Hazardous Materials: Miscellaneous Amendments Pertaining to DOT-Specification Cylinders
| Published date | 28 December 2020 |
| Citation | 85 FR 85380 |
| Record Number | 2020-26264 |
| Section | Rules and Regulations |
| Court | Pipeline And Hazardous Materials Safety Administration |
Federal Register, Volume 85 Issue 248 (Monday, December 28, 2020)
[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Rules and Regulations]
[Pages 85380-85437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26264]
[[Page 85379]]
Vol. 85
Monday,
No. 248
December 28, 2020
Part IIIDepartment of Transportation-----------------------------------------------------------------------Pipeline and Hazardous Materials Safety Administration-----------------------------------------------------------------------49 CFR Parts 107, 171, 173, et al.Hazardous Materials: Miscellaneous Amendments Pertaining to DOT-
Specification Cylinders; Final Rule
Federal Register / Vol. 85 , No. 248 / Monday, December 28, 2020 /
Rules and Regulations
[[Page 85380]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 173, 178 and 180
[Docket No. PHMSA-2011-0140 (HM-234)]
RIN 2137-AE80
Hazardous Materials: Miscellaneous Amendments Pertaining to DOT-
Specification Cylinders
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) 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 agency review of compressed gas cylinder regulations.
Specifically, PHMSA is incorporating by reference or updating the
references to several Compressed Gas Association publications, amending
the filling requirements for compressed and liquefied gases, expanding
the use of salvage cylinders, and revising and clarifying the
manufacture and requalification requirements for cylinders.
DATES:
Effective date: January 27, 2021.
Incorporation by reference date: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register as of January 27, 2021. The incorporation by
reference of other publications listed in this rule were previously
approved by the Director of the Federal Register as of January 1, 2004
(ASTM E 8-99 and Welding Aluminum: Theory and Practice, Fourth Edition)
and May 11, 2020 (Transport Canada TDG Regulations).
Compliance Date: Unless otherwise specified, compliance with the
amendments adopted in this final rule is required beginning December
28, 2021.
FOR FURTHER INFORMATION CONTACT: Eamonn Patrick, 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 (202) 366-8553.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
II. ANPRM Background
III. NPRM Background
IV. Petitions for Rulemaking and Comments Received
V. Special Permits and Comments Received
VI. Agency Initiated Editorial Corrections
VII. Section-by-Section Review
VIII. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Final Rule
B. Executive Order 12866 and DOT Policies and Procedures for
Rulemakings
C. Executive Order 13771
D. Executive Order 13132
E. Executive Order 13175
F. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
G. Paperwork Reduction Act
H. Regulation Identifier Number (RIN)
I. Unfunded Mandates Reform Act of 1995
J. Environmental Assessment
K. Privacy Act
L. Executive Order 13609 and International Trade Analysis
M. National Technology Transfer and Advancement Act
I. Executive Summary
Cylinders filled with a Class 2 hazardous material (gas) or other
hazardous materials and offered for transportation must comply with
various requirements 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 repair, maintenance, and periodic
requalification of cylinders. Additionally, cylinders must meet other
requirements in the HMR, such as regulations that address the modal
requirements on cylinders in transportation including general handling,
loading, unloading, and stowage.
PHMSA (also referred to herein as ``we'' or ``us''), in response to
petitions for rulemaking submitted by stakeholders and an Agency
initiated review of the regulations, is making 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; and revising
and clarifying the manufacture and requalification requirements for
cylinders. This final rule is also presenting minor and miscellaneous
regulatory editorial corrections. These revisions are collectively
intended to result in a net reduction of regulatory burdens while
maintaining or enhancing the existing level of safety of hazardous
materials transported in cylinders. Based on the regulatory impact
analysis conducted in support of this final rule, PHMSA estimates that
adoption of this final rule will result in net cost savings of
approximately $.70 million over 10 years, or $70,000 annualized
(undiscounted).
II. ANPRM Background
On May 29, 2012, PHMSA published an Advance Notice of Proposed
Rulemaking (ANPRM) to obtain public comment from those likely to be
affected by the possible adoption of ten petitions for rulemaking and
three special permits (SP) into the HMR (77 FR 31551). Commenters
included cylinder manufacturers, 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. The ANPRM proposed
adopting the petitions for rulemaking and special permits to 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 a 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 supportive for all of the
petitions, with the exception of P-1515. PHMSA received four comments
regarding the 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:
[[Page 85381]]
Table 1--ANPRM Commenters and Associated Comment Docket No.
----------------------------------------------------------------------------------------------------------------
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 (CGA)........................... PHMSA-2011-0140-0005
PHMSA-2011-0140-0012
PHMSA-2011-0140-0013
PHMSA-2011-0140-0020
Council on Safe Transportation of Hazardous Articles, Inc. PHMSA-2011-0140-0026
(COSTHA).
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
----------------------------------------------------------------------------------------------------------------
Please see the HM-234 notice of proposed rulemaking (NPRM)
published on July 26, 2016 (81 FR 48978) for a detailed discussion of
comments made to the ANPRM.
III. NPRM Background
On July 26, 2016, PHMSA published an NPRM to obtain public comment
on changes proposed to the HMR (81 FR 48978). The NPRM addressed 20
total petitions, one special permit, and several PHMSA-initiated
editorial changes intended to clarify HMR requirements. After
publication of the NPRM, PHMSA received comments from 44 stakeholders
on the proposed changes. A table of commenters is shown in Table 2
below:
Table 2--NPRM Commenters and Associated Comment Docket No.
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Company Docket ID No.
----------------------------------------------------------------------------------------------------------------
Alaska Airlines............................................ PHMSA-2011-0140-0036
Amerex..................................................... PHMSA-2011-0140-0061
AmeriGas Propane, L.P...................................... PHMSA-2011-0140-0066
Amtrol..................................................... PHMSA-2011-0140-0063
PHMSA-2011-0140-0058
Bancroft Hinchey Inc....................................... PHMSA-2011-0140-0071
Compressed Gas Association (CGA)........................... PHMSA-2011-0140-0052
Council on Safe Transportation of Hazardous Articles PHMSA-2011-0140-0083
(COSTHA).
CTC (Certified Training Co.)............................... PHMSA-2011-0140-0057
PHMSA-2011-0140-0042
Danko Emergency Equipment Co............................... PHMSA-2011-0140-0044
Dow Chemical Company....................................... PHMSA-2011-0140-0060
Entegris................................................... PHMSA-2011-0140-0082
FIBA....................................................... PHMSA-2011-0140-0074
PHMSA-2011-0140-0041
Fike Corporation........................................... PHMSA-2011-0140-0077
Fire Suppression Systems Association (FSSA)................ PHMSA-2011-0140-0047
Firehouse Hydro Sales and Service.......................... PHMSA-2011-0140-0067
Ford Motor Company......................................... PHMSA-2011-0140-0055
Galiso Incorporated........................................ PHMSA-2011-0140-0062
Hidroprob S.A.............................................. PHMSA-2011-0140-0079
HMT Associates, LLC........................................ PHMSA-2011-0140-0049
Honeywell.................................................. PHMSA-2011-0140-0084
Hydro-Test Products Inc.................................... PHMSA-2011-0140-0033
Independent Cylinder Training (ICT)........................ PHMSA-2011-0140-0068
Janus Fire Systems......................................... PHMSA-2011-0140-0069
Kidde-Fenwal, Inc.......................................... PHMSA-2011-0140-0065
Manchester Tank............................................ PHMSA-2011-0140-0050
Wesley Scott............................................... PHMSA-2011-0140-0080
Chart, Inc................................................. PHMSA-2011-0140-0078
Guardian Services, Inc..................................... PHMSA-2011-0140-0072
Joshua Blake............................................... PHMSA-2011-0140-0059
Jeff Elliot................................................ PHMSA-2011-0140-0043
David Felkins.............................................. PHMSA-2011-0140-0035
W Andrews.................................................. PHMSA-2011-0140-0034
[[Page 85382]]
Katherine Bowman........................................... PHMSA-2011-0140-0032
National Association of Fire Equipment Distributors........ PHMSA-2011-0140-0053
National Propane Gas Association........................... PHMSA-2011-0140-0070
Noble Gas Solutions........................................ PHMSA-2011-0140-0045
Northeast Pressure Vessel Testing.......................... PHMSA-2011-0140-0046
Praxair.................................................... PHMSA-2011-0140-0073
Quality Safety Solutions, LLC.............................. PHMSA-2011-0140-0040
Scuba Do................................................... PHMSA-2011-0140-0081
Steve Gentry............................................... PHMSA-2011-0140-0086
The Chemours Company FC, LLC............................... PHMSA-2011-0140-0054
Thunderbird Cylinder....................................... PHMSA-2011-0140-0037
Worthington Cylinder....................................... PHMSA-2011-0140-0064
----------------------------------------------------------------------------------------------------------------
Most comments addressed more than one change proposed in the NPRM.
The comments are discussed below in the context of each petition or
other proposed changes it addresses.
IV. Petitions for Rulemaking and Comments Received
Table 3 lists the petitions included in the docket for this
proceeding. The NPRM addressed 20 total petitions. The table below
provides the petition number, the petitioner's name, the docket number
on www.regulations.gov, a summary of the request(s), the affected 49
CFR sections, whether PHMSA proposed to adopt the petition in the NPRM,
and the decision to adopt, adopt in part, or not adopt the petition in
this final rule.
Table 3--Petition Summary
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Petition No. Petitioner Docket No. Summary Affected sections Proposed to adopt? Adopted?
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P-1499............. Compressed Gas PHMSA-2007-28485........... Replace the Sec. Sec. Proposed to adopt. Adopted.
Association. incorporated by 171.7; 172.102
reference (IBR) (SP 338);
Seventh Edition of the 173.3(d)(9);
CGA C-6 Standards for 173.198(a);
Visual Inspection of 180.205(f)(1);
Steel Compressed Gas 180.209(c),
Cylinders with the (b)(1)(iii), (d),
revised Tenth Edition (f), (g), (m);
and update the 180.211(d)(1)(ii)
appropriate references ; 180.411(b);
throughout the HMR. 180.510(c).
P-1501............. Compressed Gas PHMSA-2007-28759........... Revise the Sec. Sec. Proposed to adopt Adopted in part.
Association. specification 178.50, 178.51, in part.
requirements for 4B, 178.61, 178.68.
4BA, 4BW, and 4E
cylinders to provide
clarity.
P-1515............. Certified Training PHMSA-2008-0101............ Adopt changes to the Sec. Sec. Proposed to adopt, Adopted in part.
Company. requalification 180.203, 180.205, except those
process designed to 180.207, 180.209, changes not
clarify the 180.211, 180.212, necessary because
regulations in the 180.213, and of incorporation
event CGA Standard C- 180.215 and by reference of
1, Methods of Pressure appendices C and CGA C-1 under P-
Testing Compressed Gas E to part 180. 1626.
Cylinders, is not
incorporated.
P-1521............. Compressed Gas PHMSA-2008-0152............ Allow the use of labels Sec. Proposed to adopt. n/a; addressed by
Association. described in CGA C-7- 172.400a(a)(1)(i). another
2004 on a cylinder rulemaking.
contained in an
overpack.
P-1538............. The Wicks Group, PHMSA-2009-0138............ Allow Sec. Sec. Sec. Not proposed to Not adopted.
representing 173.306(a)(1) to 171.8, adopt.
Jetboil Inc. permit camping stove 173.306(a)(1).
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, 3AA, 3AL Sec. 180.209(a). Not proposed to Not adopted.
cylinders in Division adopt.
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. 178.35(f).. Proposed to adopt. Adopted.
Association. manufactured 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 used as Sec. 173.309(a). Proposed to adopt. Adopted in part.
Services, Inc. a component of a fixed
fire suppression
system to be
transported under the
exceptions applicable
to fire extinguishers.
[[Page 85383]]
P-1560............. Air Products and PHMSA-2010-0176............ Modify the maximum Sec. Not proposed to Not adopted.
Chemicals, Inc. permitted filling 173.304a(a)(2). adopt. Addressed
densities for carbon by revisions made
dioxide and nitrous under rulemaking
oxide to include HM-233F [81 FR
70.3%, 73.2%, and 3635].
74.5% in DOT 3A, 3AA,
3AX, 3AAX, and 3T
cylinders.
P-1563............. Regulatory Affairs PHMSA-2010-0208............ Authorize an Sec. n/a; We asked for Not adopted.
Management ``overpack'' as a 173.301(a)(9). further comment.
Center--3M strong outer package
Package for cylinders listed
Engineering, in the section, except
Global Dangerous aerosols ``2P'' and
Goods. ``2Q,'' marked with
the phrase ``inner
packagings conform to
the prescribed
specifications''.
P-1572............. Barlen and PHMSA-2011-0017............ Revise the filling Sec. Sec. Proposed to adopt, Adopted, in part.
Associates, Inc. ratio for liquefied 173.301(g)(1)(ii) in part.
compressed gases in and 173.312.
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 burst Sec. Sec. Proposed to adopt. Adopted.
pressure of the 173.301(f)(4),
rupture disc on a 173.302(f)(2),
cylinder ``shall not 173.304(f)(2).
exceed 80% of the
minimum cylinder burst
pressure and shall not
be less than 105% of
the cylinder test
pressure'' for DOT 39
cylinders containing
oxidizing gas
transported by
aircraft.
P-1582............. Water Systems PHMSA-2011-0135............ Revise the limited Sec. 173.306(g). Proposed to adopt. Adopted.
Council. 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, 2011 Sec. Sec. Proposed to adopt. Adopted.
Association. Pressure Relief Device 173.301(c), (f)
Standards, Part 1, and (g),
Cylinder for 173.302a(c),
Compressed Gas, 173.304a(e),
Fourteenth Edition. 178.75(f).
P-1596............. Chemically PHMSA-2012-0200............ Add Class 4 and Class 5 Sec. 173.3(d)(1) Proposed to adopt. Adopted.
Speaking, LLC. hazardous materials to
the hazard classes in
an authorized salvage
cylinders.
P-1622............. Worthington PHMSA-2013-0210............ Restrict the internal Sec. Proposed to adopt. Adopted in part.
Cylinder. volume of hazardous 173.304a(a)(2)
materials shipped in a and (3).
DOT-specification 39
cylinder to not exceed
75 cubic inches.
P-1626............. Compressed Gas PHMSA-2013-0265............ IBR CGA C-1-2009, Sec. Sec. Proposed to adopt. Adopted.
Association. Methods for Pressure 171.7, 178.36,
Testing Compressed Gas 178.37, 178.38,
Cylinders, Tenth 178.39, 178.42,
Edition (C-1, 2009) as 178.44, 178.45,
a reference in 49 CFR, 178.46, 178.47,
and provide for 178.50, 178.51,
specific language for 178.53, 178.55,
sections 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-3-2005, Sec. Sec. Proposed to adopt. Adopted.
Association. Reaffirmed 2011, 171.7, 178.47,
Standards for Welding 178.50, 178.51,
on Thin-Walled, Steel 178.53, 178.55,
Cylinders, Seventh 178.56, 178.57,
Edition. 178.58, 178.59,
178.60, 178.61,
178.65, 178.68,
180.211.
[[Page 85384]]
P-1629............. Compressed Gas PHMSA-2014-0012............ IBR CGA C-14-2005, Sec. Sec. Proposed to adopt. Adopted.
Association. Reaffirmed 2010, 171.7, 173.301,
Procedures for Fire 173.323.
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. Proposed to adopt. Not adopted.
Association. ``recondition'' for 180.203 and
DOT-4L welded 180.211(c) and
insulated cylinders (e).
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.
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P-1499
The Compressed Gas Association (CGA) submitted P-1499 requesting
that PHMSA incorporate by reference the Tenth Edition of its
publication C-6, dated 2005, Standards for Visual Inspection of Steel
Compressed Gas Cylinders (CGA C-6), replacing the Seventh Edition, and
update the appropriate references throughout the HMR. The Tenth Edition
of the CGA C-6 provides enhanced guidance for cylinder requalifiers--
including guidance on the inspection of Multiple-Element Gas Containers
(MEGCs) and thread inspection for cylinders used in corrosive gas
service--and clarifies maximum allowable depths and measuring
techniques for various types of corrosion.
PHMSA agrees that the CGA C-6 Tenth Edition provides improved and
updated guidance on inspecting MEGCs. After the submission of this
petition, the Eleventh Edition of the CGA C-6, dated 2013, was made
available. PHMSA, therefore, proposed in the NPRM to update the
incorporated by reference version of CGA C-6 to the Eleventh Edition.
PHMSA determined that the changes from the Tenth to the Eleventh
Editions were minor and improved safety, while not imposing any
additional burdens on the regulated community.
Comments. Bancroft Hinchey, Worthington Cylinder, the National
Association of Fire Equipment Distributors (NAFED) and CGA submitted
comments supporting incorporation by reference of the Eleventh Edition
of CGA C-6. Thunderbird Cylinder submitted a comment requesting
revisions to CGA publication C-6.1, Standards for Visual Inspection of
High Pressure Aluminum Compressed Gas Cylinders and CGA publication C-
11, Recommended Practices for Inspection of Compressed Gas Cylinders at
Time of Manufacture.
PHMSA response. In this final rule, PHMSA is incorporating by
reference the Eleventh Edition of the CGA C-6, as proposed. The Tenth
Edition of the CGA C-6 provides enhanced guidance for cylinder
requalifiers--including guidance on the inspection of Multiple-Element
Gas Containers (MEGCs) and thread inspection for cylinders used in
corrosive gas service--and clarifies maximum allowable depths and
measuring techniques for various types of corrosion. PHMSA has
determined that the changes from the Tenth to the Eleventh Editions
were minor and improved safety, while not imposing any additional
burdens on the regulated community. The Eleventh edition of CGA C-6 is
available for purchase online and will be available for public
inspection at the Hazardous Material Information Center after
publication of the final rule.
Thunderbird Cylinder's comment is beyond the scope of this
rulemaking, but we encourage Thunderbird Cylinder or other interested
parties to reach out to CGA regarding potential revisions to its
publications and then, if warranted, to submit separate petitions for
rulemaking requesting that PHMSA incorporate by reference the revised
versions of CGA C-6.1 and C-11, respectively.
P-1501
CGA submitted P-1501 requesting that PHMSA revise the manufacturing
requirements for DOT 4B, 4BA, 4BW, and 4E specification cylinders. CGA
contends in their petition that the DOT 4-series welded cylinder
manufacturing specification standards in the HMR are unclear in some
respects and result in varied interpretations of what is required of
manufacturers by both manufacturers and enforcement personnel. CGA
states in the petition that their proposed changes do not present a
significant economic impact to any single manufacturer or user, yet
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 (ISO 4706-1), which is referenced in the UN
Model Regulations. The HMR currently incorporates ISO 4706-1 into Sec.
178.71 as an authorized standard for the design and construction of UN
pressure receptacles.
Comments. CGA submitted a comment reiterating their support for
adoption of P-1501. Bancroft Hinchey submitted a comment supporting all
proposed changes to the manufacturing specifications in Sec. Sec.
178.36-178.70.
A summary of the specific changes proposed by P-1501, the comments
received relative to the proposed changes, if any, and PHMSA's position
and/or action 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.
Comments. We did not receive any comments regarding either
proposal.
PHMSA response. The provision regarding materials manufactured
outside the United States having a ladle analysis confirmed by a check
analysis is not necessary because Sec. 178.35(c)(2) requires
inspectors to verify that 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
[[Page 85385]]
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. A cylinder made of material within specified tolerances is
less susceptible to deterioration or failure from the wear and tear on
a cylinder from pressure cycling and exposure to pressurized gases.
PHMSA, therefore, is adopting the requirement for manufacturers to
maintain a record of intentionally added alloying elements, as
proposed.
(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.
Given the added risk associated with pneumatic testing (i.e., using
pressurized gas for testing) and that there are suitable alternatives
to determine whether a cylinder has a leak at the time of manufacture,
PHMSA did not propose to permit the use of pneumatic proof pressure
testing in the NPRM.
Comments. Fike Corporation, the National Propane Gas Association
(NPGA), AmeriGas Propane, Amtrol, Worthington Cylinder (Worthington)
and Manchester Tank (Manchester) submitted comments opposing PHMSA's
decision to not permit the use of pneumatic proof pressure testing.
Bancroft Hinchey and NAFED submitted comments supporting our decision
to not permit the use of pneumatic proof pressure testing.
PHMSA response. This final rule allows manufacturers to conduct
pneumatic proof pressure tests, when proof pressure tests are
authorized in part 178, subpart C. PHMSA is convinced by the comments
from Fike, NPGA, Amerigas, Amtrol, Worthington, and Manchester that
manufacturers currently account for the additional risks created by
pneumatic proof pressure testing. PHMSA would like to emphasize that
pneumatic proof pressure test systems can present increased risks to
test personnel due to the amount of energy stored in a cylinder filled
to test pressure with a gas. This stored energy, if released due to a
cylinder failure, is sufficient to cause serious injury or death.
Manufacturers must take this risk into account and develop systems to
prevent the death or injury of their employees in the event of a
catastrophic cylinder rupture at test pressure. The use of additional
safety equipment such as blast shields, test cages, etc., is advisable
to prevent possible injury to testing personnel and equipment.
(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.
(a) Elongation Criteria
Fike Corporation submitted a comment requesting that we review the
proposed revisions to the elongation criteria for specimens taken from
DOT 4B, 4BA and 4BW cylinders under Sec. Sec. 178.50, 178.51, and
178.61, based on its opinion that we should not revise the criteria at
this time.
PHMSA response. We agree with Fike Corporation's comment that PHMSA
should not revise the elongation criteria. In reviewing the proposed
changes based on comments received, we solicited comment from Steve
Gentry, the original submitter of the elongation criteria modification
to CGA, to provide additional justification for changing the elongation
requirement to 20 percent for all specimens, regardless of gauge length
in making our final determination on the proposed language based on
CGA's petition.
Mr. Gentry justified the requested change based on international
harmonization and consistency with other elongation criteria
calculations in the HMR. However, PHMSA does not believe these
justifications warrant making the requested change. First, changing the
elongation requirement will not assist in harmonizing with
international standards at this time. A review of Transport Canada
standard B339-18 shows that Canada has not revised cylinder
manufacturing standards to require a 20 percent elongation for all
specimens (e.g. see CSA B339-18 5.8.3). Second, we believe that
changing the elongation criteria will introduce confusion to the
detriment of compliance with no measurable safety benefit. Current
elongation criteria are well understood in the industry and we do not
believe we have enough information at this time to make the requested
change.
Additionally, in response to Mr. Gentry's final justification, we
do not believe that the current elongation criteria for two inch
specimens conflicts with the ``24t'' formula in Sec. Sec.
178.50(k)(2), 178.51(j)(2), and 178.61(k)(2). In Sec. Sec.
178.50(k)(2), 178.51(j)(2), and 178.61(k)(2), cylinder manufacturers
may choose to conduct elongation tests on cylinder specimens with a set
length of eight inches or two inches with width not over 1.5 inches, or
use a cylinder specimen with a gauge length of 24 times the thickness
of the wall with width not over 6 times the thickness, commonly known
as a ``24t'' gauge length. Cylinder specimens with a gauge length of 2
inches must achieve elongation of at least 40 percent, while all other
gauge lengths (i.e., the 24t gauge length) must achieve an elongation
of at least 20 percent. Mr. Gentry identified several specific
instances where a cylinder manufacturer utilizing the 24t gauge length
option would use a calculated gauge length very close to 2 inches (e.g.
a cylinder with a wall thickness of .0835 inches would, using the 24t
formula, have a specimen 2.004 inches long) which would be subject to
an elongation requirement of 20 percent, rather than the 40 percent
requirement for a standard 2-inch gauge specimen. Mr. Gentry believes
that the 20 percent elongation requirement for the 2.004 inch x .501-
inch specimen calculated using the 24t method conflicts with the 40
percent elongation requirement for the 2 inch x 1\1/2\ inch specimen.
A direct elongation comparison between specimens with 24t gauge
length (GL) x 6t wide, and 2'' GL x 1\1/2\'' width, however, is not
valid because the load resisting cross-sectional areas are not the same
even when nearly the same gauge lengths are used for both specimens.
Essentially the ``24t'' gauge length specimen and the 2-inch specimen
cannot be directly compared because their cross-sectional areas are
different; therefore, it is correct to have different elongation
criteria even when the ``24t'' specimen is very nearly 2 inches long.
PHMSA acknowledges that there may be room for improvement of the DOT 4-
series cylinder elongation criteria associated with the physical and
flattening tests and plans to continue reviewing the criteria for
possible changes.
(b) Non-Destructive Examination
Fike Corporation submitted an additional comment opposing the
proposed requirement to examine circumferential welds in addition to
longitudinal welds using radioscopic or radiographic examination under
proposed Sec. 178.61(f), indicating that it believes this is a
significant change. Regarding Fike Corporation's comments on
radioscopic or radiographic examination applicability, we agree.
[[Page 85386]]
The current requirements in Sec. 178.61(d)(3)(ii) require radioscopic
or radiographic examination of the longitudinal weld only, except in
the case of spot radioscopy or radiography. It was not our intent to
impose new weld radioscopy or radiography requirements in this final
rule. Therefore, in this final rule we are modifying the requirements
in Sec. 178.61(d)(5) to clarify that radioscopic or radiographic
examination of the circumferential weld is not required, except as part
of spot radioscopy or radiography. Additionally, we are moving the
proposed radiography examination language from Sec. 178.61(f) to Sec.
178.61(d)(5) in order to improve the organization of, and therefore,
understanding of the section.
(c) Specimen Test Failure
In the NPRM, we proposed to amend the rejected cylinder paragraphs
for 4B, 4BA and 4E cylinders to align them with the provisions for 4BW
cylinders. Specifically, we proposed to add a provision to Sec. Sec.
178.50(n), 178.51(m), and 178.68(m) that would allow two additional
specimens to be selected from the same lot and subjected to the
prescribed test. If either of the two specimens failed the test, the
entire lot would be rejected.
No rationale was presented in P-1501 for this change. Moreover, we
received no comments on these specific provisions. We do not believe
that a change to cylinder rejection criteria is warranted at this time
because we do not have enough supporting information to justify the
change, and therefore we will not amend the rejected cylinder language
in this final rule. We may consider this action in a future rulemaking.
(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.
We received no comments regarding this item and are adopting the
revision as proposed.
(5) Add additional options for the location of markings on DOT 4E
cylinders in Sec. 178.68.
We received no comments regarding this item and are adopting the
addition as proposed.
(6) Determination of Expansion.
Related to P-1501, Worthington Cylinder submitted a comment
requesting that we eliminate the requirement to determine expansion for
non-spherical 4B, 4BA, and 4BW cylinders at time of manufacture. This
comment is beyond the scope of this rulemaking. We encourage
Worthington Cylinder or other interested parties to submit petitions on
this issue.
(7) Correction.
In the review of the NPRM, PHMSA determined that we inadvertently
replaced the word ``rejected'' with ``condemned'' in several places in
Sec. Sec. 178.50, 178.51, 178.61, and 178.68. This was not our intent.
In this final rule, we will maintain the HMR's existing language for
cylinders rejected during manufacture.
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. Part 180, subpart C includes 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.
Many changes proposed in P-1515 were intended to align the requirements
in part 180, subpart C with an industry standard for the
requalification of gas cylinders known as CGA C-1, Methods for Pressure
Testing Compressed Gas Cylinders (CGA C-1). CTC acknowledged that the
preferred outcome would be to incorporate by reference CGA C-1 into
part 180, subpart C, but the petitioner presented an option whereby
PHMSA could adopt many of the provisions of CGA C-1 into the current
structure of the HMR without incorporating CGA C-1.
Many of P-1515's proposed changes were only requested in the event
that PHMSA chose not to adopt P-1626. P-1626 requested that PHMSA
incorporate by reference CGA C-1 into part 180, subpart C. In the NPRM,
PHMSA proposed to incorporate CGA C-1 (Eleventh Edition) into part 180,
subpart C in addition to the numerous changes suggested by P-1515. CTC,
along with numerous others, submitted extensive comments regarding this
action. In this final rule, we will incorporate the Eleventh Edition of
CGA C-1 for the requalification of compressed gas cylinders, which
renders many of P-1515's proposed changes moot. Please see our
discussion of P-1626 for additional discussion of CGA C-1 and revisions
to the structure of part 180, subpart C.
(1) Comments Related to the Incorporation by Reference of CGA C-1
(a) Definitions
Certified Training Company (CTC) and Bancroft Hinchey submitted
comments opposing our proposed inclusion of additional definitions for
cylinder requalification terms in Sec. 180.203, which were intended to
bring the HMR into alignment with CGA C-1. CTC also suggested we delete
other long-standing definitions in Sec. 180.203 because they did not
align with CGA C-1's definitions.
PHMSA response. We agree with CTC and Bancroft Hinchey's comments
to remove the definitions of ``Accuracy,'' ``Accuracy grade,'' ``Actual
test pressure,'' ``Calibrated cylinder,'' ``Defect,'' ``Elastic
expansion,'' ``Error,'' ``Master gauge,'' ``Percent permanent
expansion,'' ``Permanent expansion,'' ``Reference gauge,''
``Rejected,'' ``Service pressure,'' ``Test pressure,'' ``Total
expansion,'' ``Visual inspection,'' and ``Volumetric expansion test''
from Sec. 180.203. We are incorporating by reference CGA C-1 into the
HMR and these terms are all defined in this industry standard; thus,
codification of the definitions in Sec. 180.203 is redundant and this
provides us an opportunity to reduce the size of the HMR. However,
PHMSA has decided to keep the definition of ``condemn'' because Sec.
180.205(i) will continue to discuss condemnation criteria in greater
detail than CGA C-1 does and we believe maintaining the definition in
Sec. 180.203 will increase clarity for cylinder requalifiers.
(b) Incorporation of CGA C-1 Into Sec. 180.205(g)
CTC and Bancroft Hinchey noted that the NPRM did not incorporate by
reference CGA C-1 into Sec. 180.205(g), which was PHMSA's stated
intent in the NPRM preamble. Section 180.205(g) is a crucial paragraph
for cylinder requalifications that contains instructions on how to
conduct the pressure test that is used to requalify a cylinder for
future use or condemn it. By incorporating CGA C-1 into Sec.
180.205(g), we will require cylinder requalifiers to comply with the
instructions in CGA C-1 when conducting pressure tests. These
instructions offer more guidance and include helpful diagrams and
examples that decrease compliance burdens compared to the current
instructions in Sec. 180.205(g).
PHMSA response. We agree with CTC and Bancroft Hinchey's comments.
It was our intent to incorporate CGA C-1 for the requalification of DOT
[[Page 85387]]
specification cylinders, therefore, in this final rule we are including
a reference to CGA C-1 (Eleventh Edition) in Sec. 180.205(g).
(c) Streamlining of Existing Regulatory Text
CTC and CGA noted that since we proposed to adopt P-1626, there was
an opportunity to streamline the HMR's cylinder requalification
instructions significantly by revising Sec. 180.205(g) to require
compliance with CGA C-1, rather than maintaining the existing
instructions for pressure tests. CTC and CGA commented that maintaining
two sets of instructions would generate confusion and frustration.
PHMSA response. We agree with CTC and CGA's comments to revise
existing Sec. 180.205(g). This final rule removes the existing
language in the HMR on conducting volumetric expansion testing from
Sec. 180.205(g) and replaces it with instructions to conduct
requalification in accordance with CGA C-1. These revisions will help
to reduce confusion and improve compliance without increasing burdens
on the regulated community while meeting our stated intent in the NPRM
to adopt the CGA C-1 standard as the industry standard for performance
of inspection and testing for requalification and continued service of
cylinders.
(d) Accuracy Requirements
In the NPRM, PHMSA proposed to align with ISO requirements by
requiring the pressure indicating device (PID) to meet ``Industrial
Class 1 (1% deviation from the end value).'' CGA, Hidroprob
SA, Bancroft Hinchey, and Galiso identified this change as problematic
because it conflicts with the accuracy grade requirements for PIDs
found in CGA C-1.
PHMSA response. Hidroprob S.A., Bancroft Hinchey, Galiso, and CGA's
comments regarding device accuracy are correct, and contributed to our
decision to not adopt the proposed changes in Sec. 180.205(g) and
simplify requirements by adopting CGA C-1 into the section. In this
final rule, we will not adopt the proposed changes to device accuracy
in Sec. 180.205(g). In this final rule, we will maintain the HMR's
current PID accuracy requirements in Sec. 180.205(g)(3)(i). Voluntary
compliance with CGA C-1 5.3.2.2 is authorized and will meet the HMR's
accuracy requirements for PIDs used for cylinder requalification, as
will the practice of demonstrating accuracy through maintenance of a
calibration certificate showing the gauge has been certified to meet
the accuracy requirements at lower points. See discussion of PID
accuracy in P-1626 for further information on this decision.
(e) Condemnation Criteria for Repeat Tests
CTC and Bancroft Hinchey submitted comments requesting we revise
the condemnation criteria for cylinders that are subjected to a
repeated test due to equipment malfunction or operator error to 5
percent permanent expansion, rather than 10 percent. CTC states that
increasing the pressure by 10 percent, or 100 psig for the repeat test,
is not enough to ensure that an unsafe cylinder exhibits a permanent
expansion over 10 percent. Bancroft Hinchey states that an increase of
10 percent/100psi can be insufficient to give measurable plastic
deformation and resultant permanent expansion >10 percent due to the
gradient of the load/extension curve immediately after yield point. An
increase of 100psi at a (minimum) test pressure of 3000 psi (the lowest
pressure above 3000) represents a pressure increase of only 3100/3000 =
3.3 percent and is unlikely to give a resultant 10 percent plastic
deformation.
PHMSA response. We do not agree with CTC and Bancroft Hinchey's
comments to change the condemnation criteria for cylinders in this
case. CGA C-1 limits cylinder requalifiers to only two repeated tests
in the event of equipment malfunction or operator error, and we do not
believe that there is a safety justification to change the condemnation
criteria to permanent expansion that is 5 percent of total expansion in
cases where a repeat test is conducted. We acknowledge that repeated
tests may result in some stretching of the cylinder, resulting in
cylinders passing requalification that may have otherwise failed;
however, this risk is minimized by limiting requalifiers to a maximum
of two repeat tests in the event of equipment failure or operator
error. Further, this provision does not authorize the retest of a
cylinder otherwise required to be condemned by Sec. 180.205(i). The
final rule, therefore, does not change the condemnation criteria for
cylinders subjected to a repeat test.
(f) Letters of Interpretation
In P-1515, CTC further requested that PHMSA rescind two letters of
interpretation (Reference Nos. 00-0309 and 05-0087) that discuss the
number of repeat tests allowed in the event of equipment malfunction
and required hold time for pressure tests, respectively. Bancroft
Hinchey supports retracting these letters of interpretation.
PHMSA response. We agree that adopting CGA C-1 will eliminate the
confusion regarding the number of permitted repeat tests in case of
system failure or operator error, as well as the required pressure hold
time, that the letters of interpretation attempted to clarify. This
final rule supersedes the two letters of interpretation. Affected
entities should not rely on 00-0309 and 05-0087 because they are no
longer valid and will be removed from our website.
(2) Comments Related to Sec. 180.205
(a) Grinding and Sanding
NPGA and Amerigas opposed the proposed changes in Sec.
180.205(d)(4) and (f)(5) regarding grinding and sanding of cylinders.
Bancroft Hinchey submitted a comment supporting the proposed changes in
Sec. 180.205(d)(4).
PHMSA response. Our intent in Sec. 180.205(d)(4) and (f)(5) is to
address methods of cleaning or repair that remove wall thickness from
the cylinder. Cleaning methods, regardless of the tool used, that only
remove loose debris or paint from the cylinder while not removing wall
thickness are not considered ``grinding.'' In this final rule we modify
Sec. 180.205(d)(4) and (f)(5) to clarify our intent and to authorize
grinding or sanding performed by any authorized repair facility.
(b) Reordering of Condemnation Criteria
CTC submitted a comment requesting that we swap Sec.
180.205(i)(1)(v) and (vi) in order to have the condemnation criteria
for DOT 4E cylinders immediately follow the general requirements in
Sec. 180.205(i)(1)(iv).
PHMSA response. We do not agree with CTC's comment to re-order
Sec. 180.205(i)(1). Changing the citations for the condemnation
criteria section will result in increased confusion and we do not
believe it is in the best interest of safety.
(c) Additional Condemnation Criteria
Bancroft-Hinchey commented that we should add one additional
criterion to Sec. 180.205(d), Conditions requiring tests and
inspections of cylinders, for cases where a cylinder is discovered with
incorrect markings.
PHMSA response. We are not adopting the suggested change in
Bancroft-Hinchey's comment. They did not provide enough information to
make a judgement on the merits of the proposal. The public may make a
separate petition further explaining the issue.
[[Page 85388]]
(3) Comments Related to Sec. 180.207
(a) Deletion of Sec. 180.207(a) and (b)
Certified Training Company (CTC) submitted a comment requesting
that we delete Sec. 180.207(a) and (b), because these instructions
could be combined with Sec. 180.205(c).
PHMSA response. While we agree with CTC that these paragraphs serve
similar purposes, we do not agree with CTC's comment to delete Sec.
180.207(a) and (b) and consolidate them into Sec. 180.205(c). The
current structure of the HMR generally separates instructions for DOT
specification cylinders and UN ISO pressure receptacles because of
differences in their design and construction. These paragraphs in Sec.
180.207 are necessary to provide enforceable instructions for shippers
and fillers of UN pressure receptacles separately from shippers and
fillers of DOT specification cylinders.
(b) Ultrasonic Examination for High Tensile Strength UN Pressure
Receptacles
CTC and Worthington submitted a comment requesting that we remove
language from Sec. 180.207(d) that requires ultrasonic examination
(UE) of certain UN pressure receptacles.
