[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Proposed Rules]
[Pages 48977-49022]
[FR Doc No: 2016-16689]

Vol. 81

Tuesday,

No. 143

July 26, 2016

Part III

Department of Transportation

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 Pipeline and Hazardous Materials Safety Administration

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49 CFR Parts 107, 171, 172, et al.

Hazardous Materials: Miscellaneous Amendments Pertaining to DOT-
Specification Cylinders (RRR); Proposed Rule

Federal Register / Vol. 81 , No. 143 / Tuesday, July 26, 2016 /
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

[Docket No. PHMSA-2011-0140 (HM-234)]
RIN 2137-AE80

Hazardous Materials: Miscellaneous Amendments Pertaining to DOT-
Specification Cylinders (RRR)

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration
(PHMSA) is proposing to amend the Hazardous Materials Regulations to
revise certain requirements applicable to the manufacture, use, and
requalification of DOT-specification cylinders. PHMSA is taking this
action in response to petitions for rulemaking submitted by
stakeholders and to agency review of the compressed gas cylinders
regulations. Specifically, PHMSA is proposing to incorporate by
reference or update the references to several Compressed Gas
Association publications, amend the filling requirements for compressed
and liquefied gases, expand the use of salvage cylinders, and revise
and clarify the manufacture and requalification requirements for
cylinders.

DATES: Comments must be submitted by September 26, 2016. To the extent
possible, PHMSA will consider late-filed comments as a final rule is
developed.

ADDRESSES: You may submit comments identified by the docket number
PHMSA-2011-0140 (HM-234) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number for this NPRM at the beginning of the comment. To avoid
duplication, please use only one of these four methods. All comments
received will be posted without change to the Federal Docket Management
System (FDMS), including any personal information.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES). To access and review the ASME
material proposed for incorporation by reference in this rulemaking,
please refer to the following Web site: http://go.asme.org/PHMSA-ASME-PRM. To access and review the CGA materials proposed for incorporation
by reference in this rulemaking, please refer to the following Web
site: https://www.cganet.com/customer/dot.aspx.
    Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, 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 (65 FR 19477), or you
may visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eileen Edmonson, Standards and
Rulemaking Division, and Mark Toughiry, Mechanical Engineer,
Engineering and Research Division, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC 20590, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Executive Summary
II. ANPRM Background
III. Petitions for Rulemaking and Comments Received
IV. Special Permits
V. Agency Initiated Editorial Corrections
VI. Section-by-Section Review
VII. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This NPRM
    B. Executive Order 12866, Executive Order 13563, and DOT
Regulatory Policies and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulation Identifier Number (RIN)
    H. Unfunded Mandates Reform Act of 1995
    I. Environmental Assessment
    J. Privacy Act
    K. International Trade Analysis

I. Executive Summary

    Cylinders filled with a Class 2 hazardous material (gas) and
offered for transportation must comply with various subparts of the
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). These
include 49 CFR part 173, subpart G, which sets forth the requirements
for preparing and packaging gases; 49 CFR part 178, subpart C, which
sets forth the specifications for cylinders (i.e., how they should be
constructed); and 49 CFR part 180, subpart C, which sets forth the
requirements for continued qualification, maintenance, and periodic
requalification of cylinders. Additionally, cylinders must meet other
requirements in the HMR, such as regulations that address the modal
effects on cylinders in transportation including general handling,
loading, unloading, and stowage.
    PHMSA (also ``we'' or ``us''), in response to petitions for
rulemaking submitted by stakeholders and an agency initiated review of
the regulations, is proposing changes to the HMR, including but not
limited to the following: Incorporating by reference or updating
references to several Compressed Gas Association (CGA) publications;
amending the filling requirements for compressed and liquefied gases;
expanding the use of salvage cylinders; revising and clarifying the
manufacture and requalification requirements for cylinders; and
adopting a special permit (DOT-SP 14237). This NPRM is also presenting
minor and miscellaneous regulatory editorial corrections. Further,
PHMSA is addressing the comments received from a previous Advance
Notice of Proposed Rulemaking (ANPRM; 77 FR 31551), and proposing
additional revisions that have been requested in petitions received
since the ANPRM's 2012 publication. These proposed revisions intend to
reduce regulatory burdens while maintaining or enhancing the existing
level of safety. In this NPRM, PHMSA is responding to 20 petitions for
rulemaking submitted by stakeholders.

II. ANPRM Background

    On May 29, 2012 [77 FR 31551], PHMSA published an ANPRM to obtain
public comment from those likely to be affected by the possible
incorporation of 10 petitions for rulemaking and 3 special permits into
the HMR. These include cylinder manufacturers (approximately 568
companies); cylinder requalifiers; independent

inspection agencies; commercial establishments that own and use DOT-
specification cylinders and UN pressure receptacles; and individuals
who export non-UN/ISO compressed gas cylinders. Incorporating these
petitions for rulemaking and special permits would update and expand
the use of currently authorized industry consensus standards; revise
the construction, marking, and testing requirements of DOT-4 series
cylinders; clarify the filling requirements for cylinders; discuss the
handling of cylinders used in fire suppression system; and revise the
requalification and condemnation requirements for cylinders.
    The ANPRM comment period closed on August 27, 2012. PHMSA received
comments from 13 stakeholders, including compressed gas and/or cylinder
manufacturers, cylinder testers, and trade associations representing
the compressed gas industry or shippers of hazardous materials. Most
comments either answered questions PHMSA posed in the ANPRM or
responded to multiple petitions and/or special permits. Regarding the
petitions, the comments received were mostly supporting for all but
one--P-1515. PHMSA received four comments regarding special permits,
and all supported their adoption into the HMR. A list of the
commenters, along with the related Docket ID Number, is shown in Table
1 below:

      Table 1--ANPRM Commenters and Associated Comments Docket Nos.
------------------------------------------------------------------------
             Company                           Docket ID No.
------------------------------------------------------------------------
Air Products and Chemicals, Inc..  PHMSA-2011-0140-0004
                                   PHMSA-2011-0140-0008
                                   PHMSA-2011-0140-0018
Bancroft Hinchley................  PHMSA-2011-0149-0024
Barlen and Associates, Inc.......  PHMSA-2011-0140-0019
City Carbonic, LLC...............  PHMSA-2011-0140-0029
Compressed Gas Association.......  PHMSA-2011-0140-0005
                                   PHMSA-2011-0140-0012
                                   PHMSA-2011-0140-0013
                                   PHMSA-2011-0140-0020
Council on Safe Transportation of  PHMSA-2011-0140-0026
 Hazardous Articles, Inc.
CTC Certified Training...........  PHMSA-2011-0140-0001
                                   PHMSA-2011-0140-0023
                                   PHMSA-2011-0140-0030
HMT Associates...................  PHMSA-2011-0140-0002
                                   PHMSA-2011-0140-0021
Hydro-Test Products, Inc.........  PHMSA-2011-0140-0017
Manchester Tank..................  PHMSA-2011-0140-0016
Norris Cylinder..................  PHMSA-2011-0140-0025
SodaStream USA, Inc..............  PHMSA-2011-0140-0027
Worthington Cylinder Corporation.  PHMSA-2011-0140-0028
------------------------------------------------------------------------

III. Petitions for Rulemaking and Comments Received

    Table 2 lists the petitions included in the docket for this
proceeding. This NPRM addresses 20 total petitions. Ten petitions are
associated with the ANPRM, and 10 additional petitions have been
included since its publication. This table provides the petition
number, the petitioner's name, the docket number on
www.regulations.gov, a brief summary of the petitioner's requests, the
affected sections, and whether or not we are proposing to adopt the
petition:

                                            Table 2--Petition Summary
----------------------------------------------------------------------------------------------------------------
                                                                                Proposed
   Petition No.       Petitioner            Docket No.             Summary          affected       Proposing to
                                                                                sections          adopt?
----------------------------------------------------------------------------------------------------------------
P-1499...........  Compressed Gas    PHMSA-2007-28485........  Replace the      Sec.  Sec.       Yes.
                    Association.                                incorporated     171.7; 172.102
                                                                by reference     (SP 338);
                                                                (IBR) Seventh    173.3(d)(9);
                                                                Edition of the   173.198(a);
                                                                CGA C-6          180.205(f)(1);
                                                                Standards for    180.209(c),
                                                                Visual           (b)(1)(iii),
                                                                Inspection of    (d), (f), (g),
                                                                Steel            (m);
                                                                Compressed Gas   180.211(d)(1)(
                                                                Cylinders with   ii);
                                                                the revised      180.411(b);
                                                                Tenth Edition    180.510(c).
                                                                and update the
                                                                appropriate
                                                                references
                                                                throughout the
                                                                HMR.
P-1501...........  Compressed Gas    PHMSA-2007-28759........  Revise the       Sec.  Sec.       Yes, in part.
                    Association.                                specification    178.50,
                                                                requirements     178.51,
                                                                for 4B, 4BA,     178.61, 178.68.
                                                                4BW, and 4E
                                                                cylinders to
                                                                provide
                                                                clarity.
P-1515...........  Certified         PHMSA-2008-0101.........  Adopt changes    Sec.  Sec.       Yes, except
                    Training                                    to the           180.203,         those changes
                    Company.                                    requalificatio   180.205,         not necessary
                                                                n process        180.207,         because of IBR
                                                                designed to      180.209,         of CGA C-1
                                                                clarify the      180.211,         under P-1626.
                                                                regulations in   180.212,
                                                                the event CGA    180.213,
                                                                Standard C-1,    180.215,
                                                                Methods of       appendix C to
                                                                Pressure         part 180,
                                                                Testing          appendix E to
                                                                Compressed Gas   part 180.
                                                                Cylinders, is
                                                                not
                                                                incorporated.

