. Census 
Bureau, it appears that upwards of 97 percent of firms subject to this 
final rule are small businesses. For the most part, these entities will 
incur minimal costs to comply with the provisions of this NPRM. The 
proposed provisions are optional; companies will choose to expand their 
operations to include UN pressure receptacles based on their ability to 
offset any additional costs.
    Reporting and recordkeeping requirements. Consistent with the UN 
Model Regulations, the NPRM includes a new recordkeeping requirement 
for a proposed quality control system for facilities that manufacture 
UN pressure receptacles in the United States. The requirements will 
affect about 60 cylinder manufacturers; we anticipate that each 
manufacturer may incur minimal costs each year to comply with the new 
requirement.
    Related Federal rules and regulations. With respect to the 
transportation of compressed gases in cylinders, there are no related 
rules or regulations issued by other department or agencies of the 
Federal government.
    Alternate proposals for small business. While certain regulatory 
actions may affect the competitive situation of an individual company 
or group of companies by imposing relatively greater burdens on small 
rather than large enterprises, we do no believe that this will be the 
case with the proposed rule. The requirements for the manufacture, 
testing, and use of UN pressure receptacles as proposed in this NPRM 
are optional. Ultimately, we expect each company to make reasonable 
decisions based on its own business operations and future goals. Thus, 
the costs incurred if a company elects to manufacture or use UN 
pressure receptacles and MECGs would be balanced by the benefits (e.g., 
access to foreign markets) accruing from this decision.

[[Page 11779]]

    Conclusion. I certify that the proposals in this NPRM would not 
have a significant economic impact on a substantial number of small 
entities. The costs associated with this proposed rule will be assumed 
voluntarily based on a company's ability to offset the costs with 
benefits such as increased access to foreign markets. Indeed, adoption 
of the UN pressure receptacle standards should result in overall cost 
savings to those who choose to utilize them and will ease the 
regulatory compliance burden for shippers engaged in international 
commerce, including trans-border shipments in North America.

F. Paperwork Reduction Act

    This proposed rule may result in a small increase in annual burden 
and costs based on a new information collection requirement. These 
proposals regarding the design, construction, maintenance and use of UN 
cylinders which result in a revised information collection requirement 
have been submitted to the Office of Management and Budget (OMB) for 
review and approval under OMB Control No. 2137-XXXX, ``Requirements for 
UN Cylinders.''
    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to an information collection unless it has been approved by OMB 
and displays a valid OMB control number. Section 1320.8(d), Title 5, 
Code of Federal Regulations requires that PHMSA provide interested 
members of the public and affected agencies an opportunity to comment 
on information collection and recordkeeping requests.
    This notice identifies a revised information collection request 
that PHMSA will submit to OMB for approval based on the requirements in 
this proposed rule. PHMSA has developed burden estimates to reflect 
changes in this proposed rule. PHMSA estimates that the total 
information collection and recordkeeping burden for the current 
requirements and as proposed in this rule would be as follows:
    OMB No. 2137-XXXX:
    Total Annual Number of Respondents: 50.
    Total Annual Responses: 150.
    Total Annual Burden Hours: 900.
    Total Annual Burden Cost: $22,500.00.
    PHMSA specifically requests comments on the information collection 
and recordkeeping burdens associated with developing, implementing, and 
maintaining these requirements for approval under this proposed rule.
    Direct your requests for a copy of the information collection to 
Deborah Boothe or T. Glenn Foster, 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.
    Address written comments to the Dockets Unit as identified in the 
ADDRESSES section of this rulemaking. We must receive your comments 
prior to the close of comment period identified in the DATES section of 
this rulemaking. In addition, you may submit comments specifically 
related to the information collection burden to the PHMSA Desk Officer, 
Office of Management and Budget at fax number, 202-395-6974. If these 
proposed requirements are adopted in a final rule, PHMSA will submit 
the revised information collection and recordkeeping requirements to 
the Office of Management and Budget for approval.

G. Unfunded Mandates Reform Act of 1995

    This proposed rule would not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It would not, if adopted, result 
in costs of $120.7 million or more, in the aggregate, to any of the 
following: State, local, or Native American tribal governments, or the 
private sector.

H. 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 number contained in the heading 
of this document may be used to cross-reference this action with the 
Unified Agenda.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347), requires Federal agencies to consider the 
consequences of major federal actions and prepare a detailed statement 
on actions significantly affecting the quality of the human 
environment. There are no significant environmental impacts associated 
with this proposed rule. PHMSA proposes changes to certain HMR 
requirements for the transportation of hazardous materials in cylinders 
in order to promote safer transportation practices, facilitate 
international commerce, and make these requirements compatible with 
international standards regarding such transportation.

J. Privacy Act

    Anyone is able to search the electronic form for all comments 
received into any of our dockets by the name of the individual 
submitting the comments (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

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 178

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

49 CFR Part 180

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

    In consideration of the foregoing, we propose to amend 49 CFR 
Chapter I 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; Pub. L. 101-410 section 4 
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L. 
104-134 section 31001; 49 CFR 1.45, 1.53.


[[Page 11780]]


    2. Section 107.801(a) is revised to read as follows:


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 production tests, inspections, verifications, and 
certifications of DOT specification cylinders or UN pressure 
receptacles as 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 or a 
pressure receptacle in accordance with a UN standard, 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, or UN pressure receptacles.
* * * * *
    3. In Sec.  107.803, the section heading is revised, paragraph 
(c)(8) is redesignated as paragraph (c)(9), and a new paragraph (c)(8) 
is added to read as follows:


Sec.  107.803  Approval of an independent inspection agency (IIA).

* * * * *
    (c) * * *
    (8) If the applicant's principal place of business is in a country 
other than the United States, the Associate Administrator may approve 
the applicant on the basis of an approval issued by the Competent 
Authority of the country of manufacture. The Competent Authority must 
maintain a current listing of approved IIAs and their identification 
marks. The applicant must provide the following information:
    (i) A copy of the designation from the Competent Authority of that 
country delegating to the applicant an approval or designated agency 
authority for the type of packaging for which a DOT or UN designation 
is sought; and
    (ii) Written evidence that the Competent Authority of that country 
provides reciprocal treatment to IIAs who are approved under this 
subpart and to UN standard packaging manufactured in accordance with 
this subchapter and that no condition or limitation will be imposed 
upon a United States citizen or organization that is not required of 
its own citizenry.
* * * * *
    4. In Sec.  107.805, the section heading and paragraphs (a), 
(c)(2), and (d) are revised to read as follows:


Sec.  107.805  Approval of cylinder and pressure receptacle 
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 or a UN pressure receptacle under 
subpart C of part 178 or subpart C of part 180 of this subchapter, or 
under the terms of an exemption issued under this part.
* * * * *
    (c) * * *
    (2) The types of DOT specification or exemption cylinders, or UN 
pressure receptacles that will be inspected, tested, repaired, or 
rebuilt at the facility;
* * * * *
    (d) Issuance of requalifier identification number (RIN). The 
Associate Administrator issues a RIN as evidence of approval to 
requalify DOT specification or exemption cylinders, or UN pressure 
receptacles 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 subchapter.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub L. 104-134 
section 31001.

    6. In Sec.  171.7, in the table in paragraph (a)(3):
    a. under General Services Administration, the entry Federal 
Specification RR-C-901 is revised; and
    b. under International Organization for Standardization, the entry 
ISO 4126-1 is revised and 21 new entries are added to read in 
alphanumeric order as follows:


Sec.  171.7  Reference material.

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

------------------------------------------------------------------------
     Source and name of material                49 CFR reference
------------------------------------------------------------------------
                     General Services Administration
------------------------------------------------------------------------
 
                              * * * * * * *
Federal Specification RR-C-901D,       173.302; 173.304; 173.336;
 Cylinders, Compressed Gas: Seamless    173.337.
 Shatterproof, High Pressure DOT 3AA
 Steel, and 3AL Aluminum, February
 21, 2003 (Superseding RR-C-901C,
 1981).
--------------------------------------
             International Organization for Standardization
------------------------------------------------------------------------
 
                              * * * * * * *
ISO 1496-3 Series 1, Freight           178.74; 178.75.
 containers--Specification and
 testing--Part 3: Tank containers for
 liquids, gases and pressurized dry
 bulk 1995 (E).
ISO 3807-2, Cylinders for acetylene--  173.303; 178.71.
 Basic requirements--Part 2:
 Cylinders with fusible plugs, 2000
 (E).
ISO 4126-1, Safety valves--Part 1:     178.75, 178.274.
 General requirements, December 15,
 1991, First Edition (E).
ISO 6406, Periodic inspection and      180.207.
 testing of seamless steel gas
 cylinders, 2004 (E).
ISO 7225, Gas cylinders--              178.71.
 Precautionary labels, 1994 (E).
ISO 7866, Gas cylinders--Refillable    178.71.
 seamless aluminum alloy gas
 cylinders--Design, construction and
 testing, 1999 (E).
ISO 9809-1, Gas cylinders--Refillable  178.71; 178.75.
 seamless steel gas cylinders--
 Design, construction and testing--
 Part 1: Quenched and tempered steel
 cylinders with tensile strength less
 than 1100 MPa., 1999 (E).
ISO 9809-2, Gas cylinders--Refillable  178.71; 178.75.
 seamless steel gas cylinders--
 Design, construction and testing--
 Part 2: Quenched and tempered steel
 cylinders with tensile strength
 greater than or equal to 1100 MPa.,
 2000 (E).
ISO 9809-3, Gas cylinders--Refillable  178.71; 178.75.
 seamless steel gas cylinders--
 Design, construction and testing--
 Part 3: Normalized steel cylinders,
 2000 (E).
ISO 10297, Gas cylinders--Refillable   173.301b.
 gas cylinder valves-- Specification
 and type testing, 1999 (E).

[[Page 11781]]

 
ISO 10461, Seamless aluminum--alloy    180.205.
 gas cylinders--Periodic inspection
 and testing, 2004 (E).
ISO 10462, Cylinders for dissolved     180.205.
 acetylene--Periodic inspection and
 maintenance, 2004 (E).
ISO 11114-1, Transportable gas         173.301b; 178.71.
 cylinders--Compatibility of cylinder
 and valve materials with gas
 contents--Part 1: Metallic
 materials, 1997 (E).
ISO 11114-2, Transportable gas         173.301b; 178.71.
 cylinders--Compatibility of cylinder
 and valve materials with gas
 contents--Part 2: Non-metallic
 materials, 2000 (E).
ISO 11117, Gas cylinders--Valve        173.301b.
 protection caps and valve guards for
 industrial and medical gas
 cylinders--Design, construction and
 tests, 1998 (E).
ISO 11118, Gas cylinders--Non-         178.71.
 refillable metallic gas cylinders--
 Specification and test methods, 1999
 (E).
ISO 11119-1, Gas cylinders--Gas        178.71.
 cylinders of composite construction--
 Specification and test methods--Part
 1: Hoop-wrapped composite gas
 cylinders, 2002.
ISO 11119-2, Gas cylinders--Gas        178.71
 cylinders of composite construction--
 Specification and test methods--Part
 2: Fully wrapped fibre reinforced
 composite gas cylinders with load-
 sharing metal liners, 2002.
ISO 11119-3, Gas cylinders of          178.71.
 composite construction--
 Specifications and test methods--
 Part 3: Fully wrapped fibre
 reinforced composite gas cylinders
 with non-metallic and non-load-
 sharing metal liners, 2002.
ISO 11120, Gas cylinders--Refillable   178.71; 178.75.
 seamless steel tubes of water
 capacity between 150 L and 3000 L--
 Design, construction and testing,
 1999 (E).
ISO 11621, Gas cylinders--Procedures   173.302.
 for change of gas service, 1997 (E).
ISO 11623, Transportable gas           180.207.
 cylinders--Periodic inspection and
 testing of composite gas cylinders,
 2002.
 
                              * * * * * * *
------------------------------------------------------------------------

    7. In Sec.  171.8, definitions for ``bundles of cylinders,'' 
``multiple element gas containers or MEGCs,'' ``UN cylinder,'' ``UN 
pressure receptacle,'' ``UN tube'' and ``working pressure'' are added 
in alphabetical order to read as follows:


Sec.  171.8  Definitions.

* * * * *
    Bundles of cylinders means assemblies of UN cylinders that are 
fastened together and interconnected by a manifold and transported as a 
unit. The total water capacity for the bundle may not exceed 3,000 L, 
except that bundles intended for the transport of gases in Division 2.3 
are limited to a water capacity of 1,000 L.
* * * * *
    Multiple-element gas containers or MEGCs means assemblies of UN 
cylinders, tubes, or bundles of cylinders interconnected by a manifold 
and assembled within a framework. The term includes all service 
equipment and structural equipment necessary for the transport of 
gases.
* * * * *
    UN cylinder means a transportable pressure receptacle with a water 
capacity not exceeding 150 L that has been marked and certified as 
conforming to the applicable requirements in part 178 of this 
subchapter.
* * * * *
    UN pressure receptacle means a UN cylinder or tube.
* * * * *
    UN tube means a seamless transportable pressure receptacle with a 
water capacity exceeding 150 L but not more than 3,000 L that has been 
marked and certified as conforming to the requirements in part 178 of 
this subchapter.
* * * * *
    Working pressure for purposes of UN pressure receptacles, means the 
settled pressure of a compressed gas at a reference temperature of 15 
[deg]C (59 [deg]F).
* * * * *
    8. In Sec.  171.11, paragraph (d)(19) is added to read as follows:


Sec.  171.11  Use of ICAO Technical Instructions.

* * * * *
    (d) * * *
    (19) Cylinders transported to, from, or within the United States 
must conform to the applicable requirements of this subchapter. Unless 
otherwise excepted in this subchapter, a cylinder may not be 
transported unless--
    (i) The cylinder is manufactured, inspected and tested in 
accordance with a DOT specification or a UN standard prescribed in part 
178 of this subchapter, except that cylinders not conforming to these 
requirements must meet the requirements in Sec.  173.301(j) through 
(k);
    (ii) The cylinder is equipped with a pressure relief device in 
accordance with Sec.  173.301(f) of this subchapter and conforms to the 
applicable requirements in part 173 for the hazardous material 
involved;
    (v) For aluminum cylinders in oxygen service, except those used 
aboard an aircraft in accordance with the applicable airworthiness 
requirements and operating regulations, the opening is configured with 
straight (parallel) threads (UN cylinders are marked with the cylinder 
thread type, e.g. ``18P'' or ``18S''); and
    (vi) A UN cylinder is marked with ``USA'' as a country of approval 
in conformance with Sec. Sec.  178.69 and 178.70 of this subchapter.
    9. In Sec.  171.12, paragraph (b)(15) is revised to read as 
follows:


Sec.  171.12  Import and export shipments.

