[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28585-28590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12083]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 180
[Docket No. PHMSA-2025-0103 (HM-268O)]
RIN 2137-AG17
Hazardous Materials: Adoption of Department of Transportation
Special Permit 14175
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: PHMSA proposes adopting the provisions of Department of
Transportation (DOT) special permit (SP) 14175 into the hazardous
materials regulations to authorize a 10-year requalification period
when using the ultrasonic examination (UE) testing method for DOT
specification 3A and 3AA used for flammable and non-flammable,
nonpoisonous gas service. The proposed adoption reflects advances in
testing technology and would relieve the burden of performing more
frequent cylinder requalification.
DATES: Comments must be received on or before September 2, 2025.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2025-0103 using any of the following methods:
[[Page 28586]]
E-Gov Web: https://www.regulations.gov. This site allows the public
to enter comments on any Federal Register notice issued by any agency.
Follow the online instructions for submitting comments.
Mail: Docket Management System: U.S. Department of Transportation,
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001.
Hand Delivery: U.S. DOT Docket Management System: West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Instructions: Please include the docket number PHMSA-2025-0103 at
the beginning of your comments. If you submit your comments by mail,
submit two copies. If you wish to receive confirmation that PHMSA
received your comments, include a self-addressed stamped postcard.
Internet users may submit comments at https://www.regulations.gov.
Note: Comments are posted without changes or edits to https://www.regulations.gov, including any personal information provided.
There is a privacy statement published on https://www.regulations.gov.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to https://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from
public disclosure. It is important that you clearly designate the
comments submitted as CBI if: your comments responsive to this document
contain commercial or financial information that is customarily treated
as private; you actually treat such information as private; and your
comment is relevant or responsive to this notice. You may ask PHMSA to
provide confidential treatment to information you give to the agency by
taking the following steps: (1) mark each page of the original document
submission containing CBI as ``Confidential''; (2) send PHMSA, along
with the original document, a second copy of the original document with
the CBI deleted; and (3) explain why the information that you are
submitting is CBI. Submissions containing CBI should be sent to Ryan
Larson, Standards and Rulemaking Division, Pipeline and Hazardous
Materials Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, or by email at
[email protected]. Any materials PHMSA receives that is not
specifically designated as CBI will be placed in the public docket.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Follow the online
instructions for accessing the docket. Alternatively, you may review
the documents in person at the street address listed above.
FOR FURTHER INFORMATION CONTACT: Ryan Larson, Transportation
Regulations Specialist, 1200 New Jersey Avenue SE, Washington, DC
20590, 202-366-8553, [email protected].
I. General Discussion
PHMSA proposes to adopt the provisions of DOT-SP 14175 into the
Hazardous Materials Regulations (HMR: 49 CFR parts 171-180) to
authorize a 10-year requalification for DOT specification 3A and 3AA
cylinder bundles used in flammable and non-flammable, nonpoisonous gas
service. Currently, the HMR generally requires requalification of DOT
Specification 3A and 3AA cylinders every five years for continued
service in accordance with Sec. 180.209. There are exceptions to the
5-year requalification period depending on the use and material
contained in the cylinder. When DOT specification cylinders are
required to be requalified, they generally must be subjected to a
pressure test, which measures the expansion of the cylinder under
pressure, and to internal and external visual inspections to check for
defects in the cylinder and ensure the cylinder is still safe for
continued service in transportation.
Section 180.209(b)(1) provides an exception to the 5-year
requalification period for DOT 3A and 3AA cylinders provided that
certain conditions are met. This exception allows these cylinders to be
retested every 10 years rather than every five years if each cylinder
has a water capacity less than 125 lb. (56.7 kg); the cylinder is
removed from any cluster, bank, group, rack, or vehicle each time it is
filled; the cylinder was manufactured after December 31, 1945; the
cylinder is used exclusively for a listed gas; the cylinder is dried
immediately after the hydrostatic (pressure) testing to remove all
traces of water; the cylinder is not used for underwater breathing; and
the cylinder is stamped with a five-pointed star to indicate the 10-
year test interval.
DOT-SP 14175 was issued to provide a similar waiver from 5-year
requalification period, except that the cylinders do not have to be
removed from any cluster, bank, group, rack, or vehicle prior to
filling. Specifically, DOT-SP 14175 allows a 10-year requalification
period using the ultrasonic examination (UE) testing method. This
special permit similarly limits the types of gases that are used in
these cylinders as well as the capacities of the cylinders as in Sec.
180.209(b)(1).
