[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Rules and Regulations]
[Pages 33858-33896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5182]



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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; Final Rule

  Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules 
and Regulations  

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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: Final rule.

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SUMMARY: In this final rule, PHMSA is amending the Hazardous Materials 
Regulations (HMR) to adopt standards for the design, construction, 
maintenance and use of cylinders and multiple-element gas containers 
based on the standards contained in the United Nations Recommendations 
on the Transport of Dangerous Goods. Aligning the HMR with the 
international standards promotes greater flexibility, permits the use 
of advanced technology for the manufacture of pressure receptacles, 
provides for a broader selection of pressure receptacles, reduces the 
need for special permits, and facilitates international commerce in the 
transportation of compressed gases without sacrificing the current 
level of safety and without imposing undue burdens on the regulated 
community.

DATES: Effective Date: This final rule is effective on September 11, 
2006.
    Voluntary Compliance Date: Compliance with the requirements adopted 
herein is authorized as of June 12, 2006. However, persons voluntarily 
complying with these regulations should be aware that appeals may be 
received and as a result of PHMSA's evaluation of these appeals, the 
amendments adopted in this final rule could be subject to further 
revision.
    Incorporation by Reference Date: The incorporation by reference of 
publications listed in this final rule has been approved by the 
Director of the Federal Register as of September 11, 2006.

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 Kevin Leary and Cameron Satterthwaite, telephone number 
(202) 366-8553, Office of Hazardous Materials Standards, Pipeline and 
Hazardous Materials Safety Administration, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

List of Topics

I. Background
II. Overview of Changes in This Final Rule
III. Summary of Comments
    A. Approval of Independent Inspection Agencies (IIAs; Notified 
Bodies) and Certification of UN Pressure Receptacles
    B. Approval of UN Pressure Receptacle Manufacturers
IV. Summary of Regulatory Changes by Section
V. Rulemaking Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act and Executive Order 13272
    F. Paperwork Reduction Act
    G. Unfunded Mandates Reform Act of 1995
    H. Regulation Identifier Number (RIN)
    I. Environmental Assessment
    J. Privacy Act

I. Background

    The United Nations Recommendations on the Transport of Dangerous 
Goods (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. The UN Model Regulations 
serve as the basis for national, regional, and international modal 
regulations, including the International Maritime Dangerous Goods 
(IMDG) Code issued by the International Maritime Organization, and the 
International Civil Aviation Organization's Technical Instructions for 
the Safe Transport of Dangerous Goods by Air (ICAO Technical 
Instructions) issued by ICAO. 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. Their objective was to develop 
cylinder standards that are 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 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 requalified according to ISO 
standards. The standards were adopted by the UN Sub-Committee of 
Experts and are included in the 13th revised edition of the UN Model 
Regulations. Cylinders manufactured in accordance with these 
requirements are marked with the internationally recognized UN mark, 
which is an indication that the cylinders meet the applicable 
standards.
    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 harmonization 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 level of safety and without 
imposing undue burdens on the regulated community.
    On March 9, 2005, the Pipeline and Hazardous Materials Safety 
Administration (PHMSA, we) published a notice of proposed rulemaking 
(NPRM) (70 FR 11768) proposing to adopt into the HMR the UN standards 
for cylinders (pressure receptacles limited to a water capacity of 150 
L),

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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 or MEGCs (assemblies of UN cylinders, tubes or bundles 
of cylinders interconnected by a manifold and assembled within a 
framework). Our proposal did not remove existing requirements for DOT 
specification cylinders; rather, we proposed 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 
greater flexibility and permit the use of advanced technology for the 
manufacture of pressure receptacles, to provide for a broader selection 
of pressure receptacles, to reduce the need for special permits, and to 
facilitate international commerce in the transportation of compressed 
gases without sacrificing the current level of safety and without 
imposing undue burden on the regulated community.
    DOT technical experts participated in evaluating the ISO standards 
and the requirements of the UN Model Regulations applicable to pressure 
receptacles. Based on this evaluation, we believe the amendments 
adopted in this final rule will provide an equivalent level of safety 
to that achieved under the HMR.

II. Overview of Changes in This Final Rule

    This final rule amends the HMR to authorize:
     Design, construction and testing of refillable seamless 
aluminum alloy cylinders conforming to ISO 7866;
     Design, construction and testing of refillable seamless 
steel cylinders conforming to ISO 9809-1, ISO 9809-2, and ISO 9809-3;
     Design, construction and testing of non-refillable 
metallic cylinders conforming to ISO 11118;
     Design, construction and testing of composite cylinders 
conforming to ISO 11119-1, 11119-2 and 11119-3, with certain 
limitations;
     Design, construction and testing of refillable seamless 
steel tubes with a water capacity between 150 L and 3,000 L conforming 
to ISO 11120;
     Design, construction and testing of UN acetylene cylinders 
conforming to applicable ISO standards, except the cylinders must be 
refillable, made of seamless steel, filled with a suitable quantity of 
solvent (solvent-free not authorized) and fitted with suitable fusible 
plugs;
     Design, construction and testing of MEGCs;
     Requalification of UN pressure receptacles, including 
pressure receptacles installed as components of MEGCs;
     A quality conformity assessment system for UN pressure 
receptacles based on 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
     Compliance with the UN pressure receptacle filling 
densities prescribed in P200 of the UN Model Regulations and as 
prescribed in Sec.  173.302b or Sec.  173.304b of this final rule.

III. Summary of Comments

    PHMSA received eighteen comments in response to the March 9, 2005 
NPRM from gas distributors, trade associations, cylinder manufacturers, 
an independent inspection agency, and a consultant. The following 
companies, organizations and individuals submitted comments: Air 
Liquide Canada Inc. (Air Liquide Canada; RSPA-2004-17463-20), Air 
Products and Chemicals (Air Products; RPSA-2004-17463-9), Arrowhead 
Industrial Services, Inc. (Arrowhead; RSPA-2004-17463-12), Baker 
Petrolite Corporation (Baker; RSPA-2004-17463-23), Barlen and 
Associates Inc. (Barlen; RSPA-2004-17463-16, RSPA-2004-17463-17), 
Carleton Aerosystems, Inc (Carleton; RSPA-2004-17463-19), Compressed 
Gas Association (CGA; RSPA-2004-17463-13), Lincoln Composites Inc. 
(Lincoln Composite; RSPA-2004-17463-4), Luxfer Gas Cylinders (Luxfer; 
RSPA-2004-17463-14, RSPA-2004-17463-15), Matheson Tri-Gas (Matheson; 
RSPA-2004-17463-8), National Propane Gas Association (NPGA; RSPA-2004-
17463-22), Norris Cylinder Company (Norris; RPSA-2004-17463-10), 
Praxair, Inc. (Praxair; RSPA-2004-17463-21), Public Utilities 
Commission of Ohio (PUCO; RSPA-2004-17463-7), Taylor-Wharton Harsco 
(Taylor-Wharton; RSPA-2004-17463-6) and TLCCI Inc. (TLCCI; RSPA-2004-
17463-11).
    Commenters were supportive of PHMSA's efforts to harmonize the HMR 
with the international cylinder standards. Most of the proposals in the 
NPRM received little or no comment. Several comments were beyond the 
scope of the rulemaking and are not addressed in this final rule. The 
majority of the comments relate to the approval process for independent 
inspection agencies, UN pressure receptacles, and manufacturers of UN 
pressure receptacles. These comments are discussed below.

A. Approval of Independent Inspection Agencies (IIAs; Notified Bodies) 
and Certification of UN Pressure Receptacles

    Current approval procedures: Current Sec.  107.803 contains 
procedures and application criteria for a person seeking approval as an 
IIA to perform inspections, verifications, and certifications of DOT 
specification cylinders as prescribed in 49 CFR parts 178 and 180 and 
special permit cylinders. These requirements apply to DOT specification 
and special permit cylinders manufactured within or outside the United 
States. An IIA applicant is required to submit the following 
information: A detailed description of the testing facilities; a 
description of the applicant's qualifications to perform the 
inspections and verifications prescribed in part 178; ownership 
information; the name of each individual responsible for certifying the 
inspection and test results; and a statement that the applicant will 
perform the prescribed functions independent of the cylinder 
manufacturers and owners.
    Under the current procedures for approval of foreign cylinder 
manufacturers and IIAs, a cylinder manufacturer located outside the 
United States must be approved by the Associate Administrator under 
Sec.  107.807, and must employ an IIA approved under Sec.  107.803, 
before any cylinders may be manufactured, inspected, certified, and 
marked to a DOT specification or DOT special permit. An applicant under 
these sections may be a person or a corporation.
    Prior to scheduling an approval inspection, the manufacturer and 
the IIA must each submit an application for approval and must jointly 
or separately prepare a quality control manual, which demonstrates 
production and inspection procedures based on the relevant cylinder 
specification in 49 CFR part 178 and relates those procedures to the 
specification for which approval is sought. The manufacturer must 
produce a prototype lot of cylinders. The IIA applicant must conduct a 
preliminary audit with design qualification testing to certify the 
design for the prototype cylinders meets the applicable DOT 
specification or special permit. The IIA applicant prepares 
documentation indicating a current audit was performed with certified 
test results showing the prototype cylinders comply

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with the DOT specification or special permit.
    The manufacturer submits the design application to the Associate 
Administrator for approval. If all documents are found acceptable, the 
applicant is notified regarding details of the required on-site 
inspection to be conducted by a DOT representative. A DOT approval 
inspection consists of witnessing and reviewing manufacturing, 
inspection and test procedures of a designated cylinder lot produced to 
the specification or special permit for which approval is sought. This 
inspection includes, but is not limited to, the following: Reviewing 
all controls; ensuring the traceability of raw material and partially 
completed cylinders throughout production; verifying the chemical 
analysis of each heat of material by witnessing a lab check analysis or 
by obtaining certified check analysis of the samples taken from each 
lot; observing the IIA performing the duties as required in Sec.  
178.35(c) of 49 CFR and the applicable cylinder specification or 
special permit; witnessing all inspections and tests required for newly 
manufactured cylinders; and reviewing the test results.
    During the inspection, sample cylinders are selected from the lot 
for on-site testing. If the procedures and controls are acceptable, and 
all test results obtained from the sample cylinders comply with the 
specification or special permit requirements, an additional group of 
cylinders is randomly selected from the same lot. The manufacturer must 
ship these cylinders to a contract test lab in the United States for 
verification testing. If the results of the verification testing comply 
with the specification or special permit requirements and corroborate 
test results obtained during the inspection, separate approvals are 
issued to the manufacturer and the IIA to perform cylinder 
certifications at this particular facility location of the 
manufacturer.
    Proposed revisions to cylinder approval procedures: In the NPRM, we 
proposed to broaden the applicability of Sec.  107.803 to include UN 
pressure receptacles. In paragraph (c)(8), we proposed to permit the 
selection of a person whose principal place of business is in a country 
other than the United States based on an approval issued by a foreign 
Competent Authority. Also in paragraph (c)(8)(ii), we proposed to 
require an IIA applicant to submit written evidence the foreign 
Competent Authority provides similar authority to IIAs and 
manufacturers of UN pressure receptacles in the United States with no 
additional limitations that are not required of it own citizenry.
    Arrowhead disagrees with the language in Sec.  107.803(c)(8), 
stating the wording will allow the U.S. Competent Authority to delegate 
approval responsibilities to a foreign national government without 
specifying any globally recognized assessment standards and minimum 
requirements, such as ISO 17020. Arrowhead suggests the U.S. Competent 
Authority should consider establishing accreditation processes similar 
to those presently used in Europe. For the reasons discussed below we 
disagree with Arrowhead's position. ISO 17020, titled ``General 
criteria for the operation of various types of bodies performing 
inspection,'' contains general criteria for the qualification of third 
party inspection bodies. This standard is intended for use by 
inspection bodies and their accreditation bodies.
    As adopted in this final rule, the Associate Administrator approves 
all IIAs, both foreign and domestic. The Associate Administrator may 
approve foreign IIAs on the basis of an on-site audit performed by a 
U.S. DOT representative or an approval issued by the foreign Competent 
Authority of the country of the manufacturer. In the latter situation, 
the applicant must submit a copy of its Competent Authority approval 
for the type of pressure receptacle for which a U.S. approval is being 
sought. The Associate Administrator will review the certifying 
documents from the foreign competent authority and other required 
supporting application documents. The criteria for approving IIAs 
incorporate many of the same principles for technical competence and 
impartiality specified in ISO 17020. In addition, we may perform 
competency assessments of the IIA in conjunction with manufacturing 
audits. The Associate Administrator reserves the right to accept or 
deny an applicant.
    In the NPRM, we proposed to require each new UN pressure receptacle 
design type to be approved by the Associate Administrator and marked 
with the letters ``USA'' to identify the United States of America as 
the country of approval. The USA marking is required on all UN pressure 
receptacles manufactured within or being shipped to, from or within the 
United States. Air Liquide Canada states we should accept UN pressure 
receptacles as having an equivalent level of safety without regard to 
the country of manufacture. We agree cylinders bearing a UN marking 
must conform to the appropriate UN and ISO standards and should be 
acceptable throughout the world. However, it is essential we maintain 
oversight of IIAs and cylinder manufacturers to ensure the 
accountability of persons who conduct cylinder inspections and 
certifications. Without the benefit of appropriate compliance 
oversight, there is no way to ensure a UN cylinder was manufactured and 
tested to standards offering an equal or greater level of integrity as 
provided by the standards contained in part 178. Therefore, in this 
final rule we are adopting the proposal requiring a UN cylinder, 
acceptable for import and use within the United States, to bear a 
``USA'' mark to indicate it has been approved by the U.S. DOT. This 
oversight and approval process is necessary to ensure a level of safety 
is maintained for the cylinders as intended by the standards prescribed 
in 6.2.2.5 of the UN Model Regulations and the HMR. A UN cylinder 
without the ``USA'' marking may be transported in the United States in 
accordance with the provisions prescribed in paragraph (k) or (l) of 
Sec.  173.301, or under the terms of a DOT special permit.
    The European Commission (EC) Member States require UN cylinders and 
valves to be marked with a [pi] (Pi) mark. The Pi mark provides an 
easily recognizable indication of conformance with the Transportable 
Pressure Equipment Directive (Council Directive 1999/36/EC of April 29, 
1999) (TPED). Only UN cylinders with the Pi mark are allowed free 
movement and use in all EC Member states. The Pi mark may be applied on 
cylinders and valves only under the authority of a Notified Body. 
Within the EC, member states approve organizations as Notified Bodies 
to perform specific tasks identified in the TPED. The applicable tasks 
identified in the TPED are the same as the functions prescribed for 
Notified Bodies in the UN Model Regulations and are equivalent to the 
functions prescribed for IIAs in this final rule.
    Under this final rule, the Associate Administrator may approve any 
qualified person or organization located outside the United States as 
an IIA based on an on-site audit at the foreign manufacturing facility 
or based on an approval issued by the foreign Competent Authority. An 
IIA who is not a resident of the United States must designate a person 
in the United States to act on his or her behalf. (See 49 CFR 
107.705(a), 107.801(c).)
    The NPRM proposed to require an applicant to submit written 
evidence the foreign Competent Authority provides similar authority to 
IIAs and manufacturers of UN pressure receptacles in the United States 
with no additional limitations not required of its own citizenry. Upon 
further