* * * * *
    (b) * * *
    (15) Cylinders transported to, from, or within the United States 
must conform to the applicable requirements of this subchapter. Unless 
otherwise excepted in this subchapter, a cylinder may not be 
transported unless--
    (i) The cylinder is manufactured, inspected and tested in 
accordance with a DOT specification or a UN standard prescribed in part 
178 of this subchapter, except that cylinders not conforming to these 
requirement must meet the requirements in Sec.  173.301(j) through (k) 
of this subchapter;
    (ii) The cylinder is equipped with a pressure relief device in 
accordance with Sec.  173.301(f) of this subchapter and conforms to the 
applicable requirements in part 173 of this subchapter for the 
hazardous material involved;
    (iii) For aluminum cylinders in oxygen service used for other than 
aircraft parts, the opening is configured with straight (parallel) 
threads (UN cylinders are marked with the cylinder thread marking, e.g. 
``18P'' or ``18S''); and
    (vi) A UN cylinder is marked with ``USA'' as a country of approval 
in conformance with Sec. Sec.  178.69 and 178.70 of this subchapter.
* * * * *
    10. In Sec.  171.12a, paragraph (b)(13) is revised to read as 
follows:

[[Page 11782]]

Sec.  171.12a  Canadian shipments and packagings

* * * * *
    (b) * * *
    (13) When the provisions of this subchapter require that a DOT 
specification or a UN standard packaging must be used for a hazardous 
material, a packaging authorized by the TDG Regulations may be used 
only if it corresponds to the DOT specification or UN standard 
authorized by this subchapter. Unless otherwise excepted in this 
subchapter, a cylinder may not be transported unless--
    (i) The cylinder is manufactured, inspected and tested in 
accordance with a DOT specification or a UN standard prescribed in part 
178 of this subchapter, except that cylinders not conforming to these 
requirements must meet the requirements in Sec.  173.301(j) through (k) 
of this subchapter;
    (ii) The cylinder is a UN cylinder marked with the letters ``CAN'' 
for Canada as country of manufacture or a country of approval;
    (iii) The cylinder conforms to the applicable requirements in part 
173 of this subchapter for the hazardous material involved; and
    (v) For aluminum cylinders in oxygen service used for other than 
aircraft parts, the opening is configured with straight (parallel) 
threads (UN cylinders are marked with the cylinder thread type, e.g. 
``18P'' or ``18S'').
* * * * *

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

    11. The authority citation for Part 172 continues to read as 
follows:

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

    12. In the Sec.  172.101 Hazardous Materials Table, the following 
entries are revised to read as follows:

[[Page 11783]]



                                                                           Sec.   172.101.--Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Hazardous                                                                           (8) Packaging (Sec.   173.* * *)       (9) Quantity limitations         (10) Vessel stowage
              materials                                                                         ------------------------------------------------------------------------------------------------
 Symbols     descriptions   Hazard class or  Identification    PG      Label        Special
              and proper        division         numbers               codes       provisions    Exceptions   Non-bulk      Bulk        Passenger      Cargo aircraft   Location       Other
            shipping names                                                                                                            aircraft/rail         only
(1)        (2)............  (3)............  (4)...........  (5)...  (6)......  (7)............  (8A)......  (8B)......  (8C)......  (9A)...........  (9B)...........  (10A).....  (10B)
----------
                                                                                          * * * * * * *
           Acetylene,       2.1............  UN1001........  ......  2.1......  N88............  None......  303.......  None......  Forbidden......  15 kg..........  D.........  25, 40, 57
            dissolved.
 
                                                                                          * * * * * * *
           Acetylene,       Forbidden......
            solvent free.
 
                                                                                          * * * * * * *
           Ammonia,         2.3............  UN1005........  ......  2.3, 8...  4, N87, T50....  None......  304.......  314, 315..  Forbidden......  Forbidden......  D.........  40, 57
            anhydrous.
 
                                                                                          * * * * * * *
I........  Ammonia          2.2............  UN3318........  ......  2.3, 8...  4, N87, T50....  None......  304.......  314, 315..  Forbidden......  Fobidden.......  D.........  40, 57
            solution,
            relative
            density less
            than 0.880 at
            15 degrees C
            in water, with
            more than 50
            percent
            ammonia.
 
                                                                                          * * * * * * *
           Ammonia          2.2............  UN2073........  ......  2.2......  N87............  306.......  304.......  314, 315..  Forbidden......  150 kg.........  E.........  40, 57
            solution,
            relative
            density less
            than 0.880 at
            15 degrees C
            in water, with
            more than 35
            percent but
            not more than
            50 percent
            ammonia.
           Arsine.........  2.3............  UN2188........  ......  2.3, 2.1.  1, N89.........  None......  192.......  245.......  Forbidden......  Forbidden......  D.........  40
 
                                                                                          * * * * * * *
           Bromine          2.3............  UN2901........  ......  2.3, 8,    2, B9, B14, N86  None......  304.......  314, 315..  Forbidden......  Forbidden......  D.........  40, 89, 90
            chloride.                                                 5.1.
 
                                                                                          * * * * * * *
           Carbon monoxide  2.3............  UN2600........  ......  2.3, 2.1.  6, N89.........  None......  302.......  302.......  Forbidden......  Forbidden......  D.........  40, 57
            and hydrogen
            mixture,
            compressed.
 
                                                                                          * * * * * * *
           Chlorine.......  2.3............  UN1017........  ......  2.3, 8...  2, B9, B14,      None......  304.......  314, 315..  Forbidden......  Forbidden......  D.........  40, 51, 55,
                                                                                 N86, T50, TP19.                                                                                    62, 68, 89,
                                                                                                                                                                                    90
 
                                                                                          * * * * * * *
           Chlorine         2.3............  UN2548........  ......  2.3, 5.1,  1, B7, B9, B14,  None......  304.......  314.......  Forbidden......  Forbidden......  D.........  40, 89, 90
            pentafluoride.                                            8.         N86.
 
                                                                                          * * * * * * *
           Chlorine         2.3............  UN1749........  ......  2.3, 5.1,  2, B7, B9, B14,  None......  304.......  314.......  Forbidden......  Forbidden......  D.........  40, 89, 90
            trifluoride.                                              8.         N86.
 
                                                                                          * * * * * * *
           Chloropicrin     2.3............  UN1581........  ......  2.3......  2, B9, B14,      None......  193.......  314, 315..  Forbidden......  Forbidden......  D.........  25, 40
            and methyl                                                           N86, T50.
            bromide
            mixtures.
 
                                                                                          * * * * * * *
           Chloropicrin     2.3............  UN1582........  ......  2.3......  2, N86, T50....  None......  193.......  245.......  Forbidden......  Forbidden......  D.........  25, 40
            and methyl
            chloride
            mixtures.
 
                                                                                          * * * * * * *
           Deuterium,       2.1............  UN1957........  ......  2.1......  N89............  306.......  302.......  None......  Forbidden......  150 kg.........  E.........  40
            compressed.
 

[[Page 11784]]

 
                                                                                          * * * * * * *
           Diborane.......  2.3............  UN1911........  ......  2.3, 2.1.  1, N89.........  None......  302.......  None......  Forbidden......  Forbidden......  D.........  40, 57
 
                                                                                          * * * * * * *
           Dimethylamine,   2.1............  UN1032........  ......  2.1......  N87, T50.......  None......  304.......  314, 315..  Forbidden......  150 kg.........  D.........  40
            anhydrous.
 
                                                                                          * * * * * * *
           Ethyl chloride.  2.1............  UN1037........  ......  2.1......  B77, N86, T50..  None......  322.......  314, 315..  Forbidden......  150 kg.........  B.........  40
 
                                                                                          * * * * * * *
           Ethylacetylene,  2.1............  UN2452........  ......  2.1......  N88............  None......  304.......  314, 315..  Forbidden......  150 kg.........  B.........  40
            stabilized.
 
                                                                                          * * * * * * *
           Ethylamine.....  2.1............  UN1036........  ......  2.1......  B77, N87, T50..  None......  321.......  314, 315..  Forbidden......  150 kg.........  D.........  40
 
                                                                                          * * * * * * *
           Fertilizer       2.2............  UN1043........  ......  2.2......  N87............  306.......  304.......  314, 315..  Forbidden......  150 kg.........  E.........  40
            ammoniating
            solution with
            free ammonia.
 
                                                                                          * * * * * * *
           Fluorine,        2.3............  UN1045........  ......  2.3, 5.1,  1, N86.........  None......  302.......  None......  Forbidden......  Forbidden......  D.........  40, 89, 90
            compressed.                                               8.
 
                                                                                          * * * * * * *
           Germane........  2.3............  UN2192........  ......  2.3, 2.1.  2, N89.........  None......  302.......  245.......  Forbidden......  Forbidden......  D.........  40
 
                                                                                          * * * * * * *
           Hydrogen and     2.1............  UN2034........  ......  2.1......  N89............  306.......  302.......  302, 314,   Forbidden......  150 kg.........  E.........  40, 57
            Methane                                                                                                       315.
            mixtures,
            compressed.
 
                                                                                          * * * * * * *
           Hydrogen         2.3............  UN1048........  ......  2.3, 8...  3, B14, N86,     None......  304.......  314, 315..  Forbidden......  Forbidden......  D.........  40
            bromide,                                                             N89.
            anhydrous.
                                                                                          * * * * * * *
           Hydrogen         2.3............  UN1050........  ......  2.3, 8...  3, N86, N89....  None......  304.......  None......  Forbidden......  Forbidden......  D.........  40
            chloride,
            anhydrous.
                                                                                          * * * * * * *
           Hydrogen,        2.1............  UN1049........  ......  2.1......  N89............  306.......  302.......  302, 314..  Forbidden......  150 kg.........  E.........  40, 57
            compressed.
                                                                                          * * * * * * *
           Hydrogen         8..............  UN1052........  I.....  8, 6.1...  3, B7, B46,      None......  163.......  243.......  Forbidden......  Forbidden......  D.........  40
            fluoride,                                                            B71, B77, N86,
            anhydrous.                                                           T10, TP2.
 
                                                                                          * * * * * * *
           Hydrogen         2.3............  UN2197........  ......  2.3......  3, B14, N89....  None......  304.......  314, 315..  Forbidden......  Forbidden......  D.........  40
            iodide,
            anhydrous.
                                                                                          * * * * * * *
           Hydrogen         2.3............  UN1053........  ......  2.3, 2.1.  2, B9, B14, N89  None......  304.......  314, 315..  Forbidden......  Forbidden......  D.........  40
            sulfide.
                                                                                          * * * * * * *
           Methyl           2.1............  UN1060........  ......  2.1......  N88, T50.......  306.......  304.......  314, 315..  Forbidden......  150 kg.........  B.........  40
            acetylene and
            propadiene
            mixtures,
            stablized.
 
                                                                                          * * * * * * *
           Menthyl bromide  2.3............  UN1062........  ......  2.3......  3, B14, N86,     None......  193.......  314, 315..  Forbidden......  Forbidden......  ..........  40
                                                                                 T50.
 

[[Page 11785]]

 
                                                                                          * * * * * * *
           Methyl chloride  2.1............  UN1063........  D.....  2.1......  N86, T50.......  306.......  304.......  314, 315..  5 kg...........  100 kg.........  ..........  40
            or Refrigerant
            gas R 40.
 
                                                                                          * * * * * * *
           Methyl chloride  2.1............  UN1912........  ......  2.1......  N86, T50.......  306.......  304.......  314, 315..  Forbidden......  150 kg.........  ..........  40
            and methylene
            chloride
            mixtures.
 
                                                                                          * * * * * * *
           Methyl           2.3............  UN1064........  ......  2.3, 2.1.  3, B7, B9, B14,  None......  304.......  314, 315..  Forbidden......  Forbidden......  ..........  40
            mercaptan.                                                           N89, T50.
 
                                                                                          * * * * * * *
           Methylamine,     2.1............  UN1061........  ......  2.1......  N87, T50.......  306.......  304.......  314, 315..  Forbidden......  150 kg.........  B.........  40
            anhydrous.
 
                                                                                          * * * * * * *
           Oxygen           2.3............  UN2190........  ......  2.3, 5.1,  1, N86.........  None......  304.......  None......  Forbidden......  Forbidden......  D.........  13, 40, 89,
            difluoride,                                               8.                                                                                                            90
            compressed.
 
                                                                                          * * * * * * *
           Phosphine......  2.3............  UN2199........  ......  2.3, 2.1.  N89............  None......  192.......  245.......  Forbidden......  Forbidden......  D.........  40
 
                                                                                          * * * * * * *
           Silane.........  2.1............  UN2203........  ......  2.1......  N89............  None......  302.......  None......  Forbidden......  Forbidden......  E.........  40, 57, 104
                                                                                          * * * * * * *
           Trimethylamine,  2.1............  UN1083........  ......  2.1......  N87, T50.......  306.......  304.......  314, 315..  Forbidden......  150 kg.........  B.........  40
            anhydrous.
 
                                                                                          * * * * * * *
           Tungsten         2.3............  UN2196........  ......  2.3, 8...  2, N86.........  None......  338.......  None......  Forbidden......  Forbidden......  D.........  40
            hexafluoride.
 
                                                                                          * * * * * * *
           Vinyl bromide,   2.1............  UN1085........  ......  2.1......  N86, T50.......  306.......  304.......  314, 315..  Forbidden......  150 kg.........  B.........  40
            stabilized.
 
                                                                                          * * * * * * *
           Vinyl chloride,  2.1............  UN1086........  ......  2.1......  21, B44, N86,    306.......  304.......  314, 315..  Forbidden......  150 kg.........  B.........  40
            stabilized.                                                          T50.
           Vinyl fluoride,  2.1............  UN1086........  ......  2.1......  N86............  306.......  304.......  314, 315..  Forbidden......  150 kg.........  E.........  40
            stabilized.
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 11786]]

    13. In Sec.  172.102(c)(5), Special Provisions ``N86'', ``N87'', 
``N88'' and ``N89'' are added to read as follows:


Sec.  172.102  Special Provisions.