P-1521...........  Compressed Gas    PHMSA-2008-0152.........  Allow the use    Sec.             Yes.
                    Association.                                of labels        172.400a(a)(1)
                                                                described in     (i).
                                                                CGA C-7-2004
                                                                on a cylinder
                                                                contained in
                                                                an overpack.
P-1538...........  The Wicks Group,  PHMSA-2009-0138.........  Allow Sec.       Sec.  Sec.       No.
                    representing                                173.306(a)(1)    171.8,
                    Jetboil Inc.                                to permit        173.306(a)(1).
                                                                camping stove
                                                                cylinders
                                                                containing
                                                                liquefied
                                                                petroleum gas
                                                                in amounts
                                                                less than four
                                                                (4) ounces to
                                                                be shipped as
                                                                consumer
                                                                commodity (ORM-
                                                                D). Define
                                                                ``capacity''
                                                                in Sec.
                                                                171.8.
P-1539...........  Matheson Tri-Gas  PHMSA-2009-0140.........  Allow DOT 3A,    Sec.             No.
                                                                3AA, 3AL         180.209(a).
                                                                cylinders in
                                                                Division 2.2
                                                                Services to be
                                                                retested every
                                                                15 years.
                                                                Allow DOT 3A,
                                                                3AA, and 3AL
                                                                cylinders
                                                                packaged with
                                                                Division 2.1
                                                                materials to
                                                                be requalified
                                                                every 10
                                                                years..
P-1540...........  Compressed Gas    PHMSA-2009-0146.........  Require newly    Sec.             Yes.
                    Association.                                manufactured     178.35(f).
                                                                DOT 4B, 4BA,
                                                                4BW, and 4E
                                                                cylinders to
                                                                be marked with
                                                                the mass
                                                                weight, tare
                                                                weight, and
                                                                water capacity.
P-1546...........  GSI Training      PHMSA-2009-0250.........  Allow cylinders  Sec.             Yes.
                    Services, Inc.                              used as a        173.309(a).
                                                                component of a
                                                                fixed fire
                                                                suppression
                                                                system to be
                                                                transported
                                                                under the
                                                                exceptions
                                                                applicable to
                                                                fire
                                                                extinguishers.
P-1560...........  Air Products and  PHMSA-2010-0176.........  Modify the       Sec.             No. Addressed
                    Chemicals, Inc.                             maximum          173.304a(a)(2).  by revisions
                                                                permitted                         made under
                                                                filling                           rulemaking HM-
                                                                densities for                     233F [81 FR
                                                                carbon dioxide                    3635].
                                                                and nitrous
                                                                oxide to
                                                                include 70.3%,
                                                                73.2%, and
                                                                74.5% in DOT
                                                                3A, 3AA, 3AX,
                                                                3AAX, and 3T
                                                                cylinders.
P-1563...........  Regulatory        PHMSA-2010-0208.........  Authorize an     Sec.   173.301   Uncertain. We
                    Affairs                                     ``overpack''     (a)(9).          are asking for
                    Management                                  as a strong                       further
                    Center--3M                                  outer package                     comment.
                    Package                                     for cylinders
                    Engineering,                                listed in the
                    Global                                      section,
                    Dangerous Goods.                            except
                                                                aerosols
                                                                ``2P'' and
                                                                ``2Q,'' marked
                                                                with the
                                                                phrase ``inner
                                                                packagings
                                                                conform to the
                                                                prescribed
                                                                specifications
                                                                ''.
P-1572...........  Barlen and        PHMSA-2011-0017.........  Revise the       Sec.  Sec.       Yes, in part.
                    Associates,                                 filling ratio    173.301(g)(1)(
                    Inc.                                        for liquefied    ii) and
                                                                compressed       173.312.
                                                                gases in MEGCs
                                                                consistent
                                                                with Packing
                                                                Instruction
                                                                (P200) of the
                                                                United Nations
                                                                (UN)--Model
                                                                Regulations
                                                                (17th ed.
                                                                2011), as
                                                                specified in
                                                                Sec.
                                                                173.304b; and
                                                                prohibit
                                                                liquefied
                                                                compressed
                                                                gases in
                                                                manifolded DOT
                                                                cylinders from
                                                                exceeding the
                                                                filling
                                                                densities
                                                                specified in
                                                                Sec.
                                                                173.304a(a)(2).
P-1580...........  HMT Associates..  PHMSA-2011-0123.........  Require the      Sec.  Sec.       Yes.
                                                                burst pressure   173.301(f)(4),
                                                                of the rupture   173.302(f)(2),
                                                                disc on a        173.304(f)(2).
                                                                cylinder
                                                                ``shall not
                                                                exceed 80% of
                                                                the minimum
                                                                cylinder burst
                                                                pressure and
                                                                shall not be
                                                                less than 105%
                                                                of the
                                                                cylinder test
                                                                pressure''.
P-1582...........  Water Systems     PHMSA-2011-0135.........  Revise the       Sec.             Yes.
                    Council.                                    limited          173.306(g).
                                                                quantity
                                                                exception for
                                                                water pump
                                                                system tanks
                                                                to authorize
                                                                transport of
                                                                tanks
                                                                manufactured
                                                                to American
                                                                National
                                                                Standards
                                                                Institute's
                                                                Water Systems
                                                                Council
                                                                Standard PST-
                                                                2000-2005(2009
                                                                ).

P-1592...........  Compressed Gas    PHMSA-2012-0173.........  IBR CGA S-1.1,   Sec.  Sec.       Yes.
                    Association.                                2011 Pressure    173.301(c),
                                                                Relief Device    (f) and (g),
                                                                Standards,       173.304a(e),
                                                                Part 1,          178.75(f).
                                                                Cylinder for
                                                                Compressed
                                                                Gas,
                                                                Fourteenth
                                                                Edition.
P-1596...........  Chemically        PHMSA-2012-0200.........  Add Class 4 and  Sec.             Yes.
                    Speaking, LLC.                              Class 5          173.3(d)(2).
                                                                hazardous
                                                                materials to
                                                                the hazard
                                                                classes in an
                                                                authorized
                                                                salvage
                                                                cylinders.
P-1622...........  Worthington       PHMSA-2013-0210.........  Restrict the     Sec.  Sec.       Yes.
                    Cylinders                                   internal         173.304a and
                    Corporation.                                volume of        173.304a(a)(3).
                                                                hazardous
                                                                materials
                                                                shipped in a
                                                                DOT-
                                                                specification
                                                                39 cylinder to
                                                                not exceed 75
                                                                cubic inches.
P-1626...........  Compressed Gas    PHMSA-2013-0265.........  IBR CGA C-1-     Sec.  Sec.       Yes.
                    Association.                                2009, Methods    171.7, 178.36,
                                                                for Pressure     178.37,
                                                                Testing          178.38,
                                                                Compressed Gas   178.39,
                                                                Cylinders,       178.42,
                                                                Tenth Edition    178.44,
                                                                (C-1, 2009) as   178.45,
                                                                a reference in   178.46,
                                                                49 CFR, and      178.47,
                                                                provide for      178.50,
                                                                specific         178.51,
                                                                language for     178.53,
                                                                sections         178.55,
                                                                affected.        178.56,
                                                                                178.57,
                                                                                178.58,
                                                                                178.59,
                                                                                178.60,
                                                                                178.61,
                                                                                178.65,
                                                                                178.68,
                                                                                180.205,
                                                                                180.209.
P-1628...........  Compressed Gas    PHMSA-2013-0278.........  IBR CGA C-3-     Sec.  Sec.       Yes.
                    Association.                                2005,            171.7, 178.47,
                                                                Reaffirmed       178.50,
                                                                2011,            178.51,
                                                                Standards for    178.53,
                                                                Welding on       178.55,
                                                                Thin-Walled,     178.56,
                                                                Steel            178.57,
                                                                Cylinders,       178.58,
                                                                Seventh          178.59,
                                                                Edition.         178.60,
                                                                                178.61,
                                                                                178.65,
                                                                                178.68,
                                                                                180.211.
P-1629...........  Compressed Gas    PHMSA-2014-0012.........  IBR CGA C-14-    Sec.  Sec.       Yes.
                    Association.                                2005,            171.7,
                                                                Reaffirmed       173.301,
                                                                2010,            173.323.
                                                                Procedures for
                                                                Fire Testing
                                                                of DOT
                                                                Cylinder
                                                                Pressure
                                                                Relief Device
                                                                Systems,
                                                                Fourth
                                                                Edition, as a
                                                                reference in
                                                                49 CFR.
P-1630...........  Compressed Gas    PHMSA-2014-0027.........  Add the term     Sec.  Sec.       Yes.
                    Association.                                ``recondition'   180.203,
                                                                ' for DOT-4L     180.211(c),
                                                                welded           and 180.211(e).
                                                                insulated
                                                                cylinders and
                                                                revise
                                                                language to
                                                                clarify when a
                                                                hydrostatic
                                                                test must be
                                                                performed on
                                                                the inner
                                                                containment
                                                                vessel after
                                                                the DOT-4L
                                                                welded
                                                                insulated
                                                                cylinder has
                                                                undergone
                                                                repair.
----------------------------------------------------------------------------------------------------------------

P-1499

    The CGA submitted P-1499 requesting that PHMSA replace the
currently incorporated by reference C-6 Standards for Visual Inspection
of Steel Compressed Gas Cylinders, Seventh Edition with the revised
Tenth Edition and update the appropriate references throughout the HMR.
The Tenth Edition provides enhanced guidance for cylinder
requalifiers--including guidance on the inspection of Multiple-Element
Gas Containers (MEGCs) and the requirements for thread inspection for
cylinders used in corrosive gas service--and clarifies maximum
allowable depths and measuring techniques for various types of
corrosion.
    PHMSA identified approximately 5,000 companies that would be
subject to this standard, with the majority being classified as small
businesses using the Small Business Administration (SBA) size standards
(<500 employees). This revision would impose a one-time cost of between
$78 and $142 per document depending on the document format (electronic
or hard copy) and the purchaser's CGA membership.
    Air Products and Chemicals, City Carbonic, CGA, Hydro-Test
Products, and Worthington Cylinders support the proposal as discussed
in the May 29, 2012 ANPRM. No commenters objected to the proposal.
    PHMSA agrees that the Tenth Edition provides improved and updated
guidance on inspecting MEGCs. While there were no comments opposed to
the incorporation, subsequent to the submission of this petition, a
more current updated version of CGA C-6 has been made available (i.e.,
an eleventh edition). Therefore, in this NPRM, PHMSA is proposing to
update the IBR of CGA C-6 to the 2013 Eleventh Edition. We invite
comment on this course of action.

P-1501

    The CGA submitted P-1501 requesting that PHMSA revise the
manufacturing requirements for DOT 4B, 4BA, 4BW, and 4E cylinders.
According to the petition, the current DOT-4 series welded cylinder
manufacturing requirements are unclear in some respects and result in
varied interpretation by manufacturers and enforcement personnel. The
CGA states that although the proposed changes do not present a
significant economic impact to any single manufacturer or user, they
will enhance regulatory clarity, promote consistent manufacturing
practices, and create greater uniformity between the specifications for
DOT-4 series cylinders and the requirements for welded cylinders found
in International Organization for Standardization (ISO) Standard 4706-
1, Gas cylinders--Refillable welded steel cylinders--Part 1: Test
pressure 60 bar and below, which is referenced in the UN Model
Regulations.

    Summary of the changes proposed by P-1501 and the comments received
are detailed below:
    (1) Revise the requirements for DOT-specification 4B, 4BA, 4BW, and
4E cylinders in Sec. Sec.  178.50(b), 178.51(b), 178.61(b), and
178.68(b), respectively, to ensure material compositions and the heat
treatment are within the specified tolerances and are of uniform
quality as follows: (1) Require a record of intentionally-added
alloying elements, and (2) require materials manufactured outside of
the United States to have a ladle analysis confirmed by a check
analysis.
    Norris Cylinder sought clarification on the requirement to report
intentionally added alloying elements. Specifically, Norris Cylinder
inquired if PHMSA would require the manufacturer to maintain documents
other than the mill certificate and the DOT Test Report.
    PHMSA has decided that the proposed revisions to Sec. Sec.
178.50(b), 178.51(b), 178.61(b), and 178.68(b) with respect to proposed
measure (2) above is not necessary based on the required duties of
inspectors in Sec.  178.35(c)(2) to verify the material of construction
meets the requirements of the applicable specification by (1) making a
chemical analysis of each heat of material; (2) obtaining a certified
chemical analysis from the material manufacturer for each heat of
material (a ladle analysis is acceptable); or (3) if an analysis is not
provided for each heat of material by the material manufacturer, by
making a check analysis of a sample from each coil, sheet, or tube.
However, we do believe a record of intentionally added alloying
elements will be useful for ensuring material compositions are within
the specified tolerances. As pointed out by Norris cylinder, the
regulatory text proposed by CGA does not specify who must maintain the
document. In this NPRM, we specify that the cylinder manufacturer must
maintain the record of intentionally added alloying elements. Further,
we are not proposing to require a check analysis to confirm the ladle
analysis for materials manufactured outside of the United States
because we believe this is already addressed by requiring domestic
performance of required check analyses under Sec.  178.35(b) of the
HMR. We invite comment on this course of action.
    (2) Revise the pressure tests for DOT-specification 4B, 4BA, 4BW,
and 4E cylinders in Sec. Sec.  178.50(i), 178.51(i), 178.61(i), and
178.68(h), respectively, to permit use of the volumetric expansion
test, a hydrostatic proof pressure test or a pneumatic proof pressure
test.
    Hydro-Test Products and Manchester Tank expressed concern that
PHMSA would allow a pneumatic pressure test. Because the potential
release of energy in the event of a cylinder rupture during a pneumatic
test is much greater than that released if a cylinder ruptured during a
hydrostatic test, the commenters state that the person conducting the
test must take additional precautions to safeguard against injury, such
as erecting a safety barrier to protect personnel. Worthington
Cylinders noted that it had extensive experience conducting proof
pressure tests with gas but further stated that each company's safety
considerations of the testing equipment will be different.
    Given the added risk associated with pneumatic testing and the fact
that there are suitable alternatives to determine the leakproofness of
a cylinder at the time of manufacture, PHMSA is not proposing to permit
the use of pneumatic proof pressure testing in this NPRM.
    (3) Revise the physical and flattening tests and retest criteria
for DOT-specification 4B, 4BA, 4BW, and 4E cylinders in Sec. Sec.
178.50, 178.51, 178.61, and 178.68, respectively, for consistency.
These revisions would clarify the location on the cylinder from which
the test specimens are removed.
    Manchester Tank requested that the specific proposed wording, or
more detailed information, be made available for comment. Readers may
review the specific changes to these sections at the end of this
document.
    (4) Revise Sec. Sec.  178.50(n), 178.51(n), and 178.61(o), and
178.68, respectively, for DOT-specification 4B, 4BA, 4BW, and 4E
cylinders to permit marking on the footring for cylinders with water
capacities up to 30 pounds, instead of 25 pounds.
    Manchester Tank and Worthington Cylinders support the CGA proposal
that would allow markings to be applied to the footring on cylinders up
to 30-pounds water capacity, instead of the current capacity limit of
25 pounds. The commenters state that this revision would not impose any
cost and would expand upon existing options. In this NPRM, PHMSA is
proposing this revision as stated in the petition.
    (5) Add requirements for the location of markings on DOT 4E
cylinders in Sec.  178.68.
    Manchester Tank and Worthington Cylinders support the proposed
modification to permit marking of the valve protection collar of DOT 4E
cylinders. In this NPRM, PHMSA is proposing the revision as stated in
the petition.