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consideration, we believe requiring an applicant to submit written 
evidence of the foreign Competent Authority's reciprocal agreement 
should not be the applicant's responsibility. Instead, we are adding 
Sec.  107.809 to contain conditions for approval of UN pressure 
receptacle manufacturers. As adopted in this rule Sec.  107.809 
specifies failure of a competent authority to recognize qualified IIAs 
domiciled in the United States as a possible basis for the disapproval 
of an application. If the United States recognizes Notified Bodies 
designated by the Competent Authority of another country, equal 
treatment should be expected from the Competent Authority of the 
foreign country relative to IIAs domiciled in the United States.
    Over the last five years, we have made efforts to work with the EC 
to attain mutual recognition of U.S. IIAs under the TPED. Our efforts 
to obtain mutual recognition of U.S. based companies have not been 
successful because it is the position of the EC that only Member States 
may approve bodies under their own jurisdiction. Only one U.S.-based 
IIA has been recognized within the EC because of a provision in the 
TPED requiring a notified body to be ``established within the 
Community''. The EC has interpreted this provision to mean a notified 
body must have an established legal entity (place of business) within 
an EC member state. As an alternative, we suggested to the EC our 
willingness to work toward developing a mutual recognition agreement 
(MRA). In its response, the EC stated its reluctance to initiate new 
MRA negotiations. Instead, the EC suggested we pursue this matter with 
its U.S. counterpart, the U.S. Trade Representative. Our efforts to 
obtain recognition by the TPED for U.S. companies to perform conformity 
assessment and inspection activities for UN pressure receptacles are 
on-going.
    Air Products and CGA request PHMSA work with the UN to create a 
registry of internationally recognized bodies and the criteria for 
being listed in that registry. They further request the registry be 
published and maintained so regional approvals, such as the European Pi 
mark or our ``USA'' markings, are not necessary. As stated earlier, the 
United States will work with the EC and other government bodies to 
establish mutual recognition of independent inspection bodies. We will 
continue to maintain a list of IIAs approved by the Associate 
Administrator to perform inspections and verifications of cylinder 
manufacture, repair and modification as prescribed in parts 178 and 
180. The list of approved IIAs is available from the Associate 
Administrator (PHH-32) and may be viewed on the Internet by accessing 
http://www.phmsa.dot.gov. However, the establishment of a registry of 
internationally recognized bodies will not obviate the need for the 
``USA'' marking. The ``USA'' marking is a certification that the UN 
pressure receptacle conforms in all respects to the applicable part 178 
requirements.

B. Approval of UN Pressure Receptacle Manufacturers

    In the NPRM, we proposed to require each manufacturer to have in 
place a documented quality system for the manufacture of UN pressure 
receptacles. The manufacturer's quality system involves detailed 
documentation related to the types of UN pressure receptacles to be 
produced, and 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 of relevant personnel. The 
manufacturer's quality system will be audited by PHMSA during the final 
review of the initial design type approval.
    Lincoln Composite expresses concern regarding the potential 
complexity of compliance and enforcement of the manufacturer's quality 
system due to the lack of formalized assessment criteria in the NPRM. 
Lincoln Composite requests we recognize manufacturers with a quality 
control system certified to existing international quality control 
standards such as ISO 9000 as meeting the intent of Sec.  178.69. CGA 
and Taylor-Wharton also recommend we acknowledge a manufacturer's 
systems approved by a competent authority and in conformance with 
internationally recognized quality systems such as the ISO 9000 series. 
The requirements for a manufacturer's quality system, as specified in 
this final rule, conform to those contained in the UN Model 
Regulations. These requirements are based on the fundamentals of the 
ISO 9000 series. Therefore, companies operating in conformance with the 
ISO 9000 series should be able to adapt their quality management system 
to fully conform to the prescribed requirements.
    In the NPRM, we proposed to require the Associate Administrator to 
approve all modifications to an approved quality management system. CGA 
and Taylor-Wharton recommend a revision of the regulatory language to 
read: ``The manufacturer shall notify the Associate Administrator of 
any intended changes to the approved quality system prior to making the 
change.'' Lincoln Composite objects to the need to obtain an approval 
for all quality system changes and recommends requiring an approval 
only when the quality system change reduces the number, type, or 
frequency of inspections for a specific design type. Lincoln Composite 
further suggests we delegate to the production IIA the authority to 
determine what quality system changes require approval. We disagree 
with the commenters as their suggestions would allow a manufacturer to 
modify the approved quality system without approval from the Associate 
Administrator. Based on experience gained through interaction with 
manufacturers seeking modifications to approved quality systems, we may 
consider revising this language at a later date if we find these 
requests pertain to matters that will not substantially affect the 
overall process.
    Arrowhead and Barlen ask PHMSA to specifically exclude section 5.1 
of ISO Technical Report 14600 from incorporation in the final rule. 
They state the language in this section authorizes a manufacturer to 
self-certify high pressure cylinders. We did not propose to incorporate 
ISO Technical Report 14600 by reference in the NPRM and are not 
adopting it in this final rule. In Sec.  178.71, we are adopting a 
conformity assessment system consistent with the system described in 
section 6.2.2.5 of the UN Model Regulations. The conformity assessment 
system requirements in the UN Model Regulations were adopted on the 
basis of the requirements in ISO Technical Report 14600. The procedures 
prescribed in Sec.  178.71 of the final rule require an IIA, and not a 
company employee, to perform cylinder certifications.

IV. Summary of Regulatory Changes by Section

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

[[Page 33862]]

Part 107

Section 107.801
    This section lists persons who are required to obtain approvals to 
inspect, requalify, test, or certify cylinders. In the NPRM, we 
proposed to expand the scope of the functions performed by IIAs and 
cylinder requalifiers to include UN pressure receptacles. We are 
adopting this provision as proposed.
Section 107.803
    This section establishes requirements for the approval of IIAs. In 
this final rule, we are revising the application criteria for IIA 
applicants to include inspections, verifications, and certifications of 
UN pressure receptacles. The revisions to this section are discussed 
earlier in this preamble under the heading ``III.A. Approval of 
Independent Inspection Agencies (IIAs; Notified Bodies) and 
Certification of UN Cylinders.''
Section 107.805
    This section establishes requirements for cylinder requalifiers. In 
this final rule, we are revising the procedures and application 
criteria for persons seeking to be approved as cylinder requalifiers to 
also apply to persons seeking to be approved as UN pressure receptacle 
requalifiers.
Section 107.809
    New Sec.  107.809 contains the conditions applicable to UN pressure 
receptacle approvals as discussed earlier in this preamble under the 
heading ``III.A. Approval of Independent Inspection Agencies (IIAs; 
Notified Bodies) and Certification of UN Cylinders.''

Part 171

Section 171.7
    This section addresses material incorporated by reference. In 
paragraph (a)(3), in the table of material incorporated by reference, 
under the General Services Administration, the reference to Federal 
Specification RR-C-901C titled ``Cylinders, Compressed Gas: High 
Pressure Steel'' is updated to read Federal Specification RR-C-901D 
titled ``Cylinders, Compressed Gas: Seamless Shatterproof, High 
Pressure DOT 3AA Steel, and 3AL Aluminum.'' This standard is referenced 
in Sec. Sec.  173.302, 173.336, and 173.337 for the cleaning of 
aluminum cylinders.
    We are adding 20 new ISO entries for standards containing design, 
manufacture, testing, requalification, and use requirements for UN 
pressure receptacles as proposed in the NPRM.
    Air Products requests we update the reference to CGA S-1.1, 
``Pressure Relief Standards'' from the 2001 edition to the more recent 
2003 edition. We agree the more recent 2003 edition of CGA S-1.1 should 
be referenced for UN pressure receptacles. In addition, we are 
continuing to exclude the requirements in 9.1.1.1 from mandatory 
compliance. Section 171.7 continues to reference the 2001 edition of 
CGA S-1.1 for the DOT specification cylinders. Amending provisions 
relative to DOT specification cylinder is beyond the scope of this 
rulemaking. Therefore, we will consider requiring the 2003 edition of 
this standard for DOT specification cylinders in a future rulemaking.
    Matheson requests we incorporate by reference the valve 
requirements contained in CGA V-9, ``Standard for Compressed Gas 
Cylinder Valves'' in place of, or in addition to, ISO 10297 in Sec.  
173.301b. CGA V-9 contains general design, performance, design 
qualification tests, and maintenance requirements for valves. Since we 
did not propose to reference CGA V-9 in the NPRM, the adoption of this 
standard is beyond the scope of this rule. We will address this matter 
in a future rulemaking. Matheson also requests we incorporate by 
reference CGA Technical Bulletin, TB-16, ``Recommended Coding System of 
Threaded Cylinder Outlets and Threaded Valve Inlets.'' TB-16 recommends 
that all new cylinder valves and cylinders made after December 31, 
1998, be permanently marked with the thread codes. We may consider a 
proposal to incorporate CGA TB-16 in a future rulemaking.
    Under the entry for United Nations, we are revising the reference 
to the UN Recommendations on the Transport of Dangerous Goods to 
include the new 49 CFR section references added in this rule. The new 
references are Sec. Sec.  173.40, 173.192, 173.302b, 173.304b, and 
178.75.
    All incorporated matter is available for inspection at the Office 
of the Federal Register or the U.S. Department of Transportation, 
PHMSA's Office of Hazardous Materials Standards, Room 8430, NASSIF 
Building, 400 Seventh Street, SW., Washington, DC 20590. Persons may 
also obtain these documents from the sources identified in Sec.  171.7 
of the HMR.
Section 171.8
    Section 171.8 sets forth definitions for terms used in the HMR. In 
this section, we are adding new definitions for ``bundles of 
cylinders,'' ``multiple element gas containers or MEGCs,'' ``settled 
pressure,'' ``UN cylinder,'' ``UN pressure receptacle,'' ``UN tube,'' 
and ``working pressure.''
    In the NPRM, we proposed to define ``working pressure'' to mean the 
``settled pressure'' of a compressed gas at a reference temperature of 
15 [deg]C (59 [deg]F). Praxair notes the term ``settled pressure'' is 
not defined in the regulations, but is used to define the term 
``working pressure,'' which includes a reference temperature different 
from that of 65 [deg]C (149 [deg]F) and is used in determining the 
filling pressures in Sec. Sec.  173.301--173.305. We agree with the 
commenter that the term ``settled pressure'' should be defined. We are 
defining the term ``settled pressure'' to mean ``pressure exerted by 
the contents of a UN pressure receptacle in thermal and diffusive 
equilibrium.'' This definition is consistent with that specified in the 
UN Model Regulations.
Section 171.11
    This section contains provisions for the shipment of hazardous 
materials by aircraft in accordance with the ICAO Technical 
Instructions. In the NPRM, we proposed to add a new paragraph (d)(19), 
and is adopted as new paragraph (d)(20) herein, to authorize the 
transport of hazardous materials in cylinders (including UN pressure 
receptacles) in accordance with the ICAO Technical Instructions, under 
certain conditions. Proposed paragraph (d)(19) reads:

    (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 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.

    Air Liquide Canada, CGA, and Taylor-Wharton request we revise 
paragraph (d)(19)(ii) to permit the transportation of UN cylinders 
without PRDs for export

[[Page 33863]]

only. Upon further consideration, we agree with the commenters' request 
to permit UN cylinders not intended for use in the United States to be 
filled and transported for export only. In this final rule, these 
cylinders may be transported under the conditions prescribed in 
paragraph (l) of Sec.  173.301. Paragraph (l) permits, under certain 
conditions, the transportation of UN pressure receptacles without the 
``USA'' marking, and ``USA'' marked UN pressure receptacles without the 
required PRD, to be filled for export only. We are making a similar 
change to the regulatory language in Sec. Sec.  171.12 and 171.12a. 
These amendments eliminate the need for DOT-E 12929, which authorizes 
certain DOT specification cylinders and foreign cylinders without PRDs 
to be charged and transported for export only. We are also adding 
certain safety conditions prescribed in DOT E-12929:
    (1) Each DOT specification cylinder or UN pressure receptacle must 
be plainly and durably marked ``For Export Only'';
    (2) The shipping paper must include the following certification: 
``This cylinder has (These cylinders have) been retested and refilled 
in accordance with the DOT requirements for export.''; and
    (3) The emergency response information provided with the shipment 
and available from the emergency response telephone contact person must 
indicate the pressure receptacles are not fitted with pressure relief 
devices and provide appropriate guidance in the event of exposure to a 
fire.
    For aluminum cylinders in oxygen service, we proposed in paragraph 
(d)(19)(v), to require each opening to be configured with straight 
(parallel) threads. The UN Model Regulations permit the use of either 
tapered or straight threads in aluminum alloy oxygen cylinders through 
the incorporation by reference of other ISO standards. However, we did 
not propose to allow the use of tapered threads in aluminum alloy 
cylinders used in oxygen service and transported in the United States. 
This position is consistent with the current requirement in 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 taper 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 taper threaded valve or unintended release of oxygen 
which cause product loss, property damage, personal injury, or death.
    Within the United States, there are 20 million or more DOT 3AL 
aluminum alloy cylinders in oxygen service equipped with straight 
threads. At the time of the proposed rule, we were concerned that 
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.
    Although our experience in the United States involves straight 
thread designs, we are aware the use of both thread designs may offer 
certain advantages. In the NPRM, we asked commenters to address the 
impact of retaining the prohibition against using taper threads in 
aluminum alloy oxygen cylinders.
    Barlen supports the proposed prohibition. Citing the difference 
between the European and U.S. tapered threads, Barlen explains the 
angle of the European tapered threads provides for more problem-free 
valve insertion into aluminum cylinders and asserts that cylinder 
owners support this proposal. Air Liquide Canada, CGA, and Matheson do 
not support the proposed prohibition. CGA states the UN cylinders will 
be marked with information significantly different than a DOT cylinder. 
The commenters further suggest that the cylinders and valves must be 
marked with the thread type. Matheson requests we mandate the use of 
tapered ISO threads for aluminum UN cylinders in oxygen service and 
suggest this will avoid any safety concern where valve ejection can 
take place because of incorrect valves.
    CGA and Matheson state all UN cylinders and their valves should be 
marked with the ISO thread type. Matheson states the cylinders and 
valves should be marked according to the CGA technical bulletin, TB-16, 
``Recommended Coding System for Threaded Cylinders Outlets and Threaded 
Valve Insets.'' CGA developed this technical bulletin for use in the 
United States and Canada in response to several serious incidents where 
users inserted a straight thread valve into a cylinder with taper 
threads, inserted a taper thread valve into a cylinder with straight 
threads, or interchanged ISO and/or other metric classification threads 
with American National Standards threads. Also CGA published safety 
bulletin, SB-19, ``Potential Valve Thread and Cylinder Thread 
Mismatch'' to alert users that mismatching the thread on the valve and 
the cylinder can result in the ejection of the valve. The safety 
bulletin contains illustrations of various valve thread types.
    Upon consideration of the comments received, in this final rule we 
are allowing the openings on aluminum alloy UN cylinders in oxygen 
service to be configured with straight or taper threads. The thread 
type must be marked on the cylinder as required by Sec.  178.71(o)(11) 
and on the valve as required by ISO 10297, as referenced in Sec. Sec.  
173.301b(c) and 178.71(d)(2). Further, we are adding a requirement, in 
Sec.  173.301(a)(10) that any person who installs a valve into an 
aluminum cylinder in oxygen service must verify the valve and the 
cylinder have the same thread type. We believe these requirements will 
provide for harmonization with the UN Model Regulations while 
maintaining an adequate level of safety.
    We are adopting the requirement that each UN cylinder be marked 
with ``USA'' as a country of approval for transportation within the 
United States as discussed earlier in this preamble.
Section 171.12
    This section contains provisions for the import and export of 
hazardous materials in commerce. Paragraph (b) contains provisions 
specific to the shipment of hazardous materials by vessel in accordance 
with the IMDG Code. In this final rule, we are revising paragraph 
(b)(15) to authorize the transport of hazardous materials in UN 
pressure receptacles in accordance with the IMDG Code under certain 
conditions. Readers should refer to the preamble discussion to Sec.  
171.11 for changes made to this section.
Section 171.12a
    This section contains provisions for the transportation by rail or 
highway of shipments of hazardous materials conforming to the 
regulations of the Government of Canada. Paragraph (b) contains 
provisions specific to the shipment of hazardous materials in 
accordance with the Transport Dangerous Goods (TDG) Regulations. We are 
revising paragraph (b)(13) to authorize the transport of hazardous 
materials in UN pressure receptacles in accordance with the TDG 
Regulations under certain conditions. Readers should refer to the 
preamble discussion to Sec.  171.11 for changes made to this section.