* * * * *
    (c) * * *
    (5) * * *
Code/Special Provisions
    N86 UN pressure receptacles made of aluminum alloy are not 
authorized.
    N87 The use of copper valves on UN pressure receptacles is 
prohibited.
    N88 Metal parts of UN pressure receptacles in contact with the 
contents must contain no more than 65% copper.
    N89 When steel UN pressure receptacles are used, only those bearing 
the ``H'' mark are authorized.
* * * * *

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

    14. 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.

    15. In Sec.  173.40, paragraphs (a)(1), (a)(2), and (b) are revised 
and paragraph (a)(3) is added to read as follows:


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

    (a) * * *
    (1) A cylinder must conform to a DOT specification or a UN standard 
prescribed in subpart C of part 178 of this subchapter, except that 
acetylene cylinders, and non-refillable cylinders are not authorized. A 
Hazard Zone A material is prohibited for transport in UN tubes or 
MEGCs.
    (2) The use of a Specification 3AL cylinder made of aluminum alloy 
6351-T6 is prohibited for a Division 2.3 Hazard Zone A material or a 
Division 6.1 Hazard Zone A material.
    (3) A UN composite cylinder certified to ISO-11119-3 is not 
authorized for a Division 2.3 Hazard Zone A or B material.
* * * * *
    (b) Outage and pressure requirements. The pressure at 55 [deg]C 
(131 [deg]F) of Hazard Zone A and 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). For UN seamless cylinders used for Hazard Zone A or Hazard 
Zone B materials, the maximum water capacity is 85 L. Each UN cylinder 
must have a test pressure of 200 bar or greater, and a minimum wall 
thickness of 3.5 mm if made of aluminum alloy or 2 mm if made of steel. 
Alternatively, the UN cylinder may be packed in an outer packaging that 
meets the Packing Group I performance level when tested as prepared for 
transport, and that is designed and constructed to protect the cylinder 
and valve from puncture or damage that may result in release of the 
gas.
* * * * *
    16. Section 173.163 is revised to read as follows:


Sec.  173.163  Hydrogen fluoride.

    (a) Hydrogen fluoride (hydrofluoric acid, anhydrous) must be 
packaged as follows:
    (1) In specification 3, 3A, 3AA, 3B, 3BN, or 3E cylinders; or in 
specification 4B, 4BA, or 4BW cylinders except that brazed 4B, 4BA, and 
4BW cylinders are not authorized. The 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 
requalification becomes due.
    (2) In a UN cylinder, as specified in part 178 of this subchapter, 
having a minimum test pressure of 10 bar and a maximum filling ratio of 
0.84.
    (b) A cylinder removed from hydrogen fluoride service must be 
condemned in accordance with Sec.  180.205 of this subchapter. 
Alternatively, at the direction of the owner, the requalifier may 
render the cylinder incapable of holding pressure.
    17. In Sec.  173.192, the introductory text and paragraph (a) 
introductory text are 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 the following cylinders are 
authorized:
    (a) Specification 3A1800, 3AA1800, 3AL1800, 3E1800, or seamless UN 
cylinders with a marked test pressure of 200 bar or greater.
* * * * *
    18. In Sec.  173.195, at the end of paragraph (a)(1), the wording 
``,or'' is removed and a period added in its place and paragraph (a)(3) 
is added to read as follows:


Sec.  173.195  Hydrogen cyanide, anhydrous, stabilized (hydrocyanic 
acid, aqueous solution).

    (a) * * *
    (3) UN cylinders, as specified in part 178, with a minimum test 
pressure of 100 bar and a maximum filling ratio of 0.55. The use of UN 
tubes and MEGCs is not authorized.
* * * * *
    19. In Sec.  173.201, the last entry in paragraph (c) is revised to 
read as follows:


Sec.  173.201  Non-bulk packagings for liquid hazardous materials in 
Packing Group I.

    (c) * * *
    Cylinders, specification or UN standard, as prescribed for any 
compressed gas, except 3HT and those prescribed for acetylene.
    20. Section 173.205 is revised to read as follows:


Sec.  173.205  Specification cylinders for liquid hazardous materials.

    When Sec.  172.101 of this subchapter specifies that a hazardous 
material must be packaged under this section, the use of any 
specification or UN cylinder, except those specified for acetylene, is 
authorized. Cylinders used for toxic materials in Division 6.1 or 2.3 
must conform to the requirements of Sec.  173.40.
    21. 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 or UN cylinders conforming to the 
requirements of Sec.  173.40.
    22. In Sec.  173.227, paragraph (a) is 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 or UN seamless cylinders conforming to 
the requirements of Sec.  173.40.
    23. In Sec.  173.228, the introductory text is removed and 
paragraph (a) is revised to read as follows:


Sec.  173.228  Bromine pentafluoride or bromine trifluoride.

    (a) Bromine pentafluoride and bromine trifluoride are authorized in 
packagings as follows:
    (1) Specification 3A150, 3AA150, 3B240, 3BN150, 4B240, 4BA240, 
4BW240, and 3E1800 cylinders.
    (2) UN cylinders as specified in Part 178 of this subchapter, 
except acetylene cylinders and non-refillable cylinders, with a minimum 
test pressure of 10 bar and a minimum outage of 8 percent by volume. 
The use of UN tubes and MEGCs is not authorized.
    (3) The use of a pressure relief device is not authorized.
* * * * *

[[Page 11787]]

    24. In Sec.  173.301, the section heading, the first sentence in 
paragraph (a)(1), the introductory text to paragraphs (a), (a)(1), (h), 
(h)(1), (i) and (l), and paragraphs (c), (d), (j), and (k) are revised 
and a new paragraph (a)(10) is added to read as follows:


Sec.  173.301  General requirements for shipment of compressed gases 
and other hazardous materials in cylinders, UN pressure receptacles and 
spherical pressure vessels.

    (a) General qualifications for use of cylinders. Unless otherwise 
stated, as used in this section, the term ``cylinder'' includes a UN 
pressure receptacle. As used in this subpart, filled or charged means 
an introduction or presence of a hazardous material in a cylinder. A 
cylinder filled with a Class 2 hazardous material (gas) and offered for 
transportation must meet the requirements in this section and 
Sec. Sec.  173.301a through 173.305, as applicable.
    (1) Compressed gases must be in UN pressure receptacles built in 
accordance with the UN standards or in metal cylinders and containers 
built in accordance with the DOT and ICC specifications and Part 178 of 
this subchapter in effect at the time of manufacture, and requalified 
and marked as prescribed in subpart C in part 180 of this subchapter, 
if applicable. The DOT and ICC specifications authorized for use are as 
follows:
* * * * *
    (10) A composite cylinder certified to ISO-11119-3 is subject to 
the following conditions:
    (i) The cylinder must have a working pressure not to exceed 62 bar 
when used for Division 2.1 materials;
    (ii) The cylinders may not be used for underwater breathing 
applications.
* * * * *
    (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 (IBR; see Sec.  171.7 of this subchapter). A DOT 39 
cylinder, UN non-refillable cylinder or UN composite cylinder certified 
to ISO-11119-3 may not be used for a toxic gas or toxic gas mixture 
meeting the criteria for Division 2.3, Hazard Zone A or B.
    (d) Gases capable of combining chemically. A cylinder may not 
contain any gas or material capable of combining chemically with the 
cylinder's contents or with the cylinder's material construction, so as 
to endanger the cylinder's serviceability. DOT 3AL cylinders made of 
aluminum alloy 6351-T6 may not be filled and offered for transportation 
with pyrophoric gases. The use of UN cylinders made of aluminum alloy 
6351-T6 is prohibited.
* * * * *
    (h) Cylinder valve protection. UN pressure receptacles must meet 
the valve protection requirements in Sec.  173.301b(f). A DOT 
specification cylinder used to transport a hazardous material must meet 
the requirements specified in this paragraph (h).
    (1) The following specification cylinders are not subject to the 
cylinder valve protection requirements in this paragraph (h):
* * * * *
    (i) Cylinders mounted on motor vehicles or in frames. MEGCs must 
conform to the requirements in Sec.  173.312. DOT specification 
cylinders mounted on motor vehicles or in frames must conform to the 
requirements specified in this paragraph (i). 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:
* * * * *
    (j) Non-specification cylinders in domestic use. Except as provided 
in paragraph (k) and (l) of this section, a filled cylinder 
manufactured to other than a UN standard in accordance with Part 178 of 
this subchapter or DOT specification, other than a DOT exemption 
cylinder or a cylinder used as a fire extinguisher in conformance with 
Sec.  173.309(a), may not be 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 or 
UN standard 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 or UN 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 UN 
standard, 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:
* * * * *
    25. Section 173.301b is added to read as follows:


173.301b  Additional general requirements for shipment of UN pressure 
receptacles.

    (a) General. The requirements of this section are in addition to 
the requirements in Sec.  173.301 and apply to the shipment of gases in 
UN pressure receptacles. A UN pressure receptacle, including closures, 
must conform to the design, construction, inspection and testing 
requirements specified in Parts 178 and 180 of this subchapter, as 
applicable. Bundles of cylinders must conform to the requirements in 
Sec.  178.70(e) of this subchapter.
    (b) Compatibility of lading with packaging. The gases or gas 
mixtures must be compatible with the UN pressure receptacle and valve 
materials as prescribed for metallic materials in ISO 11114-1 and for 
non-metallic materials in ISO 11114-2 (IBR, see Sec.  171.7 of this 
subchapter).
    (c) Change of service. A refillable UN pressure receptacle may not 
be filled with a gas or gas mixture different from that previously 
contained in the UN pressure receptacle unless the necessary operations 
for change of gas service have been performed in accordance with ISO 
11621 (IBR, see Sec.  171.7 of this subchapter).
    (d) Individual shut-off valves and pressure relief devices. Except 
for Division 2.2 permanent gases, each UN pressure receptacle must be 
equipped with an individual shutoff valve that must be tightly closed 
while in transit. Each UN pressure receptacle must be individually 
equipped with a pressure relief device as prescribed by Sec.  
173.301(f), except that pressure relief devices on bundles of cylinders 
or manifolded horizontal cylinders must have a set-to-discharge 
pressure that is based on the lowest marked pressure of any cylinder in 
the bundle or manifolded unit.

[[Page 11788]]

    (e) Outer packaging. When a strong outer packaging is prescribed, 
for example as provided by paragraph (a)(6) or (g)(1) of this section, 
the UN pressure receptacles must be protected to prevent movement. 
Unless otherwise specified in this part, more than one UN pressure 
receptacle may be enclosed in the strong outer packaging.
    (f) Cylinder valve protection. A UN pressure receptacle must have 
its valves protected from damage that could cause inadvertent release 
of the contents of the UN pressure receptacle by one of the following 
methods:
    (1) By constructing the pressure receptacle so that the valves are 
recessed inside the neck of the UN pressure receptacle and protected by 
a threaded plug or cap;
    (2) By equipping the UN pressure receptacle with a valve cap 
conforming to the requirements in ISO 11117 (IBR, see Sec.  171.7 of 
this subchapter). The cap must have vent-holes of sufficient cross-
sectional area to evacuate the gas if leakage occurs at the valve;
    (3) By protecting the valves by shrouds or guards conforming to the 
requirements in ISO 11117;
    (4) By using valves designed and constructed to withstand damage 
without leakage of hazardous material. The valves must conform to the 
requirements in Annex B of ISO 10297 (IBR, see Sec.  171.7 of this 
subchapter);
    (5) By enclosing the UN pressure receptacles in frames, e.g., 
bundles of cylinders; or
    (6) By packing the UN pressure receptacles in a strong outer 
package, such as a box or crate, capable of meeting the drop test 
specified in Sec.  178.603 of this subchapter at the Packing Group I 
performance level.
    (g) Non-refillable UN pressure receptacles. Non-refillable UN 
pressure receptacles must conform to the following requirements:
    (1) The receptacles must be transported as an inner package of a 
combination package;
    (2) The receptacle must have a water capacity not exceeding 1.25 L 
when used for a flammable or toxic gas; and
    (3) The receptacle is prohibited for Hazard Zone A material.
    (h) Damage to pressure receptacle. A UN pressure receptacle may not 
be filled and offered for transportation when damaged to such an extent 
that the integrity of the UN pressure receptacle or its service 
equipment may be affected. Prior to filling, the service equipment must 
be examined and found to be in good working condition (see Sec.  
178.70(d) of this subchapter). In addition, the required markings must 
be legible on the pressure receptacle.
    (i) Pyrophoric gases. A UN pressure receptacle must have valves 
equipped with gas-tight plugs or caps when used for pyrophoric or 
flammable mixtures of gases containing more than 1% pyrophoric 
compounds.
    (j) Hydrogen bearing gases. Hydrogen bearing gases or other 
embrittling gases that have the potential of causing hydrogen 
embrittlement must be packaged in a steel UN pressure receptacle 
bearing an ``H'' mark.
    26. In Sec.  173.302, the introductory text to paragraph (a) and 
paragraph (b)(3) are revised to read as follows:


Sec.  173.302  Filling of cylinders with non-liquefied (permanent) 
compressed gases.

    (a) General requirements. A cylinder filled with a non-liquefied 
compressed gas (except gas in solution) must be offered for 
transportation in accordance with the requirements of this section and 
Sec.  173.301. In addition, a DOT specification cylinder must meet the 
requirements in Sec. Sec.  173.301a, 173.302a and 173.305, as 
applicable. UN pressure receptacles must meet the requirements in 
Sec. Sec.  173.301b and 173.302b, as applicable. Where more than one 
section applies to a cylinder, the most restrictive requirements must 
be followed.
* * * * *
    (b) * * *
    (3) Each UN pressure receptacle must be cleaned in accordance with 
the requirements of ISO 11621 (IBR, see Sec.  171.7 or this 
subchapter). Each DOT cylinder must be cleaned in accordance with the 
requirements of GSA Federal Specification RR-C-901D, paragraphs 3.3.1 
and 3.3.2 (IBR, see Sec.  171.7 of this subchapter). Cleaning agents 
equivalent to those specified in Federal Specification RR-C-901D 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 Federal 
Specification RR-C-901D, paragraph 4.4.2.2, and meet the specified 
standard of cleanliness.
* * * * *
    27. Section 173.302b is added to read as follows:


173.302b  Additional requirements for shipment of non-liquefied 
(permanent) compressed gases in UN pressure receptacles.