P-1515

    The Certified Training Company (CTC) submitted P-1515 requesting
that PHMSA make numerous revisions to the requirements for the
requalification of DOT-specification cylinders found in 49 CFR part
180, subpart C. These requirements include definitions for terms used
in the subpart, references to CGA publications for the visual
inspection of cylinders, and requirements for hydrostatically testing
cylinders including methods to ensure the accuracy of test equipment.
The CTC states that the current requirements create confusion for
requalifiers and enforcement officials. In the ANPRM, PHMSA requested
comments on two possible methods of responding to this petition. The
first, as was suggested by CTC in P-1515, was to modify the specific
HMR provisions in Sec. Sec.  180.203 through 180.215 for
requalification of cylinders. The second was to IBR into Sec.  180.205
CGA C-1, Methods for Pressure Testing Compressed Gas Cylinders, Tenth
Edition (2009), which contains most of the provisions and additions
specified in P-1515, including revisions to definitions in Sec.
180.203, appropriate procedures for conducting the hydraulic pressure
tests, and marking and recordkeeping requirements.
    PHMSA identified 980 entities that conduct hydrostatic retesting.
Incorporation of CGA C-1 would impose a one-time cost of between $102
and $186 per document depending on the document format (electronic or
hard copy) and the purchaser's CGA membership.
    We received eight comments on this petition. Air Products and
Chemicals, CGA, Bancroft Hinchley, and Worthington Cylinders support
adoption of the CGA C-1 standard. Conversely, Hydro-Test Products
stated that the proposals in P-1515 and the CGA C-1 impose stricter
requirements on accuracy, pressure drop, and verification, therefore
imposing an unnecessary burden on the industry. SodaStream requested
PHMSA modify the appropriate sections of 49 CFR part 180, subpart C,
instead, as adoption of CGA C-1 would limit their ability to conduct
volumetric expansion tests and would result in a need to obtain a
special permit.
    As indicated by Worthington Cylinders, several commenters stated
similar concerns to those shared regarding the option to IBR CGA C-1,
with Worthington Cylinders further stating that CGA C-1 ``represents
the best testing practices for the industry.'' Moreover, as indicated
by CGA, the

changes proposed in P-1515 would not resolve the confusion of
requalifiers and enforcement officials that the petition seeks to
address. For these reasons, in this NPRM, PHMSA is proposing to IBR CGA
C-1, Methods for Pressure Testing Compressed Gas Cylinders, at Sec.
171.7 and into Sec.  180.205 and numerous other sections (see
discussion of Petition P-1626). However, subsequent to the submission
of this petition, an eleventh edition of CGA C-1 has been made
available. Therefore, in this NPRM, PHMSA is proposing to update the
IBR of CGA C-1 to the 2016 Eleventh Edition. We invite comment on this
course of action.
    The CTC further requests that PHMSA correct and reissue two letters
of interpretation (Reference Nos. 00-0309 and 05-0087), as well as
provide formal interpretation on six additional issues identified in
its petition. PHMSA invites public comment on the questions,
recommendations, and proposed responses detailed below:
(1) Existing Clarification Letter Reference No. 00-0309
    On March 15, 2001, PHMSA responded to an inquiry from Vallen
Technical Services (VTS) pertaining to the pressure retest of DOT-
specification cylinders (Reference No. 00-0309). Citing that former
Sec.  173.34(e)(4)(v)--currently Sec.  180.205(g)(5)--states, ``In the
case of a malfunction of the test equipment, the test may be repeated
at a pressure increased by 10 percent or 100 [pounds per square inch]
psi, whichever is less,'' VTS stated its understanding that only one
repeat test is permitted. PHMSA responded with the following: ``Your
understanding of this requirement is correct. Section 173.34(e)(4)(v)
permits only one repeat test in the case of a malfunction of the test
equipment. With regards to your reference to the Compressed Gas
Association (CGA) pamphlet C-1, currently the HMR do not incorporate
the pamphlet by reference. However, we proposed in a notice of proposed
rulemaking to reference certain pressure test procedures contained in
the CGA pamphlet. (Docket No. HM-98-3684 (HM-220); October 30, 1998).''
    The CTC states that Sec.  180.205(g)(5) ``permits only one repeated
test'' and further posits that this letter's response directly
contradicts language PHMSA previously issued in a final rule [Docket
No. HM-220A (61 FR 26750); February 28, 1996)] that states: ``A
commenter specifically asks how many repeated tests are allowed before
condemning the cylinder, and the response is that the cylinder is to be
condemned when it exceeds its permanent expansion limit. It even
specifies, `. . . Thus when this limit [Perm. Expan.] is exceeded . .
.' [i.e., no limit to the number of repeats is given, even when the
specific question was asked.]''
    Although the CTC states it favors limiting the number of repeat
tests of this type, it believes PHMSA's statement on this matter in
Reference No. 00-0309 ``constitutes a rulechange, not an
interpretation.'' The CTC believes requiring only one repeat test ``may
be overly restrictive in some cases, such as small aircraft cylinders,
and certain composite cylinders,'' and suggests allowing two repeated
tests, as permitted in special permits DOT-SPs 10915, 10945, and 11194,
would be ``more in line with current industry procedure.''
    On August 8, 2002, PHMSA's predecessor agency, the Research and
Special Programs Administration, issued a final rule under Docket No.
HM-220D that consolidated the requirements for qualification, use, and
maintenance of cylinders in 49 CFR part 180, subpart C. As a result,
the regulatory sections referred to in Reference No. 00-0309 are no
longer correct. Further, not all the requirements previously codified
in Sec.  173.34 have parallel requirements in 49 CFR [art 180, subpart
C. See Sec.  180.205(g)(5) for additional information. However, PHMSA
agrees with the CTC that the language in Reference No. 00-0309 may be
misleading and believes the IBR of CGA C-1 into Sec.  180.205 will
resolve any issue the CTC may have with this letter of interpretation.
We invite comment on this conclusion. PHMSA also plans to retract
Reference No. 00-0309.

(2) Existing Clarification Letter Reference No. 05-0087

    On May 10, 2005, PHMSA responded to an inquiry from G&C Kinney,
Inc., concerning calibration verification of equipment used for
volumetric expansion tests for DOT-specification cylinders (Reference
No. 05-0087). The company asked whether the maximum pressure at which
the verification test is being conducted (for example, 3,000 pounds)
must be maintained at the final pressure for 30 seconds or whether the
pressure may be allowed to drop between 2 psi and 10 psi. PHMSA
responded by stating, ``Overall, for any pressure test (calibration or
production retest), the 30-second hold time begins only when the
cylinder has completed its expansion. If the cylinder pressure drops by
any measurable amount (such as 2 psi) during the recorded 30-second
hold time, the hold time must be restarted, or the test would be
considered invalid.''
    The CTC requests that PHMSA retract its Reference No. 05-0087
response because it contradicts regulatory text found in Sec.
180.205(g)(2), (g)(3)(i), and (g)(5); DOT-SPs 10915 and 10945;
standards in CGA C-1, Seventh Edition (1996); and some manuals of
manufacturers of hydrostatic test equipment. Specifically, the CTC
states the following:

    Paragraph 180.205(g)(5) states, ``Minimum test pressure must be
maintained for at least 30 seconds, and as long as necessary for
complete expansion of the cylinder.'' [Emphasis added.] This
statement tells us that the cylinder may be expanding during the 30
second hold time, and if the cylinder is still expanding at the end
of the 30 seconds, we must hold even longer than the minimum 30
seconds. As the cylinder expands, its volume increases, and pressure
will drop. Therefore, the statement ``as long as necessary for
complete expansion of the cylinder'' is equivalent to saying ``until
the pressure ceases to drop''. The regulations state that this may
occur during the 30 second hold time; the regulations do not specify
the hold time begins after the cylinder has completed its expansion.
Therefore, this ``interpretation'' directly contradicts Sec.
180.205(g)(5), and constitutes a rule change.
    Paragraph 180.205(g)(2) states, ``[t]he pressure indicating
device of the testing apparatus must permit reading of pressures to
within 1% of the minimum prescribed test pressure of each cylinder
tested.'' Paragraph 180.205(g)(3)(i) states, ``[t]he pressure-
indicating device, as part of the retest apparatus, is accurate
within 1.0% of the prescribed test pressure of any
cylinder tested that day.'' This interpretation attempts to declare
a test invalid due to a 2 psi drop in pressure at 3000 psi. The
pressure indicating device has already been defined as having a 1%
resolution and 1% accuracy. According to the definition
of the device, it can deviate by 30 psi at 3000 psi (30
psi = 1% of 3000 psi). This interpretation violates the definition
of the device as stated in these two paragraphs.
    Furthermore, many special permits, such as DOT-SP 10915 and
10945, recognize that different materials (such as the carbon-fiber
wrapped, aluminum lined cylinders referenced in these special
permits) take even longer than 30 seconds to completely deform under
the load of test pressure, and therefore require a hold time of 60
seconds. According to this interpretation, these special permits
would require a hold time of 60 seconds (or longer), until the
cylinder completed its expansion, and then an additional 60 seconds
of hold time, wherein the pressure could not drop by even 2 psi.
This, obviously, is not the intention of these special permits when
they state, ``. . . for a minimum test time of one minute.''
    Industry standard CGA C-1, Seventh Edition 1996, ``Methods for
Hydrostatic Testing of Compressed Gas Cylinders,'' in paragraph
4.4(g) states, ``[w]hen the desired

value is reached, stop the pressurization and hold for 30 seconds.''
And, ``[t]he expansion and pressure should remain stable during the
entire 30 seconds. If either the pressure or expansion do not
stabilize within 1%, see 4.5 [Troubleshooting].'' Thus,
the 30-second hold begins when the pump stops, and deviation during
the hold time is allowed up to the defined accuracy of the device,
that is, 1% of the test pressure, and 1% of
the total expansion.
    Manufacturers of hydrostatic test equipment specify in their
manuals and the software controlling automated equipment that the
30-second hold time begins when the test pressure is reached and the
pump is turned off.

    The CTC further states: ``This interpretation declares virtually
every test performed on cylinders in the past century to be invalid,
since every cylinder tested (as well as the hoses on the machine) will
continue to expand after the pump is stopped. Therefore the pressure
will drop. The only issue is whether or not the device is capable of
detecting such a minute drop in pressure.'' The CTC believes this
interpretation is based on two misunderstandings:
    1. Closed loop hydraulics vs. open system. In a closed loop
hydraulic system (such as the controls on an aircraft), any drop in
pressure is unacceptable. This does not apply to an open system where
the pressure will drop (e.g., a cylinder expanding during a test).
    2. Higher precision digital devices vs. analog devices. There has
always been a slight drop in pressure during the hold time. On an
analog device, it was not visible. It is now visible on a digital
device, but that does not simply invalidate the test.
    PHMSA agrees with the CTC that the language in Reference No. 05-
0087 is misleading and believes the IBR of CGA C-1 into Sec.  180.205,
in conjunction with additional changes to the regulations proposed
consistent with petition P-1626, will resolve any issue the CTC may
have with this letter of interpretation. We invite comment on this
conclusion. PHMSA also plans to retract Reference No. 05-0087.