PHMSA response. We do not agree with CTC and Worthington's comment
to remove the requirement that UN cylinders with a tensile strength
greater than or equal to 950 MPa must be requalified by UE in
accordance with ISO 6406 in Sec. 180.207(d)(1). This requirement
serves an important safety purpose. High strength steels exhibit a
reduction of fatigue stress endurance during requalification and are
therefore unsuitable for pressure testing. In general, the fatigue
stress endurance limits increase with increasing ultimate tensile
strength (the specifics are alloy dependent). At a certain ultimate
tensile strength level, the fatigue stress endurance limit is
drastically reduced with increasing tensile strength due to notch
sensitivity. Increased notch sensitivity is a result of finer
microstructural features that lead microstructural damage evolution
(dislocation slips eventually accumulating to micro void coalescence
and the initiation of a fatigue crack). Performing UE of high-strength
seamless steel during requalification will detect fatigue cracks in
cylinders/tubes while hydrostatic testing coupled with visual
inspection has a significantly lower probability of detecting any
fatigue cracks in cylinders/tubes. Therefore, we are continuing to
require UE for UN cylinders with a tensile strength greater than or
equal to 950 MPa.
(c) Acetylene Test Interval
During review of the NPRM, we noted that the proposed revisions to
Sec. 180.207(d)(3) for dissolved acetylene UN cylinders were not in
alignment with the suggested test intervals in ISO 10462(E) or ISO
10462 2013(E). Therefore, in the final rule, we will not make the
proposed changes to Sec. 180.207(d)(3).
(4) Comments Related to Sec. 180.209
(a) Revisions to Requalification of Cylinders Table
CTC and Independent Cylinder Training (ICT) submitted comments
requesting we replace ``DOT 3'' with ``ICC 3'' and CTC and Bancroft
Hinchey's comment to re-insert ``10'' for DOT 3A and 3AA and ``7'' for
4B, 4BA, 4BW cylinders in Sec. 180.209(a) Table 1.
PHMSA response. We agree with CTC, ICT, and Bancroft Hinchey that
there are errors in the table in Sec. 180.209(a) Table 1. However, we
proposed changes to Sec. 180.209(a) Table 1 in a different rulemaking
\1\ and will take no action in this rulemaking to avoid potential for
complication and confusion.
---------------------------------------------------------------------------
\1\ See Response to an Industry Petition to Reduce Regulatory
Burden for Cylinder Requalification Requirements, NPRM, 84 FR 38180
(Aug. 6, 2019).
---------------------------------------------------------------------------
(b) Foreign Cylinders
CTC and Wesley Scott submitted comments requesting that we change
the requalification requirements for foreign cylinders in Sec. 180.209
Table 1.
PHMSA response. We do not agree with CTC and Wesley Scott's
comments regarding test pressure of foreign cylinders in Sec.
180.209(a) Table 1. Foreign-marked ISO cylinders are subject to the
requirements of Sec. 180.207, and would not be subject to test at \5/
3\ of service pressure. Therefore, we will not change this requirement
in Table 1.
(c) Footnote 1
CTC, ICT, Hydro-Test Products and COSTHA's comments noted that we
inadvertently deleted Footnote 1 of Table 1 in Sec. 180.209 and
requested that we reinsert the footnote.
PHMSA response. It was not our intent to change the requirements
applicable to these small cylinders. In this final rule, we are not
making any of the proposed changes to the table in Sec. 180.209 to
avoid conflicts with other rulemaking efforts. In this final rule, we
are not removing Footnote 1 of Table 1 in Sec. 180.209.
(d) Special Filling Limits (``+'' Mark) Relocation
In P-1515, CTC requested that we move the requirements for special
filling limits for DOT 3A, 3AX, 3AA, 3AAX and 3T cylinders found in
Sec. 173.302a(b) to Sec. 180.209. We did not propose to take this
action in the NPRM. CTC submitted a comment to the NPRM requesting that
we reconsider our decision not to propose the change.
PHMSA response. We disagree with CTC's request to move the current
requirements in Sec. 173.302a(b) (``Special filling limits for DOT 3A,
3AX, 3AA, 3AAX and 3T cylinders'') to Sec. 180.209. The requirements
in Sec. 173.302a(b) deal with filling, and are properly placed in a
filling section rather than a requalification section. Moving the
requirements to a requalification section in part 180 would create
unnecessary confusion. We additionally disagree with CTC's request to
modify the language in Sec. 173.302a(b) to remove the table of steel
types, average wall stress limitation, and maximum wall stress
limitation. We acknowledge that this information can be found in CGA C-
5, which is incorporated by reference into the section, but we continue
to see value in reproducing the table in the HMR for accessibility
purposes. We did not propose this change in the NPRM, and we will not
adopt this change in the final rule.
(e) 10-Year Requalification Condition Revisions (``Star'' Mark)
CTC submitted a comment regarding the applicability of the ``star''
marking for 10-year requalification in Sec. 180.209(b), specifically
requesting that we modify the change proposed in the NPRM to allow
cylinders used in vehicles to continue to take the exception.
PHMSA response. PHMSA is not changing the applicability of the 10-
year requalification to prohibit cylinders used in clusters, banks,
groups, racks, or vehicles. If fillers are not removing these cylinders
from the cluster, bank, group, rack, or vehicle, as stated by CTC in P-
1515, then they may not use the exception unless they have been issued
a special permit. Changing the applicability of the exception is not an
appropriate way to deal with this supposed compliance problem. We
encourage cylinder users and fillers to re-familiarize themselves with
the conditions for the 10-year requalification for DOT 3A and 3AA
cylinders.
[[Page 85389]]
(f) 10-Year Requalification Expansion Limit
ICT and Bancroft Hinchey also commented about their opposition to
another part of this proposed change to Sec. 180.209(b), namely the
new limit of 5 percent permanent expansion for these cylinders.
PHMSA response. In this final rule, we are not modifying the
applicability of the exception or creating a new permanent expansion
limit. We are, however, modifying the exception by removing the
``hammer test,'' as requested in P-1515 and proposed in the NPRM. The
hammer test is outmoded and no longer provides relevant information
regarding the continued strength of the cylinder. We may consider
further modifying this exception in the future.
(5) Eddy Current Testing
In the NPRM we proposed to change the applicability of the eddy
current test, eddy current condemnation criteria, and eddy current
record keeping requirements, as requested in P-1515. We do not believe
the change and possible increase in cost is justified by data at this
time. Therefore, in this final rule, we are not making any changes
related to eddy current testing applicability, condemnation criteria,
or recordkeeping.
(a) Test Applicability
Currently, eddy current testing is required for 3AL cylinders made
of aluminum alloy 6351-T6 in SCUBA, SCBA, or oxygen service. 3AL 6351-
T6 cylinders have been shown to be susceptible to sustained load
cracking (SLC) in the neck and thread area of the cylinder. Eddy
current testing combined with a detailed visual examination can
identify SLC before it poses an immediate danger. We have required eddy
current testing since the publication of HM-220F (71 FR 51122; 8/29/
2006). P-1515 requested that we change the applicability of the eddy
current test to any DOT 3AL cylinder made of 6351-T6 alloy with a
service pressure at or above 1,800 psig. We received one comment in
support of this change from ICT. We did not discuss the proposed change
in detail in the preamble to the NPRM, only stating, ``Specifically we
plan to revise . . . the paragraph (m) requalification conditions for
DOT 3AL cylinders made of 6351-T6 aluminum alloy.'' We are concerned
that the change from a gas service-based testing applicability to a
pressure-based testing applicability may significantly increase the
number of cylinders subject to eddy current testing, without adequate
notice to the regulated community or safety justification.
Since the imposition of the eddy current test requirement in 2006,
we are not aware of any catastrophic failures of DOT 3AL cylinders
involving sustained load cracking. In this final rule, we are not
making the proposed change to eddy current test applicability. We
welcome further petitions on the matter, but we do not believe the
change and possible increase in cost is justified by data at this time.
(b) Condemnation Criteria
Similarly, we are not making any change to eddy current
condemnation criteria. The current criteria in the HMR have proved
successful in identifying cylinders prone to sustained load cracking,
facilitating their removal from service before cracks can cause
catastrophic failure. We may consider revising the condemnation
criteria in a future rulemaking, but will make no change to eddy
current condemnation criteria at this time.
(c) Record-Keeping
In the NPRM, we proposed changes to eddy current recordkeeping
requirements. We proposed to move eddy current recordkeeping
requirements currently found in appendix C to part 180 to new Sec.
180.215(b)(5). We received a comment from ICT opposed to the relocation
of requirements from appendix C to part 180 into Sec. 180.215(b)(5).
We agree with ICT and are not making the proposed change to relocate
requirements out of appendix C to part 180 at this time. Eddy current
testers are familiar with the requirements found in appendix C to part
180 and moving the requirements to a new section would create
unnecessary confusion. We may review eddy current recordkeeping
requirements in a future rulemaking.
(6) Comments Related to Sec. 180.209(j)
(a) Incorporation by Reference of CGA C-1
CTC commented on the proposed language in Sec. 180.209(j) and
stated their opinion that the language was unnecessarily confusing and
redundant following the incorporation of CGA C-1.
PHMSA response. We agree with CTC's comment that there are
redundant instructions in Sec. 180.209(j), and the requirements could
be simplified by referring to the test procedures in CGA C-1.
Additionally, COSTHA noted an error in the structure of Sec.
180.209(j), where it appeared the proposed paragraphs (j)(2) and (3)
overlapped in applicability and contradicted each other. We appreciate
this comment, and have re-structured Sec. 180.209(j) to make clear
that paragraph (j)(1)(i) applies to smaller 4B, 4BA, 4B240ET, or 4BW
cylinders, paragraph (j)(1)(ii) to larger 4B, 4BA, 4B240ET, or 4BW
cylinders, and (j)(2) to 3A, 3AA, or 3AL cylinders.
(b) Increased Pressure for Repeat Tests
ICT commented on our proposed requirement to increase the pressure
by 10 percent for a repeated proof pressure test for fire
extinguishers, noting this was not in accordance with CGA C-1
requirements.
PHMSA response. We agree, and are removing this provision and
replacing it with instructions to conduct the proof pressure test in
accordance with CGA C-1.
(c) 4E Cylinders
While reviewing Sec. 180.209(j), we noted erroneous references to
DOT 4E cylinder condemnation criteria. DOT 4E cylinders are generally
not eligible to be transported or requalified as fire extinguishers, so
we have removed the reference to 4E condemnation criteria from Sec.
180.209(j).
In the final rule, we are revising Sec. 180.209(j) as discussed
above to simplify and clarify the requirements for the requalification
of specification fire extinguishers.
(7) Comments Related to Sec. 180.212
Bancroft Hinchey commented in support of the proposed requirement
in Sec. 180.212(a)(3) to require ultrasonic testing (UT) after a
repair facility conducts a repair involving grinding.
PHMSA response. In this final rule, we are adopting this
requirement as proposed.
(8) Comments Related to Sec. 180.213
(a) Requalification Label Embedded in Epoxy
Numerous commenters, including NPGA, Amerigas, Firehouse Hydro
Sales and Service, Joshua Blake, Hydro-Test Products, and Scuba Do
noted that we made an error in Sec. 180.213(c) for requalification
marking methods by removing the authorization for a label embedded in
epoxy.
PHMSA response. The commenters are correct that we inadvertently
did not include the provision allowing for applying a label embedded in
epoxy. This was not our intent as part of the HM-234 NPRM. Therefore,
in this final rule we are including the label in epoxy marking method
in Sec. 180.213(c) as is currently allowed under the HMR. We
appreciate the commenters' attentiveness in addressing this
unintentional omission in the NPRM.
[[Page 85390]]
(b) Requalification Marking Location
Independent Cylinder Training (ICT), Amerigas, and NPGA oppose the
proposed requirement in Sec. 180.213(c)(1)(i) that would require
requalification marks be placed in a specific location adjacent to the
original manufacturing markings. ICT, Amerigas, and NPGA state that
this requirement is too restrictive, and in certain cases impossible to
meet due to the size and type of cylinders involved. Bancroft Hinchey
supports a requirement to ``lay out requalification markings neatly and
consistently.''
PHMSA response. We agree with the comments submitted by ICT,
Amerigas, and NPGA. While we would have liked to provide a consistent
location for requalification markings for shippers and fillers, we
recognize the diversity of cylinder types and sizes makes this effort
difficult. Therefore, in this final rule we are not adopting the change
to Sec. 180.213(c) that was proposed in the NPRM. Requalification
markings must be applied in a legible and durable manner and may be
placed on any portion of the upper end of the cylinder excluding the
sidewall. We welcome petitions on this requirement for possible
inclusion in a future rulemaking.
(c) Requalification Marking Depth
Bancroft Hinchey commented that Sec. 180.213(c) should be modified
to provide guidance on requalification marking depth when the cylinder
specification does not provide any information on accepting marking
depth.
PHMSA response. While PHMSA agrees that cylinder requalifiers
should not mark cylinders to a depth greater than the original
manufacturer's markings, we do not agree with Bancroft Hinchey's
comment to modify Sec. 180.213(c). PHMSA believes that including the
phrase ``or the original manufacturer's markings'' to Sec. 180.213(c)
will increase confusion among cylinder requalifiers.
(9) Comments Related to Sec. 180.215
(a) Use of Symbols for Cylinder Dimension
Bancroft Hinchey requested clarification of the revision to Sec.
180.215 to permit use of symbols for actual dimensions.
PHMSA response. The use of a symbol in place of the written
dimensions of the cylinder is permitted by Sec. 180.215(b) as long as
the symbols on the reference chart available at the requalifier's
facility are accurate for the actual measured dimensions of each
cylinder requalified. It is PHMSA's understanding that some cylinder
requalifiers maintain reference charts with symbols cross-referenced to
the actual measured dimensions of common cylinder models. As long as
the facility has an accurate reference document that cross-references
the symbol entered on the requalification record with the actual
measured dimensions of the cylinder requalified, they may use that
symbol to meet the requirement to enter the actual dimensions of a
cylinder on the requalification record. This will increase flexibility
and reduce burdens for requalifiers without compromising safety.
(b) Gas Service and Year of Manufacture
Hydro-Test Products commented on the proposed change to cylinder
requalification recordkeeping requirements. They noted that in the NPRM
we did not discuss the additional requirement to record the cylinder's
year of manufacture or gas service in Sec. 180.215(b)(2). Hydro-Test
Products is opposed to the proposed change to cylinder requalification
recordkeeping requirements and believes it would impose an undue burden
on cylinder requalifiers.
PHMSA response. We disagree with Hydro-Test Products' comment. The
requirement for cylinder requalifiers to keep a record of the
cylinder's date of manufacture and gas service is useful for several
reasons. The eligibility for the ``star'' mark in Sec. 180.209(b),
allowing a 10-year requalification period instead of 5 years, depends
on the year of manufacture and gas service, as does the ``+'' mark for
10 percent overfilling in Sec. 173.302a(b). The applicability of the
option to requalify a cylinder via external visual inspection in Sec.
180.209(g) is also dependent on the particular gas service in which the
cylinder is used. The year of manufacture is also helpful in
determining whether a 3AL cylinder was constructed from 6351-T6
aluminum alloy, and therefore subject to eddy current examination. Use
of 6351-T6 aluminum alloy in DOT 3AL cylinders was discontinued in
1990. We believe that the addition of these two pieces of information
to cylinder requalification records creates only a minimal reporting
burden on the regulated community while aligning recordkeeping
requirements with operational practice. See further discussion in
Section VIII.G in this rulemaking document regarding the information
collection burden of this requirement. In this final rule, we are
adopting the changes as proposed, and modifying Sec. 180.215(b)(2) to
require cylinder requalifiers to record the year of manufacture and gas
service of each cylinder they requalify.
(10) Reclaimed Refrigerant Gas
Section 180.209(e) authorizes proof pressure testing for DOT 4-
series cylinders in non-corrosive gas service. In the NPRM we proposed
to add the following sentences to this paragraph: ``However, a cylinder
used for reclaiming, recycling, or recovering refrigerant gases must be
requalified by volumetric expansion testing every 5 years. Reclaimed,
recycled, or recovered refrigerant gases are considered to be corrosive
due to contamination.'' In this final rule, we are not adding these
sentences to Sec. 180.209(e). Although we believe that cylinders used
for reclaimed refrigerant gases are generally not eligible for the
exception in Sec. 180.209(e) because of the contaminants encountered
in this service, we are uncertain whether this is always the case.
Therefore, PHMSA has decided that the most practical regulatory
alternative at this time is to leave the Sec. 180.209(e) exception
allowing a 10-year testing interval for DOT 4-series cylinders used in
non-corrosive gas service unchanged. As provided in Sec. 173.22, it is
the shipper's responsibility to classify a hazardous material properly.
(11) RIN Markings for Foreign Cylinders
In the HMR, foreign cylinders not manufactured to a DOT, UN, TC,
CTC, BTC or CRC specification may be filled and transported for export
or for use on board a vessel in accordance with Sec. 171.23(a)(5)
(note that this reference was originally Sec. 171.23(a)(4), and has
changed to Sec. 171.23(a)(5) after publication of final rule HM-219C).
Requalification for these cylinders is discussed in Sec. 180.209(l),
which prohibits the marking of the cylinder with a requalifier's RIN,
instead requiring only the month and year of requalification. In the
NPRM, we proposed to require a RIN marking for these foreign cylinders,
along with the symbol ``EX,'' to reduce confusion among fillers and
clarify that these foreign cylinders had been requalified in accordance
with part 180, subpart C. We received no comments on this proposal. In
this final rule, we will adopt this requirement. We believe that the
symbol ``EX'' in association with the RIN provides necessary
information to inspectors and users that these cylinders are limited to
export or vessel service in accordance with Sec. 171.23(a)(5). The
inclusion of a RIN marking, which signifies compliance with part 180
subpart C, will increase clarity for fillers
[[Page 85391]]
that the cylinders have been properly requalified.
P-1521
CGA submitted P-1521 requesting that PHMSA modify a provision in
Sec. 172.400a(a)(1) (specifically Sec. 172.400a(a)(1)(i) at the time
the petition was submitted) 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. In the NPRM, PHMSA
proposed 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. National Association of Fire
Equipment Distributors (NAFED) and Worthington Cylinder submitted
comments supporting this change.
On January 21, 2016, PHMSA published HM-233F (81 FR 3635), which
adopted numerous special permits into the HMR. In particular, we
adopted DOT SP 14251, which authorizes the transportation of overpacked
cylinders marked in accordance with CGA publication C-7 provided the
overpacks are properly labeled. Therefore, the intent of P-1521 has
already been accomplished. We appreciate CGA's petition and COSTHA's
comment highlighting that HM-233F already addressed this issue.
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). Historically, 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 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, PHMSA did not
propose to adopt the petition. We received one comment on this topic.
Worthington Cylinder submitted a comment supporting PHMSA's proposal to
deny the petition and not amend Sec. 173.306(a)(1). Therefore, as
reasoned in the NPRM, we are not adopting P-1538 in this final rule.
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 requested 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 requested 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
percent 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
(HM-220; 63 FR 58460) 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.
Based on concerns about increasing the risk of cylinder failure by
lengthening the timeframe between periodic qualifications, PHMSA did
not 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 received three comments on this topic. Bancroft Hinchey, NAFED,
and CGA all supported our decision not to adopt the petition.
Therefore, as reasoned in the NPRM, we are not adopting P-1539.
P-1540
CGA submitted P-1540 requesting that PHMSA require newly
manufactured DOT 4B, 4BA, 4BW, and 4E cylinders to be marked with the
mass weight or tare weight, and the 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 (the weight of the empty
cylinder and appurtenances) or the mass weight (the weight of the empty
cylinder), and the water capacity must be known by the filler to fill
the cylinder properly. 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
[[Page 85392]]
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 has incorporated by reference the National Fire
Protection Association's ``58-Liquefied Petroleum Gas Code, 2001
edition'' (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 NFPA 58 was not incorporated by reference 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. PHMSA understands that many in the compressed gas industry,
especially the liquefied petroleum gas industry, already request
manufacturers to mark cylinders with the tare weight or water capacity
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 applying these markings voluntarily.
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 submitted a comment to the ANPRM that
supported the petition but they did not discuss the basis for their
support. CGA submitted a comment to the ANPRM supporting 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 did 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 believed that the HMR must further clarify that no
cylinder may 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, to 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
to 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 DOT 3-series cylinders
where the additional marking would not fit onto the dome of the
cylinder.
The economic impact estimated for marking all cylinders is
significantly greater than the estimates submitted by PHMSA.
Manchester Tank submitted a comment to the ANPRM expressing concern
that numerous variations in stamped weights could cause confusion in
the field among fillers. They stated 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 asked PHMSA to
clarify who would have responsibility to assign the duty to mark tare
weight to the valve installer and indicated that there are many
cylinders that are not valved by the manufacturer, and 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 the NPRM, PHMSA proposed to revise Sec. 178.35(f) to require
that tare weight or mass weight, and water capacity be marked on all
DOT 4B, 4BA, 4BW, and 4E specification cylinders.
We received nine comments to the NPRM related to this issue. Fike
Corporation, Janus Fire Systems, Amerex, NAFED, and FSSA submitted
comments opposing the requirement to mark all DOT 4B, 4BA, 4BW, and 4E
cylinders with tare weight or mass weight, and water capacity. Bancroft
Hinchey, Kidde-Fenwal, Worthington Cylinder and CGA submitted comments
generally supportive of the requirement, but requested certain
modifications. Bancroft Hinchey requested that Sec. 180.215 be
modified to require tare weight be added to a 4-series cylinder if it
changes service to liquefied gas. Kidde-Fenwal requested that the
marking requirements only apply to cylinders filled with liquefied gas,
and not 4-series cylinders used for other services, such as fire
extinguishers containing an extinguishing agent and charged with a non-
liquefied gas. Worthington Cylinder requested that the requirement only
apply to cylinders filled with liquefied gas and that the regulations
require specific acronyms for mass weight, tare weight, and water
capacity to reduce confusion. CGA requested a minor change to the
wording in Sec. 178.35(f)(7)(iii) to ensure proper tolerance
requirements as requested in P-1540.
PHMSA response. We agree with the commenters that there is no value
in requiring the tare weight or mass weight, and water capacity
markings for 4-series cylinders that are not used for liquefied
compressed gases, as these materials are not filled by weight. However,
we do not agree that relying on voluntary industry standards that may
require the tare weight or water capacity on a cylinder label is
adequate to alleviate our safety concerns regarding proper filling of
liquefied compressed gases. We do not believe that NFPA 58 is
universally followed in the cylinder industry. Additionally, the NFPA
58 does not assign a particular
[[Page 85393]]
party to apply the marks, or any accuracy requirements for the
measurements. Therefore, the creation of a Federal standard for tare
weight/mass weight and water capacity markings on DOT 4B, 4BA, 4BW and
4E cylinders used for only liquefied compressed gases provides a higher
level of safety and oversight than the NFPA 58 standard while limiting
burdens to the cylinder industry.
PHMSA expects this marking requirement to play a role in preventing
overfilling incidents, which can result in explosions and fatalities.
For example, in 2014, an overfilled propane cylinder ruptured,
exploded, and fatally injured two people and injured others in
Philadelphia.\3\ Specifically, a cylinder filler, using the tare/mass
weight and water capacity markings to guide their filling practice, is
expected to be significantly less likely to overfill a cylinder. Adding
tare weight or mass weight, and water capacity markings is expected to
improve safety for cylinder fillers, transporters, and the general
public by decreasing the incidence of overfilled cylinders entering
transportation. Cylinders filled with liquefied gases must be filled by
weight (see Sec. 173.304a(c)). The filler must determine the weight of
the cylinder in order to fill the cylinder with the proper amount of
liquefied gas. The most direct way to ensure that the filler knows the
weight of the cylinder being filled is to require that the cylinder's
weight be marked on the cylinder itself.
---------------------------------------------------------------------------
\3\ This incident resulted in a Federal judge ordering the
company who filled the cylinder to pay a $1 million criminal. In
addition, the company entered into an historic civil settlement,
agreeing to pay victims and the family of those fatally injured $160
million, plus an additional confidential sum. See Moselle, Aaron. U-
Haul fined $1 million after fatal food truck explosion in North
Philly. May 7, 2019. WHHY.org. Available at: https://whyy.org/articles/uhaul-fined-1-million-after-fatal-food-truck-explosion-in-north-philly/.
---------------------------------------------------------------------------
By requiring these markings, PHMSA will help to eliminate confusion
and guesswork while providing a potentially quicker and more efficient
way to determine the cylinder weight than relying solely on reference
materials listing cylinder weights. Cylinder fillers may not always
have easy access to cylinder tare/mass weight and water capacity
reference materials; the materials may become outdated; or the
reference materials that are available may have been created by a
cylinder manufacturer other than the manufacturer of the cylinder being
filled.
In addition, providing the markings may prevent a cylinder filler
from being required to weigh the purportedly empty cylinder to
determine the tare weight, removing errors due to residue material that
would overstate the tare weight when weighed manually, and also
reducing burden. Further, PHMSA believes that the addition of these
markings could reduce the occurrence of non-compliant filling methods,
such as informally relying on auditory cues (e.g., shaking the
cylinder).
Increasing availability of cylinder weight and capacity information
on the cylinder itself will decrease the chances of operator error
leading to overfilled cylinders. Therefore, in this final rule, we are
modifying the proposed requirement from the NPRM that DOT 4B, 4BA, 4BW
and 4E cylinders used for only liquefied compressed gases must be
marked with tare weight or mass weight, and water capacity. The details
are discussed in the VII. Section-by-Section Review. We are also
adopting the upper and lower tolerances for the tare weight/mass weight
marking as proposed by CGA. We agree that additional markings on a
cylinder may be a source of confusion, but we believe that this can be
mitigated by using standardizing abbreviations. Accordingly, in this
final rule we are requiring that tare weight be abbreviated ``TW'',
mass weight ``MW'', and water capacity ``WC.'' The responsibility for
meeting this requirement is placed on the owner of the cylinder, as
they are best positioned to understand the eventual use of the cylinder
at the time of manufacture. 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.
In accordance with Sec. 173.304a(c), liquefied gases must be
filled by weight, or when the gas is lower in pressure than required
for liquefaction, a pressure-temperature chart for the specific gas may
be used to ensure that the service pressure at 55 [deg]C (131 [deg]F)
will not exceed \5/4\ of the service pressure at 21 [deg]C (70 [deg]F).
An accurate scale must be used to check the weight of liquefied gas
filled in the cylinder. These requirements apply to all types of
cylinders, not only the 4B, 4BA, 4BW and 4E cylinders whose marking
requirements we are amending in this final rule. We believe that by
requiring TW, MW and WC markings for these cylinders which are most
commonly used for liquefied gases, we will create the greatest safety
benefit while minimizing costs to the regulated community.
We note that COSTHA submitted a comment that we left the word
``no'' out of the phrase ``[no] upper [tolerance]'' in the proposed
Sec. 178.35(f)(7)(iii) for the criteria for the water capacity marking
for a cylinder exceeding 25 pounds. COSTHA is correct in its
understanding. This was an inadvertent omission and we are correcting
Sec. 178.35(f)(8)(iii) (please note that the original regulatory text
proposed in Sec. 178.35(f)(7) has been redesignated as paragraph
(f)(8) due to changes made to the HMR since the publication of the HM-
234 NPRM) such that it reads ``with a tolerance of minus 0.5 percent
and no upper tolerance'' in this final rule.
Lastly, we are making an editorial change in the final rule and
deleting the metric units from Sec. 178.35(f)(8) to increase clarity
and decrease confusion for manufacturers, fillers, and users of these
cylinders.
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.\4\
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).
---------------------------------------------------------------------------
\4\ 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 interpretation regarding the
applicability of Sec. 173.309 to fire extinguishers. Notably on March
9, 2005, PHMSA wrote a letter of interpretation (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
[[Page 85394]]
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 of interpretation (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 because 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 suggested 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 the NPRM, PHMSA proposed to revise the Sec. 173.309
introductory text to include ``fire extinguishers for installation as
part of a fire suppression system'' as a fire extinguisher type
authorized for transport in accordance with authorized packaging
requirements as assigned to the HMT entry for fire extinguishers.
Comments. Guardian Services, Inc., Janus Fire Systems, Amerex,
Worthington Cylinder and the Fire Suppression Systems Association
commented in support of this proposal. Kidde-Fenwal commented in
support of the proposal, but also stated that ``not all cylinders
intended for use as a component of a fire suppression system should
utilize the `Fire extinguisher, UN 1044 designation' as suppression
agents with their own HMT designation (example, UN 3296) should
continue to be identified as such.'' That is, those fire suppression
agents listed by name should continue to be described and packaged as
provided in the HMT rather that as UN1044, Fire extinguishers.
The National Association of Fire Equipment Distributors (NAFED)
commented in opposition to the proposal, specifically noting its
concerns with allowing high pressure, inert gas cylinders used in
``engineered-type'' fire suppression systems to be transported and
requalified as ``UN1044, Fire extinguishers.'' The ``engineered-type''
fire suppression systems that NAFED described are large fire
suppression systems used in industrial settings that may consist of a
vessel that contains an extinguishing agent and separate compressed gas
``charging'' cylinders that provide the pressure to inject the agent
into the system upon activation. Other engineered systems may consist
of a fire extinguishing agent pressurized with an inert gas, or consist
of cylinders that contain only an inert gas.
PHMSA response. We disagree with Kidde-Fenwal. The classification
of ``UN1044, Fire extinguisher'' is based on the intended use of the
cylinder, and should not necessarily exclude gases listed by name in
the Sec. 172.101 HMT if the conditions of Sec. 173.309 are met.
However, we agree with NAFED's concerns regarding ``charging''
cylinders transported separately from fire suppression systems. Our
intent in the NPRM was to propose allowing fire extinguishers that are
charged with a compressed gas and an extinguishing agent and that are
intended for installation into fire suppression systems to be described
as ``UN1044, Fire extinguishers.'' We did not intend to allow cylinders
charged with an inert gas and used only to pressurize a fire
suppression system to be described as ``UN1044, Fire extinguishers''
when offered for transportation separately from the suppression system.
These ``charging'' cylinders must be described based on the compressed
gas they contain, for example ``UN1066, Nitrogen.'' or ``UN1006,
Argon.''
In this final rule, we are adopting the proposed change to Sec.
173.309, and further clarifying our meaning. A fire extinguisher
charged with a compressed gas and an extinguishing agent that is
intended for installation into a fire suppression system may be
described as ``UN1044, Fire extinguisher'' if it meets the conditions
of Sec. 173.309. A fire extinguisher charged with a compressed gas
that is the sole extinguishing agent in the system that is intended for
installation into a fire suppression system may also be described as
``UN1044, Fire extinguisher'' if it meets the conditions of Sec.
173.309. A cylinder charged with a gas and used only to pressurize or
expel an extinguishing agent as part of a fire suppression system may
not be described as ``UN1044, Fire extinguisher'' for purposes of the
HMR.
Section 173.309(a) requires the use of a DOT-specification
cylinder, as is generally required for a compressed gas, and further
requires the use of dry gas and extinguishing agents that are
commercially free from corroding components. The safety and performance
of DOT specification cylinders filled with dry gas and an extinguishing
agent commercially free of corroding components and requalified as
provided in Sec. 180.209(j) is expected to be the same for manual use
(i.e., handheld) and for use in fixed fire suppression system service.
Section 173.309(b) requires the use of Specification 2P or 2Q non-
refillable inside metal containers, filled with a non-corrosive
extinguishing agent. DOT 2P and 2Q containers are very limited in size
and service pressure by their design specification in Sec. Sec. 178.33
and 178.33a, and therefore would have limited utility for a fixed fire
suppression system. Finally, with respect to authorizing use of non-DOT
specification cylinders, we believe the requirements in Sec.
173.309(c) provide for the safe transportation of compressed or
liquefied gas regardless of whether the cylinder is equipped for manual
use as a fire extinguisher (i.e., handheld) or for use as a fire-
extinguishing component of a fire suppression system.
Section 173.309(c) allows the use of non-specification cylinders
filled with a non-corrosive extinguishing agent as fire extinguishers.
These non-specification cylinders are limited in size to 1,100 cubic
inches, or 55 cubic inches if they contain any liquefied compressed
gas. The cylinders must be pressure tested to three times (3x) their
charged pressure prior to initial shipment, and must be designed with a
burst pressure six times (6x) their charged pressure. This exceeds the
burst pressure ratio of DOT-specification cylinders authorized under
Sec. 173.309(a). These non-DOT specification cylinders must
additionally be periodically requalified in accordance with the
requirements of the Department of Labor's Occupational Safety and
Health Administration regulations pertaining to ``portable fire
extinguishers'', 29 CFR 1910.157. The combination of size restriction,
higher than normal initial test pressure requirements, and much higher
than normal burst pressure capability creates an equivalent level of
safety for these non-DOT specification fire extinguishers when compared
to DOT
[[Page 85395]]
specification cylinders. We expect the same level of safety will be
achieved in handheld and fire suppression system service.
Note that the changes made in this final rule do not affect the
description and classification of large fire extinguishers (see HM-
215M, 80 FR 1075, 1/8/2015 for background), which may contain
``charging'' cylinders when transported as a completed fire
extinguishing system provided they meet the conditions of Sec.
173.309.
P-1560
Air Products and Chemicals Inc. (Air Products) submitted a petition
for rulemaking (P-1560) requesting that PHMSA revise Sec.
173.304a(a)(2) to adopt the provisions of SP 13599. SP 13599 authorizes
additional maximum filling densities for carbon dioxide and nitrous
oxide to include 70.3 percent, 73.2 percent, and 74.5 percent
respectively in DOT 3A, 3AA, 3AX, 3AAX, 3AL, and 3T cylinders with
marked service pressures of 2000, 2265, and 2400 psig, subject to
operational controls. In the NPRM, we did not propose to adopt this
provision because it was already adopted in the HMR by HM-233F (81 FR
3635).
We received two comments related to P-1560 in this docket.
Worthington Cylinder agreed with our determination in the NPRM that we
had already adopted these provisions and therefore do not need to
address them again. Independent Cylinder Training (ICT) submitted a
comment proposing additional changes to Sec. 173.304a(a)(2). ICT
requested that cylinders with a service pressure of 2015 psig be
authorized for 70.3% fill density, like those with a service pressure
of 2000 psig. Additionally, ICT requested that PHMSA add a provision to
require that cylinders filled according to fill density be marked with
the water weight of the cylinder to aid in the filling process.
PHMSA response. ICT's understanding of filling density requirements
for carbon dioxide is not correct. In the scenario it presents, a
cylinder with a service pressure of 2015 psig is already authorized for
a filling density of 70.3 percent for carbon dioxide. ICT's other
proposal regarding marking of water weight on a cylinder is beyond the
scope of this rulemaking and we suggest that ICT submit a separate
petition for rulemaking on the issue. As previously stated, P-1560
provisions were adopted into the HMR by rulemaking HM-233F, and
therefore we are not addressing it in this final rule.
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 the NPRM, we recognized 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 proposed 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 agreed 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 did not propose
to include 2P and 2Q in the allowance for the ``OVERPACK'' marking. We
proposed additional instructional language that the combination package
is not to be considered an ``overpack.''
We received two comments on this issue. Alaska Air stated their
opposition to the proposed changes. Alaska Air states that the proposed
change is at variance with the existing Sec. 171.8 definition of
combination package, which will result in additional confusion by the
hazmat community, and that most shipments marked as proposed will be
rejected by air carriers because the ``overpack'' mark will be placed
on outer packages that are not overpacks.
COSTHA also submitted comments regarding this issue. COSTHA
``supports this [revision] in principle and agrees with PHMSA and the
petitioner, 3M, that the differing marking requirements in Sec. 173.25
and Sec. 173.301(a)(9) to communicate similar conditions may be
causing confusion without enhancing safety.'' However, COSTHA also
notes that the sentence, ``[d]isplay of the `Overpack' marking is not
an indication that this combination package is an overpack'' is
confusing, and recommends that it be deleted.
PHMSA response. PHMSA agrees with Alaska Airlines and COSTHA that
the proposed change could result in more confusion than it would
resolve and would not promote compliance with the HMR. Upon further
consideration, we do not believe a regulatory change is warranted. The
marking requirement in Sec. 173.301(a)(9) applies to a completed
package. The requirements in Sec. 173.25 apply to an enclosure used to
protect or consolidate completed packages. The ``OVERPACK'' applies to
the enclosure when specification packages are required and are not
visible. We do not view this as overly confusing. Therefore, in this
final rule we are not adopting any changes proposed in the NPRM based
on P-1563.
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).\5\ The
definition of MEGC in Sec. 171.8 states DOT-specification cylinders
are not authorized as part of MEGCs and accordingly, we are not
including the petitioned language referring to DOT-specification
cylinders in Sec. 173.312. DOT-specification cylinders filled with
liquefied compressed gas must be filled in accordance with the
instructions found in Sec. 173.304 and Sec. 173.304a, including
filling density limitations.
---------------------------------------------------------------------------
\5\ Note that the petition specifically referenced the 17th
edition 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
[[Page 85396]]
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 the
NPRM, we proposed to specify the filling ratio requirements for
pressure receptacles.
We received comments supporting this proposal from CGA and
Worthington Cylinder, and comments requesting modification to the
proposed language from FIBA Technologies (FIBA).
(1) Manifolding While Filling
We received a comment from FIBA stating their opposition to the
sentence ``Manifolding while filling is not authorized.'' FIBA states
there would be no safety benefit to removing the manifold for many
MEGCs during filling because the MEGCs can be filled safely with the
manifold in place.
PHMSA response. We agree with FIBA's comment. It was not our intent
to require the disconnection of the manifold during filling. Rather,
our intent is to require that each pressure receptacle is filled
individually when loading liquefied compressed gases. We acknowledge
that the manifold may remain in place as long as there are measures in
place to prevent more than one cylinder from being filled at a time
when loading liquefied compressed gas. Therefore, in the final rule we
will remove the sentence ``[m]anifolding during filling is not
authorized.''
(2) Filling With Non-Liquefied Gases
FIBA also noted that our proposed revision accidently removed the
language currently in Sec. 173.312(b)(1) relevant to the filling of
MEGCs with ``permanent'' or non-liquefied gas.
PHMSA response. This was not our intent; therefore, in the final
rule we will move the current language for permanent gases in Sec.
173.312(b)(1) to new Sec. 173.312(b)(1)(i) and insert the language
appropriate for filling with liquefied compressed gases in the new
Sec. 173.312(b)(1)(ii). Additionally, we agree with FIBA's suggestion
that there is value in specifying that Sec. 173.312(b)(1)(i) applies
to filling MEGCs with permanent, non-liquefied compressed gases, which
are filled by pressure, while Sec. 173.312(b)(2)(ii) applies to
liquefied gases, which are filled by weight.
In this final rule, we are adopting P-1572, with the modifications
noted above. PHMSA emphasizes that this change does not impose a new
burden, as adoption of this proposal only emphasizes an important
safety requirement already stated in Sec. 173.304b for UN pressure
receptacles.
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 align with CGA S-1.1 for DOT 39 cylinders
filled with an oxidizing gas and offered for transportation by air.
Specifically, as prescribed in 4.2.2 of CGA S-1.1, the required burst
pressure of the rupture disc ``shall not exceed 80 percent of the
minimum cylinder burst pressure and shall not be less than 105 percent
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 the NPRM, PHMSA proposed 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 liquefied oxidizing gases by air.
We received comments from HMT Associates and Worthington Cylinder
regarding P-1580. Both comments correctly noted that in the NPRM we
failed to amend the regulatory text in Sec. Sec. 173.302 and 173.304
as we stated in our NPRM discussion.
PHMSA response. We agree with HMT Associates' comment noting that
the proposed language in Sec. 173.301(f)(4)(iv) is not strictly
necessary, because by revising Sec. Sec. 173.302(f)(2) and
173.304(f)(2) we will have brought the HMR into alignment with CGA S-
1.1 requirements. However, we will maintain the reference to the new
requirements in Sec. 173.301(f)(4)(iv) to increase the visibility of
the new requirements. We did not receive any comments opposed to the
proposed change. Therefore, in the final rule, we are amending
Sec. Sec. 173.302 and 173.304 to align with CGA S-1.1 requirements for
DOT 39 cylinders for oxidizing gases transported by air. To avoid
placing cylinders in conformance with the current requirements of
Sec. Sec. 173.302(f)(2) and 173.304(f)(2) out of service, we will
allow cylinders filled prior to the effective date of this rulemaking
that meet the current requirements of the HMR to remain in service
until the end of their useful lives.
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)/Water Systems Council (WSC)
standard PST 2000-2005 (2009) to be authorized for transport.
The ANSI/WSC standard PST 2000-2005 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
[deg]F (49 [deg]C), with
[[Page 85397]]
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.
Aligning the HMR with this industry standard 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.
The revised requirements for water pump system tanks in this final
rule authorize tanks to be tested to the manufacturer's specified
maximum working pressure instead of the current one size fits all
requirement of 100 psig. Further, it allows water pump system tanks to
be charged with helium in addition to the currently authorized
nitrogen. The requirements in this final rule allow additional
flexibility for manufacturers compared to current requirements.
Therefore, PHMSA does not expect this amendment to impose costs. PHMSA
received one comment in support of this proposal from Worthington
Cylinder.
In the NPRM, we proposed to change the pneumatic test requirement
from 100 psig to the manufacturer's specified maximum working pressure
because the industry standard allows for maximum working pressures
greater than 100 psig (i.e., up to 150 psig as stated above). In this
final rule, we will specify that the pneumatic test may not exceed 150
psig, which aligns with ANSI/WSC PST 2000-2005 maximum working pressure
for a water pump system tank. Pneumatic pressure tests present
additional risks to testing personnel, and this modification is
intended to reduce risk by clarifying the maximum test pressure allowed
while remaining aligned with the industry standard.
We are making several additional editorial changes to the layout
and language of Sec. 173.306(g) in order to clarify the intent of the
provision. Specifically, we are modifying the introductory paragraph of
Sec. 173.306(g) to clarify our intent to allow the tanks to be filled
with air, nitrogen, or helium up to 40 psig at time of manufacture,
referred to in ANSI/WSC PST 2000-2005 as a ``pre-charge.'' Further, we
are replacing the word ``charged'' with ``pre-charge'' throughout the
paragraph to clarify that the manufacturer's pre-charge pressure is the
pressure that should be used in calculations, where appropriate.
We are modifying Sec. 173.306(g)(1) to explain clearly the maximum
allowable working pressure limits of water pump system tanks. The
requirement that these tanks may be operated in ambient air
temperatures of up to 49 [deg]C (120 [deg]F) with a maximum working
pressure not less than 517.1 kPa (75 psig) and not greater than 1034.2
kPa (150 psig) is taken from the ANSI/WSC PST 2000-2005 standard. Our
intent is to impose a limit on the marked maximum working pressure for
a water pump tank system at 150 psig, (i.e., the upper end of the
maximum working pressure), to ensure pneumatic testing is not conducted
above this pressure at time of manufacture to prevent increased dangers
for testing employees. Given that the new MAWP limit in Sec.
173.306(g)(1) aligns with the industry standard and is above the limit
for water distribution piping operations, PHMSA does not believe that
this requirement will introduce any additional burdens on
manufacturers.
We are removing the phrase ``concave dome tanks'' from Sec.
173.306(g)(3) for clarity because we consider this language to be
redundant to the requirement in Sec. 173.306(g)(1) that requires all
tanks to have heads concave to pressure.
Finally, we are not adopting proposed paragraph (g)(4), which
discussed a design leakproofness test for composite tanks. We do not
believe that requiring this test for composite tanks is necessary in
the HMR. Our main transportation safety concern with water pump system
tanks remains their burst pressure, and we believe that inclusion of
the proposed design hydrostatic leakproofness test for composite tanks
will increase confusion. All tanks, steel and composite, are subject to
a pneumatic proof pressure test at the manufacturer's maximum allowable
working pressure at time of manufacture (see Sec. 173.306(g)(1)). All
tank designs, both steel and composite, must also have a burst pressure
at least 6x the pre-charge pressure at 21.1 [deg]C (70 [deg]F) or 3x
the manufacturer's specified maximum working pressure, whichever is
greater, as proposed. These modifications to the proposed language are
intended to increase clarity without making any substantive changes to
the provisions proposed in the NPRM.
In this final rule, PHMSA will adopt provisions of P-1582 as
proposed with the modification noted above.
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 (PRD) 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 pressure relief device manufacture, testing, operational
parameters, and maintenance. CGA S-1.1 is available for purchase online
and will be available for public inspection at the Hazardous Material
Information Center after publication of the final rule.
This minor update to the regulations improves the timeliness and
clarity of industry standards that are incorporated by reference. It
supports the goal of facilitating the use of industry standards and
reducing the burdens associated with references to outdated material.
Bancroft Hinchey, Worthington Cylinder, NAFED, CGA and FIBA
Technologies submitted comments supporting incorporation by reference
of the 2011 edition of CGA S-1.1. FIBA Technologies additionally
identified an inconsistency with the HMR and new S-1.1 requirements.
FIBA Technologies correctly noted that the requirements for pressure
relief devices in Sec. 173.302a(c)(4)(ii) conflict with the 2011
edition of CGA S-1.1 that we are incorporating by reference in this
rulemaking. Accordingly, we are amending Sec. 173.302a(c)(4)(ii) to
reflect that PRDs are optional for hydrogen tube trailers. Shippers are
not required to install PRDs on tubes (cylinders longer than 12 feet)
shipped in accordance with this paragraph, however their continued use
and installation is authorized. This change maintains regulatory
flexibility and alignment with accepted industry practice. This change
does not impose any new requirements and increases regulatory
flexibility by allowing hydrogen tube trailer shippers the option of
continuing to use PRDs. In this final rule, we are incorporating by
reference CGA S-1.1, 2011 as proposed.
P-1596
Chemically Speaking, LLC submitted P-1596 which requested that
PHMSA revise the HMR pertaining to salvage drums. Specifically, P-1596
proposed amending Sec. 173.3(d) to allow Class 4 and Class 5 materials
to be placed in salvage cylinders.
[[Page 85398]]
Three commenters commented on this proposal. Dow Chemical Company
and Worthington Cylinder supported the adoption of the petition as
proposed. CGA opposed the adoption of the petition on the basis of
safety, stating that they do not support revising salvage drum
provisions in the HMR to allow Class 4 and Class 5 to be placed in
salvage vessels because chemically reactive materials may produce
pressures exceeding their pressure ratings. CGA suggests that a special
permit or approval should be required for this activity.
PHMSA response. We agree with Dow and Worthington and do not agree
with CGA's comment. We proposed to allow the use of salvage cylinders
(emphasis added), which are much more robust packagings than the
salvage drums that CGA mentions. PHMSA acknowledges that the NPRM
discussion of this proposal may have led to CGA's overly broad
interpretation PHMSA's intent because we used the term ``drum'' even
though the petition only applies to salvage cylinders. There is
currently no restriction preventing shippers from placing Class 4 and
Class 5 materials in salvage drums. Salvage cylinders are currently
authorized to transport liquefied gases (such as carbon dioxide) and
many toxic gases (Division 2.3). These materials are both high and low
pressure so the salvage cylinders must be constructed and designed to
handle the possible pressures of the packaged materials at temperatures
up to 55 [deg]C. Salvage cylinder design criteria ensure safety and
containment of a leaking cylinder so it can be transported to a
disposal facility. Adding Class 4 and Class 5 materials will not create
any significant change in the risk when using salvage cylinders as long
all the requirements of Sec. 173.3(d) are met. No Class 4 and Class 5
materials can be as toxic as the Division 2.3 or Division 6.1 materials
currently allowed, nor can they generate pressure that would exceed the
pressures of the Division 2.1, 2.2, or 2.3 materials currently allowed.
Thus, we believe adding these materials as authorized in salvage
cylinders will maintain the same level of safety established by the
regulations.
CGA also suggested allowing Class 4 and Class 5 materials to be
placed in salvage cylinders under the provision of an approval.
PHMSA response. We believe a requirement to receive an approval to
use a salvage cylinder for Class 4 and Class 5 materials to be
impractical in emergency situations. Additionally, as we have not
identified any increased risk by providing this general allowance,
imposing a burden on users to obtain an approval would also not be
practical. We do not believe there will be any decrease in safety by
allowing shippers to place Class 4 and Class 5 materials in more robust
salvage cylinders. Therefore, we are adopting P-1596 as proposed, and
amending Sec. 173.3(d) accordingly.
P-1622
Worthington Cylinder submitted P-1622 requesting that PHMSA limit
the internal volume of DOT 39 cylinders containing liquefied flammable
gas to 75 cubic inches (in\3\), to correct an error dating to 2002.
(1) 75 Cubic Inch Limit
Prior to the publication of HM-220D (67 FR 51626; Aug. 8, 2002),
the HMR restricted the internal volume of DOT 39 cylinders to 75 in\3\
for all non-liquefied flammable compressed gases and the following
flammable liquefied gases: Cyclopropane, ethane, ethylene and liquefied
petroleum gas. In the HM-220 NPRM (63 FR 58460; Oct. 30, 1998), we
proposed to increase the applicability of this restriction to all
flammable liquefied gases, but did not adopt the change on the basis of
negative comments in the HM-220D final rule. The HM-220D final rule,
however, contained a drafting error that removed the 75 in\3\
restriction from liquefied gases completely, which was not our intent.
Worthington Cylinder submitted P-1622 on July 19, 2013, requesting
that PHMSA impose a volume restriction of 75 in\3\ on DOT 39 cylinders
containing the liquefied gases cyclopropane, ethane, ethylene, and
liquefied petroleum gas. On October 10, 2014, Worthington Cylinder
submitted a supplement to P-1622, requesting that PHMSA restrict the
volume of DOT 39 cylinders containing any liquefied flammable gas to 75
cubic inches. In the NPRM, we proposed to adopt this second proposal
and restrict the volume of DOT 39 cylinders containing any liquefied
flammable gas to 75 cubic inches.
CGA and Worthington Cylinder submitted comments supporting our
proposed action to restrict the volume of DOT 39 cylinders containing
any liquefied flammable gas to 75 cubic inches. We received comments
from Worthington Cylinder, Ford Motor Company, Amtrol, Chemours,
COSTHA, and Honeywell requesting that we create an exception to the
proposed 75 in\3\ limit for ASHRAE A2L ``mildly flammable'' gases. We
did not receive any comments directly opposed to the creation of a
general 75 in\3\ limit for liquefied flammable gases in DOT 39
cylinders. The commenters explained that, in the years since the 75
in\3\ restriction was inadvertantly deleted, they have begun safely
transporting certain Division 2.1 refrigerant gases in DOT 39 cylinders
larger than 75 in\3\. They also submitted technical data describing the
properties of ASHRAE A2L ``mildly flammable'' gases and demonstrated
the performance of a DOT 39 cylinder with a capacity over 75 in\3\
filled with an A2L gas in a bonfire test.
PHMSA response. In this final rule, we are modifying our proposed
change to Sec. 173.304a and imposing a 75 in\3\ limit on the capacity
of DOT 39 cylinders containing the following liquefied flammable gases:
Cyclopropane, ethane, ethylene and liquefied petroleum gas. This course
of action will correct the inadvertent error we made in HM-220D and
aligns with PHMSA's safety advisory notice published April 24, 2017
(PHMSA-2016-14; 82 FR 18967). This will also sufficiently address the
economic concerns raised by Worthington Cylinder, Ford Motor Company,
Amtrol, Chemours, COSTHA, and Honeywell regarding the applicability of
the 75 in\3\ limit for hydrofluoroolefin and dihalogenoalkane
refrigerants.
(2) Chemicals Under Pressure
Dow Chemical Company submitted a comment requesting clarification
about the size limitation for chemicals under pressure in Sec.
173.302a(a)(3).
PHMSA response. The limit is only intended to apply to Division 2.1
(flammable gas) chemical under pressure. However, as we noted in the
NPRM, the 50 L limit is much larger than the maximum size authorized
for the DOT 39 specification in Sec. 178.65. This discrepancy was an
unintentional outcome of a harmonization effort with international
requirements for non-refillable cylinders, which allow larger sizes
than the HMR allow (see Docket No. PHMSA-2012-0027 (HM-215L); 78 FR
988). To reduce confusion introduced by the conflict of the 50 L
quantity in Sec. 173.302a(a)(3) and the capacity limts of the
specification, we are deleting the reference to ``50 L (3050 in\3\)''
and replacing it with reference to the DOT 39 specification capacity
limits--1526 in\3\ for a service pressure of 500 psig or less, and 277
in\3\ for a service pressure of greater than 500 psig.
P-1626
The CGA submitted P-1626 requesting that PHMSA incorporate by
reference (IBR) CGA C-1, Methods for Pressure Testing Compressed Gas
Cylinders, Tenth Edition (2009) and revise the regulations regarding
the
[[Page 85399]]
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. In the NPRM, PHMSA proposed to incorporate by reference this
most current version and requested comment regarding this action. We
received no adverse comments related to adoption of the newest edition
(i.e., CGA C-1-2016 (11th Ed.)) of the standard versus the Tenth
Edition. However, we did receive numerous comments regarding the
incorporation by reference of CGA C-1-2016 (11th Ed.) (``CGA C-1'') and
associated revisions, which we will discuss in depth as follows.
In this final rule, PHMSA is adopting clarifying language and
incorporating by reference the CGA C-1 standard, as proposed in P-1626.
CGA C-1 provides more detailed instructions and illustrations for use
by cylinder requalifiers and manufacturers than what is possible in the
HMR and addresses the deficiencies detailed in the petition. This
incorporation by reference applies 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, 178.51, 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 supports the goal of increasing compliance and
improving overall safety as its reference increases clarity and
provides enhanced guidance compared to the current language in the HMR.
Cylinder requalifiers and manufacturers must comply with CGA C-1
requirements for pressure testing cylinders, as well as equipment
accuracy and calibration. 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 and re-naming the
``hydrostatic test'' paragraph to ``pressure test'' to align more with
industry accepted nomenclature. PHMSA believes that CGA C-1's inclusion
of ``operator error'' as a condition allowing a repeated test at a
higher pressure will prevent the condemnation of cylinders that are
safe for continued use. Revising the HMR to incorporate by reference
CGA C-1 will provide the desired clarification without imposing
requirements that are potentially costly or unnecessarily difficult.
(1) Response to Hydro-Test Products
We received numerous comments regarding incorporation by reference
of CGA C-1, and about interpretation of CGA C-1 requirements. Hydro-
Test Products \6\ submitted a comment requesting clarification of CGA
C-1 requalification requirements compared to the current
requalification requirements in part 180, subpart C, of the HMR. Hydro-
Test Products states,
---------------------------------------------------------------------------
\6\ PHMSA notes that Jeff Elliot, Noble Gas Solutions, Anthony
King, W Andrews, and Scuba Do submitted comments supporting the
Hydro-Test Products comment and opposing the incorporation of CGA C-
1. While the discussion below focuses on the specific comments from
Hydro-Test Products, it also addresses the subject matter raised by
these other comments supporting the Hydro-Test Products comment.
The authors of the CGA C-1 pamphlet have included definitions
and examples of calibration and accuracy for Expansion Indicating
Devices (EID) and Pressure Indicating Devices (PID) that will
restrict most all current licensed cylinder re-qualifiers from
performing cylinder re-qualification. Furthermore, there are
statements in the C-1 that discriminate against procedures and
equipment components that have been utilized in a safe, consistent
---------------------------------------------------------------------------
and accurate manner for many years.
PHMSA response. We disagree with Hydro-Test Products and address
the issues they raise below.
(a) Expansion Indicating Device Accuracy
Hydro-Test Products describes a burette arrangement with 4 burettes
with full scales of 0-25, 0-50, 0-125 and 0-360 cubic centimeters (cc)
and explains their belief that incorporation by reference of CGA C-1
will significantly restrict the usable range of the burettes to half of
the burette's scale, instead of the much broader range that they
believe are authorized under the current HMR.
PHMSA response. Hydro-Test Products understanding of the HMR's
current requirements is not correct. The HMR currently require use of
burettes in the same manner prescribed in CGA C-1. Hydro-Test Products
misunderstanding appears to be grounded in the final rule published on
May 28, 1996, known as HM-220A, (61 FR 26750). HM-220A created the
requirement that expansion indicating devices (EID), such as burettes
or scales, must be certified as having an accuracy of 0.5
percent, of its full range, and must be accurate to 1.0
percent of the total expansion of any cylinder tested or 0.1 cubic
centimeter, whichever is larger. These accuracy requirements, as
discussed in the HM-220A final rule (61 FR 26751), are separate and
distinct from the requirement that the EID permit reading to 1 percent of the total expansion. The reading requirements are
intended to address the resolution of the EID, which is not the same as
the accuracy of the EID. In the example of the burette with a full
scale of 50 cc, with an accuracy grade of 0.5 percent and
increments of 0.1 cc (mid-point interpolation allowed to 0.05), the
resolution would permit reading down to 5 cc (i.e., interpolation to
0.05 is 1 percent of 5 cc), but the accuracy of the device would not. A
burette with a full scale of 50 cc and full-scale accuracy of 0.5 percent has an expected deviation of 0.25 cc. The
device may only be used to measure total expansion greater than 25 cc,
because at total expansions lower than 25 cc, the expected deviation
will be greater than 1 percent of the total expansion.
Using the 5 cc example, a 0.25 cc deviation (i.e., the expected
deviation for a 50 cc burette with an accuracy grade of 0.5
percent) at a total expansion of 5 cc would be a 5% deviation, and
would not meet the requirement that the EID is accurate to 1% of the total expansion.
Moreover, we do not agree that incorporation by reference of CGA C-
1 will impose new cost burdens upon cylinder requalifiers because the
current regulatory standard has been in place since 1996, and the
requirements will not change with incorporation by reference of CGA C-
1. Hydro-Test Products states that a similar issue exists for
requalifiers using a scale as their EID. Our response is the same: The
current regulatory standard has been in place since 1996, and the
requirements will not change with incorporation by reference of CGA C-
1.
(b) Total and Permanent Expansion Accuracy
Hydro-Test Products asks how EIDs can be used to measure permanent
expansion when that permanent expansion is a much lower value that the
total expansion, i.e. the permanent expansion is out of the range
allowed for the total expansion.
PHMSA response. Hydro-Test Products is correct that permanent
expansion values are much lower than total expansion values. The HMR
has always accepted a greater accuracy deviation for permanent
expansion, and this does not change in CGA C-1. Accuracy requirements
for EIDs continue to be expressed in terms of the total expansion
value.
(c) Foreknowledge of Total Expansion
Hydro-Test Products asks, ``[s]ince there is no indication of the
total expansion value on DOT specification
[[Page 85400]]
cylinders, how is a re-qualifier supposed to know what burette or scale
is applicable and within the proposed regulations for a given test?''
PHMSA response. If a requalifier is completely unaware of the
approximate expected total expansion for a cylinder, the requalifier
may pressurize the cylinder at or below 90 percent of test pressure,
which will give an approximate value for total expansion, allowing the
requalifier to select the proper EID for the test. If the operator errs
and the cylinder is tested using an EID that cannot measure the total
expansion to 1 percent, he or she may repeat the test up to
two times, in accordance with CGA C-1 section 5.7.1. Note that
pressurizing the cylinder at or below 90 percent of test pressure does
not constitute a test.
(d) Pressure Indicating Device Accuracy
Hydro-Test Products describes a scenario with four pressure
indicating devices (PIDs) with the understanding that CGA C-1 will
significantly limit the usable range of the gauges.
PHMSA response. We acknowledge that there are other ways to
demonstrate compliance with the accuracy requirements for PIDs (e.g.
certifying gauges at pressures lower than their manufacturer's rated
full scale). We believe this practice is in accordance with the HMR and
with CGA C-1 because a gauge calibrator has, in effect, certified a
gauge to better than a 0.5 percent full scale accuracy when
he or she calibrates the gauge to demonstrate 1 percent
accuracy at points lower than the normally usable range of the gauge
based on the manufacturer's rated accuracy. The 1 percent
accuracy requirement is only a minimum standard, and gauge
manufacturers or other entities certifying the accuracy are free to
demonstrate that the gauge meets the 1 percent requirement
at other, lower points on the gauge.
The examples provided in CGA C-1 are only a guide, and should not
be used to prevent the use of PIDs at lower pressures provided the
gauge calibrator documents the calibration points on the calibration
certificate. The minimum accuracy and readability standards are such
that it limits the use of any PID to (the upper) half the gauge,
however, there is no limitation on using a gauge certified to be more
accurate across its full range, thus allowing broader use of the gauge.
PHMSA reviewed this practice in Letter of Interpretation Ref. No. 14-
0112, and at this time we have no reason to believe that this practice
is unsafe. To clarify our intent further to continue to allow this
practice, in this final rule we are not requiring compliance with CGA
C-1 paragraph 5.3.2.2, which discusses accuracy requirements for PIDs,
if the required accuracy of the PID can be demonstrated by other
recognized means such as calibration certificates.
Rather we are maintaining the HMR's current PID accuracy
requirements in Sec. 180.205(g)(3)(i). Voluntary compliance with CGA
C-1 5.3.2.2 is authorized and will meet the HMR's accuracy requirements
for PIDs used for cylinder requalification, as will the practice of
demonstrating accuracy through maintenance of a calibration certificate
showing the gauge has been certified to meet the accuracy requirements
at lower points. Regardless of the method used to determine the usable
range of the gauge, the cylinder requalifier must verify that the
system is accurate to within 1 percent of the test pressures to be
tested that day, as provided in CGA C-1 paragraph 5.5.
(e) Reference Zero Expansion
Hydro-Test Products requests clarification of the term ``reference
zero expansion'' in CGA C-1, sections 3.2.22.
PHMSA response. In the verification process, it is critical that
the calibrated cylinder show zero expansion to indicate that the system
set-up is accurate and ready for testing. The term ``reference zero
expansion'' is intended to clarify that when reading the calibrated
cylinder's permanent expansion during verification, an expansion
reading of 0.1cc or 0.1 percent of total
expansion, whichever is larger, is accepted as zero.
(f) Daily Verification
Hydro-Test Products states that the requirement to verify all test
equipment to be used that day is impossible for those companies that
are utilizing burette systems on the volumetric tester and generally
unnecessary.
PHMSA response. We disagree. This is a long-standing requirement
that is currently found in the HMR in Sec. 180.205(g)(4). All PIDs,
EIDs, and water jackets that are to be used that day must be verified
under the current requirements of the HMR. We do not believe any
additional costs will be imposed by incorporating CGA C-1 because this
industry standard has the same requirements as are already required for
cylinder requalifiers under the HMR.
(g) Calibrated Cylinders as Surge Tanks
Hydro-Test Products and Galiso question the reasoning for CGA C-1's
prohibition on the use of a calibrated cylinder as a ``surge tank''
used to slow pumping speeds when testing smaller cylinders.
PHMSA response. Observations from PHMSA field investigators suggest
that industry already largely complies with this requirement. We have
safety concerns that exposure to unregulated pressure surges and high
temperatures may render the calibrated cylinder unsuitable for its
intended purpose. If repeatedly exposed to unregulated pressure surges,
the calibrated cylinder may experience additional permanent expansion,
rendering it incapable of being used to verify the system's accuracy on
a daily basis. The daily verification process depends on the calibrated
cylinder giving a precisely known expansion value at a given pressure.
If the calibrated cylinder begins stretching too much, for example, a
cylinder requalifier may adjust the equipment so that the reading
returns to the expected value, not realizing that he has just brought
his equipment out of alignment in his attempt to calibrate with an
overstretched cylinder. This would cause inaccurate tests whenever that
calibrated cylinder is used to verify the system before a day of tests.
(h) Conclusion
Finally, Hydro-Test Products states, ``[a]s we have hoped to have
presented in these comments, the incorporation of the C-1 into the
regulations will only confuse cylinder re-qualifiers more, while
imposing nearly impossible accuracy requirements at a greater cost with
absolutely no benefit in safety.''
PHMSA response. We disagree with Hydro-Test Products' conclusion.
As we have shown, incorporation of CGA C-1 will not impose additional
regulatory burdens on requalifiers. CGA C-1 combines the HMR's current
regulatory requirements for pressure testing with diagrams,
illustrations, step-by-step guidelines, trouble-shooting procedures,
and technical appendices that provide requalifiers with all the
information they need to requalify cylinders safely and successfully.
The creation of flexibility for reference zero expansion will decrease
the time wasted by requalifiers calibrating their systems every day
without compromising accuracy. PHMSA believes, based on experience
conducting compliance inspections at cylinder requalification
facilities, that the additional guidance provided by CGA C-1 (diagrams,
troubleshooting guides, technical appendices) will encourage compliance
with cylinder requalification standards.
[[Page 85401]]
(2) Response to Other Commenters
(a) System Failure or Operator Error
FIBA submitted a comment requesting that we reevaluate the
requirements related to system failures or operator error during the
pressure test required after cylinder manufacture.
PHMSA response. We agree that the requirements need further
clarification. It was our intention to align with the requirements in
CGA C-1, section 5.7.2 for cylinder manufacture. In the event of
equipment failure or operator error, cylinders may be repeat tested
more than twice at time of manufacture, as long as the actual test
pressure does not exceed 110 percent of the minimum test pressure and
the stresses developed in the cylinder remain within its specification
and design limitations. Therefore, we are inserting a reference to that
provision in each cylinder manufacture pressure testing paragraph. Note
that this does not apply to 3AL cylinders, which, due to the
differences in ductility between aluminum and steel, are limited to a
single repeat test.
(b) Clarification of Sec. 178.42(f)
COSTHA submitted a comment requesting grammatical changes to the
proposed Sec. 178.42(f) to clarify our intent. Section 178.42
specifies two tests for DOT 3E cylinders. One cylinder from each lot
must be burst tested, and must burst at a pressure of 6,000 psig
without fragmenting or otherwise showing lack of ductility. Then
following a successful burst test, each remaining cylinder in the lot
must be examined under pressure of at least 3,000 psig, and not above
4,500 psig, and show no defect. The cylinder manufacturer may only
examine the cylinders at a pressure of 3,600 psig or greater if the
cylinder that was burst-tested at 7,500 psig or greater.
PHMSA response. We agree with COSTHA's comment that the proposed
language in Sec. 178.42(f)(3)(ii) was ambiguous. In this final rule,
we are reverting the language in Sec. 178.42(f) to the previous layout
and language and adding the incorporation of CGA C-1. In our attempt to
clarify the requirements in Sec. 178.42(f) we inadvertently made them
more ambiguous.
(c) CGA C-1.1
Hydro-Test Products, Bancroft Hinchey, ICT, Noble Gas Solutions,
and FIBA noted that the CGA C-1.1 training material we cited in Sec.
180.205(j), has been retracted by CGA and requested that we remove
reference to it.
PHMSA response. We agree with the commenters and will remove
reference to CGA C-1.1 from Sec. 180.205(j), as it no longer applies
as a resource.
(d) Burst Testing Accuracy
Worthington Cylinder submitted a comment requesting clarification
about whether CGA C-1 accuracy requirements apply to PIDs used when
burst testing cylinders during manufacturing.
PHMSA response. The answer is yes. In this final rule, we will
modify the relevant sections of the part 178 specifications for
cylinders to indicate that PIDs used for burst tests must meet the
requirements of CGA C-1.
(e) Reference Zero Expansion
Galiso submitted a comment requesting that we accept a value within
1 percent of readability as zero for daily verification.
PHMSA does not agree. The allowance of .1 percent of total
expansion will decrease time spent by requalifiers during daily
verification while ensuring that their system continues to meet
accuracy requirements. PHMSA will not consider a new ``zero'' standard
in this final rule.
(f) Repeat Tests for System Failure or Operator Error
Galiso submitted a comment requesting an explanation for the
limitation of two repeat tests in the case of system failure or
operator error. When a cylinder is pressurized, it expands. This
property is the basis of the volumetric expansion testing program.
Volumetric expansion testing measures the volume of the cylinder at
test pressure (elastic expansion), and compares it to the volume of the
cylinder after pressure is removed (permanent expansion). When
permanent expansion is more than 10 percent (or 12 percent for certain
cylinders) of elastic expansion, the cylinder must be condemned. If a
cylinder is pressurized to over 90 percent of test pressure and then
the system fails or the operator errs, it will not return to its
original state, rather it will exhibit permanent expansion and reduced
expandability because the metal has been stretched. When the test is
repeated the next day, the cylinder will exhibit less permanent
expansion than the day before, because it started the test in an
expanded state. PHMSA is concerned that allowing more than two repeat
tests cycles will allow cylinders that should have been condemned to
re-enter transportation.
(3) Corrections
(a) DOT 39 Burst Test
In the review of the NPRM, PHMSA determined that we inadvertently
removed the requirements for burst-testing DOT 39 cylinders from Sec.
178.65(f). In this final rule, we are re-inserting burst test
requirements with language incorporating CGA C-1 calibration and
accuracy requirements for burst testing into Sec. 178.65(f).
(b) Incorrect Usage of the Word ``Condemn''
In the review of the NPRM, PHMSA determined that we inadvertently
replaced the word ``rejected'' with ``condemned'' in several cylinder
manufacture pressure testing sections, specifically Sec. Sec. 178.46,
178.47, 178.55, 178.56, and 178.65. This was not our intent. In this
final rule, we will maintain the HMR's existing instructions for
cylinders rejected during manufacture.
(4) Pneumatic and Hydraulic Proof Pressure Tests
CGA C-1 provides instructions for conducting proof pressure tests
both pneumatically (gaseous-based system) and hydraulically (liquid-
based system). For the purposes of part 178, subpart C, a manufacturer
may choose either system when a proof pressure test is authorized.
PHMSA would like to emphasize that pneumatic proof pressure test
systems can present increased risks to test personnel due to the amount
of energy stored in a cylinder filled to test pressure with a gas.
Manufacturers must take this risk into account and develop systems to
prevent the injury or death of their employees in the event of a
catastrophic cylinder rupture at test pressure. The use of additional
safety equipment such as blast shields, test cages, etc., is advisable
to prevent possible injury to testing personnel and equipment.
P-1628
CGA submitted P-1628 requesting that PHMSA incorporate by reference
(IBR) CGA C-3-2005, Reaffirmed 2011, Standards for Welding on Thin-
Walled, Steel Cylinders, Seventh Edition into the HMR. Presently, the
HMR incorporate the Fourth Edition of this standard, CGA C-3-1994. This
publication contains information on welding process qualification,
welding operator qualifications, tensile testing, bend testing, and
radiographic inspection. The changes between the Fourth Edition and the
Seventh Edition were predominantly editorial or technical in nature.
The significant technical changes are summarized as follows and
[[Page 85402]]
can be reviewed in detail in the docket to petition P-1628: \7\
---------------------------------------------------------------------------
\7\ PHMSA Docket ID: PHMSA-2013-0278.
---------------------------------------------------------------------------
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 a tolerance section that indicates the plus and
minus tolerances when a specific dimensional tolerance is indicated in
the publication.
Added drawings to illustrate different weld joint designs.
Bancroft Hinchey, Worthington Cylinder, NAFED, and CGA submitted
comments supporting the incorporation of the Seventh Edition of CGA C-
3. Therefore, in this final rule, PHMSA is incorporating by reference
CGA C-3-2005, Reaffirmed 2011, as proposed.
Bancroft Hinchey requested clarification of training requirements
for cylinder requalifiers.
PHMSA response. Cylinder requalifiers meet the definition of
``hazmat employee'' found in Sec. 171.8. All hazmat employees must be
trained in accordance with 49 CFR part 172, subpart H, including
function specific training. An employee working as a cylinder
requalifier must be trained to perform that job function properly,
including visual inspection of cylinders, but would not necessarily
need welding training unless also performing a welding function subject
to the HMR.
P-1629
The CGA submitted P-1629 requesting that PHMSA incorporate by
reference (IBR) CGA C-14-2005, Reaffirmed 2010, Procedures for Fire
Testing of DOT Cylinder Pressure Relief Device Systems, Fourth Edition,
into the HMR. Presently, the HMR incorporates the First Edition of CGA
C-14-1979. 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) and current Sec. 173.301(f) of the
HMR. The procedures are 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 petition P-
1629: \8\
---------------------------------------------------------------------------
\8\ PHMSA Docket ID: PHMSA-2014-0012.
---------------------------------------------------------------------------
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 pounds water capacity to 1000 pounds water
capacity to permit a test method for all DOT 4-series cylinders.
Worthington Cylinder and CGA submitted comments supporting the
adoption of CGA C-14-2005, Reaffirmed 2010. Therefore, in this final
rule, PHMSA is adopting CGA C-14-2005, Reaffirmed 2010 as proposed.
P-1630
CGA submitted P-1630 requesting that PHMSA revise the HMR
requirements for DOT 4L welded insulated cylinders. Specifically, the
CGA requested PHMSA make two changes to add a definition of
``recondition'' to Sec. 180.203 and 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.
CGA submitted a comment to the NPRM requesting that we take no
action on their petition. We received no other comments to the proposed
changes based on P-1630, and therefore, we see no need to revise the
HMR based on this petition and will not adopt any changes proposed by
P-1630.
V. Special Permits and Comments Received
This final rule addresses one special permit. 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. In the NPRM, PHMSA did not propose changes 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).
In the NPRM, we proposed to adopt provisions from DOT-SP 14237 to
allow for the transportation of adsorbed gases in DOT specification
cylinders by creating a new section, Sec. 173.302d, in the HMR. The
HMR currently only authorizes the transportation of adsorbed gases in
UN pressure receptacles under the provisions of Sec. 173.302c. The use
of DOT cylinders containing adsorbed gases is currently authorized
under various special permits. In the NPRM, we proposed to authorize
the transportation of adsorbed gases in DOT-3E1800, DOT-3AA2015, and
DOT-3AA2265 cylinders with a capacity between 0.4 and 7.3 liters.
Additionally, the proposed Sec. 173.302d included a requirement to
place the DOT specification cylinder into a non-DOT specification full-
opening, hinged-head or fully removable head, steel overpack cylinder
constructed to meet the requirements of ASME Code Section VIII,
Division 1 with a minimum design margin of 4 to 1.\9\
---------------------------------------------------------------------------
\9\ These are all provisions carried over from DOT-SP 14237.
---------------------------------------------------------------------------
We received several comments regarding this proposal. Praxair
submitted a comment requesting that, rather than adopting DOT-SP 14237,
we harmonize DOT cylinder adsorbed gas requirements with UN pressure
receptacle requirements found in Sec. 173.302c, authorize all gases
for use as adsorbed service instead of the ``short list'' proposed in
Sec. 173.302d, eliminate the proposed overpack cylinder requirement,
and, if we did not eliminate the overpack requirement, require the
overpack be tested in a DOT-approved facility subject to the
requirements of part 107, subpart I. CGA submitted a comment suggesting
that rather than adopt the proposed special permit, we should align the
proposed requirements for adsorbed gases in DOT cylinders in Sec.
173.302d with the existing requirements for adsorbed gases in UN
pressure receptacles currently found in Sec. 173.302c. COSTHA
submitted a comment supporting the adoption of requirements for
adsorbed gases in DOT cylinders, but noted that some of the gas entries
we listed in the
[[Page 85403]]
proposed table in Sec. 173.302d had separate UN ID numbers for their
adsorbed version in the Sec. 172.101 Hazardous Materials Table that
should be cited instead of the non-adsorbed gas entry.
Entegris submitted a comment requesting that rather than adopting
DOT-SP 14237, we should adopt DOT SP-16485, which allows for
transportation of adsorbed gases in DOT-3AA and DOT-3E cylinders in a
manner harmonized with the current requirements for UN pressure
receptacles in Sec. 173.302c. Entegris noted that the overpack
requirement in DOT-SP 14237 was created to address the unique risks
associated with transportation by aircraft, and presents a significant
obstacle to efficient transportation by other modes. They noted that
Sec. 173.302c does not require the use of overpacks for UN pressure
receptacles containing adsorbed gas, nor does DOT-SP 16485.
PHMSA response. We appreciate the comments we received on this
topic. In this final rule, we are not adopting DOT-SP 14237, nor are we
inserting requirements for adsorbed gases in DOT specification
cylinders into the HMR in Sec. 173.302c. PHMSA's decision is based on
the lack of consensus on this subject and technical concerns we have
surrounding the modal requirements, minimum test pressure criteria, and
authorized requalification. There are multiple existing DOT SPs that
authorize the transportation of adsorbed gases in DOT specification
cylinders. These permits authorize different adsorbed gases and utilize
different DOT specification cylinders to contain the substrate and
adsorbed gas, and have different operational controls. Incorporating
the provisions of multiple special permits that authorize different
materials, multiple specification and non-specification cylinders, and
have differing operational controls, is challenging for PHMSA to
attempt at the final rule stage without soliciting comments on the
regulatory solution that melds the provisions and conditions of
multiple permits together. The incorporation of adsorbed gases presents
additional difficulties due to the risks presented by the highly toxic
nature of the gases currently transported in adsorbed form, leading us
to proceed with caution in adopting a standard into the HMR.
Therefore, PHMSA believes that the most appropriate way to
authorize adsorbed gases in DOT specification cylinders in the HMR is
to conduct a more thorough review of existing systems authorized by
special permit and propose a solution in a separate rulemaking, rather
than risk creating imperfect regulatory requirements. We will further
evaluate international standards for adsorbed gas transportation and
existing DOT special permits for determination on how best to adopt
provisions for adsorbed gases in DOT specification cylinders into the
HMR. Adsorbed gases may continue to be transported in UN pressure
receptacles in accordance with existing instructions in Sec. 173.302c,
or in DOT cylinders under the terms of a special permit. We will
consider revisiting this issue in a future rulemaking.
VI. Agency Initiated Editorial Corrections
PHMSA regularly reviews and revises the HMR to correct errors and
clarify any regulations that are unclear or confusing. PHMSA is making
the following changes in this final rule.
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
verify inspections. However, at present, the application information
requirements of Sec. 107.803(c)(3) only reference part 178. In the
NPRM, PHMSA proposed to revise Sec. 107.803(c)(3) to include part 180,
subpart C, for consistency.
We received one comment on this topic. Bancroft Hinchey supports
this revision. Therefore, in this final rule are adopting this change
as proposed in the NPRM.
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 revising 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.
We received one comment on this topic. Bancroft Hinchey supports
this revision. Therefore, in this final rule we are adopting this
change as proposed in the NPRM.
Section 178.70
Section 178.70 provides approval for the manufacture of UN pressure
receptacles (i.e., cylinders). Currently, 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 the NPRM, PHMSA
proposed to adopt language consistent with UN/ISO standards to reduce
the need for approvals.
We received one comment on this topic. Bancroft Hinchey supports
this revision. Therefore, in this final rule we are adopting this
change as proposed in the NPRM.
Section 180.203
Section 180.203 specifies definitions that apply to cylinder use,
qualification, and maintenance. In the NPRM, PHMSA proposed two
revisions to definitions in Sec. 180.203. In this final rule, we are
adopting the definition for ``mobile unit'' with modifications based on
comments received, and we are not adopting a new definition for ``proof
pressure test.''
(1) Define and Adopt ``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 type of
approval is to allow a cylinder requalifier to perform its requalifying
function away from the primary place of business to better serve
cylinder owners who need requalification testing and inspection of
cylinders. In the NPRM, we proposed to limit the operations of a mobile
unit to a 100-mile radius from the primary place of business. Eleven
commenters objected to this limit based on economic, safety, and
fairness grounds.
PHMSA response. PHMSA will not place a distance limit on the
operations of a mobile unit. However, an applicant for a mobile
requalifier identification number (RIN) must specify the geographic
area(s) in which they are requesting approval to operate. The
requirement to provide geographic information on the operating range of
a mobile unit is a part of the current approval process for mobile
units. However, it is not codified in the language of Part 107 for
cylinder
[[Page 85404]]
requalification approvals. The intent of this final rule is to codify
the geographic information requirement in the text of part 107 to
increase clarity, not create a new requirement. A mobile cylinder
requalifier must adhere to the requirements in a PHMSA-issued approval
letter to operate. Note that a mobile unit owned or operated by a
previously approved requalifier must still receive a separate approval.
(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.\10\ In the NPRM, we proposed to modify the
definition of ``proof pressure test'' to indicate that it could be
performed with either liquid or a gas. We received 9 comments opposed
to this change, and no comments in support.
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\10\ PHMSA removed this from the HMR under HM-220D (67 FR
51626).
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Our description of the advantages of pneumatic, or gas-based, proof
pressure testing in the NPRM was not entirely correct. In certain
instances, pneumatic testing may not be faster, less expensive, less
corrosive to the cylinder, or less environmentally harmful than
hydrostatic testing. Pressurizing a cylinder to test pressure and then
de-pressurizing it with air or another gas may take significantly
longer than using water. Regarding corrosion concerns, use of
compressed air for a pneumatic proof pressure test will generally
introduce water into the cylinder, and use of dry gases would generally
be cost-prohibitive except in very limited circumstances. Regarding
environmental concerns, as several commenters noted, many cylinder
requalifiers recycle the water they use.
PHMSA response. When we removed the modified hydrostatic pressure
test from the HMR and added the proof pressure test into part 180, we
intended that the test be conducted with a liquid, except in special
circumstances subject to a special permit. We do not believe that a
general authorization for pneumatic proof pressure tests for cylinder
requalification is in the public interest. Companies requesting
authorization to perform pneumatic proof pressure tests for cylinder
requalification may request special permits that detail the methods put
in place to prevent death and serious injury in the event of a cylinder
rupture at test pressure (i.e., much more energy is needed to
pressurize a cylinder with a gas than liquid, thus presenting a safety
risk to persons performing the test should a rupture occur). Therefore,
we will not adopt the proposed modified definition of a proof pressure
test in Sec. 180.203. Rather, we will modify the definition of the
test based on comments to indicate clearly that the test is to be
conducted with a liquid medium, unless otherwise authorized by a
special permit.
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).
Pressure tests and ultrasonic examination are authorized for UN
cylinders with tensile strength below 950 MPa, and only ultrasonic
examination is authorized for UN cylinders with a tensile strength
greater than or equal to 950 MPa. 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.
We received two comments on this topic. Bancroft Hinchey supports
the revision to include the phrase ``larger than 150 liters.'' FIBA
submitted a comment requesting that we delete the reference to MEGCs
from Sec. 180.207(d) because pressure receptacles exceeding 150 liters
(e.g. UN refillable seamless steel tubes) may be used for the
transportation of hazardous materials not only in MEGCs, but also in
other bulk packages, such as a tube trailer motor vehicle.
PHMSA response. We agree with FIBA that UN seamless steel cylinders
larger than 150 liters may be found in other packaging configurations
besides MEGCs. Our intent is to clarify that all UN seamless steel
cylinders, regardless of size or service must be requalified in
accordance with ISO 6406. However, we believe there is value in
referencing MEGCs as an example of a scenario where users, fillers, or
requalifiers may encounter these larger UN cylinders. Therefore, in
this final rule we will amend the proposed Sec. 180.207(d)(1) to
indicate that all UN seamless steel pressure receptacles, including
those with a capacity over 150 liters, must be requalified in
accordance with ISO 6406 whether installed in a MEGC or used in other
service.
Section 180.213
Section 180.213 prescribes marking requirements for the visual
inspection of cylinders (see 49 CFR 180.213(f)(5), (8), and (9)). In
the past, PHMSA has allowed a visual (V) requalifier identification
number (``V-number'' or ``VIN'') 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. PHMSA issues
approval letters that permit a V number marking, but only provide for
three of the four available marking options and do not reference Sec.
180.213.
Including all the marking requirements for V-numbers into Sec.
180.213 will make authorized options for these identification numbers
to be placed on a cylinder more widely understood.
Amerigas noted that when we inserted examples of acceptable ways to
mark a VIN, we omitted one acceptable marking combination that is found
in the VIN approval document. Bancroft Hinchey submitted a comment
supporting inserting VIN marking examples into the HMR.
PHMSA response. We agree with Amerigas, and will add the additional
method that shows the month and year directly above the VIN. In this
final rule, PHMSA is amending Sec. 180.213(g) to include examples of
V-number markings, as proposed, as well as the method showing the month
and year directly above the VIN.
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 the NPRM, PHMSA proposed 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.
We received one comment on this topic. Bancroft Hinchey submitted a
comment supporting this change. Therefore, in this final rule we will
adopt it as proposed. COSTHA submitted a comment requesting that PHMSA
revise the language in Sec. 180.215(c)(2)(vii) to delete the phrase
``(permanent expansion may not exceed ten percent (10 percent) of total
[[Page 85405]]
expansion)'' because this requirement does not apply to all cylinders.
We note the comment but consider it beyond the scope of this
rulemaking. We will consider the topic for possible inclusion in a
future rulemaking.
VII. 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
final rule, we revise Sec. 107.803(c)(3) as proposed to clarify that
the applicant's description of his or her ability to perform and verify
inspections must include those required under part 180 as well,
consistent with the general requirements in paragraph (a) that refer to
part 180.
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 final rule, we are adding paragraph
(c)(5) as proposed 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 make a conforming
edit to paragraphs (c)(3) and (4) by moving the ``and'' clause from
paragraph (c)(3) to paragraph (c)(4).
Section 171.7
Section 171.7 lists reference standards incorporated by reference
into the HMR that are not specifically set forth in the HMR.
Paragraph (n) specifically incorporates into the HMR publications
issued by the CGA, an industrial and medical gas association that,
among others, develops standards and practices for the safe
transportation of gases and their containers. In this final rule, we
add the Eleventh edition (2016) of CGA publication C-1, Methods for
Pressure Testing Compressed Gas Cylinders to Sec. 171.7(n). We also
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. The documents are summarized below.
The CGA publications include the following:
(1) CGA C-1, Methods for Pressure Testing Compressed Gas Cylinders
(2016; Eleventh edition). This publication provides the standard(s) for
pressure testing of compressed gas cylinders for many newly
manufactured cylinders and requalification of cylinders. This standard
contains operating and equipment requirements necessary to perform
pressure testing of compressed gas cylinders properly. Tests include
the water jacket method, direct expansion method, and proof pressure
method.
(2) CGA C-3, Standards for Welding on Thin-Walled Steel Cylinders
(2005, Reaffirmed 2011; Seventh edition). This publication contains
information on welding process qualification, welding operator
qualifications, tensile testing, bend testing, and radiographic
inspection. Additionally, this publication clarifies dimensional
tolerances and when weld macro etch can be used for weld process
approval and welder qualification approval.
(3) CGA C-6, Standards for Visual Inspection of Steel Compressed
Gas Cylinders (2013; Eleventh edition). This publication provides
cylinder users (requalifiers, owners, fillers, operators, etc.) with
criteria to accept, reject, and condemn steel compressed gas cylinders.
This standard does not cover all circumstances for each individual
cylinder type and condition of lading. Inspection procedures include
preparation of cylinders for inspection; exterior inspection; interior
inspection (if required); nature and extent of damage to be looked for;
and for some tests, the conditions of the cylinder, etc. A sample
inspection report is provided in an appendix.
(4) CGA C-14, Procedures for Fire Testing of DOT Cylinder Pressure
Relief Device Systems (2005, Reaffirmed 2010; Fourth edition). This
publication describes test procedures and apparatus for fire testing
compressed gas cylinder safety (pressure) relief devices as required by
the HMR. The procedures are applicable for cylinders that have less
than 500 lbs. water capacity and designed to provide a means of testing
to the HMR anywhere with reliable test data and repeatable test
results.
(5) CGA S-1.1, Pressure Relief Device Standards--Part 1--Cylinders
for Compressed Gases (2011; Fourteenth edition). This publication
provides the standard(s) for selection of the correct pressure relief
device that is required to meet the requirements of the HMR for over
150 gases. It provides guidance on when a pressure relief device can be
optionally omitted, and when the use of a pressure relief device is
prohibited. It provides direction and guidance on the manufacture and
testing of pressure relief devices as well as the operation parameters
and maintenance. In this final rule, we are removing the phrase ``with
the exception of paragraph 9.1.1'' from Sec. 171.7(n)(18). Compliance
with paragraph 9.1.1 is still not required; however, we have moved this
instruction to each place S-1.1 is incorporated in Part 173 and Part
178 for clarity.
All of these CGA standards are available for purchase on the CGA
website.\11\ Additionally, these standards are available for public
inspection at the Hazardous Material Information Center ((202) 366-
4488; [email protected]) by appointment.
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\11\ https://www.cganet.com/what-we-do/standards-publications/.
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The regulatory text of this rule references ASTM E 8-99, The
Aluminum Association's ``Welding Aluminum: Theory and Practice, Fourth
Edition, 2002'', and Transport Canada's TDG Regulations. These
standards are already approved for the sections that are being amended.
Section 171.23
Section 171.23 prescribes requirements for transport of specific
materials and packaging under international transportation standards
such as the International Civil Aviation Organization Technical
Instructions for the Safe Transport of Dangerous Goods by Air.
Paragraph (a)(5) outlines requirements for filling of cylinders for
export or use onboard a vessel. In this final rule, we revise the
marking requirements consistent with changes made to Sec. 180.213.
Section 173.3
Section 173.3(d)(1) prescribes how a damaged or leaking cylinder
that contains hazardous material may be transported in a non-DOT-
specification fully opening hinged-head or removable head steel salvage
cylinder. In this final rule, we are amending Sec. 173.3(d)(1) to
permit cylinders that contain Class 4 or 5 materials to use this
exception as well. In addition, because of the inclusion of Class 4 or
5 materials as authorized material for salvage cylinders, we are
reformatting the regulatory text to reference those materials in
damaged or leaked cylinders that are excluded from being allowed to be
overpacked in a salvage cylinder rather than listing those that are
authorized.
[[Page 85406]]
Section 173.301
Section 173.301 provides the general requirements for shipment of
compressed gases and other hazardous material in cylinders. In this
final rule in paragraphs (c) and (f), we make an editorial revision to
correct the section citation of CGA S-1.1 to read 9.1.1. Additionally,
we are revising paragraph (f) to clarify the pressure relief
requirements for DOT 39 cylinders. See the discussion of P-1580 for
further details.
Section 173.302
Section 173.302(f) prescribes the requirements for transporting
non-liquefied or ``permanent'' oxidizing gases by air. We are amending
Sec. 173.302(f)(2)(i) and adding a new Sec. 173.302(f)(2)(iii) to
align with CGA S-1.1 requirements for DOT 39 cylinders. See the
discussion of P-1580 for further details.
Section 173.302a
Section 173.302a(a)(3) prescribes the filling requirements for DOT
39 cylinders that contain Division 2.1 gas or chemical under pressure.
In the NPRM, we proposed to clarify the capacity (internal volume)
requirements, to make it clear that the 1.23 liter limit applies to
Division 2.1 material, and specification size limits of a DOT 39
cylinder apply to chemicals under pressure classed as Division 2.1 (see
49 CFR 172.102, special provision 362). As we noted in the NPRM, the
previous 50 L limit for chemical under pressure in a DOT 39 cylinder is
much larger than the actual maximum size authorized for the DOT 39
specification in Sec. 178.65. This discrepancy was an unintentional
outcome of a harmonization effort with international requirements for
non-refillable cylinders, which allow larger sizes than the HMR (see
Docket No. PHMSA-2012-0027 (HM-215L); 78 FR 988). To reduce confusion
introduced by the conflict of the 50 L quantity in Sec. 173.302a(a)(3)
and the capacity limts of the specification, we are deleting the
reference to ``50 L (3050 in\3\)'' and replacing it with reference to
the DOT 39 specification capacity limits--1526 in\3\ for a service
pressure of 500 psig or less, and 277 in\3\ for a service pressure of
greater than 500 psig.
We also proposed an editorial correction to the start of paragraph
(a)(3) by removing the non-italicized ``DOT 39.''
Section 173.302a(c) provides special filling limits for DOT 3A,
3AX, 3AA, and 3AAX cylinders filled with hydrogen and mixtures of
hydrogen with helium, argon, or nitrogen. We are modifying Sec.
173.302a(c)(4) to harmonize with CGA S-1.1. Shippers are not required
to install pressure relief devices on tubes (cylinders longer than 144
inches, or 12 feet) shipped in accordance with this paragraph, however
their continued use and installation is authorized. This change
maintains regulatory flexibility and alignment with accepted industry
practice. See discussion of P-1592 for further details.
Section 173.304
Section 173.304(f) prescribes the requirements for transporting
liquefied compressed oxidizing gases by air. In this final rule, we are
amending Sec. 173.304(f)(2)(i) and adding a new Sec.
173.304(f)(2)(iii) to align with CGA S-1.1 pressure relieve device
requirements for DOT 39 cylinders. See the discussion of P-1580 for
further details.
Section 173.304a
Section 173.304a prescribes the maximum permitted filling density
and authorized cylinders for specific gases. In the NPRM, we proposed
to add new paragraph (a)(3) to Sec. 173.304a to state clearly that the
maximum capacity (internal volume) of a DOT 39 cylinder containing
liquefied flammable gas is 1.23 liters (75 in\3\). We also proposed to
require these cylinders to be equipped with a pressure relief valve, as
prescribed in CGA S-1.1, unless the material is not listed in CGA S-
1.1, in which case a CG-7 pressure relief valve must be used.
In this final rule we are modifying our proposed change to Sec.
173.304a and imposing a 75 in\3\ limit on the capacity of DOT 39
cylinders containing the following liquefied flammable gases:
Cyclopropane, ethane, ethylene, and liquefied petroleum gas. We are
also adopting the requirement that a DOT 39 cylinder containing a
liquefied gas not listed by name in CGA S-1.1 must be equipped with a
CG-7 pressure relief valve, as proposed. See discussion of P-1622 for
further details.
Section 173.306
Section 173.306 provides exceptions from the requirements of the
HMR for limited quantities of compressed gas. Paragraph (g) excepts
water pump system tanks charged with compressed air or limited
quantities of nitrogen to not over 40 psig from labeling and
specification packaging when shipped in conformance with the
requirements prescribed in the paragraph. In this final rule, we revise
Sec. 173.306(g) to authorize composite as well as steel tanks, to
require a more flexible testing regime at the manufacturers MAWP rather
than a set 100 psig, to allow water pump system tanks to be charged
with helium, and to clarify that transportation by aircraft is not an
authorized mode of transport. See discussion of P-1582 for more
details.
Section 173.309
In the NPRM, we proposed to revise Sec. 173.309 to state that the
requirements applicable to fire extinguishers also apply to those
cylinders used as part of a fire suppression system. In this final
rule, we are adopting the change as proposed, while clarifying our
intent as to what is considered a ``fire extinguisher.'' We are
allowing cylinders charged with a compressed gas and an extinguishing
agent that are intended for installation into fire suppression systems
to be described as ``UN1044, Fire extinguishers.'' We are not allowing
cylinders charged with an inert gas and used only to pressurize a fire
suppression system to be described as ``UN1044, Fire extinguishers''
when offered for transportation separately from the suppression system.
See discussion of P-1546 for further details.
Section 173.312
Section 173.312(b)(1) prescribes the filling requirements for
multiple element gas containers (MEGCs). In this this final rule, we
are clarifying requirements for filling MEGC pressure receptacles
containing liquefied compressed gas by weight to emphasize that each
pressure receptacle must be filled individually. See discussion of P-
1572 for further details.
Section 173.323
Section 173.323 is the packaging section for ethylene oxide. In
this final rule, we are making an editorial revision to this section to
add a reference to the central IBR section, Sec. 171.7, for the
existing references to CGA Pamphlet C-14. CGA C-14 was previously
approved for inclusion in this section, but through an oversight, Sec.
171.7 was not referenced as required for approved IBRs. This final rule
corrects that oversight.
Section 178.35
Section 178.35(f) prescribes the marking requirements that apply to
DOT-specification cylinders. In this final rule, we are adding new
paragraph (f)(8) to Sec. 178.35 to require that cylinder tare weight
or mass weight, and water capacity be marked on certain DOT-
specification cylinders that are filled by weight. See discussion of P-
1540 for further details.
Although we did not discuss the above in the petition discussion
section,
[[Page 85407]]
we note Dow Chemical submitted a comment requesting that we add a
paragraph to Sec. 178.35 stating that a cylinder manufactured under
this subpart prior to publication of HM-234 may continue to be filled
and offered for transportation until its authorized service life has
expired. We do not believe such a statement is necessary. Section
173.301(a)(1) addresses this situation by providing that compressed
gases must be in UN pressure receptacles built in accordance with the
UN standards or in metal cylinders and containers built in accordance
with the DOT and ICC specifications and part 178 in effect at the time
of manufacture or CRC, BTC, CTC or TC specification, and requalified
and marked as prescribed in subpart C in part 180, if applicable.
Cylinders manufactured prior to the publication of HM-234 may
continue in service, subject to the requalification provisions of part
180, subpart C, and other applicable requirements of the subchapter.
Sections 178.36, 178.37, 178.38, 178.39, 178.42, 178.44, 178.45,
178.46, 178.47, 178.50, 178.51, 178.53, 178.55 178.56, 178.57, 178.58,
178.59, 178.60, 178.61, 178.65, and 178.68
These sections prescribe the DOT-specification requirements for a
cylinder type including the performance standards for pressure testing
of the cylinder. In this final rule, we require that testing and
equipment used to conduct the pressure testing be in conformance with
CGA C-1, Methods for Pressure Testing Compressed Gas Cylinders, to
provide for consistency and clarity in performance of pressure testing.
In this final rule, we also revise the format of the pressure testing
paragraphs for greater consistency, including adding notification that
any pressurization in excess of 90% of test pressure constitutes a
test, and that operator error (i.e. selecting the wrong test pressure)
is an acceptable reason to allow a repeated test in accordance with CGA
C-1 requirements. See the discussions of P-1515 and P-1626 for further
details on the requirements in CGA C-1. A detailed discussion of
changes to each section follows.
Section 178.36 Specification 3A and 3AX Seamless Steel Cylinders
The paragraph (i) title ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference into (i)(1) and (3)
for volumetric expansion testing as proposed.
Section 178.37 Specification 3AA and 3AAX Seamless Steel Cylinders
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference into paragraphs
(i)(1) and (3) for volumetric expansion testing as proposed.
Section 178.38 Specification 3B Seamless Steel Cylinders
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference into paragraphs
(i)(1) and (3) for volumetric expansion testing as proposed. To
increase clarity, in this final rule we move the instructions for proof
pressure testing of cylinders after a selected cylinder from a lot is
volumetrically expansion tested at 3 times service pressure from the
proposed paragraph (i)(5) to paragraph (i)(2)(ii) to ensure cylinder
manufactures are aware of the requirement when reading through
paragraph (i). As a result, we also incorporate CGA C-1 into paragraph
(i)(2) for proof pressure testing.
Section 178.39 Specification 3BN Seamless Nickel Cylinders
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference into paragraphs
(i)(1) and (3) as proposed.
Section 178.42 Specification 3E Seamless Steel Cylinders
The paragraph (f) ``Hydrostatic test'' is renamed ``Pressure
testing'' as proposed. As discussed in our discussion of P-1626 we are
not adopting the proposed re-organization of Sec. 178.42(f) based on
comments received that the new layout would generate confusion for
regulated entities. Further, CGA C-1 is incorporated by reference for
burst testing in paragraph (f)(2) and proof pressure testing in
paragraph (f)(3).
Section 178.44 Specification 3HT Seamless Steel Cylinders for Aircraft
Use
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference into paragraphs
(i)(1) and (3) for volumetric expansion testing as proposed.
Section 178.45 Specification 3T Seamless Steel Cylinder
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference into paragraphs
(i)(1) and (3) for volumetric expansion testing as proposed.
Section 178.46 Specification 3AL Seamless Aluminum Cylinders
The paragraph (g) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference into paragraphs
(g)(1) and (3) for volumetric expansion testing as proposed. The HMR
currently only allows one repeat test for 3AL cylinders in the case of
equipment failure. As proposed, we maintain this requirement in this
final rule. 3AL cylinders may only be subjected to one repeat test,
rather than the two allowed under CGA C-1. This is due to the different
expansion properties of aluminum compared to steel, which would render
the expansion measured during a 2nd repeated test at increased pressure
an invalid measurement of the cylinder's suitability.
Section 178.47 Specification 4DS Welded Stainless Steel Cylinders for
Aircraft Use
The paragraph (j) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference into paragraphs
(j)(1) and (3) for volumetric expansion testing as proposed. As
proposed, the final rule adds an option for direct expansion testing
for 4DS cylinders. PHMSA believes that including the hydrostatic
testing direct expansion method in addition to the water jacket method
provides for greater flexibility for the tester by allowing an
alternative hydrostatic testing method for determining permanent
expansion. PHMSA believes that direct expansion will provide an
equivalent level of safety when performed in accordance with CGA C-1.
Section 178.50 Specification 4B Welded or Brazed Steel Cylinders
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference in paragraph (i)(1)
for volumetric expansion testing of one selected cylinder per lot, and
(i)(2) for pressure testing the remainder of the lot as proposed.
Section 178.51 Specification 4BA Welded or Brazed Steel Cylinders
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference in paragraph (i)(1)
for volumetric expansion testing of one selected cylinder per lot, and
paragraph (i)(2) for pressure testing the remainder of the lot as
proposed.
[[Page 85408]]
Section 178.53 Specification 4D Welded Steel Cylinders for Aircraft Use
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure test''
and CGA C-1 is incorporated by reference as proposed. In this final
rule, we are re-inserting the option to conduct a volumetric expansion
test on each cylinder at 2 times service pressure. It was not our
intent to remove this option for cylinder manufacturers.
Section 178.55 Specification 4B240ET Welded or Brazed Cylinders
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference in paragraph (i)(1)
for volumetric expansion testing, paragraph (i)(2) for pressure
testing, and paragraph (i)(3) for burst testing as proposed.
Section 178.56 Specification 4AA480 Welded Steel Cylinders
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference in paragraph (i)(1)
for volumetric expansion testing and paragraph (i)(2) for pressure
testing as proposed.
Section 178.57 Specification 4L Welded Insulated Cylinders
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference in paragraphs (i)(1)
and (3) for pressure testing as proposed.
Section 178.58 Specification 4DA Welded Steel Cylinders for Aircraft
Use
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference in paragraphs (i)(1)
and (3) for volumetric expansion testing as proposed.
Section 178.59 Specification 8 Steel Cylinders With Porous Fillings for
Acetylene
The paragraph (h) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated in paragraph (h)(1) for
volumetric expansion testing and paragraph (h)(2) for pressure testing
as proposed. Additionally, we have editorially revised paragraph (h) to
clarify that if the randomly selected cylinder from each lot fails the
volumetric expansion test, the remaining cylinders in the lot are not
eligible for proof pressure testing and each cylinder must pass a
volumetric expansion test at 750 psig to be accepted.
Section 178.60 Specification 8AL Steel Cylinders With Porous Fillings
for Acetylene
The paragraph (j) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference in paragraph (j)(1)
for volumetric expansion testing and paragraph (j)(2) for proof
pressure testing as proposed. Additionally, we have editorially revised
paragraph (j) to clarify that if the randomly selected cylinder from
each lot fails the volumetric expansion test, the remaining cylinders
in the lot are not eligible for proof pressure testing and must pass a
volumetric expansion test at 750 psig to be accepted.
Section 178.61 Specification 4BW Welded Steel Cylinders With Electric-
Arc Welded Longitudinal Seam
The paragraph (i) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference in paragraph (i)(1)
for volumetric expansion testing and paragraph (i)(2) for pressure
testing as proposed.
Section 178.65 Specification 39 Non-Reusable (Non-Refillable) Cylinders
The paragraph (f) ``Pressure tests'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference in paragraph (f)(1)
for proof pressure testing and paragraph (f)(2) for burst testing as
proposed.
Section 178.68 Specification 4E Welded Aluminum Cylinders
The paragraph (h) ``Hydrostatic test'' is renamed ``Pressure
testing'' and CGA C-1 is incorporated by reference in paragraphs (h)(1)
and (2) for volumetric expansion testing and paragraph (h)(3) for
pressure testing as proposed.
Sections 178.50, 178.51, 178.61, and 178.68
These sections prescribe DOT 4-series specification requirements.
As written these specifications are at times unclear to manufacturers
and enforcement personnel. In this final rule, we are revising the
specification requirements to promote consistent and uniform
manufacturing practices for DOT 4-series cylinders to improve
understanding by these entities. See the discussion of P-1501 for
further details. Below we will discuss changes to each section in
detail.
Section 178.50 Specification 4B Welded or Brazed Steel Cylinders
For steel requirements, we are requiring that manufacturers keep a
record of intentionally added alloying elements, as proposed.
For material identification, the final rule makes an editorial
clarification that the method used to identify the material must not
compromise the integrity of the cylinder, as proposed.
For heat treatment, we are making an editorial clarification to
direct cylinder manufacturers to table 1 to appendix A of part 178 for
details on suitable heat treatment.
For cylinder attachments, we have moved thread requirements to
their own paragraph, (h)(h), without making any changes to thread
requirements.
For elongation requirements, we are allowing reduction in
elongation percentage based on cylinder tensile strength to align with
requirements for DOT 4BA and 4BW cylinder requirements.
For rejected cylinders, we are adopting as proposed heat treatment
after seam repairs requirements as follows:
For cylinders with an outside diameter of less than or
equal to six (6) inches, welded seam repairs greater than one (1) inch
in length shall require reheat treatment of the cylinder.
For cylinders greater than an outside diameter of 6
inches, welded seam repairs greater than three (3) inches in length
shall require reheat treatment.
The HMR current manufacturing standards require heat treatment
after any welding repair, but we believe this additional flexibility
for manufacturers will maintain the same high level of safety for
repaired cylinders.
Finally, we are removing discussion of embossing the head or
sidewall of the cylinder from Sec. 178.50(o)(2). PHMSA has concerns
with defining ``embossing.'' Markings must be stamped plainly and
permanently on the cylinder as prescribed in Sec. 178.50(o)(1).
Section 178.51 Specification 4BA Welded or Brazed Steel Cylinders
For steel, we are requiring that manufacturers keep a record of
intentionally added alloying elements, as proposed.
For material identification, the final rule makes an editorial
clarification that the method used to identify the material must not
compromise the integrity of the cylinder, as proposed.
For head attachment, we are allowing heads to be attached by
welding, as proposed. The previous restriction to brazing only was not
PHMSA's intent.
For seams, we are making an editorial revision to paragraph (a) to
clarify that longitudinal seams are permitted for cylindrical-type
cylinders as proposed.
[[Page 85409]]
For welding, we are making an editorial revision to paragraph (e),
as proposed, to clarify allowable welding operations on the cylinder.
For yield strengths, tensile strengths, elongations and reduction
of area of material, we are re-naming paragraph (j) from ``Physical
tests'' to ``Mechanical tests'' as proposed. Additionally, we are
removing the language requiring that the mechanical tests be conducted
on a cylinder that has passed the hydrostatic testing because the
mechanical tests are unrelated to the pressure test requirements.
During our review of the final rule, we noted we inadvertently omitted
the requirement that mechanical tests must be conducted after heat
treatment. This was not our intent; therefore, we are re-inserting the
statement that mechanical tests must be conducted after heat treatment
is performed.
For mechanical test samples for spherical cylinders, we are now
allowing samples to be taken directly from the formed sphere, if the
manufacturer desires, in order ensure the mechanical test samples are
as representative as possible of the spheres themselves.
In this final rule, we require that manufacturers remove samples
for mechanical tests as provided in appendix A to subpart C of part 178
as proposed in order to improve consistency of cylinder mechanical
tests. PHMSA believes that all manufacturers were previously removing
samples as recommended in appendix A to subpart C of part 178,
therefore this will not create any new burdens for industry.
For rejected cylinders, we are adopting as proposed heat treatment
after seam repairs requirements as follows:
For cylinders with an outside diameter of less than or
equal to six (6) inches, welded seam repairs greater than one (1) inch
in length shall require reheat treatment of the cylinder.
For cylinders greater than an outside diameter of 6
inches, welded seam repairs greater than three (3) inches in length
shall require reheat treatment.
The HMR current manufacturing standards require heat treatment after
any welding repair, but we believe this additional flexibility for
manufacturers will maintain the same high level of safety for repaired
cylinders.
Finally, we are removing discussion of embossing the head or
sidewall of the cylinder from Sec. 178.51(n)(2). PHMSA has concerns
with defining ``embossing.'' Markings must be stamped plainly and
permanently on the cylinder as prescribed in Sec. 178.51(n)(1).
Section 178.61 Specification 4BW Welded Steel Cylinders With Electric-
Arc Welded Longitudinal Seam
For steel, we are requiring that manufacturers keep a record of
intentionally added alloying elements, as proposed.
For identification of material, the final rule makes an editorial
clarification that the method used to identify the material must not
compromise the integrity of the cylinder, and that plates and billets
for hotdrawn cylinders must be marked with the heat number, as
proposed. PHMSA believes that cylinder manufacturers are already in
compliance with this requirement and this does not impose any new
burden on industry.
For examination of welds, we are adding reference to radioscopic
examination, when conducted in accordance with CGA C-3, to increase
flexibility for manufacturers while not compromising examination of
welds.
For heat treatment, we are aligning the heat treatment requirements
with those for DOT 4BA cylinders and clarifying that heat treatment may
occur before, during, or after brazing operations.
For yield strengths, tensile strengths, elongations and reduction
of area of material, we are re-naming paragraph (j) from ``Physical
tests'' to ``Mechanical tests'' and adding introductory text as
proposed. This editorial change is intended to align the 4BW
specification language with the similar DOT 4B and 4BA cylinders
language. Additionally, we are requiring that manufacturers remove
samples for mechanical tests as provided in appendix A to subpart C of
part 178, as proposed, in order to improve consistency of cylinder
mechanical tests. PHMSA believes that all manufacturers were previously
removing samples as recommended in appendix A to subpart C of part 178,
therefore this will not create any new burdens for industry. Finally,
for the guided bend test we are aligning the DOT 4BW requirements with
the 4BA and allowing specimens to be taken from welded test plates and
additional specimen testing if the original specimen fails.
For openings to cylinders, we are aligning the DOT 4BW requirements
with the existing requirements for DOT 4B and 4BA cylinders as proposed
to promote consistency and simplify compliance for manufacturers
producing these similar cylinders. Additionally, we are aligning the
4BW with the 4B specification by adding an allowance to attach brass
fittings that are components of handheld fire extinguishers.
For rejected cylinders, we are adopting as proposed heat treatment
after seam repairs requirements as follows:
For cylinders with an outside diameter of less than or
equal to six (6) inches, welded seam repairs greater than one (1) inch
in length shall require reheat treatment of the cylinder.
For cylinders greater than an outside diameter of 6
inches, welded seam repairs greater than three (3) inches in length
shall require reheat treatment.
The HMR current manufacturing standards require heat treatment
after any welding repair, but we believe this additional flexibility
for manufacturers will maintain the same high level of safety for
repaired cylinders.
For marking, we are adding the following marking locations:
1. On side wall adjacent to top head for side walls not less than
0.090 inch thick.
2. On a cylindrical portion of the shell that extends beyond the
recessed bottom of the cylinder constituting an integral and non-
pressure part of the cylinder.
3. Neckring.
These new locations for the 4BW are already allowed for the very
similar 4BA cylinder, are intended to align the 4BW with the 4BA with
no decrease in safety.
Finally, we are removing discussion of embossing the head or
sidewall of the cylinder from Sec. 178.61(n)(2). PHMSA has concerns
with defining ``embossing.'' Markings must be stamped plainly and
permanently on the cylinder as prescribed in Sec. 178.61(n)(1).
Section 178.68 Specification 4E Welded Aluminum Cylinders
For aluminum material in Sec. 178.68(b), we are requiring that
manufacturers keep a record of intentionally added alloying elements,
as proposed. Additionally, we are revising Note 1 to Table 1 to
maintain the requirement to conduct regular analysis of the material.
It was our intent for the requirement to record intentionally added
alloying elements to complement the regular analysis of the material,
not replace it.
For yield strengths, tensile strengths, elongations and reduction
of area of material, we are re-naming paragraph (j) from ``Physical
tests'' to ``Mechanical tests'' as proposed. For acceptable results for
mechanical tests we are not adding the phrase ``a minimum tensile
strength as defined in paragraph (f)(1)(ii)
[[Page 85410]]
of this section'' to paragraph (k). This text is unnecessary, therefore
we are not adopting it. For the alternate guided bend test, we are
revising requirements to align with the standards of the Aluminum
Association and similar low-pressure steel cylinders.
Finally, we are removing discussion of embossing the head or
sidewall of the cylinder from Sec. 178.68(n)(2). PHMSA has concerns
with defining ``embossing.'' Markings must be stamped plainly and
permanently on the cylinder as prescribed in Sec. 178.68(n)(1).
Section 178.70
Section 178.70(d) prescribes the requirements to obtain design
approval of a UN pressure receptacle. In this final rule, we are
revising paragraph (d) as proposed to include language that an approval
for a design modification is not required if the specific design
modification is covered under the UN/ISO standard for the design type
already approved.
In our review of the NPRM, we discovered we inadvertently deleted
the sentence ``An audit may be required as part of the process to
modify an approval'' from Sec. 178.70(d). This was not our intent,
therefore in this final rule we are reinserting this sentence.
Section 178.75
Section 178.75 contains the requirements for construction of Multi-
Element Gas Containers (MEGCs). In this final rule, we are making two
editorial revisions to Sec. 178.75. First, we are correcting a spacing
error that made paragraphs (e)(3)(i) and (ii) appear to be part of the
same paragraph. Additionally, we are clarifying that compliance with
CGA S-1.1 paragraph 9.1.1 is not required for PRDs installed on MEGCs.
This editorial change is necessary because we have removed the phrase
``except 9.1.1'' from the central Sec. 171.7 IBR reference for CGA S-
1.1.
Section 180.203
Section 180.203 prescribes definitions that apply to the
qualification, maintenance, and use of cylinders under the HMR. In this
final rule, we add new definitions for the terms or phrases ``mobile
unit'' and ``over-pressurized,'' and revise the definitions for
``commercially free of corrosive components'' and ``proof pressure
test.'' We previously discussed the definitions for ``mobile unit'' and
``proof pressure test'' in Section VII. Agency Initiated Editorial
Corrections. The revision to ``commerically free of corrosive
components'' is an editorial revision to express the allowable water
content in parts per million (ppm) rather than dew point. We added a
definition for ``over-pressurized'' because it is now included as a
condition for condemnation of a cylinder under Sec. 180.205(i)--i.e.,
a cylinder that is known to have been or shows evidence of being
``over-pressurized.'' We received no comments related to the new
definition for ``over-pressurized'' and therefore will adopt as
proposed. We delete the definitions for ``defect,'' ``elastic
expansion,'' ``permanent expansion,'' ``rejected cylinder,'' ``test
pressure,'' ``total expansion,'' ``visual inspection,'' and
``volumetric expansion test.'' These new and revised definitions will
clarify the cylinder requirements prescribed in part 180, subpart C.
The deletion of definitions is intended to remove conflicts and
redundancies with the newly incorporated by reference CGA C-1
definitions. See discussion of P-1515 and P-1626 for further discussion
of CGA C-1.
Section 180.205
Section 180.205 prescribes the general requirements for
requalifying DOT-specification cylinders. In this final rule, we are
revising and adding new regulatory text for clarity, and incorporating
CGA C-1 into the HMR. Specifically, we clarify the conditions requiring
test and inspection of cylinders under paragraph (d) by including a
reference to thermal damage as proposed by P-1515 (discussed above in
Section IV) to identify cylinders weakened by exposure to heat and
evidence of grinding; revise the paragraph (f) visual inspection
requirements to include reference to shot blasting and ``chasing'' of
cylinders as proposed by P-1515 in accordance with previous PHMSA
guidance; revise the paragraph (g) requirements for pressure tests by
incorporating by reference CGA C-1; editorially revise paragraph (h) to
clarify that rejected cylinders must be repaired or rebuilt as provided
in Sec. 180.211 prior to further use, not just requalified; revise
paragraph (i) to clarify the responsibilities of the requalifier and
add conditions under which a cylinder must be condemned, including arc
burns on aluminium cylinders, known over-pressurization, end of service
life, and stamping on sidewalls as proposed by P-1515; and move the
reference of training materials to its own paragraph (j). See
discussion of P-1515 and P-1626 for additional information on the
incorporation of CGA C-1.
Section 180.207
Section 180.207 prescribes requirements for requalifying UN
pressure receptacles. In this final rule, we revise and add new
regulatory text for clarity. In the NPRM, we proposed to remove
language authorizing approvals for the extension of the service life of
a composite ISO pressure receptacle and require condemnation in
accordance with Sec. 180.205(i)(1)(x). In this final rule, we will not
adopt these changes, but we will remove reference to a 15-year service
life because it does not apply to all ISO composite cylinders. Approval
may still be sought to extend the life of ISO composite pressure
receptacles and each request will be considered on a case by case
basis. Additionally, we clarify language in the introduction to the
requalification table to confirm that UN pressure receptacles must be
requalified prior to filling the cylinders beyond the marked
requalification date; editorially revise paragraph (d) for clarity; and
revise the requalification procedures for seamless steel cylinders to
include MEGC and other pressure receptacles larger than 150 liters
water capacity.
Section 180.209
Section 180.209 prescribes requirements for requalifying
specification cylinders. In this final rule, we are revising and adding
new regulatory text for clarity and incorporating by reference the 2016
version of CGA C-1, Methods for Pressure Testing Compressed Gas
Cylinders. Specifically, we revise: The requirement for a hammer test
in Sec. 180.209(b); the paragraph (c) tare weight marking
requirements; the paragraph (e) proof pressure testing requirements to
incorporate by reference CGA C-1; the paragraph (g) visual inspection
requirements to remove the obsolete reference to a delayed compliance
period that ended in 2004 and to create an entry for cylinders
containing propylene, commercially free from corroding components to be
requalified visually as proposed by P-1626; the paragraph (j)
requirements for fire extinguisher requalification to align with CGA C-
1, including allowing direct expansion tests for 4-series cylinders
used as fire extinguishers because we believe the direct expansion
method is an equivalent method for requalifying fire extinguishers; and
the paragraph (l) requirements for marking foreign cylinders. See
discussion of P-1626 and P-1515 for additional information on the
incorporation of CGA C-1 and additional editorial revisions to Sec.
180.209.
Section 180.212
Section 180.212(a) prescribes requirements to repair seamless DOT
3-
[[Page 85411]]
series specification cylinders and seamless UN pressure receptacles. In
this final rule, we are revising paragraph (a) to require an ultrasonic
examination on DOT 3-series cylinders and seamless UN pressure
receptacles after any grinding is performed on these cylinders.
Additionally, we are adopting as proposed prohibitions from removing
arc burns from cylinders. The presence of arc burns requires cylinder
rejection at time of visual inspection, and repair facilities may not
remove this evidence from a cylinder. We are adopting ultrasonic
examination requirements when grinding is conducted, as proposed. It is
PHMSA's understanding that cylinder repair facilities already regularly
conduct ultrasonic examination whenever wall thickness is removed or in
question, therefore this requirement should not impose any additional
burden on cylinder repairers. Finally, we are adopting as proposed a
new marking requirement for repaired cylinders to indicate compliance
with the repair requirements.
Section 180.213
Section 180.213 prescribes requirements for marking DOT-
specification cylinders and UN pressure receptacles that are
successfully requalified. In this final rule, we also clarify the
marking requirements for foreign cylinders filled for export under
paragraph (d). The final rule includes two new marking requirements
under paragraph (f):
Designation of grinding with ultrasonic wall thickness
examination; and
designation of requalification of a foreign cylinder for
export only requalified in conformance with Sec. Sec. 171.23(a)(5) and
180.209(l) of the HMR. The ``EX'' marking for foreign cylinders
requalified for export only should not be confused with explosive
approvals numbers.
Finally, we add visual inspection identifier number marking
requirements under a new paragraph (g) that codify the requirements
already found in visual requalifier approval documents.
Section 180.215
Section 180.215 prescribes reporting and retention requirements for
a person who requalifies, repairs, or rebuilds cylinders. In this final
rule, we revise what information these documents must contain: For
calibration certificates, requalifiers must now retain a copy of the
most recent calibration certificate for their pressure indicating
device and expansion indicating device, to align with CGA C-1
requirements incorporated by reference under this final rule;
correcting an ambiguity in Sec. 180.215(c)(2)(vii) to clarify that
records for both proof pressure and volumetric expansion tests after
re-building a 4-series cylinder must be preserved; and for DOT 3-series
cylinders repaired using grinding, a record of the performance of
grinding repairs and ultrasonic examination.
VIII. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Final Rule
This rulemaking responds to 20 petitions for rulemaking, one
special permit, and several agency-identified issues that have a
potential effect on hazardous materials transportation safety. Federal
Hazardous Materials Transportation Law (49 U.S.C. 5101-5128) authorizes
the Secretary of Transportation to ``prescribe regulations for the safe
transportation, including security, of hazardous material in
intrastate, interstate, and foreign commerce.'' The Secretary's
authority is delegated to PHMSA at 49 CFR 1.97.
B. Executive Order 12866 and DOT Policies and Procedures for
Rulemakings
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order (E.O.) 12866, ``Regulatory
Planning and Review,'' 58 FR 51735, and was not reviewed by the Office
of Management and Budget (OMB). This rule is also not significant under
the Department of Transportation's Policies and Procedures for
Rulemakings (DOT Order 2100.6; Dec. 20, 2018).
E.O. 12866 requires agencies to design regulations ``in the most
cost-effective manner,'' to make a ``reasoned determination that the
benefits of the intended regulation justify its costs,'' and to develop
regulations that ``impose the least burden on society.'' In this final
rule, PHMSA accomplishes the directives of E.O. 12866 by involving the
public and exercising its own independent judgment in responding to 20
petitions for rulemaking submitted by stakeholders in the compressed
gas industry. The final rule clarifies the regulatory text in the HMR
and incorporates widely used consensus standards to addresses specific
safety concerns, thus enhancing the safe transportation of compressed
gases while limiting the impact on the regulated community.
Additionally, some of the provisions will provide shippers and carriers
with additional flexibility to comply with established safety
requirements, thereby reducing burdens and costs and increasing
productivity.
Overall, the issues discussed in this final rule promote the
continued safe transportation of hazardous materials while producing
net cost savings. PHMSA estimates the net cost savings associated with
this rule is approximately $70,000 per year, at a 7 percent discount
rate, over a ten-year analysis period from 2019 to 2028. Details on the
estimated cost savings of this final rule can be found in the rule's
economic analysis, which is available in the public docket.
C. Executive Order 13771
This final rule is considered a deregulatory action under E.O.
13771. Details on the estimated cost savings of this final rule can be
found in the rule's Regulatory Impact Analysis, available at
www.regulations.gov.
D. Executive Order 13132
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132, ``Federalism,'' 64 FR
43255. E.O. 13132 requires agencies to assure meaningful and timely
input by State and local officials in the development of regulatory
policies that may have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.'' This final rule may preempt State, local, and Native
American tribal requirements but does not propose any regulation that
has substantial direct effects on the States, the relationship between
the National Government and the States, or the distribution of power
and responsibilities among the various levels of government. Therefore,
the consultation and funding requirements of Executive Order 13132 do
not apply.
The Federal Hazardous Materials Transportation Law contains an
express preemption provision, 49 U.S.C. 5125(b), that preempts State,
local, and Native American tribal requirements on the following
subjects unless the non-Federal requirements are ``substantively the
same'' as the Federal requirements:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
[[Page 85412]]
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule addresses subjects (1), (2), and (5) above.
Therefore, this final rule will preempt any State, local, or tribal
requirements concerning these subjects unless the non-Federal
requirements are ``substantively the same'' as the Federal
requirements. PHMSA received no comments on the NPRM regarding the
effect of the adoption of the specific proposals would have on State or
local governments.
E. Executive Order 13175
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' 79 FR 4748. E.O. 13175
requires agencies to assure meaningful and timely input from Indian
tribal government representatives in the development of rules that
significantly or uniquely affect Tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship and distribution of
power between the Federal Government and Indian tribes. This final rule
is generally directed at offerors and shippers of DOT-specification
cylinders and UN pressure receptacles that transport hazardous
materials in U.S. commerce. The final rule is also likely to affect
cylinder manufacturers; cylinder requalifiers; independent inspection
agencies; commercial establishments that own and use DOT-specification
cylinders and UN pressure receptacles. It does not impose substantial
direct compliance costs and does not have substantial direct effects on
Native American tribal governments. Therefore, the funding and
consultation requirements of E.O. 13175 do not apply, and a tribal
summary impact statement is not required. Further, PHMSA did not
receive comments on the tribal implications of the rulemaking.
F. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. Executive
Order 13272, ``Proper Consideration of Small Entities in Agency
Rulemaking,'' 68 FR 7990, requires agencies to establish procedures and
policies to promote compliance with the Regulatory Flexibility Act and
to ``thoroughly review draft rules to assess and take appropriate
account of the potential impact'' of the rules on small businesses,
governmental jurisdictions and small organizations. This rule was
developed in accordance with this E.O. and DOT's procedures and
policies to promote compliance with the Regulatory Flexibility Act to
ensure that potential impacts on small entities of a regulatory action
were properly considered.
Section 603(b) of the Regulatory Flexibility Act requires an
analysis of the possible impact of the rule on small entities,
including the need for the rule, the description of the action, the
identification of potentially affected small entities, the reporting
and recordkeeping requirements, the related Federal rules and
regulations, and the alternative proposals considered. Such analysis
for this final rule is as follows:
1. Need for the Final Rule
Current requirements for the manufacture, use, and requalification
of cylinders can be traced to standards first applied in the early
1900s. Over the years, the regulations have been revised to reflect
advancements in transportation efficiency and changes in the national
and international economic environment. This final rule is part of an
agency effort to conduct a retrospective review of existing
regulations. The final rule attempts to modify and streamline existing
requirements that are outmoded, ineffective, insufficient, or
excessively burdensome. As part of this effort, this rulemaking
introduces new provisions suggested or developed by industry
representatives, groups that develop consensus standards, and
international regulatory bodies.
2. Description of Action
This final rule responds to 20 petitions for rulemaking, clarifies
other requirements in the HMR, and addresses areas of concern that are
currently left out of the HMR. The amendments discussed in this final
rule are designed to increase flexibility for the regulated community,
promote technological advancement, and facilitate international
transportation while maintaining a comparable level of safety.
3. Identification of Potentially Affected Small Entities
The term ``small entities,'' as described in 5 U.S.C. 601,
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields
and governmental jurisdictions with populations of less than 50,000.
The amendments considered here are likely to affect cylinder
manufacturers (NAICS code 332420; 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 (NAICS codes 32512, 336992, 423450, 423850, 423990,
454312, and 541380). Nearly all of these companies, particularly
cylinder requalification facilities (approximately 5,000 in total) are
small entities based on the criteria developed by the Small Business
Administration.
4. Reporting and Recordkeeping Requirements
This final rule includes very minor reporting and recordkeeping
requirements.
5. Related Federal Rules and Regulations
The Occupational Safety and Health Administration (OSHA) prescribes
requirements for the use, maintenance, and testing of portable fire
extinguishers in 29 CFR 1910.157 and requirements for fixed fire
suppression systems in 29 CFR 1910.160. The issues discussed in this
final rule pertaining to the transportation of fire extinguishers and
compressed gas cylinders that are a component of a fixed fire
suppression system do not conflict with the requirements in OSHA
regulations. With respect to the transportation of compressed gases in
cylinders, there are not related rules or regulations issued by other
departments or agencies of the Federal government.
6. Alternative Proposals for Small Business
The Regulatory Flexibility Act directs agencies to establish
exceptions and differing compliance standards for small businesses,
where it is possible to do so and still meet the objectives of
applicable regulatory statutes. The proposed changes are generally
intended to provide cost savings to industry members. PHMSA received no
[[Page 85413]]
comments from small entities on specific small business impacts from
these additional requirements.
7. Conclusion
This final rule reduces burdens for most persons and any costs
resulting from adoption of new requirements will be minimal and will be
offset by cost savings. Additionally, the rule will create additional
unquantified ancillary benefits and cost savings derived from
increasing regulatory flexibility and improving safety through enhanced
clarity.
G. Paperwork Reduction Act
PHMSA has analyzed this rule in accordance with the Paperwork
Reduction Act of 1995 (PRA) (Pub. L. 96-511). PHMSA stated in the NPRM
that the proposals did not impose new information collection
requirements. However, PHMSA did receive a comment from Hydro-Test
Products related to proposed changes to Sec. 180.215 on the addition
of the date of manufacture to test record forms. The commenter noted
that PHMSA did not address the paperwork burden for the proposed
requirement in Sec. 180.215. To address this comment PHMSA is
accounting for a minor adjustment to information on a requalification
test report under OMB control number 2137-0022 titled ``Testing,
Inspection, and Marking Requirements for Cylinders.'' PHMSA estimates
based on our experience observing the activities of cylinder
requalifiers during compliance inspections that it will take one
additional second to write the date of manufacture on the cylinder
requalification record. PHMSA currently estimates there are 6,790,000
cylinder requalifications conducted each year. The additional one
second of burden to these reports will result in additional time burden
of 1,886 hours (6,790,000 annual reports x 1 second).
Furthermore, upon review of this rule, PHMSA is accounting for
additional burden in this rulemaking. In the NPRM, PHMSA also proposed
a requirement in Sec. 178.35 to mark the tare weight, mass weight, and
water capacity on DOT 4B, 4BA, 4BW, or 4E cylinders. The language in
the final rule will codify language in Sec. 178.35 to require that
DOT-specification 4B, 4BA, 4BW, and 4E cylinders used in liquefied
compressed gas service manufactured two years after publication of this
rule to be marked with the tare weight, mass weight, and water
capacity. PHMSA already accounts for the marking of new cylinders under
Sec. 178.35 under the previously mentioned OMB Control Number 2137-
0022. PHMSA estimates based on our knowledge of modern automated
cylinder manufacturing processes from direct observation during
compliance inspections that this additional marking information will
take an additional 3 minutes, for an increase in approximately 3,472
hours on an annual basis.
Additionally, PHMSA proposed a requirement in Sec. 180.215(b)(4)
to require cylinder requalifiers to retain the most recent calibration
certificate for their pressure indicating device (PID) and expansion
indicating device (EID). PHMSA already accounts for creation of records
related to cylinder requalification under Sec. 180.215 under OMB
Control Number 2137-0022. After the incorporation of CGA C-1, each
requalifier will be required to re-calibrate their PID every 6 months.
There are approximately 2,300 cylinder requalifiers approved by PHMSA
to conduct pressure tests on cylinders, therefore we estimate that
4,600 PID calibration certificates will be generated each year. We
estimate that it will take the gauge calibration facility 5 minutes to
generate each certificate, based on our knowledge of the information
contained on the certificate. This results in a new information
collection burden of approximately 383 hours for gauge calibration
facilities. Based on our experience inspecting cylinder requalification
facilities, we believe that gauge calibration facilities already
provide this record as part of their business practices and there will
be no additional cost burden associated with this requirement.
Expansion indicating devices (EIDs) are either burette systems or
scale-based systems. Burette systems do not require recalibration
because their accuracy is fixed at the time the glass burette tube is
measured and printed with volume graduations. CGA C-1 requires that
scale-based EID systems are recalibrated as provided in the
manufacturer's manual. PHMSA has reviewed a manufacturer's manual for a
scale-based system and determined that scale calibration is only
required when the scale cannot display an accurate weight when tested
with an object of known mass (e.g. a 100-gram test weight provided with
the system). Based on our experience conducting inspections at cylinder
requalification facilities, this is an uncommon occurrence. Based on
our experience inspecting cylinder requalification facilities, we
estimate that 10% of cylinder requalifiers need to recalibrate their
scale-based EID systems each year, resulting in the generation of 230
re-calibration certificates annually. We estimate that it will take the
scale calibration facility 5 minutes to generate each certificate,
based on our knowledge of the information contained on the certificate,
which results in an increase of approximate 19 hours in burden. Based
on our experience inspecting cylinder requalification facilities, we
believe that scale calibration facilities already provide this record
as part of their business practices and there will be no additional
cost burden associated with this requirement.
Finally, PHMSA proposed a requirement in Sec. Sec. 178.50(b),
178.51(b), 178.61(b), and 178.68(b) to require manufacturers of DOT 4B,
4BA, 4BW, and 4E cylinders to keep a record of intentionally added
alloying elements in the steel or aluminum used to produce the
cylinders. PHMSA already accounts for recordkeeping related to the
production of cylinders under OMB Control Number 2137-0022. PHMSA
estimates based on our knowledge of cylinder manufacturer practices
from direct observation during compliance inspections that this
additional recordkeeping will take an additional 23 hours affecting 23
manufacturers.
This rulemaking identifies revised information collection requests
that PHMSA will submit to OMB for approval based on the requirements in
this final rule. PHMSA has developed burden estimates to reflect
changes in this final rule and estimates the information collection and
recordkeeping burdens in this rule are as follows:
Annual Increase in Number of Respondents: 4,623.
Annual Increase in Annual Number of Responses: 4,853.
Annual Increase in Annual Burden Hours: 5,783.
H. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document may be used to cross-reference this action with the
Unified Agenda.
I. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (UMRA) of 1995, Public Law 104-4,
establishes significance thresholds for the direct costs of regulations
on State, local, or tribal governments or the private sector that
trigger certain agency reporting requirements. The statutory thresholds
established in UMRA were $50 million for intergovernmental mandates and
$100 million for private-
[[Page 85414]]
sector mandates in 1996. According to the Congressional Budget Office,
the thresholds for 2019, which are adjusted annually for inflation, are
$82 million and $164 million, respectively, for intergovernmental and
private-sector mandates.\12\ This final rule results in cost savings
and is the least burdensome alternative that achieves the objective of
the rule. It is not significant under UMRA. Therefore, PHMSA is not
required to prepare a written statement.
---------------------------------------------------------------------------
\12\ https://www.cbo.gov/publication/51335.
---------------------------------------------------------------------------
J. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), and implementing regulations by the Council on
Environmental Quality (CEQ) (40 CFR part 1500), require Federal
agencies to consider the consequences of major Federal actions and
prepare a detailed statement on actions that significantly affect the
quality of the human environment. The CEQ regulations require Federal
agencies to conduct an environmental review considering: (1) The need
for the proposed action; (2) alternatives to the proposed action; (3)
probable environmental impacts of the proposed action and alternatives;
and (4) the agencies and persons consulted during the consideration
process.
1. Need for the Action
This final rule responds to 20 petitions for rulemaking submitted
by the regulated community. The issues discussed in this final rule
will 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 systems; and revise the requalification requirements
for cylinders.
This final rule discusses the following amendments to the HMR:
Replace the currently incorporated Seventh Edition of the
CGA's publication C-6 Standards for Visual Inspection of Steel
Compressed Gas Cylinders with the revised Eleventh Edition and update
the appropriate references throughout the HMR.
Revise the manufacturing requirements for certain DOT 4-
series cylinders.
Revise the requirements for the requalification of DOT-
specification cylinders by pressure testing found in 49 CFR part 180,
subpart C.
Allow the use of the labels described in the Eighth
Edition of CGA's publication C-7 Guide to the Preparation of
Precautionary Labeling and Marking of Compressed Gas Containers (Tenth
edition currently incorporated by reference in the HMR) Appendix A on
cylinders contained in overpacks.
Require manufacturers to mark certain newly manufactured
cylinders suitable for the transport of liquefied compressed gas with
the mass weight or tare weight, and water capacity.
Allow non-specification cylinders used in a fixed fire
suppression system to be transported under the same exceptions as those
provided for fire extinguishers, under certain conditions and
limitations.
Clarify filling limits for a liquefied compressed gas in a
manifold or a multiple element gas container (MEGC).
Clarify the requirements for filling non-specification
cylinders for export or use on board a vessel.
2. Alternatives Considered
Alternative (1) No Action: Under this alternative, the current
regulatory standards would remain in effect. PHMSA would not adopt any
of the petitions or incorporate any of the special permits under
consideration. As a result, PHMSA would not update, clarify, and
provide relief from certain existing regulatory requirements to promote
safer transportation practices, eliminate unnecessary regulatory
requirements, and facilitate international commerce. We rejected the no
action alternative.
Alternative (2) Preferred Alternative: With this alternative, PHMSA
responds to 20 petitions for rulemaking, clarifies other requirements
in the HMR, and addresses areas of concern that are currently left out
of the HMR.
3. Environmental Impacts
Hazardous materials are substances that may pose a threat to public
safety or the environment during transportation because of their
physical, chemical, or nuclear properties. Under the HMR, hazardous
materials are transported by aircraft, vessel, rail, and highway. The
hazardous materials regulatory system is a risk management system that
is prevention-oriented and focused on identifying a safety hazard and
reducing the probability and quantity of a hazardous material release.
The potential for environmental damage or contamination exists when
packages of hazardous materials are involved in accidents or en route
incidents resulting from cargo shifts, valve failures, package
failures, loading, unloading, collisions, handling problems, or
deliberate sabotage. The release of hazardous materials can cause the
loss of ecological resources (e.g., wildlife habitats) and the
contamination of air, aquatic environments, and soil. Contamination of
soil can lead to the contamination of ground water. Compliance with the
HMR substantially reduces the possibility of accidental release of
hazardous materials.
Anticipated Impact under Alternative (1) No Action: Potential for
increased releases of hazardous materials due to unclear regulatory
language and use of outdated industry standards.
Anticipated Impact under Alternative (2) Preferred Alternative:
Decreased releases of hazardous materials due to increased clarity of
regulatory requirements and updated industry standards. Specifically,
increased clarity for MEGC filling requirements will decrease the
chances of pressure receptacle overfill which can result in
catastrophic releases of hazardous materials. It is anticipated that
the petitions discussed in this final rule would have minimal, if any,
environmental consequences.
4. Agencies Consulted
Occupational Safety and Health Administration
National Institute of Standards and Technology
U.S. Environmental Protection Agency
5. Conclusion
PHMSA has conducted a technical review of the amendments discussed
in this final rule and determined that no significant environmental
impact will result from this final rule. The amendments would provide
protection against the release of hazardous materials based on sound
scientific methods and would not result in unusual stresses on the
cylinders used to contain these hazardous materials or adversely impact
human health or the environment. PHMSA received no comments
specifically addressing the environmental impacts of changes made in
this final rule.
K. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
[[Page 85415]]
L. International Trade Analysis and Executive Order 13609
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Pursuant to these Acts, the establishment of
standards is not considered an unnecessary obstacle to the foreign
commerce of the United States, so long as the standards have a
legitimate domestic objective, such as the protection of safety, and do
not operate in a manner that excludes imports that meet this objective.
The statute also requires consideration of international standards, and
where appropriate, that they be the basis for U.S. standards. PHMSA
notes the purpose is to ensure the safety of the American public and
has assessed the effects of this final rule to ensure that it does not
exclude imports that meet this objective. The final rule may have
positive impacts on international trade because it increases the level
of harmonization between U.S. regulations and international standards,
which is also consistent with the policy in Executive Order 13609,
``Promoting International Regulatory Cooperation,'' 77 FR 26413. As a
result, this final rule is not considered as creating an unnecessary
obstacle to foreign commerce.
M. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs Federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standards bodies. This
final rule adopts five voluntary consensus standards developed by the
Compressed Gas Association, which are discussed in detail in the
``Section-by-Section Review'' for Sec. 171.7.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation; Motor carriers, Incorporation
by reference, Motor vehicle safety, Packaging and containers, Railroad
safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA amends 49 CFR chapter I as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410, Section
4; Pub. L. 104-121, Sections 212-213; Pub. L. 104-134, Section
31001; Pub. L. 114-74, Section 4 (28 U.S.C. 2461 note); 49 CFR 1.81
and 1.97; 33 U.S.C. 1321.
0
2. In Sec. 107.803, revise paragraph (c)(3) to read as follows:
Sec. 107.803 Approval of an independent inspection agency (IIA).
* * * * *
(c) * * *
(3) Detailed description of the applicant's qualifications and
ability to perform the inspections and to verify the inspections
required by parts 178 and 180 of this chapter; or those required under
the terms of a special permit issued under this part.
* * * * *
0
3. In Sec. 107.805, revise paragraphs (c)(3) and (4) and add paragraph
(c)(5) to read as follows:
Sec. 107.805 Approval of cylinder and pressure receptacle
requalifiers.
* * * * *
(c) * * *
(3) A certification that the facility will operate in compliance
with the applicable requirements of subchapter C of this chapter;
(4) The signature of the person making the certification and the
date on which it was signed; and
(5) For a mobile unit operation (as defined in Sec. 180.203 of
subchapter C of this chapter), the type of equipment to be used, the
specific vehicles to be used, the geographic area the applicant is
requesting to operate within, and any differences between the mobile
operation and the facility operation as described under paragraph
(c)(2) of this section.
* * * * *
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
4. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410, Section
4; Pub. L. 104-134, Section 31001; Pub. L. 114-74, Section 4 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
0
5. In Sec. 171.7:
0
a. Revise paragraph (a)(2)(ii);
0
b. Remove paragraph (n)(16) and redesignate paragraphs (n)(1) through
(15) as paragraphs (n)(2) through (16);
0
c. Add new paragraph (n)(1) and revise newly redesignated paragraphs
(n)(2), (4), and (13) and paragraph (n)(18).
The revisions and addition read as follows:
Sec. 171.7 Reference material.
(a) * * *
(2) * * *
(ii) The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
(n) * * *
(1) CGA C-1--2016, Methods for Pressure Testing Compressed Gas
Cylinders, Eleventh edition, copyright 2016, into Sec. Sec. 178.36,
178.37, 178.38, 178.39, 178.42, 178.44, 178.45, 178.46, 178.47; 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, 180.209.
(2) CGA C-3--2005 (Reaffirmed 2011), Standards for Welding on Thin-
Walled Steel Cylinders, Seventh edition, copyright 2005, into
Sec. Sec. 178.47; 178.50; 178.51; 178.53; 178.55; 178.56; 178.57;
178.58; 178.59; 178.60; 178.61; 178.65; 178.68; 180.211.
* * * * *
(4) CGA C-6--2013, Standards for Visual Inspection of Steel
Compressed
[[Page 85416]]
Gas Cylinders, Eleventh edition, copyright 2013, into Sec. Sec.
172.102, 173.3, 173.198, 180.205, 180.209, 180.211, 180.411, 180.519.
* * * * *
(13) CGA C-14--2005 (Reaffirmed 2010), Procedures for Fire Testing
of DOT Cylinder Pressure Relief Device Systems, Fourth edition,
copyright 2005, into Sec. Sec. 173.301; 173.323.
* * * * *
(18) CGA S-1.1--2011, Pressure Relief Device Standards--Part 1--
Cylinders for Compressed Gases, Fourteenth edition, copyright 2011,
into Sec. Sec. 173.301; 173.304a; 178.75.
* * * * *
0
6. In Sec. 171.23, revise paragraph (a)(5)(i) to read as follows:
Sec. 171.23 Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.
* * * * *
(a) * * *
(5) * * *
(i) The cylinder has been requalified and marked in accordance with
subpart C of part 180 of this subchapter, or has been requalified as
authorized by the Associate Administrator;
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
7. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
8. In Sec. 173.3, revise paragraph (d)(1) to read as follows:
Sec. 173.3 Packaging and exceptions.
* * * * *
(d) * * *
(1) Except for Class 1, Division 6.2, Class 7, or acetylene
material, a cylinder containing a hazardous material may be overpacked
in a salvage cylinder.
* * * * *
0
9. In Sec. 173.301:
0
a. In paragraphs (c) and (f), remove ``9.1.1.1'' and add in its place
``9.1.1'' in each place it appears; and
0
b. Revise paragraph (f)(4).
The revision reads as follows:
Sec. 173.301 General requirements for shipment of compressed gases
and other hazardous materials in cylinders, UN pressure receptacles and
spherical pressure vessels.
* * * * *
(f) * * *
(4)(i) A pressure relief device is required on a DOT 39 cylinder
regardless of cylinder size or filled pressure.
(ii) A DOT 39 cylinder used for liquefied Division 2.1 materials
must be equipped with a metal pressure relief device.
(iii) Fusible pressure relief devices are not authorized on a DOT
39 cylinder containing a liquefied gas.
(iv) A pressure relief device for oxidizing gases transported by
air in a DOT 39 cylinder must meet the requirements of Sec.
173.302(f)(2)(iii) of this subpart for permanent gases and Sec.
173.304(f)(2)(iii) for liquefied compressed gases.
* * * * *
0
10. In Sec. 173.302, revise paragraphs (f)(2)(i) and (ii) and add
paragraph (f)(2)(iii) to read as follows:
Sec. 173.302 Filling of cylinders with nonliquefied (permanent)
compressed gases or adsorbed gases.
* * * * *
(f) * * *
(2) * * *
(i) The rated burst pressure of a rupture disc for DOT 3A, 3AA,
3AL, and 3E cylinders, and UN pressure receptacles ISO 9809-1, ISO
9809-2, ISO 9809-3 and ISO 7866 cylinders must be 100% of the cylinder
minimum test pressure with a tolerance of plus zero to minus 10%;
(ii) The rated burst pressure of a rupture disc for a DOT 3HT
cylinder must be 90% of the cylinder minimum test pressure with a
tolerance of plus zero to minus 10%; and
(iii) The rated burst pressure of a rupture disc for a DOT 39
cylinder must be not more than 80 percent of cylinder burst pressure
but not less than 105 percent of cylinder test pressure. Cylinders
filled and offered for transportation in accordance with the
requirements of the section before January 27, 2021 may continue to be
used for the life of the packaging.
* * * * *
0
11. In Sec. 173.302a, revise paragraphs (a)(3) and (c)(4)(i) and (ii)
and add paragraph (c)(4)(iii) to read as follows:
Sec. 173.302a Additional requirements for shipment of nonliquefied
(permanent) compressed gases in specification cylinders.
(a) * * *
(3) DOT 39 cylinders. When the cylinder is filled with a Division
2.1 flammable gas, the internal volume of the cylinder may not exceed
1.23 L (75 in\3\). For chemical under pressure (see Sec. 172.102 of
this subchapter (special provision 362)), the internal volume may not
exceed the size limits of the specification as provided in Sec.
178.65(a)(1) of this subchapter.
* * * * *
(c) * * *
(4) * * *
(i) Cylinders less than 1.7 m (65 inches) in length must be
equipped with fusible metal backed frangible disc devices;
(ii) Cylinders 1.7 m (65 inches) or greater in length and 24.5 cm
(9.63 inches) in diameter or larger must be equipped with fusible metal
backed frangible disc devices or frangible disc devices, except as
provided in paragraph (c)(4)(iii) of this section. Cylinders with a
diameter of 0.56 m (22 inches) or larger must be equipped with
frangible disc devices except as provided in paragraph (c)(4)(iii) of
this section.
(iii) Cylinders greater than 3.66 m (144 inches) in length that are
horizontally mounted on a motor vehicle, in an ISO framework, or other
framework of equivalent structural integrity are not required to be
equipped with pressure relief devices. If such devices are installed,
they must be selected in accordance with Sec. 173.301(f).
* * * * *
0
12. In Sec. 173.304, revise paragraphs (f)(2)(i) and (ii) and add
paragraph (f)(2)(iii) to read as follows:
Sec. 173.304 Filling of cylinders with liquefied compressed gases.
* * * * *
(f) * * *
(2) * * *
(i) The rated burst pressure of a rupture disc for DOT 3A, 3AA,
3AL, and 3E cylinders, and UN pressure receptacles ISO 9809-1, ISO
9809-2, ISO 9809-3, and ISO 7866 cylinders must be 100% of the cylinder
minimum test pressure with a tolerance of plus zero to minus 10%;
(ii) The rated burst pressure of a rupture disc for a DOT 3HT
cylinder must be 90% of the cylinder minimum test pressure with a
tolerance of plus zero to minus 10%; and
(iii) The rated burst pressure of a rupture disc for a DOT 39
cylinder must be not more than 80 percent of cylinder burst pressure
but not less than 105 percent of cylinder test pressure. Cylinders
filled and offered for transportation in accordance with the
requirements of the section before January 27, 2021 may continue to be
used for the life of the packaging.
0
13. In Sec. 173.304a:
0
a. Revise paragraph (a)(2); and
0
b. Add paragraph (a)(3); and
0
c. Revise paragraph (d)(3)(i).
[[Page 85417]]
The revisions and addition read as follows:
Sec. 173.304a Additional requirements for shipment of liquefied
compressed gases in specification cylinders.
(a) * * *
(2) For the gases named, the requirements in table 1 to paragraph
(a)(2) apply (for cryogenic liquids, see Sec. 173.316):
Table 1 to Paragraph (a)(2)
----------------------------------------------------------------------------------------------------------------
Packaging marked as shown in
this column or of the same
type with higher service
Maximum permitted filling density pressure must be used, except
Kind of gas (percent) (see Note 1) as provided in Sec. Sec.
173.301(l), 173.301a(e), and
180.205(a) (see notes
following table)
----------------------------------------------------------------------------------------------------------------
Anhydrous ammonia..................... 54....................................... DOT-3A480; DOT-3AA480; DOT-
3A480X; DOT-4AA480; DOT-3;
DOT-3E1800; DOT-3AL480.
Bromotrifluoromethane (R-13B1 or H- 124...................................... DOT-3A400; DOT-3AA400; DOT-
1301). 3B400; DOT-4AA480; DOT-
4B400; DOT-4BA400; DOT-
4BW400; DOT-3E1800; DOT-39;
DOT-3AL400.
Carbon dioxide (see Notes 4, 7, and 8) 68....................................... DOT-3A1800; DOT-3AX1800; DOT-
3AA1800; DOT-3AAX1800; DOT-
3; DOT-3E1800; DOT-3T1800;
DOT-3HT2000; DOT-39; DOT-
3AL1800.
Carbon dioxide (see Notes 4, 7, and 8) 70.3..................................... DOT-3A2000, DOT-3AA2000, DOT-
3AX2000, DOT-3AAX2000, DOT-
3T2000.
Carbon dioxide (see Notes 4, 7, and 8) 73.2..................................... DOT-3A2265, DOT-3AA2265, DOT-
3AX2265, DOT-3AAX2265, DOT-
3T2265.
Carbon dioxide (see Notes 4, 7, and 8) 74.5..................................... DOT-3A2400, DOT-3AA2400, DOT-
3AX2400, DOT-3AAX2400, DOT-
3T2400.
Carbon dioxide, refrigerated liquid ......................................... DOT-4L.
(see paragraph (e) of this section).
Chlorine (see Note 2)................. 125...................................... DOT-3A480; DOT-3AA480; DOT-3;
DOT-3BN480; DOT-3E1800.
Chlorodifluroethane or 1-Chloro-1, 1- 100...................................... DOT-3A150; DOT-3AA150; DOT-
difluoroethane (R-142b). 3B150; DOT-4B150; DOT-
4BA225; DOT-4BW225; DOT-
3E1800; DOT-39; DOT-3AL150.
Chlorodifluoromethane (R-22) (see Note 105...................................... DOT-3A240; DOT-3AA240; DOT-
8). 3B240; DOT-4B240; DOT-
4BA240; DOT-4BW240; DOT-
4B240ET; DOT-4E240; DOT-39;
DOT-3E1800; DOT-3AL240.
Chloropentafluorethane (R-115)........ 110...................................... DOT-3A225; DOT-3AA225; DOT-
3B225; DOT-4BA225; DOT-
4B225; DOT-4BW225; DOT-
3E1800; DOT-39; DOT-3AL225.
Chlorotrifluoromethane (R-13) (see 100...................................... DOT-3A1800; DOT-3AA1800; DOT-
Note 8). 3; DOT-3E1800; DOT-39; DOT-
3AL1800.
Cyclopropane (see Notes 8 and 9)...... 55....................................... DOT-3A225; DOT-3A480X; DOT-
3AA225; DOT-3B225; DOT-
4AA480; DOT4B225; DOT-
4BA225; DOT-4BW225; DOT-
4B240ET; DOT-3; DOT-3E1800;
DOT-39; DOT-3AL225.
Dichlorodifluoromethane (R-12) (see 119...................................... DOT-3A225; DOT-3AA225; DOT-
Note 8). 3B225; DOT-4B225; DOT-
4BA225; DOT-4BW225; DOT-
4B240ET; DOT-4E225; DOT-39;
DOT-3E1800; DOT-3AL225.
Dichlorodifluoromethane and Not liquid full at 131 [deg]F............ DOT-3A240; DOT-3AA240; DOT-
difluoroethane mixture (constant 3B240; DOT-3E1800; DOT-
boiling mixture) (R-500) (see Note 8). 4B240; DOT-4BA240; DOT-
4BW240; DOT-4E240; DOT-39.
1,1-Difluoroethane (R-152a) (see Note 79....................................... DOT-3A150; DOT-3AA150; DOT-
8). 3B150; DOT-4B150; DOT-
4BA225; DOT-4BW225; DOT-
3E1800; DOT-3AL150.
1,1-Difluoroethylene (R-1132A)........ 73....................................... DOT-3A2200; DOT-3AA2200; DOT-
3AX2200; DOT-3AAX2200; DOT-
3T2200; DOT-39.
Dimethylamine, anhydrous.............. 59....................................... DOT-3A150; DOT-3AA150; DOT-
3B150; DOT-4B150; DOT-
4BA225; DOT-4BW225; ICC-
3E1800.
Ethane (see Notes 8 and 9)............ 35.8..................................... DOT-3A1800; DOT-3AX1800; DOT-
3AA1800; DOT-3AAX1800; DOT-
3; DOT-3E1800; DOT-3T1800;
DOT-39; DOT-3AL1800.
Ethane (see Notes 8 and 9)............ 36.8..................................... DOT-3A2000; DOT-3AX2000; DOT-
3AA2000; DOT-3AAX2000; DOT-
3T2000; DOT-39; DOT-3AL2000.
Ethylene (see Notes 8 and 9).......... 31.0..................................... DOT-3A1800; DOT-3AX1800; DOT-
3AA1800; DOT-3AAX1800; DOT-
3; DOT-3E1800; DOT-3T1800;
DOT-39; DOT-3AL1800.
Ethylene (see Notes 8 and 9).......... 32.5..................................... DOT-3A2000; DOT-3AX2000; DOT-
3AA2000; DOT-3AAX2000; DOT-
3T2000; DOT-39; DOT-3AL2000.
Ethylene (see Notes 8 and 9).......... 35.5..................................... DOT-3A2400; DOT-3AX2400; DOT-
3AA2400; DOT-3AAX2400; DOT-
3T2400; DOT-39; DOT-3AL2400.
Hydrogen chloride, anhydrous.......... 65....................................... DOT-3A1800; DOT-3AA1800; DOT-
3AX1800; DOT-3AAX1800; DOT-
3; DOT-3T1800; DOT-3E1800.
Hydrogen sulfide (Note 10)............ 62.5..................................... DOT-3A; DOT-3AA; DOT-3B; DOT-
4B; DOT-4BA; DOT-4BW; DOT-
3E1800; DOT-3AL.
[[Page 85418]]
Insecticide, gases liquefied (see Not liquid full at 131 [deg]F............ DOT-3A300; DOT-3AA300; DOT-
Notes 8 and 12). 3B300; DOT-4B300; DOT-
4BA300; DOT-4BW300; DOT-
3E1800.
Liquefied nonflammable gases, other Not liquid full at 131 [deg]F............ Specification packaging
than classified flammable, corrosive, authorized in paragraph
toxic & mixtures or solution thereof (a)(1) of this section and
filled w/nitrogen, carbon dioxide, or DOT-3HT; DOT-4D; DOT-4DA;
air (see Notes 7 and 8).. DOT-4DS.
Methyl acetylene-propadiene, mixtures, Not liquid at 131 [deg]F................. DOT-4B240 without brazed
stabilized; (see Note 5).. seams; DOT-4BA240 without
brazed seams; DOT-3A240; DOT-
3AA240; DOT-3B240; DOT-
3E1800; DOT-4BW240; DOT-
4E240; DOT-4B240ET; DOT-
3AL240.
Methyl chloride....................... 84....................................... DOT-3A225; DOT-3AA225; DOT-
3B225; DOT-4B225; DOT-
4BA225; DOT-4BW225; DOT-3;
DOT-3E1800; DOT-4B240ET.
Cylinders complying with DOT-
3A150; DOT-3B150; and DOT-
4B150 manufactured prior to
Dec. 7, 1936 are also
authorized.
Methyl mercaptan...................... 80....................................... DOT-3A240; DOT-3AA240; DOT-
3B240; OT-4B240; DOT-
4B240ET; DOT-3E1800; DOT-
4BA240; DOT-4BW240.
Nitrosyl chloride..................... 110...................................... DOT-3BN400 only.
Nitrous oxide (see Notes 7, 8, and 11) 68....................................... DOT-3A1800; DOT-3AX1800; DOT-
3AA1800; DOT-3AAX1800; DOT-
3; DOT-3E1800; DOT-3T1800;
DOT-3HT2000; DOT-39; DOT-
3AL1800.
Nitrous oxide (see Notes 7, 8, and 11) 70.3..................................... DOT-3A2000, DOT-3AA2000, DOT-
3AX2000, DOT-3AAX2000, DOT-
3T2000.
Nitrous oxide (see Notes 7, 8, and 11) 73.2..................................... DOT-3A2265, DOT-3AA2265, DOT-
3AX2265, DOT-3AAX2265, DOT-
3T2265.
Nitrous oxide (see Notes 7, 8, and 11) 74.5..................................... DOT-3A2400, DOT-3AA2400, DOT-
3AX2400, DOT-3AAX2400, DOT-
3T2400.
Nitrous oxide, refrigerated liquid ......................................... DOT-4L.
(see paragraph (e) of this section.).
Refrigerant gas, n.o.s. or Dispersant Not liquid full at 130 [deg]F............ DOT-3A240; DOT-3AA240; DOT-
gas, n.o.s. (see Notes 8 and 13). 3B240; DOT-3E1800; DOT-
4B240; DOT-4BA240; DOT-
4BW240; DOT-4E240; DOT-39;
DOT-3AL240.
Sulfur dioxide (see note 8)........... 125...................................... DOT-3A225; DOT-3AA225; DOT-
3B225; DOT-4B225; DOT-
4BA225; DOT-4BW225; DOT-
4B240ET; DOT-3; DOT-39; DOT-
3E1800; DOT-3AL225.
Sulfur hexafluoride................... 120...................................... DOT-3A1000; DOT-3AA1000; DOT-
AAX2400; DOT-3; DOT-3AL1000;
DOT-3E1800; DOT-3T1800.
Sulfuryl fluoride..................... 106...................................... DOT-3A480; DOT-3AA480; DOT-
3E1800; DOT-4B480; DOT-
4BA480; DOT-4BW480.
Tetrafluoroethylene, stabilized....... 90....................................... DOT-3A1200; DOT-3AA1200; DOT-
3E1800.
Trifluorochloroethylene, stabilized... 115...................................... DOT-3A300; DOT-3AA300; DOT-
3B300; DOT-4B300; DOT-
4BA300; DOT-4BW300; DOT-
3E1800.
Trimethylamine, anhydrous............. 57....................................... DOT-3A150; DOT-3AA150; DOT-
3B150; DOT-4B150; DOT-
4BA225; DOT-4BW225; DOT-
3E1800.
Vinyl chloride (see Note 5)........... 84....................................... DOT-4B150 without brazed
seams; DOT-4BA225 without
brazed seams; DOT-4BW225;
DOT-3A150; DOT-3AA150; DOT-
3E1800; DOT-3AL150.
Vinyl fluoride, stabilized............ 62....................................... DOT-3A1800; DOT-3AA1800; DOT-
3E1800; DOT-3AL1800.
Vinyl methyl ether, stabilized (see 68....................................... DOT-4B150, without brazed
Note 5). seams; DOT-4BA225 without
brazed seams; DOT-4BW225;
DOT-3A150; DOT-3AA150; DOT-
3B1800; DOT-3E1800.
----------------------------------------------------------------------------------------------------------------
Note 1 to paragraph (a)(2): ``Filling density'' means the percent ratio of the weight of gas in a packaging to
the weight of water that the container will hold at 16 [deg]C (60 [deg]F). (1 lb of water = 27.737 in\3\ at 60
[deg]F.).
Note 2 to paragraph (a)(2): Cylinders purchased after Oct. 1, 1944, for the transportation of chlorine must
contain no aperture other than that provided in the neck of the cylinder for attachment of a valve equipped
with an approved pressure relief device. Cylinders purchased after Nov. 1, 1935, and filled with chlorine may
not contain over 68.04 kg (150 lb) of gas.
Note 4 to paragraph (a)(2): Special carbon dioxide mining devices containing a heating element and filled with
not over 2.72 kg (6 lb) of carbon dioxide may be filled to a density of not over 85 percent, provided the
cylinder is made of steel with a calculated bursting pressure in excess of 39000 psig, fitted with a frangible
disc that will operate at not over 57 percent of that pressure, and is able to withstand a drop of 10 feet
when striking crosswise on a steel rail while under a pressure of at least 3000 psig. Such devices must be
shipped in strong boxes or must be wrapped in heavy burlap and bound by 12-gauge wire with the wire completely
covered by friction tape. Wrapping must be applied so as not to interfere with the functioning of the
frangible disc pressure relief device. Shipments must be described as ``liquefied carbon dioxide gas (mining
device)'' and marked, labeled, and certified as prescribed for liquefied carbon dioxide.
Note 5 to paragraph (a)(2): All parts of valve and pressure relief devices in contact with contents of cylinders
must be of a metal or other material, suitably treated if necessary, that will not cause formation of any
acetylides.
[[Page 85419]]
Note 7 to paragraph (a)(2): Specification 3HT cylinders for aircraft use only, having a maximum service life of
24 years. Authorized only for nonflammable gases. Cylinders must be equipped with pressure relief devices of
the frangible disc type that meet the requirements of Sec. 173.301(f). Each frangible disc must have a rated
bursting pressure that does not exceed 90 percent of the minimum required test pressure of the cylinder. Discs
with fusible metal backing are not permitted. Cylinders may be offered for transportation only when packaged
in accordance with Sec. 173.301(a)(9).
Note 8 to paragraph (a)(2): See Sec. 173.301(a)(9).
Note 9 to paragraph (a)(2): When used for shipment of flammable gases, the internal volume of a specification 39
cylinder must not exceed 75 cubic inches.
Note 10 to paragraph (a)(2): Each valve outlet must be sealed by a threaded cap or a threaded solid plug.
Note 11 to paragraph (a)(2): Must meet the valve and cleaning requirements in Sec. 173.302(b).
Note 12 to paragraph (a)(2): For an insecticide gas that is nontoxic and nonflammable, see Sec. 173.305(c).
Note 13 to paragraph (a)(2): For a refrigerant or dispersant gas that is nontoxic and nonflammable, see Sec.
173.304(d).
(3) A DOT 39 cylinder shall be equipped with a pressure relief
device as defined by the commodity in CGA S-1.1, excluding paragraph
9.1.1 (IBR; see Sec. 171.7 of this subchapter). If the commodity is
not listed in CGA S-1.1, a CG-7 pressure relief valve must be used.
* * * * *
(d) * * *
(3) * * *
(i) DOT 3, 3A, 3AA, 3B, 3E, 3AL, 4B, 4BA, 4B240ET, 4BW, 4E, or 39
cylinders. The internal volume of a Specification 39 cylinder must not
exceed 75 cubic inches. Shipments of flammable gases in DOT 3AL
cylinders are authorized only when transported by motor vehicle, rail
car, or cargo-only aircraft.
* * * * *
0
14. In Sec. 173.306, revise paragraph (g) to read as follows:
Sec. 173.306 Limited quantities of compressed gases.
* * * * *
(g) Water pump system tank. Water pump system tanks pre-charged at
time of manufacture with compressed air or limited quantities of
nitrogen or helium to not over 275.79 kPa gauge pressure (40 psig) for
single-trip shipment to installation sites are excepted from labeling,
and the specification packaging requirements of this subchapter when
shipped under the following conditions. In addition, shipments of these
tanks are not subject to the placarding requirements of subpart F of
part 172 of this subchapter, and not subject to parts 174 (except Sec.
174.24) and 177 (except Sec. 177.817) of this subchapter.
(1) The tank must be of steel or composite construction, with heads
concave to pressure, having a rated water capacity not exceeding 455 L
(120 gallons) and with an outside diameter not exceeding 61 cm (24
inches). These tanks may be operated in ambient air temperatures of up
to 49 [deg]C (120 [deg]F) with a maximum working pressure not less than
75 psig and not greater than 150 psig. Safety relief devices are not
required.
(2) Each tank must be pneumatically tested to the manufacturer's
specified maximum working pressure. The test pressure must be
permanently marked on the tank. In any case, the pneumatic test must
not be conducted to a pressure exceeding 150 psig.
(3) The stress at prescribed pressure for steel tanks must not
exceed 20,000 psig (or 25,000 psig for deep-draw steel), using the
formula:
S = Pd/2t
Where:
S = wall stress in psi;
P = prescribed pressure for the tank is at least the manufacturer's
rated maximum working pressure or three (3) times the pre-charged
pressure at 21.1 [deg]C (70 [deg]F), whichever is greater;
d = inside diameter in inches; and
t = minimum wall thickness, in inches.
(4) For steel and composite tanks, the burst pressure must be at
least six (6) times the pre-charge pressure at 21.1 [deg]C (70 [deg]F)
or three (3) times the manufacturer's specified maximum working
pressure, whichever is greater.
(5) Each tank must be over-packed in a strong outer packaging in
conformance with Sec. 173.301(h).
(6) Transportation is limited to motor vehicle, railcar, and
vessel. Transportation by aircraft is not authorized.
* * * * *
0
15. In Sec. 173.309, revise the introductory text to read as follows:
Sec. 173.309 Fire extinguishers.
This section applies to portable fire extinguishers for manual
handling and operation, fire extinguishers for installation in
aircraft, fire extinguishers for installation as part of a fire
suppression system, and large fire extinguishers. Fire extinguishers
for installation as part of a fire suppression system include cylinders
charged with either a compressed gas and an extinguishing agent or a
gas which comprises the sole fire extinguishing agent in the system. A
fire extinguisher does not include cylinders pressurized with a gas for
purposes of expelling a separately stored extinguishing agent in the
fire suppression system. Large fire extinguishers include fire
extinguishers mounted on wheels for manual handling; fire extinguishing
equipment or machinery mounted on wheels or wheeled platforms or units
transported similar to (small) trailers; and fire extinguishers
composed of a non-rollable pressure drum and equipment, and handled,
for example, by fork lift or crane when loaded or unloaded. Cylinders
filled with a compressed gas whose purpose is to expel a separately
stored extinguishing agent may not be transported under this section
when offered for transportation or transported apart from a suppression
system.
* * * * *
0
16. In Sec. 173.312, revise paragraph (b)(1) to read as follows:
Sec. 173.312 Requirements for shipment of MEGCs.
* * * * *
(b) * * *
(1) A MEGC may not be filled above its marked maximum permissible
gross mass. Additionally, MEGCs must be filled in accordance with the
following:
(i) A MEGC being filled with non-liquefied (permanent) compressed
gas may not be filled to a pressure greater than the lowest marked
working pressure of any cylinder (pressure receptacle).
(ii) An MEGC being filled with a liquefied compressed gas must have
each pressure receptacle filled separately by weight and must be filled
by a means to ensure that only one pressure receptacle is filled at a
time.
(iii) The filling density for UN pressure receptacles may not
exceed the values in accordance with Sec. 173.304b(b).
* * * * *
Sec. 173.323 [AMENDED]
0
17. In Sec. 173.323(b)(2), immediately following the words ``Pamphlet
C-14'' in the last sentence, add the phrase ``(IBR, see Sec. 171.7 of
this subchapter)''.
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
18. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
[[Page 85420]]
0
19. In Sec. 178.35, add paragraph (f)(8) to read as follows:
Sec. 178.35 General requirements for specification cylinders.
* * * * *
(f) * * *
(8) Tare weight or mass weight, and water capacity marking. DOT-
specification 4B, 4BA, 4BW, and 4E cylinders used in liquefied
compressed gas service manufactured after December 28, 2022, must be
marked with the tare weight or mass weight. Additionally, the cylinder
must be permanently marked with the water capacity. The owner of the
cylinder must ensure it is marked with the following information, as
applicable:
(i) Tare weight. The tare weight for a cylinder 25 pounds or less
at the time of manufacture, with a lower tolerance of 3 percent and an
upper tolerance of 1 percent; or for a cylinder exceeding 25 pounds at
the time of manufacture, with a lower tolerance of 2 percent and an
upper tolerance of 1 percent. The tare weight marking must be the
actual weight of the fully assembled cylinder, including the valve(s)
and other permanently affixed appurtenances. Removable protective
cap(s) or cover(s) must not be included in the cylinder tare weight.
Tare weight shall be abbreviated ``TW''; or
(ii) Mass weight. The mass weight for a cylinder 25 pounds or less
at the time of manufacture, with a lower tolerance of 3 percent and an
upper tolerance of 1 percent; or the mass weight marking for a cylinder
exceeding 25 pounds at the time of manufacture, with a lower tolerance
of 2 percent and an upper tolerance of 1 percent. The mass weight
marking must be the actual weight of the fully assembled cylinder,
excluding valve(s) and removable protective cap(s) or cover(s). Mass
weight shall be abbreviated ``MW''; and
(iii) Water capacity. The water capacity for a cylinder 25 pounds
water capacity or less, with a tolerance of minus 1 percent and no
upper tolerance; or for a cylinder exceeding 25 pounds water capacity,
with a tolerance of minus 0.5 percent and no upper tolerance. The
marked water capacity of the cylinder must be the capacity of the
cylinder at the time of manufacture. Water capacity shall be
abbreviated ``WC''.
* * * * *
0
20. In Sec. 178.36, revise paragraph (i) to read as follows:
Sec. 178.36 Specification 3A and 3AX seamless steel cylinders.
* * * * *
(i) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) The test must be by water-jacket or direct expansion method as
prescribed in CGA C-1 (IBR; see Sec. 171.7 of this subchapter). The
testing equipment must be calibrated as prescribed in CGA C-1. All
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1.
(2) Each cylinder must be tested to a minimum of \5/3\ times
service pressure.
(3) The minimum test pressure must be maintained for at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and previous to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(4) Permanent, volumetric expansion may not exceed 10 percent of
the total volumetric expansion at test pressure.
* * * * *
0
21. In Sec. 178.37, revise paragraph (i) to read as follows:
Sec. 178.37 Specification 3AA and 3AAX seamless steel cylinders.
* * * * *
(i) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) The test must be by water-jacket or direct expansion method as
prescribed in CGA C-1 (IBR; see Sec. 171.7 of this subchapter). The
testing equipment must be calibrated as prescribed in CGA C-1. All
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1.
(2) Each cylinder must be tested to a minimum of \5/3\ times
service pressure.
(3) The minimum test pressure must be maintained for at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and previous to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(4) Permanent, volumetric expansion may not exceed 10 percent of
the total volumetric expansion at test pressure.
* * * * *
0
22. In Sec. 178.38, revise paragraph (i) to read as follows:
Sec. 178.38 Specification 3B seamless steel cylinders.
* * * * *
(i) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) The test must be by water-jacket or direct expansion method as
defined in CGA C-1 (IBR; see Sec. 171.7 of this subchapter). The
testing equipment must be calibrated as prescribed in CGA C-1. All
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1.
(2) Cylinders must be tested as follows:
(i) Each cylinder to at least two (2) times its service pressure;
or
(ii) One (1) cylinder out of each lot of 200 or fewer to at least
three (3) times its service pressure. When one (1) cylinder out of each
lot of 200 or less is tested to at least 3 times service pressure, the
balance of the lot must be pressure tested by the proof pressure,
water-jacket or direct expansion test method as prescribed in CGA C-1.
The cylinders must be subjected to at least 2 times service pressure
and show no defect. If, due to failure of the test apparatus or
operator error, the test pressure cannot be maintained, the test may be
repeated in accordance with CGA C-1 5.7.2 or 7.1.2, as appropriate.
Determination of expansion properties is not required.
(3) When each cylinder is tested to the minimum test pressure, the
minimum test pressure must be maintained at least 30 seconds and
sufficiently longer to ensure complete expansion. Any internal pressure
applied after heat-treatment and previous to the official test may not
exceed 90 percent of the test pressure. If, due to failure of the test
apparatus or operator error, the test pressure cannot be maintained,
the test may be repeated in accordance with CGA C-1, section 5.7.2.
(4) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
* * * * *
0
23. In Sec. 178.39, revise paragraph (i) to read as follows:
Sec. 178.39 Specification 3BN seamless nickel cylinders.
* * * * *
(i) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) The test must be by water-jacket or direct expansion method as
prescribed in CGA C-1 (IBR; see Sec. 171.7 of this subchapter). The
testing equipment must be calibrated as prescribed in CGA C-1. All
testing equipment and pressure
[[Page 85421]]
indicating devices must be accurate within the parameters defined in
CGA C-1.
(2) Each cylinder must be tested to a minimum of at least two (2)
times its service pressure.
(3) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and previous to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(4) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
* * * * *
0
24. In Sec. 178.42, revise paragraph (f) to read as follows:
Sec. 178.42 Specification 3E seamless steel cylinders.
* * * * *
(f) Pressure testing. Cylinders must be tested as follows:
(1) One cylinder out of each lot of 500 or fewer must be subjected
to a hydrostatic test pressure of 6,000 psig or higher.
(2) The cylinder referred to in paragraph (f)(1) of this section
must burst at a pressure higher than 6,000 psig without fragmenting or
otherwise showing lack of ductility, or must hold a pressure of 12,000
psig for 30 seconds without bursting. In which case, it must be
subjected to a flattening test without cracking to six times wall
thickness between knife edges, wedge shaped 60 degree angle, rounded
out to a \1/2\ inch radius. The inspector's report must be suitably
changed to show results of latter alternate and flattening test. The
testing equipment must be calibrated as prescribed in CGA C-1 (IBR, see
Sec. 171.7 of this subchapter). All testing equipment and pressure
indicating devices must be accurate within the parameters defined in
CGA C-1.
(3) The remaining cylinders of the lot must be pressure tested by
the proof pressure water-jacket or direct expansion test method as
prescribed in CGA C-1. Cylinders must be examined under pressure of at
least 3,000 psig and not to exceed 4,500 psig and show no defect.
Cylinders tested at a pressure in excess of 3,600 psig must burst at a
pressure higher than 7,500 psig when tested as specified in paragraph
(f)(2) of this section. The pressure must be maintained for at least 30
seconds and sufficiently longer to ensure complete examination. The
testing equipment must be calibrated as prescribed in CGA C-1. All
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1. If, due to failure of the
test apparatus or operator error, the test pressure cannot be
maintained, the test may be repeated in accordance with CGA C-1 5.7.2
or 7.1.2, as appropriate. Determination of expansion properties is not
required.
* * * * *
0
25. In Sec. 178.44, revise paragraph (i) to read as follows:
Sec. 178.44 Specification 3HT seamless steel cylinders for aircraft
use.
* * * * *
(i) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) The test must be by water-jacket or direct expansion method as
prescribed in CGA C-1 (IBR; see Sec. 171.7 of this subchapter). The
testing equipment must be calibrated as prescribed in CGA C-1. All
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1.
(2) Each cylinder must be tested to minimum of \5/3\ times service
pressure.
(3) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and previous to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(4) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
* * * * *
0
26. In Sec. 178.45, revise paragraph (g) to read as follows:
Sec. 178.45 Specification 3T seamless steel cylinder.
* * * * *
(g) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) The test must be by water-jacket or direct expansion method as
prescribed in CGA C-1 (IBR; see Sec. 171.7 of this subchapter). The
testing equipment must be calibrated as prescribed in CGA C-1. All
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1.
(2) Each cylinder must be tested to minimum of \5/3\ times service
pressure.
(3) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(4) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
* * * * *
0
27. In Sec. 178.46, revise paragraph (g) to read as follows:
Sec. 178.46 Specification 3AL seamless aluminum cylinders.
* * * * *
(g) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) The test must be by water-jacket or direct expansion method as
prescribed in CGA C-1 (IBR; see Sec. 171.7 of this subchapter). The
testing equipment must be calibrated as prescribed in CGA C-1. All
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1.
(2) The minimum test pressure must be the greater of the following:
(i) 450 psig regardless of service pressure;
(ii) Two (2) times the service pressure for cylinders having
service pressure less than 500 psig; or
(iii) \5/3\ times the service pressure for cylinders having a
service pressure of 500 psig or greater.
(3) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2, however, if a second failure to maintain the test
pressure occurs the cylinder being tested must be rejected.
(4) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
* * * * *
0
28. In Sec. 178.47, revise paragraph (j) to read as follows:
Sec. 178.47 Specification 4DS welded stainless steel cylinders for
aircraft use.
* * * * *
[[Page 85422]]
(j) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) The test must be by water-jacket or direct expansion method as
prescribed in CGA C-1 (IBR; see Sec. 171.7 of this subchapter). The
testing equipment must be calibrated as prescribed in CGA C-1. All
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1.
(2) Each cylinder must be tested to a minimum of at least two (2)
times its service pressure.
(3) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(4) Permanent volumetric expansion may not exceed 10 percent of the
total volumetric expansion at test pressure.
(5) The cylinder must then be inspected. Any wall thickness lower
than that required by paragraph (f) of this section must be cause for
rejection. Bulges and cracks must be cause for rejection. Welded joint
defects exceeding requirements of paragraph (k) of this section are
cause for rejection.
* * * * *
0
29. Revise Sec. 178.50 to read as follows:
Sec. 178.50 Specification 4B welded or brazed steel cylinders.
(a) Type, size, pressure, and application. A DOT 4B is a welded or
brazed steel cylinder with longitudinal seams that are forged lap-
welded or brazed and with water capacity (nominal) not over 1,000
pounds and a service pressure of at least 150 but not over 500 psig.
Cylinders closed in by spinning process are not authorized.
(b) Steel. Open-hearth, electric or basic oxygen process steel of
uniform quality must be used. Content percent may not exceed the
following: Carbon, 0.25; phosphorus, 0.045; sulphur, 0.050. The
cylinder manufacturer must maintain a record of intentionally added
alloying elements.
(c) Identification of material. Pressure-retaining materials must
be identified by any suitable method that does not compromise the
integrity of the cylinder. Plates and billets for hotdrawn cylinders
must be marked with the heat number.
(d) Manufacture. Cylinders must be manufactured using equipment and
processes adequate to ensure that each cylinder produced conforms to
the requirements of this subpart. No defect is permitted that is likely
to weaken the finished cylinder appreciably. A reasonably smooth and
uniform surface finish is required. Exposed bottom welds on cylinders
over 18 inches long must be protected by footrings. Welding procedures
and operators must be qualified in conformance with CGA C-3 (IBR, see
Sec. 171.7 of this subchapter). Seams must be made as follows:
(1) Brazing materials. Brazing materials must be by copper brazing,
by copper alloy brazing, or by silver alloy brazing. Copper alloy
composition must be: Copper, 95 percent minimum; Silicon, 1.5 percent
to 3.85 percent; Manganese, 0.25 percent to 1.10 percent.
(2) Brazed circumferential seams. Heads attached by brazing must
have a driving fit with the shell, unless the shell is crimped,
swedged, or curled over the skirt or flange of the head, and be
thoroughly brazed until complete penetration by the brazing material of
the brazed joint is secured. Depth of brazing of the joint must be at
least four (4) times the minimum thickness of shell metal.
(3) Welded circumferential seams. Circumferential seams are
permitted by the welding process.
(4) Longitudinal seams in shells. Longitudinal seams must be a
forged lap joint design. When brazed, the plate edge must be lapped at
least eight (8) times the thickness of the plate, laps being held in
position, substantially metal to metal, by riveting or electric spot-
welding; brazing must be done by using a suitable flux and by placing
brazing material on one side of seam and applying heat until this
material shows uniformly along the seam of the other side.
(e) Welding or brazing. Only the attachment of neckrings,
footrings, handles, bosses, pads, and valve protection rings to the
tops and bottoms of cylinders by welding or brazing is authorized.
Attachments and the portion of the cylinder to which they are attached
must be made of weldable steel, the carbon content of which may not
exceed 0.25 percent except in the case of 4130X steel, which may be
used with proper welding procedure.
(f) Wall thickness. The wall thickness of the cylinder must comply
with the following requirements:
(1) For cylinders with outside diameters over 6 inches, the minimum
wall thickness must be 0.090 inch. In any case, the minimum wall
thickness must be such that calculated wall stress at minimum test
pressure (paragraph (i)(4) of this section) may not exceed the
following values:
(i) 24,000 psig for cylinders without longitudinal seam.
(ii) 22,800 psig for cylinders having copper brazed or silver alloy
brazed longitudinal seam.
(iii) 18,000 psig for cylinders having forged lapped welded
longitudinal seam.
(2) Calculation must be made by the formula:
S = [P(1.3D\2\ + 0.4d\2\)]/(D\2\ - d\2\)
Where:
S = wall stress in psig;
P = minimum test pressure prescribed for water jacket test or 450
psig whichever is the greater;
D = outside diameter in inches; and
d = inside diameter in inches.
(g) Heat treatment. Cylinder heads, bodies or the completed
cylinder, formed by drawing or pressing, must be uniformly and properly
heat treated by an applicable method shown in table 1 of appendix A of
this part before tests.
(h) Opening in cylinders. Openings in cylinders must comply with
the following:
(1) Any opening must be placed on other than a cylindrical surface.
(2) Each opening in a spherical type of cylinder must be provided
with a fitting, boss, or pad of weldable steel securely attached to the
cylinder by fusion welding.
(3) Each opening in a cylindrical type cylinder, except those for
pressure relief devices, must be provided with a fitting, boss, or pad,
securely attached to container by brazing or by welding.
(4) If threads are used, they must comply with the following:
(i) Threads must be clean cut, even without checks, and tapped to
gauge.
(ii) Taper threads must be of a length not less than as specified
for American Standard taper pipe threads.
(iii) Straight threads, must have at least four (4) engaged
threads, must have tight fit and a calculated shear strength at least
ten (10) times the test pressure of the cylinder; gaskets are required
for straight threads and must be of sufficient quality to prevent
leakage.
(iv) A brass fitting may be brazed to the steel boss or flange on
cylinders used as component parts of handheld fire extinguishers.
(5) The closure of a fitting, boss, or pad must be adequate to
prevent leakage.
(i) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows: (1) Lot testing. (i) At least one (1)
cylinder randomly selected out of each lot of 200 or fewer must be
[[Page 85423]]
tested by the water jacket or direct expansion method as prescribed in
CGA C-1 (IBR; see Sec. 171.7 of this subchapter). The testing
equipment must be calibrated as prescribed in CGA C-1. All testing
equipment and pressure indicating devices must be accurate within the
parameters defined in CGA C-1.
(ii) Each cylinder must be tested to a minimum of 2 times service
pressure.
(iii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(iv) Permanent volumetric expansion may not exceed 10 percent of
the total volumetric expansion at test pressure.
(2) Pressure testing. (i) The remaining cylinders in the lot must
be tested by the proof pressure, water-jacket, or direct expansion test
method as prescribed in CGA C-1. The minimum test pressure must be
maintained for the specific timeframe and the testing equipment must be
calibrated as prescribed in CGA C-1. Further, all testing equipment and
pressure indicating devices must be accurate within the parameters
defined in CGA C-1. If, due to failure of the test apparatus or
operator error, the test pressure cannot be maintained, the test may be
repeated in accordance with CGA C-1, sections 5.7.2 or 7.1.2, as
appropriate. Determination of expansion properties is not required.
(ii) Each cylinder must be tested to a minimum of at least two (2)
times service pressure and show no defect.
(j) Mechanical test. A mechanical test must be conducted to
determine yield strength, tensile strength, elongation as a percentage,
and reduction of area of material as a percentage as follows:
(1) Testing is required on two (2) specimens removed from one (1)
cylinder, or part thereof, heat-treated as required, as illustrated in
appendix A to this subpart. For lots of 30 or fewer, mechanical tests
are authorized to be made on a ring at least 8 inches long removed from
each cylinder and subjected to the same heat treatment as the finished
cylinder.
(2) Specimens must comply with the following:
(i) When a cylinder wall is \3/16\ inch thick or less, one the
following gauge lengths is authorized: A gauge length of 8 inches with
a width not over 1\1/2\ inches, a gauge length of 2 inches with a width
not over 1\1/2\ inches, or a gauge length at least twenty-four (24)
times the thickness with a width not over six (6) times the thickness.
(ii) The specimen, exclusive of grip ends, may not be flattened.
Grip ends may be flattened to within one inch of each end of the
reduced section.
(iii) When the size of a cylinder does not permit securing straight
specimens, the specimens may be taken in any location or direction and
may be straightened or flattened cold, by pressure only, not by blows.
When specimens are taken and prepared using this method, the
inspector's report must show detailed information regarding such
specimens in connection with the record of mechanical tests.
(iv) Heating of a specimen for any purpose is not authorized.
(3) The yield strength in tension must be the stress corresponding
to a permanent strain of 0.2 percent of the gauge length. The following
conditions apply:
(i) The yield strength must be determined by either the ``offset''
method or the ``extension under load'' method as prescribed in ASTM E 8
(IBR, see Sec. 171.7 of this subchapter).
(ii) In using the ``extension under load'' method, the total strain
(or ``extension under load'') corresponding to the stress at which the
0.2 percent permanent strain occurs may be determined with sufficient
accuracy by calculating the elastic extension of the gauge length under
appropriate load and adding thereto 0.2 percent of the gauge length.
Elastic extension calculations must be based on an elastic modulus of
30,000,000. In the event of controversy, the entire stress-strain
diagram must be plotted and the yield strength determined from the 0.2
percent offset.
(iii) For strain measurement, the initial strain reference must be
set while the specimen is under a stress of 12,000 psig, and strain
indicator reading must be set at the calculated corresponding strain.
(iv) Cross-head speed of the testing machine may not exceed \1/8\
inch per minute during yield strength determination.
(v) The yield strength must not exceed 73 percent of the tensile
strength.
(k) Elongation. Mechanical test specimens must show at least a 40
percent elongation for a 2-inch gauge length or at least 20 percent in
other cases. However, elongation percentages may be reduced numerically
by 2 percent for 2-inch specimens, and by 1 percent in other cases, for
each 7,500 psig increase of tensile strength above 50,000 psig. The
tensile strength may be incrementally increased by four increments of
7,500 psig for a maximum total of 30,000 psig.
(l) Flattening test--(1) Cylinders. After pressure testing, a
flattening test must be performed on one cylinder taken at random out
of each lot of 200 or fewer by placing the cylinder between wedge-
shaped knife edges having a 60 degree included angle, rounded to a
half-inch radius. The longitudinal axis of the cylinder must be at a
90-degree angle to knife edges during the test. For lots of 30 or
fewer, flattening tests are authorized to be performed on a ring of at
least 8 inches long removed from each cylinder and subjected to the
same heat treatment as the finished cylinder.
(2) Pipes. When cylinders are constructed of lap welded pipe, an
additional flattening test is required, without evidence of cracking,
up to six (6) times the wall thickness. In such case, the rings (crop
ends) removed from each end of the pipe, must be tested with the weld
45 [deg]F or less from the point of greatest stress.
(m) Acceptable results for flattening tests. There must be no
evidence of cracking of the sample when it is flattened between flat
plates to no more than six (6) times the wall thickness. If this test
fails, one additional sample from the same lot may be taken. If this
second sample fails, the entire lot must be rejected.
(n) Rejected cylinders. Reheat treatment is authorized for a
rejected cylinder in accordance with this paragraph (n). After reheat
treatment, a cylinder must pass all prescribed tests in this section to
be considered acceptable. Repair of brazed seams by brazing and welded
seams by welding is authorized. For cylinders with an outside diameter
of less than or equal to six (6) inches, welded seam repairs greater
than one (1) inch in length shall require reheat treatment of the
cylinder. For cylinders greater than an outside diameter of 6 inches,
welded seam repairs greater than three (3) inches in length shall
require reheat treatment.
(o) Markings. (1) Markings must be as required as in Sec. 178.35
and in addition must be stamped plainly and permanently in any of the
following locations on the cylinder:
(i) On shoulders and top heads whose wall thickness is not less
than 0.087-inch thick;
(ii) On side wall adjacent to top head for side walls which are not
less than 0.090 inch thick;
(iii) On a cylindrical portion of the shell that extends beyond the
recessed bottom of the cylinder, constituting an integral and non-
pressure part of the cylinder;
[[Page 85424]]
(iv) On a metal plate attached to the top of the cylinder or
permanent part thereof; sufficient space must be left on the plate to
provide for stamping at least six retest dates; the plate must be at
least \1/16\-inch thick and must be attached by welding, or by brazing.
The brazing rod must melt at a temperature of 1100 [deg]F. Welding or
brazing must be along all the edges of the plate;
(v) On the neck, neckring, valve boss, valve protection sleeve, or
similar part permanently attached to the top of the cylinder; or
(vi) On the footring permanently attached to the cylinder, provided
the water capacity of the cylinder does not exceed 30 pounds.
(2) Embossing the cylinder head or sidewall is not permitted.
0
30. Revise Sec. 178.51 to read as follows:
Sec. 178.51 Specification 4BA welded or brazed steel cylinders.
(a) Type, size, pressure, and application. A DOT 4BA cylinder is a
cylinder, either spherical or cylindrical design, with a water capacity
of 1,000 pounds or less and a service pressure range of 225 to 500
psig. Closures made by the spinning process are not authorized.
(1) Spherical type cylinder designs are permitted to have only one
circumferentially welded seam.
(2) Cylindrical type cylinder designs must be of circumferentially
welded or brazed construction; longitudinally brazed or silver-soldered
seams are also permitted.
(b) Steel. The steel used in the construction of the cylinder must
be as specified in table 1 of appendix A to this part. The cylinder
manufacturer must maintain a record of intentionally added alloying
elements.
(c) Identification of material. Pressure-retaining material must be
identified by any suitable method that does not compromise the
integrity of the cylinder. Plates and billets for hotdrawn cylinders
must be marked with the heat number.
(d) Manufacture. Cylinders must be manufactured using equipment and
processes adequate to ensure that each cylinder produced conforms to
the requirements of this subpart. No defect is permitted that is likely
to weaken the finished cylinder appreciably. A reasonably smooth and
uniform surface finish is required. Exposed bottom welds on cylinders
over 18 inches long must be protected by footrings.
(1) Seams must be made as follows:
(i) Minimum thickness of heads and bottoms must be not less than 90
percent of the required thickness of the side wall.
(ii) Circumferential seams must be made by welding or by brazing.
Heads attached by brazing must have a driving fit with the shell unless
the shell is crimped, swedged, or curled over the skirt or flange of
the head and must be thoroughly brazed until complete penetration by
the brazing material of the brazed joint is secured. Depth of brazing
from end of the shell must be at least four (4) times the thickness of
shell metal.
(iii) Longitudinal seams in shells must be made by copper brazing,
copper alloy brazing, or by silver alloy brazing. Copper alloy
composition must be: Copper 95 percent minimum, Silicon 1.5 percent to
3.85 percent, Manganese 0.25 percent to 1.10 percent. The melting point
of the silver alloy brazing material must be in excess of 1,000 [deg]F.
The plate edge must be lapped at least eight times the thickness of
plate, laps being held in position, substantially metal to metal, by
riveting or by electric spot-welding. Brazing must be done by using a
suitable flux and by placing brazing material on one side of seam and
applying heat until this material shows uniformly along the seam of the
other side. Strength of longitudinal seam: Copper brazed longitudinal
seam must have strength at least \3/2\ times the strength of the steel
wall.
(2) Welding procedures and operators must be qualified in
conformance with CGA C-3 (IBR, see Sec. 171.7 of this subchapter).
(e) Welding or brazing. Welding or brazing of any attachment or
opening to the heads of cylinders is permitted provided the carbon
content of the steel does not exceed 0.25 percent except in the case of
4130 x steel, which may be used with proper welding procedure.
(f) Wall thickness. The minimum wall thickness of the cylinder must
meet the following conditions:
(1) For any cylinder with an outside diameter of greater than 6
inches, the minimum wall thickness is 0.078 inch. In any case, the
minimum wall thickness must be such that the calculated wall stress at
the minimum test pressure may not exceed the lesser value of any of the
following:
(i) The value shown in table 1 of appendix A to this part, for the
material under consideration;
(ii) One-half of the minimum tensile strength of the material
determined as required in paragraph (j) of this section;
(iii) 35,000 psig; or
(iv) Further provided that wall stress for cylinders having copper
brazed longitudinal seams may not exceed 95 percent of any of the above
values. Measured wall thickness may not include galvanizing or other
protective coating.
(2) Cylinders that are cylindrical in shape must have the wall
stress calculated by the formula:
S = [P(1.3D\2\ + 0.4d\2\)]/(D\2\ - d\2\)
Where:
S = wall stress in psig;
P = minimum test pressure prescribed for water jacket test;
D = outside diameter in inches; and
d = inside diameter in inches.
(3) Cylinders that are spherical in shape must have the wall stress
calculated by the formula:
S = PD/4tE
Where:
S = wall stress in psig;
P = minimum test pressure prescribed for water jacket test;
D = outside diameter in inches;
t = minimum wall thickness in inches;
E = 0.85 (provides 85 percent weld efficiency factor which must be
applied in the circumferential weld area and heat affected zones
which zone must extend a distance of 6 times wall thickness from
center line of weld); and
E = 1.0 (for all other areas).
(4) For a cylinder with a wall thickness less than 0.100 inch, the
ratio of tangential length to outside diameter may not exceed 4.1.
(g) Heat treatment. Cylinders must be heat treated in accordance
with the following requirements:
(1) Each cylinder must be uniformly and properly heat treated prior
to test by the applicable method shown in table 1 of appendix A to this
part. Heat treatment must be accomplished after all forming and welding
operations, except that when brazed joints are used, heat treatment
must follow any forming and welding operations, but may be done before,
during or after the brazing operations (see paragraph (m) of this
section for weld repairs).
(2) Heat treatment is not required after the welding or brazing of
weldable low carbon parts to attachments of similar material which have
been previously welded or brazed to the top or bottom of cylinders and
properly heat treated, provided such subsequent welding or brazing does
not produce a temperature in excess of 400 [deg]F in any part of the
top or bottom material.
(h) Openings in cylinders. Openings in cylinders must comply with
the following requirements:
(1) Any opening must be placed on other than a cylindrical surface.
(2) Each opening in a spherical type cylinder must be provided with
a fitting, boss, or pad of weldable steel securely attached to the
container by fusion welding.
(3) Each opening in a cylindrical type cylinder must be provided
with a fitting,
[[Page 85425]]
boss, or pad, securely attached to container by brazing or by welding.
(4) If threads are used, they must comply with the following:
(i) Threads must be clean-cut, even, without checks and tapped to
gauge.
(ii) Taper threads must be of a length not less than that specified
for American Standard taper pipe threads.
(iii) Straight threads, having at least 4 engaged threads, must
have a tight fit and a calculated shear strength of at least 10 times
the test pressure of the cylinder. Gaskets, adequate to prevent
leakage, are required.
(i) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) Lot testing. (i) At least one (1) cylinder randomly selected
out of each lot of 200 or fewer must be tested by water jacket or
direct expansion method as prescribed in CGA C-1 (IBR, see Sec. 171.7
of this subchapter). The testing equipment must be calibrated as
prescribed in CGA C-1. All testing equipment and pressure indicating
devices must be accurate within the parameters defined in CGA C-1.
(ii) The selected cylinder must be tested to a minimum of two (2)
times service pressure.
(iii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(iv) Permanent volumetric expansion may not exceed 10 percent of
the total volumetric expansion at test pressure.
(2) Pressure testing. (i) The remaining cylinders in the lot must
be tested by the proof pressure, water-jacket, or direct expansion test
method as prescribed in CGA C-1. The minimum test pressure must be
maintained for the specific timeframe and the testing equipment must be
calibrated as prescribed in CGA C-1. Further, all testing equipment and
pressure indicating devices must be accurate within the parameters
defined in CGA C-1.
(ii) Each cylinder must be tested to a minimum of two (2) times
service pressure and show no defect. If, due to failure of the test
apparatus or operator error, the test pressure cannot be maintained,
the test may be repeated in accordance with CGA C-1 5.7.2 or 7.1.2, as
appropriate. Determination of expansion properties is not required.
(j) Mechanical test. (1) A mechanical test must be conducted to
determine yield strength, tensile strength, elongation as a percentage,
and reduction of area of material as a percentage, as follows:
(i) Cylinders. Testing is required on two (2) specimens removed
from one cylinder or part thereof taken at random out of each lot of
200 or fewer. Samples must be removed after heat treatment as
illustrated in appendix A to this subpart.
(ii) Spheres. Testing is required on two (2) specimens removed from
the sphere or flat representative sample plates of the same heat of
material taken at random from the steel used to produce the spheres.
Samples (including plates) must be taken from each lot of 200 or fewer.
The flat steel from which two specimens are to be removed must receive
the same heat treatment as the spheres themselves. Samples must be
removed after heat treatment as illustrated in appendix A to this
subpart.
(2) Specimens must comply with the following:
(i) When a cylinder wall is \3/16\ inch thick or less, one the
following gauge lengths is authorized: A gauge length of 8 inches with
a width not over 1\1/2\ inches, a gauge length of 2 inches with a width
not over 1\1/2\ inches, or a gauge length at least twenty-four (24)
times the thickness with a width not over six (6) times the thickness.
(ii) The specimen, exclusive of grip ends, may not be flattened.
Grip ends may be flattened to within one inch of each end of the
reduced section.
(iii) When size of the cylinder does not permit securing straight
specimens, the specimens may be taken in any location or direction and
may be straightened or flattened cold, by pressure only, not by blows.
When specimens are so taken and prepared, the inspector's report must
show with the record of physical tests detailed information in regard
to such specimens.
(iv) Heating of a specimen for any purpose is not authorized.
(3) The yield strength in tension must be the stress corresponding
to a permanent strain of 0.2 percent of the gauge length. The following
conditions apply:
(i) The yield strength must be determined by either the ``offset''
method or the ``extension under load'' method as prescribed in ASTM E 8
(IBR, see Sec. 171.7 of this subchapter).
(ii) In using the ``extension under load'' method, the total strain
(or ``extension under load''), corresponding to the stress at which the
0.2 percent permanent strain occurs may be determined with sufficient
accuracy by calculating the elastic extension of the gauge length under
appropriate load and adding thereto 0.2 percent of the gauge length.
Elastic extension calculations must be based on an elastic modulus of
30,000,000. In the event of controversy, the entire stress-strain
diagram must be plotted and the yield strength determined from the 0.2
percent offset.
(iii) For strain measurement, the initial strain reference must be
set while the specimen is under a stress of 12,000 psig, and the strain
indicator reading must be set at the calculated corresponding strain.
(k) Elongation. Mechanical test specimens must show at least a 40
percent elongation for a 2-inch gauge length or at least 20 percent in
other cases. However, elongation percentages may be reduced numerically
by 2 percent for 2-inch specimens, and by 1 percent in other cases, for
each 7,500 psig increase of tensile strength above 50,000 psig. The
tensile strength may be incrementally increased by four increments of
7,500 psig for a maximum total of 30,000 psig.
(l) Tests of welds. Except for brazed seams, welds must be tested
as follows:
(1) Tensile test. A specimen must be removed from one cylinder of
each lot of 200 or fewer, or welded test plate. The welded test plate
must be of one of the heats in the lot of 200 or fewer which it
represents, in the same condition and approximately the same thickness
as the cylinder wall except that in no case must it be of a lesser
thickness than that required for a quarter size Charpy impact specimen.
The weld must be made by the same procedures and subjected to the same
heat treatment as the major weld on the cylinder. The specimen must be
taken from across the major seam and must be prepared and tested in
conformance with and must meet the requirements of CGA C-3. Should this
specimen fail to meet the requirements, one additional specimen must be
taken from two additional cylinders or welded test plates from the same
lot and tested. If either of these latter two specimens fail to meet
the requirements, the entire lot represented must be rejected.
(2) Guided bend test. A root bend test specimen must be removed
from the cylinder or welded test plate that was used for the tensile
test specified in paragraph (l)(1) of this section. The specimen must
be taken from across the circumferential seam and must be prepared and
tested in conformance with and must meet the requirements of CGA C-3.
Should this specimen fail to meet the requirements, one additional
[[Page 85426]]
specimen must be taken from two additional cylinders or welded test
plates from the same lot and tested. If either of these latter two
specimens fail to meet the requirements, the entire lot represented
must be rejected.
(3) Alternate guided-bend test. This test may be used and must be
as required by CGA C-3. The specimen must be bent until the elongation
at the outer surface, adjacent to the root of the weld, between the
lightly scribed gage lines a to b, must be at least 20 percent, except
that this percentage may be reduced for steels having a tensile
strength in excess of 50,000 psig, as provided in paragraph (k) of this
section. Should the specimen fail to meet the requirements, one
additional specimen must be taken from two additional cylinders or
welded test plates from the same lot and tested. If any of these latter
two specimens fail to meet the requirements, the entire lot represented
must be rejected.
(m) Rejected cylinders. Reheat treatment is authorized for a
rejected cylinder in accordance with this paragraph (m). After reheat,
a cylinder must pass all prescribed tests in this section to be
acceptable. Repair of brazed seams by brazing and welded seams by
welding is considered authorized. For cylinders with an outside
diameter of less than or equal to six (6) inches, welded seam repairs
greater than one (1) inch in length shall require reheat treatment of
the cylinder. For cylinders greater than an outside diameter of six (6)
inches, welded seam repairs greater than three (3) inches in length
shall require reheat treatment.
(n) Markings. (1) Markings must be as required in Sec. 178.35 and
in addition must be stamped plainly and permanently in one of the
following locations on the cylinder:
(i) On shoulders and top heads whose wall thickness is not less
than 0.087 inch thick;
(ii) On side wall adjacent to top head for side walls not less than
0.090 inch thick;
(iii) On a cylindrical portion of the shell that extends beyond the
recessed bottom of the cylinder constituting an integral and non-
pressure part of the cylinder;
(iv) On a plate attached to the top of the cylinder or permanent
part thereof; sufficient space must be left on the plate to provide for
stamping at least six retest dates; the plate must be at least \1/16\
inch thick and must be attached by welding, or by brazing at a
temperature of at least 1100 [deg]F., throughout all edges of the
plate;
(v) On the neck, neckring, valve boss, valve protection sleeve, or
similar part permanently attached to the top of the cylinder; or
(vi) On the footring permanently attached to the cylinder, provided
the water capacity of the cylinder does not exceed 30 pounds.
(2) [Reserved]
0
31. In Sec. 178.53, revise paragraph (h) to read as follows:
Sec. 178.53 Specification 4D welded steel cylinders for aircraft
use.
* * * * *
(h) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) Lot testing. (i) At least one cylinder selected at random out
of each lot of 200 or fewer must be tested by water-jacket or direct
expansion as prescribed in CGA C-1 (IBR; see Sec. 171.7 of this
subchapter). The testing equipment must be calibrated as prescribed in
CGA C-1. All testing equipment and pressure indicating devices must be
accurate within the parameters defined in CGA C-1.
(ii) The selected cylinder must be tested to a minimum of three (3)
times service pressure.
(iii) The minimum test pressure must be maintained be maintained at
least 30 seconds and sufficiently longer to ensure complete expansion.
Any internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(iv) Permanent volumetric expansion may not exceed 10 percent of
the total volumetric expansion at test pressure.
(2) Pressure testing. (i) The remaining cylinders in each lot must
be tested by the proof pressure water-jacket or direct expansion test
method as prescribed in CGA C-1. The minimum test pressure must be
maintained for the specific timeframe and the testing equipment must be
calibrated as prescribed in CGA C-1. Further, all testing equipment and
pressure indicating devices must be accurate within the parameters
defined in CGA C-1. Determination of expansion properties is not
required.
(ii) Each cylinder must be tested to a minimum of two (2) times
service pressure and show no defect. If, due to failure of the test
apparatus or operator error, the test pressure cannot be maintained,
the test may be repeated in accordance with CGA C-1 5.7.2 or 7.1.2, as
appropriate.
(3) Alternative volumetric expansion testing. As an alternative to
the testing prescribed in paragraphs (h)(1) and (2) of this section,
every cylinder may be volumetrically expansion tested by the water
jacket or direct expansion test method. The testing equipment must be
calibrated as prescribed in CGA C-1. All testing equipment and pressure
indicating devices must be accurate within the parameters defined in
CGA C-1.
(i) Each cylinder must be tested to a minimum of at least two (2)
times its service pressure.
(ii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and previous to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(iii) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
* * * * *
0
32. In Sec. 178.55, revise paragraph (i) to read as follows:
Sec. 178.55 Specification 4B240ET welded or brazed cylinders.
* * * * *
(i) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) Lot testing. (i) At least one (1) cylinder selected at random
out of each lot of 200 or fewer must be tested by water-jacket or
direct expansion method as prescribed in CGA C-1 (IBR; see Sec. 171.7
of this subchapter). The testing equipment must be calibrated as
prescribed in CGA C-1. All testing equipment and pressure indicating
devices must be accurate within the parameters defined in CGA C-1.
(ii) Each cylinder must be tested to a minimum of two (2) times
service pressure.
(iii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(iv) Permanent volumetric expansion may not exceed 10 percent of
the total volumetric expansion at test pressure.
(2) Pressure testing. (i) The remaining cylinders in each lot must
be tested by the proof pressure water-jacket or direct expansion test
method as prescribed in
[[Page 85427]]
CGA C-1. The minimum test pressure must be maintained for the specific
timeframe and the testing equipment must be calibrated as prescribed in
CGA C-1. All testing equipment and pressure indicating devices must be
accurate within the parameters defined in CGA C-1.
(ii) Each cylinder must be tested to a minimum of two (2) times
service pressure and show no defect. If, due to failure of the test
apparatus or operator error, the test pressure cannot be maintained,
the test may be repeated in accordance with CGA C-1 5.7.2 or 7.1.2.
Determination of expansion properties is not required.
(3) Burst testing. (i) For purposes of burst testing, each 1,000
cylinders or fewer successively produced each day constitutes a lot.
All cylinders of a lot must be of identical size, construction heat
treatment, finish, and quality.
(ii) One cylinder must be selected from each lot and be
hydrostatically pressure tested to destruction. If this cylinder bursts
below five (5) times the service pressure, then two additional
cylinders from the same lot as the previously tested cylinder must be
selected and subjected to this test. If either of these cylinders fails
by bursting below five (5) times the service pressure then the entire
lot must be rejected. All testing equipment and pressure indicating
devices must be accurate within the parameters defined in CGA C-1.
* * * * *
0
33. In Sec. 178.56, revise paragraph (i) to read as follows:
Sec. 178.56 Specification 4AA480 welded steel cylinders.
* * * * *
(i) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) Lot testing. (i) At least one (1) cylinder selected at random
out of each lot of 200 or fewer must be tested by water-jacket or
direct expansion method as prescribed in CGA C-1 (IBR; see Sec. 171.7
of this subchapter). The testing equipment must be calibrated as
prescribed in CGA C-1. All testing equipment and pressure indicating
devices must be accurate within the parameters defined in CGA C-1.
(ii) The selected cylinder must be tested to a minimum of two (2)
times service pressure.
(iii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(iv) Permanent volumetric expansion may not exceed 10 percent of
the total volumetric expansion at test pressure.
(v) If the selected cylinder fails, then two (2) additional
specimens must be selected at random from the same lot and subjected to
the prescribed testing. If either of these fails the test, then each
cylinder in that lot must be tested as prescribed in paragraph (i)(l)
of this section.
(2) Pressure testing. (i) The remaining cylinders in each lot must
be tested by the proof pressure, water-jacket, or direct expansion test
method as prescribed in CGA C-1. The minimum test pressure must be
maintained for the specific timeframe and the testing equipment must be
calibrated as prescribed in CGA C-1. Further, all testing equipment and
pressure indicating devices must be accurate within the parameters
defined in CGA C-1.
(ii) Each cylinder must be tested to a minimum of two (2) times
service pressure and show no defect. A cylinder showing a defect must
be rejected unless it may be requalified under paragraph (m) of this
section. If, due to failure of the test apparatus or operator error,
the test pressure cannot be maintained, the test may be repeated in
accordance with CGA C-1 5.7.2 or 7.1.2, as appropriate. Determination
of expansion properties is not required.
* * * * *
0
34. In Sec. 178.57, revise paragraph (i) to read as follows:
Sec. 178.57 Specification 4L welded insulated cylinders.
* * * * *
(i) Pressure testing. Each cylinder, before insulating and
jacketing, must successfully withstand a pressure test as follows:
(1) The cylinder must be tested by the proof pressure, water-
jacket, or direct expansion test method as prescribed in CGA C-1 (IBR;
see Sec. 171.7 of this subchapter). The testing equipment must be
calibrated as prescribed in CGA C-1. All testing equipment and pressure
indicating devices must be accurate within the parameters defined in
CGA C-1.
(2) Each cylinder must be tested to a minimum of two (2) times
service pressure.
(3) The minimum test pressure must be maintained at least 30
seconds. Any internal pressure applied after heat-treatment and prior
to the official test may not exceed 90 percent of the test pressure.
If, due to failure of the test apparatus or operator error, the test
pressure cannot be maintained, the test may be repeated in accordance
with CGA C-1 5.7.2 or 7.1.2. Determination of expansion properties is
not required.
(4) There must be no evidence of leakage, visible distortion or
other defect.
* * * * *
0
35. In Sec. 178.58, revise paragraph (i) to read as follows:
Sec. 178.58 Specification 4DA welded steel cylinders for aircraft
use.
* * * * *
(i) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) The test must be by water-jacket or direct expansion method as
prescribed in CGA C-1 (IBR; see Sec. 171.7 of this subchapter). The
testing equipment must be calibrated as prescribed in CGA C-1. All
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1.
(2) Each cylinder must be tested to a minimum of two (2) times
service pressure.
(3) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(4) Permanent volumetric expansion may not exceed 10 percent of the
total volumetric expansion at test pressure.
* * * * *
0
36. In Sec. 178.59, revise paragraph (h) to read as follows:
Sec. 178.59 Specification 8 steel cylinders with porous fillings for
acetylene.
* * * * *
(h) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) Lot testing. (i) At least one (1) cylinder selected at random
out of each lot of 200 or fewer must be tested by water-jacket or
direct expansion method as prescribed in CGA C-1 (IBR; see Sec. 171.7
of this subchapter). The testing equipment must be calibrated as
prescribed in CGA C-1. All testing equipment and pressure indicating
devices must be accurate within the parameters defined in CGA C-1.
(ii) The selected cylinder must be tested to a minimum of 750 psig.
[[Page 85428]]
(iii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(iv) Permanent volumetric expansion may not exceed 10 percent of
the total volumetric expansion at test pressure.
(v) If the selected cylinder passes the volumetric expansion test,
each remaining cylinder in the lot must be pressure tested in
accordance with paragraph (h)(2) of this section. If the selected
cylinder fails, each cylinder in the lot must be tested by water-jacket
or direct expansion method as prescribed in CGA C-1 at 750 psig. Each
cylinder with a permanent expansion that does not exceed 10% is
acceptable.
(2) Pressure testing. (i) If the selected cylinder passes the
water-jacket or direct expansion test, the remaining cylinders in each
lot must be pressure tested by the proof pressure, water-jacket or
direct expansion test method as prescribed in CGA C-1. The minimum test
pressure must be maintained for the specific timeframe and the testing
equipment must be calibrated as prescribed in CGA C-1. Further, all
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1.
(ii) Each cylinder must be tested between 500 and 600 psig and show
no defect. If, due to failure of the test apparatus or operator error,
the test pressure cannot be maintained, the test may be repeated in
accordance with CGA C-1 section 5.7.2 or 7.1.2, as appropriate.
Determination of expansion properties is not required.
* * * * *
0
37. In Sec. 178.60, revise paragraph (j) to read as follows:
Sec. 178.60 Specification 8AL steel cylinders with porous fillings
for acetylene.
* * * * *
(j) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) Lot testing. (i) At least one (1) cylinder selected at random
out of each lot of 200 or less must be tested by water-jacket or direct
expansion method as prescribed in CGA C-1 (IBR; see Sec. 171.7 of this
subchapter). The testing equipment must be calibrated as prescribed in
CGA C-1. All testing equipment and pressure indicating devices must be
accurate within the parameters defined in CGA C-1.
(ii) The selected cylinder must be tested to a minimum of 750 psig.
(iii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(iv) Permanent volumetric expansion may not exceed 10 percent of
the total volumetric expansion at test pressure.
(v) If the selected cylinder passes the volumetric expansion test,
each remaining cylinder in the lot must be pressure tested in
accordance with paragraph (h)(2) of this section. If the selected
cylinder fails, each cylinder in the lot must be tested by water-jacket
or direct expansion method as prescribed in CGA C-1 at 750 psig. Each
cylinder with a permanent expansion that does not exceed 10% is
acceptable.
(2) Pressure testing. (i) If the selected cylinder passes the
water-jacket or direct expansion test, the remaining cylinders in each
lot must be pressure tested by the proof pressure water-jacket or
direct expansion test method as prescribed in CGA C-1. The minimum test
pressure must be maintained for the specific timeframe and the testing
equipment must be calibrated as prescribed in CGA C-1. Further, all
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1.
(ii) Each cylinder must be tested between 500 and 600 psig and show
no defect. If, due to failure of the test apparatus or operator error,
the test pressure cannot be maintained, the test may be repeated in
accordance with CGA C-1 section 5.7.2 or 7.1.2, as appropriate.
Determination of expansion properties is not required.
* * * * *
0
38. Revise Sec. 178.61 to read as follows:
Sec. 178.61 Specification 4BW welded steel cylinders with electric-
arc welded seam.
(a) Type, size, pressure, and application. A DOT 4BW cylinder has a
spherical or cylindrical design, a water capacity of 1,000 pounds or
less, and a service pressure range of 225 to 500 psig. Closures made by
the spinning process are not authorized.
(1) Spherical designs are permitted to have only one
circumferentially electric-arc welded seam.
(2) Cylindrical designs must be of circumferentially welded
electric-arc construction; longitudinally electric-arc welded seams are
permitted.
(b) Steel. (1) The steel used in the construction of the cylinder
must be as specified in table 1 of appendix A to this part. The
cylinder manufacturer must maintain a record of intentionally added
alloying elements.
(2) Material for heads must meet the requirements of paragraph
(b)(1) of this section or be open hearth, electric or basic oxygen
carbon steel of uniform quality. Content percent may not exceed the
following: Carbon 0.25, Manganese 0.60, Phosphorus 0.045, Sulfur 0.050.
Heads must be hemispherical or ellipsoidal in shape with a maximum
ratio of 2:1. If low carbon steel is used, the thickness of such heads
must be determined by using a maximum wall stress of 24,000 psi in the
formula described in paragraph (f)(2) of this section.
(c) Identification of material. Pressure-retaining materials must
be identified by any suitable method that does not compromise the
integrity of the cylinder. Plates and billets for hotdrawn cylinders
must be marked with the heat number.
(d) Manufacture. Cylinders must be manufactured using equipment and
processes adequate to ensure that each cylinder produced conforms to
the requirements of this subpart and the following:
(1) No defect is permitted that is likely to weaken the finished
cylinder appreciably. A reasonably smooth and uniform surface is
required. Exposed bottom welds on cylinders over 18 inches long must be
protected by footrings. Minimum thickness of heads may not be less than
90 percent of the required thickness of the sidewall. Heads must be
concave to pressure.
(2) Circumferential seams must be by electric-arc welding. Joints
must be butt with one member offset (joggle butt) or with a lap joint.
Joints must have a minimum overlap of at least four (4) times nominal
sheet thickness.
(3) Longitudinal electric-arc welded seams (in shells) must be of
the butt welded type. Welds must be made by a machine process including
automatic feed and welding guidance mechanisms. Longitudinal seams must
have complete joint penetration, and must be free from undercuts,
overlaps or abrupt ridges or valleys. Misalignment of mating butt edges
may not exceed \1/6\ inch of nominal sheet thickness or \1/32\ inch
whichever is less. All joints with nominal sheet thickness up to and
including \1/8\ inch must be tightly butted. When nominal sheet
thickness is
[[Page 85429]]
greater than \1/8\ inch, the joint must be gapped with maximum distance
equal to one-half the nominal sheet thickness or \1/32\ inch whichever
is less. Joint design, preparation, and fit-up must be such that
requirements of this paragraph (d) are satisfied.
(4) Welding procedures and operators must be qualified in
accordance with CGA C-3 (IBR, see Sec. 171.7 of this subchapter).
(5)(i) Welds of the cylinders must be subjected to radioscopic or
radiographic examination as follows:
(ii) Radioscopy or radiography must be in conformance with CGA C-3
(IBR; see Sec. 171.7 of this subchapter). Maximum joint efficiency
will be 1.0 when each longitudinal seam is examined completely. Maximum
joint efficiency will be 0.90 when one cylinder from each lot of 50
consecutively welded cylinders is spot examined. In addition, one out
of the first five cylinders welded following a shutdown of welding
operations exceeding four hours must be spot examined. Spot
radiographs, when required, must be made of a finished welded cylinder
and must include the circumferential weld for 2 inches in both
directions from the intersection of the longitudinal and
circumferential welds and include at least 6 inches of the longitudinal
weld. Maximum joint efficiency of 0.75 will be permissible without
radiography or radioscopy. When fluoroscopic examination is used,
permanent film records need not be retained. Circumferential welds need
not be examined, except as part of spot examination.
(e) Welding of attachments. The attachment to the tops and bottoms
only of cylinders by welding of neckrings, footrings, handles, bosses,
pads and valve protection rings is authorized provided that such
attachments and the portion of the container to which they are attached
are made of weldable steel, the carbon content of which may not exceed
0.25 percent.
(f) Wall thickness. (1) For outside diameters over 6 inches the
minimum wall thickness must be 0.078 inch. In any case, the minimum
wall thickness must be such that the wall stress calculated by the
formula listed in paragraph (f)(2) of this section may not exceed the
lesser value of any of the following:
(i) The value referenced in paragraph (b) of this section for the
particular material under consideration.
(ii) One-half of the minimum tensile strength of the material
determined as required in paragraph (j) of this section.
(iii) 35,000 psig.
(2) Stress must be calculated by the following formula:
S = [2P(1.3D\2\ + 0.4d\2\)]/[E(D\2\ - d\2\)]
Where:
S = wall stress, psig;
P = service pressure, psig;
D = outside diameter, inches;
d = inside diameter, inches; and
E = joint efficiency of the longitudinal seam (from paragraph (d) of
this section).
(3) For a cylinder with a wall thickness less than 0.100 inch, the
ratio of tangential length to outside diameter may not exceed 4 to 1
(4:1).
(g) Heat treatment. Cylinders must be heat treated in accordance
with the following requirements:
(1) Each cylinder must be uniformly and properly heat treated prior
to test by the applicable method referenced in table 1 of appendix A to
this part. Heat treatment must be accomplished after all forming and
welding operations, except that when brazed joints are used, heat
treatment must follow any forming and welding operations, but may be
done before, during or after the brazing operations (see paragraph (n)
of this section for weld repairs).
(2) Heat treatment is not required after welding of weldable low-
carbon parts to attachments of similar material which have been
previously welded to the top or bottom of cylinders and properly heat
treated, provided such subsequent welding does not produce a
temperature in excess of 400 [deg]F in any part of the top or bottom
material.
(h) Openings in cylinders. Openings in cylinders must comply with
the following requirements:
(1) All openings must be in heads or bases.
(2) Each opening in a spherical-type cylinder must be provided with
a fitting, boss, or pad of weldable steel securely attached to the
cylinder by fusion welding.
(3) Each opening in a cylindrical-type cylinder must be provided
with a fitting, boss, or pad securely attached to the cylinder by
welding.
(4) If threads are used, they must comply with the following:
(i) Threads must be clean cut, even, without checks, and tapped to
gauge.
(ii) Taper threads must be of length not less than as specified for
American Standard Taper Pipe Threads.
(iii) Straight threads, having at least four (4) engaged threads,
must have a tight fit and calculated shear strength at least ten (10)
times the test pressure of the cylinder. Gaskets, adequate to prevent
leakage, are required.
(iv) A brass fitting may be brazed to the steel boss or flange on
cylinders used as component parts of handheld fire extinguishers.
(i) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) Lot testing. (i) At least one (1) cylinder randomly selected
out of each lot of 200 or fewer must be tested by the water-jacket or
direct expansion method as prescribed in CGA C-1 (IBR, see Sec. 171.7
of this subchapter). The testing equipment must be calibrated as
prescribed in CGA C-1. All testing equipment and pressure indicating
devices must be accurate within the parameters defined in CGA C-1.
(ii) Each selected cylinder must be tested to a minimum of two (2)
times service pressure.
(iii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(iv) Permanent volumetric expansion may not exceed 10 percent of
the total volumetric expansion at test pressure.
(2) Pressure testing. (i) The remaining cylinders in each lot must
be pressure tested by the proof pressure, water-jacket or direct
expansion test method as prescribed in CGA C-1. The minimum test
pressure must be maintained for the specific timeframe and the testing
equipment must be calibrated as prescribed in CGA C-1. Further, all
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1.
(ii) Each cylinder must be tested to a minimum of two (2) times
service pressure and show no defect. If, due to failure of the test
apparatus or operator error, the test pressure cannot be maintained,
the test may be repeated in accordance with CGA C-1 5.7.2 or 7.1.2, as
appropriate. Determination of expansion properties is not required.
(3) Burst testing. One finished cylinder selected at random out of
each lot of 500 or less successively produced must be hydrostatically
tested to four (4) times service pressure without bursting. All testing
equipment and pressure indicating devices must be accurate within the
parameters defined in CGA C-1.
(j) Mechanical tests. Mechanical tests must be conducted to
determine yield strength, tensile strength, elongation as a percentage,
and reduction of area of material as a percentage, as follows:
(1) Specimens must be taken from one cylinder after heat treatment
as
[[Page 85430]]
illustrated in appendix A to this subpart, chosen at random from each
lot of 200 or fewer, as follows:
(i) One specimen must be taken longitudinally from the body section
at least 90 degrees away from the weld.
(ii) One specimen must be taken from either head on a cylinder when
both heads are made of the same material. However, if the two heads are
made of differing materials, a specimen must be taken from each head.
(iii) If due to welded attachments on the top head there is
insufficient surface from which to take a specimen, it may be taken
from a representative head of the same heat treatment as the test
cylinder.
(2) Specimens must conform to the following:
(i) When a cylinder wall is \3/16\ inch thick or less, one the
following gauge lengths is authorized: A gauge length of 8 inches with
a width not over 1\1/2\ inches, a gauge length of 2 inches with a width
not over 1\1/2\ inches, or a gauge length at least twenty-four (24)
times the thickness with a width not over six (6) times the thickness.
(ii) The specimen, exclusive of grip ends, may not be flattened.
Grip ends may be flattened to within 1 inch of each end of the reduced
section.
(iii) When size of the cylinder does not permit securing straight
specimens, the specimens may be taken in any location or direction and
may be straightened or flattened cold, by pressure only, not by blows.
When specimens are taken, and prepared in this manner, the inspector's
report must show, in connection with the record of physical tests,
detailed information in regard to such specimens.
(iv) Heating of a specimen for any purpose is not authorized.
(3) The yield strength in tension must be the stress corresponding
to a permanent strain of 0.2 percent of the gauge length. The following
conditions apply:
(i) The yield strength must be determined by either the ``off-set''
method or the ``extension under load'' method as prescribed in ASTM E 8
(IBR, see Sec. 171.7 of this subchapter).
(ii) In using the ``extension under load'' method, the total strain
(or ``extension under load''), corresponding to the stress at which the
0.2-percent permanent strain occurs may be determined with sufficient
accuracy by calculating the elastic extension of the gauge length under
appropriate load and adding thereto 0.2 percent of the gauge length.
Elastic extension calculations must be based on an elastic modulus of
30,000,000. In the event of controversy, the entire stress-strain
diagram must be plotted and the yield strength determined from the 0.2-
percent offset.
(iii) For strain measurement, the initial strain reference must be
set while the specimen is under a stress of 12,000 psig, and the strain
indicator reading must be set at the calculated corresponding strain.
(iv) Cross-head speed of the testing machine may not exceed \1/8\
inch per minute during yield strength determination.
(k) Elongation. Mechanical test specimens must show at least a 40
percent elongation for a 2-inch gauge length or at least 20 percent in
other cases. However, elongation percentages may be reduced numerically
by 2 percent for 2-inch specimens, and by 1 percent in other cases, for
each 7,500 psi increase of tensile strength above 50,000 psig. The
tensile strength may be incrementally increased by four increments of
7,500 psig for a maximum total of 30,000 psig.
(l) Tests of welds. Welds must be subjected to the following tests:
(1) Tensile test. A specimen must be removed from one cylinder of
each lot of 200 or fewer. The specimen must be taken from across the
longitudinal seam and must be prepared and tested in conformance with
the requirements of CGA C-3 (IBR, see Sec. 171.7 of this subchapter).
(2) Guided bend test. A root bend test specimen must be removed
from the cylinder or welded test plate used for the tensile test
specified in paragraph (m)(1) of this section. Specimens must be taken
from across the longitudinal seam and must be prepared and tested in
conformance with the requirements of CGA C-3. If the specimen fails to
meet the requirements, one specimen each must be taken from two
additional cylinders or welded test plates from the same lot as the
previously tested cylinder or added test plate and tested. If either of
these latter two specimens fails to meet the requirements, the entire
lot represented must be rejected.
(3) Alternate guided bend test. This test may be used and must be
as required by CGA C-3. The specimen must be bent until the elongation
at the outer surface, adjacent to the root of the weld, between the
lightly scribed gauge lines a to b, must be at least 20 percent, except
that this percentage may be reduced for steels having a tensile
strength in excess of 50,000 psig, as provided in paragraph (k) of this
section. Should this specimen fail to meet the requirements, one
additional specimen must be taken from two additional cylinders or
welded test plates from the same lot and tested as the previously
tested cylinder or added test plate. If either of these latter two
specimens fails to meet the requirements, the entire lot represented
must be rejected.
(m) Rejected cylinders. (1) Unless otherwise stated, if a sample
cylinder or specimen taken from a lot of cylinders fails the prescribed
test, then two additional specimens must be selected from the same lot
and subjected to the prescribed test. If either of these fails the
test, then the entire lot must be rejected.
(2) Reheat treatment of rejected cylinders. Reheat treatment is
authorized for a rejected cylinder in accordance with this paragraph
(m)(2). After reheat treatment, a cylinder must pass all prescribed
tests in this section to be considered acceptable. Repair of welded
seams by welding is authorized. For cylinders less than or equal to an
outside diameter of 6 inches, welded seam repairs greater than 1 inch
in length shall require reheat treatment of the cylinder. For cylinders
greater than an outside diameter of 6 inches, welded seam repairs
greater than 3 inches in length shall require reheat treatment.
(n) Markings. (1) Markings must be as required in Sec. 178.35 and
in addition must be stamped plainly and permanently in one of the
following locations on the cylinder:
(i) On shoulders and top heads whose wall thickness is not less
than 0.087 inch thick.
(ii) On side wall adjacent to top head for side walls not less than
0.090 inch thick.
(iii) On a cylindrical portion of the shell that extends beyond the
recessed bottom of the cylinder constituting an integral and non-
pressure part of the cylinder.
(iv) On a plate attached to the top of the cylinder or permanent
part thereof; sufficient space must be left on the plate to provide for
stamping at least six retest dates; the plate must be at least \1/16\-
inch thick and must be attached by welding at a temperature of 1,100
[deg]F, throughout all edges of the plate.
(v) On the neck, neckring, valve boss, valve protection sleeve, or
similar part permanently attached to the top of the cylinder.
(vi) On the footring permanently attached to the cylinder, provided
the water capacity of the cylinder does not exceed 30 pounds.
(2) Embossing the cylinder head or side wall is not permitted.
(o) Inspector's report. In addition to the information required by
Sec. 178.35, the inspector's report must indicate the type and amount
of radiography.
0
39. In Sec. 178.65, revise paragraph (f) to read as follows:
[[Page 85431]]
Sec. 178.65 Specification 39 non-reusable (non-refillable)
cylinders.
* * * * *
(f) Pressure testing. (1) Each cylinder must be proof pressure
tested as prescribed in CGA C-1 (IBR, see Sec. 171.7 of this
subchapter). The minimum test pressure must be maintained for the
specific timeframe and the testing equipment must be calibrated as
prescribed in CGA C-1. All testing equipment and pressure indicating
devices must be accurate within the parameters defined in CGA C-1.
(i) The leakage test must be conducted by submersion under water or
by some other method that will be equally sensitive.
(ii) If the cylinder leaks, evidences visible distortion or
evidences any other defect while under test, it must be rejected (see
paragraph (h) of this section).
(iii) If, due to failure of the test apparatus or operator error,
the test pressure cannot be maintained, the test may be repeated in
accordance with CGA, C-1 section 7.1.2.
(2) One cylinder taken from the beginning of each lot, and one from
each 1,000 or less successively produced within the lot thereafter,
must be hydrostatically tested to destruction. The testing equipment
must be calibrated as prescribed in CGA C-1. All testing equipment and
pressure indicating devices must be accurate within the parameters
defined in CGA C-1. The entire lot must be rejected (see paragraph (h)
of this section) if:
(i) A failure occurs at a gage pressure less than 2.0 times the
test pressure;
(ii) A failure initiates in a braze or a weld or the heat affected
zone thereof;
(iii) A failure is other than in the sidewall of a cylinder
longitudinal with its long axis; or
(iv) In a sphere, a failure occurs in any opening, reinforcement,
or at a point of attachment.
(3) A ``lot'' is defined as the quantity of cylinders successively
produced per production shift (not exceeding 10 hours) having identical
size, design, construction, material, heat treatment, finish, and
quality.
* * * * *
0
40. In Sec. 178.68:
0
a. Revise paragraphs (b), (e), (h), (j) introductory text, (j)(1), and
(k) through (m);
0
b. Redesignate paragraph (n) as paragraph (o); and
0
c. Add new paragraph (n).
The revisions and addition read as follows:
Sec. 178.68 Specification 4E welded aluminum cylinders.
* * * * *
(b) Authorized material. (1) The cylinder must be constructed of
aluminum of uniform quality. The following chemical analyses are
authorized:
Table 1 to Paragraph (b)(1)--Authorized Materials
------------------------------------------------------------------------
Chemical analysis--limits in
Designation percent 5154
------------------------------------------------------------------------
Iron plus silicon..................... 0.45 maximum.
Copper................................ 0.10 maximum.
Manganese............................. 0.10 maximum.
Magnesium............................. 3.10/3.90.
Chromium.............................. 0.15/0.35.
Zinc.................................. 0.20 maximum.
Titanium.............................. 0.20 maximum.
Others, each.......................... 0.05 maximum.
Others, total......................... 0.15 maximum.
Aluminum.............................. remainder.
------------------------------------------------------------------------
(2) The aluminum used in the construction of the cylinder must be
as specified in Table 1 to paragraph (b)(1) of this section. Analyses
must regularly be made only for the elements specifically mentioned in
the table. If, however, the presence of other elements is indicated in
the course of routine analysis, further analysis should be made to
determine conformance with the limits specified for other elements. The
cylinder manufacturer must maintain a record of intentionally added
alloying elements.
* * * * *
(e) Welding. The attachment to the tops and bottoms only of
cylinders by welding of neckrings, flanges, footrings, handles, bosses,
pads, and valve protection rings is authorized. However, such
attachments and the portion of the cylinder to which it is attached
must be made of weldable aluminum alloys.
* * * * *
(h) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
(1) Pressure test. All cylinders with a wall stress greater than
18,000 psig must be tested by water-jacket or direct expansion method
as prescribed in CGA C-1 (IBR, see Sec. 171.7 of this subchapter). The
testing equipment must be calibrated as prescribed in CGA C-1. All
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1.
(i) Each cylinder must be tested to a minimum of two (2) times
service pressure.
(ii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated in accordance with CGA
C-1, section 5.7.2.
(iii) Permanent volumetric expansion may not exceed 12 percent of
the total volumetric expansion at test pressure.
(2) Lot testing. (i) Cylinders with a wall stress of 18,000 psig or
less may be lot tested. At least one (1) cylinder randomly selected out
of each lot of 200 or less must be tested by the water-jacket or direct
expansion method as prescribed in CGA C-1. The testing equipment must
be calibrated as prescribed in CGA C-1. All testing equipment and
pressure indicating devices must be accurate within the parameters
defined in CGA C-1. If, due to failure of the test apparatus or
operator error, the test pressure cannot be maintained, the test may be
repeated in accordance with CGA C-1, section 5.7.2.
(ii) Each selected cylinder must be tested to a minimum of two (2)
times service pressure.
(iii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure.
(iv) Permanent volumetric expansion may not exceed 12 percent of
the total volumetric expansion at test pressure.
(3) Pressure testing. (i) For cylinders with a wall stress of
18,000 psig or less, the remaining cylinders of the lot must be
pressure tested by the proof pressure, water-jacket, or direct
expansion test method as defined in CGA C-1. The minimum test pressure
must be maintained for the specific timeframe and the testing equipment
must be calibrated as prescribed in CGA C-1. Further, all testing
equipment and pressure indicating devices must be accurate within the
parameters defined in CGA C-1.
(ii) Each cylinder must be tested to a minimum of two (2) times
service pressure and show no defect. If, due to failure of the test
apparatus or operator error, the test pressure cannot be maintained,
the test may be repeated in accordance with CGA C-1 5.7.2 or 7.1.2, as
appropriate. Determination of expansion properties is not required.
(4) Burst testing. One (1) finished cylinder selected at random out
of each lot of 1000 or less must be hydrostatically tested to four (4)
times
[[Page 85432]]
service pressure without bursting. Inability to meet this requirement
must result in rejection of the lot. All testing equipment and pressure
indicating devices must be accurate within the parameters defined in
CGA C-1.
* * * * *
(j) Mechanical test. A mechanical test must be conducted to
determine yield strength, tensile strength, elongation as a percentage,
and reduction of area of material as a percentage as follows:
(1) The test is required on two (2) specimens removed from one
cylinder or part thereof as illustrated in appendix A to this subpart
taken at random out of each lot of 200 or fewer.
* * * * *
(k) Acceptable results for mechanical tests. An acceptable result
of the mechanical test requires at least 7 percent and yield strength
not over 80 percent of tensile strength.
(l) Weld tests. Welds of the cylinder are required to pass the
following tests successfully:
(1) Reduced section tensile test. A specimen must be removed from
the cylinder used for the mechanical tests specified in paragraph (j)
of this section. The specimen must be taken from across the seam; edges
must be parallel for a distance of approximately 2 inches on either
side of the weld. The specimen must be fractured in tension. The actual
breaking stress must be a minimum of 30,000 psi. The apparent breaking
stress calculated on the minimum design wall thickness must be a
minimum of two (2) times the stress calculated under paragraph (f)(2)
of this section. If the specimen fails to meet the requirements, the
lot must be rejected except that specimens may be taken from two (2)
additional cylinders from the same lot as the previously tested
specimens. If either of the latter specimens fails to meet
requirements, the entire lot represented must be rejected.
(2) Guided bend test. A bend test specimen must be removed from the
cylinder used for the mechanical test specified in paragraph (j) of
this section. The specimen must be taken across the circumferential
seam, must be a minimum of 1\1/2\ inches wide, edges must be parallel
and rounded with a file, and back-up strip, if used, must be removed by
machining. The specimen must be tested as follows:
(i) Standard guided bend test. The specimen must be bent to refusal
in the guided bend test jig as illustrated in CGA C-3 (IBR, see Sec.
171.7 of this subchapter). The root of the weld (inside surface of the
cylinder) must be located away from the ram of the jig. The specimen
must not show a crack or other open defect exceeding \1/8\ inch in any
direction upon completion of the test. Should this specimen fail to
meet the requirements, one additional specimen must be taken from two
additional cylinders from the same lot and tested. If either of the
latter specimens fails to meet requirements, the entire lot represented
must be rejected.
(ii) Alternate guided bend test. This test may be used as an
alternate to the guided bend test. The test specimen must be in
conformance with The Aluminum Association's ``Welding Aluminum: Theory
and Practice, Fourth Edition, 2002'' (IBR, see Sec. 171.7 of this
subchapter). If the specimen fails to meet the requirements, one
additional specimen must be taken from two additional cylinders or
welded test plates from the same lot and tested. If any of these latter
two specimens fails to meet the requirements, the entire lot must be
rejected.
(m) Rejected cylinders. Repair of welded seams is authorized.
Acceptable cylinders must pass all prescribed tests.
(n) Markings. (1) Markings must be as required in Sec. 178.35 and
in addition must be stamped plainly and permanently in one of the
following locations on the cylinder:
(i) On the neck, neckring, valve boss, valve protection sleeve, or
similar part permanently attached to the top of the cylinder.
(ii) On the footring permanently attached to the cylinder, provided
the water capacity of the cylinder does not exceed 30 pounds.
(2) Embossing the cylinder head or side wall is not permitted.
* * * * *
0
41. In Sec. 178.70, revise paragraph (d) to read as follows:
Sec. 178.70 Approval of UN pressure receptacles.
* * * * *
(d) Modification of approved pressure receptacle design type.
Modification of an approved UN (ISO) pressure receptacle design type is
not authorized without the approval of the Associate Administrator.
However, modification of an approved UN (ISO) pressure receptacle
design type is authorized without an additional approval of the
Associate Administrator provided the design modification is covered
under the UN (ISO) standard for the design type. A manufacturer seeking
modification of an approved UN (ISO) pressure receptacle design type
may be required to submit design qualification test data to the
Associate Administrator before production. An audit may be required as
part of the process to modify an approval.
* * * * *
0
42. In Sec. 178.75, revise paragraphs (e)(3)(i) and (ii) and (f)(1) to
read as follows:
Sec. 178.75 Specifications for MEGCs.
* * * * *
(e) * * *
(3) * * *
(i) Two valves in series must be placed in an accessible position
on each discharge and filling pipe. One of the valves may be a backflow
prevention valve.
(ii) The filling and discharge devices may be equipped to a
manifold.
* * * * *
(f) * * *
(1) The size of the pressure relief devices: CGA S-1.1, excluding
paragraph 9.1.1, (IBR, see Sec. 171.7 of this subchapter) must be used
to determine the relief capacity of individual pressure receptacles.
* * * * *
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
43. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
44. In Sec. 180.203:
0
a. Revise the definition for ``Commercially free of corrosive
components;''
0
b. Remove the definitions ``Defect'' and ``Elastic expansion;''
0
c. Add definitions for ``Mobile unit'' and ``Over-pressurized'' in
alphabetical order;
0
d. Remove the definition of ``Permanent expansion;''
0
e. Revise the definition for ``Proof pressure test;'' and
0
f. Remove the definitions of ``Rejected cylinder,'' ``Test pressure,''
``Total expansion,'' ``Visual inspection,'' and ``Volumetric expansion
test.''
The additions and revisions read as follows:
Sec. 180.203 Definitions.
* * * * *
Commercially free of corrosive components means a hazardous
material having a moisture content less than 55 ppm and free of
components that will adversely react with the cylinder (e.g., chemical
stress corrosion).
* * * * *
Mobile unit means a vehicle specifically authorized under a RIN to
carry out requalification operations
[[Page 85433]]
identified under the RIN within specified geographic areas away from
the principle place of business. Mobile units must comply with the
requirements outlined in the approval issuance letter from the
Associate Administrator for Hazardous Materials Safety (see Sec.
107.805 of subchapter A of this chapter).
* * * * *
Over-pressurized means a condition in which the internal pressure
applied to a cylinder has reached or exceeded the yield point of the
cylinder.
* * * * *
Proof pressure test means a liquid-based pressure test by interior
pressurization without the determination of a cylinder's expansion.
* * * * *
0
45. In Sec. 180.205:
0
a. Revise paragraphs (c) introductory text and (d);
0
b. Add paragraphs (f)(5) and (6);
0
c. Revise paragraphs (g), (h)(3), and (i)(1)(viii);
0
d. Add paragraphs (i)(1)(ix) through (xi);
0
e. Revise paragraphs (i)(2) and (3); and
0
f. Add paragraph (j).
The revisions and additions read as follows:
Sec. 180.205 General requirements for requalification of
specification cylinders.
* * * * *
(c) Periodic requalification of cylinders. Each cylinder bearing a
DOT, CRC, BTC, or CTC specification marking must be requalified and
marked as specified in the requalification table in Sec. 180.209(a) or
requalified and marked by a facility registered by Transport Canada in
accordance with the Transport Canada TDG Regulations (IBR, see Sec.
171.7 of this subchapter). Each cylinder bearing both a TC
specification marking and also marked with a corresponding DOT
specification marking must be requalified and marked as specified in
the requalification table in Sec. 180.209(a) or requalified and marked
by a facility registered by Transport Canada in accordance with the
Transport Canada TDG Regulations. Each cylinder bearing a DOT special
permit (or exemption) number must be requalified and marked in
conformance with this section and the terms of the applicable special
permit (or exemption). Each cylinder bearing only a TC mark must be
requalified and marked as specified in the Transport Canada TDG
Regulations, except that registration with Transport Canada is not
required and cylinders must be marked with the requalifier's DOT issued
requalifier identification number. No cylinder may be filled with a
hazardous material and offered for transportation in commerce unless
that cylinder has been successfully requalified and marked in
accordance with this subpart. A cylinder may be requalified at any time
during or before the month and year that the requalification is due.
However, a cylinder filled before the requalification becomes due may
remain in service until it is emptied. A cylinder with a specified
service life may not be refilled and offered for transportation after
its authorized service life has expired.
* * * * *
(d) Conditions requiring test and inspection of cylinders. Without
regard to any other periodic requalification requirements, a cylinder
must be tested and inspected in accordance with this section prior to
further use if--
(1) The cylinder shows evidence of dents, corrosion, cracked or
abraded areas, leakage, or any other condition that might render it
unsafe for use in transportation;
(2) The cylinder has been in an accident and has been damaged to an
extent that may adversely affect its lading retention capability;
(3) The cylinder shows evidence of or is known to have thermal
damage, or have been over-heated;
(4) Except in association with an authorized repair, evidence of
removal of wall thickness via grinding, sanding or other means; or
(5) The Associate Administrator determines that the cylinder may be
in an unsafe condition.
* * * * *
(f) * * *
(5) Except in association with an authorized repair, removal of
wall thickness via grinding, sanding or other means is not permitted.
Removal of paint or loose material to prepare the cylinder for
inspection is permitted (e.g., shot blasting).
(6) Chasing of cylinder threads to clean them is permitted, but
removal of metal must not occur. Re-tapping of cylinder threads is not
permitted, except by the original manufacturer, as provided in Sec.
180.212.
* * * * *
(g) Pressure test. (1) Unless otherwise provided, each cylinder
required to be retested under this subpart must be retested by means
suitable for measuring the expansion of the cylinder under pressure.
Testing must be performed in accordance with CGA C-1 (except for
paragraph 5.3.2.2, if the required accuracy of the pressure indicating
device can be demonstrated by other recognized means such as
calibration certificates) (IBR, see Sec. 171.7 of this subchapter).
(2) The pressure indicating device and expansion indicating device
must meet the resolution requirements of CGA C-1. Midpoint visual
interpolation is allowed.
(3) Each day before retesting, the retester shall confirm, by using
a calibrated cylinder or other method authorized in writing by the
Associate Administrator, that:
(i) The 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. The pressure indicating
device, itself, must be certified as having an accuracy of 0.5%, or better, of its full range, and must permit readings of
pressure from 90%-110% of the minimum prescribed test pressure of the
cylinder to be tested. The accuracy of the pressure indicating device
within the test system can be demonstrated at any point within 500 psig
of the actual test pressure for test pressures at or above 3000 psig,
or 10% of the actual test pressure for test pressures below 3000 psig.
(ii) The expansion-indicating device, as part of the retest
apparatus, meets the accuracy requirements of CGA C-1.
(4) Test equipment must be verified each day before retesting as
required in CGA C-1.
(i) The retester must demonstrate calibration in conformance with
this paragraph (g) to an authorized inspector on any day that it
retests cylinders.
(ii) A retester must maintain calibrated cylinder certificates in
conformance with Sec. 180.215(b)(4).
(5) A system check may be performed at or below 90% of test
pressure prior to the retest. In the case of a malfunction of the test
equipment or operator error, the test may be repeated in accordance
with CGA C-1, section 5.7.1. This paragraph (g) does not authorize
retest of a cylinder otherwise required to be condemned under paragraph
(i) of this section.
(h) * * *
(3) Unless the cylinder is repaired or rebuilt in conformance with
requirements in Sec. 180.211, it may not be filled with a hazardous
material and offered for transportation where use of a specification
packaging is required.
* * * * *
(i) * * *
(1) * * *
(viii) For an aluminum or an aluminum-lined composite special
permit cylinder, the cylinder is known to have been or shows evidence
of having been overheated. Arc burns must be considered evidence of
overheating.
[[Page 85434]]
(ix) The cylinder is known to have been or shows evidence of having
been over-pressurized.
(x) For a cylinder with a specified service life, its authorized
service life has expired.
(xi) The cylinder has been stamped on the sidewall, except as
provided in part 178 of this subchapter.
(2) When a cylinder must be condemned, the requalifier must--
(i) Communicate condemnation of the cylinder as follows:
(A) Stamp a series of Xs over the DOT-specification number and the
marked pressure or stamp ``CONDEMNED'' on the shoulder, top head, or
neck using a steel stamp;
(B) For composite cylinders, securely affix to the cylinder a label
with the word ``CONDEMNED'' overcoated with epoxy near, but not
obscuring, the original cylinder manufacturer's label; or
(C) As an alternative to the stamping or labeling as described in
this paragraph (i)(2), at the direction of the owner, the requalifier
may render the cylinder incapable of holding pressure; and
(ii) Notify the cylinder owner, in writing, that the cylinder is
condemned and may not be filled with hazardous material and offered for
transportation in commerce where use of a specification packaging is
required.
(3) No person may remove, obliterate, or alter the required
condemnation communication of paragraph (i)(2) of this section.
(j) Training materials. Training materials may be used for training
persons who requalify cylinders using the volumetric expansion test
method.
0
46. In Sec. 180.207, revise paragraphs (a)(3), (b)(2), (c)
introductory text, (d) introductory text, and (d)(1) to read as
follows:
Sec. 180.207 Requirements for requalification of UN pressure
receptacles.
(a) * * *
(3) A pressure receptacle with a specified service life may not be
requalified after its authorized service life has expired. A pressure
receptacle with a specified service life may not be refilled and
offered for transportation after its authorized service life has
expired unless approval has been obtained in writing from the Associate
Administrator.
(b) * * *
(2) Each pressure receptacle that fails requalification must be
rejected or condemned in accordance with the applicable ISO
requalification standard.
* * * * *
(c) Requalification interval. Each UN pressure receptacle that
becomes due for periodic requalification must be requalified at the
interval specified in the following table before it is filled:
* * * * *
(d) Requalification procedures. Each UN pressure receptacle must be
requalified in conformance with the procedures contained in the
following standards, as applicable. Furthermore, when a pressure test
is performed on a UN pressure receptacle, the test must be a water
jacket volumetric expansion test suitable for the determination of the
cylinder expansion or a hydraulic proof pressure test. The test
equipment must conform to the accuracy requirements in Sec.
180.205(g). Alternative methods (e.g., acoustic emission) or
requalification procedures may be performed if prior approval has been
obtained in writing from the Associate Administrator.
(1) Seamless steel: Each seamless steel UN pressure receptacle,
including pressure receptacles exceeding 150 L capacity installed in
MEGCs or in other service, must be requalified in accordance with ISO
6406:2005(E) (IBR, see Sec. 171.7 of this subchapter). However, UN
cylinders with a tensile strength greater than or equal to 950 MPa must
be requalified by ultrasonic examination in accordance with ISO
6406:2005(E). For seamless steel cylinders and tubes, the internal
inspection and hydraulic pressure test may be replaced by a procedure
conforming to ISO 16148:2016(E) (IBR, see Sec. 171.1).
* * * * *
0
47. In Sec. 180.209:
0
a. Remove and reserve paragraph (b)(1)(iii); and
0
b. Revise paragraphs (c), (e), (g), (j), and (l)(1).
The revisions read as follows:
Sec. 180.209 Requirements for requalification of specification
cylinders.
* * * * *
(c) DOT 4-series cylinders. A DOT 4-series cylinder, except a 4L
cylinder, that at any time shows evidence of a leak, internal or
external corrosion, denting, bulging or rough usage to the extent that
it is likely to be weakened appreciably, or that has lost 5 percent or
more of its official tare weight must be requalified before being
refilled and offered for transportation. (Refer to CGA C-6 or C-6.3
(IBR, see Sec. 171.7 of this subchapter), as applicable, regarding
cylinder weakening.) After testing, the actual tare weight must be
recorded as the new tare weight on the test report and marked on the
cylinder. The previous tare weight must be strike-lined through, but
not obliterated.
* * * * *
(e) Cylinders in non-corrosive gas service. A cylinder made in
conformance with DOT Specifications 4B, 4BA, 4BW, or 4E protected
externally by a suitable corrosion-resistant coating and used
exclusively for non-corrosive gas that is commercially free from
corroding components may be requalified by volumetric expansion testing
every 12 years instead of every 5 years. As an alternative, the
cylinder may be subjected to a proof pressure test at least two times
the marked service pressure, but this latter type of test must be
repeated every 10 years after expiration of the initial 12-year period.
When subjected to a proof pressure test, as prescribed in CGA C-1 (IBR,
see Sec. 171.7 of this subchapter), the cylinder must be carefully
examined under test pressure and removed from service if a leak or
defect is found.
* * * * *
(g) Visual inspections. A cylinder conforming to a specification
listed in the table in this paragraph (g) and used exclusively in the
service indicated may, instead of a periodic hydrostatic test, be given
a complete external visual inspection at the time periodic
requalification becomes due. External visual inspection must be in
conformance with CGA C-6 or C-6.3, as applicable. When this inspection
is used instead of hydrostatic testing, subsequent inspections are
required at five-year intervals after the first inspection. Inspections
must be made only by persons holding a current RIN and the results
recorded and maintained in conformance with Sec. 180.215. Records must
include: Date of inspection (month and year); DOT-specification number;
cylinder identification (registered symbol and serial number, date of
manufacture, and owner); type of cylinder protective coating (including
statement as to need of refinishing or recoating); conditions checked
(e.g., leakage, corrosion, gouges, dents or digs in shell or heads,
broken or damaged footring or protective ring or fire damage); and
disposition of cylinder (returned to service, returned to cylinder
manufacturer for repairs or condemned). A cylinder passing
requalification by the external visual inspection must be marked in
conformance with Sec. 180.213. Specification cylinders must be in
exclusive service as shown in table 2 to this paragraph (g):
[[Page 85435]]
Table 2 to Paragraph (g)
----------------------------------------------------------------------------------------------------------------
Cylinders conforming to-- Used exclusively for--
----------------------------------------------------------------------------------------------------------------
DOT 3A, DOT 3AA, DOT 3A480X, DOT 4AA480................ Anhydrous ammonia of at least 99.95% purity.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B, DOT 4B, DOT 4BA, Butadiene, inhibited, that is commercially free from
DOT 4BW. corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B. DOT 4AA480, DOT Cyclopropane that is commercially free from corroding
4B, DOT 4BA, DOT 4BW. components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 4B, DOT 4BA, DOT 4BW, Chlorinated hydrocarbons and mixtures thereof that are
DOT 4E. commercially free from corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 4B, DOT 4BA, DOT 4BW, Fluorinated hydrocarbons and mixtures thereof that are
DOT 4E. commercially free from corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B, DOT 4B, DOT 4BA, Liquefied hydrocarbon gas that is commercially free of
DOT 4BW, DOT 4E. corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B, DOT 4B, DOT 4BA, Liquefied petroleum gas that meets the detail
DOT 4BW, DOT 4E. requirements limits in Table 1 of ASTM 1835, Standard
Specification for Liquefied Petroleum (LP) Gases
(incorporated by reference; see Sec. 171.7 of this
subchapter) or an equivalent standard containing the
same limits.
DOT 3A, DOT 3AA, DOT 3B, DOT 4B, DOT 4BA, DOT 4BW, DOT Methylacetylene-propadiene, stabilized, that is
4E. commercially free from corroding components.
DOT 3A, DOT 3AA, DOT 3B, DOT 4B, DOT 4BA, DOT 4BW, DOT Propylene that is commercially free from corroding
4E. components.
DOT 3A, DOT 3AA, DOT 3B, DOT 4B, DOT 4BA, DOT 4BW...... Anhydrous mono, di, trimethylamines that are
commercially free from corroding components.
DOT 4B240, DOT 4BW240.................................. Ethyleneimine, stabilized.
DOT 4BW................................................ Alkali metal alloys, liquid, n.o.s., Alkali metal
dispersions or Alkaline earth metal dispersions,
Potassium, Potassium Sodium alloys and Sodium that are
commercially free of corroding components.
----------------------------------------------------------------------------------------------------------------
* * * * *
(j) Cylinder used as a fire extinguisher. Only a DOT-specification
cylinder used as a fire extinguisher in conformance with Sec.
173.309(a) of this subchapter may be requalified in conformance with
this paragraph (j). The testing procedures, calibration of the testing
equipment, accuracy of the pressure indicating device, accuracy of the
testing equipment must be as prescribed in CGA C-1.
(1) A DOT 4B, 4BA, 4B240ET or 4BW cylinder used as a fire
extinguisher may be tested as follows:
(i) For a cylinder with a water capacity of 5.44 kg (12 pounds) or
less, by the water-jacket, direct expansion or proof pressure test
methods as prescribed in CGA C-1. A requalification must be performed
by the end of 12 years after the original test date and at 12-year
intervals thereafter.
(A) Each cylinder must be tested to a minimum of two (2) times
service pressure.
(B) When testing using the water-jacket or direct expansion test
method, the permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
(C) When testing using the proof pressure test method, the cylinder
must be carefully examined under test pressure and removed from service
if a leak or defect is found.
(ii) For a cylinder having a water capacity over 5.44 kg (12
pounds), by the water-jacket, direct expansion or proof pressure test
methods as prescribed in CGA C-1. For the water-jacket or direct
expansion test, the requalification must be performed by the end of 12
years after the original test date and at 12-year intervals theafter.
For the proof-pressure test, a requalification must be performed by the
end of 12 years after the original test date and at seven (7) year
intervals.
(A) Each cylinder must be tested to a minimum of two (2) times
service pressure.
(B) When testing using the water-jacket or direct expansion test
method, the permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
(C) When testing using the proof pressure test method, the cylinder
must be carefully examined under test pressure and removed from service
if a leak or defect is found.
(2) A DOT 3A, 3AA, or 3AL cylinder must be requalified by:
(i) The water-jacket or direct expansion method. A requalification
must be performed 12 years after the original test date and at 12-year
intervals thereafter.
(ii) Each cylinder must be tested to a minimum of \5/3\ times
service pressure.
(iii) When testing using the water-jacket or direct expansion test
method, the permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
* * * * *
(l) * * *
(1) It has been inspected, tested and marked in conformance with
the procedures and requirements of this subpart or the Associate
Administrator has authorized the filling company to fill foreign
cylinders under an alternative method of qualification; and
* * * * *
0
48. In Sec. 180.212, add paragraph (a)(3) to read as follows:
Sec. 180.212 Repair of seamless DOT 3-series specification cylinders
and seamless UN pressure receptacles.
(a) * * *
(3) If grinding is performed on a DOT 3-series cylinder or a
seamless UN pressure receptacle, the following conditions apply after
grinding has been completed. Grinding must not be used to remove arc
burns from a cylinder, as such a cylinder must be condemned:
(i) Ultrasonic examination must be conducted to ensure that the
wall thickness is not less than the minimum design requirement. The
wall thickness must be measured in at least 3 different areas for every
10 square inches of grinding area.
(ii) The cylinder must be requalified in conformance with Sec.
180.205.
(iii) The cylinder must be marked in accordance with Sec.
180.213(f)(10) to indicate compliance with this paragraph (a)(3).
* * * * *
0
49. In Sec. 180.213, revise paragraphs (c) and (d)(2) and add
paragraphs (f)(10) and (11) and (g) to read as follows:
Sec. 180.213 Requalification markings.
* * * * *
(c) Requalification marking method. The depth of requalification
markings may not be greater than specified in the
[[Page 85436]]
applicable specification. The markings must be made by stamping,
engraving, scribing or applying a label embedded in epoxy that will
remain legible and durable throughout the life of the cylinder, or by
other methods that produce a legible, durable mark.
(1) A cylinder used as a fire extinguisher (see Sec. 180.209(j))
may be marked by using a pressure sensitive label.
(2) For a DOT 3HT cylinder, when stamped, the test date and RIN
must be applied by low-stress steel stamps to a depth no greater than
that prescribed at the time of manufacture. Stamping on the sidewall is
not authorized.
(3) For a composite cylinder, the requalification markings must be
applied on a pressure sensitive label, securely affixed and overcoated
with epoxy in a manner prescribed by the cylinder manufacturer, near
the original manufacturer's label. Stamping of the composite surface is
not authorized.
(d) * * *
(2) A cylinder subject to the requirements of Sec. 171.23(a)(5) of
this subchapter must be marked with the date and RIN in accordance with
this paragraph (d) and paragraph (f)(11) of this section, or marked in
accordance with the requalification authorized by the Associate
Administrator in accordance with Sec. 171.23(a)(5)(i) of this
subchapter.
* * * * *
(f) * * *
(10) For designation of grinding with ultrasonic wall thickness
examination, the marking is as illustrated in paragraph (d) of this
section, except the ``X'' is replaced with the letter ``R''.
(11) For designation of requalification of a foreign cylinder
requalified in conformance with Sec. Sec. 171.23(a)(5) of this
subchapter and 180.209(l), the marking is as illustrated in paragraph
(d) of this section, except that the ``X'' is replaced with the letters
``EX'' to indicate that the cylinder is for export only.
(g) Visual inspection requalification markings. (1) Alternative to
the marking requirements of paragraphs (d) and (f)(5) of this section,
each cylinder successfully passing a visual inspection only, in
accordance with Sec. 180.209(g), may be marked with the visual
inspection number (e.g., V123456) issued to a person performing visual
inspections. Examples of the way the markings may be applied are as
follows:
[GRAPHIC] [TIFF OMITTED] TR28DE20.498
(2) Where:
(i) ``03'' is the month of requalification (the additional numeral
``0'' is optional'');
(ii) ``V123456'' is the RIN;
(iii) ``14'' is the year of requalification; and
(iv) ``E'' to indicate visual inspection.
0
50. In Sec. 180.215, revise paragraphs (a)(6), (b), and (c)(2)(vii)
and add paragraph (c)(3) to read as follows:
Sec. 180.215 Reporting and record retention requirements.
(a) * * *
(6) The information contained in each applicable CGA or ASTM
standard incorporated by reference in Sec. 171.7 of this subchapter
applicable to the requalifier's activities.
(b) Requalification records. Daily records of visual inspection,
pressure test, eddy current examination if required, and ultrasonic
examination if permitted under a special permit, as applicable, must be
maintained by the person who performs the requalification until either
the expiration of the requalification period or until the cylinder is
again requalified, whichever occurs first. A single date may be used
for each test sheet, provided each test on the sheet was conducted on
that date. Ditto marks or a solid vertical line may be used to indicate
repetition of the preceding entry for the following entries only: Date;
actual dimensions; manufacturer's name or symbol, if present; owner's
name or symbol, if present; and test operator. Blank spaces may not be
used to indicate repetition of a prior entry. A symbol may be used for
the actual dimensions if there is a reference chart available at the
facility that lists the actual dimensions of every symbol used. The
records must include the following information:
(1) Calibration test records. For each test to demonstrate
calibration, the date; serial number of the calibrated cylinder;
calibration test pressure; total, elastic and permanent expansions; and
legible identification of test operator. The test operator must be able
to demonstrate that the results of the daily calibration verification
correspond to the hydrostatic tests performed on that day. The daily
verification of calibration(s) may be recorded on the same sheets as,
and with, test records for that date, or may be recorded on a separate
sheet.
(2) Pressure test and visual inspection records. The date of
requalification; serial number; DOT-specification or special permit
number; marked pressure; actual dimensions; manufacturer's name or
symbol, if present; year of manufacture; owner's name or symbol, if
present; gas service; result of visual inspection; actual test
pressure; total, elastic and permanent expansions; percent permanent
expansion; disposition, with reason for any repeated test, rejection or
condemnation; and legible identification of test operator. For each
cylinder marked pursuant to Sec. 173.302a(b)(5) of this subchapter,
the test sheet must indicate the method by which any average or maximum
wall stress was computed. Records must be kept for all completed, as
well as unsuccessful tests. The entry for a repeated test must indicate
the date of the earlier test, if conducted on a different day.
(3) Wall stress. Calculations of average and maximum wall stress
pursuant to Sec. 173.302a(b)(3) of this subchapter, if performed.
(4) Calibration certificates. The most recent certificate of
calibration must be maintained for each calibrated cylinder, pressure
indicating device, and expansion indicating device.
(c) * * *
[[Page 85437]]
(2) * * *
(vii) Results of a test on a cylinder, including test method, test
pressure, total expansion, permanent expansion, elastic expansion,
percent permanent expansion (permanent expansion may not exceed ten
percent (10 percent) of total expansion), and volumetric capacity
(volumetric capacity of a rebuilt cylinder must be within 3
percent of the calculated capacity);
* * * * *
(3) A record of grinding and ultrasonic examination in conformance
with Sec. 180.212(a)(3) must be completed for each cylinder on which
grinding is performed. The record must be clear, legible, and contain
the following information:
(i) Name and address of the test facility, date of test report, and
name or original manufacturer;
(ii) Marks stamped on cylinder to include specification number,
service pressure, serial number, symbol of manufacturer, and date of
manufacture;
(iii) Cylinder outside diameter and length in inches;
(iv) Detailed map of where the grinding was performed on the
cylinder; and
(v) Wall thickness measurements in grind area in conformance with
Sec. 180.212(a)(3)(i).
Issued in Washington, DC, on November 23, 2020, under authority
delegated in 49 CFR part 1.97.
Drue Pearce,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2020-26264 Filed 12-23-20; 8:45 am]
BILLING CODE 4910-60-P