    (a) General. A cylinder filled with a non-liquefied gas must be 
offered for transportation in UN pressure receptacles subject to the 
requirements in this section and Sec.  173.302. In addition, the 
requirements in Sec. Sec.  173.301 and 173.301b must be met.
    (b) UN pressure receptacles filling limits. A UN pressure 
receptacle is authorized for the transportation of non-liquefied 
compressed gases as specified in this section. Except where filling 
limits are specifically prescribed in this section, the working 
pressure of a UN pressure receptacle may not exceed \2/3\ of the test 
pressure of the receptacle. Alternatively, the filling limits specified 
for non-liquefied gases in Table 1 of P200 of the UN Model Regulations 
(IBR, see Sec.  171.7 or this subchapter) are authorized. In no case 
may the internal pressure at 65 [deg]C (149 [deg]F) exceed the test 
pressure.
    (c) Fluorine, compressed, UN 1045 and Oxygen diflouride, 
compressed, UN 2190. Fluorine, compressed and Oxygen difluoride, 
compressed must be packaged in a UN pressure receptacle with a minimum 
test pressure of 200 bar and a maximum working pressure not to exceed 
30 bar. A UN pressure receptacle made of aluminum alloy is not 
authorized. The maximum quantity of gas authorized in each UN pressure 
receptacle is 5 kg.
    (d) Diborane and diborane mixtures, UN 1911. Diborane and diborane 
mixtures must be packaged in a UN pressure receptacle with a minimum 
test pressure of 250 bar and a maximum filling ratio dependent on the 
test pressure not to exceed 0.07. Filling should be further limited so 
that if complete decomposition of diborane occurs, the pressure of 
diborane or diborane mixtures will not exceed the working pressure of 
the cylinder. The use of UN tubes and MEGCs is not authorized.
    (e) Carbon monoxide, compressed UN 1016. Carbon monoxide, 
compressed is authorized in UN pressure receptacles. The settled 
pressure in a steel pressure receptacle containing carbon monoxide may 
not exceed \1/3\ of the pressure receptacle's test pressure at 65 
[deg]C (149 [deg]F) except, if the gas is dry and sulfur-free, the 
settled pressure may not exceed \1/2\ of the marked test pressure.
    28. In Sec.  173.303, paragraph (b) is revised and (f) is added to 
read as follows:


Sec.  173.303  Filling of cylinders with compressed gas in solution 
(acetylene).

* * * * *
    (b) Filling limits. For DOT specification cylinders, the pressure 
in the cylinder containing acetylene gas may not exceed 250 psig at 70 
[deg]F. If cylinders are marked for a lower allowable charging pressure 
at 70 [deg]F., that pressure must not be exceeded. For UN cylinders, 
the pressure in the cylinder may not exceed the limits specified in 
Sec.  173.304b(b)(2).

[[Page 11789]]

    (f) UN cylinders. (1) UN cylinders and bundles of cylinders are 
authorized for the transport of acetylene gas as specified in this 
section. Each UN acetylene cylinder must conform to ISO 3807-2 (IBR, 
see Sec.  171.7 of this subchapter), have a homogeneous monolithic 
porous mass filler and be charged with acetone or a suitable solvent as 
specified in the standard. UN acetylene cylinders may be filled up to 
the pressure limits specified in ISO 3807-2 and must have a minimum 
test pressure of 52 bar. Any metal part in contact with the contents 
may not contain more than 65% copper in the alloy. The use of UN tubes 
and MEGCs is not authorized.
    (2) UN cylinders equipped with pressure relief devices or that are 
manifolded together must be transported upright.
    29. In Sec.  173.304, the introductory text in paragraph (a) is 
revised to read as follows:


Sec.  173.304  Filling of cylinders with liquefied compressed gases.

    (a) General requirements. A cylinder filled with a liquefied 
compressed gas (except gas in solution) must be offered for 
transportation in accordance with the requirements of this section and 
the general requirements in Sec.  173.301. In addition, a DOT 
specification cylinder must meet the requirement in Sec. Sec.  
173.301a, 173.304a, and 173.305, as applicable. UN pressure receptacles 
must be shipped in accordance with the requirements in 173.301b and 
173.304b, as applicable.
* * * * *
    30. Section 173.304b is added to read as follows:


Sec.  173.304b  Additional requirements for shipment of liquefied 
compressed gases in UN pressure receptacles.

    (a) General. Liquefied gases must be offered for transportation in 
UN pressure receptacles subject to the requirements in this section and 
Sec.  173.304. In addition, the general requirements applicable to UN 
pressure receptacles in Sec. Sec.  173.301 and 173.301b must be met.
    (b) UN pressure receptacle filling limits. A UN pressure receptacle 
is authorized for the transportation of liquefied compressed gases as 
specified in this section. When a liquefied compressed gas is 
transported in a UN pressure receptacle, the filling ratio may not 
exceed the maximum filling ratio (FR) prescribed in this section and 
the applicable ISO standard. Compliance with the filling limits may be 
determined by computing the filling limit in accordance with this 
section or by referencing the numerical values and data in Table 2 of 
P200 of the UN Model Regulations. The maximum allowable filling limits 
authorized for liquefied compressed gases in UN pressure receptacles 
are:
    (1) For high pressure liquefied gases, in no case may the filling 
ratio of the settled pressure at 65 [deg]C (149 [deg]F) exceed the test 
pressure of the UN pressure receptacle.
    (2) For low pressure liquefied gases, the filling factor (maximum 
mass of contents per liter of water capacity) must be less than or 
equal to 95 percent of the liquid phase at 50 [deg]C. In addition, the 
UN pressure receptacle may not be liquid full at 60 [deg]C. The test 
pressure of the pressure receptacle must equal to or greater than the 
vapor pressure of the liquid at 65 [deg]C.
    (3) For high pressure liquefied gas mixtures, maximum filling ratio 
may be determined as follows:

FR = 8.5x10-\4\ x dg x Ph


Where:

FR = maximum filling ratio
dg = gas density (at 15 [deg]C, 1 bar)(g/l)
Ph = minimum test pressure (bar)


If the density of the gas is unknown, the maximum filling ratio must be 
determined as follows:
[GRAPHIC] [TIFF OMITTED] TP09MR05.000


Where:

FR = maximum filling ratio
Ph = minimum test pressure (bar)
MM = molecular mass (g/mol)
R = 8.31451 x 10-\2\ (bar.l/mol.K) gas constant

    (4) For low pressure liquefied gases, the maximum filling ratio 
must be determined as follows:

FR = (0.0032 x BP - 0.24) x d1


Where:

FR = maximum filling ratio
BP = boiling point ([deg]K)
d1 = density of the liquid at boiling point (kg/l)

    (c) Tetraflouroethylene, stabilized, UN 1081 must be packaged in a 
pressure receptacle with a minimum test pressure of 200 bar and a 
working pressure not exceeding 5 bar.
    (d) Fertilizer ammoniating solution with free ammonia, UN1043 is 
not authorized in UN tubes or MEGCs.
    31. Section 173.312 is added to read as follows:


Sec.  173.312  Requirements for shipment of MEGCs.

    (a) General requirements. (1) Unless otherwise specified, a MEGC is 
authorized for the shipment of liquefied and non-liquefied compressed 
gases. Each pressure receptacle contained in a MEGC must meet the 
requirements in Sec. Sec.  173.301, 173.301b, 173.302b and 173.304b, as 
applicable.
    (2) The MEGC must conform to the design, construction, inspection 
and testing requirements prescribed in Sec.  178.75 of this subchapter.
    (3) No person may offer or accept a hazardous material for 
transportation in a MEGC that is damaged to such an extent that the 
integrity of the pressure receptacles or its structural or service 
equipment may be affected.
    (4) No person may fill or offer for transportation a pressure 
receptacle in a MEGC if the pressure receptacle or the MEGC is due for 
periodic requalification, as prescribed in subpart C to Part 180 of 
this subchapter. However, this restriction does not preclude those 
pressure receptacles filled and offered for transportation prior to the 
requalification due date.
    (5) Prior to filling and offering a MEGC for transportation, a 
person must visually inspect the MEGC's structural and service 
equipment. Any unsafe condition must be corrected before the MEGC is 
offered for transportation. All required markings must be legible.
    (6) Except for Division 2.2 permanent gases, each pressure 
receptacle must be equipped with an individual shutoff valve that must 
be tightly closed while in transit. For Division 2.2 gases (permanent 
or liquefied) and 2.3 liquefied gases, the manifold must be designed so 
that each pressure receptacle can be filled separately and be kept 
isolated by a valve capable of being closed during transit. For 
Division 2.1 gases, the pressure receptacles must be isolated by a 
valve into assemblies of not more than 3,000 L.
    (b) Filling. (1) A MEGC may not be filled to a pressure greater 
than the lowest marked working pressure of any pressure receptacle. A 
MEGC may not be filled above its marked maximum permissible gross mass.
    (2) After each filling, the shipper must verify the leakproofness 
of the closures and equipment. Each fill opening must be closed by a 
cap or plug.
    (c) Damage protection. During transportation, a MEGC must be 
protected against damage to the pressure receptacles and service 
equipment resulting from lateral and longitudinal impact and 
overturning as prescribed in Sec.  178.75 of this subchapter.
    32. In Sec.  173.323, the first sentence in paragraph (b)(2) is 
revised to read as follows:


Sec.  173.323  Ethylene oxide.

* * * * *

[[Page 11790]]

    (b) * * *
    (2) In specification cylinders or UN pressure receptacles, as 
authorized for any compressed gas except acetylene. * * *
* * * * *
    33. In Sec.  173.334, the introductory text to paragraph (a) is 
revised to read as follows:


Sec.  173.334  Organic phosphates mixed with compressed gas.

    (a) 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 an organic phosphate and must be packaged in DOT 
3A240, 3AA240, 3B240, 4A240, 4B240, 4BA240, 4BW240 or UN cylinders 
meeting all of the following requirements:
* * * * *
    34. Section 173.336 is revised to read as follows:


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

    (a) Nitrogen dioxide, liquefied, or dinitrogen tetroxide, 
liquefied, must be packaged in specification or UN cylinders as 
prescribed in Sec.  173.192, except valves are not authorized. UN tubes 
and MEGCs are not authorized for use. Each valve opening must be closed 
by a solid metal plug with tapered thread properly luted to prevent 
leakage.
    (b) Transportation in DOT 3AL cylinders is authorized only by 
highway and rail. Each cylinder must be cleaned according to the 
requirements of GSA Federal Specification RR-C-901D, paragraphs 3.3.1 
and 3.3.2 (IBR, see Sec.  171.7 of this subchapter). Cleaning agents 
equivalent to those specified in RR-C-901D 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-901D, paragraph 4.4.2.2 (IBR, see Sec.  171.7 of 
this subchapter) and meet the standard of cleanliness specified 
therein.
    35. In Sec.  173.337, in paragraph (b) the wording ``RR-C-901C'' is 
revised to read ``RR-C-901D'' each place it appears, and the 
introductory paragraph is revised to read as follows:


Sec.  173.337  Nitric oxide.

    (a) Nitric oxide must be packaged in cylinders conforming to the 
requirements of Sec.  173.40 and as follows:
    (1) DOT specification cylinder. In a DOT 3A1800, 3AA1800, 3E1800, 
or 3AL1800 cylinder. A DOT specification cylinder must be charged to a 
pressure of not more than 5,170 kPa (750 psi) at 21 [deg]C (70 [deg]F).
    (2) UN pressure receptacle. In a UN pressure cylinder with a 
minimum test pressure of 200 bar and a maximum working pressure not 
exceeding 50 bar. A UN cylinder must be charged to a pressure of not 
more than 60 percent of the test pressure at 21 [deg]C (70 [deg]F) and 
the pressure in the cylinder at 65 [deg]C (149 [deg]F) may not exceed 
the test pressure. The use of UN tubes and MEGCs is not authorized.
    (3) Valves. Cylinders must be equipped with a stainless steel valve 
and valve seat that will not deteriorate in contact with nitric oxide. 
Cylinders or valves may not be equipped with pressure relief devices of 
any type. In addition--
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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

    37. Section 178.69 is added to read as follows:

Sec.  178.69  Responsibilities and requirements for manufacturers of UN 
pressure receptacles.

    (a) Each manufacturer of a UN pressure receptacle made in the 
United States must comply with the requirements in this section. The 
manufacturer must maintain a quality system, obtain an approval for 
each initial pressure receptacle design type, and ensure that all 
production of UN pressure receptacles meets the applicable 
requirements.
    (1) Quality system. The manufacturer of a UN pressure receptacle 
must have its quality system approved by the Associate Administrator. 
The quality system will initially be assessed through an audit by the 
Associate Administrator or his or her representative to determine 
whether it meets the requirements of this section. The Associate 
Administrator will notify the manufacturer in writing of the results of 
the audit. The notification will contain the conclusions of the audit 
and any corrective action required. The Associate Administrator may 
perform periodic audits to ensure that the manufacturer operates in 
accordance with the quality system. Reports of periodic audits will be 
provided to the manufacturer. The manufacturer must bear the cost of 
audits.
    (2) Quality system documentation. The manufacturer must be able to 
demonstrate a documented quality system. Management must review the 
adequacy of the quality system to assure that it is effective and 
conforms to the requirements in Sec.  178.70. The quality system 
records must be in English and must include detailed descriptions of 
the following:
    (i) The organizational structure and responsibilities of personnel 
with regard to design and product quality;
    (ii) The design control and design verification techniques, 
processes, and procedures used when designing the pressure receptacles;
    (iii) The relevant procedures for pressure receptacle 
manufacturing, quality control, quality assurance, and process 
operation instructions;
    (iv) Inspection and testing methodologies, measuring and testing 
equipment, and calibration data;
    (v) The process for meeting customer requirements;
    (vi) The process for document control and document revision;
    (vii) The system for controlling non-conforming material and 
records, including procedures for identification, segregation, and 
disposition;
    (viii) Production, processing and fabrication, including purchased 
components, in-process and final materials; and
    (ix) Training programs for relevant personnel.
    (3) Maintenance of quality system. The manufacturer must maintain 
the quality system as approved by the Associate Administrator. Any 
changes to the quality system after approval must be approved by the 
Associate Administrator.
    (b) Design type approvals. The manufacturer must have each pressure 
receptacle design type reviewed by an IIA and approved by the Associate 
Administrator in accordance with Sec.  178.70. A cylinder is considered 
to be of a new design, compared with an existing approved design, as 
stated in the applicable ISO design, construction and testing standard.
    (c) Production inspection and certification. The manufacturer must 
ensure that each UN pressure receptacle is inspected and certified in 
accordance with Sec.  178.71.
    38. Section 178.70 is added to read as follows:

[[Page 11791]]

Sec.  178.70  Approval of UN pressure receptacles.