P-1521

    The CGA submitted P-1521 requesting that PHMSA modify the provision
in Sec.  172.400a(a)(1)(i) to remove the limitation that only allows
the use of the neckring markings if a cylinder is not overpacked. The
petition would still require the overpack to display the labels in
conformance with 49 CFR part 172, subpart E.
    The HMR permit the use of a neckring marking, under certain
conditions, in conformance with the CGA C-7, Guide to Preparation of
Precautionary Labeling and Marking of Compressed Gas Containers,
Appendix A, Eighth Edition (2004) under Sec.  172.400a. This neckring
marking identifies the contents of a cylinder by displaying the proper
shipping name, the UN identification number, and the hazard class or
division label within a single marking. Section 172.400a(a)(1) permits
the use of this marking in lieu of required labels on a Dewar flask
meeting the requirements in Sec.  173.320 or a cylinder containing
Division 2.1, 2.2, and 2.3 material that is not overpacked. This
requirement should provide flexibility in hazard communication for
cylinders, especially small cylinders.
    The marking prescribed in appendix A to CGA C-7 provides useful
information in a clear and consistent manner, and its widespread use on
cylinders has enhanced its recognition. CGA's proposed change would
provide greater flexibility for shipments of overpacked cylinders while
ensuring adequate hazard communication. If cylinders are contained in
an overpack, the overpack must display the appropriate markings and
labels.
    PHMSA identified approximately 86 entities engaged in Industrial
Gas Manufacturing, of which 74 are classed as small entities (<500
employees). Other potentially impacted entities include wholesalers of
medical equipment, service establishment equipment and supplies, and
other miscellaneous durable goods. In the ANPRM, PHMSA asked for
comments on the potential implications of this change, specifically
regarding its necessity and the potential safety and economic impacts.
PHMSA also sought data concerning the breadth of shipments to be
impacted by the proposal. PHMSA received no responses to these
questions from commenters to the ANPRM.
    Both Air Products and Chemicals and Worthington Cylinders support
CGA's petition to revise Sec.  172.400a(a)(1)(i). Therefore, in this
NPRM, PHMSA is proposing to revise Sec.  172.400a(a)(1)(i) to remove
the limitation that would only allow the use of the neckring markings
if the cylinders are not overpacked, as proposed in P-1521. The
petition would still require the overpack to display the required
labels in conformance with 49 CFR part 172, subpart E.

P-1538

    On behalf of Jetboil, Inc., The Wicks Group submitted P-1538
requesting that PHMSA revise Sec.  173.306(a)(1) to permit camping
stove cylinders containing liquefied petroleum gas (LPG) in amounts
less than 4 ounces but in a container exceeding 4 fluid ounce capacity
to be shipped as consumer commodity (ORM-D). Section 173.306 prescribes
requirements for transporting compressed gases as a limited quantity
and a consumer commodity. Paragraph (a)(1) of Sec.  173.306 requires a
container of only compressed gas to be limited to a capacity of 4 fluid
ounces or less except cigarette lighters, which are required to meet
rigorous performance design standards and packaging requirements
prescribed in Sec.  173.308. The Wicks Group states if more than 4
fluid ounces of the liquefied portion of the gas were enclosed in the
cylinder, ``there would be insufficient space remaining for the gaseous
portion of the liquefied gas, as required by [Sec. Sec.  173.304(b) and
173.304a(d)(1)]. In other words, [Sec. Sec.  173.304(b) and
173.304a(d)(1)] together limit the percentage of space [emphasis added]
that the liquefied portion of a liquefied gas may take up in a
cylinder. Thus, since the canisters at issue here could not safely or
legally hold more than four (4) fluid ounces of LPG while complying
with the HMR filling limits and filling density requirements, they can
reasonably be said to have a capacity of four (4) fluid ounces.'' The
petitioner included a certificate from the manufacturer of the
``Jetpower'' 100G canister of cooking fuel, Taeyang Ind., Co., LTD, of
Seoul, Korea, certifying ``that the capacity of the 100G canister is
less than 4 oz. because the capacity of the canister should be measured
by the amount of liquefied gas contents in a fluid condition that it
can hold, still leaving room for the portion in a gas condition. The
100G canisters must have less than 4 oz. of liquefied gas to meet that
requirement. The capacity of the 100G canisters `Jetpower' should be
considered less than 4 ounces. These canisters are safe for
transportation as ORM-D.\1\ We are unaware of any problems occurring
with these canisters in transportation.'' PHMSA seeks public comment on
the safety issues associated with this proposal, especially those
regarding the safe performance of containers of this type in
transportation.
---------------------------------------------------------------------------

    \1\ Note that the ORM-D class will be completely phased out for
all modes of transportation by December 31, 2020.
---------------------------------------------------------------------------

    The Wicks Group further states on behalf of Jetboil, Inc., that ``.
. . 49 CFR 173.306(a)(1) is ambiguous as currently drafted. In brief,
the HMR do not define the term capacity, but do define the term
`maximum capacity,' at 49 CFR 171.8, as meaning `the maximum inner
volume of receptacles or packagings.' If PHMSA interprets `capacity' as
meaning the total volume of the container, then

the word `maximum' would be rendered meaningless. This violates the
long-established rule of statutory and regulatory interpretation that
courts must give effect to every clause and word of a legal text
whenever possible. Indeed, the omission of a word in one section of a
text can be telling where that word issued in another section of the
same act or regulation.'' In addition, the petitioner states providing
industry an opportunity to comment on this issue in a rulemaking will
give them the chance ``to explain why these containers present a
reduced safety risk, and to demonstrate that there have been no
transportation safety incidents involving these containers.''
    PHMSA has limited the amount of compressed gas in limited quantity
packagings to reduce the opportunity and speed of the gaseous product's
reaction to an activating event, having found that including non-
gaseous materials in the same container with the gas--such as
foodstuffs, soap, etc.--slowed this reaction. The petitioner requested
that PHMSA define the word ``capacity'' in the HMR to add meaning to
the maximum capacity definition in Sec.  171.8. The Interstate Commerce
Commission first adopted the provision for Sec.  173.306(a)(1)
(previously Sec.  73.306(a)(1)) in a final rule published July 1, 1966
(31 FR 9067). The provision provided an ``exemption'' (i.e., an
exception) from regulations for shipping of compressed gases ``when in
containers of not more than 4 fluid ounce water capacity.'' Thus,
historically, the provision applies to the capacity of the container
and not to the quantity of its contents. This is consistent with design
requirements for the capacity of packagings found in part 178 that
includes a specification for the water capacity of the packaging (e.g.,
Specification 3A and 3AX seamless steel cylinders in Sec.  178.36);
however, the publication of a final rule on April 15, 1976 (41 FR
15972) inadvertently dropped the term ``water'' from paragraph (a)(1)
regardless of there having been no express discussion of the intent to
do so or to change the size standard from the originally adopted water
capacity to the quantity of the contents.
    Furthermore, the definition ``maximum capacity'' was introduced as
part of a harmonization effort with international regulations and
standards in a final rule published December 21, 1990 (55 FR 52402) for
consistency with use of terminology internationally for UN performance
oriented packaging. See the part 178, subpart L non-bulk performance
oriented packaging sections. Therefore, based on the historical context
of capacity as its use in Sec.  173.306(a)(1) to mean water capacity
and the adoption of the term ``maximum capacity'' in association with
the adoption of UN performance-oriented packaging, we are not proposing
to amend Sec.  173.306(a)(1) to accommodate this petition for
rulemaking.

P-1539

    Matheson-TriGas submitted P-1539 requesting that PHMSA revise Sec.
180.209, which prescribes requirements for requalifying cylinders.
Paragraph (a) of Sec.  180.209 requires each DOT-specification cylinder
listed in ``table 1 of this paragraph'' to be requalified and marked in
conformance with requirements specified in Sec.  180.209. The
petitioner requests that PHMSA extend the 10-year retest period
prescribed in this table for DOT 3A, 3AA, and 3AL specification
cylinders in Division 2.2 (non-flammable) gas service to once every 15
years. Matheson-TriGas also requests in its petition that PHMSA extend
the 5-year retest period prescribed in this table for DOT 3A, 3AA, and
3AL specification cylinders in Division 2.1 (flammable) gas service to
once every 10 years. The petitioner states: ``Historically over 99.4%
of cylinders in the above[-mentioned] services that were [subjected] to
the water jacket test pass the test,'' and ``it is more likely . . .
the cylinder failed the external or internal visual [test] rather than
failing the water jacket test.''
    Matheson-TriGas notes PHMSA's statement from an earlier rulemaking
regarding the history of the plus rating for steel cylinders resulting
from the steel shortage of World War II, which resulted in changes
``that benefitted the industry with no compromise of public safety down
to this day.'' Matheson-TriGas extrapolates that we face similar metal
shortage challenges in today's economy.
    Upon further consideration of this petition based on our concern of
increasing the risk of cylinder failure by lengthening the timeframe
between periodic qualifications, PHMSA is electing not to propose to
revise the 10-year requalification period for DOT 3A, 3AA, and 3AL
specification cylinders in Division 2.2 (non-flammable) gas service to
once every 15 years, nor to revise the 5-year requalification period
for DOT 3A, 3AA, and 3AL specification cylinders in Division 2.1
(flammable) gas service to once every 10 years. We invite comment on
this decision and request detailed information in support or opposition
to this decision.

P-1540

    The CGA submitted P-1540 requesting that PHMSA require newly
manufactured DOT 4B, 4BA, 4BW, and 4E cylinders to be marked with the
mass weight, tare weight, and water capacity. As specified in Sec.
178.35(f), the HMR require DOT-specification cylinders to be
permanently marked with specific information including the DOT-
specification, the service pressure, a serial number, an inspector's
mark, and the date manufacturing tests were completed. These marks
provide vital information to fillers and uniquely identify the
cylinder.
    Certain DOT 4-series specification cylinders contain liquefied
gases filled by weight, so the tare weight (i.e., the weight of the
empty cylinder and appurtenances) or the mass weight (i.e., the weight
of the empty cylinder), and the water capacity must be known by the
filler to properly fill the cylinder. This information is essential for
cylinders filled by weight, as cylinders overfilled with a liquefied
gas can become liquid full as the ambient temperature increases. If
temperatures continue to rise, pressure in the overfilled cylinder will
rise disproportionately, potentially leading to leakage or a violent
rupture of the cylinder after only a small rise in temperature. Despite
these risks, the HMR do not require tare weight, mass weight, or water
capacity markings on DOT-specification cylinders.
    To address this, the CGA petitioned PHMSA to require tare weight or
mass weight, and water capacity to be marked on newly constructed DOT
4B, 4BA, 4BW, and 4E specification cylinders. The petition also
requests that PHMSA provide guidance on the accuracy of these markings
and define the party responsible for applying them. In its petition,
CGA notes that PHMSA IBRs the National Fire Protection Association's
58-Liquefied Petroleum Gas Code (NFPA 58), which requires cylinders
used for liquefied petroleum gases to be marked with the tare weight
and water capacity; \2\ however, as stated in the petition, NFPA 58
gives no guidance as to the accuracy of these markings or the party
required to provide them. The CGA states that this lack of guidance can
lead to the overfilling of a cylinder and the potential for unsafe
conditions.
---------------------------------------------------------------------------

    \2\ Note that IBR of NFPA 58 is not for marking purposes but for
purposes of equipping storage tanks containing LPG or propane with
safety devices. See Sec.  173.315(j).
---------------------------------------------------------------------------