Part 172

Section 172.101
    In Sec.  172.101, we are amending the Hazardous Materials Table 
(HMT). In a

[[Page 33864]]

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 trifluoride
2417 Carbonyl fluoride
1911 Diborane
1962 Ethylene
2193 Hexafluoroethane or Refrigerant gas R116
2451 Nitrogen trifluoride
2198 Phosphorous pentafluoride
2203 Silane
1859 Silicon tetrafluoride
1982 Tetrafluoromethane or Refrigerant gas R14
2036 Xenon

    We also made revisions for consistency with another amendment that 
revised the reference temperature used in the definitions of a non-
liquefied and liquefied compressed gas in Sec.  173.115(d) and (e), 
respectively, from 20 [deg]C (68 [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. In the NPRM, we 
solicited comments on whether the packaging authorization for these 
gases should remain in Sec.  173.302 or be relocated to Sec.  173.304. 
Praxair recommends revising the packaging authorization reference found 
in column 8B of the HMT to show 304 for the following gases so as to 
remain consistent with the requirements of other liquefied gases: Boron 
trifluoride, UN1008, Carbonyl fluoride, UN2417, Diborane, UN1911, 
Nitrogen trifluoride, UN2451, Phosphorus pentafluoride, UN2198, Silane, 
UN2203, Silicon tetrafluoride, UN1859, Tetrafluoromethane, UN1982, and 
Xenon, UN2036. Although these materials now meet the definition of 
liquefied compressed gases in Sec.  173.115(e) based on the revised 
reference temperatures, it remains our understanding that these gases 
seldom encounter temperatures of -50 [deg]C (-58 [deg]F) and below when 
transported within the United States. Since these gases will seldom, if 
ever, reach temperatures causing them to become liquefied in 
transportation, we have determined the non-bulk packaging 
authorizations for these gases should remain in Sec.  173.302.
    Air Products and CGA note in the NPRM, the Hazardous Materials 
Table entry, ``Ammonia, anhydrous, 2.3, UN 1005'' was missing the 
symbol ``I'' which identifies the proper shipping name as appropriate 
for describing materials in international transportation. The symbol 
was inadvertently removed in the NPRM. We are correcting this error in 
this final rule.
    New Special provision N86 is added to 21 entries. This 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 is added to eight entries. The 
special provision prohibits the shipment of these gases in UN pressure 
receptacles with copper valves. The eight entries are as follows:

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 is 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. 
Barlen disagrees with our adding this special provision, citing the low 
occurrence of copper metal coming in contact with any of the 
specifically named gases. Praxair requests we revise this special 
provision to allow metal parts to contain a ``nominal'' 65% copper, 
suggesting that some brass alloys contain slightly more than 65% 
copper. We agree with the latter commenter and will allow brass alloys 
that may contain slightly more than 65% copper. However, we believe the 
term ``nominal'' is not sufficiently prescriptive. Therefore, we are 
providing that the copper content of metal parts in contact with the 
gases may exceed the limit with a tolerance of 1%. The three entries 
are as follows:

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

     New special provision N89 is added to ten entries. The 
special provision provides that when steel UN pressure receptacles are 
used, only those bearing an ``H'' mark are authorized. We proposed to 
add this requirement to fourteen entries. However, Barlen, Matheson, 
and Praxair request that we do not assign this special provision to 
Arsine (UN2188), Germane (UN2192), Phosphine (UN2199), and Silane 
(UN2203) because these ladings are not prone to hydrogen disassociating 
from the compounds and posing a threat of hydrogen embrittlement, as is 
the case with pure hydrogen. We agree with the commenters and we are 
not adding this special provision to Arsine (UN2188), Germane (UN2192), 
Phosphine (UN2199), and Silane (UN2203). We are adding the special 
provision to the following ten entries:

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
2197 Hydrogen iodide, anhydrous
2600 Carbon monoxide and Hydrogen mixture, compressed

Part 173

Section 173.40
    This section establishes general packaging requirements for toxic 
materials packaged in cylinders. In the NPRM we proposed to revise this 
section to include UN cylinders. In paragraph (a), we proposed to 
prohibit the transport of Hazard Zone A material in UN tubes and MEGCs. 
Baker expresses concern regarding the proposal to prohibit the 
transport of Hazard Zone A material in UN tubes and MEGCs. We disagree. 
This final rule is intended to align the HMR with international 
standards. The UN Model Regulations prohibit the transportation of 
Hazard Zone A materials in UN tubes and MEGCs; therefore we are 
adopting the prohibition as proposed.
    In paragraph (b), we proposed to limit a UN cylinder used for 
Hazard Zone A

[[Page 33865]]

or B material to a maximum water capacity of 85 liters. To maintain 
consistency with the UN Model Regulations, we are not adopting the NPRM 
proposal to limit UN cylinders to a capacity of 85 liters for Hazard 
Zone B materials. We are placing the 85 L limitation for Hazard Zone A 
materials in paragraph (d)(4).
    We also proposed to require the UN cylinder to 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. 
Praxair believes these restrictions in the proposed paragraph (b) 
should be moved to Sec.  173.192 and apply only to Hazard Zone A 
materials. We disagree. Section 173.40 contains general packaging 
requirements for toxic materials. Relocating the requirements for 
minimum test pressure and minimum wall thickness to Sec.  173.192 would 
apply these requirements to Division 2.3, Hazard Zone A materials, but 
not to the Division 6.1 Hazard Zone A materials.
    Praxair notes the UN Model Regulations allow UN pressure 
receptacles containing certain Hazard Zone B materials to meet minimum 
test pressures lower than 200 bar. Although the commenter is correct, 
the UN Model Regulations also require UN pressure receptacles 
containing other Hazard Zone B materials to have a minimum test 
pressure greater than 200 bar. To maintain consistency with the UN 
Model Regulations, in this final rule we are specifying when UN 
pressure receptacles are used, the minimum test pressure must be in 
accordance with P200 of the UN Model Regulations.
    We are revising paragraph (e) to specify that MEGCs are authorized 
for Hazard Zone B materials subject to the conditions and limitations 
of Sec.  173.312.
Section 173.163
    This section lists requirements for transporting hydrogen fluoride 
in cylinders. We are revising this section to authorize UN cylinders 
for the transport of hydrogen fluoride.
Section 173.192
    This section lists requirements for transporting bromoacetone, 
methyl bromide, chloropicrin, and methyl bromide or methyl chloride 
mixtures in cylinders. We are revising the introductory text and 
paragraph (a) to specify that UN cylinders with a marked test pressure 
of 200 bar or greater are authorized for certain toxic gases in Hazard 
Zone A. Praxair requests that provisions from Sec.  173.40 applicable 
to Hazard Zone A materials be relocated to this section. Readers should 
refer to the preamble discussion in Sec.  173.40.
Section 173.195
    This section lists requirements for transporting hydrogen cyanide 
and anhydrous, stabilized (hydrocyanic acid, aqueous solution) in 
cylinders. As proposed in the NPRM, we are adding a new paragraph 
(a)(3) to authorize the use of UN cylinders with a minimum test 
pressure of 100 bar and a maximum filling ratio of 0.55 for hydrogen 
cyanide, anhydrous, stabilized or hydrocyanic acid, aqueous solution. 
We are prohibiting the use of UN tubes and MEGCs.
Section 173.201
    This section lists authorized packagings for the transportation of 
liquid hazardous materials in Packing Group I. As proposed in the NPRM, 
we are revising paragraph (c) to authorize the use of UN cylinders for 
liquid hazardous materials in Packing Group I.
Section 173.205
    This section addresses general requirements for liquid hazardous 
materials. As proposed in the NPRM, we are revising this section to 
authorize the use of UN cylinders for liquid hazardous materials.
Section 173.226
    This section lists authorized packagings for the transportation of 
Division 6.1 materials in Hazard Zone A. As proposed in the NPRM, we 
are revising paragraph (a) to authorize the use of UN cylinders for 
materials poisonous by inhalation, Division 6.1, Packing Group I, 
Hazard Zone A.
Section 173.227
    This section lists authorized packagings for Division 6.1 materials 
in Hazard Zone B. We proposed to revise paragraph (a) to authorize the 
use of UN cylinders for materials poisonous by inhalation, Division 
6.1, Packing Group I, Hazard Zone B, subject to the terms and 
conditions of Sec.  173.40. Praxair suggests the requirements in Sec.  
173.40 should not apply to cylinders used for Division 6.1 Hazard Zone 
B materials. Readers should refer to the preamble discussion in Sec.  
173.40.
Section 173.228
    This section lists authorized packagings for bromine pentafluoride 
or bromine trifluoride. We proposed to revise paragraph (a) to 
authorize the use of UN cylinders, but not UN tubes and MEGCs, for 
``Bromine pentafluoride'' and ``Bromine trifluoride,'' which are 
poisonous Hazard Zone A and B materials, respectively. The shipment of 
these materials is subject to the terms and conditions of Sec.  173.40. 
Praxair requests we allow the use of UN tubes and MEGCs to maintain 
consistency with the capacity authorized for DOT specification 
cylinders. We disagree. Consistent with Sec.  173.40 and the UN Model 
Regulations, ``Bromine pentafluoride'' and ``Bromine trifluoride'' must 
be transported in seamless cylinders. The use of UN tubes and MEGCs is 
prohibited.
Section 173.301
    This section establishes general requirements for the 
transportation of compressed gases in cylinders. As proposed in the 
NPRM, we are revising this section to apply to UN pressure receptacles. 
In the NPRM, we proposed to add a new paragraph (a)(10) to require a 
cylinder certified to ISO 11119-3 to have a working pressure not to 
exceed 62 bar when used for Division 2.1 materials due to our concerns 
about the permeation of flammable gases through the plastic liner at 
high temperatures. Upon further review of the requirements in ISO 
11119-3 and composite cylinders authorized by special permits, we found 
the permeation of flammable gases from these cylinders at high 
temperatures to be negligible. Therefore, we are not adopting the 
proposed requirement for composite cylinders to have a test pressure 
less than 62 bar when used for Division 2.1 materials.
    In the NPRM, we proposed to prohibit the use of ISO 11119-3 
composite cylinders for underwater breathing applications because of 
the effects of saltwater on some resins. CGA notes ISO 11119-3 contains 
special requirements for cylinders used in underwater applications. 
Lincoln Composite states the primary pressure containment structure of 
ISO 11119-2 and 11119-3 cylinders is the composite over wrap and any 
adverse effect of saltwater on the structural performance of the resin 
matrix of composite cylinders manufactured to ISO 11119-3 would also 
apply to the resin matrix of composite cylinders manufactured to ISO 
11119-2. Lincoln Composites requests we remove this underwater use 
restriction or apply the restriction to composite cylinders 
manufactured to ISO 11119-2 and to ISO 11119-3 and cites extensive 
experience in producing and using composite cylinders in saltwater 
environments without incident. We agree with the commenter regarding 
the uniform regulation of ISO 11119-2 and 11119-3 for underwater