    (a) Initial design-type approval. The manufacturer of a UN pressure 
receptacle must obtain an initial design type approval from the 
Associate Administrator. The initial design type approval must be of 
the pressure receptacle design as it is intended to be produced. The 
manufacturer must arrange for an IIA, approved by the Associate 
Administrator in accordance with subpart I of Part 107 of this chapter, 
to perform a pre-audit of its pressure receptacle manufacturing 
operation prior to having an audit conducted by the Associate 
Administrator or his designee.
    (b) IIA pre-audit. The manufacturer must submit an application for 
initial design type approval to the IIA for review. The IIA will 
examine the manufacturer's application for initial design type approval 
for completeness. An incomplete application will be returned to the 
manufacturer with an explanation. If an application is complete, the 
IIA will review all technical documentation, including drawings and 
calculations, to verify that the design meets all requirements of the 
applicable UN pressure receptacle standard and specification 
requirements. If the technical documentation shows that the pressure 
receptacle prototype design conforms to the applicable standards and 
requirements in Sec.  178.70, the manufacturer will fabricate a 
prototype lot of pressure receptacles in conformance with the technical 
documentation representative of the design. The IIA will verify that 
the prototype lot conforms to the applicable requirements by selecting 
pressure receptacles and witness their testing. After prototype testing 
has been satisfactorily completed, showing the pressure receptacles 
fully conform to all applicable specification requirements, the 
certifying IIA must prepare a letter of recommendation and a design 
type approval certificate. The design type approval certificate must 
contain the name and address of the manufacturer and the IIA certifying 
the design type, the test results, chemical analyses, lot 
identification, and all other supporting data specified in the 
applicable ISO design, construction and testing standard. The IIA must 
provide the certificate and documentation to the manufacturer.
    (c) Application for initial design type approval. If the pre-audit 
is found satisfactory by the IIA, the manufacturer will submit the 
letter of recommendation from the IIA and an application for design 
type approval to the Associate Administrator. An application for 
initial design type approval must be submitted for each manufacturing 
facility. The application must be in English and, at a minimum, contain 
the following information:
    (1) The name and address of the manufacturing facility. If the 
application is submitted by an authorized representative on behalf of 
the manufacturer, the application must include the representative's 
name and address.
    (2) The name and title of the individual responsible for the 
manufacturer's quality system, as required by Sec.  178.69.
    (3) The designation of the pressure receptacle and the relevant 
pressure receptacle standard.
    (4) Details of any refusal of approval of a similar application by 
a designated approval agency of another country.
    (5) The name and address of the production IIA that will perform 
the functions prescribed in paragraph (e) of this section. The IIA must 
be approved in writing by the Associate Administrator in accordance 
with subpart I of part 107 of this chapter.
    (6) Documentation on the manufacturing facility as specified in 
Sec.  178.69.
    (7) Design specifications and manufacturing drawings, showing 
components and subassemblies if relevant, design calculations, and 
material specifications necessary to verify compliance with the 
applicable pressure receptacle design standard.
    (8) Manufacturing procedures and any applicable standards that 
describe in detail the manufacturing processes and control.
    (9) Design type approval test reports detailing the results of 
examinations and tests conducted in accordance with the relevant 
pressure receptacle standard.
    (d) Modification of approved pressure receptacles. Modification of 
an approved UN pressure receptacle is not authorized without the 
approval of the Associate Administrator. An audit may be required as 
part of the process to modify an approval.
    (e) Responsibilities of the production IIA. The production IIA is 
responsible for ensuring that each pressure receptacle conforms to the 
design type approval. The production IIA must perform the following 
functions:
    (1) Witness all examinations and tests specified in the UN pressure 
receptacle standard to ensure compliance with the standard and that the 
procedures adopted by the manufacturer meet the requirements of the 
standard;
    (2) Verify that the production inspections were performed in 
accordance with this section;
    (3) Select UN pressure receptacles from a prototype production lot 
and witness testing as required for the design type approval;
    (4) Ensure that the various type approval examinations and tests 
are performed accurately;
    (5) Verify that each pressure receptacle is marked in accordance 
with the applicable requirements in Sec.  178.72; and
    (6) Furnish complete test reports to the manufacturer and upon 
request to the purchaser. The test reports and certificate of 
compliance must be retained by the IIA for at least 20 years from the 
original test date of the pressure receptacles.
    (f) Production inspection audit and certification. (1) If the 
application, design drawing and quality control documents are found 
satisfactory, PHMSA will schedule an on-site audit of the pressure 
receptacle manufacturer's quality system, manufacturing processes, 
inspections, and test procedures.
    (2) During the audit, the manufacturer will be required to produce 
pressure receptacles to the technical standards for which approval is 
sought.
    (3) The production IIA must perform the required inspections and 
testing on the pressure receptacles during the production run. The IIA 
selected by the manufacturer for production inspection and testing may 
be different from the IIA who performed the design type approval 
testing.
    (4) If the procedures and controls are deemed acceptable, test 
sample pressure receptacles will be selected at random from the 
production lot and sent to a laboratory designated by the Associate 
Administrator for verification testing.
    (5) If the pressure receptacle test samples are found to conform to 
all the applicable requirements, the Associate Administrator will issue 
approvals to the manufacturer and the production IIA to authorize the 
manufacture of the pressure receptacles. The approved design type 
approval certificate will be returned to the manufacturer.
    (6) Upon the receipt of the approved design type approval 
certificate from the Associate Administrator, the pressure receptacle 
manufacturer must sign the certificate.
    (g) Recordkeeping. The production IIA and the manufacturer must 
retain a copy of the design type approval certificate and certificate 
of compliance records for at least 20 years.
    (h) Denial of design type application. If the design type 
application is denied,

[[Page 11792]]

the Associate Administrator will notify the applicant in writing and 
provide the reason for the denial. The manufacturer may request that 
the Associate Administrator reconsider the decision. The application 
request must--
    (1) Be written in English and filed within 60 days of receipt of 
the decision;
    (2) State in detail any alleged errors of fact and law; and
    (3) Enclose any additional information needed to support the 
request to reconsider.
    (i) Appeal. (1) A manufacturer whose reconsideration request is 
denied may appeal to the PHMSA Administrator. The appeal must--
    (i) Be written in English and filed within 60 days of receipt of 
the Associate Administrator's decision on reconsideration;
    (ii) State in detail any alleged errors of fact and law;
    (iii) Enclose any additional information needed to support the 
appeal; and
    (iv) State in detail the modification of the final decision sought.
    (2) The PHMSA Administrator will grant or deny the relief and 
inform the appellant in writing of the decision. PHMSA Administrator's 
decision is the final administrative action.
    (j) Termination of a design type approval certificate. (1) The 
Associate Administrator may terminate an approval certificate issue 
under this section if it is determined that, because of a change in 
circumstances, the approval no longer is needed or no longer would be 
granted if applied for; information upon which the approval was based 
is fraudulent or substantially erroneous; or termination of the 
approval is necessary to adequately protect against risks to life and 
property.
    (2) Before an approval is terminated, the Associate Administrator 
will provide the manufacturer and the approval agency--
    (i) Written notice of the facts or conduct believed to warrant the 
withdrawal;
    (ii) Opportunity to submit oral and written evidence, and
    (iii) Opportunity to demonstrate or achieve compliance with the 
application requirement.
    (3) If the Associate Administrator determines that a certificate of 
approval must be withdrawn to preclude a significant and imminent 
adverse affect on public safety, the procedures in paragraph (j)(2) 
(ii) and (iii) of this section need not be provided prior to withdrawal 
of the approval, but shall be provided as soon as practicable 
thereafter.
    39. Section 178.71 is added to read as follows:


Sec.  178.71.  Specifications for UN pressure receptacles.

    (a) General. Each UN pressure receptacle must meet the requirements 
of this section. Requirements for approval, qualification, maintenance, 
and testing are contained in Sec.  178.70, and subpart C of part 180 of 
this subchapter.
    (b) Definitions. The following definitions apply for the purposes 
of design and construction of UN pressure receptacles under this 
subpart:
    Alternative arrangement means an approval granted by the Associate 
Administrator for a MEGC that has been designed, constructed or tested 
to the technical requirements or testing methods other than those 
specified for UN pressure receptacles in Part 178 or Part 180 of this 
subchapter.
    Bundles of cylinders. See Sec.  171.8 of this subchapter.
    Design type means a pressure receptacle design as specified by a 
particular pressure receptacle standard.
    UN pressure receptacle design type means a UN pressure receptacle 
made to the same technical standards, of materials of the same 
specifications and thicknesses, manufactured by a single manufacturer 
at the same facility, using the same fabrication techniques and made 
with equivalent structural equipment, closures and service equipment.
    UN tube. See Sec.  171.8 of this subchapter.
    (c) General design and construction. (1) UN pressure receptacles 
and their closures must be designed, manufactured, tested and equipped 
in accordance with the requirements contained in this section.
    (2) The standard requirements applicable to UN pressure receptacles 
may be varied only if approved in writing by the Associate 
Administrator.
    (3) The test pressure of UN cylinders, tubes, and bundles of 
cylinders must conform to the requirements in Part 178 of this 
subchapter.
    (d) Service equipment. (1) Except for pressure relief devices, UN 
pressure receptacle equipment, including valves, piping, fittings, and 
other equipment subjected to pressure must be designed and constructed 
to withstand at least 1.5 times the test pressure of the pressure 
receptacle.
    (2) Service equipment must be configured or designed to prevent 
damage that could result in the release of the pressure receptacle 
contents during normal conditions of handling and transport. Manifold 
piping leading to shut-off valves must be sufficiently flexible to 
protect the valves and the piping from shearing or releasing the 
pressure receptacle contents. The filling and discharge valves and any 
protective caps must be secured against unintended opening. The valves 
must be protected as specified in Sec.  173.301b(f) of this subchapter.
    (3) UN pressure receptacles that cannot be handled manually or 
rolled, must be equipped with devices (e.g. skids, rings, straps) 
ensuring that they can be safely handled by mechanical means and so 
arranged as not to impair the strength of, nor cause undue stresses, in 
the pressure receptacle.
    (4) Pressure receptacles filled by volume must be equipped with a 
level indicator.
    (e) Bundles of cylinders. UN pressure receptacles assembled in 
bundles must be structurally supported and held together as a unit and 
secured in a manner that prevents movement in relation to the 
structural assembly and movement that would result in the concentration 
of harmful local stresses. The frame design must ensure stability under 
normal operating conditions.
    (1) The frame must securely retain all the components of the bundle 
and must protect them from damage during conditions normally incident 
to transportation. The method of cylinder restraint must prevent any 
vertical or horizontal movement or rotation of the cylinder that could 
cause undue strain on the manifold. The total assembly must be able to 
withstand rough handling, including being dropped or overturned.
    (2) The frame must include features designed for the handling and 
transportation of the bundle. The lifting rings must be designed to 
withstand a design load of 2 times the maximum gross weight. Bundles 
with more than one lifting ring must be designed such that a minimum 
sling angle of 45 degrees to the horizontal can be achieved during 
lifting using the lifting rings. If four lifting rings are used, their 
design must be strong enough to allow the bundle to be lifted by two 
rings. Where two or four lifting rings are used, diametrically opposite 
lifting rings must be aligned with each other to allow for correct 
lifting using shackle pins. If the bundle is filled with forklift 
pockets, it must contain two forklift pockets on each side from which 
it is to be lifted. The forklift pockets must be positioned 
symmetrically consistent with the bundle center of gravity.
    (3) The frame structural members must be designed for a vertical 
load of 2 times the maximum gross weight of the bundle. Design stress 
levels may not

[[Page 11793]]

exceed 0.9 times the yield strength of the material.
    (4) The frame may not contain any protrusions from the exterior 
frame structure that could cause a hazardous condition.
    (5) The frame design must prevent collection of water or other 
debris that would increase the tare weight of bundles filled by weight.
    (6) The floor of the bundle frame must not buckle during normal 
operating conditions and must allow for the drainage of water and 
debris from around the base of the cylinders.
    (7) If the frame design includes movable doors or covers, they must 
be capable of being secured with latches or other means that will not 
become dislodged by operational impact loads. Valves that need to be 
operated in normal service or in an emergency must be accessible.
    (g) Design and construction requirements for UN refillable seamless 
steel cylinders. In addition to the general requirements of this 
section, UN refillable seamless steel cylinders must conform to the 
following ISO standards, as applicable:
    (1) ISO 9809-1; Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1100 MPa. 
(IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 9809-2; Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1100 MPa. (IBR, see Sec.  171.7 of this subchapter).
    (3) ISO 9809-3; Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 3: Normalized steel 
cylinders. (IBR, see Sec.  171.7 of this subchapter).
    (h) Design and construction requirements for UN refillable seamless 
aluminum alloy cylinders. In addition to the general requirements of 
this section, UN refillable seamless aluminum cylinders must conform to 
ISO 7866; Gas cylinders--Refillable seamless aluminum alloy gas 
cylinders--Design, construction and testing. (IBR, see Sec.  171.7 of 
this subchapter). The use of Aluminum alloy 6351-T6 or equivalent is 
prohibited.
    (i) Design and construction requirements for UN non-refillable 
metal cylinders. In addition to the general requirements of this 
section, UN non-refillable metal cylinders must conform to ISO 11118; 
Gas cylinders--Non-refillable metallic gas cylinders--Specification and 
test methods. (IBR, see Sec.  171.7 of this subchapter).
    (j) Design and construction requirements for UN refillable seamless 
steel tubes. In addition to the general requirements of this section, 
UN refillable seamless steel tubes must conform to ISO 11120; Gas 
cylinders--Refillable seamless steel tubes for compressed gas 
transport, of water capacity between 150 L and 3000 L--Design, 
construction and testing. (IBR, see Sec.  171.7 of this subchapter).
    (k) Design and construction requirements for UN acetylene 
cylinders. In addition to the general requirements of this section, UN 
acetylene cylinders must conform to the following ISO standards, as 
applicable:
    (1) For the cylinder shell:
    (i) ISO 9809-1; Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1100 MPa.
    (ii) ISO 9809-3; Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 3: Normalized steel 
cylinders.
    (2) The porous mass in an acetylene cylinder must conform to ISO 
3807-2; Cylinders for acetylene--Basic requirements--Part 2: Cylinders 
with fusible plugs. (IBR, see Sec.  171.7 of this subchapter).
    (l) Design and construction requirements for UN composite 
cylinders. In addition to the general requirements of this section, UN 
composite cylinders must be designed for unlimited service life and 
conform to the following ISO standards, as applicable:
    (1) ISO 11119-1; Gas cylinders of composite construction--
Specification and test methods--Part 1: Hoop-wrapped composite gas 
cylinders. (IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 11119-2; Gas cylinders of composite construction--
Specification and test methods--Part 2: Fully-wrapped fibre reinforced 
composite gas cylinders with load-sharing metal liners. (IBR, see Sec.  
171.7 of this subchapter).
    (3) ISO 11119-3; Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced 
composite gas cylinders with non-metallic and non-load sharing metallic 
liners. (IBR, see Sec.  171.7 of this subchapter). The design and 
construction of composite cylinders without liners are prohibited.
    (m) Material compatibility. In addition to the material 
requirements specified in the UN pressure receptacle design and 
construction ISO standards, and any restrictions specified in Part 173 
for the gases to be transported, the requirements of the following 
standards must be applied with respect to material compatibility:
    (1) ISO 11114-1; Transportable gas cylinders--Compatibility of 
cylinder and valve materials with gas contents--Part 1: Metallic 
materials. (IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 11114-2; Transportable gas cylinders--Compatibility of 
cylinder and valve materials with gas contents--Part 2: Non-metallic 
materials. (IBR, see Sec.  171.7 of this subchapter).
    (n) Protection of service equipment and closures. Closures and 
their protection must conform to the requirements in Sec.  173.301(f) 
of this subchapter.
    (o) Marking of UN refillable pressure receptacles. UN refillable 
pressure receptacles must be marked clearly and legibly. The required 
markings must be permanently affixed by stamping, engraving, or other 
equivalent method, on the shoulder, top end or neck of the pressure 
receptacle or on a permanently affixed component of the pressure 
receptacle, such as a welded collar. Except for the ``UN'' mark, the 
minimum size of the marks must be 5 mm for pressure receptacles with a 
diameter greater than or equal to 140 mm and 2.5 mm for pressure 
receptacles with a diameter less than 140 mm. The minimum size of the 
``UN'' mark must be 5 mm for pressure receptacles with a diameter less 
than 140 mm and 10 mm for pressure receptacles with a diameter of 
greater than or equal to 140 mm. The depth of the markings must not 
create harmful stress concentrations. A refillable pressure receptacle 
conforming to the UN standard must be marked as follows:
    (1) The UN packaging symbol.
    [GRAPHIC] [TIFF OMITTED] TP09MR05.001
    