    While DOT 4B, 4BA, 4BW, and 4E cylinders are often used to
transport liquefied compressed gas, we noted in

the ANPRM that these are not the only cylinder types used for liquefied
compressed gas transport. For that reason, in the ANPRM, PHMSA asked
for comment regarding the potential revision of Sec.  178.35 to require
all DOT-specification cylinders suitable for the transport of liquefied
gases to be marked with the cylinder's tare weight or water capacity.
PHMSA understands that many in the compressed gas industry, especially
the liquefied petroleum gas industry, already request manufacturers
mark cylinders with this additional information as an added safety
measure. Based on this assumption, PHMSA estimates the impact on the
liquefied compressed gas industry will be minimal as many in the
industry are already voluntarily applying these markings. In the ANPRM,
we requested comment on this assertion.
    PHMSA identified six U.S. based manufacturers of the cylinders
identified in the petition, of which five are classified as small
businesses using SBA size standards (< 500 employees). PHMSA requested
comments and supporting data regarding the increased safety benefits
and the economic impact of this proposal. With regards to the cost
associated with this modification, in the ANPRM, PHMSA asked the
following specific questions:
     What is the average total cost per cylinder to complete
these markings (i.e., is an estimated cost of $0.10 per character for
new markings accurate)?
     What is the estimated quantity of newly manufactured 4B,
4BA, 4BW and 4E cylinders each year? Furthermore, how many of these
cylinders already display tare weight and water capacity markings in
compliance with NFPA 58 or other codes?
     How many manufacturers of the cylinders mentioned above
are considered small businesses by the SBA?
    PHMSA sought to identify: (1) The frequency of which the mass
weight or tare weight, and water capacity markings are already
permissively applied to cylinders, (2) the costs associated with
applying these marks, (3) the safety benefits associated with the
additional markings, and (4) the alternate methods or safeguards
against overfilling of cylinders currently being implemented.
    Air Products and Chemicals supports the petition with no additional
comments. The CGA supports the inclusions of tare weight, mass weight,
and water capacity requirements on newly constructed DOT 4B, 4BA, 4BW,
and 4E specification cylinders at the time of manufacture but does not
support--and strongly disagrees with--PHMSA's consideration of
modifying Sec.  178.35 to require all DOT-specification cylinders
suitable for the transport of liquefied gases to be marked with the
cylinder's tare weight and water capacity. The CGA also believes that
the 49 CFR must further clarify that no cylinder must be filled with a
liquefied gas unless a mass or tare weight is marked on the cylinder,
providing the following justification:
     At the time of manufacture, the manufacturer would not
know whether the DOT 3 series cylinders are or are not be used in a
liquefied gas service;
     Marking all cylinders, as suggested by DOT, would include
every cylinder manufactured in conformance with the specifications set
forth in the HMR, which would therefore require cylinders that have
been designed and manufactured for a specific permanent gas application
be marked for tare weight and water capacity just because the cylinder
could be used (at some time) for liquefiable gas;
     There would be instances on small 3-series cylinders where
the additional marking would not fit onto the dome of the cylinder; and
     The economic impact estimated for marking all cylinders is
significantly greater than the estimates submitted by PHMSA.
    Manchester Tank expresses concern that numerous variations in
stamped weights could cause confusion in the field among fillers. They
state that adding mass weight stamping to a cylinder that already has
tare weight stamped could lead to incorrect filling if the wrong figure
is used. They ask PHMSA for specific clarification of the language to
assign the duty to mark tare weight to the valve installer and indicate
that there are many cylinders that are not valved by the manufacturer,
further declared that those cylinders can be marked correctly with mass
weight--but not with tare weight, since the weight of the appurtenance
may not be known to the manufacturer of the vessel. In addition,
Manchester Tank notes that available space for stamping is limited on
some vessels and increased stamping will not allow significant space
for retest marking information.
    In this NPRM, PHMSA is proposing to revise Sec.  178.35(f) to
require that tare weight or mass weight, and water capacity be marked
on certain DOT 4-series specification cylinders used for the transport
of liquefied gases as petitioned by the CGA. We stress that while
cylinder markings are important to ensure the safe filling of liquefied
compressed gas, they do not take the place of adequate personnel
training, procedures to ensure proper filling, and continued
requalification and maintenance of cylinders in preventing incidents.
PHMSA seeks additional comment on expanding this marking requirement to
other DOT-specification cylinders and the costs and benefits as well as
the safety implications of doing so.

P-1546

    GSI Training Services submitted P-1546 requesting that PHMSA allow
cylinders that form a component of fire suppression systems to use the
proper shipping name ``Fire extinguishers'' when offered for
transportation. The Hazardous Materials Table (HMT) in Sec.  172.101
provides a shipping description for cylinders used as fire
extinguishers (i.e., ``UN1044, Fire extinguishers, 2.2'') and
references Sec.  173.309 for exceptions and non-bulk packaging
requirements. Fire extinguishers charged with a limited quantity of
compressed gas are excepted from labeling, placarding, and shipping
paper requirements under certain conditions if the cylinder is packaged
and offered for transportation in conformance with Sec.  173.309.\3\
Additionally, fire extinguishers filled in conformance with the
requirements of Sec.  173.309 may use non-specification cylinders
(i.e., cylinders not manufactured to specifications in part 178). Part
180 also provides special requirements for cylinders used as fire
extinguishers (e.g., Sec.  180.209(j) includes different
requalification intervals).
---------------------------------------------------------------------------

    \3\ Note that the format of Sec.  173.309 was changed under a
final rule published January 7, 2013 (HM-215K; 78 FR 1101) such that
the exceptions for limited quantities has been relocated to
paragraph (d) of Sec.  173.309.
---------------------------------------------------------------------------

    PHMSA has written several letters of clarification regarding the
applicability of Sec.  173.309 to fire extinguishers. Notably on March
9, 2005, PHMSA wrote a letter (Reference No. 04-0202) to Safecraft
Safety Equipment regarding non-specification stainless steel cylinders
used as a component in a fire suppression system for installation in
vehicles and stated that the cylinders used in the fire suppression
system appeared to meet the requirements of Sec.  173.309. PHMSA issued
another letter (Reference No. 06-0101) on May 30, 2008, to Buckeye Fire
Equipment stating that the company could not use the shipping name
``Fire extinguishers'' for their cylinders, which served as a component
of a kitchen fire suppression system, and must use the proper shipping
name that best describes the material contained in the cylinder since
these cylinders were not equipped to function as fire extinguishers.
This latter clarification effectively required

cylinders that are part of a fixed fire suppression system to meet an
appropriate DOT-specification.
    In response to Reference No. 06-0101, GSI Training Services
submitted a petition for rulemaking requesting PHMSA to allow cylinders
that form a component of fire suppression systems to use the proper
shipping name ``Fire extinguishers'' when offered for transportation,
stating that: (1) At least one company manufactured over 39,000 non-
specification cylinders for use in fire suppression systems based on
the information provided in the March 9, 2005 letter; and (2) the May
30, 2008 clarification effectively placed this company out of
compliance. GSI Training Services further suggests that cylinders
comprising a component of a fixed fire suppression system will provide
an equal or greater level of safety than portable fire extinguishers
since cylinders in fire suppression systems are typically installed in
buildings where they are protected from damage and not handled on a
regular basis.
    In this NPRM, PHMSA is proposing to revise the Sec.  173.309
introductory text to include cylinders used as part of a fire
suppression system as a cylinder type authorized for transport in
accordance with the HMT entry for fire extinguishers. The controls
detailed in Sec.  173.309 provide an acceptable level of safety
regardless of whether the cylinder is equipped for use as a handheld
fire extinguisher or as a component of a fixed fire suppression system.

P-1563

    3M Corporation submitted P-1563 requesting that PHMSA address the
regulatory confusion between marking requirements for overpacks in
Sec.  173.25 and outside packages for certain thin-walled cylinders
specified in Sec.  173.301(a)(9). The petitioner notes that the
differing marking requirements in Sec. Sec.  173.25 and 173.301(a)(9)
create confusion and make training difficult. This petition requests
modification of the HMR to permit materials packaged in conformance
with Sec.  173.301(a)(9)--except aerosols ``2P'' and ``2Q''--to display
the ``OVERPACK'' marking described in Sec.  173.25, in lieu of the
current requirement for ``an indication that the inner packaging
conforms to prescribed specifications.''
    In accordance with Sec.  173.301(a)(9), DOT-specification 2P, 2Q,
3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 39 cylinders must be packed
in strong non-bulk outer packagings. This configuration meets the
definition of a combination package as indicated in paragraph (a)(9)
and further, as defined in Sec.  171.8 of the HMR. Paragraph (a)(9)
requires the outside of this combination packaging to be marked with an
indication that the inner packagings conform to the prescribed
specifications. The completed combination package is subject to marking
and labeling, as appropriate; however, the inner packagings do not have
to be marked or labeled. These combination packages cannot also then be
considered ``overpacks.'' For each completed package bearing required
marking(s) and label(s) that is placed in an overpack, for
consolidation or ease of handling, the overpack must also display the
appropriate marking(s) and label(s) unless visible through the overpack
[see Sec.  173.25(a)(2)]. The ``OVERPACK'' mark must be applied when
specification packagings are required by the HMR to communicate that
the overpack contains specification packagings in conformance with the
HMR.
    The marking ``inside (inner) packages comply with the prescribed
specifications'' for overpacks in Sec.  173.25 was changed in 2004 to
``OVERPACK'' in an effort to better align with global overpack
requirements. The 3M Corporation accurately states that prior to 2004
both the overpack requirements in Sec.  173.25 and the requirement in
Sec.  173.301(a)(9) to package certain DOT-specification cylinders in
strong, non-bulk outer packagings used very similar language intended
to inform package handlers that although not visible, the inner
packages contained specification packagings that conformed to
appropriate DOT or UN standards.
    PHMSA recognizes that differing marking requirements in Sec. Sec.
173.25 and 173.301(a)(9) to communicate the same intended meaning may
be causing confusion without enhancing safety. In order to address the
petition and provide for greater clarity, PHMSA is proposing to revise
Sec.  173.301(a)(9) to authorize use of the ``OVERPACK'' marking as
specified in Sec.  173.25(a)(3) as a method to satisfy the current
requirement in paragraph (a)(1) to mark the completed package with an
indication that the inner packagings conform to prescribed
specifications for the listed cylinders. We agree with 3M that the
issue is more complex for 2P and 2Q containers as specified in
Sec. Sec.  173.304, 173.305, and 173.306 and, therefore, are not
including 2P and 2Q in the allowance for the ``OVERPACK'' marking. The
revision will also include instructional language that the combination
package is not to be considered an ``overpack.'' PHMSA welcomes
comments from affected entities regarding the following: potential
consequences, safety and economic impacts, current level of difficulty
and unnecessary confusion, need for change, quantity of shipments per
year to be impacted, etc.

P-1572

    Barlen and Associates submitted P-1572 requesting that PHMSA
explicitly state in Sec.  173.312 that for liquefied compressed gases
in Multiple-Element Gas Containers (MEGCs), the filling density of each
pressure receptacle must not exceed the values contained in Packing
Instruction P200 of the UN Model Regulations, as specified in Sec.
173.304b, and the contents of each DOT-specification cylinder cannot
exceed the densities specified in Sec.  173.304a(a)(2).\4\
---------------------------------------------------------------------------

    \4\ Note that the petition specifically referenced the 17th ed.
of the UN Model Regulations, however, we will propose a change that
references the edition currently incorporated by reference in Sec.
171.7 because we biennially update the edition for harmonization
with international standards.
---------------------------------------------------------------------------

    Requirements for shipping MEGCs are specified in Sec.  173.312.
Specifically, Sec.  173.312(b) details the filling requirements for
MEGCs and states,'' [a] MEGC may not be filled to a pressure greater
than the lowest marked working pressure of any pressure receptacle [and
a] MEGC may not be filled above its marked maximum permissible gross
mass.'' The requirement that each pressure receptacle contained in the
MEGC may not be filled above the working pressure of the lowest marked
working pressure of any pressure receptacle is clear for permanent
(non-liquefied compressed) gases, which are generally filled by
pressure; however, Sec.  173.312(b) does not contain a corresponding
requirement addressing pressure receptacles containing a liquefied
compressed gas, which are most often filled by weight. This lack of
specificity for MEGCs containing liquefied compressed gas has led to
some confusion on methods for their proper filling. Therefore, in this
NPRM, we propose to specify the filling ratio requirements for pressure
receptacles.
    PHMSA does not anticipate this provision will impose any new
burden, as this proposal would only emphasize an important safety
requirement already stated in Sec.  173.304a for DOT-specification
cylinders and Sec.  173.304b for UN pressure receptacles. PHMSA invites
comments from affected entities regarding the following: Safety and
economic impacts, level of difficulty and unnecessary confusion, need
for change, etc.