[[Page 33866]]

use. The ISO standards permit a wide range of resin mixtures for the 
construction of composite cylinders. In reviewing a manufacturer's 
prototype design of a composite cylinder intended for underwater 
applications, we will determine the suitability of the particular resin 
for underwater application. Therefore, in this final rule, in Sec.  
173.301b(g), we will permit the use of ISO 11119-2 and 11119-3 
composite cylinders for underwater applications. Composite cylinders 
manufactured to ISO 11119-2 or 11119-3 for underwater applications must 
be stamped with the ``UW'' marking as specified in Sec.  178.71(o)(17).
    In this final rule, we are adding a new paragraph (a)(10) to 
require a person who installs a valve into an aluminum cylinder in 
oxygen service to verify the valve and the cylinder have the same 
thread type, as we state in the earlier preamble discussion to Sec.  
171.11.
    In paragraph (c) of the NPRM, we proposed to prohibit the use of a 
UN non-refillable cylinder, or a UN composite cylinder certified to ISO 
11119-3 (fully wrapped fibre reinforced composite gas cylinders with 
non-load sharing metallic liners or non-metallic liners) for toxic gas 
or toxic gas mixtures in Hazard Zone A or B. Lincoln Composite agrees 
with the limited use of non-metallic (plastic) composite cylinders for 
toxic gases or toxic gas mixtures containing a Division 2.3, Hazard 
Zone A or B, material. However, Lincoln Composite believes we should 
not ban the use of these composite cylinders without ``definitive 
performance goals.'' Lincoln Composite acknowledges, however, that the 
suitability of plastic-lined composite cylinders for toxic gases is an 
issue yet to be evaluated. PHMSA does not have sufficient safety data 
on the permeation of toxic gases from composite cylinders. Therefore, 
in the absence of this data, we are adopting the prohibition as 
proposed.
    In paragraph (d), we are prohibiting the use of UN cylinders made 
of aluminum alloy 6351-T6 as proposed.
    We are revising paragraph (f)(5) to specify PRDs are not required 
on UN pressure receptacles transported in accordance with paragraph (k) 
or (l) of this section, for consistency with the revisions made to 
Sec. Sec.  171.11, 171.12, and 171.12a in this final rule. Readers 
should refer to our earlier preamble discussion to Sec.  171.11.
    As proposed in the NPRM, we are revising paragraph (h) to specify 
UN pressure receptacles must meet the cylinder valve protection 
requirements in Sec.  173.301b(f).
    As proposed in the NPRM, we are revising paragraph (i), containing 
requirements for cylinders mounted on a motor vehicle or in frames, to 
specify MEGCs must meet the requirements in Sec.  173.312.
    Also, as proposed in the NPRM, we are revising paragraphs (j), (k) 
and (l) to include UN cylinders. Paragraph (l) is revised to permit the 
transportation of UN cylinders without PRDs that are not intended for 
use in the United States to be filled and transported for export only, 
under certain conditions. These conditions provide that a UN cylinder 
manufactured, inspected, tested and marked in accordance with part 178 
of this subchapter and otherwise conforms to the requirements of this 
part for the gas involved, except that the cylinder is not equipped 
with a PRD, may be filled with a gas and offered for transportation and 
transported for export under certain conditions. Readers should refer 
to our earlier discussion to Sec.  171.11 regarding the transport of UN 
pressure receptacles without PRDs for export only.
Section 173.301b
    New Sec.  173.301b contains additional general requirements for the 
shipment of hazardous materials in UN pressure receptacles.
    When a refillable pressure receptacle is filled with a gas 
different from that previously contained in the cylinder, the cylinder 
must be cleaned in accordance with ISO 11621 prior to refilling. We 
proposed to require a UN pressure receptacle to have its valve 
protected in accordance with the methods prescribed in Sec.  
173.301b(f). CGA and Taylor Wharton request we clarify this requirement 
applies to valves that have inherent protection as provided by the ISO 
standard. We are revising the requirement to clarify that the valves 
must be designed and constructed with sufficient inherent strength to 
withstand damage in accordance with Annex B of ISO 10297. In this final 
rule, we are placing this requirement in Sec.  173.301b(c)(2).
    We proposed in paragraph (g) to require a non-refillable UN 
pressure receptacle transported as an inner packaging of a combination 
packaging to be limited to a water capacity not exceeding 1.25 L when 
used for a flammable or toxic gas, and to be prohibited for a Hazard 
Zone A material. Praxair suggests current regulations do not impose a 
limit on the water capacity for DOT specification cylinders in 
flammable gas service; therefore, no limit should be prescribed for the 
UN cylinders. We disagree with the commenter. Current Sec.  173.302a 
limits the internal volume of DOT 39 non-refillable cylinders to 1.23 L 
when filled with a Division 2.1 material and Sec.  173.40 prohibits the 
use of DOT 39 cylinders for Hazard Zone A materials. We are adopting 
the provision as proposed and placing it in paragraph (d). We are also 
rearranging the other requirements in this section for the benefit of 
users.
Section 173.302
    This section addresses requirements for filling cylinders with non-
liquefied (permanent) compressed gases. As proposed in the NPRM, we are 
making several revisions to this section. Paragraph (a) is revised to 
authorize the use of UN pressure receptacles for permanent gases. 
Paragraph (b)(2) is revised to permit the openings in aluminum UN 
cylinders in oxygen service to be configured with straight or taper 
threads as we stated in the earlier preamble discussion to Sec.  
171.11. We proposed in paragraph (b)(3) to require UN pressure 
receptacles to be subject to the cleaning requirements in ISO 11621 and 
to update the cleaning requirements for DOT specification cylinders 
from Federal Specification RR-C-901C to Federal Specification RR-C-
901D. However, in the NPRM, we failed to update one of the paragraph 
cites we referenced in Federal Specification RR-C-901D. Luxfer requests 
we correct the cite reference to paragraph 4.4.2.2 to read paragraph 
4.2.2.2. The sampling provisions in Federal Specification RR-C-901C, 
paragraph 4.4.2.2, are actually contained in Federal Specification RR-
C-901D, paragraph 4.3.2. Therefore, in this final rule, we are 
correcting the cite reference to read paragraph 4.3.2.
Section 173.302b
    New Sec.  173.302b contains the filling requirements for UN 
pressure receptacles used to transport non-liquefied (permanent) gases. 
Praxair requests we revise paragraph (d) to authorize the use of UN 
tubes for diborane and diborane mixtures. We disagree. We did not 
propose to allow the use of UN tubes for diborane and diborane mixtures 
because their use is not authorized under the UN Model Regulations. 
Readers should refer to the earlier discussion in Sec.  173.40.
    Praxair requests we revise paragraph (e) to increase the settled 
pressure in UN pressure receptacles for carbon monoxide to the level 
permitted for DOT specification cylinders. As proposed in the NPRM, the 
settled pressure in UN cylinders for carbon monoxide is equivalent to 
the settled pressure allowed for DOT cylinders. The limits may appear 
to be different because the settled pressure in UN

[[Page 33867]]

cylinders is linked to the test pressure at 65 [deg]C (149 [deg]F) 
while the settled pressure in DOT cylinders is linked to service 
pressure at a reference temperature of 20 [deg]C (65 [deg]F).
Section 173.303
    This section establishes requirements for filling cylinders with 
acetylene. As proposed in the NPRM, we are authorizing the use of UN 
cylinders and bundles of cylinders for acetylene. The cylinder must 
conform to ISO 9809 and have fusible plugs in accordance with ISO 3807-
2. Taylor-Wharton requests we consider increasing the settled pressure 
of DOT specification cylinders for acetylene. This comment is beyond 
the steps of this rulemaking. We will consider the commenter's request 
in a future rulemaking.
    In the NPRM, we proposed a new paragraph (f) to authorize UN 
cylinders and bundles of cylinders for the transport of acetylene gas. 
In this paragraph, we proposed that any metal part in contact with the 
contents may not contain more than 65% copper in the alloy. As 
discussed earlier in this preamble, special provision N88 contains this 
same requirement; therefore, it is removed in paragraph (f).
Section 173.304
    This section addresses requirements for filling cylinders with 
liquefied compressed gases. As proposed in the NPRM, we are revising 
paragraph (a) to authorize the use of UN pressure receptacles for 
liquefied compressed gases.
Section 173.304b
    New Sec.  173.304b contains specific requirements for the shipment 
of liquefied compressed gases in UN pressure receptacles. In paragraph 
(b), we proposed to allow UN pressure receptacles to be filled with 
liquefied gases by using the numerical values and data specified in 
Table 2 of P200 of the UN Model Regulations or by using the formulas in 
paragraphs (b)(3) and (b)(4) of Sec.  173.304b for determining filling 
limits for liquefied compressed gases and gas mixtures with unknown 
densities. Barlen and Matheson express concern regarding the required 
use of these formulas, which generally result in lower and more 
restrictive filling limits than those permitted in Sec.  173.301. 
Barlen and Matheson request we revise the method for determining 
filling limits of liquefied compressed gases and gas mixtures in UN 
pressure receptacles to remove these proposed formulas or allow the use 
of alternative methods. We agree. In this final rule, we are permitting 
use of alternative methods for determining filling limits for liquefied 
compressed gases and gas mixtures in UN pressure receptacles.
    CGA notes that the P200 filling limits in the UN Model Regulations 
were under review at the time we published the NPRM. This review, 
completed during the summer of 2005, verified the acceptance of most of 
the current P200 filling ratio values. Based on this review, we are 
lowering the filling limits for eleven gases. We are adding a table 
containing the revised filling limits for the effected gases in 
paragraph (c). Matheson further notes gas mixtures are not specifically 
addressed in the regulatory text, and requests we add the term 
``mixture'' as appropriate. We agree, and have added the term 
``mixture'' as appropriate.
Section 173.312
    New Sec.  173.312 contains general requirements for MEGCs 
consistent with the UN Model Regulations. This new section includes 
filling requirements, provisions for damage protection, and HMR 
references for manufacturing and requalification. Praxair requests we 
revise proposed paragraph (a)(6) to require UN pressure receptacles to 
be assembled with a manifold and individual shutoff valves to allow 
each UN pressure receptacle to be filled separately when used for 
Division 2.2 liquefied gases, or any 2.1 or 2.3 gases. We agree and we 
are revising this section accordingly.
Section 173.323
    This section specifies requirements applicable to ethylene oxide. 
As proposed in the NPRM, we are revising paragraph (b)(2) to authorize 
the use of UN pressure receptacles as authorized packagings for any 
ethylene oxide gas, with the exception of acetylene.
Section 173.334
    This section specifies requirements applicable to organic 
phosphates mixed with compressed gas. As proposed in the NPRM, we are 
revising paragraph (a) to authorize the use of UN cylinders for certain 
compressed gases that are mixed with organic phosphates.
Section 173.336
    This section addresses requirements for nitrogen dioxide, 
liquefied, and dinitrogen tetroxide, liquefied. As proposed in the 
NPRM, we are revising this section to authorize the use of UN cylinders 
for nitrogen dioxide, liquefied and dinitrogen tetroxide, liquefied. 
The use of UN tubes and MEGCs is not authorized. In addition, we are 
correcting an inconsistency in the current requirements. We are 
relocating from Sec.  173.337 the requirement for cylinders to be 
equipped with a stainless steel valve and valve seat that will not 
deteriorate if in contact with nitrogen dioxide. Praxair requests we 
allow the use of UN pressure receptacles of equal capacity to DOT 
specification cylinders. Although this request may have merit, we did 
not propose to allow the use of UN tubes in this section because the UN 
Model Regulations do not permit the use of UN tubes or MEGCs for the 
transport of nitrogen dioxide, liquefied or dinitrogen tetroxide, 
liquefied.
    In addition, the reference to GSA Federal Specification RR-C-901C 
is revised to read RR-C-901D and the reference to paragraph 4.4.2.2 is 
revised to read 4.3.2. In addition, readers should refer to the 
preamble discussion to Sec.  173.302.
Section 173.337
    This section addresses requirements for nitric oxide. As proposed 
in the NPRM, we are revising this section to authorize the use of UN 
cylinders for nitric oxide. UN tubes and MEGCs are not authorized. In 
addition, the reference to GSA Federal Specification RR-C-901C is 
revised to read RR-C-901D and the reference to paragraph 4.4.2.2 is 
revised to read 4.3.2. In addition, readers should refer to the 
preamble discussion to Sec.  173.302.

Part 178

Section 178.69
    New Sec.  178.69 contains the responsibilities and requirements 
applicable to manufacturers of UN pressure receptacles. Praxair 
requests we remove the words ``made in the United States'' stating the 
NPRM language unnecessarily restricts the requirements to U.S. 
manufacturers. We agree with the commenter and have revised this 
section to reference UN cylinders marked with ``USA'' as a country of 
approval.
    CGA and Taylor-Wharton request PHMSA clarify that a manufacturer's 
quality system be documented in the ``English language.'' We have 
revised the regulatory text accordingly.
Section 178.70
    New Sec.  178.70 contains the procedures for obtaining design type 
approval to manufacture UN pressure receptacles. These procedures 
include a pre-audit inspection by an IIA, an application for initial 
design type approval, approval modification procedures, production 
inspections, and recordkeeping requirements. Praxair requests we revise 
paragraph (a) to clarify the requirements

[[Page 33868]]