    (2) The ISO standard, for example ISO 9809-1, used for design, 
construction and testing.
    (3) The mark of the country where the approval is granted. The 
letters ``USA'' must be marked on UN pressure receptacles approved by 
the United States. The manufacturer must obtain an approval number from 
the Associate Administrator. The manufacturer approval number must 
follow the country of approval mark, separated by a slash (for example, 
USA/MXXXX). Pressure receptacles approved by more than one national 
authority may contain

[[Page 11794]]

the mark of each country of approval, separated by a comma.
    (4) The identity mark or stamp of the IIA.
    (5) The date of the initial inspection, the year (four digits) 
followed by the month (two digits) separated by a slash, for example 
``2006/04''.
    (6) The test pressure in bar, preceded by the letters ``PH'' and 
followed by the letters ``BAR''.
    (7) The empty or tare weight. Except for acetylene cylinders, empty 
weight is the mass of the pressure receptacle in kilograms, including 
all integral parts (e.g., collar, neck ring, foot ring, etc.), followed 
by the letters ``KG''. The empty weight does not include the mass of 
the valve, valve cap or valve guard or any coating. The empty weight 
must be expressed to three significant figures rounded up to the last 
digit. For cylinders of less than 1 kg, the empty weight must be 
expressed to two significant figures rounded down to the last digit. 
For acetylene cylinders, the tare weight must be marked on the 
cylinders in kilograms (KG). The tare weight is the sum of the empty 
weight, mass of the valve, any coating and all permanently attached 
parts (e.g. fittings and accessories) that are not removed during 
filling. The tare weight must be expressed to two significant figures 
rounded down to the last digit. The tare weight does not include the 
cylinder cap or any outlet cap or plug not permanently attached to the 
cylinder.
    (8) The minimum wall thickness of the pressure receptacle in 
millimeters followed by the letters ``MM''. This mark is not required 
for pressure receptacles with a water capacity less than or equal to 
1.0 L or for composite cylinders.
    (9) For pressure receptacles intended for the transport of 
compressed gases and UN 1001 acetylene, dissolved, the working pressure 
in bar, preceded by the letters ``PW''.
    (10) For liquefied gases, the water capacity in liters expressed to 
three significant digits rounded down to the last digit, followed by 
the letter ``L''. If the value of the minimum or nominal water capacity 
is an integer, the digits after the decimal point may be omitted.
    (11) Identification of the cylinder thread type (e.g., 25E).
    (12) The country of manufacture. The letters ``USA'' must be marked 
on cylinders manufactured in the United States.
    (13) The serial number assigned by the manufacturer.
    (14) For steel pressure receptacles intended for the transport of 
gases with a risk of hydrogen embrittlement, the letter ``H'' showing 
compatibility of the steel, as specified in 1SO 11114-1.
    (15) Identification of aluminum alloy, if applicable.
    (16) Stamp for Nondestructive testing, if applicable.
    (p) Marking sequence. The marking required by paragraph (o) must be 
placed in three groups as shown in the example below:
    (i) The top grouping contains manufacturing marks and must appear 
consecutively in the sequence given in paragraphs (o)(11) through (16) 
of this section.
    (ii) The middle grouping contains operational marks described in 
paragraphs (o)(11) through (15) of this section.
    (iii) The bottom grouping contains certification marks and must 
appear consecutively in the sequence given in paragraph (o)(1) through 
(5) of this section.
[GRAPHIC] [TIFF OMITTED] TP09MR05.002

    (q) Other markings. Other markings are allowed in areas other than 
the side wall, provided they are made in low stress areas and are not 
of a size and depth that will create harmful stress concentrations. 
Such marks must not conflict with required marks.
    (r) Marking of UN non-refillable pressure receptacles. Unless 
otherwise specified in this paragraph, each UN non-refillable pressure 
receptacles must be clearly and legibly marked as prescribed in 
paragraph (o) of this section. In addition, permanent stenciling is 
authorized. Except when stenciled, the marks must be on the shoulder, 
top end or neck of the pressure receptacle or on a permanently affixed 
component of the pressure receptacle, for example a welded collar.
    (1) The marking requirements and sequence listed in paragraphs 
(o)(1) through (16) of this section are required, except the markings 
in paragraphs (o)(7), (8), and (11) are not applicable. The required 
serial number marking in paragraph (o)(13) may be replaced by the batch 
number.
    (2) Each receptacle must be marked with the words ``DO NOT REFILL'' 
in letters of at least 5 mm in height.
    (3) A non-refillable pressure receptacle may, because of its size, 
substitute the marking required by this paragraph with a label. 
Reduction in marking size is authorized only as

[[Page 11795]]

prescribed in ISO 7225, Gas cylinders--Precautionary labels. (IBR, see 
Sec.  171.7 of this subchapter).
    (4) Each non-refillable pressure receptacle must also be legibly 
marked by stencilling the following statement: ``Federal law forbids 
transportation if refilled-penalty up to $500,000 fine and 5 years in 
imprisonment (49 U.S.C. 5124).''
    (5) No person may mark a non-refillable pressure receptacle as 
meeting the requirements of this section unless it was manufactured in 
conformance with this section and the manufacturer has a current 
approval issued by the Associate Administrator.
    40. Section 178.74 is added to read as follows:


Sec.  178.74  Approval of MEGCs.

    (a) Application for design type approval. (1) Each new MEGC design 
type must have a design approval certificate. An owner or manufacturer 
must apply to an approval agency that is approved by the Associate 
Administrator in accordance with subpart E of part 107 of this chapter 
to obtain approval of a new design. When a series of MEGCs is 
manufactured without change in the design, the certificate is valid for 
the entire series. The design approval certificate must refer to the 
prototype test report, the materials of construction of the manifold, 
the standards to which the pressure receptacles are made and an 
approval number. The compliance requirements or test methods applicable 
to MEGCs as specified in this subpart may be varied when the level of 
safety is determined to be equivalent to or exceed the requirements of 
this subchapter and is approved in writing by the Associate 
Administrator. A design approval may serve for the approval of smaller 
MEGCs made of materials of the same type and thickness, by the same 
fabrication techniques and with identical supports, equivalent closures 
and other appurtenances.
    (2) Each application for design approval must be in English and 
contain the following information:
    (i) Two complete copies of all engineering drawings, calculations, 
and test data necessary to ensure that the design meets the relevant 
specification.
    (ii) The manufacturer's serial number that will be assigned to each 
MEGC.
    (iii) A statement as to whether the design type has been examined 
by any approval agency previously and judged unacceptable. Affirmative 
statements must be documented with the name of the approval agency, 
reason for nonacceptance, and the nature of modifications made to the 
design type.
    (2) Actions by the approval agency. The approval agency must review 
the application for design type approval, including all drawings and 
calculations, to ensure that the design of the MEGC meets all 
requirements of the relevant specification and to determine whether it 
is complete and conforms to the requirements of this section. An 
incomplete application will be returned to the applicant with the 
reasons why the application was returned. If the application is 
complete and all applicable requirements of this section are met, the 
approval agency must prepare a MEGC design approval certificate 
containing the manufacturer's name and address, results and conclusions 
of the examination and necessary data for identification of the design 
type. If the Associate Administrator approves the Design Type Approval 
Certificate application, the approval agency and the manufacturer must 
each maintain a copy of the approved drawings, calculations, and test 
data for at least 20 years.
    (b) Approval agency's responsibilities. The approval agency is 
responsible for ensuring that the MEGC conforms to the design type 
approval. The approval agency must:
    (1) Witness all tests required for the approval of the MEGC 
specified in this section and Sec.  178.75.
    (2) Ensure, through appropriate inspection, that each MEGC is 
fabricated in all respects in conformance with the approved drawings, 
calculations, and test data.
    (3) Determine and ensure that the MEGC is suitable for its intended 
use and that it conforms to the requirements of this subchapter.
    (4) Apply its name, identifying mark or identifying number, and the 
date the approval was issued, to the metal identification marking plate 
attached to the MEGC upon successful completion of all requirements of 
this subpart. Any approvals by the Associate Administrator authorizing 
design or construction alternatives (Alternate Arrangements) of the 
MEGC (see paragraph (a) of this section) must be indicated on the metal 
identification plate as specified in Sec.  178.75(j).
    (5) Prepare an approval certificate for each MEGC or, in the case 
of a series of identical MEGCs manufactured to a single design type, 
for each series of MEGCs. The approval certificate must include all of 
the following information:
    (i) The information displayed on the metal identification plate 
required by Sec.  178.75(j);
    (ii) The results of the applicable framework test specified in ISO 
1496-3 (IBR, see Sec.  171.7 of this subchapter);
    (iii) The results of the initial inspection and test specified in 
paragraph (h) of this section;
    (iv) The results of the impact test specified in Sec.  
178.75(i)(4);
    (v) Certification documents verifying that the cylinders and tubes 
conform to the applicable standards; and
    (vi) A statement that the approval agency certifies the MEGC in 
accordance with the procedures in this section and that the MEGC is 
suitable for its intended purpose and meets the requirements of this 
subchapter. When a series of MEGCs is manufactured without change in 
the design type, the certificate may be valid for the entire series of 
MEGCs representing a single design type. The approval number must 
consist of the distinguishing sign or mark of the country (``USA'' for 
the United States of America) where the approval was granted and a 
registration number.
    (6) Retain on file a copy of each approval certificate for at least 
20 years.
    (c) Manufacturers' responsibilities. The manufacturer is 
responsible for compliance with the applicable specifications for the 
design and construction of MEGCs. The manufacturer of a MEGC must:
    (1) Comply with all the requirements of the applicable ISO standard 
specified in Sec.  178.71;
    (2) Obtain and use an approval agency to review the design, 
construction and certification of the MEGC;
    (3) Provide a statement in the manufacturers' data report 
certifying that each MEGC manufactured complies with the relevant 
specification and all the applicable requirements of this subchapter; 
and
    (4) Retain records for the MEGCs for at least 20 years. When 
required by the specification, the manufacturer must provide copies of 
the records to the approval agency, the owner or lessee of the MEGC, 
and to a representative of DOT, upon request.
    (d) Denial of application for approval. If the Associate 
Administrator finds that the MEGC will not be approved for any reason, 
the Associate Administrator will notify the applicant in writing and 
provide the reason for the denial. The manufacturer may request that 
the Associate Administrator reconsider the decision. The application 
request must--
    (1) Be written in English and filed within 90 days of receipt of 
the decision;
    (2) State in detail any alleged errors of fact and law; and

[[Page 11796]]