P-1580

    HMT Associates submitted P-1580 requesting that PHMSA revise
Sec. Sec.  173.302(f)(2) and 173.304(f)(2) to require that the burst
pressure of a rupture disc coincide with CGA S-1.1 for DOT 39 cylinders
offered for transportation after October 1, 2008; other DOT-
specification cylinders with the first requalification due after
October 1, 2008; and UN pressure receptacles prior to initial use.
Specifically, as prescribed in 4.2.2 of CGA S-1.1, the required burst
pressure of the rupture disc ``shall not exceed 80% of the minimum
cylinder burst pressure and shall not be less than 105% of the cylinder
test pressure.''
    Section 173.301(f) states that a cylinder filled with a compressed
gas and offered for transportation ``must be equipped with one or more
[pressure relief devices (PRDs)] sized and selected as to type,
location and quantity and tested in conformance with CGA S-1.1
[Pressure Relief Device Standards--Part 1--Cylinders for Compressed
Gases, Fourteenth Edition (2005)] and CGA S-7 [Method for Selecting
Pressure Relief Devices for Compressed Gas Mixtures in Cylinders
(2005)].'' Sections 172.302(f)(2) and 172.304(f)(2) specify that the
rated burst pressure of a rupture disc for DOT 3A, 3AA, 3AL, 3E, and 39
cylinders, as well as that for UN ISO 9809-1, ISO 9809-2, ISO 9809-3,
and ISO 7866 cylinders containing oxygen, compressed; compressed gas,
oxidizing, n.o.s.; or nitrogen trifluoride, must be 100 percent of the
cylinder minimum test pressure with a tolerance of `plus zero' to minus
10 percent.
    In response to PHMSA's NPRM entitled ``Hazardous Materials:
Miscellaneous Amendments'' published on September 29, 2010 [75 FR
60017] under Docket No. PHMSA-2009-0151 (HM-218F), HMT Associates
submitted a late-filed comment that identified a potential discrepancy
between the HMR and CGA S-1.1. Specifically, this commenter stated the
HMR have different PRD settings than CGA S-1.1 for DOT 39 cylinders
that make it virtually impossible to comply with both the HMR and CGA
S-1.1. Sections 173.302(f)(2) and 173.304(f)(2) require the rated burst
pressure of a rupture disc for DOT 3A, 3AA, 3AL, 3E, and DOT 39
cylinders to be 100 percent of the cylinder minimum test pressure with
a tolerance of `plus zero' to minus 10 percent, whereas section 4.2.2
of CGA S-1.1 requires the rated burst pressure of the rupture disc on
DOT 39 cylinders to be not less than 105 percent of the cylinder test
pressure.
    In this NPRM, PHMSA proposes to revise Sec.  173.301(f) as it
applies to DOT 39 cylinders to alleviate any confusion and conflict
between the PRD requirements in Sec.  173.301(f) and those in
Sec. Sec.  173.302(f)(2) and 173.304(f)(2) with respect to minimum
burst pressure of pressure relief devices on a DOT 39 cylinder used for
the transport of compressed and liquified oxidizing gases by air. PHMSA
notes that the revision made to Sec.  173.301(f) was based on option 2
presented in HMT Associates comment to rulemaking HM-218F and submitted
as petition P-1580. PHMSA requests comments from the compressed gas
industry regarding this course of action.

P-1582

    Water Systems Council submitted P-1582 requesting that PHMSA revise
Sec.  173.306(g), which provides a limited quantity exception for water
pump system tanks, by permitting tanks manufactured to American
National Standards Institute (ANSI) and Water Systems Council (WSC)
standard PST-2000-2005(2009) to be authorized for transport.
    ANSI and WSC standard PST-2000-2005 is an industry standard that
prescribes minimum performance and construction requirements for
pressurized storage tanks for service in water well systems with a
maximum factory pre-charge pressure of 40 psig (280 kPa), to be
operated in ambient air temperatures up to 120[emsp14][deg]F (49
[deg]C), with maximum working pressures not less than 75 psig (520 kPa)
and not greater than 150 psig (1,000 kPa) and tank volumes not
exceeding 120 gallons (450 L). The standard was developed by a group of
WSC members comprised of leading U.S. manufacturers of pressurized
water storage tanks for water wells to define and promote--through
voluntary written standards--minimum performance and construction
requirements for pressurized water storage tanks for service in water
well systems. Incorporating the standard into the HMR will provide
minimum requirements for pressurized water storage tanks for water
wells that provide at least an equivalent level of safety as currently
provided in the HMR.
    PHMSA identified 38 U.S. based manufacturers or distributors of
water pump system tanks, most of which would be classified as a small
business using SBA size standards (<500 employees). There are no costs
associated with this proposal because it is already incorporated into
the regulations. This proposal will authorize tanks to be tested to
current standards in the HMR or the manufacturer's specified minimum
working pressure. Further, it allows water pump system tanks to be
charged with helium in addition to the currently authorized nitrogen.
The revisions would provide greater flexibility to stakeholders without
compromising safety. Therefore, in this NPRM, PHMSA is proposing these
recommended changes.

P-1592

    The CGA submitted P-1592 requesting that PHMSA replace the 2005
edition of CGA S-1.1, Pressure Relief Device Standards-Part 1-Cylinders
for Compressed Gases with the 2011 edition as referenced in the HMR.
    CGA S-1.1 provides standards for selecting the correct pressure
relief device to meet the requirements of Sec.  173.301(f) for over 150
gases. It provides guidance on when a pressure relief device can be
optionally omitted and when one's use is prohibited, as well as
direction on their manufacture, testing, operational parameters, and
maintenance.
    PHMSA identified approximately 5,000 companies that would be
subject to this standard, with the majority being classified as small
businesses using SBA size standards (<500 employees).
    This minor update to the regulations improves the timeliness and
clarity of industry standards that are IBR. It supports the goal of
facilitating voluntary compliance and reducing the burdens associated
with references to outdated material. Therefore, in this NPRM, PHMSA is
proposing these recommended changes.

P-1596

    Chemically Speaking, LLC submitted P-1596 requesting that PHMSA
revise the HMR pertaining to salvage drums. Specifically, they propose
amending Sec.  173.3(d) to allow Class 4 and Class 5 materials to be
placed in salvage cylinders.
    For over 30 years the gas industry, public agencies, gas cylinder
users, and gas disposal companies have used open head salvage cylinders
fabricated to ASME specifications to quickly and safely contain and
transport leaking cylinders to locations where they can be safely
emptied or repaired. Salvage cylinders were originally permitted under
special permits (exemptions) specific for each design,\5\ but these
exemptions were adopted into the HMR in 2005. Class 4 or 5 materials
were not

included in the adoption; however, there is no preamble language in the
rules specifically indicating reasons for the exclusion. A salvage
cylinder made to ASME specifications as a pressure vessel and packaged
as prescribed in Sec.  173.3(d) is a more robust package than a salvage
container, which is used for liquids or solids. The addition of a
pyrophoric material will not add a new hazard in the use of salvage
cylinders, as some of the compressed gases that are also authorized
have pyrophoric properties, such as silane, 2.1 (UN2203) or phosphine,
2.3 (UN2199). Moreover, these gases also have the added hazards of high
pressure (1,500 psig), with the latter also being a toxic material.
---------------------------------------------------------------------------

    \5\ DOT-E 9507, 9781, 9991, 10022, 10110, 10151, 10323, 10372,
10504, 10519, 10789, 10987, 11257, 11459, 12698, 12790, and 12898.
---------------------------------------------------------------------------

    Over a period of four years (2006-2010), the use of salvage
pressure receptacles was debated at the UN Subcommittee on
Transportation of Dangerous Goods. Numerous papers were submitted in
support of this effort. In the December 2010 session, the use of
salvage pressure receptacles was approved and published in ``Amendments
to the sixteenth revised edition of the Recommendations on the
Transport of Dangerous Goods, Model Regulations.'' The amendments
include the authorization of salvage cylinders for Class 4 and 5
materials.
    This change will have a positive economic impact on owners of
salvage cylinders as this will increase the instances where a salvage
cylinder can be used. Many metal alkyl users and gas suppliers already
own a salvage cylinder. There will be a negligible burden for
procedures to be updated to include these cylinders. Therefore, in this
NPRM, PHMSA is proposing these recommended changes; however, we do not
propose additional reporting requirements.

P-1622

    Worthington Cylinders submitted P-1622 requesting that PHMSA allow
the internal volume of DOT 39 cylinders not to exceed 75 cubic inches,
which will be reflected in revisions to the entries for cyclopropane,
ethane, and ethylene in the Sec.  173.304a(a)(2) table to include this
limit in new footnote ``Note 9.'' This proposal would also clarify the
75 cubic inch limit for DOT 39 cylinders by adding it in a new sentence
to Sec.  173.304a(d)(3). Worthington Cylinders states its
justifications for this petition are as follows:

    As discussed in my May 2011 letter, 49 CFR went through a
rewrite in 2001. At this point in time, Paragraph 173.304 titled
``Charging of cylinders with liquefied compressed gas'' was divided
into two specific sections, 173.304 and 173.304a. Previous to the
change in 2001, Note 9 was present in the Table of Paragraph
173.304. This note stated ``When used for shipment of flammable
gases, the internal volume of a Specification 39 cylinder must not
exceed 75 cubic inches.'' This would apply specifically to cylinders
containing liquefied compressed gases. At the same time, Paragraph
173.302 titled ``Charging of cylinder with non-liquefied compressed
gases'' stated in subsection 4 that for ``Specification 39 cylinders
for flammable gases, the internal volume may not exceed 75 cubic
inches.'' This paragraph would specifically pertain to cylinders
charged with non-liquefied gases.
    The problem lies with each edition of 49 CFR published since
2001. Paragraph 173.304a is not making any statement limiting the
Specification 39 cylinder volume when charging the cylinder with
liquefied flammable gases, yet paragraph 173.302a(3) limits the
flammable compressed gas in a Specification 39 cylinder to a maximum
of 75 cubic inches. Clearly, DOT would not want to authorize a
liquefied flammable compressed gas for any volume Specification 39
cylinder when the specifications limit the volume to 75 cubic inches
for a flammable compressed gas. I will use propane as an example:
Propane can be shipped as a compressed gas or a liquefied compressed
gas. If it is shipped as a compressed gas the specifications limit
the shipper to a container 75 cubic inches or smaller (49 CFR
173.302). If the shipper was shipping propane as a liquefied
compressed gas there are no limitations in the regulations on the
Specification 39 cylinder volume (49 CFR 174.304a). This clearly
makes no logical sense when propane expands 270 times its volume
from a liquid to a vapor. Why would the stored energy for a
Specification 39 cylinder with vapor be limited to 75 cubic inches
and for a liquid have no limitations?
    Specification 39 cylinders have a proven track record. Millions
of these cylinders have been manufactured and used for the safe and
reliable storage and transportation of compressed gases and
liquefied compressed gases. This proven safety and reliable track
record includes 2.1 flammable liquefied compressed gases limited to
75 cubic inch capacity. Worthington's concerns of using up to 1526
cubic inch volume cylinders for 2.1 flammable liquefied compressed
gases centers around the puncture resistance and corrosion
resistance which are ``real life'' issues in the transportation of
cylinders. Releasing basically four gallons of propane from a
Specification 39 cylinder from a puncture or corrosion is not in the
best interest of safety. Worthington strongly recommends that PHMSA
review the following and consider it as immediate changes to 49 CFR
173.304a and 173.304(d)(3).