in this section apply to all manufacturers of UN pressure receptacles 
regardless of whether the manufacturer's facility is located inside or 
outside of the United States. We agree and are revising the language in 
paragraph (a) to clearly state this section applies to all 
manufacturers of UN pressure receptacles intended for the 
transportation of hazardous materials within the United States 
regardless of the manufacturer's location.
    CGA, Norris and Taylor-Wharton object to the requirement for a 
separate audit and inspection prior to the production of each design 
type and request we only require an audit and inspection prior to the 
initial manufacture of UN pressure receptacles and not for subsequent 
design type approvals. CGA and Taylor-Wharton request we do not subject 
manufacturers to auditing and destructive testing for each new design 
type without warrant. CGA and Taylor-Wharton further object to the 
requirement in Sec.  178.70(f)(4) requiring a sample from the 
production lot to be selected and sent to a testing laboratory, and 
suggest this requirement should be at the discretion of DOT. Norris 
objects to the requirement for separate inspection audits that must be 
conducted by the IIA and the Associate Administrator prior to 
registration of a new UN cylinder design type. Norris suggests 
requiring separate inspections by the IIA and the Associate 
Administrator when applying for the initial design approval but not for 
subsequent design type approvals. Norris suggests manufacturers submit 
the documentation for each subsequent design type to the IIA who will 
also witness the tests, then submit the results of the testing to the 
Associate administrator for final approval. We disagree with the 
commenters. To assure the level of safety required under the HMR is 
maintained, PHMSA reserves the right to conduct subsequent audits prior 
to the manufacture of each new design type to verify each additional UN 
pressure receptacle design type is designed and manufactured to the 
appropriate standards.
Section 178.71
    New Sec.  178.71 contains the manufacturing specifications for UN 
pressure receptacles, including the specification marking requirements. 
As proposed in the NPRM, this section prescribes definitions for terms 
such as ``alternative arrangement,'' ``design type,'' and ``UN pressure 
receptacle design type.'' In addition, in this final rule we are adding 
a definition for ``design type approval,'' based on a request from CGA. 
A design type approval is the overall approval of the manufacturer's 
quality system and approval of the design type of each pressure 
receptacle to be produced. The initial and subsequent design type 
approval process is outlined in Sec.  178.70 of this final rule and 
Section IV of the preamble to the NPRM. Finally, a number of ISO 
technical standards containing design, construction, and test 
requirements for seamless or composite UN pressure receptacles are 
incorporated by reference.
    We proposed to subject the pressure receptacles to a hydraulic 
volumetric expansion test at the time of manufacture. CGA and Taylor-
Wharton request we permit the use of both the volumetric expansion test 
and the proof pressure test for UN cylinders, tubes, and bundles of 
cylinders. We disagree. The volumetric expansion test measures a 
cylinder's elastic expansion and ensures the adequacy of the physical 
properties of each cylinder.
    In Sec.  178.71(d)(4) of the NPRM, we proposed to require UN 
pressure receptacles filled by volume to be equipped with a level 
indicator. Praxair requests we revise this section to authorize the use 
of a volume activated shut-off valve as an alternative to a level 
indicator. A petition for a rulemaking (P-1039) submitted by NPGA 
regarding the volumetric filling of liquefied petroleum gas cylinders 
is beyond the scope of this rulemaking, but will be considered along 
with Praxair's request in a future proceeding. Therefore, we are 
adopting this provision as proposed. CGA and Taylor-Wharton request we 
incorporate by reference ISO 4706-1, ``Refillable Welded Steel Gas 
Cylinders-Test pressure 60 bar and below'' ISO 4706-2, ``Refillable 
Welded Steel Gas Cylinders-Test pressure greater than 60 bar'' as the 
standards are approved, or consider the current 1989 version of IS0 
4706. We did not propose in the NPRM to adopt the design, construction, 
and test requirements for refillable, welded steel cylinders. 
Therefore, the commenters' request is outside the scope of this 
rulemaking. Further, ISO has not finalized the refillable, welded steel 
cylinders standards. When those standards are finalized, we will 
consider whether to adopt them into the HMR.
    In the NPRM, we proposed to allow the use of refillable composite 
cylinders designed, manufactured and tested in accordance with ISO 
11119. In addition, we proposed for these composite cylinders to be 
designed and manufactured to unlimited service life standards while 
limiting their service life to fifteen years from the date of 
manufacture. Barlen agrees with this position. Lincoln Composite 
disagrees with this position, citing the rigorous hydraulic cycle 
requirements in ISO 11119 necessary to designate a cylinder for 
unlimited life as compared to the hydraulic cycling required for the 
DOT-Fully Wrapped Carbon Fiber Reinforced Composite (DOT-CFFC) 
cylinders which are currently authorized under several special permits. 
Lincoln Composite further requests that we provide an unlimited service 
life for those cylinders designed, manufactured and tested to the 
unlimited life requirements provided by ISO 11119. We disagree. 
Hydraulic cycling in a controlled setting alone does not provide an 
adequate evaluation of the conditions that may be encountered in the 
transportation of a composite cylinder. Therefore, limiting the service 
life for composite cylinders is warranted at this time. Any increase in 
service life for these composite cylinders would have to be based on a 
sound non-destructive examination (NDE) performed during 
requalification. The NDE method used would have to accurately detect 
and measure a flaw (e.g. impact damage) that occurred during the 
transportation of the composite cylinders and that may or may not be 
detectable by a visual inspection. We are conducting research to 
evaluate several NDE methods on composite cylinders made in accordance 
with DOT-CFFC requirements. In the interim, we may consider extending 
the service life of composite cylinders on a case-by-case basis through 
an approval from the Associate Administrator.
    We proposed in the NPRM to prohibit in the United States the 
manufacture and use of fully wrapped UN composite cylinders without 
liners under ISO 11119-3. Carleton expresses concern regarding the 
properties of ISO 11119-3 composite cylinders with non-metallic and 
non-load sharing metal liners that do not exhibit the leak before burst 
failure mode. Carleton suggests this is a primary safety feature of 
composite cylinders with a load sharing metallic liner. Carleton 
requests we ensure adequate safety data exists before authorizing the 
manufacture and use of composite cylinders with non-metallic and non 
load-sharing metal liners. Lincoln Composite disagrees with the 
prohibition on the manufacture of ISO 11119-3 composite cylinders 
without liners based on the satisfactory shipping experience of fully 
wrapped composite cylinders under several DOT special permits. Lincoln 
Composite points out that DOT-E 8487, originally issued September 11, 
1980, is for fully

[[Page 33869]]

wrapped fiberglass composite shell with an aluminum liner, which 
carries no more than 20% of the pressure load at burst. After review of 
the ISO 11119-3 standard and the design and shipping experience of 
composite cylinders under special permits, we agree with the Lincoln 
Composite and in this final rule are authorizing the use of composite 
cylinders without liners for Division 2.1 and 2.2 gases. As specified 
in ISO 11119-3 for composite cylinders without liners, the test 
pressure must be limited to less than 60 bar.
    Carleton notes the preamble in the NPRM contains a list of criteria 
that constitute a change in an existing approved design. The commenter 
requests we use the criteria contained in the DOT-CFFC cylinder 
standard for defining a new composite cylinder design. We disagree. The 
design change criteria contained in the NPRM preamble is specified in 
ISO 11119 and must be used when determining if a change constitutes a 
new design.
    CGA and Taylor-Wharton request that we require manufacturers to 
mark the ISO porous mass standard and not the ISO standard 
identification that is the ``9809'' on acetylene cylinders. They 
suggest that the ``9809'' marking could lead to confusion and cause 
these cylinders to be filled with a gas other than acetylene. In this 
final rule, we are requiring acetylene cylinders to be made of steel. 
Therefore, we are requiring the cylinder to be marked with the 
acetylene porous mass standard followed by the steel shell standard, 
for example ``ISO 3807-2/ISO 9809-1.'' This will provide for easy 
identification of acetylene cylinders and verification of the steel 
shell.
Section 178.74
    New Sec.  178.74 contains the approval procedures for MEGCs. These 
provisions include procedures for submitting and processing 
applications for approval, approval denials and terminations, approval 
modifications, and the responsibilities of MEGC manufacturers and of 
approval agencies.
    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 the MEGC 
design complies in all respects with the requirements in Sec.  178.75 
and documentation showing 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 
each MEGC is manufactured to the approved design type and fully 
conforms to the applicable requirements. The approval agency will issue 
a certificate of compliance for each MEGC manufactured.
Section 178.75
    New Sec.  178.75 contains the manufacturing specifications for 
MEGCs and definitions for: ``Leakproofness test,'' ``Manifold,'' 
``Maximum permissible gross mass or MPGM,'' and ``Structural 
equipment.'' This section also references a number of ISO technical 
standards for the design and construction of MEGCs. In addition, the 
section includes requirements for specification marking. In the NPRM, 
we proposed for shut off valves, other than those with screwed 
spindles, to require ``the open and closed positions and the direction 
of closure must be clearly shown.'' Air Products suggests that we 
revise this statement for clarity purposes. We believe the NPRM 
language is appropriate and are adopting the proposed language in this 
final rule.
Section 180.201
    This section lists persons to whom the requirements for 
qualification, maintenance, and use of cylinders apply. As proposed in 
the NPRM, we are revising the general applicability provisions to 
include UN pressure receptacles.
Section 180.203
    This section establishes definitions specific to cylinder 
qualification, maintenance, and use. As proposed in the NPRM, we are 
revising the definition for ``cylinder'' to include UN pressure 
receptacles.
Section 180.205
    We are revising the section heading to read: ``General requirements 
for requalification of specification cylinders.''
Section 180.207
    New Sec.  180.207 contains the UN pressure receptacle 
requalification requirements, which include requalification intervals 
and procedures. All seamless steel and aluminum cylinder types 
authorized in this final rule must be requalified in accordance with 
ISO 6406 (for steel) and 10461 (for aluminum). Both ISO 6406 and ISO 
10461 provide for the periodic requalification of cylinders by an 
ultrasonic examination or a pressure test. The pressure test may be 
either the hydraulic proof pressure test or the hydrostatic volumetric 
expansion test. In the NPRM, we solicited comments on whether we should 
permit, under certain conditions, requalification of UN pressure 
receptacles by the proof pressure method as an alternative to the 
volumetric expansion test. Arrowhead supports the proposal to require 
volumetric expansion testing of all UN pressure receptacles. Barlen 
suggests that, with the exception of pure or mixtures of carbon 
dioxide, all cylinders in Division 2.1 and 2.2 services could be 
retested by the proof pressure method. Barlen further suggests PHMSA 
mandate that the cylinders be marked with a clear indication of their 
gas service and authorize a 15-year retest period.
    The hydrostatic volumetric expansion test provides useful 
information during the manufacturing of a cylinder to assure a complete 
and uniform heat treatment of that cylinder. Permanent expansion in 
excess of 10% of total expansion at the time of manufacture may 
indicate a defective cylinder. During requalification, hydrostatic 
volumetric expansion testing may result in excessive permanent 
expansion (above 10%) if a cylinder has a substantial loss of side-wall 
thickness due to severe internal or external corrosion. A cylinder that 
has been engulfed in a fire for a period of time also may undergo 
excessive expansion. Cylinders showing excessive permanent expansion 
must be condemned.
    Based on studies reviewed by PHMSA, a cylinder must lose a 
substantial amount of its original wall thickness before excessive 
permanent expansion is measured during a hydrostatic pressure test. 
Since a complete visual inspection (external and internal) is required 
for any requalification, a cylinder with side-

[[Page 33870]]

wall corrosion will be rejected in accordance with the appropriate 
requalification standard. The size of rejectable side-wall corrosion is 
much smaller than what will cause excessive permanent expansion.
    Based on a survey we have conducted with participation from re-
testers, over 90% of all cylinders rejected during requalification are 
rejected because of flaws identified through visual inspection. Both 
the hydraulic volumetric expansion test and the proof pressure test 
will provide equal assurance that a cylinder, at the time of 
requalification has been pressurized to approximately 1.5 times the 
service pressure without failure. Based on the review of public 
comments, our technical evaluation of these two test methods and their 
impact, we will allow UN pressure receptacles, including UN pressure 
receptacles installed in MEGCs, to be requalified by either the 
hydraulic volumetric expansion method or the hydraulic proof pressure 
method.
    Proposed paragraph (a)(3) states a cylinder with a specified 
service life may not be refilled and offered for transportation after 
its authorized service life has expired. Further, the paragraph states, 
a UN composite cylinder may not be requalified beyond its 15-year 
authorized service life unless approval has been received from the 
Associate Administrator. CGA and Lincoln Composite request we revise 
paragraph (a)(3) to clarify that UN pressure receptacles may have their 
authorized service life extended if specifically approved by the 
Associate Administrator. We are revising paragraph (a)(3) as requested 
by the commenters. This provision applies only to UN composite 
cylinders, since we did not propose to limit the authorized service 
life of seamless UN pressure receptacles. Air Products requests we 
align the requalification interval for DOT specification cylinders with 
the interval of the corresponding UN pressure receptacle. This 
rulemaking addresses UN cylinder requirements; thus, the 
requalification requirements for DOT specification cylinders are beyond 
the scope of this rulemaking.
    We proposed, in paragraph (d)(1), to allow UN pressure receptacles 
made of high strength steel with a tensile strength equal to or greater 
than 950 MPa and UN tubes to be requalified in accordance with Sec.  
180.209 or in accordance with procedures approved by the Associate 
Administrator. CGA and Taylor-Wharton request we require all seamless 
steel UN pressure receptacles to be requalified in accordance with the 
requirements of ISO 6406. They state requalifiers will not be able to 
determine the 950 MPa limitation of the steel because the tensile 
strength is not required to be marked on the cylinders. Therefore, a 
requalifier will not be able to determine if a hydrostatic test is 
appropriate. We agree. Most, if not all, UN seamless steel cylinders 
with a tensile strength less than 950 MPa will bear the H mark to show 
the compatibility of the steel with corrosive or embrittling gases as 
required by ISO 11114-1. Therefore, those UN seamless steel cylinders 
bearing the H mark may be tested by the hydrostatic test method. Those 
UN seamless steel cylinders bearing no H mark must be requalified by 
ultrasonic examination (UE) in accordance with ISO 6406 by a 
requalifier who is approved by the Associate Administrator to requalify 
pressure receptacles using UE. UN tubes and MEGCs may be requalified by 
acoustic emission (AE) under the terms of a special permit issued by 
the Associate Administrator. A list of requalifiers who are authorized 
to examine UN pressure receptacles by UE or AE is available for review 
on the PHMSA Web site: http://hazmat.dot.gov/sp_app/approvals/exsys.htm#approvals.
Section 180.212
    This section addresses requirements for the repair of DOT-3 series 
specification cylinders. As proposed in the NPRM, we are revising the 
cylinder repair requirements to include UN pressure receptacles.
Section 180.213
    This section establishes marking requirements for requalified 
cylinders. As proposed in the NPRM, we are revising the requalification 
marking provisions to include UN pressure receptacles. Lincoln 
Composite requests we permit the use of a permanent label bearing the 
requalification markings on UN composite cylinders. Lincoln Composite 
states the label should be applied to the cylinder in a manner 
prescribed by the cylinder's manufacturer because differing surface 
treatments during manufacture may limit or preclude the use of certain 
adhesives. We agree, and are authorizing the label to be affixed to the 
cylinder in a manner authorized by the cylinder manufacturer. We are 
also correcting a cite reference.
Section 180.217
    New Sec.  180.217 contains requalification requirements for MEGCs. 
This section specifies the requalification intervals and marking 
requirements for MEGCs and is adopted as proposed in the NPRM.

Other Miscellaneous Comments

    Praxair recommends that throughout the final rule, we revise the 
term ``UN cylinders'' to the read ``UN cylinders or UN pressure 
receptacles,'' noting that the term ``UN pressure receptacles'' 
includes pressure receptacles with a capacity larger than the 150 L 
capacity in the definition of UN cylinder. We disagree with the 
commenter. Revising the term ``UN cylinders'' to read ``UN cylinders or 
UN pressure receptacles'' would permit the use of UN tubes, which are 
not permitted for certain hazardous materials.
    Carleton raised three questions regarding DOT fully wrapped 
aluminum lined composite (CFFC) cylinder specifications and DOT fiber 
reinforced plastic type composite (FRP-1) cylinder specifications. 
Carleton asks whether DOT FRP-1 and DOT CFFC will continue as active 
standards; how long will these standards remain active; and may new 
designs be qualified to these standards. With exception of the question 
regarding the future longevity of the DOT FRP-1 and DOT DFFC standards, 
the answer to these questions is yes. This final rule addresses the 
design and manufacture of UN pressure receptacles and MEGCs. We did not 
propose to modify DOT CFFC or DOT FRP-1 specifications. Taylor-Wharton 
requests PHMSA consider clarifying that the service pressure is not 
required to be marked on DOT series 8 acetylene cylinders. We agree 
with the commenter that 49 CFR 178.59 and 178.60 do not require the 
service pressures to be marked on acetylene cylinders. This final rule 
addresses UN pressure receptacles and, therefore, any revision to these 
sections is beyond the scope of this rulemaking.
    PUCO expressed concern regarding the adoption of UN pressure 
receptacles and potential confusion of enforcement agencies. PUCO 
requests PHMSA, in coordination with DOT modal administrations and 
state enforcement agencies, to create and disseminate training 
materials describing the changes and how to properly inspect UN 
pressure receptacles. To assist enforcement agencies and the regulated 
communities, we will develop and dissementiate training materials 
regarding these amendments following the publication of this final 
rule.

[[Page 33871]]

V. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule 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 final rule aligns 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 
special permits and 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 final rule 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 
Recommendations, 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 final rule 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 
final rule was not reviewed by the Office of Management and Budget. A 
regulatory evaluation is in the docket for this rulemaking.
    This final rule adds 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 changes provide shippers with an optional 
means of compliance; therefore, any increased compliance costs 
associated with the proposals in this final rule 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 final rule harmonizes 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 borders. More 
importantly, harmonized regulations reduce the potential for 
misunderstanding and confusion and, thus, enhance safety.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule preempts State, local and Indian tribe requirements but does 
not propose any regulation 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-
5128, 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;
    (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, inspection, marking, 
maintenance, reconditioning, repair, or testing of a packaging or 
container represented, marked, certified, or sold as qualified for use 
in transporting hazardous material.
    This final rule addresses covered subject items (1), (2), (3), and 
(5) described above and would preempt State, local, and Indian tribe 
requirements not meeting the ``substantively the same'' standard. This 
final 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. 
The effective date of Federal preemption will be 90 days from 
publication of this final rule in the Federal Register.

[[Page 33872]]

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not 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 review 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 final 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 final rule. 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 in this final rule 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 final rule, we are adding 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 who use the 
volumetric expansion test and seven domestic independent inspection 
agencies. There are also 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 final rule. 
The 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 final rule 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 50 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 not believe that this will be the 
case with this final rule. The requirements for the manufacture, 
testing, and use of UN pressure receptacles as in the final rule 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.
    Conclusion. I certify this final rule would not have a significant 
economic impact on a substantial number of small entities. The costs 
associated with this final 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 final rule resulted in an increase in annual burden and costs 
based on a new information collection requirement. This notice 
identifies a new information collection request that PHMSA submitted to 
the Office of Management and Budget (OMB) for approval based on the 
requirements in this final rule. The information collection regarding 
the design, construction, maintenance and use of UN cylinders has been 
approved by OMB under OMB Control No. 2137-0621, ``Requirements for UN 
Cylinders,'' with an expiration date of May 31, 2008.
    PHMSA developed burden estimates to reflect changes in this final 
rule. PHMSA estimates that the total information collection and 
recordkeeping burden for the current requirements of this final rule 
will be as follows:
    OMB No. 2137-0621:
    Total Annual Number of Respondents: 50.

[[Page 33873]]

    Total Annual Responses: 150.
    Total Annual Burden Hours: 900.
    Total Annual Burden Cost: $22,500.00.
    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. PHMSA 
specifically requested comments on the information collection and 
recordkeeping burdens associated with developing, implementing, and 
maintaining these requirements for approval under this final rule. No 
comments were received regarding this information collection.
    Direct your requests for a copy of the information collection to 
Deborah Boothe or T. Glenn Foster, Office of Hazardous Materials 
Standards (PHH-10), Pipeline and Hazardous Materials Safety 
Administration (PHMSA), Room 8102, 400 Seventh Street, SW., Washington, 
DC 20590-0001, Telephone (202) 366-8553.

G. Unfunded Mandates Reform Act of 1995

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$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 final rule. We are revising 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, Incorporation by reference, 
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.


0
In consideration of the foregoing, we amend 49 CFR Chapter I as 
follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 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.


0
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 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 a special permit issued under 
this part;
    (3) A person who seeks approval to perform the manufacturing 
chemical analyses and tests of DOT specification cylinders, special 
permit cylinders, or UN pressure receptacles outside the United States.
* * * * *

0
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 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
* * * * *

0
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

[[Page 33874]]

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 chapter, or 
under the terms of a special permit issued under this part.
* * * * *
    (c) * * *
    (2) The types of DOT specification or special permit 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 special permit 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.
* * * * *

0
5. Section 107.809 is added to read as follows:


Sec.  107.809  Conditions of UN pressure receptacle approvals.

    (a) Each approval issued under this subpart contains the following 
conditions:
    (1) Upon the request of the Associate Administrator, the applicant 
or holder must allow the Associate Administrator or the Associate 
Administrator's designee to inspect the applicant's pressure receptacle 
manufacturing and testing facilities and records, and must provide such 
materials and pressure receptacles for analyses and tests as the 
Associate Administrator may specify. The applicant or holder must bear 
the cost of the initial and subsequent inspections, analyses, and 
tests.
    (2) Each holder must comply with all of the terms and conditions 
stated in the approval letter issued under this subpart.
    (b) In addition to the conditions specified in Sec.  107.713, an 
approval may be denied or if issued, suspended or terminated if the 
Competent Authority of the country of manufacture fails to initiate, 
maintain or recognize an IIA approved under this subpart; fails to 
recognize UN standard packagings manufactured in accordance with this 
subchapter; or implements a condition or limitation on United States 
citizens or organizations that is not required of its own citizenry.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

    Authority: 49 U.S.C. 5101-5128, 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.

0
7. In Sec.  171.7, in the table in paragraph (a)(3) make the following 
changes:
0
a. Under Compressed Gas Association Inc., a new entry for CGA S-1.1, 
2003 edition, is added;
0
b. Under General Services Administration, the entry Federal 
Specification RRC901C is removed, and an entry for RR-C-901D is added;
0
c. Revise the entry for ``International Organization for 
Standardization,'' and
0
d. Under ``United Nations,'' the entry for UN Recommendations on the 
Transport of Dangerous Goods is revised.
    The revisions and additions read as follows:


Sec.  171.7  Reference material.

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

----------------------------------------------------------------------------------------------------------------
         Source and name of material                                   49 CFR reference
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Compressed Gas Association, Inc.,
 
                                                  * * * * * * *
    CGA Pamphlet S-1.1, Pressure Relief       173.301, 178.75.
     Device Standards--Part 1--Cylinders for
     Compressed Gases, 2003 (with the
     exception of paragraph 9.1.1.1),
     Eleventh Edition.
 
                                                  * * * * * * *
General Services Administration,
                                                  * * * * * * *
    Federal Specification RR-C-901D,          173.302; 173.336; 173.337.
     Cylinders, Compressed Gas: Seamless
     Shatterproof, High Pressure DOT 3AA
     Steel, and 3AL Aluminum, February 21,
     2003 (Superseding RR-C-901C, 1981).
 
                                                  * * * * * * *
International Organization for
 Standardization, Case Postale 56, CH-1211,
 Geneve 20, Switzerland;
Also available from: ANSI 25 West 43rd
 Street, New York, NY 10036
    ISO 82-74(E) Steels Tensile Testing.....  178.270-3.
    ISO 535-1991(E) Paper and board--         178.516; 178.707; 178.708.
     Determination of water absorptiveness--
     Cobb method.
    ISO 1496-1: 1990 (E)--Series 1 freight    173.411
     containers--Specification and testing,
     Part 1: General cargo containers. Fifth
     Edition, (August 15, 1990).
    ISO 1496-3--Series 1 freight containers-- 178.74; 178.75; 178.274.
     Specification and testing--Part 3: Tank
     containers for liquids, gases and
     pressurized dry bulk, Fourth edition,
     March 1995, (E).
    ISO 2431-1984(E) Standard Cup Method....  173.121.
    ISO 2592-1973(E) Petroleum products--     173.120.
     Determination of flash and fire points--
     Cleveland open cup method.
    ISO 2919-1980(E) Sealed radioactive       173.469.
     sources--Classification.
    ISO 3036-1975(E) Board--Determination of  178.708.
     puncture resistance.
    ISO 3574-1986(E) Cold-reduced carbon      178.503; Part 178, appendix C.
     steel sheet of commercial and drawing
     qualities.
ISO 3807-2, Cylinders for acetylene--Basic    173.303; 178.71.
 requirements--Part 2: Cylinders with
 fusible plugs, First edition, March 2000,
 (E).
ISO 4126-1 Safety valves--Part 1: General     178.274.
 Requirements, December 15, 1991, First
 Edition.
ISO 6406, Gas cylinders--Seamless steel gas   180.207.
 cylinders--Periodic inspection and testing,
 Second edition, February 2005, (E).

[[Page 33875]]

 
ISO 6892 Metallic materials--Tensile          178.274.
 testing, July 15, 1984, First Edition.
ISO 7225, Gas cylinders--Precautionary        178.71.
 labels, First edition, November 1994,
 (Corrected and reprinted August 1995), (E).
ISO 7866, Gas cylinders--Refillable seamless  178.71.
 aluminum alloy gas cylinders--Design,
 construction and testing, First edition,
 June 1999, (E).
ISO 8115 Cotton bales--Dimensions and         172.102.
 density, 1986 Edition.
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 1 100 MPa., First
 edition, June 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 1 100
 MPa., First edition, June 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, First edition,
 December 2000, (E).
ISO 9978:1992(E)--Radiation protection--      173.469.
 Sealed radioactive sources--Leakage test
 methods. First Edition, (February 15, 1992).
ISO 10297, Gas cylinders--Refillable gas      173.301b, 178.71.
 cylinder valves--Specification and type
 testing, First edition, May 1999, (E).
ISO 10461, Gas cylinders--Seamless aluminum-- 180.207.
 alloy gas cylinders--Periodic inspection
 and testing, Second edition, February 2005,
 (E).
ISO 10462, Gas cylinders--Transportable       180.207.
 cylinders for dissolved acetylene--Periodic
 inspection and maintenance, Second edition,
 February 2005, (E).
ISO 11114-1, Transportable gas cylinders--    173.301b; 178.71.
 Compatibility of cylinder and valve
 materials with gas contents--Part 1:
 Metallic materials, First edition, October
 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, First
     edition, December 2000, (E).
    ISO 11117, Gas cylinders--Valve           173.301b.
     protection caps and valve guards for
     industrial and medical gas cylinders--
     Design, construction and tests, First
     edition, August 1998, (E).
    ISO 11118, Gas cylinders--Non-refillable  178.71.
     metallic gas cylinders--Specification
     and test methods, First edition,
     October 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,
     First edition, May 2002, (E).
    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, First edition,
     May 2002, (E).
    ISO 11119-3, Gas cylinders of composite   178.71.
     construction--Specification and test
     methods--Part 3: Fully wrapped fibre
     reinforced composite gas cylinders with
     non-load-sharing metallic or non-
     metallic liners, First edition,
     September 2002, (E).
    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, First
     edition, March 1999, (E).
    ISO 11621, Gas cylinders--Procedures for  173.302, 173.336, 173.337.
     change of gas service, First edition,
     April 1997, (E).
    ISO 11623, Transportable gas cylinders--  180.207.
     Periodic inspection and testing of
     composite gas cylinders, First edition,
     March 2002, (E).
 
                                                  * * * * * * *
United Nations,
 
                                                  * * * * * * *
UN Recommendations on the Transport of        171.12; 172.202; 172.401; 172.502; 173.22; 173.24; 173.24b;
 Dangerous Goods, Thirteenth Revised Edition   173.40; 173.192; 173.197; 173.302b; 173.304b; Part 173, appendix
 (2003), Volumes I and II.                     H; 178.75; 178.274; 178.801.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
8. In Sec.  171.8, definitions for ``bundle of cylinders,'' ``multiple 
element gas container or MEGC,'' ``settled pressure,'' ``UN cylinder,'' 
``UN pressure receptacle,'' ``UN tube'' and ``working pressure'' are 
added in alphabetical order to read as follows:


Sec.  171.8  Definitions.

* * * * *
    Bundle of cylinders means assemblies of UN cylinders 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 a bundle intended for the transport of gases in Division 2.3 is 
limited to a water capacity of 1,000 L.
* * * * *
    Multiple-element gas container or MEGC 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.
* * * * *
    Settled pressure means the pressure exerted by the contents of a UN 
pressure receptacle in thermal and diffusive equilibrium.
* * * * *
    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

[[Page 33876]]

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).
* * * * *

0
9. In Sec.  171.11, paragraph (d)(20) is added to read as follows:


Sec.  171.11  Use of ICAO Technical Instructions.

* * * * *
    (d) * * *
    (20) Cylinders (including UN pressure receptacles) 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), (k) or (l) 
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 for the hazardous material 
involved;
    (iii) For an aluminum cylinder in oxygen service, except when used 
aboard an aircraft in accordance with the applicable airworthiness 
requirements and operating regulations, the cylinder openings conform 
to the requirements in this paragraph. For a DOT specification cylinder 
(e.g. 3AL), the opening must be configured with straight (parallel) 
threads. A UN pressure receptacle may have straight (parallel) or 
tapered threads provided the UN pressure receptacle is marked with the 
thread type (e.g. ``17E, 25E, 18P or 25P'') and fitted with the 
properly marked valve; and
    (iv) The UN pressure receptacle is marked with ``USA'' as a country 
of approval in conformance with Sec. Sec.  178.69 and 178.70 of this 
subchapter.

0
10. In Sec.  171.12, paragraph (b)(15) is revised to read as follows:


Sec.  171.12  Import and export shipments.


* * * * *
    (b) * * *
    (15) Cylinders (including UN pressure receptacles) 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), (k) or (l) 
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 an aluminum cylinder in oxygen service used for other 
than aircraft parts, the cylinder openings conform to the requirements 
of this paragraph. For a DOT specification cylinder (e.g. DOT 3AL), the 
opening must be configured with straight (parallel) threads. A UN 
pressure receptacle may have straight (parallel) or tapered threads 
provided the cylinder is marked with the thread type, e.g. ``17E, 25E, 
18P, 25P'' and fitted with the properly marked valve; and
    (iv) The UN pressure receptacle is marked with ``USA'' as a country 
of approval in conformance with Sec. Sec.  178.69 and 178.70 of this 
subchapter.
* * * * *

0
11. In Sec.  171.12a, paragraph (b)(13) is revised to read as follows:


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 (including UN pressure receptacles) may not be 
transported unless;
    (i) The packaging is a UN pressure receptacle marked with the 
letters ``CAN'' for Canada as a country of manufacture or a country of 
approval or is a cylinder that was 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), (k), 
(l) or (m) of this subchapter.
    (ii) The cylinder conforms to the applicable requirements in part 
173 of this subchapter for the hazardous material involved; and
    (iii) For an aluminum cylinder in oxygen service used for other 
than aircraft parts, the cylinder openings conform to the requirements 
of this paragraph. For a DOT specification cylinder (e.g. DOT 3AL), the 
opening must be configured with straight (parallel) threads. UN 
pressure receptacles may have straight (parallel) or tapered threads 
provided the cylinder is marked with the thread type, e.g. ``17E, 25E, 
18P, 25P'' and fitted with the properly marked valve.
* * * * *

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

0
12. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.