    (3) Enclose any additional information needed to support the 
request to reconsider;
    (e) Appeal. (1) A manufacturer whose reconsideration request is 
denied may appeal to the PHMSA Administrator. The appeal must--
    (i) Be in writing and filed within 90 days of receipt of the 
Associate Administrator's decision on reconsideration;
    (ii) State in detail any alleged errors of fact and law;
    (iii) Enclose any additional information needed to support the 
appeal; and
    (iv) State in detail the modification of the final decision sought.
    (2) The Administrator will grant or deny the relief and inform the 
appellant in writing of the decision. The Administrator's decision is 
the final administrative action.
    (f) Modifications to approved MEGCs. (1) Prior to modification of 
any approved MEGC that may affect conformance and safe use, and that 
may involve a change to the design type or affect its ability to retain 
the hazardous material in transportation, the MEGC's owner must inform 
the approval agency that prepared the initial approval certificate for 
the MEGC or, if the initial approval agency is unavailable, another 
approval agency, of the nature of the modification and request 
certification of the modification. The owner must supply the approval 
agency with all revised drawings, calculations, and test data relative 
to the intended modification. The MEGC's owner must also provide a 
statement as to whether the intended modification has been examined and 
determined to be unacceptable by any approval agency. The written 
statement must include the name of the approval agency, the reason for 
nonacceptance, and the nature of changes made to the modification since 
its original rejection.
    (2) The approval agency must review the request for modification. 
If the approval agency determines that the proposed modification does 
not conform to the relevant specification, the approval agency must 
reject the request in accordance with paragraph (d) of this section. If 
the approval agency determined that the proposed modification conforms 
fully with the relevant specification, the request is accepted. If 
modification to an approved MEGC alters any information on the approval 
certificate, the approval agency must prepare a new approval 
certificate for the modified MEGC and submit the certificate to the 
Associate Administrator for approval. After receiving approval from the 
Associate Administrator, the approval agency must ensure that any 
necessary changes are made to the metal identification plate. A copy of 
each newly issued approval certificate must be retained by the approval 
agency and the MEGC's owner for at least 20 years. The approval agency 
must perform the following activities:
    (i) Retain a set of the approved revised drawings, calculations, 
and data as specified in Sec.  178.69(b)(4) for at least 20 years;
    (ii) Ensure through appropriate inspection that all modifications 
conform to the revised drawings, calculations, and test data; and
    (iii) Determine the extent to which retesting of the modified MEGC 
is necessary based on the nature of the proposed modification, and 
ensure that all required retests are satisfactorily performed.
    (g) Termination of Approval Certificate. (1) The Associate 
Administrator may terminate an approval issued under this section if he 
or she determines that--
    (i) Because of a change in circumstances, the approval no longer is 
needed or no longer would be granted if applied for;
    (ii) Information upon which the approval was based is fraudulent or 
substantially erroneous;
    (iii) Termination of the approval is necessary to adequately 
protect against risks to life and property; or
    (iv) The MEGC does not meet the specification.
    (2) Before an approval is terminated, the Associate Administrator 
will provide the person--
    (i) Written notice of the facts or conduct believed to warrant the 
termination;
    (ii) An opportunity to submit oral and written evidence; and
    (3) An opportunity to demonstrate or achieve compliance with the 
applicable requirements.
    (h) If the Associate Administrator determines that a certificate of 
approval must be terminated to preclude a significant and imminent 
adverse effect on public safety, the Associate Administrator may 
terminate the certificate immediately. In such circumstances, the 
opportunities of paragraphs (g)(2) and (3) of this section need not be 
provided prior to termination of the approval, but must be provided as 
soon as practicable thereafter.
    41. Section 178.75 is added to read as follows:


Sec.  178.75  Specifications for MEGCs.

    (a) General. Each MEGC must meet the requirements of this section. 
In a MEGC that meets the definition of a ``container'' within the terms 
of the International Convention for Safe Containers (CSC) must meet the 
requirements of the CSC as amended and 49 CFR parts 450 through 453, 
and must have a CSC approval plate.
    (b) Alternate Arrangements. The technical requirements applicable 
to MEGCs may be varied when the level of safety is determined to be 
equivalent to or exceed the requirements of this subchapter. Such an 
alternate arrangement must be approved in writing by the Associate 
Administrator. MEGCs approved to an Alternate Arrangement must be 
marked as required by paragraph (j) of this section.
    (c) Definitions. The following definitions apply:
    Leakproofness test means a test using gas subjecting the pressure 
receptacles and the service equipment of the MEGC to an effective 
internal pressure of not less than 20% of the test pressure.
    Manifold means an assembly of piping and valves connecting the 
filling and/or discharge openings of the pressure receptacles.
    Maximum permissible gross mass or MPGM means the heaviest load 
authorized for transport (sum of the tare mass of the MEGC, service 
equipment and pressure receptacle).
    Service equipment means manifold system (measuring instruments, 
piping and safety devices).
    Shut-off valve means a valve that stops the flow of gas.
    Structural equipment means the reinforcing, fastening, protective 
and stabilizing members external to the pressure receptacles.
    (d) General design and construction requirements. (1) The MEGC must 
be capable of being loaded and discharged without the removal of its 
structural equipment. It must possess stabilizing members external to 
the pressure receptacles to provide structural integrity for handling 
and transport. MEGCs must be designed and constructed with supports to 
provide a secure base during transport and with lifting and tie-down 
attachments that are adequate for lifting the MEGC including when 
loaded to its maximum permissible gross mass. The MEGC must be designed 
to be loaded onto a transport vehicle or vessel and equipped with 
skids, mountings or accessories to facilitate mechanical handling.
    (2) MEGCs must be designed, manufactured and equipped to withstand, 
without loss of contents, all normal handling and transportation 
conditions. The design must take into account the effects of dynamic 
loading and fatigue.

[[Page 11797]]

    (3) Each pressure receptacle of a MEGC must be of the same design 
type, seamless steel, and constructed and tested according to one of 
the following ISO standards:
    (i) ISO 9809-1; Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1100 MPa. 
(IBR, see Sec.  171.7 of this subchapter);
    (ii) ISO 9809-2; Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1100 MPa. (IBR, see Sec.  171.7 of this subchapter);
    (iii) ISO 9809-3; Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 3: Normalized steel 
cylinders. (IBR, see Sec.  171.7 of this subchapter); or
    (iv) ISO 11120; Gas cylinders-Refillable seamless steel tubes of 
water capacity between 150 L and 3000 L--Design, construction and 
testing. (IBR, see Sec.  171.7 of this subchapter).
    (4) Pressure receptacles of MEGCs, fittings, and pipework must be 
constructed of a material that is compatible with the hazardous 
materials intended to be transported, as specified in this subchapter.
    (5) Contact between dissimilar metals that could result in damage 
by galvanic action must be prevented by appropriate means.
    (6) The materials of the MEGC, including any devices, gaskets, and 
accessories, must have no adverse effect on the gases intended for 
transport in the MEGC.
    (7) MEGCs must be designed to withstand, without loss of contents, 
at least the internal pressure due to the contents, and the static, 
dynamic and thermal loads during normal conditions of handling and 
transport. The design must take into account the effects of fatigue, 
caused by repeated application of these loads through the expected life 
of the MEGC.
    (8) MEGCs and their fastenings must, under the maximum permissible 
load, be capable of withstanding the following separately applied 
static forces (for calculation purposes, acceleration due to gravity 
(g) = 9.81 m/s\2\):
    (i) In the direction of travel: 2g (twice the MPGM multiplied by 
the acceleration due to gravity);
    (ii) Horizontally at right angles to the direction of travel: 1g 
(the MPGM multiplied by the acceleration due to gravity. When the 
direction of travel is not clearly determined, the forces must be equal 
to twice the MPGM);
    (iii) Vertically upwards: 1g (the MPGM multiplied by the 
acceleration due to gravity); and
    (iv) Vertically downwards: 2g (twice the MPGM (total loading 
including the effect of gravity) multiplied by the acceleration due to 
gravity.
    (9) Under each of the forces specified in paragraph (d)(8) of this 
section, the stress at the most severely stressed point of the pressure 
receptacles must not exceed the values given in the applicable design 
specifications (e.g., ISO 11120).
    (10) Under each of the forces specified in paragraph (d)(8) of this 
section, the safety factor for the framework and fastenings must be as 
follows:
    (i) For steels having a clearly defined yield point, a safety 
factor of 1.5 in relation to the guaranteed yield strength; or
    (ii) For steels with no clearly defined yield point, a safety 
factor of 1.5 in relation to the guaranteed 0.2 percent proof strength 
and, for austenitic steels, the 1 percent proof strength.
    (11) MEGCs must be capable of being electrically grounded to 
prevent electrostatic discharge when intended for flammable gases.
    (12) The pressure receptacles of a MEGC must be secured in a manner 
to prevent movement that could result in damage to the structure and 
concentration of harmful localized stresses.
    (e) Service equipment. (1) Service equipment must be arranged so 
that it is protected from mechanical damage by external forces during 
handling and transportation. When the connections between the frame and 
the pressure receptacles allow relative movement between the 
subassemblies, the equipment must be fastened to allow movement to 
prevent damage to any working part. The manifolds, discharge fittings 
(pipe sockets, shut-off devices), and shut-off valves must be protected 
from damage by external forces. Manifold piping leading to shut-off 
valves must be sufficiently flexible to protect the valves and the 
piping from shearing, or releasing the pressure receptacle contents. 
The filling and discharge devices, including flanges or threaded plugs, 
and any protective caps must be capable of being secured against 
unintended opening.
    (2) Each pressure receptacle intended for the transport of Division 
2.3 gases must be equipped with an individual shut-off valve. The 
manifold for Division 2.3 liquefied gases must be designed so that each 
pressure receptacle can be filled separately and be kept isolated by a 
valve capable of being closed during transit. For Division 2.1 gases, 
the pressure receptacles must be isolated by an individual shut-off 
valve into assemblies of not more than 3,000 L.
    (3) For MEGC filling and discharge openings, two valves in series 
must be placed in an accessible position on each discharge and filling 
pipe. One of the valves may be a backflow prevention valve. The filling 
and discharge devices may be equipped to a manifold. For sections of 
piping which can be closed at both ends and where a liquid product can 
be trapped, a pressure-relief valve must be provided to prevent 
excessive pressure build-up. The main isolation valves on a MEGC must 
be clearly marked to indicate their directions of closure. Each shut-
off valve or other means of closure must be designed and constructed to 
withstand a pressure equal to or greater than 1.5 times the test 
pressure of the MEGC. All shut-off valves with screwed spindles must 
close by a clockwise motion of the handwheel. For other shut-off 
valves, the open and closed positions and the direction of closure must 
be clearly shown. All shut-off valves must be designed and positioned 
to prevent unintentional opening. Ductile metals must be used in the 
construction of valves or accessories.
    (4) The piping must be designed, constructed and installed to avoid 
damage due to expansion and contraction, mechanical shock and 
vibration. Joints in tubing must be brazed or have an equally strong 
metal union. The melting point of brazing materials must be no lower 
than 525 [deg]C (977 [deg]F). The rated pressure of the service 
equipment and of the manifold must be not less than two-thirds of the 
test pressure of the pressure receptacles.
    (f) Pressure relief devices. Each pressure receptacle must be 
equipped with one or more pressure relief devices as specified in Sec.  
173.301(f) of this subchapter. When pressure relief devices are 
installed, each pressure receptacle or group of pressure receptacles of 
a MEGC that can be isolated must be equipped with one or more pressure 
relief devices. Pressure relief devices must be of a type that will 
resist dynamic forces including liquid surge and must be designed to 
prevent the entry of foreign matter, the leakage of gas and the 
development of any dangerous excess pressure.
    (1) The size of the pressure relief devices: CGA S-1.1 (IBR, see 
Sec.  171.7 of this subchapter) must be used to determine the relief 
capacity of individual pressure receptacles.

[[Page 11798]]

    (2) Connections to pressure-relief devices: Connections to pressure 
relief devices must be of sufficient size to enable the required 
discharge to pass unrestricted to the pressure relief device. A shut-
off valve installed between the pressure receptacle and the pressure 
relief device is prohibited, except where duplicate devices are 
provided for maintenance or other reasons, and the shut-off valves 
serving the devices actually in use are locked open, or the shut-off 
valves are interlocked so that at least one of the duplicate devices is 
always operable and capable of meeting the requirements of paragraph 
(f)(1) of this section. No obstruction is permitted in an opening 
leading to or leaving from a vent or pressure-relief device that might 
restrict or cut-off the flow from the pressure receptacle to that 
device. The opening through all piping and fittings must have at least 
the same flow area as the inlet of the pressure relief device to which 
it is connected. The nominal size of the discharge piping must be at 
least as large as that of the pressure relief device.
    (3) Location of pressure-relief devices: For liquefied gases, each 
pressure relief device must, under maximum filling conditions, be in 
communication with the vapor space of the pressure receptacles. The 
devices, when installed, must be arranged to ensure the escaping vapor 
is discharged upwards and unrestrictedly to prevent impingement of 
escaping gas or liquid upon the MEGC, its pressure receptacles or 
personnel. For flammable, pyrophoric and oxidizing gases, the escaping 
gas must be directed away from the pressure receptacle in such a manner 
that it cannot impinge upon the other pressure receptacles. Heat 
resistant protective devices that deflect the flow of gas are 
permissible provided the required pressure relief device capacity is 
not reduced. Arrangements must be made to prevent access to the 
pressure relief devices by unauthorized persons and to protect the 
devices from damage caused by rollover.
    (g) Gauging devices. When a MEGC is intended to be filled by mass, 
it must be equipped with one or more gauging devices. Glass level-
gauges and gauges made of other fragile material are prohibited.
    (h) MEGC supports, frameworks, lifting and tie-down attachments. 
(1) MEGCs must be designed and constructed with a support structure to 
provide a secure base during transport. MEGCs must be protected against 
damage to the pressure receptacles and service equipment resulting from 
lateral and longitudinal impact and overturning. The forces specified 
in paragraph (d)(8) of this section, and the safety factor specified in 
paragraph (d)(10) of this section must be considered in this aspect of 
the design. Skids, frameworks, cradles or other similar structures are 
acceptable. If the pressure receptacles and service equipment are so 
constructed as to withstand impact and overturning, additional 
protective support structure is not required (see paragraph (h)(4) of 
this section).
    (2) The combined stresses caused by pressure receptacle mountings 
(e.g. cradles, frameworks, etc.) and MEGC lifting and tie-down 
attachments must not cause excessive stress in any pressure receptacle. 
Permanent lifting and tie-down attachments must be equipped to all 
MEGCs. Any welding of mountings or attachments onto the pressure 
receptacles is prohibited.
    (3) The effects of environmental corrosion must be taken into 
account in the design of supports and frameworks.
    (4) When MEGCs are not protected during transport as specified in 
paragraph (h)(1) of this section, the pressure receptacles and service 
equipment must be protected against damage resulting from lateral or 
longitudinal impact or overturning. External fittings must be protected 
against release of the pressure receptacles' contents upon impact or 
overturning of the MEGC on its fittings. Particular attention must be 
paid to the protection of the manifold. Examples of protection include:
    (i) Protection against lateral impact, which may consist of 
longitudinal bars;
    (ii) Protection against overturning, which may consist of 
reinforcement rings or bars fixed across the frame;
    (iii) Protection against rear impact, which may consist of a bumper 
or frame;
    (iv) Protection of the pressure receptacles and service equipment 
against damage from impact or overturning by use of an ISO frame 
according to the relevant provisions of ISO 1496-3.
    (i) Initial inspection and test. The pressure receptacles and items 
of equipment of each MEGC must be inspected and tested before being put 
into service for the first time (initial inspection and test). This 
initial inspection and test of a MEGC must include the following:
    (1) A check of the design characteristics.
    (2) An external examination of the MEGC and its fittings, taking 
into account the hazardous materials to be transported.
    (3) A pressure test performed at the test pressures specified in 
Sec.  173.304b(b)(1) and (2) of this subchapter. The pressure test of 
the manifold may be performed as a hydraulic test or by using another 
liquid or gas. A leakproofness test and a test of the satisfactory 
operation of all service equipment must also be performed before the 
MEGC is placed into service. When the pressure receptacles and their 
fittings have been pressure-tested separately, they must be subjected 
to a leakproof test after assembly.
    (4) A MEGC that meets the definition of ``container'' in the CSC 
(see 49 CFR 450.3(a)(2)) must be subjected to an impact test using a 
prototype representing each design type. The prototype MEGC must be 
shown to be capable of absorbing the forces resulting from an impact 
not less than 4 times (4g) the MPGM of the fully loaded MEGC, at a 
duration typical of the mechanical shocks experienced in rail 
transport. A listing of acceptable methods for performing the impact 
test is provided in the UN Model Regulations (IBR, see Sec.  171.7 of 
this subchapter).
    (j) Marking. (1) Each MEGC must be equipped with a corrosion 
resistant metal plate permanently attached to the MEGC in a conspicuous 
place readily accessible for inspection. The pressure receptacles must 
be marked according to this section. Affixing the metal plate to a 
pressure receptacle is prohibited. At a minimum, the following 
information must be marked on the plate by stamping or by any other 
equivalent method:

Country of manufacture
UN
[GRAPHIC] [TIFF OMITTED] TP09MR05.003

Approval Country
Approval Number
Alternate Arrangements (see Sec.  178.75(b))
MEGC Manufacturer's name or mark
MEGC's serial number
Approval agency (Authorized body for the design approval)
Year of manufacture
Test pressure: ------ bar gauge
Design temperature range ------ [deg]C to ------[deg]C
Number of pressure receptacles ------
Total water capacity ------ liters
Initial pressure test date and identification of the Approval Agency
Date and type of most recent periodic tests
Year ------ Month ------ Type ------ (e.g. 2004-05, AE/UE, where ``AE''

[[Page 11799]]

represents acoustic emission and ``UE'' represents ultrasonic 
examination)
Stamp of the approval agency who performed or witnessed the most recent 
test

    (2) The following information must be marked on a metal plate 
firmly secured to the MEGC:

Name of the operator
Maximum permissible load mass ------ kg
Working pressure at 15[deg]C: ------ bar gauge
Maximum permissible gross mass (MPGM) ------ kg
Unladen (tare) mass ------ kg

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    43. Section 180.201 is revised to read as follows:


Sec.  180.201  Applicability.

    This subpart prescribes requirements, in addition to those 
contained in parts 107, 171, 172, 173, and 178 of this chapter, for the 
continuing qualification, maintenance, or periodic requalification of 
DOT specification and exemption cylinders and UN pressure receptacles.
    44. In Sec.  180.203, the introductory paragraph is revised to read 
as follows:


Sec.  180.203  Definitions.

    As used in this section, the word ``cylinder'' includes UN pressure 
receptacles. In addition to the definitions contained in Sec.  171.8 of 
this subchapter, the following definitions apply to this subpart:
* * * * *


Sec.  180.205  [Amended]

    45. In Sec.  180.205, the section heading is revised to read: 
``General requirements for requalification of specification 
cylinders.''
    46. Section 180.207 is added to read as follows:


Sec.  180.207  Requirements for requalification of UN pressure 
receptacles.

    (a) General. (1) Each UN pressure receptacle used for the 
transportation of hazardous materials must conform to the requirements 
prescribed in paragraphs (a), (b) and (d) in Sec.  180.205.
    (2) No pressure receptacle due for requalification 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.
    (3) A cylinder with a specified service life may not be refilled 
and offered for transportation after its authorized service life has 
expired. No person may requalify a UN composite pressure receptacle for 
continued use beyond its 15-years authorized service life unless 
approval has been obtained in writing from the Associate Administrator.
    (b) Periodic requalification of UN pressure receptacles. (1) Each 
cylinder that is successfully requalified in accordance with the 
requirements specified in this section must be marked in accordance 
with Sec.  180.213. The requalification results must be recorded in 
accordance with Sec.  180.215.
    (2) Each cylinder that fails requalification must be rejected or 
condemned in accordance with the applicable ISO requalification 
standard.
    (c) Requalification interval. Each UN pressure receptacle that 
becomes due for periodic requalification must be requalified at the 
interval specified in the following table:

     Table 1.--Requalification Intervals of UN Pressure Receptacles
------------------------------------------------------------------------
                                       UN pressure receptacles/hazardous
           Interval (years)                        materials
------------------------------------------------------------------------
10...................................  Pressure receptacles for all
                                        hazardous materials except as
                                        noted below (also for dissolved
                                        acetylene, see paragraph (c)(3)
                                        of this section):
5....................................  Composite cylinders.
                                       All Division 2.3 materials.
                                       UN1013, Carbon dioxide.
                                       UN1043, Fertilizer ammoniating
                                        solution with free ammonia.
                                       UN1051, Hydrogen cyanide,
                                        stabilized containing less than
                                        3% water.
                                       UN1052, Hydrogen fluoride,
                                        anhydrous.
                                       UN1745, Bromine pentafluoride.
                                       UN1746, Bromine trifluoride.
                                       UN2073, Ammonia solution.
                                       UN2495, Iodine pentafluoride.
                                       UN2983, Ethylene Oxide and
                                        Propylene oxide mixture, not
                                        more than 30% ethylene oxide.
------------------------------------------------------------------------

    (d) Requalification procedures. Each UN pressure receptacle that 
becomes due for requalification must be requalified at the interval 
prescribed in paragraph (b) of this section and in accordance with the 
procedures contained in the following standard, as applicable. When a 
pressure test is performed on a UN pressure receptacle, the test must 
be a water jacket volumetric expansion test suitable for the 
determination of the cylinder expansion. An alternative method (e.g. 
proof pressure test) may not be performed unless prior approval has 
been obtained in writing from the Associate Administrator. The test 
equipment must be calibrated daily in accordance with Sec.  180.205(g).
    (1) Seamless steel: Each seamless steel UN pressure receptacle, 
including MEGC's pressure receptacles, must be requalified in 
accordance with ISO 6406 ( IBR; see Sec.  171.7 of this subchapter), 
except that UN pressure receptacles made of high strength steel with 
tensile strength equal to or greater than 950 MPa and UN tubes must be 
requalified as specified in Sec.  180.209 or in accordance with 
requalification procedures approved by the Associate Administrator.
    (2) Seamless UN aluminum: Each seamless aluminum UN pressure 
receptacle must be requalified in accordance with ISO 10461 (IBR; see 
Sec.  171.7 of this subchapter).
    (3) Dissolved acetylene UN cylinders: Each dissolved acetylene 
cylinder must be requalified in accordance with ISO 10462 ( IBR; see 
Sec.  171.7 of this subchapter). The porous mass and the shell must be 
requalified no sooner than 3 years,  6 months, from the 
date of manufacture. Thereafter, subsequent

[[Page 11800]]

requalifications of the porous mass and shell must be performed at 
least once every ten years.
    (4) Composite UN cylinders: Each composite cylinder must be 
inspected and tested in accordance with ISO 11623 ( IBR; see Sec.  
171.7 of this subchapter).
    47. Section 180.212 is added to read as follows:


Sec.  180.212  Repair of seamless DOT 3-series specification cylinders 
and seamless UN pressure receptacles.

    (a) General requirements for repair of DOT 3-series cylinders and 
UN pressure receptacles. (1) No person may repair a DOT 3-series 
cylinder or a seamless UN pressure receptacle unless--
    (i) The repair facility holds an approval issued under the 
provisions in Sec.  107.805 of this subchapter; and
    (ii) Except as provided in paragraph (b) of this section, the 
repair and the inspection is performed under the provisions of an 
approval issued under subpart H of Part 107 of this subchapter and 
conform to the applicable cylinder specification or ISO standard 
contained in part 178 of this subchapter.
    (2) The person performing the repair must prepare a report 
containing, at a minimum, the results prescribed in Sec.  180.215.
    (b) Repairs not requiring prior approval. Approval is not required 
for the following specific repairs:
    (1) The removal and replacement of a neck ring or foot ring on a 
DOT 3A, 3AA or 3B cylinder or a UN pressure receptacle that does not 
affect a pressure part of the cylinder when the repair is performed by 
a repair facility or a cylinder manufacturer of these types of 
cylinders. The repair may be made by welding or brazing in conformance 
with the original specification. After removal and before replacement, 
the cylinder must be visually inspected and any defective cylinder must 
be rejected. The heat treatment, testing and inspection of the repair 
must be performed under the supervision of an inspector and must be 
performed in accordance with the original specification.
    (2) External re-threading of DOT 3AX, 3AAX or 3T specification 
cylinders or a UN pressure receptacle mounted in a MEGC; or the 
internal re-threading of a DOT-3 series cylinder or a seamless UN 
pressure receptacle when performed by the original manufacturer of the 
cylinder. The repair work must be performed under the supervision of an 
independent inspection agency. Upon completion of the re-threading, the 
threads must be gauged in accordance with Federal Standard H-28 or an 
equivalent standard containing the same specification limits. The re-
threaded cylinder must be stamped clearly and legibly with the words 
``RETHREAD'' on the shoulder, top head, or neck. No DOT specification 
cylinder or UN cylinder may be re-threaded more than one time without 
approval of the Associate Administrator.
    48. In Sec.  180.213, paragraphs (a), (f)(1), and (f)(7) are 
revised, and paragraph (c)(3) and (f)(8) are added, to read as follows:


Sec.  180.213  Requalification markings.

    (a) General. Each cylinder (including UN pressure receptacles) 
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.
* * * * *
    (c) * * *
    (3) For a composite cylinder, the requalification markings must be 
applied on a pressure sensitive label, securely affixed and overcoated 
with epoxy near the original manufacturer's label. Stamping of the 
composite surface is not authorized.
* * * * *
    (f) * * *
    (1) For designation of the 5-year volumetric expansion test, 10-
year volumetric expansion test for UN cylinders and 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. Sec.  180.209(e) and 
178.209(g), the marking is as illustrated in paragraph (d) of this 
section.
* * * * *
    (7) For designation of DOT 8 series and UN 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''.
    (8) For designation of a nondestructive test combined with a visual 
inspection, the marking is as illustrated in paragraph (d) of this 
section, except that the ``X'' is replaced with the letters ``AE'' for 
acoustic emission and ``UE'' for ultrasonic examination.
    49. Section 180.217 is added to read as follows:


Sec.  180.217  Requalification requirements for MEGCs.

    (a) Periodic inspections. Each MEGC must be given an initial visual 
inspection and test in accordance with Sec.  178.75(i) of this 
subchapter before being put into service for the first time. After the 
initial inspection, a MEGC must be inspected at least once every five 
years.
    (1) The 5-year periodic inspection must include an external 
examination of the structure, the pressure receptacles and the service 
equipment, as follows:
    (i) The pressure receptacles are inspected externally for pitting, 
corrosion, abrasions, dents, distortions, defects in welds or any other 
conditions, including leakage, that might render the MEGC unsafe for 
transport.
    (ii) The piping, valves, and gaskets are inspected for corroded 
areas, defects, and other conditions, including leakage, that might 
render the MEGC unsafe for filling, discharge or transport.
    (iii) Missing or loose bolts or nuts on any flanged connection or 
blank flange are replaced or tightened.
    (iv) All emergency devices and valves are free from corrosion, 
distortion and any damage or defect that could prevent their normal 
operation. Remote closure devices and self-closing stop-valves must be 
operated to demonstrate proper operation.
    (v) Required markings on the MEGC are legible in accordance with 
the applicable requirements.
    (vi) The framework, the supports and the arrangements for lifting 
the MEGC are in satisfactory condition.
    (2) The MEGC's pressure receptacles and piping must be periodically 
requalified as prescribed in Sec.  180.207(c), at the interval 
specified in Table 1 in Sec.  180.207.
    (b) Exceptional inspection and test. If a MEGC shows evidence of 
damaged or corroded areas, leakage, or other conditions that indicate a 
deficiency that could affect the integrity of the MEGC, an exceptional 
inspection and test must be performed, regardless of the last periodic 
inspection and test. The extent of the exceptional inspection and test 
will depend on the amount of damage or deterioration of the MEGC. As a 
minimum, an exceptional inspection of a MEGC must include inspection as 
specified in paragraph (a)(1) of this section.
    (c) Correction of unsafe condition. When evidence of any unsafe 
condition is discovered, the MEGC may not be returned to service until 
the unsafe condition has been corrected and the MEGC has been 
requalified in accordance with the applicable tests and inspection.
    (d) Repairs and modifications to MEGCs. No person may perform a 
modification to an approved MEGC that may affect conformance to the 
applicable ISO standard or safe use, and that involve a change to the 
design type

[[Page 11801]]

or affect its ability to retain the hazardous material in 
transportation. Before making any modification changes to an approved 
MEGC, the owner must obtain approval from the Associate Administrator 
as prescribed in Sec.  178.74 of this subchapter. The repair of a 
MEGC's structural equipment is authorized provided such repairs are 
made in accordance with the requirements prescribed for its approved 
design and construction. Any repair to the pressure receptacles of a 
MEGC must meet the requirements of Sec.  180.212.
    (e) Requalification markings. Each MEGC must be durably and legibly 
marked in English, with the year and month, and the type of the most 
recent periodic requalification performed (e.g., 2004-05 AE/UE, where 
``AE'' represents acoustic emission and ``UE'' represents ultrasonic 
examination) followed by the stamp of the approval agency who performed 
or witnessed the most recent test.
    (f) Records. The owner of each MEGC or the owner's authorized agent 
must retain a written record of the date and results of all repairs and 
required inspections and tests. The report must contain the name and 
address of the person performing the inspection or test. The periodic 
test and inspection records must be retained until the next inspection 
or test is completed. Repair records and the initial exceptional 
inspection and test records must be retained during the period the MEGC 
is in service and for one year thereafter. These records must be made 
available for inspection by a representative of the Department on 
request.

    Issued in Washington, DC, on February 22, 2005, under authority 
delegated in 49 CFR Part 106.
Frits Wybenga,
Deputy Associate Administrator for Hazardous Materials Safety.
[FR Doc. 05-3859 Filed 3-8-05; 8:45 am]
BILLING CODE 4910-60-P