    PHMSA agrees with the petitioner and will permit valves other than
those listed in CGA S-1.1 to be used by adding the word ``may'' to this
phrase in the regulatory text: ``a CG-7 pressure relief valve may be
used.'' In this NPRM, PHMSA is proposing these recommended changes.
    Worthington Cylinders also asked PHMSA to explain what is meant by
``chemical under pressure'' in Sec.  173.302a(a)(3) as it relates to
this phrase: ``or 50L for chemical under pressure.'' Section
173.302a(a) describes detailed filling requirements for the shipment of
non-liquefied (permanent) compressed gases in specification cylinders.
Specifically, Sec.  173.302a(a)(3) limits the capacity of a DOT 39
cylinder to 1.23 L (75 in\3\) when the cylinder is filled with a
Division 2.1 material or 50 L (3050 in\3\) when the cylinder is filled
with a chemical under pressure. PHMSA revised Sec. Sec.  173.301b and
173.302a in a final rule [Docket No. PHMSA-2012-0027 (HM-215L); 78 FR
988] to increase the maximum allowable water capacity for non-
refillable cylinders containing chemicals under pressure to 50 liters
(3050in\3\); therefore, this request has been addressed.
    The phrase in question was added to the HMR under a final rule
published January 7, 2013 (HM-215L; 78 FR 988). Under that final rule
we introduced new HMT entries for ``chemical under pressure,'' assigned
authorized non-bulk and bulk packaging, and included other safety
requirements such as quantity and filling limits. See Sec. Sec.
172.102, Special Provision 362, and 173.335. In the HM-215L final rule
(78 FR 989), PHMSA discussed a comment received from 3M in support of
the proposal; however, 3M requested that PHMSA authorize the use of
non-refillable cylinders (i.e., DOT 39s) larger than 1.25 liters
containing flammable gas consistent with the UN Model Regulations. We
noted our '' intent regarding the chemical under pressure entry was to
comprehensively align the requirements of this entry with international
standards.'' In the HM-215L final rule, we revised the packaging
requirements for chemical under pressure to authorize the use of
nonrefillable cylinders larger than 1.25 liters for chemical under
pressure, hence, the inclusion of ``or 50L for chemical under
pressure'' for DOT 39 cylinders in Sec.  173.302a(a)(3). This language
applies to ``chemicals under pressure'' as described in Special
Provision 362 and must not be applied to flammable gases. PHMSA is also
looking to resolve the discrepancy created by this allowance for larger
capacities for this cylinder type because it exceeds the size limits
authorized under the design specifications for DOT 39 cylinders in
Sec.  178.65. In this NPRM, PHMSA is proposing to revise Sec.
173.302a(a)(3) to clarify any confusion on the applicable capacity
limits.

P-1626

    The CGA submitted P-1626 requesting that PHMSA IBR CGA C-1,

Methods for Pressure Testing Compressed Gas Cylinders, Tenth Edition
(2009) and revise the regulations regarding the retesting of cylinders
by the hydrostatic test as they are not only unclear to requalifiers,
but also missing necessary information rendering the regulations
unenforceable. Although the petition proposed the Tenth Edition,
currently there is an Eleventh Edition (2016) available. PHMSA is
proposing to IBR this most current version and requests comment
regarding this action.
    PHMSA identified approximately 980 entities that conduct
hydrostatic testing, including cylinder requalifiers, retesters, and
manufacturers.
    In this NPRM, PHMSA is proposing to adopt clarifying language and
IBR the CGA C-1 standard, as proposed in P-1626, as it provides more
detailed instructions and illustrations than what is possible in the
HMR and addresses the deficiencies detailed in the petition. The CGA
requests that this proposed IBR apply to the following sections:
Sec. Sec.  178.36, 178.37, 178.38, 178.39, 178.42, 178.44, 178.45,
178.46, 178.47, 178.50, 178.50, 178.51, 178.53, 178.55, 178.56, 178.57,
178.58, 178.59, 178.60, 178.61, 178.65, 178.68, 180.205, and 180.209.
The incorporation of CGA C-1, 2016 supports the goal of increasing
compliance and improving overall safety as its reference increases
clarity, provides enhanced guidance, and reduces confusion between CGA
current dates and IBR versions. Specific clarifications include
instructions for performing volumetric expansion tests using both the
water-jacket and direct expansion methods, as well as a provision for
retesting in case of equipment failure or operator error. Revising the
HMR to IBR CGA C-1 will provide the desired clarification without
imposing requirements that are potentially costly or unnecessarily
difficult.

P-1628

    The CGA submitted P-1628 requesting that PHMSA IBR CGA C-3-2005,
Reaffirmed 2011, Standards for Welding on Thin-Walled, Steel Cylinders,
Seventh Edition as material incorporated by reference in the HMR.
Presently, the HMR reference CGA C-3-1994, Standards for Welding on
Thin-Walled Steel Cylinders, Fourth Edition.
    This publication contains information on welding process
qualification, welding operator qualifications, tensile testing, bend
testing, and radiographic inspection. The changes between the C-3-1994,
Fourth Edition and the C-3-2005, Reaffirmed 2011, Seventh Editions were
predominantly editorial or technical in nature. The significant
technical changes are summarized as follows and can be reviewed in
detail in the docket to this petition:
     Added section to the testing criteria to employ the use of
macro etch samples in lieu of weld guided bend test and weld tensile
testing when the cylinder size would not permit securing of proper size
specimens.
     Clarified the weld bend testing procedure, weld bend
testing tooling, and proper clearances that are required in the
tooling.
     Clarified definitions for the welding procedure
qualification and the welding operator weld qualification.
     Added tolerance section to C-3-2005, Reaffirmed 2011 that
indicates the plus and minus tolerances when a specific dimensional
tolerance is indicated in the publication.
     Added drawings to the C-3-2005, Reaffirmed 2011
illustrating different weld joint designs.
     Reviewed C-3-2005, Reaffirmed 2011 for conditional wording
and revised it for enforceable wording.
    PHMSA identified approximately 5,000 companies that would be
subject to this standard, with the majority being classified as small
businesses using SBA size standards (<500 employees).
    This minor update to the regulations improves the timeliness and
clarity of industry standards that are IBR. It supports the goal of
facilitating voluntary compliance and reducing the burdens associated
with references to outdated material. Therefore, in this NPRM, PHMSA is
proposing these recommended changes.

P-1629

    The CGA submitted P-1629 requesting that PHMSA IBR CGA C-14-2005,
Reaffirmed 2010, Procedures for Fire Testing of DOT Cylinder Pressure
Relief Device Systems, Fourth Edition, as a material incorporated by
reference in the HMR. Presently, the HMR reference CGA C-14-1979,
Procedures for Fire Testing of DOT Cylinder Pressure Relief Device
Systems, First Edition. Since the incorporation of this edition, CGA
has revised the publication in 1992, 1999, 2005, and reaffirmed the
publication in 2010.
    This standard describes test procedures and apparatus for fire
testing compressed gas cylinder safety (pressure) relief devices as was
required by former Sec.  173.34(d). The procedures are applicable for
cylinders that are less than 500 pounds water capacity and designed to
provide a means of testing to DOT requirements anywhere with reliable
test data and repeatable test results. The changes from the 1979 First
Edition to the 2005 and Reaffirmed 2010 editions of CGA C-14 were
predominantly editorial or technical in nature. The significant
technical changes are summarized as follows and can be reviewed in
detail in the docket to this petition:
     Permitted the use of an alternate lading. If the intended
lading would present an increased safety hazard during the test
procedure (such as the use of poisonous or flammable gas), the cylinder
may be charged with a typical liquefied or non-liquefied gas. Gases
with essentially similar physical properties may be classified as
typical.
     Added the Bonfire Test Method to the publication. This
permitted the Board of Explosives (BOE) test method to be used to
qualify pressure relief device systems. The Bonfire Test Method was
successfully used to qualify pressure relief device systems for
decades.
     Clarified what information is to be recorded before and
during the actual test.
     Increased the water capacity of a cylinder that can be
fire tested from 500 lb. water capacity to 1000 lbs. water capacity to
permit a test method for all 4 series cylinders.
     Reviewed C-14-2005, Reaffirmed 2010 for conditional
wording and modified it to replace conditional wording with enforceable
wording, wherever appropriate.
    PHMSA identified approximately 5,000 companies that would be
subject to this standard, with the majority being classified as small
businesses using SBA size standards (<500 employees).
    This minor update to the regulations improves the timeliness and
clarity of industry standards that are IBR. It supports the goal of
facilitating voluntary compliance and reducing the burdens associated
with references to outdated material. Therefore, in this NPRM, PHMSA is
proposing these recommended changes.

P-1630

    The CGA submitted P-1630 requesting that PHMSA revise the HMR
requirements for DOT 4L welded insulated cylinders. Specifically, the
CGA requests PHMSA make two changes:
(1) Add a Definition for ``Recondition'' to Sec.  180.203
    The CGA states ``[t]he term `recondition' is distinct from work
presently defined as repair or rebuild and describes work on a part or
component of a DOT 4L welded insulated cylinder that does not involve
repair or rebuilding of the inner containment vessel. For purposes of
this

petition, the inner containment vessel refers to the term cylinder as
defined in Sec.  171.8. In addition, DOT 4L welded insulated cylinder
refers to that packaging defined in Sec.  178.57.'' The CGA did not
propose language for the definition.
    The HMR prescribe the requirements for reconditioning DOT 4L
cylinders in Sec.  180.211, further specifying additional requirements
for rebuilding DOT 4L cylinders in paragraph (e). ``Recondition'' is a
word that describes a process that applies to several cylinder
packaging types under the HMR. PHMSA is concerned that adding a
definition for ``recondition'' that applies only to DOT 4L
specification cylinders would cause confusion that may reduce the safe
application of these regulations. Therefore, PHMSA is not proposing in
this NPRM to define a ``reconditioned cylinder'' in Sec.  180.203.
(2) Amend Paragraphs Sec. Sec.  180.211(c) and 180.211(e) To Clarify
when a Hydrostatic Test Must Be Performed on the Inner Containment
Vessel After the DOT 4L Welded Insulated Cylinder has Undergone Repair
as Interpreted in DOT Letters of Interpretation Reference Nos. 11-0237
and 12-0065
    Reference No. 11-0237 states: ``[t]he term `rebuild' is defined in
Sec.  180.203 as the replacement of a pressure part (e.g., a wall,
head, or pressure fitting) by welding. While a `rebuild' would be
required when the inner vessel of a DOT-4 series cylinder is
compromised, it is not the only scenario that would constitute a
`rebuild.' DOT-4 series cylinders requiring rebuild, as defined in
Sec.  180.203, must do so in conformance with Sec.  180.211. In
addition, DOT 4L cylinders must meet additional requirements for repair
specified in Sec.  180.211(e) including proof pressure testing each
inner containment vessel at two times its service pressure. DOT 4L
cylinders which undergo procedures that are not defined as a rebuild in
Sec.  180.203 are not subject to the requirements of Sec.
180.203(e).''
    Reference No. 12-0065 states: ``[t]he term `repair' is defined in
Sec.  180.203 as a procedure for correction of a condemned cylinder
that may involve welding. A repair is not limited to the correction of
a condemned cylinder that has had only its inner vessel compromised;
therefore, DOT-4 series cylinders requiring repair, as defined in Sec.
180.203, must be done in conformance with Sec.  180.211. In addition,
DOT 4L cylinders must meet additional requirements for repair specified
in Sec.  180.211(c) including being pressure-tested in conformance with
the specifications under which the cylinder was originally
manufactured. DOT 4L cylinders which undergo procedures that are not
defined as a repair in Sec.  180.203 are not subject to the
requirements of Sec.  180.211(c) including the requirement to be
pressure-tested in conformance with the specifications under which the
cylinder was originally manufactured.''
    The CGA notes its understanding that these DOT interpretations
``state that testing the inner containment vessel after reconditioning,
as defined below, are relatively new and prior to these interpretations
no such testing had taken place.'' The CGA further notes that it
``knows of no incidents related to the lack of such testing.''
    While the requirements the petitioner is referring to have existed
since 2002 [67 FR 51626]--and prior to that to some extent in former
Sec.  173.34--PHMSA agrees with the petitioner that adding language to
clarify when a rebuilt DOT 4L cylinder and its components need to be
pressure tested would make this requirement easier to understand;
therefore, PHMSA is revising Sec.  180.211(c) to include the clarifying
language about this requirement included in letter Reference No. 11-
0237.
    The CGA further states its ``purpose for requesting amendments to
Sec. Sec.  180.211(c) and 180.211(e) is to clarify that certain work on
parts and components of a DOT 4L welded insulated cylinder other than
the inner containment vessel does not require hydrostatic testing of
the inner containment vessel. The addition and definition of the term
`recondition' with respect to these DOT 4L welded insulated cylinders
identifies this work and enables verification of the integrity of such
work using a pneumatic leak test at 90% of service pressure for which
the DOT 4L welded insulated cylinder was designed and tested and by
using a mass spectrometer detection system.''
    As previously stated, while this requirement has existed since
2002, PHMSA agrees with the petitioner that revising the language in
Sec.  180.211(e) to include the language in letter Reference No. 12-
0065 would improve the understanding of this requirement and, thereby,
possibly improve safety.
    In this NPRM, PHMSA is proposing to amend Sec.  180.211(c) and (e)
for clarification as petitioned.