By adopting the provisions of DOT-SP 14175 to generally allow UE as
an alternative requalification method, PHMSA is providing the cylinder
industry with greater efficiencies due to faster testing (UE does not
require draining the contents of the cylinder prior to testing), less
down time (cylinders can be back in service immediately after testing
and do not require additional time for an internal inspection),
reducing the risk of contamination (no need for valve removal with UE
testing), and increased accuracy (UE testing is able to detect much
smaller flaws and wall thickness). In addition, the adoption of DOT-SP
14175 into the HMR for general use removes the paperwork burden for
periodic renewal by permit holders as well as government time spent
processing renewal requests.
In granting the special permit that allowed UE, PHMSA determined
that this cylinder requalification method is likely a superior method
of examination compared to traditional methods currently required by
the HMR. As such, PHMSA is confident an equivalent level of safety to
the HMR would be maintained if not exceeded. PHMSA conducted a review
of use of DOT-SP 14175 and determined that there were no compliance
violations or incidents associated with the use of this special permit.
Therefore, PHMSA proposes to adopt the provisions of DOT-SP 14175 into
a new Sec. 180.209(b)(2) that would authorize a 10-year
requalification period for certain DOT 3A and 3AA cylinders used for
the transportation in commerce of specified flammable and nonflammable,
non-poisonous gases. PHMSA does not expect that these proposed
revisions would have any adverse impact on safety, but rather are more
likely to be safety enhancing.
[[Page 28587]]
II. Regulatory Analysis and Notices
A. Legal Authority
This proposed rule is published under the authority of the
Secretary of Transportation set forth in the Federal Hazardous
Materials Transportation laws (49 U.S.C. 5101 et seq.) and delegated to
the PHMSA Administrator pursuant to 49 CFR 1.97.
B. Executive Orders 12866; Regulatory Planning and Review
Executive Order (E.O.) 12866 (``Regulatory Planning and
Review''),\1\ as implemented by DOT Order 2100.6B (``Policies and
Procedures for Rulemaking''), requires agencies to regulate in the
``most cost-effective manner,'' to make a ``reasoned determination that
the benefits of the intended regulation justify its costs,'' and to
develop regulations that ``impose the least burden on society.'' DOT
Order 2100.6B specifies that regulations should generally ``not be
issued unless their benefits are expected to exceed their costs.'' In
arriving at those conclusions, E.O. 12866 requires that agencies should
consider ``both quantifiable measures . . . and qualitative measures of
costs and benefits that are difficult to quantify'' and ``maximize net
benefits . . . unless a statute requires another regulatory approach.''
E.O. 12866 also requires that ``agencies should assess all costs and
benefits of available regulatory alternatives, including the
alternative of not regulating.'' DOT Order 2100.6B directs that PHMSA
and other Operating Administrations must generally choose the ``least
costly regulatory alternative that achieves the relevant objectives''
unless required by law or compelling safety need.
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\1\ 58 FR 51735 (Oct. 4, 1993).
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E.O. 12866 and DOT Order 2100.6B also require that PHMSA submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) within the Executive Office of the
President's Office of Management and Budget (OMB) for review. This
proposed rule is a not significant regulatory action pursuant to E.O.
12866; it also has not been designated as a ``major rule'' as defined
by the Congressional Review Act (5 U.S.C. 801 et seq.).
PHMSA has complied with E.O. 12866 as implemented by DOT Order
2100.6B and made a preliminary determination that this proposed rule
would result in cost savings by reducing regulatory burdens and
regulatory uncertainty for affected entities by providing for longer
cylinder requalification intervals with an alternative test method that
has proven to be more accurate and more efficient. PHMSA expects those
cost savings would also result in reduced costs for the public to whom
those entities generally transfer a portion of their compliance costs.
C. Executive Orders 14192 and 14219
This proposed rule, if finalized as proposed, is expected to be an
E.O. 14192 deregulatory action.\2\ PHMSA seeks data that would be
helpful to generate an estimate of the cost savings from this rule.
PHMSA's initial estimates are that the total costs of the rule on the
regulated community would be less than zero. Nor does this proposed
rule does implicate any of the factors identified in section 2(a) of
E.O. 14219 indicative of a regulation that is ``unlawful . . . [or]
that undermine[s] the national interest.'' \3\
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\2\ 90 FR 9065 (Jan. 31, 2025).
\3\ 90 FR 10583 (Feb. 19, 2025).
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D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156 (``Declaring a National
Energy Emergency'') \4\ a national emergency to address the United
States's inadequate energy development production, transportation,
refining, and generation capacity. Similarly, E.O. 14154 (``Unleashing
American Energy'') \5\ asserts a Federal policy to unleash American
energy by ensuing access to abundant supplies of reliable, affordable
energy from (inter alia) the removal of ``undue burden[s]'' on the
identification, development, or use of domestic energy resources such
as PHMSA-jurisdictional cylinder owners and cylinder requalifiers.
PHMSA preliminarily finds this proposed rule is consistent with each of
E.O. 14156 and E.O. 14154. The proposed rule would give affected
entities, many of whom are in the construction and energy industry,
relief from more frequent test intervals for certain DOT cylinders as
well as flexibility to use more efficient testing methods. PHMSA,
therefore, expects the regulatory amendments in this proposed rule
would in turn facilitate affected entities' ability to provide
abundant, reliable, affordable compressed gases in response to
residential, commercial, and industrial demand.
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\4\ 90 FR 8353 (Jan. 29, 2025).
\5\ 90 FR 8353 (Jan. 29, 2025).
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This proposed rule is not a ``significant energy action'' under
E.O. 13211 (``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use''),\6\ which requires Federal
agencies to prepare a Statement of Energy Effects for any ``significant
energy action.'' Because this proposed rule is not a significant action
under E.O. 12866, it would not have a significant adverse effect on
supply, distribution, or energy use; and OIRA has therefore not
designated this proposed rule as a significant energy action.
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\6\ 66 FR 28355 (May 22, 2001).
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E. Executive Order 13132: Federalism
PHMSA analyzed this proposed rule in accordance with the principles
and criteria contained in E.O. 13132 (``Federalism'') \7\ and the
Presidential Memorandum (``Preemption'') published in the Federal
Register on May 22, 2009.\8\ E.O. 13132 requires agencies to assure
meaningful and timely input by State and local officials in the
development of regulatory policies that may have ``substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' The Federal
Hazardous Materials Transportation Laws contain an express preemption
provision at 49 U.S.C. 5125(b) that preempts state, local, and tribal
requirements on certain covered subjects, unless the non-federal
requirements are ``substantively the same'' as the federal
requirements, including the following:
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\7\ 64 FR 43255 (Aug. 10, 1999).
\8\ 74 FR 24693 (May 22, 2009).
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(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material 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; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This proposed rule addresses covered subject item (5) above and
would preempt state, local, and Tribal requirements not meeting the
``substantively the same'' standard.
[[Page 28588]]
While the proposed rule may operate to preempt some State requirements,
it would not impose 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. The preemptive effect of the regulatory
amendments in this proposed rule is limited to the minimum level
necessary to achieve the objectives of the Federal Hazardous Materials
Transportation Laws. Therefore, the consultation and funding
requirements of E.O. 13132 do not apply.
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to conduct an Initial Regulatory Flexibility Analysis
(IRFA) for a proposed rule subject to notice-and-comment rulemaking
under the APA unless the agency head certifies that the proposed rule
in the rulemaking would not have a significant economic impact on a
substantial number of small entities. E.O. 13272 (``Proper
Consideration of Small Entities in Agency Rulemaking'') \9\ obliges
agencies to establish procedures promoting compliance with the
Regulatory Flexibility Act. DOT posts its implementing guidance on a
dedicated web page.\10\ This proposed rule was developed in accordance
with E.O. 13272 and DOT implementing guidance to ensure compliance with
the Regulatory Flexibility Act. The proposed rule is expected to reduce
burdens. Therefore, PHMSA certifies the proposed rule does not have a
significant impact on a substantial number of small entities.
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\9\ 67 FR 53461 (Aug. 16, 2002).
\10\ DOT, ``Rulemaking Requirements Related to Small Entities,''
https://www.transportation.gov/regulations/x rulemaking-
requirements-concerning-small-entities (last accessed Sept 3, 2024).
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G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (UMRA, 2 U.S.C. 1501 et seq.)
requires agencies to assess the effects of Federal regulatory actions
on State, local, and Tribal governments, and the private sector. For
any proposed or final rule that includes a Federal mandate that may
result in the expenditure by state, local, and Tribal governments, in
the aggregate of $100 million or more (in 1996 dollars) in any given
year, the agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the Federal mandate.
This proposed rule does not impose unfunded mandates under UMRA
because it does not result in costs of $100 million or more (in 1996
dollars) per year for either State, local, or Tribal governments, or to
the private sector.
H. National Environmental Policy Act
The National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et
seq.) requires that Federal agencies assess and consider the impact of
major Federal actions on the human and natural environment.
PHMSA analyzed this proposed rule in accordance with NEPA and has
preliminarily determined that the rulemaking would not adversely affect
safety and therefore would not significantly affect the quality of the
human and natural environment. The public is invited to comment on the
impact of the proposed action.
I. Executive Order 13175
PHMSA analyzed this proposed rule according to the principles and
criteria in E.O. 13175 (``Consultation and Coordination with Indian
Tribal Governments'') \11\ and DOT Order 5301.1A (``Department of
Transportation Tribal Consultation Policies and Procedures''). E.O.
13175 requires agencies to assure meaningful and timely input from
Tribal government representatives in the development of rules that
significantly or uniquely affect Tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship or distribution of
power between the Federal government and Tribes.
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\11\ 65 FR 67249 (Nov. 9, 2000).
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PHMSA assessed the impact of the proposed rule and determined that
it would not significantly or uniquely affect Tribal communities or
Indian Tribal governments. The rulemaking's regulatory amendments have
a broad, national scope; therefore, this proposed rule would not
significantly or uniquely affect Tribal communities, much less impose
substantial compliance costs on Native American Tribal governments or
mandate Tribal action. For these reasons, PHMSA has concluded that the
funding and consultation requirements of E.O. 13175 and DOT Order
5301.1A do not apply.
J. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR 1320.8(d) requires that PHMSA provide
interested members of the public and affected agencies with an
opportunity to comment on information collection and recordkeeping
requests. This rulemaking would not create, amend, or rescind any
existing information collections.
However, this rulemaking eliminates the need for persons to renew a
special permit, resulting in a decrease in paperwork burden for special
permit holders. PHMSA estimates the reduction in information collection
burden as follows:
OMB Control No. 2137-0051: Rulemaking, Special Permits, and
Preemption Requirements.
Decrease in Annual Number of Respondents: 30.
Decrease in Annual Responses: 30.
Decrease in Annual Burden Hours: 45.
Decrease in Annual Burden Cost: $0.
PHMSA specifically requests comments on the information collection
and recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval under this NPRM. Address
written comments to the Dockets Unit as identified in the ADDRESSES
section of this NPRM. PHMSA must receive comments regarding information
collection burdens prior to the close of the comment period identified
in the DATES section of this NPRM. Notwithstanding any other provision
of law, no person is required to respond to a collection of information
unless such collection displays a valid Office of Management and Budget
(OMB) control number.
Please direct your requests for a copy of this information
collection to Steven Andrews, Office of Hazardous Materials Standards
(PHH-12), Pipeline and Hazardous Materials Safety Administration, 1200
New Jersey Avenue SE, 2nd Floor, Washington, DC 20590-0001.
K. Executive Order 13609 and International Trade Analysis
E.O. 13609 (``Promoting International Regulatory Cooperation'')
\12\ requires agencies consider whether the impacts associated with
significant variations between domestic and international regulatory
approaches are unnecessary or may impair the ability of American
business to export and compete internationally. In meeting shared
challenges involving health, safety, labor, security, environmental,
and other issues, international regulatory cooperation can identify
approaches that are at least as protective as those
[[Page 28589]]
that are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
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\12\ 77 FR 26413 (May 4, 2012).
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Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA engages with international standards setting bodies to
protect the safety of the American public. PHMSA has assessed the
effects of the proposed rule and has determined that its regulatory
amendments would not cause unnecessary obstacles to foreign trade.
L. Cybersecurity and Executive Order 14028
E.O. 14028 (``Improving the Nation's Cybersecurity'') \13\ directed
the Federal government to improve its efforts to identify, deter, and
respond to ``persistent and increasingly sophisticated malicious cyber
campaigns.'' PHMSA has considered the effects of the proposed rule and
has determined that its regulatory amendments would not materially
affect the cybersecurity risk profile for affected entities.
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\13\ 86 FR 26633 (May 17, 2021).
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List of Subjects in 49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, PHMSA proposes to amend 49 CFR
chapter I as follows:
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
1. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
2. In Sec. 180.209:
0
a. Revise paragraph (a);
0
b. Redesignate paragraphs (b)(2) and (b)(3) as paragraphs (b)(3) and
(b)(4);
0
c. Add new paragraph (b)(2).
The revisions read as follows:
Sec. 180.209 Requirements for requalification of specification
cylinders.
(a) Periodic qualification of cylinders. Each specification
cylinder that becomes due for periodic requalification, as specified in
the following table, must be requalified and marked in conformance with
the requirements of this subpart. Requalification records must be
maintained in accordance with Sec. 180.215. Table 1 follows:
Table 1 to Paragraph (a)--Requalification of Cylinders \1\
------------------------------------------------------------------------
Specification under which Minimum test pressure Requalification
cylinder was made (psig) \2\ period (years)
------------------------------------------------------------------------
3............................. 3000 psig............. 5.
3A, 3AA....................... 5/3 times service 5, 10, or 12
pressure, except non- (see Sec.
corrosive service 180.209(b),
(see Sec. (f), (h), and
180.209(g)), or UE (j)).
\3\ \5\.
3AL........................... 5/3 times service 5 or 12 (see
pressure. Sec.
180.209(j) and
(m) \4\).
3AX, 3AAX..................... 5/3 times service 5.
pressure.
3B, 3BN....................... 2 times service 5 or 10 (see
pressure (see Sec. Sec.
180.209(g)). 180.209(f)).
3E............................ Test not required.....
3HT........................... 5/3 times service 3 (see Sec.
pressure. Sec.
180.209(k) and
180.213(c)).
3T............................ 5/3 times service 5.
pressure or UE \3\.
4AA480........................ 2 times service 5 or 10 (see
pressure (see Sec. Sec.
180.209(g)). 180.209(h)).
4B, 4BA, 4BW, 4B-240ET........ 2 times service 5, 7, 10, or 12
pressure, except non- (see Sec.
corrosive service 180.209(e),
(see Sec. (f), and (j)).
180.209(g)).
4D, 4DA, 4DS.................. 2 times service 5.
pressure.
4E............................ 2 times service 5, 10, or 12
pressure, except non- (see Sec.
corrosive service 180.209(e)).
(see Sec.
180.209(g)).
4L............................ Test not required.....
8, 8AL........................ ...................... 10 or 20 (see
Sec.
180.209(i)).
Exemption or special permit See current exemption See current
cylinder. or special permit, or exemption or
UE \3\ as allowed by special permit.
CGA C-20 (2014).
Foreign cylinder (see Sec. As marked on cylinder, 5 (see Sec.
173.301(j) of this subchapter but not less than \5/ Sec.
for restrictions on use). 3\ of any service or 180.209(l) and
working pressure 180.213(d)(2)).
marking.
------------------------------------------------------------------------
\1\ Any cylinder not exceeding two inches outside diameter and less than
two feet in length is excepted from volumetric expansion test.
\2\ For cylinders not marked with a service pressure, see Sec.
173.301a(b) of this subchapter.
\3\ Minimum test pressure is not applicable to those cylinders and tubes
requalified using ultrasonic examination (UE).
\4\ This provision does not apply to cylinders used for carbon dioxide,
fire extinguisher, or other industrial gas service.
\5\ UE must be performed by a valid RIN holder applicable to DOT 3A and
3AA cylinders.
* * * * *
(b) * * *
(2) A cylinder conforming to specification DOT 3A or 3AA with a
water capacity of 56.7 kg (125 lb.) or less that is not removed from
any cluster, bank, group, rack, or vehicle each time it is filled, may
be requalified by either hydrostatic testing and visual inspection
described in Sec. 180.205 or by ultrasonic examination (UE) testing by
a valid RIN holder for DOT 3A or 3AA cylinders every ten years instead
of every five years, provided the cylinder conforms to all of the
following conditions:
(i) The cylinder was manufactured after December 31, 1945.
(ii) The cylinder is used exclusively for air; argon; helium;
oxygen; nitrogen; neon; tertrafluoromethane (CF4);
[[Page 28590]]
hydrogen; deuterium; mixtures of hydrogen, argon, helium, oxygen, and/
or nitrogen; mixtures of argon, xenon, and/or neon; mixtures of krypton
and neon; mixtures of hydrogen, argon, helium, and/or nitrogen; and
mixtures containing deuterium, provided all gas mixtures have a dew
point at or below minus (52 [deg]F) at 1 atmosphere.
(iii) Carbon dioxide in any concentration cannot be added to
cylinders in the bundle.
(iv) Gases that are toxic and/or corrosive cannot be added to
cylinders in the bundle.
(v) If requalified by hydrostatic pressure testing, the cylinder is
dried immediately after testing to remove all traces of water.
(vi) The cylinder is not used for underwater breathing.
(vii) Each cylinder is stamped with a five-pointed star at least
one-fourth of an inch high immediately following the test date.
* * * * *
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator
[FR Doc. 2025-12083 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-60-P