Sec.  172.101  [Amended]

0
13. In the Sec.  172.101 Hazardous Materials Table, the following 
entries are revised to read as follows:

[[Page 33877]]



----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                       Hazardous                                                                                                  Packaging (Sec.   173.***)  (8)            Quantity limitations  (9)         Vessel stowage  (10)
                       materials                                                                              Special    ---------------------------------------------------------------------------------------------------------------
     Symbols       descriptions and   Hazard class or    Identification         PG          Label codes     provisions
                    proper shipping       division                                                             (Sec.        Exceptions       Non-bulk          Bulk          Passenger      Cargo air-       Location          Other
                         names                                                                               172.102)                                                      aircraft/rail    craft only
(1)               (2)...............  (3)............  (4)..............  (5)...........  (6)...........  (7)...........  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                  [REVISE:]
 
                                                                                                              * * * * * * *
                  Acetylene,          2.1............  UN1001...........  ..............  2.1...........  N88...........  None..........  303...........  None..........  Forbidden.....  15 kg.........  D.............  25, 40, 57
                   dissolved.
 
                                                                                                              * * * * * * *
I...............  Ammonia, anhydrous  2.3............  UN1005...........  ..............  2.3, 8........  4, N87, T50...  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D.............  40, 57
 
                                                                                                              * * * * * * *
I...............  Ammonia solution,   2.2............  UN3318...........  ..............  2.3, 8........  4, N87, T50...  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D.............  40, 57
                   relative density
                   less than 0.880
                   at 15 degrees C
                   in water, with
                   more than 50
                   percent ammonia.
 
                                                                                                              * * * * * * *
                  Ammonia solution,   2.2............  UN2073...........  ..............  2.2...........  N87...........  306...........  304...........  314, 315......  Forbidden.....  150 kg........  E.............  40, 57
                   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.............  None..........  192...........  245...........  Forbidden.....  Forbidden.....  D.............  40
 
                                                                                                              * * * * * * *
                  Bromine chloride..  2.3............  UN2901...........  ..............  2.3, 8, 5.1...  2, B9, B14,     None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D.............  40, 89, 90
                                                                                                           N86.
 
                                                                                                              * * * * * * *
                  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,                                                                                                       62, 68, 89,
                                                                                                           TP19.                                                                                                           90
 
                                                                                                              * * * * * * *
                  Chlorine            2.3............  UN2548...........  ..............  2.3, 5.1, 8...  1, B7, B9,      None..........  304...........  314...........  Forbidden.....  Forbidden.....  D.............  40, 89, 90
                   pentafluoride.                                                                          B14, N86.
 
                                                                                                              * * * * * * *
                  Chlorine            2.3............  UN1749...........  ..............  2.3, 5.1, 8...  2, B7, B9,      None..........  304...........  314...........  Forbidden.....  Forbidden.....  D.............  40, 89, 90
                   trifluoride.                                                                            B14, N86.
 
                                                                                                              * * * * * * *
                  Chloropicrin and    2.3............  UN1581...........  ..............  2.3...........  2, B9, B14,     None..........  193...........  314, 315......  Forbidden.....  Forbidden.....  D.............  25, 40
                   methyl bromide                                                                          N86, T50.
                   mixtures.
 
                                                                                                              * * * * * * *
                  Chloropicrin and    2.3............  UN1582...........  ..............  2.3...........  2, N86, T50...  None..........  193...........  245...........  Forbidden.....  Forbidden.....  D.............  25, 40
                   methyl chloride
                   mixtures.
 
                                                                                                              * * * * * * *
                  Deuterium,          2.1............  UN1957...........  ..............  2.1...........  N89...........  306...........  302...........  None..........  Forbidden.....  150 kg........  E.............  40
                   compressed.
 

[[Page 33878]]

 
                                                                                                              * * * * * * *
                  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, 8...  1, N86........  None..........  302...........  None..........  Forbidden.....  Forbidden.....  D.............  40, 89, 90
                   compressed.
 
                                                                                                              * * * * * * *
                  Germane...........  2.3............  UN2192...........  ..............  2.3, 2.1......  2.............  None..........  302...........  245...........  Forbidden.....  Forbidden.....  D.............  40
 
                                                                                                              * * * * * * *
                  Hydrogen and        2.1............  UN2034...........  ..............  2.1...........  N89...........  306...........  302...........  302, 314, 315.  Forbidden.....  150 kg........  E.............  40, 57
                   Methane mixtures,
                   compressed.
 
                                                                                                              * * * * * * *
                  Hydrogen bromide,   2.3............  UN1048...........  ..............  2.3, 2.8......  3, B14, N86,    None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D.............  40
                   anhydrous.                                                                              N89.
 
                                                                                                              * * * * * * *
                  Hydrogen chloride,  2.3............  UN1050...........  ..............  2.3, .8.......  3, N86, N89...  None..........  304...........  None..........  Forbidden.....  Forbidden.....  D.............  40
                   anhydrous.
 
                                                                                                              * * * * * * *
                  Hydrogen,           2.1............  UN1049...........  ..............  2.1...........  N89...........  306...........  302...........  302, 314......  Forbidden.....  150 kg........  E.............  40, 57
                   compressed.
 
                                                                                                              * * * * * * *
                  Hydrogen fluoride,  8..............  UN1052...........  I.............  8, 6.1........  3, B7, B46,     None..........  163...........  243...........  Forbidden.....  Forbidden.....  D.............  40
                   anhydrous.                                                                              B71, B77,
                                                                                                           N86, T10, TP2.
 
                                                                                                              * * * * * * *
                  Hydrogen iodide,    2.3............  UN2197...........  ..............  2.3...........  3, B14, N89...  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D.............  40
                   anhydrous.
 
                                                                                                              * * * * * * *
                  Hydrogen sulfide..  2.3............  UN1053...........  ..............  2.3, 2.1......  2, B9, B14,     None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D.............  40
                                                                                                           N89.
 

[[Page 33879]]

 
                                                                                                              * * * * * * *
                  Methyl acetylene    2.1............  UN1060...........  ..............  2.1...........  N88, T50......  306...........  304...........  314, 315......  Forbidden.....  150 kg........  B.............  40
                   and propadiene
                   mixtures,
                   stabilized.
 
                                                                                                              * * * * * * *
                  Methyl bromide....  2.3............  UN1062...........  ..............  2.3...........  3, B14, N86,    None..........  193...........  314, 315......  Forbidden.....  Forbidden.....  D.............  40
                                                                                                           T50.
 
                                                                                                              * * * * * * *
                  Methyl chloride or  2.1............  UN1063...........  ..............  2.1...........  N86, T50......  306...........  304...........  314, 315......  5 kg..........  100 kg........  D.............  40
                   Refrigerant gas R
                   40.
 
                                                                                                              * * * * * * *
                  Methyl chloride     2.1............  UN1912...........  ..............  2.1...........  N86, T50......  306...........  304...........  314, 315......  Forbidden.....  150 kg........  D.............  40
                   and methylene
                   chloride mixtures.
 
                                                                                                              * * * * * * *
                  Methyl mercaptan..  2.3............  UN1064...........  ..............  2.3, 2.1......  3, B7, B9,      None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D.............  40
                                                                                                           B14, N89, T50.
 
                                                                                                              * * * * * * *
                  Methylamine,        2.1............  UN1061...........  ..............  2.1...........  N87, T50......  306...........  304...........  314, 315......  Forbidden.....  150 kg........  B.............  40
                   anhydrous.
 
                                                                                                              * * * * * * *
                  Oxygen difluoride,  2.3............  UN2190...........  ..............  2.3, 5.1, 8...  1, N86........  None..........  304...........  None..........  Forbidden.....  Forbidden.....  B.............  40
                   compressed.
 
                                                                                                              * * * * * * *
                  Phosphine.........  2.3............  UN2199...........  ..............  2.3, 2.1......  1.............  None..........  192...........  245...........  Forbidden.....  Forbidden.....  D.............  40
 
                                                                                                              * * * * * * *
                  Silane............  2.1............  UN2203...........  ..............  2.1...........  ..............  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............  UN1860...........  ..............  2.1...........  N86...........  306...........  304...........  314, 315......  Forbidden.....  150 kg........  E.............  40
                   stabilized.
 
                                                                                                              * * * * * * *
                  [ADDED]
                  Acetylene, solvent  Forbidden......
                   free.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 33880]]


0
14. 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 Any metal part of a UN pressure receptacle in contact with the 
contents may not contain more than 65% copper, with a tolerance of 1%.
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

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

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

0
16. In Sec.  173.40, paragraphs (a)(1), (a)(2), and (b), (d) and (e) 
are revised and paragraphs (a)(3) and (a)(4) are 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. 
The use of UN tubes and MEGCs is prohibited for Hazard Zone A 
materials.
    (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.
    (4) For UN seamless cylinders used for Hazard Zone A materials, the 
maximum water capacity is 85 L.
* * * * *
    (b) Outage and pressure requirements. For DOT specification 
cylinders, 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).
* * * * *
    (d) Additional handling protection. Each cylinder or cylinder 
overpack combination offered for transportation containing a Division 
2.3 or 6.1 Hazard Zone A or B material must conform to the valve damage 
protection performance requirements of this section. In addition to the 
requirements of this section, overpacks must conform to the overpack 
provisions of Sec.  173.25.
    (1) DOT specification cylinders must conform to the following:
    (i) Each cylinder with a wall thickness at any point of less than 
2.03 mm (0.08 inch) and each cylinder that does not have fitted valve 
protection must be overpacked in a box. The box must conform to 
overpack provisions in Sec.  173.25. Box and valve protection must be 
of sufficient strength to protect all parts of the cylinder and valve, 
if any, from deformation and breakage resulting from a drop of 2.0 m (7 
ft) or more onto a non-yielding surface, such as concrete or steel, 
impacting at an orientation most likely to cause damage. 
``Deformation''means a cylinder or valve that is bent, distorted, 
mangled, misshapen, twisted, warped, or in a similar condition.
    (ii) Each cylinder with a valve must be equipped with a protective 
metal cap, other valve protection device, or an overpack which is 
sufficient to protect the valve from breakage or leakage resulting from 
a drop of 2.0 m (7 ft) onto a non-yielding surface, such as concrete or 
steel. Impact must be at an orientation most likely to cause damage.
    (2) Each UN cylinder containing a Hazard Zone A or Hazard Zone B 
material must have a minimum test pressure in accordance with P200 of 
the UN Recommendations (IBR, see Sec.  171.7 of this subchapter). For 
Hazard Zone A gases, the cylinder must have a minimum wall thickness of 
3.5 mm if made of aluminum alloy or 2 mm if made of steel or, 
alternatively, cylinders may be packed in a rigid 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.
    (e) Interconnection. Cylinders may not be manifolded or connected. 
This provision does not apply to MEGCs containing Hazard Zone B 
materials in accordance with Sec.  173.312.

0
17. 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.

0
18. 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 minimum test pressure in accordance with P200 of the 
UN Recommendations (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
19. In Sec.  173.195, paragraph (a) is revised to read as follows:


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

    (a) Hydrogen cyanide, anhydrous, stabilized, must be packed in 
specification cylinders or UN pressure receptacles as follows:
    (1) As prescribed in Sec.  173.192;
    (2) Specification 3A480, 3A480X, 3AA480, or 3A1800 metal cylinders 
of not over 126 kg (278 pounds) water capacity (nominal);
    (3) Shipments in 3AL cylinders are authorized only when transported 
by highway and rail; or
    (4) 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.
* * * * *

0
20. In Sec.  173.201, the last entry in paragraph (c) is revised to 
read as follows:

[[Page 33881]]

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.

0
21. 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.

0
22. 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.
* * * * *

0
23. 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.
* * * * *

0
24. 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.
* * * * *

0
25. In Sec.  173.301, paragraphs (a)(10) and (f)(5)(iv) are added; the 
section heading, paragraph (f)(1), the introductory text to paragraphs 
(a), (a)(1), (h), (h)(1), and (i), and paragraphs (c), (d), (j), (k) 
and (l) are revised 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) Any person who installs a valve into an aluminum cylinder in 
oxygen service must verify the valve and the cylinder have the same 
thread type.
* * * * *
    (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 S-1.1 and 
S-7 (IBR; see Sec.  171.7 of this subchapter). The CGA S-1.1, 2001 
edition should be used for DOT specification cylinders and the CGA S-
1.1 2003 edition should be used for UN pressure receptacles (compliance 
with paragraph 9.1.1.1 of CGA S-1.1 is not required). A DOT 39 
cylinder, UN non-refillable cylinder, or a 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.
* * * * *
    (f) * * *
    (1) Except as provided in paragraphs (f)(5), (f)(6), and (l)(2) of 
this section, a cylinder filled with a gas and offered for 
transportation must be equipped with one or more pressure relief 
devices sized and selected as to type, location, and quantity, and 
tested in accordance with CGA S-1.1 and S-7. The CGA S-1.1, 2001 
edition should be used for DOT specification cylinders and the CGA S-
1.1 2003 edition should be used for UN pressure receptacles (compliance 
with paragraph 9.1.1.1 of CGA S-1.1 is not required). The pressure 
relief device must be capable of preventing rupture of the normally 
filled cylinder when subjected to a fire test conducted in accordance 
with CGA C-14 (IBR, see Sec.  171.7 of this subchapter), or, in the 
case of an acetylene cylinder, CGA C-12 (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *
    (5) * * *
    (iv) A UN pressure receptacle transported in accordance with 
paragraph (k) or (l) or this section.
* * * * *
    (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.  173.313. 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 paragraphs (k) and (l) of this section, a

[[Page 33882]]

filled cylinder manufactured to other than a DOT specification or a UN 
standard in accordance with part 178 of this subchapter, or a DOT 
exemption or special permit 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 cylinders for discharge within a single port 
area. A cylinder manufactured to other than a DOT specification or UN 
standard in accordance with part 178 of this subchapter 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 cylinders for export. (1) 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, exemption or special permit, may be filled 
with a gas in the United States and offered for transportation and 
transported for export or alternatively, for use on board a vessel, if 
the following conditions are met:
    (i) The cylinder has been requalified and marked with the month and 
year of requalification in accordance with subpart C of part 180 of 
this subchapter, or has been requalified as authorized by the Associate 
Administrator;
    (ii) In addition to other requirements of this subchapter, the 
maximum filling density, service pressure, and pressure relief device 
for each cylinder conform to the requirements of this part for the gas 
involved; and
    (iii) The bill of lading or other shipping paper identifies the 
cylinder and includes the following certification: ``This cylinder has 
(These cylinders have) been qualified, as required, and filled in 
accordance with the DOT requirements for export.''
    (2) A DOT specification or a UN cylinder manufactured, inspected, 
tested and marked in accordance with part 178 of this subchapter and 
otherwise conforms to the requirements of this part for the gas 
involved, except that the cylinder is not equipped with a pressure 
relief device may be filled with a gas and offered for transportation 
and transported for export if the following conditions are met:
    (i) Each DOT specification cylinder or UN pressure receptacle must 
be plainly and durably marked ``For Export Only'';
    (ii) The shipping paper must carry the following certification: 
``This cylinder has (These cylinders have) been retested and refilled 
in accordance with the DOT requirements for export.''; and
    (iii) The emergency response information provided with the shipment 
and available from the emergency response telephone contact person must 
indicate that the pressure receptacles are not fitted with pressure 
relief devices and provide appropriate guidance for exposure to fire.
* * * * *

0
26. Section 173.301b is added to read as follows:


Sec.  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.
    (1) 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.
    (2) 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 (IBR, see Sec.  171.7 of this subchapter) and 
for non-metallic materials in ISO 11114-2 (IBR, see Sec.  171.7 of this 
subchapter).
    (3) 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).
    (4) 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.
    (b) 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.
    (c) Pressure receptacle valve requirements. (1) When the use of a 
valve is prescribed, the valve must conform to the requirements in ISO 
10297 (IBR, see Sec.  171.7 of this subchapter).
    (2) 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:
    (i) 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;
    (ii) 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;
    (iii) By protecting the valves by shrouds or guards conforming to 
the requirements in ISO 11117;
    (iv) By using valves designed and constructed with sufficient 
inherent strength to withstand damage in accordance with Annex B of ISO 
10297;
    (v) By enclosing the UN pressure receptacles in frames, e.g., 
bundles of cylinders; or
    (vi) 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.
    (d) Non-refillable UN pressure receptacles. Non-refillable UN 
pressure receptacles must conform to the following requirements:

[[Page 33883]]

    (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.
    (e) 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.
    (f) Hydrogen bearing gases. A steel UN pressure receptacle bearing 
an ``H'' mark must be used for hydrogen bearing gases or other 
embrittling gases that have the potential of causing hydrogen 
embrittlement.
    (g) Composite cylinders in underwater use. A composite cylinder 
certified to ISO-11119-2 or ISO-11119-3 may not be used for underwater 
applications unless the cylinder is manufactured in accordance with the 
requirements for underwater use and is marked ``UW'' as prescribed in 
Sec.  178.71(o)(17) of this subchapter.

0
27. In Sec.  173.302, the introductory text to paragraph (a) and 
paragraph (b)(2) and (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) * * *
    (2) Except for UN cylinders, each cylinder opening must be 
configured with straight threads only.
    (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 4.3.2, and meet the specified 
standard of cleanliness.
* * * * *

0
28. Section 173.302b is added to read as follows:


Sec.  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 Recommendations 
(IBR, see Sec.  171.7 of 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 \l/2\ of the marked test pressure.

0
29. 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).
* * * * *
    (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 must have a minimum 
test pressure of 52 bar and may be filled up to the pressure limits 
specified in ISO 3807-2. 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.

0
30. 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.
* * * * *

0
31. 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 and gas mixtures must be offered for 
transportation in UN pressure

[[Page 33884]]

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 and 
gas mixtures as specified in this section. When a liquefied compressed 
gas or gas mixture 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 referencing the numerical values 
and data in Table 2 of P200 of the UN Recommendations (IBR, see Sec.  
171.7 of this subchapter). Alternatively, the maximum allowable filling 
limits may be determined as follows:
    (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 be equal to or greater than 
the vapor pressure of the liquid at 65 [deg]C.
    (3) For high pressure liquefied gases or gas mixtures, the maximum 
filling ratio may be determined using the formulas in (3)(b) of P200 of 
the UN Recommendations.
    (4) For low pressure liquefied gases or gas mixtures, the maximum 
filling ratio may be determined using the formulas in (3)(c) of P200 of 
the UN Recommendations.
    (c) Special filling limits. Notwithstanding the numerical values 
shown in Table 2 of P200, the maximum allowable filling limits 
authorized for the following gases in UN pressure receptacles must be 
in accordance with the following table:

------------------------------------------------------------------------
 Identification                            P-200 filling    HMR filling
       No.         Proper shipping name        limit           limit
------------------------------------------------------------------------
UN1020..........  Chloropentafluoroethan            1.08            1.05
                   e or Refrigerant gas
                   R 115.
UN1048..........  Hydrogen bromide......            1.54            1.51
UN1973..........  Chlorodifluoromethane             1.05            1.01
                   and
                   chloropentafluoroetha
                   ne mixture or
                   Refrigerant gas R 502.
UN1976..........  Octafluorocyclobutane,            1.34            1.32
                   or Refrigerant gas RC
                   318.
UN1982..........  Tetrafluoromethane or             0.94            0.90
                   Refrigerant gas R 14.
UN2035..........  1,1,1-Trifluoroethane,            0.75            0.73
                   or Refrigerant gas R
                   143a.
UN2192..........  Germane...............            1.02            1.00
UN2198..........  Phosphorous                       1.34            1.25
                   Pentafluoride.
UN2424..........  Octafluoropropane or              1.09            1.04
                   Refrigerant gas R 218.
UN2599..........  Chlorotrifluoromethane      0.20, 0.66      0.17, 0.64
                   and trifuoromethane
                   azeotropic mixture or
                   Refrigerant gas R 503.
------------------------------------------------------------------------

    (d) Tetraflouroethylene, stabilized, UN1081 must be packaged in a 
pressure receptacle with a minimum test pressure of 200 bar and a 
working pressure not exceeding 5 bar.
    (e) Fertilizer ammoniating solution with free ammonia, UN1043 is 
not authorized in UN tubes or MEGCs.

0
32. 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 the MEGC's 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 
transportation of pressure receptacles filled and offered for 
transportation prior to the requalification due date.
    (5) Prior to filling and offering a MEGC for transportation, the 
MEGC's structural and service equipment must be visually inspected. 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 2.1, Division 2.2 
liquefied gases and 2.3 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.

0
33. In Sec.  173.323, the first sentence in paragraph (b)(2) is revised 
to read as follows:


Sec.  173.323  Ethylene oxide.

* * * * *
    (b) * * *
    (2) In specification cylinders or UN pressure receptacles, as 
authorized for any compressed gas except acetylene.* * *
* * * * *

0
34. 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

[[Page 33885]]

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:
* * * * *

0
35. 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. Cylinders must be equipped with a 
stainless steel valve and valve seat that will not deteriorate in 
contact with nitrogen dioxide. Each valve opening must be closed by a 
solid metal plug with tapered thread properly luted to prevent leakage. 
Transportation in DOT 3AL cylinders is authorized only by highway and 
rail.
    (b) Each UN pressure receptacle must be cleaned in accordance with 
the requirements of ISO 11621 (IBR, see Sec.  171.7 of this 
subchapter). Each DOT specification 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 4.3.2 (IBR, see Sec.  171.7 of this 
subchapter) and meet the standard of cleanliness specified therein.

0
36. Section 173.337 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). 
Transportation of nitric oxide in a DOT 3AL is cylinder is authorized 
only by highway and rail.
    (2) UN cylinder. In a UN cylinder with a minimum test pressure of 
200 bar. The maximum working pressure of the cylinder must not exceed 
50 bar. 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.
    (b) Each UN cylinder must be cleaned in accordance with the 
requirements of ISO 11621 (IBR, see Sec.  171.7 of this subchapter). 
Each DOT specification cylinder must be cleaned in compliance 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; however, any cleaning agent must not be capable of reacting with 
oxygen. One cylinder selected at random from a group of 200 or fewer 
and cleaned at the same time must be tested for oil contamination in 
accordance with Federal Specification RR-C-901D paragraph 4.3.2 and 
meet the standard of cleanliness specified therein.

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
37. The authority citation for part 178 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.


0
38. 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 marked with 
``USA'' as a country of approval 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. The 
manufacturer shall notify the Associate Administrator of any intended 
changes to the approved quality system prior to making the change. The 
Associate Administrator will evaluate the proposed change to determine 
whether the amended quality system will satisfy the requirements. The 
Associate Administrator will notify the manufacturer of the findings.
    (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.

[[Page 33886]]

    (c) Production inspection and certification. The manufacturer must 
ensure that each UN pressure receptacle is inspected and certified in 
accordance with Sec.  178.71.

0
39. Section 178.70 is added to read as follows:


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 witnessing 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, to include any additional data, such as 
suitability for underwater applications or compatibility with hydrogen 
embrittlement gases.
    (d) Modification of approved pressure receptacle design type. 
Modification of an approved UN pressure receptacle design type is not 
authorized without the approval of the Associate Administrator. A 
manufacturer seeking modification of an approved UN pressure receptacle 
design type may be required to submit design qualification test data to 
the Associate Administrator before production. 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 inspections 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 witness the required inspections and 
verifications 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 verifications.
    (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

[[Page 33887]]

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, 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.

0
40. 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.
    Bundle of cylinders. See Sec.  171.8 of this subchapter.
    Design type means a pressure receptacle design as specified by a 
particular pressure receptacle standard.
    Design type approval means an overall approval of the 
manufacturer's quality system and design type of each pressure 
receptacle to be produced within the manufacturer's facility.
    UN tube. See Sec.  171.8 of this subchapter.
    (c) General design and construction. UN pressure receptacles and 
their closures must be designed, manufactured, tested and equipped in 
accordance with the requirements contained in this section.
    (1) Following the final heat treatment, all cylinders, except those 
selected for batch testing must be subjected to a hydraulic volumetric 
expansion test.
    (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 conform to ISO 10297 (IBR, see Sec.  171.7 of this subchapter) and 
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

[[Page 33888]]

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 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 1 100 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 
1 100 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 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 1 100 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. (1) 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:
    (i) 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).
    (ii) 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).
    (iii) ISO 11119-3: Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced 
composite gas cylinders with non-load sharing metallic or non-metallic 
liners. (IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 11119-2 and ISO 11119-3 gas cylinders of composite 
construction manufactured in accordance with the requirements for 
underwater breathing applications must bear the ``UW'' mark.
    (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 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.

[[Page 33889]]

[GRAPHIC] [TIFF OMITTED] TR12JN06.000

    (2) The ISO standard, for example ISO 9809-1, used for design, 
construction and testing. Acetylene cylinders must be marked to 
indicate the porous mass and the steel shell, for example: ``ISO 3807-
2/ISO 9809-1.''
    (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 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''. The test pressure must be obtained 
from the results of a hydraulic volumetric expansion test.
    (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, proceeded 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, 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.
    (17) Stamp for underwater use of composite cylinders, if 
applicable.
    (p) Marking sequence. The marking required by paragraph (o) of this 
section must be placed in three groups as shown in the example below:
    (1) The top grouping contains manufacturing marks and must appear 
consecutively in the sequence given in paragraphs (o)(11) through (16) 
of this section.
    (2) The middle grouping contains operational marks described in 
paragraphs (o)(11) through (15) of this section.
    (3) The bottom grouping contains certification marks and must 
appear consecutively in the sequence given in paragraph (o)(1) through 
(5) of this section.

[[Page 33890]]

[GRAPHIC] [TIFF OMITTED] TR12JN06.001

    (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 
receptacle 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, because of its size, may 
substitute the marking required by this paragraph with a label. 
Reduction in marking size is authorized only as 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 stenciling 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.

0
41. 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 non-acceptance, and the nature of modifications made to the 
design type.
    (b) 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

[[Page 33891]]

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.
    (c) 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.
    (d) 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.
    (e) 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
    (3) Enclose any additional information needed to support the 
request to reconsider.
    (f) 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.
    (g) 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 
non-acceptance, 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 determines 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.

[[Page 33892]]

    (h) 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.
    (i) Imminent Danger. 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 (h)(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.

0
42. 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.
    (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 1 100 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 
1 100 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

[[Page 33893]]

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:
    (i) 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. (ii) The filling and discharge devices may be 
equipped to a manifold.
    (iii) 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.
    (iv) The main isolation valves on a MEGC must be clearly marked to 
indicate their directions of closure. All shutoff valves must close by 
a clockwise motion of the handwheel.
    (v) 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.
    (vi) 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.
    (vii) All shut-off valves must be designed and positioned to 
prevent unintentional opening.
    (viii) 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, 2003 
edition (IBR, see Sec.  171.7 of this subchapter) must be used to 
determine the relief capacity of individual pressure receptacles.
    (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

[[Page 33894]]

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. (IBR, see Sec.  
171.7 of this subchapter).
    (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 an 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) An 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 (4 g) 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 Recommendations (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] TR12JN06.002


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'' 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

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

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.


0
44. 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.

0
45. 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:
* * * * *

0
46. In Sec.  180.205, the section heading is revised to read as set 
forth below:


Sec.  180.205  General requirements for requalification of 
specification cylinders.

* * * * *

0
47. 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 pressure receptacle has been successfully requalified and 
marked in accordance with this subpart. A pressure receptacle may be 
requalified at any time during or before the month and year that the 
requalification is due. However, a pressure receptacle filled before 
the requalification becomes due

[[Page 33895]]

may remain in service until it is emptied.
    (3) No person may requalify a UN composite pressure receptacle for 
continued use beyond its 15-years authorized service life. A pressure 
receptacle with a specified service life may not be refilled and 
offered for transportation after its authorized service life has 
expired unless approval has been obtained in writing from the Associate 
Administrator.
    (b) Periodic requalification of UN pressure receptacles. (1) Each 
pressure receptacle 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 Sec.  180.215.
    (2) Each pressure receptacle 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
------------------------------------------------------------------------
   Interval (years)        UN pressure receptacles/hazardous materials
------------------------------------------------------------------------
10....................  Pressure receptacles for all hazardous materials
                         except as noted below (also for dissolved
                         acetylene, see paragraph (d)(3) of this
                         section):
5.....................  Composite pressure receptacles.
5.....................  Pressure receptacles used for:
                        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 (c) 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 or a hydraulic proof pressure 
test. The test equipment must be calibrated daily in accordance with 
Sec.  180.205(g). An alternative method (e.g. acoustic emission) may be 
performed if prior approval has been obtained in writing from the 
Associate Administrator.
    (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), 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 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).

0
48. Section 180.212 is revised 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

[[Page 33896]]

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.

0
49. In Sec.  180.213, paragraphs (a), (f)(1), and (f)(7) are revised, 
and paragraphs (c)(3) and (f)(8) are added, to read as follows:


Sec.  180.213  Requalification markings.

    (a) General. Each cylinder or UN pressure receptacle 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 in a manner 
prescribed by the cylinder manufacturer, 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.  180.209(e) and 180.209(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 examination combined with a 
visual inspection, the marking is as illustrated in paragraph (d) of 
this section, except that the ``X'' is replaced with the type of test 
performed, for example the letters ``AE'' for acoustic emission or 
``UE'' for ultrasonic examination.

0
50. 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 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 May 30, 2006, under authority 
delegated in 49 CFR part 1.
Brigham A. McCown,
Acting Administrator.
[FR Doc. 06-5182 Filed 6-9-06; 8:45 am]
BILLING CODE 4910-60-P