IV. Special Permits

    In the ANPRM, PHMSA considered proposing revisions to adopt certain
special permits into the HMR. Specifically, PHMSA proposed changes
based on DOT-SPs 12929, 13318, and 13599. We are no longer proposing
changes in this NPRM in association with these special permits because:
(1) DOT-SP 12929 was determined not suitable for adoption under
rulemaking HM-233F (80 FR 5340; January 30, 2015); and (2) DOT-SPs
13318 and 13599 were adopted under HM-233F (81 FR 3635; January 21,
2016).
    Since publication of the ANPRM, we have considered proposing
revisions to the HMR based on adoption of DOT-SP 14237. For over ten
years, PHMSA has authorized the use of certain non-bulk DOT-
specification cylinders to transport specific adsorbed gases under
special permits. DOT-SP 14237, first issued on December 22, 2006, is
general in its application in that it does not require the use of
drawings and applications for DOT-specification cylinders that are
specific to one company. Adopting this special permit would reduce
costs associated with application and management, while also increasing
safety and expanding the use of DOT-specification cylinders for
adsorbed gases. PHMSA is not aware of any incident or investigation
concerning the performance of packaging and transport under this
special permit since its issuance; therefore, PHMSA is proposing in
this NPRM to adopt the special permit into the HMR.
    Furthermore, PHMSA added provisions to the HMR for shipping
adsorbed gases in a final rule issued on January 7, 2015 [Docket No.
PHMSA-2013-0260 (HM-215M); 80 FR 1075] applicable to UN pressure
receptacles. Specifically, these changes incorporated international
standards designed to allow the transportation of certain gases when
they are adsorbed onto a porous solid material in a non-bulk UN
standard pressure receptacle. Two commenters to the HM-215M NPRM
requested that PHMSA also permit adsorbed gases in DOT-specification
cylinders. One commenter, Entegris, Inc., proposed regulatory text that
includes DOT cylinder specifications and provisions not previously
authorized under DOT special permit. PHMSA chose not to accept the
comment and did not adopt the changes at that time; however, PHMSA
invites the public to review Entegris, Inc.'s comments under Docket No.
PHMSA-2013-0260 at www.regulations.gov and to comment on the safety and
costs associated with its proposal and its possible inclusion under new
Sec.  173.302d.

V. Agency Initiated Editorial Corrections

    In an ongoing attempt to improve safety, PHMSA regularly reviews
and revises the HMR to correct errors and

clarify any regulations that are unclear or confusing. PHMSA is
adopting the following issues of concern into this NPRM and seeks
comment regarding the changes.

Section 107.803

    Section 107.803 provides approval procedures for independent
inspection agencies (IIA) conducting cylinder inspections and
verifications as required by parts 178 and 180. In its application for
approval status, the IIA must provide information, including a detailed
description of its qualifications and ability both to perform and to
verify inspections. However, at present, the application information
requirements of Sec.  107.803(c)(3) only reference part 178. In this
NPRM, PHMSA is proposing to revise Sec.  107.803(c)(3) to include part
180, subpart C for consistency.

Section 107.805

    Section 107.805 provides approval procedures for persons to
inspect, test, certify, repair, or rebuild a cylinder in accordance
with the HMR. PHMSA is proposing to revise the requirements for
application for approval of cylinder requalifiers to include a
reference to the option of having a mobile cylinder requalification
unit (i.e., a mobile unit). See Sec.  180.203 for further discussion.

Section 178.70

    Section 178.70 provides approval for the manufacture of UN pressure
receptacles (i.e., cylinders). Current Sec.  178.70(d) restricts the
user (manufacturer) from the flexibility that is provided in the UN/ISO
standards. The regulation as constructed results in additional cost and
delay without any added safety. The UN/ISO standards are developed
based on performance testing and include adequate testing for a wide
range of design-type modifications. All UN/ISO standards to which the
original design type conforms permit certain modifications to an
approved design type. PHMSA has received several requests to revise
this regulation to allow an authorized manufacturer to benefit from the
UN Model Regulations and produce UN/ISO cylinders. In this NPRM, PHMSA
is proposing to adopt language consistent with UN/ISO standards to
reduce the need for approvals.

Section 180.203

    Section 180.203 specifies definitions that apply to cylinder use,
qualification, and maintenance. PHMSA has encountered frequent problems
regarding this section and is recommending the following revisions:
(1) Define and Incorporate ``Mobile Unit'' Requalification Operations
    The hazardous materials program procedures of 49 CFR part 107 for
approval of cylinder requalifiers do not specify the option of a
``mobile cylinder requalification unit.'' The intent of this operation
is for a cylinder requalifier to be able to perform its requalifying
function within a 100-mile radius of its primary place of business. To
operate, a mobile cylinder requalifier must adhere to the requirements
in a PHMSA-issued approval letter.
    Since companies may not be familiar with the option to offer mobile
testing of cylinders to their customers through an approval by the
Associate Administrator, PHMSA is proposing in this NPRM to add a
definition of ``mobile unit'' to the HMR in Sec.  180.203 and a new
paragraph in Sec.  107.805 identifying application requirements for
mobile units. These proposed revisions would enhance requalifiers'
ability to perform cylinder requalifications under the scope of the
HMR.
(2) Revise Definition of Proof Pressure Test for Cylinders
    The HMR no longer prescribe modified hydrostatic pressure testing,
which has been and continues to be the method of low-pressure testing
of fire extinguishers. Not all retesters know that proof pressure
testing allows the test to be performed with just air (no water),
therefore taking approximately one-third the time of a modified hydro
test without wasting water. The required test is only looking for leaks
not determining a cylinder expansion percentage rate. We expect that
use of a proof pressure will pass along cost savings to a requalifier.
    The HMR prescribes in Sec.  180.209(e) (for DOT 4-series cylinders)
and (j) (for fire extinguishers) that a proof pressure test is
authorized. In Sec.  180.203, proof pressure test is defined as ``a
pressure test by interior pressurization without the determination of
expansion of the cylinder'' (i.e., a leak test). In this NPRM, PHMSA is
proposing to revise the definition of proof pressure test to specify
that a liquid or a gas may be used to conduct the test. However, we
note that the safety risk for conducting this test is substantially
more using gas such as air versus a liquid such as water although this
risk is lessened for low-pressure cylinders such as fire extinguishers.
We seek comment on the impact of this revision and whether this
clarification achieves the intent of enhancing compliance by specifying
the air may be used for a proof pressure test. We also invite comment
on a better method for communicating that a gas may be used for a proof
pressure test, preferrable for low-pressure cylinders.

Section 180.207

    Section 180.207(d) authorizes the use of ISO 6406 to requalify UN
refillable seamless steel cylinders and UN refillable seamless steel
tube cylinders. The current ISO 6406 has a limitation of 150 liters for
the size of these cylinders, which is substantially less than the
maximum volume of a UN refillable seamless steel tube (3,000 liters).
PHMSA has received several requests for interpretation of this
regulation and its application to the requalification of UN seamless
steel pressure receptacles larger than 150 liters. PHMSA responded to
these requests through a letter of clarification issued under Reference
No. 13-0146, stating that Sec.  180.207(d)(1) authorizes the
requalification of seamless steel UN pressure receptacles larger than
150 liters. In addition, PHMSA Engineering staff is participating in an
ISO/TC58/SC4 working group that is considering a revision to the ISO
6406 standard to include pressure receptacles larger than 150 liters;
therefore, PHMSA is proposing in this NPRM to add the phrase ``larger
than 150 liters'' after ``including MEGC's pressure receptacles'' to
clarify that the use of larger UN pressure receptacles is permitted
under Sec.  180.207(d)(1).

Section 180.213

    Section 180.213 prescribes marking requirements for the visual
inspection of cylinders (see Sec.  180.213 paragraphs (f)(5), (f)(8),
and (f)(9)). In the past, PHMSA has allowed a visual (V) requalifier
identification number (i.e., a V number) to be marked in the same
manner as a requalifier identification number (RIN) marking per Sec.
180.213. V number markings have four different options for markings;
however, PHMSA issues approval letters that permit a V number marking
yet only provide three of the four available marking options and do not
reference Sec.  180.213.
    Section 180.213 of the HMR should include the marking requirements
for a V number consistent with those for an RIN. The V number could be
placed in a square pattern as shown in Sec.  180.213. However, marking
a V number, which is a single letter followed by six numbers, in a
square pattern like an RIN, which is a single letter followed by three
numbers, requires clarification, as the marks vary. Including the
marking requirements for V numbers into Sec.  180.213 will make
authorized options for these identifiers to be placed on a cylinder
more widely understood.

PHMSA is proposing in this NPRM to include this V number marking in
Sec.  180.213(g).

Section 180.215

    Section 180.215(a)(6) requires that a person who requalifies,
repairs, or rebuilds cylinders must maintain in their records and
report information contained in each applicable CGA or ASTM standard
incorporated by reference under Sec.  171.7 of the HMR that applies to
requalifier activities. In this NPRM, PHMSA is proposing to remove the
last sentence of paragraph (a)(6) of this section to reduce confusion,
as it essentially repeats what is requested in the first sentence of
this paragraph.

VI. Section-by-Section Review

Section 107.803

    Section 107.803(c)(3) states that each application to obtain
approval to perform duties as an IIA must contain a detailed
description of the applicant's qualifications and ability both to
perform the inspections and to verify the inspections required by part
178 of the HMR or under the terms of a DOT special permit. In this
NPRM, we propose to revise Sec.  107.803(c)(3) to clarify that the
applicant's description of his or her ability to perform and verify
inspections must include those required under 49 CFR part 180, subpart
C.

Section 107.805

    Section 107.805(c) prescribes additional information an application
must contain to obtain approval from PHMSA to requalify cylinders and
pressure receptacles. In this NPRM, we propose to add paragraph (c)(5)
to this section to clarify what information must be added to the
application to authorize mobile unit requalifiers and the information
necessary to acquire approval. We also propose to make a conforming
edit to paragraphs (c)(3) and (c)(4) by moving the ``and'' clause from
paragraph (c)(3) to (c)(4).

Section 171.7

    Section 171.7 lists reference standards and regulations
incorporated by reference into the HMR that are not specifically set
forth in the HMR. Paragraph (g) incorporates into the HMR publications
issued by the American Society of Mechanical Engineers, specifically,
the ASME Boiler and Pressure Vessel Code. In this NPRM, we propose to
revise the list of sections in paragraph (g)(1) to include Sec.
173.302d based on the addition of this new section to the HMR and its
reference to this standard in Sec.  173.302d(b)(11). Also, paragraph
(n) specifically incorporates into the HMR publications issued by the
Compressed Gas Association, an industrial and medical gas association
that, among others, develops standards and practices for the safe
transportation of gases and their containers. In this NPRM, we propose
to add to Sec.  171.7(n) the latest CGA publication C-1, Methods for
Pressure Testing Compressed Gas Cylinders. We also propose to update
the editions of CGA publications C-3, C-6, C-14, and S-1.1 already
incorporated in the HMR. The remaining changes to paragraph (n) are
editorial based on PHMSA's initiative to renumber the list to
accommodate the new publications and add missing section number
symbols, punctuation, and spaces. Also, note a weblink in the ADDRESSES
section of the introduction to this rulemaking to review these
publications during the comment period. The documents are summarized
below.
    The ASME publication is 2015 ASME Boiler and Pressure Vessel Code
(ASME Code) Section VIII--Rules for Construction of Pressure Vessels
Division 1. The publication provides requirements applicable to the
design, fabrication, inspection, testing, and certification of pressure
vessels operation at either internal or external pressures exceeding 15
psig. Division 1 also contains mandatory and nonmandatory appendices
detailing supplementary design criteria, nondestructive examination and
inspection acceptance standards. During the open comment period of this
NPRM, this publication is freely available on the ASME Web site at: