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Monday,

June 12, 2006

Part III

Department of
Transportation
Pipeline and Hazardous Materials Safety
Administration

49 CFR Parts 107, 171, et al.


Hazardous Materials: Requirements for
UN Cylinders; Final Rule
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33858 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Hazardous Materials Standards, Since 1999, the UN Sub-Committee of


Pipeline and Hazardous Materials Safety Experts has been working to develop
Pipeline and Hazardous Materials Administration, U.S. Department of international standards for the design,
Safety Administration Transportation, 400 Seventh Street, construction, inspection, and testing of
SW., Washington, DC 20590–0001. cylinders and other pressure receptacles
49 CFR Parts 107, 171, 172, 173, 178, SUPPLEMENTARY INFORMATION: for inclusion in the UN Model
and 180 Regulations. Their objective was to
[Docket No. PHMSA–2005–17463 (HM–
List of Topics develop cylinder standards that are
220E)] I. Background globally accepted for international
II. Overview of Changes in This Final Rule transportation, storage, and use.
RIN 2137–AD91 III. Summary of Comments Representatives from the European
A. Approval of Independent Inspection Industrial Gases Association, the
Hazardous Materials: Requirements for Agencies (IIAs; Notified Bodies) and Compressed Gas Association, the
UN Cylinders Certification of UN Pressure Receptacles
European Cylinder Makers Association,
B. Approval of UN Pressure Receptacle
AGENCY: Pipeline and Hazardous Manufacturers the International Standards
Materials Safety Administration IV. Summary of Regulatory Changes by Organization Technical Committee 58
(PHMSA), DOT. Section (ISO/TC 58), and cylinder experts from
ACTION: Final rule. V. Rulemaking Analyses and Notices DOT, participated in the UN Sub-
A. Statutory/Legal Authority for This Committee of Experts’ efforts.
SUMMARY: In this final rule, PHMSA is Rulemaking The standards developed for cylinders
amending the Hazardous Materials B. Executive Order 12866 and DOT and other gas receptacles address
Regulatory Policies and Procedures manufacture, approval, filling, and use.
Regulations (HMR) to adopt standards C. Executive Order 13132
for the design, construction, D. Executive Order 13175
The cylinders and other gas receptacles
maintenance and use of cylinders and E. Regulatory Flexibility Act and Executive must be in compliance with ISO
multiple-element gas containers based Order 13272 standards for design, manufacture, and
on the standards contained in the F. Paperwork Reduction Act testing; constructed of materials that are
United Nations Recommendations on G. Unfunded Mandates Reform Act of 1995 compatible with the gas to be contained
the Transport of Dangerous Goods. H. Regulation Identifier Number (RIN) in the cylinder, as established in ISO
I. Environmental Assessment standards; and periodically requalified
Aligning the HMR with the
J. Privacy Act according to ISO standards. The
international standards promotes greater
flexibility, permits the use of advanced standards were adopted by the UN Sub-
I. Background
technology for the manufacture of Committee of Experts and are included
pressure receptacles, provides for a The United Nations in the 13th revised edition of the UN
broader selection of pressure Recommendations on the Transport of Model Regulations. Cylinders
receptacles, reduces the need for special Dangerous Goods (UN Model manufactured in accordance with these
permits, and facilitates international Regulations) establish international requirements are marked with the
commerce in the transportation of standards for the safe transportation of internationally recognized UN mark,
compressed gases without sacrificing hazardous materials. The UN Model which is an indication that the cylinders
the current level of safety and without Regulations are not regulations, but meet the applicable standards.
imposing undue burdens on the rather recommendations issued by the The continually increasing amount of
regulated community. UN Sub-Committee of Experts on the hazardous materials transported in
Transport of Dangerous Goods (UN Sub- international commerce warrants the
DATES: Effective Date: This final rule is
Committee of Experts). These harmonization of domestic and
effective on September 11, 2006. recommendations are amended and international requirements to the
Voluntary Compliance Date:
updated biennially by the UN Sub- greatest extent possible. Harmonization
Compliance with the requirements Committee of Experts. The UN Model serves to facilitate international
adopted herein is authorized as of June Regulations serve as the basis for transportation and at the same time
12, 2006. However, persons voluntarily national, regional, and international ensures the safety of people, property
complying with these regulations modal regulations, including the and the environment. While the intent
should be aware that appeals may be International Maritime Dangerous of harmonization is to align the HMR
received and as a result of PHMSA’s Goods (IMDG) Code issued by the with international standards, we review
evaluation of these appeals, the International Maritime Organization, and consider each amendment on its
amendments adopted in this final rule and the International Civil Aviation own merit. Each amendment is
could be subject to further revision. Organization’s Technical Instructions considered on the basis of the overall
Incorporation by Reference Date: The for the Safe Transport of Dangerous impact on transportation safety and the
incorporation by reference of Goods by Air (ICAO Technical economic implications associated with
publications listed in this final rule has Instructions) issued by ICAO. The HMR its adoption into the HMR. Our goal is
been approved by the Director of the authorize domestic transportation of to harmonize without sacrificing the
Federal Register as of September 11, hazardous materials shipments prepared current level of safety and without
2006. in accordance with the IMDG Code if all imposing undue burdens on the
FOR FURTHER INFORMATION CONTACT: or part of the transportation is by vessel, regulated community.
Duane Pfund, telephone number (202) subject to certain conditions and On March 9, 2005, the Pipeline and
366–0656, Assistant International limitations, and the transportation of Hazardous Materials Safety
Standards Coordinator; Mark Toughiry, hazardous materials shipments prepared Administration (PHMSA, we) published
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telephone number (202) 366–4545, in accordance with the ICAO Technical a notice of proposed rulemaking
Office of Hazardous Materials Instructions for transportation by (NPRM) (70 FR 11768) proposing to
Technology; or Kevin Leary and aircraft and by motor vehicle either adopt into the HMR the UN standards
Cameron Satterthwaite, telephone before or after being transported by for cylinders (pressure receptacles
number (202) 366–8553, Office of aircraft. limited to a water capacity of 150 L),

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tubes (pressure receptacles with a water authorized) and fitted with suitable inspection agencies, UN pressure
capacity exceeding 150 L and not more fusible plugs; receptacles, and manufacturers of UN
than 3,000 L capacity), cylinder bundles • Design, construction and testing of pressure receptacles. These comments
(cylinders held together in a frame and MEGCs; are discussed below.
manifolded together with up to a total • Requalification of UN pressure
receptacles, including pressure A. Approval of Independent Inspection
water capacity of 3,000 L or 1,000 L for
receptacles installed as components of Agencies (IIAs; Notified Bodies) and
toxic gases), and multiple element gas
MEGCs; Certification of UN Pressure Receptacles
containers or MEGCs (assemblies of UN
cylinders, tubes or bundles of cylinders • A quality conformity assessment Current approval procedures: Current
interconnected by a manifold and system for UN pressure receptacles § 107.803 contains procedures and
assembled within a framework). Our based on section 6.2.2.5 of the UN application criteria for a person seeking
proposal did not remove existing Model Regulations; approval as an IIA to perform
requirements for DOT specification • A 10-year requalification interval inspections, verifications, and
cylinders; rather, we proposed to for UN pressure receptacles, except for certifications of DOT specification
incorporate the UN standards so that a acetylene and composite cylinders and cylinders as prescribed in 49 CFR parts
shipper may use either a DOT pressure receptacles used for certain 178 and 180 and special permit
specification cylinder or a UN standard specifically named gases; and cylinders. These requirements apply to
• Compliance with the UN pressure
pressure receptacle, as appropriate, for DOT specification and special permit
receptacle filling densities prescribed in
individual gases and circumstances. The cylinders manufactured within or
P200 of the UN Model Regulations and
goal of this rulemaking is to promote outside the United States. An IIA
as prescribed in § 173.302b or
greater flexibility and permit the use of applicant is required to submit the
§ 173.304b of this final rule.
advanced technology for the following information: A detailed
manufacture of pressure receptacles, to III. Summary of Comments description of the testing facilities; a
provide for a broader selection of PHMSA received eighteen comments description of the applicant’s
pressure receptacles, to reduce the need in response to the March 9, 2005 NPRM qualifications to perform the inspections
for special permits, and to facilitate from gas distributors, trade associations, and verifications prescribed in part 178;
international commerce in the cylinder manufacturers, an independent ownership information; the name of
transportation of compressed gases inspection agency, and a consultant. each individual responsible for
without sacrificing the current level of The following companies, organizations certifying the inspection and test
safety and without imposing undue and individuals submitted comments: results; and a statement that the
burden on the regulated community. Air Liquide Canada Inc. (Air Liquide applicant will perform the prescribed
DOT technical experts participated in Canada; RSPA–2004–17463–20), Air functions independent of the cylinder
evaluating the ISO standards and the Products and Chemicals (Air Products; manufacturers and owners.
requirements of the UN Model RPSA–2004–17463–9), Arrowhead Under the current procedures for
Regulations applicable to pressure Industrial Services, Inc. (Arrowhead; approval of foreign cylinder
receptacles. Based on this evaluation, RSPA–2004–17463–12), Baker Petrolite manufacturers and IIAs, a cylinder
we believe the amendments adopted in Corporation (Baker; RSPA–2004–17463– manufacturer located outside the United
this final rule will provide an equivalent 23), Barlen and Associates Inc. (Barlen; States must be approved by the
level of safety to that achieved under the RSPA–2004–17463–16, RSPA–2004– Associate Administrator under
HMR. 17463–17), Carleton Aerosystems, Inc § 107.807, and must employ an IIA
II. Overview of Changes in This Final (Carleton; RSPA–2004–17463–19), approved under § 107.803, before any
Rule Compressed Gas Association (CGA; cylinders may be manufactured,
RSPA–2004–17463–13), Lincoln inspected, certified, and marked to a
This final rule amends the HMR to DOT specification or DOT special
authorize: Composites Inc. (Lincoln Composite;
RSPA–2004–17463–4), Luxfer Gas permit. An applicant under these
• Design, construction and testing of
Cylinders (Luxfer; RSPA–2004–17463– sections may be a person or a
refillable seamless aluminum alloy
14, RSPA–2004–17463–15), Matheson corporation.
cylinders conforming to ISO 7866;
• Design, construction and testing of Tri-Gas (Matheson; RSPA–2004–17463– Prior to scheduling an approval
refillable seamless steel cylinders 8), National Propane Gas Association inspection, the manufacturer and the
conforming to ISO 9809–1, ISO 9809–2, (NPGA; RSPA–2004–17463–22), Norris IIA must each submit an application for
and ISO 9809–3; Cylinder Company (Norris; RPSA– approval and must jointly or separately
• Design, construction and testing of 2004–17463–10), Praxair, Inc. (Praxair; prepare a quality control manual, which
non-refillable metallic cylinders RSPA–2004–17463–21), Public Utilities demonstrates production and inspection
conforming to ISO 11118; Commission of Ohio (PUCO; RSPA– procedures based on the relevant
• Design, construction and testing of 2004–17463–7), Taylor-Wharton Harsco cylinder specification in 49 CFR part
composite cylinders conforming to ISO (Taylor-Wharton; RSPA–2004–17463–6) 178 and relates those procedures to the
11119–1, 11119–2 and 11119–3, with and TLCCI Inc. (TLCCI; RSPA–2004– specification for which approval is
certain limitations; 17463–11). sought. The manufacturer must produce
• Design, construction and testing of Commenters were supportive of a prototype lot of cylinders. The IIA
refillable seamless steel tubes with a PHMSA’s efforts to harmonize the HMR applicant must conduct a preliminary
water capacity between 150 L and 3,000 with the international cylinder audit with design qualification testing to
L conforming to ISO 11120; standards. Most of the proposals in the certify the design for the prototype
• Design, construction and testing of NPRM received little or no comment. cylinders meets the applicable DOT
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UN acetylene cylinders conforming to Several comments were beyond the specification or special permit. The IIA
applicable ISO standards, except the scope of the rulemaking and are not applicant prepares documentation
cylinders must be refillable, made of addressed in this final rule. The indicating a current audit was
seamless steel, filled with a suitable majority of the comments relate to the performed with certified test results
quantity of solvent (solvent-free not approval process for independent showing the prototype cylinders comply

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33860 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

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

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consideration, we believe requiring an of approved IIAs is available from the quality management system to fully
applicant to submit written evidence of Associate Administrator (PHH–32) and conform to the prescribed requirements.
the foreign Competent Authority’s may be viewed on the Internet by In the NPRM, we proposed to require
reciprocal agreement should not be the accessing http://www.phmsa.dot.gov. the Associate Administrator to approve
applicant’s responsibility. Instead, we However, the establishment of a registry
all modifications to an approved quality
are adding § 107.809 to contain of internationally recognized bodies will
management system. CGA and Taylor-
conditions for approval of UN pressure not obviate the need for the ‘‘USA’’
receptacle manufacturers. As adopted in marking. The ‘‘USA’’ marking is a Wharton recommend a revision of the
this rule § 107.809 specifies failure of a certification that the UN pressure regulatory language to read: ‘‘The
competent authority to recognize receptacle conforms in all respects to manufacturer shall notify the Associate
qualified IIAs domiciled in the United the applicable part 178 requirements. Administrator of any intended changes
States as a possible basis for the to the approved quality system prior to
B. Approval of UN Pressure Receptacle making the change.’’ Lincoln Composite
disapproval of an application. If the
Manufacturers objects to the need to obtain an approval
United States recognizes Notified
Bodies designated by the Competent In the NPRM, we proposed to require for all quality system changes and
Authority of another country, equal each manufacturer to have in place a recommends requiring an approval only
treatment should be expected from the documented quality system for the when the quality system change reduces
Competent Authority of the foreign manufacture of UN pressure receptacles. the number, type, or frequency of
country relative to IIAs domiciled in the The manufacturer’s quality system inspections for a specific design type.
United States. involves detailed documentation related Lincoln Composite further suggests we
Over the last five years, we have made to the types of UN pressure receptacles delegate to the production IIA the
efforts to work with the EC to attain to be produced, and written polices,
authority to determine what quality
mutual recognition of U.S. IIAs under procedures and instructions. The
system changes require approval. We
the TPED. Our efforts to obtain mutual documentation must include: (1)
Adequate descriptions of the disagree with the commenters as their
recognition of U.S. based companies
organizational structure; (2) suggestions would allow a manufacturer
have not been successful because it is
the position of the EC that only Member responsibilities of personnel with regard to modify the approved quality system
States may approve bodies under their to design and product quality; (3) the without approval from the Associate
own jurisdiction. Only one U.S.-based design control and verification Administrator. Based on experience
IIA has been recognized within the EC techniques; (4) cylinder manufacturing, gained through interaction with
because of a provision in the TPED quality control, quality assurance and manufacturers seeking modifications to
requiring a notified body to be operating instructions; (5) quality approved quality systems, we may
‘‘established within the Community’’. records, such as inspection reports, test consider revising this language at a later
The EC has interpreted this provision to data, and calibration data; (6) the date if we find these requests pertain to
mean a notified body must have an process for control of documents and matters that will not substantially affect
established legal entity (place of their revision; (7) means for control of the overall process.
business) within an EC member state. non-conforming gas cylinders, Arrowhead and Barlen ask PHMSA to
As an alternative, we suggested to the purchased components, in-process and
specifically exclude section 5.1 of ISO
EC our willingness to work toward final materials; and (8) the training of
relevant personnel. The manufacturer’s Technical Report 14600 from
developing a mutual recognition
quality system will be audited by incorporation in the final rule. They
agreement (MRA). In its response, the
EC stated its reluctance to initiate new PHMSA during the final review of the state the language in this section
MRA negotiations. Instead, the EC initial design type approval. authorizes a manufacturer to self-certify
suggested we pursue this matter with its Lincoln Composite expresses concern high pressure cylinders. We did not
U.S. counterpart, the U.S. Trade regarding the potential complexity of propose to incorporate ISO Technical
Representative. Our efforts to obtain compliance and enforcement of the Report 14600 by reference in the NPRM
recognition by the TPED for U.S. manufacturer’s quality system due to and are not adopting it in this final rule.
companies to perform conformity the lack of formalized assessment In § 178.71, we are adopting a
assessment and inspection activities for criteria in the NPRM. Lincoln conformity assessment system
UN pressure receptacles are on-going. Composite requests we recognize consistent with the system described in
Air Products and CGA request manufacturers with a quality control section 6.2.2.5 of the UN Model
PHMSA work with the UN to create a system certified to existing international Regulations. The conformity assessment
registry of internationally recognized quality control standards such as ISO system requirements in the UN Model
bodies and the criteria for being listed 9000 as meeting the intent of § 178.69. Regulations were adopted on the basis
in that registry. They further request the CGA and Taylor-Wharton also of the requirements in ISO Technical
registry be published and maintained so recommend we acknowledge a Report 14600. The procedures
regional approvals, such as the manufacturer’s systems approved by a
prescribed in § 178.71 of the final rule
European Pi mark or our ‘‘USA’’ competent authority and in
require an IIA, and not a company
markings, are not necessary. As stated conformance with internationally
recognized quality systems such as the employee, to perform cylinder
earlier, the United States will work with
ISO 9000 series. The requirements for a certifications.
the EC and other government bodies to
establish mutual recognition of manufacturer’s quality system, as IV. Summary of Regulatory Changes by
independent inspection bodies. We will specified in this final rule, conform to Section
continue to maintain a list of IIAs those contained in the UN Model
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approved by the Associate Regulations. These requirements are The following is a section-by-section
Administrator to perform inspections based on the fundamentals of the ISO summary of the changes adopted in this
and verifications of cylinder 9000 series. Therefore, companies final rule and, where applicable, a
manufacture, repair and modification as operating in conformance with the ISO discussion of comments received.
prescribed in parts 178 and 180. The list 9000 series should be able to adapt their

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33862 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

Part 107 Air Products requests we update the pressure receptacle,’’ ‘‘UN tube,’’ and
reference to CGA S–1.1, ‘‘Pressure Relief ‘‘working pressure.’’
Section 107.801
Standards’’ from the 2001 edition to the In the NPRM, we proposed to define
This section lists persons who are more recent 2003 edition. We agree the ‘‘working pressure’’ to mean the ‘‘settled
required to obtain approvals to inspect, more recent 2003 edition of CGA S–1.1 pressure’’ of a compressed gas at a
requalify, test, or certify cylinders. In should be referenced for UN pressure reference temperature of 15 °C (59 °F).
the NPRM, we proposed to expand the receptacles. In addition, we are Praxair notes the term ‘‘settled
scope of the functions performed by continuing to exclude the requirements pressure’’ is not defined in the
IIAs and cylinder requalifiers to include in 9.1.1.1 from mandatory compliance. regulations, but is used to define the
UN pressure receptacles. We are Section 171.7 continues to reference the term ‘‘working pressure,’’ which
adopting this provision as proposed. 2001 edition of CGA S–1.1 for the DOT includes a reference temperature
Section 107.803 specification cylinders. Amending different from that of 65 °C (149 °F) and
provisions relative to DOT specification is used in determining the filling
This section establishes requirements cylinder is beyond the scope of this pressures in §§ 173.301—173.305. We
for the approval of IIAs. In this final rulemaking. Therefore, we will consider agree with the commenter that the term
rule, we are revising the application requiring the 2003 edition of this ‘‘settled pressure’’ should be defined.
criteria for IIA applicants to include standard for DOT specification We are defining the term ‘‘settled
inspections, verifications, and cylinders in a future rulemaking. pressure’’ to mean ‘‘pressure exerted by
certifications of UN pressure Matheson requests we incorporate by the contents of a UN pressure receptacle
receptacles. The revisions to this section reference the valve requirements in thermal and diffusive equilibrium.’’
are discussed earlier in this preamble contained in CGA V–9, ‘‘Standard for This definition is consistent with that
under the heading ‘‘III.A. Approval of Compressed Gas Cylinder Valves’’ in specified in the UN Model Regulations.
Independent Inspection Agencies (IIAs; place of, or in addition to, ISO 10297 in
Notified Bodies) and Certification of UN Section 171.11
§ 173.301b. CGA V–9 contains general
Cylinders.’’ design, performance, design This section contains provisions for
qualification tests, and maintenance the shipment of hazardous materials by
Section 107.805
requirements for valves. Since we did aircraft in accordance with the ICAO
This section establishes requirements not propose to reference CGA V–9 in the Technical Instructions. In the NPRM,
for cylinder requalifiers. In this final NPRM, the adoption of this standard is we proposed to add a new paragraph
rule, we are revising the procedures and beyond the scope of this rule. We will (d)(19), and is adopted as new
application criteria for persons seeking address this matter in a future paragraph (d)(20) herein, to authorize
to be approved as cylinder requalifiers rulemaking. Matheson also requests we the transport of hazardous materials in
to also apply to persons seeking to be incorporate by reference CGA Technical cylinders (including UN pressure
approved as UN pressure receptacle Bulletin, TB–16, ‘‘Recommended receptacles) in accordance with the
requalifiers. Coding System of Threaded Cylinder ICAO Technical Instructions, under
Section 107.809 Outlets and Threaded Valve Inlets.’’ certain conditions. Proposed paragraph
TB–16 recommends that all new (d)(19) reads:
New § 107.809 contains the cylinder valves and cylinders made after (d)(19) Cylinders transported to, from or
conditions applicable to UN pressure December 31, 1998, be permanently within the United States must conform to the
receptacle approvals as discussed earlier marked with the thread codes. We may applicable requirements of this subchapter.
in this preamble under the heading consider a proposal to incorporate CGA Unless otherwise excepted in this
‘‘III.A. Approval of Independent TB–16 in a future rulemaking. subchapter, a cylinder may not be
Inspection Agencies (IIAs; Notified Under the entry for United Nations,
transported unless—
Bodies) and Certification of UN (i) The cylinder is manufactured, inspected
we are revising the reference to the UN and tested in accordance with a DOT
Cylinders.’’ Recommendations on the Transport of specification or a UN standard prescribed in
Part 171 Dangerous Goods to include the new 49 part 178 of this subchapter, except that
CFR section references added in this cylinders not conforming to these
Section 171.7 rule. The new references are §§ 173.40, requirements must meet the requirements in
This section addresses material 173.192, 173.302b, 173.304b, and § 173.301(j) through (k);
incorporated by reference. In paragraph 178.75. (ii) The cylinder is equipped with a
(a)(3), in the table of material pressure relief device in accordance with
All incorporated matter is available
§ 173.301(f) of this subchapter and conforms
incorporated by reference, under the for inspection at the Office of the to the applicable requirements in part 173 for
General Services Administration, the Federal Register or the U.S. Department the hazardous material involved;
reference to Federal Specification RR– of Transportation, PHMSA’s Office of (v) For aluminum cylinders in oxygen
C–901C titled ‘‘Cylinders, Compressed Hazardous Materials Standards, Room service except those used aboard aircraft in
Gas: High Pressure Steel’’ is updated to 8430, NASSIF Building, 400 Seventh accordance with the applicable airworthiness
read Federal Specification RR–C–901D Street, SW., Washington, DC 20590. requirements and operating regulations, the
titled ‘‘Cylinders, Compressed Gas: Persons may also obtain these opening is configured with straight (parallel)
Seamless Shatterproof, High Pressure documents from the sources identified threads (UN cylinders are marked with the
DOT 3AA Steel, and 3AL Aluminum.’’ cylinder thread type, e.g. ‘‘18P’’ or ‘‘18S’’);
in § 171.7 of the HMR.
and
This standard is referenced in
§§ 173.302, 173.336, and 173.337 for the Section 171.8 (vi) A UN cylinder is marked with ‘‘USA’’
cleaning of aluminum cylinders. Section 171.8 sets forth definitions for as a country of approval in conformance with
§§ 178.69 and 178.70 of this subchapter.
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We are adding 20 new ISO entries for terms used in the HMR. In this section,
standards containing design, we are adding new definitions for Air Liquide Canada, CGA, and Taylor-
manufacture, testing, requalification, ‘‘bundles of cylinders,’’ ‘‘multiple Wharton request we revise paragraph
and use requirements for UN pressure element gas containers or MEGCs,’’ (d)(19)(ii) to permit the transportation of
receptacles as proposed in the NPRM. ‘‘settled pressure,’’ ‘‘UN cylinder,’’ ‘‘UN UN cylinders without PRDs for export

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only. Upon further consideration, we Within the United States, there are 20 thread on the valve and the cylinder can
agree with the commenters’ request to million or more DOT 3AL aluminum result in the ejection of the valve. The
permit UN cylinders not intended for alloy cylinders in oxygen service safety bulletin contains illustrations of
use in the United States to be filled and equipped with straight threads. At the various valve thread types.
transported for export only. In this final time of the proposed rule, we were Upon consideration of the comments
rule, these cylinders may be transported concerned that allowing the use of UN received, in this final rule we are
under the conditions prescribed in aluminum alloy oxygen cylinders with allowing the openings on aluminum
paragraph (l) of § 173.301. Paragraph (l) tapered threads could increase the alloy UN cylinders in oxygen service to
permits, under certain conditions, the potential for inserting improper valves, be configured with straight or taper
transportation of UN pressure even though the UN cylinders will be threads. The thread type must be
receptacles without the ‘‘USA’’ marking, marked with the thread type code, e.g. marked on the cylinder as required by
and ‘‘USA’’ marked UN pressure 18P for straight or 25E for tapered. § 178.71(o)(11) and on the valve as
receptacles without the required PRD, to Persons who are not familiar with the required by ISO 10297, as referenced in
be filled for export only. We are making ISO thread type codes may assume that §§ 173.301b(c) and 178.71(d)(2).
a similar change to the regulatory the aluminum alloy oxygen cylinder is Further, we are adding a requirement, in
language in §§ 171.12 and 171.12a. equipped with straight threads. § 173.301(a)(10) that any person who
These amendments eliminate the need Although our experience in the installs a valve into an aluminum
for DOT–E 12929, which authorizes United States involves straight thread cylinder in oxygen service must verify
certain DOT specification cylinders and designs, we are aware the use of both the valve and the cylinder have the
foreign cylinders without PRDs to be thread designs may offer certain same thread type. We believe these
charged and transported for export only. advantages. In the NPRM, we asked requirements will provide for
We are also adding certain safety commenters to address the impact of harmonization with the UN Model
conditions prescribed in DOT E–12929: retaining the prohibition against using Regulations while maintaining an
(1) Each DOT specification cylinder or taper threads in aluminum alloy oxygen adequate level of safety.
UN pressure receptacle must be plainly cylinders. We are adopting the requirement that
and durably marked ‘‘For Export Only’’; Barlen supports the proposed each UN cylinder be marked with
(2) The shipping paper must include prohibition. Citing the difference ‘‘USA’’ as a country of approval for
the following certification: ‘‘This between the European and U.S. tapered transportation within the United States
cylinder has (These cylinders have) threads, Barlen explains the angle of the as discussed earlier in this preamble.
been retested and refilled in accordance European tapered threads provides for
Section 171.12
with the DOT requirements for export.’’; more problem-free valve insertion into
and aluminum cylinders and asserts that This section contains provisions for
(3) The emergency response cylinder owners support this proposal. the import and export of hazardous
information provided with the shipment Air Liquide Canada, CGA, and materials in commerce. Paragraph (b)
and available from the emergency Matheson do not support the proposed contains provisions specific to the
response telephone contact person must prohibition. CGA states the UN shipment of hazardous materials by
indicate the pressure receptacles are not cylinders will be marked with vessel in accordance with the IMDG
fitted with pressure relief devices and information significantly different than Code. In this final rule, we are revising
provide appropriate guidance in the a DOT cylinder. The commenters paragraph (b)(15) to authorize the
event of exposure to a fire. further suggest that the cylinders and transport of hazardous materials in UN
For aluminum cylinders in oxygen valves must be marked with the thread pressure receptacles in accordance with
service, we proposed in paragraph type. Matheson requests we mandate the the IMDG Code under certain
(d)(19)(v), to require each opening to be use of tapered ISO threads for conditions. Readers should refer to the
configured with straight (parallel) aluminum UN cylinders in oxygen preamble discussion to § 171.11 for
threads. The UN Model Regulations service and suggest this will avoid any changes made to this section.
permit the use of either tapered or safety concern where valve ejection can Section 171.12a
straight threads in aluminum alloy take place because of incorrect valves.
oxygen cylinders through the CGA and Matheson state all UN This section contains provisions for
incorporation by reference of other ISO cylinders and their valves should be the transportation by rail or highway of
standards. However, we did not propose marked with the ISO thread type. shipments of hazardous materials
to allow the use of tapered threads in Matheson states the cylinders and conforming to the regulations of the
aluminum alloy cylinders used in valves should be marked according to Government of Canada. Paragraph (b)
oxygen service and transported in the the CGA technical bulletin, TB–16, contains provisions specific to the
United States. This position is ‘‘Recommended Coding System for shipment of hazardous materials in
consistent with the current requirement Threaded Cylinders Outlets and accordance with the Transport
in § 173.302(b) of the HMR, which Threaded Valve Insets.’’ CGA developed Dangerous Goods (TDG) Regulations.
requires each aluminum oxygen this technical bulletin for use in the We are revising paragraph (b)(13) to
cylinder opening to be configured with United States and Canada in response to authorize the transport of hazardous
straight threads only. Requiring the use several serious incidents where users materials in UN pressure receptacles in
of straight threads eliminates the inserted a straight thread valve into a accordance with the TDG Regulations
possibility of a taper threaded valve cylinder with taper threads, inserted a under certain conditions. Readers
being inadvertently inserted into a taper thread valve into a cylinder with should refer to the preamble discussion
straight threaded cylinder opening. straight threads, or interchanged ISO to § 171.11 for changes made to this
Such a mismatch or cross connect could and/or other metric classification section.
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lead to a violent expulsion of the taper threads with American National Part 172
threaded valve or unintended release of Standards threads. Also CGA published
oxygen which cause product loss, safety bulletin, SB–19, ‘‘Potential Valve Section 172.101
property damage, personal injury, or Thread and Cylinder Thread Mismatch’’ In § 172.101, we are amending the
death. to alert users that mismatching the Hazardous Materials Table (HMT). In a

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final rule published July 31, 2003 We are correcting this error in this final that may contain slightly more than
(Docket No. RSPA 2002–13658 (HM– rule. 65% copper. However, we believe the
215E), 68 FR 44992), we revised eleven New Special provision N86 is added term ‘‘nominal’’ is not sufficiently
entries by removing the qualifying word to 21 entries. This special provision prescriptive. Therefore, we are
‘‘compressed.’’ The eleven entries are as prohibits the shipment of these gases in providing that the copper content of
follows: UN pressure receptacles made of metal parts in contact with the gases
1008 Boron trifluoride aluminum. The 21 entries are as may exceed the limit with a tolerance of
2417 Carbonyl fluoride follows: 1%. The three entries are as follows:
1911 Diborane 1001 Acetylene 1001 Acetylene, dissolved
1962 Ethylene 1017 Chlorine 1060 Methyl acetylene and propadiene
2193 Hexafluoroethane or Refrigerant 1037 Ethyl chloride mixtures, stabilized
gas R116 1045 Fluorine, compressed 2452 Ethylacetylene, stabilized
2451 Nitrogen trifluoride 1048 Hydrogen bromide, anhydrous • New special provision N89 is added
2198 Phosphorous pentafluoride 1050 Hydrogen chloride, anhydrous to ten entries. The special provision
2203 Silane 1052 Hydrogen fluoride, anhydrous provides that when steel UN pressure
1859 Silicon tetrafluoride 1062 Methyl bromide receptacles are used, only those bearing
1982 Tetrafluoromethane or 1063 Methyl chloride or Refrigerant an ‘‘H’’ mark are authorized. We
Refrigerant gas R14 gas R 40 proposed to add this requirement to
2036 Xenon 1085 Vinyl bromide, stabilized fourteen entries. However, Barlen,
We also made revisions for 1086 Vinyl chloride, stabilized Matheson, and Praxair request that we
consistency with another amendment 1581 Chloropicrin and Methyl do not assign this special provision to
that revised the reference temperature bromide mixture Arsine (UN2188), Germane (UN2192),
used in the definitions of a non- 1582 Chloropicrin and Methyl Phosphine (UN2199), and Silane
liquefied and liquefied compressed gas chloride mixture (UN2203) because these ladings are not
in § 173.115(d) and (e), respectively, 1749 Chlorine trifluoride prone to hydrogen disassociating from
from 20 °C (68 °F) to ¥50 °C (¥58 °F) 1860 Vinyl fluoride, stabilized the compounds and posing a threat of
consistent with internationally accepted 1912 Methyl chloride and Methylene hydrogen embrittlement, as is the case
definitions for gases adopted in the chloride mixture with pure hydrogen. We agree with the
Twelfth Edition of the UN Model 2190 Oxygen difluoride, compressed commenters and we are not adding this
2196 Tungsten hexafluoride special provision to Arsine (UN2188),
Regulations. In the NPRM, we solicited
2197 Hydrogen iodide, anhydrous Germane (UN2192), Phosphine
comments on whether the packaging
2548 Chlorine pentafluoride (UN2199), and Silane (UN2203). We are
authorization for these gases should
2901 Bromine chloride adding the special provision to the
remain in § 173.302 or be relocated to
§ 173.304. Praxair recommends revising • New special provision N87 is added following ten entries:
the packaging authorization reference to eight entries. The special provision 1048 Hydrogen bromide, anhydrous
found in column 8B of the HMT to show prohibits the shipment of these gases in 1049 Hydrogen, compressed
UN pressure receptacles with copper 1050 Hydrogen chloride, anhydrous
304 for the following gases so as to
valves. The eight entries are as follows: 1053 Hydrogen sulphide
remain consistent with the requirements 1064 Methyl mercaptan
of other liquefied gases: Boron 1005 Ammonia, anhydrous 1911 Diborane
trifluoride, UN1008, Carbonyl fluoride, 1032 Dimethylamine, anhydrous 1957 Deuterium, compressed
UN2417, Diborane, UN1911, Nitrogen 1036 Ethylamine 2034 Hydrogen and Methane mixture,
trifluoride, UN2451, Phosphorus 1043 Fertilizer ammoniating solution compressed
pentafluoride, UN2198, Silane, UN2203, with free ammonia 2197 Hydrogen iodide, anhydrous
Silicon tetrafluoride, UN1859, 1061 Methylamine, anhydrous 2600 Carbon monoxide and Hydrogen
Tetrafluoromethane, UN1982, and 1083 Trimethylamine, anhydrous mixture, compressed
Xenon, UN2036. Although these 2073 Ammonia solution, relative
density less than 0.880 at 15 °C in Part 173
materials now meet the definition of
liquefied compressed gases in water, with more than 35% but not Section 173.40
§ 173.115(e) based on the revised more than 50% ammonia.
This section establishes general
reference temperatures, it remains our 3318 Ammonia solution, relative
packaging requirements for toxic
understanding that these gases seldom density less than 0.880 at 15 °C in
materials packaged in cylinders. In the
encounter temperatures of ¥50 °C (¥58 water, with more than 50% ammonia.
NPRM we proposed to revise this
°F) and below when transported within • New special provision N88 is added section to include UN cylinders. In
the United States. Since these gases will to three entries. The special provision paragraph (a), we proposed to prohibit
seldom, if ever, reach temperatures provides that the UN pressure the transport of Hazard Zone A material
causing them to become liquefied in receptacle’s metal parts in contact with in UN tubes and MEGCs. Baker
transportation, we have determined the the gas must contain no more than 65% expresses concern regarding the
non-bulk packaging authorizations for copper. Barlen disagrees with our proposal to prohibit the transport of
these gases should remain in § 173.302. adding this special provision, citing the Hazard Zone A material in UN tubes
Air Products and CGA note in the low occurrence of copper metal coming and MEGCs. We disagree. This final rule
NPRM, the Hazardous Materials Table in contact with any of the specifically is intended to align the HMR with
entry, ‘‘Ammonia, anhydrous, 2.3, UN named gases. Praxair requests we revise international standards. The UN Model
1005’’ was missing the symbol ‘‘I’’ this special provision to allow metal Regulations prohibit the transportation
jlentini on PROD1PC65 with RULES2

which identifies the proper shipping parts to contain a ‘‘nominal’’ 65% of Hazard Zone A materials in UN tubes
name as appropriate for describing copper, suggesting that some brass and MEGCs; therefore we are adopting
materials in international alloys contain slightly more than 65% the prohibition as proposed.
transportation. The symbol was copper. We agree with the latter In paragraph (b), we proposed to limit
inadvertently removed in the NPRM. commenter and will allow brass alloys a UN cylinder used for Hazard Zone A

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or B material to a maximum water provisions from § 173.40 applicable to and ‘‘Bromine trifluoride,’’ which are
capacity of 85 liters. To maintain Hazard Zone A materials be relocated to poisonous Hazard Zone A and B
consistency with the UN Model this section. Readers should refer to the materials, respectively. The shipment of
Regulations, we are not adopting the preamble discussion in § 173.40. these materials is subject to the terms
NPRM proposal to limit UN cylinders to and conditions of § 173.40. Praxair
Section 173.195
a capacity of 85 liters for Hazard Zone requests we allow the use of UN tubes
B materials. We are placing the 85 L This section lists requirements for and MEGCs to maintain consistency
limitation for Hazard Zone A materials transporting hydrogen cyanide and with the capacity authorized for DOT
in paragraph (d)(4). anhydrous, stabilized (hydrocyanic specification cylinders. We disagree.
We also proposed to require the UN acid, aqueous solution) in cylinders. As Consistent with § 173.40 and the UN
cylinder to have a minimum test proposed in the NPRM, we are adding Model Regulations, ‘‘Bromine
pressure of 200 bar and a minimum wall a new paragraph (a)(3) to authorize the pentafluoride’’ and ‘‘Bromine
thickness of 3.5 mm if made of use of UN cylinders with a minimum trifluoride’’ must be transported in
aluminum alloy or 2 mm if made of test pressure of 100 bar and a maximum seamless cylinders. The use of UN tubes
steel or, alternatively, be packed in an filling ratio of 0.55 for hydrogen and MEGCs is prohibited.
outer packaging meeting the Packing cyanide, anhydrous, stabilized or
Group I performance level. Praxair Section 173.301
hydrocyanic acid, aqueous solution. We
believes these restrictions in the are prohibiting the use of UN tubes and This section establishes general
proposed paragraph (b) should be MEGCs. requirements for the transportation of
moved to § 173.192 and apply only to compressed gases in cylinders. As
Hazard Zone A materials. We disagree. Section 173.201 proposed in the NPRM, we are revising
Section 173.40 contains general This section lists authorized this section to apply to UN pressure
packaging requirements for toxic packagings for the transportation of receptacles. In the NPRM, we proposed
materials. Relocating the requirements liquid hazardous materials in Packing to add a new paragraph (a)(10) to
for minimum test pressure and Group I. As proposed in the NPRM, we require a cylinder certified to ISO
minimum wall thickness to § 173.192 are revising paragraph (c) to authorize 11119–3 to have a working pressure not
would apply these requirements to the use of UN cylinders for liquid to exceed 62 bar when used for Division
Division 2.3, Hazard Zone A materials, hazardous materials in Packing Group I. 2.1 materials due to our concerns about
but not to the Division 6.1 Hazard Zone the permeation of flammable gases
Section 173.205 through the plastic liner at high
A materials.
Praxair notes the UN Model This section addresses general temperatures. Upon further review of
Regulations allow UN pressure requirements for liquid hazardous the requirements in ISO 11119–3 and
receptacles containing certain Hazard materials. As proposed in the NPRM, we composite cylinders authorized by
Zone B materials to meet minimum test are revising this section to authorize the special permits, we found the
pressures lower than 200 bar. Although use of UN cylinders for liquid permeation of flammable gases from
the commenter is correct, the UN Model hazardous materials. these cylinders at high temperatures to
Regulations also require UN pressure be negligible. Therefore, we are not
Section 173.226 adopting the proposed requirement for
receptacles containing other Hazard
Zone B materials to have a minimum This section lists authorized composite cylinders to have a test
test pressure greater than 200 bar. To packagings for the transportation of pressure less than 62 bar when used for
maintain consistency with the UN Division 6.1 materials in Hazard Zone Division 2.1 materials.
Model Regulations, in this final rule we A. As proposed in the NPRM, we are In the NPRM, we proposed to prohibit
are specifying when UN pressure revising paragraph (a) to authorize the the use of ISO 11119–3 composite
receptacles are used, the minimum test use of UN cylinders for materials cylinders for underwater breathing
pressure must be in accordance with poisonous by inhalation, Division 6.1, applications because of the effects of
P200 of the UN Model Regulations. Packing Group I, Hazard Zone A. saltwater on some resins. CGA notes
We are revising paragraph (e) to ISO 11119–3 contains special
Section 173.227 requirements for cylinders used in
specify that MEGCs are authorized for
Hazard Zone B materials subject to the This section lists authorized underwater applications. Lincoln
conditions and limitations of § 173.312. packagings for Division 6.1 materials in Composite states the primary pressure
Hazard Zone B. We proposed to revise containment structure of ISO 11119–2
Section 173.163 paragraph (a) to authorize the use of UN and 11119–3 cylinders is the composite
This section lists requirements for cylinders for materials poisonous by over wrap and any adverse effect of
transporting hydrogen fluoride in inhalation, Division 6.1, Packing Group saltwater on the structural performance
cylinders. We are revising this section to I, Hazard Zone B, subject to the terms of the resin matrix of composite
authorize UN cylinders for the transport and conditions of § 173.40. Praxair cylinders manufactured to ISO 11119–3
of hydrogen fluoride. suggests the requirements in § 173.40 would also apply to the resin matrix of
should not apply to cylinders used for composite cylinders manufactured to
Section 173.192 Division 6.1 Hazard Zone B materials. ISO 11119–2. Lincoln Composites
This section lists requirements for Readers should refer to the preamble requests we remove this underwater use
transporting bromoacetone, methyl discussion in § 173.40. restriction or apply the restriction to
bromide, chloropicrin, and methyl composite cylinders manufactured to
bromide or methyl chloride mixtures in Section 173.228 ISO 11119–2 and to ISO 11119–3 and
cylinders. We are revising the This section lists authorized cites extensive experience in producing
jlentini on PROD1PC65 with RULES2

introductory text and paragraph (a) to packagings for bromine pentafluoride or and using composite cylinders in
specify that UN cylinders with a marked bromine trifluoride. We proposed to saltwater environments without
test pressure of 200 bar or greater are revise paragraph (a) to authorize the use incident. We agree with the commenter
authorized for certain toxic gases in of UN cylinders, but not UN tubes and regarding the uniform regulation of ISO
Hazard Zone A. Praxair requests that MEGCs, for ‘‘Bromine pentafluoride’’ 11119–2 and 11119–3 for underwater

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use. The ISO standards permit a wide As proposed in the NPRM, we are non-refillable cylinders to 1.23 L when
range of resin mixtures for the revising paragraph (i), containing filled with a Division 2.1 material and
construction of composite cylinders. In requirements for cylinders mounted on § 173.40 prohibits the use of DOT 39
reviewing a manufacturer’s prototype a motor vehicle or in frames, to specify cylinders for Hazard Zone A materials.
design of a composite cylinder intended MEGCs must meet the requirements in We are adopting the provision as
for underwater applications, we will § 173.312. proposed and placing it in paragraph
determine the suitability of the Also, as proposed in the NPRM, we (d). We are also rearranging the other
particular resin for underwater are revising paragraphs (j), (k) and (l) to requirements in this section for the
application. Therefore, in this final rule, include UN cylinders. Paragraph (l) is benefit of users.
in § 173.301b(g), we will permit the use revised to permit the transportation of
UN cylinders without PRDs that are not Section 173.302
of ISO 11119–2 and 11119–3 composite
cylinders for underwater applications. intended for use in the United States to This section addresses requirements
Composite cylinders manufactured to be filled and transported for export for filling cylinders with non-liquefied
ISO 11119–2 or 11119–3 for underwater only, under certain conditions. These (permanent) compressed gases. As
applications must be stamped with the conditions provide that a UN cylinder proposed in the NPRM, we are making
‘‘UW’’ marking as specified in manufactured, inspected, tested and several revisions to this section.
§ 178.71(o)(17). marked in accordance with part 178 of Paragraph (a) is revised to authorize the
In this final rule, we are adding a new this subchapter and otherwise conforms use of UN pressure receptacles for
paragraph (a)(10) to require a person to the requirements of this part for the permanent gases. Paragraph (b)(2) is
who installs a valve into an aluminum gas involved, except that the cylinder is revised to permit the openings in
cylinder in oxygen service to verify the not equipped with a PRD, may be filled aluminum UN cylinders in oxygen
valve and the cylinder have the same with a gas and offered for transportation service to be configured with straight or
thread type, as we state in the earlier and transported for export under certain taper threads as we stated in the earlier
preamble discussion to § 171.11. conditions. Readers should refer to our preamble discussion to § 171.11. We
earlier discussion to § 171.11 regarding proposed in paragraph (b)(3) to require
In paragraph (c) of the NPRM, we
the transport of UN pressure receptacles UN pressure receptacles to be subject to
proposed to prohibit the use of a UN
without PRDs for export only. the cleaning requirements in ISO 11621
non-refillable cylinder, or a UN
and to update the cleaning requirements
composite cylinder certified to ISO Section 173.301b for DOT specification cylinders from
11119–3 (fully wrapped fibre reinforced New § 173.301b contains additional Federal Specification RR–C–901C to
composite gas cylinders with non-load general requirements for the shipment Federal Specification RR–C–901D.
sharing metallic liners or non-metallic of hazardous materials in UN pressure However, in the NPRM, we failed to
liners) for toxic gas or toxic gas mixtures receptacles. update one of the paragraph cites we
in Hazard Zone A or B. Lincoln When a refillable pressure receptacle referenced in Federal Specification RR–
Composite agrees with the limited use is filled with a gas different from that C–901D. Luxfer requests we correct the
of non-metallic (plastic) composite previously contained in the cylinder, cite reference to paragraph 4.4.2.2 to
cylinders for toxic gases or toxic gas the cylinder must be cleaned in read paragraph 4.2.2.2. The sampling
mixtures containing a Division 2.3, accordance with ISO 11621 prior to provisions in Federal Specification RR–
Hazard Zone A or B, material. However, refilling. We proposed to require a UN C–901C, paragraph 4.4.2.2, are actually
Lincoln Composite believes we should pressure receptacle to have its valve contained in Federal Specification RR–
not ban the use of these composite protected in accordance with the C–901D, paragraph 4.3.2. Therefore, in
cylinders without ‘‘definitive methods prescribed in § 173.301b(f). this final rule, we are correcting the cite
performance goals.’’ Lincoln Composite CGA and Taylor Wharton request we reference to read paragraph 4.3.2.
acknowledges, however, that the clarify this requirement applies to
suitability of plastic-lined composite valves that have inherent protection as Section 173.302b
cylinders for toxic gases is an issue yet provided by the ISO standard. We are New § 173.302b contains the filling
to be evaluated. PHMSA does not have revising the requirement to clarify that requirements for UN pressure
sufficient safety data on the permeation the valves must be designed and receptacles used to transport non-
of toxic gases from composite cylinders. constructed with sufficient inherent liquefied (permanent) gases. Praxair
Therefore, in the absence of this data, strength to withstand damage in requests we revise paragraph (d) to
we are adopting the prohibition as accordance with Annex B of ISO 10297. authorize the use of UN tubes for
proposed. In this final rule, we are placing this diborane and diborane mixtures. We
In paragraph (d), we are prohibiting requirement in § 173.301b(c)(2). disagree. We did not propose to allow
the use of UN cylinders made of We proposed in paragraph (g) to the use of UN tubes for diborane and
aluminum alloy 6351–T6 as proposed. require a non-refillable UN pressure diborane mixtures because their use is
We are revising paragraph (f)(5) to receptacle transported as an inner not authorized under the UN Model
specify PRDs are not required on UN packaging of a combination packaging to Regulations. Readers should refer to the
pressure receptacles transported in be limited to a water capacity not earlier discussion in § 173.40.
accordance with paragraph (k) or (l) of exceeding 1.25 L when used for a Praxair requests we revise paragraph
this section, for consistency with the flammable or toxic gas, and to be (e) to increase the settled pressure in UN
revisions made to §§ 171.11, 171.12, and prohibited for a Hazard Zone A pressure receptacles for carbon
171.12a in this final rule. Readers material. Praxair suggests current monoxide to the level permitted for
should refer to our earlier preamble regulations do not impose a limit on the DOT specification cylinders. As
discussion to § 171.11. water capacity for DOT specification proposed in the NPRM, the settled
jlentini on PROD1PC65 with RULES2

As proposed in the NPRM, we are cylinders in flammable gas service; pressure in UN cylinders for carbon
revising paragraph (h) to specify UN therefore, no limit should be prescribed monoxide is equivalent to the settled
pressure receptacles must meet the for the UN cylinders. We disagree with pressure allowed for DOT cylinders.
cylinder valve protection requirements the commenter. Current § 173.302a The limits may appear to be different
in § 173.301b(f). limits the internal volume of DOT 39 because the settled pressure in UN

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cylinders is linked to the test pressure for determining filling limits for from § 173.337 the requirement for
at 65 °C (149 °F) while the settled liquefied compressed gases and gas cylinders to be equipped with a
pressure in DOT cylinders is linked to mixtures in UN pressure receptacles. stainless steel valve and valve seat that
service pressure at a reference CGA notes that the P200 filling limits will not deteriorate if in contact with
temperature of 20 °C (65 °F). in the UN Model Regulations were nitrogen dioxide. Praxair requests we
under review at the time we published allow the use of UN pressure receptacles
Section 173.303
the NPRM. This review, completed of equal capacity to DOT specification
This section establishes requirements during the summer of 2005, verified the cylinders. Although this request may
for filling cylinders with acetylene. As acceptance of most of the current P200 have merit, we did not propose to allow
proposed in the NPRM, we are filling ratio values. Based on this the use of UN tubes in this section
authorizing the use of UN cylinders and review, we are lowering the filling because the UN Model Regulations do
bundles of cylinders for acetylene. The limits for eleven gases. We are adding a not permit the use of UN tubes or
cylinder must conform to ISO 9809 and table containing the revised filling MEGCs for the transport of nitrogen
have fusible plugs in accordance with limits for the effected gases in paragraph dioxide, liquefied or dinitrogen
ISO 3807–2. Taylor-Wharton requests (c). Matheson further notes gas mixtures tetroxide, liquefied.
we consider increasing the settled are not specifically addressed in the In addition, the reference to GSA
pressure of DOT specification cylinders regulatory text, and requests we add the Federal Specification RR–C–901C is
for acetylene. This comment is beyond term ‘‘mixture’’ as appropriate. We revised to read RR–C–901D and the
the steps of this rulemaking. We will agree, and have added the term reference to paragraph 4.4.2.2 is revised
consider the commenter’s request in a ‘‘mixture’’ as appropriate. to read 4.3.2. In addition, readers should
future rulemaking. refer to the preamble discussion to
In the NPRM, we proposed a new Section 173.312
§ 173.302.
paragraph (f) to authorize UN cylinders New § 173.312 contains general
and bundles of cylinders for the requirements for MEGCs consistent with Section 173.337
transport of acetylene gas. In this the UN Model Regulations. This new This section addresses requirements
paragraph, we proposed that any metal section includes filling requirements, for nitric oxide. As proposed in the
part in contact with the contents may provisions for damage protection, and NPRM, we are revising this section to
not contain more than 65% copper in HMR references for manufacturing and authorize the use of UN cylinders for
the alloy. As discussed earlier in this requalification. Praxair requests we nitric oxide. UN tubes and MEGCs are
preamble, special provision N88 revise proposed paragraph (a)(6) to not authorized. In addition, the
contains this same requirement; require UN pressure receptacles to be reference to GSA Federal Specification
therefore, it is removed in paragraph (f). assembled with a manifold and RR–C–901C is revised to read RR–C–
Section 173.304 individual shutoff valves to allow each 901D and the reference to paragraph
UN pressure receptacle to be filled 4.4.2.2 is revised to read 4.3.2. In
This section addresses requirements separately when used for Division 2.2 addition, readers should refer to the
for filling cylinders with liquefied liquefied gases, or any 2.1 or 2.3 gases. preamble discussion to § 173.302.
compressed gases. As proposed in the We agree and we are revising this
NPRM, we are revising paragraph (a) to section accordingly. Part 178
authorize the use of UN pressure
Section 173.323 Section 178.69
receptacles for liquefied compressed
gases. This section specifies requirements New § 178.69 contains the
applicable to ethylene oxide. As responsibilities and requirements
Section 173.304b applicable to manufacturers of UN
proposed in the NPRM, we are revising
New § 173.304b contains specific paragraph (b)(2) to authorize the use of pressure receptacles. Praxair requests
requirements for the shipment of UN pressure receptacles as authorized we remove the words ‘‘made in the
liquefied compressed gases in UN packagings for any ethylene oxide gas, United States’’ stating the NPRM
pressure receptacles. In paragraph (b), with the exception of acetylene. language unnecessarily restricts the
we proposed to allow UN pressure requirements to U.S. manufacturers. We
receptacles to be filled with liquefied Section 173.334 agree with the commenter and have
gases by using the numerical values and This section specifies requirements revised this section to reference UN
data specified in Table 2 of P200 of the applicable to organic phosphates mixed cylinders marked with ‘‘USA’’ as a
UN Model Regulations or by using the with compressed gas. As proposed in country of approval.
formulas in paragraphs (b)(3) and (b)(4) the NPRM, we are revising paragraph (a) CGA and Taylor-Wharton request
of § 173.304b for determining filling to authorize the use of UN cylinders for PHMSA clarify that a manufacturer’s
limits for liquefied compressed gases certain compressed gases that are mixed quality system be documented in the
and gas mixtures with unknown with organic phosphates. ‘‘English language.’’ We have revised
densities. Barlen and Matheson express the regulatory text accordingly.
concern regarding the required use of Section 173.336
these formulas, which generally result This section addresses requirements Section 178.70
in lower and more restrictive filling for nitrogen dioxide, liquefied, and New § 178.70 contains the procedures
limits than those permitted in § 173.301. dinitrogen tetroxide, liquefied. As for obtaining design type approval to
Barlen and Matheson request we revise proposed in the NPRM, we are revising manufacture UN pressure receptacles.
the method for determining filling limits this section to authorize the use of UN These procedures include a pre-audit
of liquefied compressed gases and gas cylinders for nitrogen dioxide, liquefied inspection by an IIA, an application for
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mixtures in UN pressure receptacles to and dinitrogen tetroxide, liquefied. The initial design type approval, approval
remove these proposed formulas or use of UN tubes and MEGCs is not modification procedures, production
allow the use of alternative methods. authorized. In addition, we are inspections, and recordkeeping
We agree. In this final rule, we are correcting an inconsistency in the requirements. Praxair requests we revise
permitting use of alternative methods current requirements. We are relocating paragraph (a) to clarify the requirements

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33868 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

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

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


application will be returned to the maintenance, and use. As proposed in hydrostatic pressure test. Since a
applicant with an explanation. the NPRM, we are revising the complete visual inspection (external
If an application is complete, the definition for ‘‘cylinder’’ to include UN and internal) is required for any
approval agency will review the design pressure receptacles. requalification, a cylinder with side-

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33870 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

wall corrosion will be rejected in ISO 6406. They state requalifiers will MEGCs and is adopted as proposed in
accordance with the appropriate not be able to determine the 950 MPa the NPRM.
requalification standard. The size of limitation of the steel because the
rejectable side-wall corrosion is much tensile strength is not required to be Other Miscellaneous Comments
smaller than what will cause excessive marked on the cylinders. Therefore, a Praxair recommends that throughout
permanent expansion. requalifier will not be able to determine the final rule, we revise the term ‘‘UN
Based on a survey we have conducted if a hydrostatic test is appropriate. We
with participation from re-testers, over cylinders’’ to the read ‘‘UN cylinders or
agree. Most, if not all, UN seamless steel
90% of all cylinders rejected during UN pressure receptacles,’’ noting that
cylinders with a tensile strength less
requalification are rejected because of the term ‘‘UN pressure receptacles’’
than 950 MPa will bear the H mark to
flaws identified through visual includes pressure receptacles with a
show the compatibility of the steel with
inspection. Both the hydraulic corrosive or embrittling gases as capacity larger than the 150 L capacity
volumetric expansion test and the proof required by ISO 11114–1. Therefore, in the definition of UN cylinder. We
pressure test will provide equal those UN seamless steel cylinders disagree with the commenter. Revising
assurance that a cylinder, at the time of bearing the H mark may be tested by the the term ‘‘UN cylinders’’ to read ‘‘UN
requalification has been pressurized to hydrostatic test method. Those UN cylinders or UN pressure receptacles’’
approximately 1.5 times the service seamless steel cylinders bearing no H would permit the use of UN tubes,
pressure without failure. Based on the mark must be requalified by ultrasonic which are not permitted for certain
review of public comments, our examination (UE) in accordance with hazardous materials.
technical evaluation of these two test ISO 6406 by a requalifier who is Carleton raised three questions
methods and their impact, we will allow approved by the Associate regarding DOT fully wrapped aluminum
UN pressure receptacles, including UN Administrator to requalify pressure lined composite (CFFC) cylinder
pressure receptacles installed in receptacles using UE. UN tubes and
MEGCs, to be requalified by either the specifications and DOT fiber reinforced
MEGCs may be requalified by acoustic plastic type composite (FRP–1) cylinder
hydraulic volumetric expansion method emission (AE) under the terms of a
or the hydraulic proof pressure method. specifications. Carleton asks whether
special permit issued by the Associate DOT FRP–1 and DOT CFFC will
Proposed paragraph (a)(3) states a Administrator. A list of requalifiers who
cylinder with a specified service life continue as active standards; how long
are authorized to examine UN pressure
may not be refilled and offered for will these standards remain active; and
receptacles by UE or AE is available for
transportation after its authorized may new designs be qualified to these
review on the PHMSA Web site:
service life has expired. Further, the http://hazmat.dot.gov/sp_app/ standards. With exception of the
paragraph states, a UN composite approvals/exsys.htm#approvals. question regarding the future longevity
cylinder may not be requalified beyond of the DOT FRP–1 and DOT DFFC
its 15-year authorized service life unless Section 180.212 standards, the answer to these questions
approval has been received from the is yes. This final rule addresses the
Associate Administrator. CGA and This section addresses requirements
for the repair of DOT–3 series design and manufacture of UN pressure
Lincoln Composite request we revise receptacles and MEGCs. We did not
paragraph (a)(3) to clarify that UN specification cylinders. As proposed in
the NPRM, we are revising the cylinder propose to modify DOT CFFC or DOT
pressure receptacles may have their FRP–1 specifications. Taylor-Wharton
authorized service life extended if repair requirements to include UN
pressure receptacles. requests PHMSA consider clarifying
specifically approved by the Associate
that the service pressure is not required
Administrator. We are revising Section 180.213
paragraph (a)(3) as requested by the to be marked on DOT series 8 acetylene
commenters. This provision applies This section establishes marking cylinders. We agree with the commenter
only to UN composite cylinders, since requirements for requalified cylinders. that 49 CFR 178.59 and 178.60 do not
we did not propose to limit the As proposed in the NPRM, we are require the service pressures to be
authorized service life of seamless UN revising the requalification marking marked on acetylene cylinders. This
pressure receptacles. Air Products provisions to include UN pressure final rule addresses UN pressure
requests we align the requalification receptacles. Lincoln Composite requests receptacles and, therefore, any revision
interval for DOT specification cylinders we permit the use of a permanent label to these sections is beyond the scope of
with the interval of the corresponding bearing the requalification markings on this rulemaking.
UN pressure receptacle. This UN composite cylinders. Lincoln
PUCO expressed concern regarding
rulemaking addresses UN cylinder Composite states the label should be
applied to the cylinder in a manner the adoption of UN pressure receptacles
requirements; thus, the requalification and potential confusion of enforcement
requirements for DOT specification prescribed by the cylinder’s
manufacturer because differing surface agencies. PUCO requests PHMSA, in
cylinders are beyond the scope of this
treatments during manufacture may coordination with DOT modal
rulemaking.
We proposed, in paragraph (d)(1), to limit or preclude the use of certain administrations and state enforcement
allow UN pressure receptacles made of adhesives. We agree, and are agencies, to create and disseminate
high strength steel with a tensile authorizing the label to be affixed to the training materials describing the
strength equal to or greater than 950 cylinder in a manner authorized by the changes and how to properly inspect
MPa and UN tubes to be requalified in cylinder manufacturer. We are also UN pressure receptacles. To assist
accordance with § 180.209 or in correcting a cite reference. enforcement agencies and the regulated
accordance with procedures approved communities, we will develop and
Section 180.217
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by the Associate Administrator. CGA dissementiate training materials


and Taylor-Wharton request we require New § 180.217 contains regarding these amendments following
all seamless steel UN pressure requalification requirements for MEGCs. the publication of this final rule.
receptacles to be requalified in This section specifies the requalification
accordance with the requirements of intervals and marking requirements for

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V. Rulemaking Analyses and Notices intent of this rulemaking is to align the C. Executive Order 13132
HMR with international standards, we
A. Statutory/Legal Authority for This This final rule has been analyzed in
review and consider each amendment
Rulemaking accordance with the principles and
on its own merit based on its overall
This final rule is published under the criteria contained in Executive Order
impact on transportation safety and the
following statutory authorities: 13132 (‘‘Federalism’’). This final rule
economic implications associated with
1. 49 U.S.C. 5103(b) authorizes the preempts State, local and Indian tribe
its adoption into the HMR. Our goal is
Secretary of Transportation to prescribe to harmonize without sacrificing the requirements but does not propose any
regulations for the safe transportation, current HMR level of safety and without regulation that has substantial direct
including security, of hazardous imposing undue burdens on the effects on the States, the relationship
material in intrastate, interstate, and regulated public. Thus, as discussed in between the national government and
foreign commerce. This final rule aligns detail earlier in this preamble, there are the States, or the distribution of power
the HMR with the UN Model several instances where we elected not and responsibilities among the various
Regulations, which will (1) promote to adopt a specific provision of the UN levels of government. Therefore, the
flexibility; (2) permit the use of Model Regulations, the IMDG Code or consultation and funding requirements
technological advances for the the ICAO Technical Instructions. of Executive Order 13132 do not apply.
manufacture of pressure receptacles; (3) Further, we are maintaining a number of The Federal hazardous materials
provide for a broader selection of current exceptions for domestic transportation law, 49 U.S.C. 5101–
pressure receptacles; (4) reduce the need transportation that should minimize the 5128, contains an express preemption
for special permits and exemptions to compliance burden on the regulated provision (49 U.S.C. 5125(b)) that
the existing regulations; and (5) community. preempts State, local, and Indian tribe
facilitate international commerce in the requirements on certain covered
transportation of compressed gases B. Executive Order 12866 and DOT subjects. Covered subjects are:
while maintaining a level of safety at Regulatory Policies and Procedures (1) The designation, description, and
least equal to that achieved under the This final rule is a not considered a classification of hazardous materials;
HMR. To this end, as discussed in detail significant regulatory action under (2) The packing, repacking, handling,
earlier in this preamble, the final rule section 3(f) of Executive Order 12866 or labeling, marking, and placarding of
amends the HMR to more fully align it the Regulatory Policies and Procedures hazardous materials;
with the biennial updates of the UN of the Department of Transportation (44 (3) The preparation, execution, and
Recommendations, the IMDG Code and FR 11034). This final rule was not use of shipping documents related to
the ICAO Technical Instructions to reviewed by the Office of Management hazardous materials and requirements
facilitate the transport of hazardous and Budget. A regulatory evaluation is related to the number, contents, and
materials in international commerce. in the docket for this rulemaking. placement of those documents;
2. 49 U.S.C. 5120(b) authorizes the This final rule adds provisions to the
Secretary of Transportation to ensure (4) The written notification,
HMR, based on the standards contained
that, to the extent practicable, recording, and reporting of the
in the United Nations Model
regulations governing the transportation unintentional release in transportation
Regulations, that would permit the
of hazardous materials in commerce are of hazardous material; or
design, construction, maintenance, and
consistent with standards adopted by use of seamless UN pressure receptacles (5) The design, manufacture,
international authorities. This final rule and MEGCs. The changes provide fabrication, inspection, marking,
amends the HMR to maintain alignment shippers with an optional means of maintenance, reconditioning, repair, or
with international standards by compliance; therefore, any increased testing of a packaging or container
incorporating various amendments to compliance costs associated with the represented, marked, certified, or sold
facilitate the transport of hazardous proposals in this final rule would be as qualified for use in transporting
material in international commerce. To incurred voluntarily by the compressed hazardous material.
this end, as discussed in detail earlier in gas industry. Ultimately, we expect each This final rule addresses covered
this preamble, the final rule company to make reasonable decisions subject items (1), (2), (3), and (5)
incorporates changes into the HMR based on its own business operations described above and would preempt
based on the Thirteenth Revised Edition and future goals. Thus, costs incurred if State, local, and Indian tribe
of the UN Recommendations, a company elects to manufacture or use requirements not meeting the
Amendment 32 to the IMDG Code, and UN pressure receptacles and MECGs ‘‘substantively the same’’ standard. This
the 2005–2006 ICAO Technical would be balanced by the benefits (e.g., final rule is necessary to harmonize
Instructions, which became effective access to foreign markets) accruing from domestic regulations for the
January 1, 2005. The continually this decision. transportation of hazardous materials in
increasing amount of hazardous More broadly, this final rule cylinders with international standards.
materials transported in international harmonizes the requirements in the Federal hazardous materials
commerce warrants the harmonization HMR for the manufacture and use of transportation law provides at
of domestic and international cylinders with international standards § 5125(b)(2) that, if DOT issues a
requirements to the greatest extent in the UN Model Regulations. regulation concerning any of the
possible. Harmonization serves to Harmonization of the HMR with covered subjects, DOT must determine
facilitate international transportation; at international standards will eliminate and publish in the Federal Register the
the same time, harmonization ensures inconsistencies between the regulations, effective date of Federal preemption.
the safety of people, property, and the thereby facilitating efficient The effective date may not be earlier
environment by reducing the potential transportation of hazardous materials in than the 90th day following the date of
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for confusion and misunderstanding pressure receptacles across national issuance of the final rule and not later
that could result if shippers and borders. More importantly, harmonized than two years after the date of issuance.
transporters were required to comply regulations reduce the potential for The effective date of Federal preemption
with two or more conflicting sets of misunderstanding and confusion and, will be 90 days from publication of this
regulatory requirements. While the thus, enhance safety. final rule in the Federal Register.

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D. Executive Order 13175 persons who choose to certify refillable Related Federal rules and regulations.
This final rule has been analyzed in UN pressure receptacles. With respect to the transportation of
accordance with the principles and Identification of potentially affected compressed gases in cylinders, there are
criteria contained in Executive Order small entities. Businesses likely to be no related rules or regulations issued by
13175 (‘‘Consultation and Coordination affected by the final rule are cylinder other department or agencies of the
with Indian Tribal Governments’’). manufacturers, cylinder requalifiers, Federal Government.
independent inspection agencies, and Alternate proposals for small
Because this final rule does not have
commercial establishments that own business. While certain regulatory
tribal implications and does not impose
and use DOT specification cylinders. actions may affect the competitive
direct compliance costs, the funding
There are approximately three United situation of an individual company or
and consultation requirements of group of companies by imposing
Executive Order 13175 do not apply. States manufacturers of seamless
pressure receptacles. In addition, the relatively greater burdens on small
E. Regulatory Flexibility Act and Associate Administrator has approved rather than large enterprises, we do not
Executive Order 13272 approximately 2,150 active domestic believe that this will be the case with
cylinder requalifiers who use the this final rule. The requirements for the
The Regulatory Flexibility Act (5
volumetric expansion test and seven manufacture, testing, and use of UN
U.S.C. 601–611) requires each agency to
domestic independent inspection pressure receptacles as in the final rule
review regulations and assess their
agencies. There are also two facilities are optional. Ultimately, we expect each
impact on small businesses and other
approved to perform seamless cylinder company to make reasonable decisions
small entities to determine whether the
repairs. Cylinder requalifiers include based on its own business operations
proposed rule is expected to have a
businesses that manage large fleets of and future goals. Thus, the costs
significant impact on a substantial
cylinders, such as cylinders filled with incurred if a company elects to
number of small entities. This rule
propane to power forklift trucks and for manufacture or use UN pressure
imposes only minimal new costs of
use by retail customers through cylinder receptacles and MECGs would be
compliance on the regulated industry.
exchange programs. There are literally balanced by the benefits (e.g., access to
Based on the assessment in the
hundreds of thousands of commercial foreign markets) accruing from this
regulatory evaluation, I hereby certify
establishments that own and use decision.
that while this rule applies to a Conclusion. I certify this final rule
substantial number of small entities, cylinders manufactured to DOT
specifications. These business sectors would not have a significant economic
there will not be a significant economic impact on a substantial number of small
impact on those small entities. A include agriculture; mining;
construction; manufacturing; entities. The costs associated with this
detailed Regulatory Flexibility analysis final rule will be assumed voluntarily
is available for review in the docket. transportation; communications;
electric, gas, and sanitary services; based on a company’s ability to offset
This final rule has been developed in the costs with benefits such as increased
accordance with Executive Order 13272 wholesale trade; retail trade; and other
services. access to foreign markets. Indeed,
(‘‘Proper Consideration of Small Entities adoption of the UN pressure receptacle
in Agency Rulemaking’’) and DOT’s Unless alternative definitions have
standards should result in overall cost
procedures and policies to promote been established by the agency in
savings to those who choose to utilize
compliance with the Regulatory consultation with the Small Business
them and will ease the regulatory
Flexibility Act to ensure that potential Administration (SBA), the definition of
compliance burden for shippers engaged
impacts of draft rules on small entities ‘‘small business’’ has the same meaning
in international commerce, including
are properly considered. as under the Small Business Act. Since
trans-border shipments in North
Need for the final rule. Current no such special definition has been
America.
requirements for the manufacture, use, established, we employ the thresholds
and requalification of cylinders can be published by SBA for industries subject F. Paperwork Reduction Act
traced to standards first applied in the to the HMR. Based on 1997 data This final rule resulted in an increase
early 1900s. Over the years, the compiled by the U.S. Census Bureau, it in annual burden and costs based on a
regulations have been revised to reflect appears that upwards of 97 percent of new information collection requirement.
advancements in transportation firms subject to this final rule are small This notice identifies a new information
efficiency and changes in the national businesses. For the most part, these collection request that PHMSA
and international economic entities will incur minimal costs to submitted to the Office of Management
environment. The changes in this final comply with the provisions of this final and Budget (OMB) for approval based
rule permit shippers to use either rule. The provisions are optional; on the requirements in this final rule.
current DOT specification cylinders or companies will choose to expand their The information collection regarding the
the new seamless UN pressure operations to include UN pressure design, construction, maintenance and
receptacles and MEGCs for the receptacles based on their ability to use of UN cylinders has been approved
transportation of compressed gases. This offset any additional costs. by OMB under OMB Control No. 2137–
action is being taken to facilitate Reporting and recordkeeping 0621, ‘‘Requirements for UN Cylinders,’’
international transportation, increase requirements. Consistent with the UN with an expiration date of May 31, 2008.
flexibility for the regulated community Model Regulations, the final rule PHMSA developed burden estimates
and promote technological advancement includes a new recordkeeping to reflect changes in this final rule.
while maintaining a comparable level of requirement for a proposed quality PHMSA estimates that the total
safety. control system for facilities that information collection and
Description of action. In this final manufacture UN pressure receptacles in recordkeeping burden for the current
jlentini on PROD1PC65 with RULES2

rule, we are adding optional the United States. The requirements will requirements of this final rule will be as
requirements for the manufacture, affect about 50 cylinder manufacturers; follows:
maintenance, testing, and use of UN we anticipate that each manufacturer OMB No. 2137–0621:
pressure receptacles and to adopt a may incur minimal costs each year to Total Annual Number of
qualification and approval process for comply with the new requirement. Respondents: 50.

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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations 33873

Total Annual Responses: 150. materials in cylinders in order to Authority: 49 U.S.C. 5101–5128, 44701;
Total Annual Burden Hours: 900. promote safer transportation practices, Pub. L. 101–410 section 4 (28 U.S.C. 2461
Total Annual Burden Cost: facilitate international commerce, and note); Pub. L. 104–121 sections 212–213;
$22,500.00. Pub. L. 104–134 section 31001; 49 CFR 1.45,
make these requirements compatible
Under the Paperwork Reduction Act 1.53.
with international standards regarding
of 1995, no person is required to such transportation. ■ 2. Section 107.801(a) is revised to read
respond to an information collection as follows:
unless it has been approved by OMB J. Privacy Act
and displays a valid OMB control Anyone is able to search the § 107.801 Purpose and scope.
number. Section 1320.8(d), Title 5, Code electronic form for all comments (a) This subpart prescribes procedures
of Federal Regulations requires that received into any of our dockets by the for—
PHMSA provide interested members of name of the individual submitting the (1) A person who seeks approval to be
the public and affected agencies an comments (or signing the comment, if an independent inspection agency to
opportunity to comment on information submitted on behalf of an association, perform tests, inspections, verifications
collection and recordkeeping requests. business, labor union, etc.). You may and certifications of DOT specification
PHMSA specifically requested review DOT’s complete Privacy Act cylinders or UN pressure receptacles as
comments on the information collection Statement in the Federal Register required by parts 178 and 180 of this
and recordkeeping burdens associated published on April 11, 2000 (Volume chapter;
with developing, implementing, and 65, Number 70; Pages 19477–78) or you (2) A person who seeks approval to
maintaining these requirements for may visit http://dms.dot.gov. engage in the requalification (e.g.
approval under this final rule. No inspection, testing, or certification),
comments were received regarding this List of Subjects rebuilding, or repair of a cylinder
information collection. 49 CFR Part 107 manufactured in accordance with a DOT
Direct your requests for a copy of the specification or a pressure receptacle in
Administrative practice and accordance with a UN standard, under
information collection to Deborah
procedure, Hazardous materials subchapter C of this chapter or under
Boothe or T. Glenn Foster, Office of
transportation, Packaging and the terms of a special permit issued
Hazardous Materials Standards (PHH–
containers, Penalties, Reporting and under this part;
10), Pipeline and Hazardous Materials
recordkeeping requirements. (3) A person who seeks approval to
Safety Administration (PHMSA), Room
8102, 400 Seventh Street, SW., 49 CFR Part 171 perform the manufacturing chemical
Washington, DC 20590–0001, analyses and tests of DOT specification
Exports, Hazardous materials cylinders, special permit cylinders, or
Telephone (202) 366–8553. transportation, Hazardous waste, UN pressure receptacles outside the
G. Unfunded Mandates Reform Act of Imports, Incorporation by reference, United States.
1995 Reporting and recordkeeping
requirements. * * * * *
This final rule does not impose ■ 3. In § 107.803, the section heading is
unfunded mandates under the 49 CFR Part 172 revised, paragraph (c)(8) is redesignated
Unfunded Mandates Reform Act of Hazardous materials transportation, as paragraph (c)(9), and a new paragraph
1995. It does not result in costs of Hazardous waste, Labeling, Packaging (c)(8) is added to read as follows:
$120.7 million or more, in the aggregate, and containers, Reporting and
to any of the following: State, local, or § 107.803 Approval of an independent
recordkeeping requirements. inspection agency (IIA).
Native American tribal governments, or
the private sector. 49 CFR Part 173 * * * * *
Hazardous materials transportation, (c) * * *
H. Regulation Identifier Number (RIN) (8) If the applicant’s principal place of
Incorporation by reference, Packaging
A regulation identifier number (RIN) business is in a country other than the
and containers, Radioactive materials,
is assigned to each regulatory action United States, the Associate
Reporting and recordkeeping
listed in the Unified Agenda of Federal Administrator may approve the
requirements, Uranium.
Regulations. The Regulatory Information applicant on the basis of an approval
Service Center publishes the Unified 49 CFR Part 178 issued by the Competent Authority of
Agenda in April and October of each Hazardous materials transportation, the country of manufacture. The
year. The RIN number contained in the Incorporation by reference, Packaging Competent Authority must maintain a
heading of this document may be used and containers, Reporting and current listing of approved IIAs and
to cross-reference this action with the recordkeeping requirements. their identification marks. The applicant
Unified Agenda. must provide a copy of the designation
49 CFR Part 180 from the Competent Authority of that
I. Environmental Assessment country delegating to the applicant an
Hazardous materials transportation,
The National Environmental Policy Incorporation by reference, Motor approval or designated agency authority
Act of 1969 (NEPA), as amended (42 carriers, Motor vehicle safety, Packaging for the type of packaging for which a
U.S.C. 4321–4347), requires Federal and containers, Reporting and DOT or UN designation is sought; and
agencies to consider the consequences recordkeeping requirements. * * * * *
of major Federal actions and prepare a ■ 4. In § 107.805, the section heading
detailed statement on actions ■In consideration of the foregoing, we
amend 49 CFR Chapter I as follows: and paragraphs (a), (c)(2), and (d) are
significantly affecting the quality of the revised to read as follows:
jlentini on PROD1PC65 with RULES2

human environment. There are no PART 107—HAZARDOUS MATERIALS


significant environmental impacts PROGRAM PROCEDURES
§ 107.805 Approval of cylinder and
associated with this final rule. We are pressure receptacle requalifiers.
revising certain HMR requirements for ■ 1. The authority citation for part 107 (a) General. A person must meet the
the transportation of hazardous continues to read as follows: requirements of this section to be

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33874 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

approved to inspect, test, certify, repair, § 107.809 Conditions of UN pressure or organizations that is not required of
or rebuild a cylinder in accordance with receptacle approvals. its own citizenry.
a DOT specification or a UN pressure (a) Each approval issued under this
receptacle under subpart C of part 178 subpart contains the following PART 171—GENERAL INFORMATION,
or subpart C of part 180 of this chapter, conditions: REGULATIONS, AND DEFINITIONS
or under the terms of a special permit (1) Upon the request of the Associate
issued under this part. ■ 6. The authority citation for part 171
Administrator, the applicant or holder continues to read as follows:
* * * * * must allow the Associate Administrator
or the Associate Administrator’s Authority: 49 U.S.C. 5101–5128, 44701; 49
(c) * * * CFR 1.45 and 1.53; Pub. L. 101–410 section
(2) The types of DOT specification or designee to inspect the applicant’s 4 (28 U.S.C. 2461 note); Pub L. 104–134
special permit cylinders, or UN pressure pressure receptacle manufacturing and section 31001.
receptacles that will be inspected, testing facilities and records, and must
■ 7. In § 171.7, in the table in paragraph
tested, repaired, or rebuilt at the facility; provide such materials and pressure
(a)(3) make the following changes:
receptacles for analyses and tests as the
* * * * * ■ a. Under Compressed Gas Association
Associate Administrator may specify.
(d) Issuance of requalifier Inc., a new entry for CGA S–1.1, 2003
The applicant or holder must bear the
identification number (RIN). The edition, is added;
cost of the initial and subsequent
Associate Administrator issues a RIN as ■ b. Under General Services
inspections, analyses, and tests.
evidence of approval to requalify DOT Administration, the entry Federal
(2) Each holder must comply with all Specification RRC901C is removed, and
specification or special permit
of the terms and conditions stated in the an entry for RR-C–901D is added;
cylinders, or UN pressure receptacles if
approval letter issued under this ■ c. Revise the entry for ‘‘International
it is determined, based on the
subpart. Organization for Standardization,’’ and
applicant’s submission and other
available information, that the (b) In addition to the conditions ■ d. Under ‘‘United Nations,’’ the entry
applicant’s qualifications and, when specified in § 107.713, an approval may for UN Recommendations on the
applicable, facility are adequate to be denied or if issued, suspended or Transport of Dangerous Goods is
perform the requested functions in terminated if the Competent Authority revised.
accordance with the criteria prescribed of the country of manufacture fails to The revisions and additions read as
in subpart C of part 180 of this initiate, maintain or recognize an IIA follows:
subchapter. approved under this subpart; fails to
recognize UN standard packagings § 171.7 Reference material.
* * * * * manufactured in accordance with this (a) * * *
■ 5. Section 107.809 is added to read as subchapter; or implements a condition (3) Table of material incorporated by
follows: or limitation on United States citizens reference. * * *

Source and name of material 49 CFR reference

* * * * * * *
Compressed Gas Association, Inc.,

* * * * * * *
CGA Pamphlet S–1.1, Pressure Relief Device Standards—Part 1—Cylinders for Compressed 173.301, 178.75.
Gases, 2003 (with the exception of paragraph 9.1.1.1), Eleventh Edition.

* * * * * * *
General Services Administration,
* * * * * * *
Federal Specification RR-C–901D, Cylinders, Compressed Gas: Seamless Shatterproof, High 173.302; 173.336; 173.337.
Pressure DOT 3AA Steel, and 3AL Aluminum, February 21, 2003 (Superseding RR-C–901C,
1981).

* * * * * * *
International Organization for Standardization, Case Postale 56, CH–1211, Geneve 20, Switzerland;
Also available from: ANSI 25 West 43rd Street, New York, NY 10036
ISO 82–74(E) Steels Tensile Testing ............................................................................................... 178.270–3.
ISO 535–1991(E) Paper and board—Determination of water absorptiveness—Cobb method ....... 178.516; 178.707; 178.708.
ISO 1496–1: 1990 (E)—Series 1 freight containers—Specification and testing, Part 1: General 173.411
cargo containers. Fifth Edition, (August 15, 1990).
ISO 1496–3—Series 1 freight containers—Specification and testing—Part 3: Tank containers for 178.74; 178.75; 178.274.
liquids, gases and pressurized dry bulk, Fourth edition, March 1995, (E).
ISO 2431–1984(E) Standard Cup Method ....................................................................................... 173.121.
ISO 2592–1973(E) Petroleum products—Determination of flash and fire points—Cleveland open 173.120.
cup method.
ISO 2919–1980(E) Sealed radioactive sources—Classification ....................................................... 173.469.
ISO 3036–1975(E) Board—Determination of puncture resistance .................................................. 178.708.
ISO 3574–1986(E) Cold-reduced carbon steel sheet of commercial and drawing qualities ........... 178.503; Part 178, appendix C.
jlentini on PROD1PC65 with RULES2

ISO 3807–2, Cylinders for acetylene—Basic requirements—Part 2: Cylinders with fusible plugs, First 173.303; 178.71.
edition, March 2000, (E).
ISO 4126–1 Safety valves—Part 1: General Requirements, December 15, 1991, First Edition ............ 178.274.
ISO 6406, Gas cylinders—Seamless steel gas cylinders—Periodic inspection and testing, Second 180.207.
edition, February 2005, (E).

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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations 33875

Source and name of material 49 CFR reference

ISO 6892 Metallic materials—Tensile testing, July 15, 1984, First Edition ............................................. 178.274.
ISO 7225, Gas cylinders—Precautionary labels, First edition, November 1994, (Corrected and re- 178.71.
printed August 1995), (E).
ISO 7866, Gas cylinders—Refillable seamless aluminum alloy gas cylinders—Design, construction 178.71.
and testing, First edition, June 1999, (E).
ISO 8115 Cotton bales—Dimensions and density, 1986 Edition ............................................................ 172.102.
ISO 9809–1: Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and test- 178.71; 178.75.
ing—Part 1: Quenched and tempered steel cylinders with tensile strength less than 1 100 MPa.,
First edition, June 1999, (E).
ISO 9809–2: Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and test- 178.71; 178.75.
ing—Part 2: Quenched and tempered steel cylinders with tensile strength greater than or equal to
1 100 MPa., First edition, June 2000, (E).
ISO 9809–3: Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and test- 178.71; 178.75.
ing—Part 3: Normalized steel cylinders, First edition, December 2000, (E).
ISO 9978:1992(E)—Radiation protection—Sealed radioactive sources—Leakage test methods. First 173.469.
Edition, (February 15, 1992).
ISO 10297, Gas cylinders—Refillable gas cylinder valves—Specification and type testing, First edi- 173.301b, 178.71.
tion, May 1999, (E).
ISO 10461, Gas cylinders—Seamless aluminum—alloy gas cylinders—Periodic inspection and test- 180.207.
ing, Second edition, February 2005, (E).
ISO 10462, Gas cylinders—Transportable cylinders for dissolved acetylene—Periodic inspection and 180.207.
maintenance, Second edition, February 2005, (E).
ISO 11114–1, Transportable gas cylinders—Compatibility of cylinder and valve materials with gas 173.301b; 178.71.
contents—Part 1: Metallic materials, First edition, October 1997, (E).
ISO 11114–2, Transportable gas cylinders—Compatibility of cylinder and valve materials with 173.301b; 178.71.
gas contents—Part 2: Non-metallic materials, First edition, December 2000, (E).
ISO 11117, Gas cylinders—Valve protection caps and valve guards for industrial and medical 173.301b.
gas cylinders—Design, construction and tests, First edition, August 1998, (E).
ISO 11118, Gas cylinders—Non-refillable metallic gas cylinders—Specification and test meth- 178.71.
ods, First edition, October 1999, (E).
ISO 11119–1, Gas cylinders—Gas cylinders of composite construction—Specification and test 178.71.
methods—Part 1: Hoop-wrapped composite gas cylinders, First edition, May 2002, (E).
ISO 11119–2, Gas cylinders—Gas cylinders of composite construction—Specification and test 178.71.
methods—Part 2: Fully wrapped fibre reinforced composite gas cylinders with load-sharing
metal liners, First edition, May 2002, (E).
ISO 11119–3, Gas cylinders of composite construction—Specification and test methods—Part 3: 178.71.
Fully wrapped fibre reinforced composite gas cylinders with non-load-sharing metallic or non-
metallic liners, First edition, September 2002, (E).
ISO 11120, Gas cylinders—Refillable seamless steel tubes of water capacity between 150 L and 178.71; 178.75.
3000 L—Design, construction and testing, First edition, March 1999, (E).
ISO 11621, Gas cylinders—Procedures for change of gas service, First edition, April 1997, (E) .. 173.302, 173.336, 173.337.
ISO 11623, Transportable gas cylinders—Periodic inspection and testing of composite gas cyl- 180.207.
inders, First edition, March 2002, (E).

* * * * * * *
United Nations,

* * * * * * *
UN Recommendations on the Transport of Dangerous Goods, Thirteenth Revised Edition (2003), 171.12; 172.202; 172.401; 172.502;
Volumes I and II. 173.22; 173.24; 173.24b; 173.40;
173.192; 173.197; 173.302b; 173.304b;
Part 173, appendix H; 178.75; 178.274;
178.801.

* * * * * * *

■ 8. In § 171.8, definitions for ‘‘bundle capacity for the bundle may not exceed structural equipment necessary for the
of cylinders,’’ ‘‘multiple element gas 3,000 L, except that a bundle intended transport of gases.
container or MEGC,’’ ‘‘settled pressure,’’ for the transport of gases in Division 2.3 * * * * *
‘‘UN cylinder,’’ ‘‘UN pressure is limited to a water capacity of 1,000
receptacle,’’ ‘‘UN tube’’ and ‘‘working Settled pressure means the pressure
L.
pressure’’ are added in alphabetical exerted by the contents of a UN pressure
* * * * * receptacle in thermal and diffusive
order to read as follows:
Multiple-element gas container or equilibrium.
§ 171.8 Definitions. MEGC means assemblies of UN * * * * *
* * * * * cylinders, tubes, or bundles of cylinders
jlentini on PROD1PC65 with RULES2

UN cylinder means a transportable


interconnected by a manifold and pressure receptacle with a water
Bundle of cylinders means assemblies
of UN cylinders fastened together and assembled within a framework. The capacity not exceeding 150 L that has
interconnected by a manifold and term includes all service equipment and been marked and certified as
transported as a unit. The total water conforming to the applicable

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33876 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

requirements in part 178 of this with the thread type (e.g. ‘‘17E, 25E, 18P (13) When the provisions of this
subchapter. or 25P’’) and fitted with the properly subchapter require that a DOT
* * * * * marked valve; and specification or a UN standard
UN pressure receptacle means a UN (iv) The UN pressure receptacle is packaging must be used for a hazardous
cylinder or tube. marked with ‘‘USA’’ as a country of material, a packaging authorized by the
* * * * * approval in conformance with §§ 178.69 TDG Regulations may be used only if it
UN tube means a seamless and 178.70 of this subchapter. corresponds to the DOT specification or
transportable pressure receptacle with a ■ 10. In § 171.12, paragraph (b)(15) is UN standard authorized by this
water capacity exceeding 150 L but not revised to read as follows: subchapter. Unless otherwise excepted
more than 3,000 L that has been marked in this subchapter, a cylinder (including
§ 171.12 Import and export shipments. UN pressure receptacles) may not be
and certified as conforming to the
requirements in part 178 of this transported unless;
subchapter. * * * * * (i) The packaging is a UN pressure
* * * * * (b) * * * receptacle marked with the letters
Working pressure for purposes of UN (15) Cylinders (including UN pressure ‘‘CAN’’ for Canada as a country of
pressure receptacles, means the settled receptacles) transported to, from, or manufacture or a country of approval or
pressure of a compressed gas at a within the United States must conform is a cylinder that was manufactured,
reference temperature of 15 °C (59 °F). to the applicable requirements of this inspected and tested in accordance with
subchapter. Unless otherwise excepted a DOT specification or a UN standard
* * * * *
in this subchapter, a cylinder may not prescribed in part 178 of this
■ 9. In § 171.11, paragraph (d)(20) is
be transported unless; subchapter, except that cylinders not
added to read as follows: (i) The cylinder is manufactured, conforming to these requirements must
§ 171.11 Use of ICAO Technical inspected and tested in accordance with meet the requirements in § 173.301(j),
Instructions. a DOT specification or a UN standard (k), (l) or (m) of this subchapter.
* * * * * prescribed in part 178 of this (ii) The cylinder conforms to the
(d) * * * subchapter, except that cylinders not applicable requirements in part 173 of
(20) Cylinders (including UN pressure conforming to these requirement must this subchapter for the hazardous
receptacles) transported to, from, or meet the requirements in § 173.301(j), material involved; and
within the United States must conform (k) or (l) of this subchapter;
(ii) The cylinder is equipped with a (iii) For an aluminum cylinder in
to the applicable requirements of this oxygen service used for other than
subchapter. Unless otherwise excepted pressure relief device in accordance
with § 173.301(f) of this subchapter and aircraft parts, the cylinder openings
in this subchapter, a cylinder may not conform to the requirements of this
be transported unless; conforms to the applicable requirements
in part 173 of this subchapter for the paragraph. For a DOT specification
(i) The cylinder is manufactured,
hazardous material involved; cylinder (e.g. DOT 3AL), the opening
inspected and tested in accordance with
(iii) For an aluminum cylinder in must be configured with straight
a DOT specification or a UN standard
oxygen service used for other than (parallel) threads. UN pressure
prescribed in part 178 of this
aircraft parts, the cylinder openings receptacles may have straight (parallel)
subchapter, except that cylinders not
conform to the requirements of this or tapered threads provided the cylinder
conforming to these requirements must
paragraph. For a DOT specification is marked with the thread type, e.g.
meet the requirements in § 173.301(j),
cylinder (e.g. DOT 3AL), the opening ‘‘17E, 25E, 18P, 25P’’ and fitted with the
(k) or (l) of this subchapter;
(ii) The cylinder is equipped with a must be configured with straight properly marked valve.
pressure relief device in accordance (parallel) threads. A UN pressure * * * * *
with § 173.301(f) of this subchapter and receptacle may have straight (parallel)
conforms to the applicable requirements or tapered threads provided the cylinder PART 172—HAZARDOUS MATERIALS
in part 173 for the hazardous material is marked with the thread type, e.g. TABLE, SPECIAL PROVISIONS,
involved; ‘‘17E, 25E, 18P, 25P’’ and fitted with the HAZARDOUS MATERIALS
(iii) For an aluminum cylinder in properly marked valve; and COMMUNICATIONS, EMERGENCY
oxygen service, except when used (iv) The UN pressure receptacle is RESPONSE INFORMATION, AND
aboard an aircraft in accordance with marked with ‘‘USA’’ as a country of TRAINING REQUIREMENTS
the applicable airworthiness approval in conformance with §§ 178.69
requirements and operating regulations, and 178.70 of this subchapter. ■ 12. The authority citation for part 172
the cylinder openings conform to the continues to read as follows:
* * * * *
requirements in this paragraph. For a Authority: 49 U.S.C. 5101–5128; 44701; 49
■ 11. In § 171.12a, paragraph (b)(13) is
DOT specification cylinder (e.g. 3AL), CFR 1.53.
revised to read as follows:
the opening must be configured with § 172.101 [Amended]
straight (parallel) threads. A UN § 171.12a Canadian shipments and
pressure receptacle may have straight packagings ■ 13. In the § 172.101 Hazardous
(parallel) or tapered threads provided * * * * * Materials Table, the following entries
the UN pressure receptacle is marked (b) * * * are revised to read as follows:
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jlentini on PROD1PC65 with RULES2

Packaging (§ 173.***) Quantity limitations Vessel stowage


Hazardous materials descrip- Hazard Special (8) (9) (10)
Identifica- Label
Symbols tions and proper shipping class or di- PG provisions
tion codes
names vision (§ 172.102) Passenger Cargo air-
Exceptions Non-bulk Bulk Location Other
aircraft/rail craft only

VerDate Aug<31>2005
(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

[REVISE:]

* * * * * * *
Acetylene, dissolved ................ 2.1 ............ UN1001 .... ................... 2.1 ............ N88 ........... None ......... 303 ........... None ......... Forbidden 15 kg ........ D ............... 25, 40, 57

* * * * * * *

20:37 Jun 09, 2006


I .................. Ammonia, anhydrous ............... 2.3 ............ UN1005 .... ................... 2.3, 8 ........ 4, N87, None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40, 57
T50.

* * * * * * *
I .................. Ammonia solution, relative den- 2.2 ............ UN3318 .... ................... 2.3, 8 ........ 4, N87, None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40, 57

Jkt 208001
sity less than 0.880 at 15 de- T50.
grees C in water, with more
than 50 percent ammonia.

PO 00000
* * * * * * *
Ammonia solution, relative den- 2.2 ............ UN2073 .... ................... 2.2 ............ N87 ........... 306 ........... 304 ........... 314, 315 ... Forbidden 150 kg ...... E ............... 40, 57
sity less than 0.880 at 15 de-
grees C in water, with more
than 35 percent but not more

Frm 00021
than 50 percent ammonia.

* * * * * * *
Arsine ....................................... 2.3 ............ UN2188 .... ................... 2.3, 2.1 ..... 1 ............... None ......... 192 ........... 245 ........... Forbidden Forbidden D ............... 40

Fmt 4701
* * * * * * *
Bromine chloride ...................... 2.3 ............ UN2901 .... ................... 2.3, 8, 5.1 2, B9, B14, None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40, 89, 90
N86.

Sfmt 4700
* * * * * * *
Carbon monoxide and hydro- 2.3 ............ UN2600 .... ................... 2.3, 2.1 ..... 6, N89 ....... None ......... 302 ........... 302 ........... Forbidden Forbidden D ............... 40, 57
gen mixture, compressed.

* * * * * * *
Chlorine .................................... 2.3 ............ UN1017 .... ................... 2.3, 8 ........ 2, B9, B14, None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40, 51, 55,
N86, 62, 68,
T50, 89, 90
TP19.

E:\FR\FM\12JNR2.SGM
* * * * * * *
Chlorine pentafluoride .............. 2.3 ............ UN2548 .... ................... 2.3, 5.1, 8 1, B7, B9, None ......... 304 ........... 314 ........... Forbidden Forbidden D ............... 40, 89, 90
B14, N86.

12JNR2
* * * * * * *
Chlorine trifluoride .................... 2.3 ............ UN1749 .... ................... 2.3, 5.1, 8 2, B7, B9, None ......... 304 ........... 314 ........... Forbidden Forbidden D ............... 40, 89, 90
B14, N86.

* * * * * * *
Chloropicrin and methyl bro- 2.3 ............ UN1581 .... ................... 2.3 ............ 2, B9, B14, None ......... 193 ........... 314, 315 ... Forbidden Forbidden D ............... 25, 40
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

mide mixtures. N86, T50.

* * * * * * *
Chloropicrin and methyl chlo- 2.3 ............ UN1582 .... ................... 2.3 ............ 2, N86, None ......... 193 ........... 245 ........... Forbidden Forbidden D ............... 25, 40
ride mixtures. T50.

* * * * * * *
Deuterium, compressed ........... 2.1 ............ UN1957 .... ................... 2.1 ............ N89 ........... 306 ........... 302 ........... None ......... Forbidden 150 kg ...... E ............... 40
33877
jlentini on PROD1PC65 with RULES2

Packaging (§ 173.***) Quantity limitations Vessel stowage


Hazardous materials descrip- Hazard Special (8) (9) (10)
Identifica- Label
Symbols tions and proper shipping class or di- PG provisions
tion codes
33878

names vision (§ 172.102) Passenger Cargo air-


Exceptions Non-bulk Bulk Location Other
aircraft/rail craft only

VerDate Aug<31>2005
(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

* * * * * * *
Diborane ................................... 2.3 ............ UN1911 .... ................... 2.3, 2.1 ..... 1, N89 ....... None ......... 302 ........... None ......... Forbidden Forbidden D ............... 40, 57

* * * * * * *
Dimethylamine, anhydrous ....... 2.1 ............ UN1032 .... ................... 2.1 ............ N87, T50 .. None ......... 304 ........... 314, 315 ... Forbidden 150 kg ...... D ............... 40

20:37 Jun 09, 2006


* * * * * * *
Ethyl chloride ........................... 2.1 ............ UN1037 .... ................... 2.1 ............ B77, N86, None ......... 322 ........... 314, 315 ... Forbidden 150 kg ...... B ............... 40
T50.

Jkt 208001
* * * * * * *
Ethylacetylene, stabilized ......... 2.1 ............ UN2452 .... ................... 2.1 ............ N88 ........... None ......... 304 ........... 314, 315 ... Forbidden 150 kg ...... B ............... 40

* * * * * * *
Ethylamine ............................... 2.1 ............ UN1036 .... ................... 2.1 ............ B77, N87, None ......... 321 ........... 314, 315 ... Forbidden 150 kg ...... D ............... 40

PO 00000
T50.

* * * * * * *
Fertilizer ammoniating solution 2.2 ............ UN1043 .... ................... 2.2 ............ N87 ........... 306 ........... 304 ........... 314, 315 ... Forbidden 150 kg ...... E ............... 40

Frm 00022
with free ammonia.

* * * * * * *
Fluorine, compressed .............. 2.3 ............ UN1045 .... ................... 2.3, 5.1, 8 1, N86 ....... None ......... 302 ........... None ......... Forbidden Forbidden D ............... 40, 89, 90

Fmt 4701
* * * * * * *
Germane .................................. 2.3 ............ UN2192 .... ................... 2.3, 2.1 ..... 2 ............... None ......... 302 ........... 245 ........... Forbidden Forbidden D ............... 40

* * * * * * *

Sfmt 4700
Hydrogen and Methane mix- 2.1 ............ UN2034 .... ................... 2.1 ............ N89 ........... 306 ........... 302 ........... 302, 314, Forbidden 150 kg ...... E ............... 40, 57
tures, compressed. 315.

* * * * * * *
Hydrogen bromide, anhydrous 2.3 ............ UN1048 .... ................... 2.3, 2.8 ..... 3, B14, None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40
N86, N89.

* * * * * * *
Hydrogen chloride, anhydrous 2.3 ............ UN1050 .... ................... 2.3, .8 ....... 3, N86, None ......... 304 ........... None ......... Forbidden Forbidden D ............... 40
N89.

E:\FR\FM\12JNR2.SGM
* * * * * * *
Hydrogen, compressed ............ 2.1 ............ UN1049 .... .............. 2.1 ............ N89 ........... 306 ........... 302 ........... 302, 314 ... Forbidden 150 kg ...... E ............... 40, 57

12JNR2
* * * * * * *
Hydrogen fluoride, anhydrous .. 8 ............... UN1052 .... I ................ 8, 6.1 ........ 3, B7, B46, None ......... 163 ........... 243 ........... Forbidden Forbidden D ............... 40
B71,
B77,
N86,
T10, TP2.
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

* * * * * * *
Hydrogen iodide, anhydrous .... 2.3 ............ UN2197 .... .............. 2.3 ............ 3, B14, None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40
N89.

* * * * * * *
Hydrogen sulfide ...................... 2.3 ............ UN1053 .... .............. 2.3, 2.1 ..... 2, B9, B14, None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40
N89.
jlentini on PROD1PC65 with RULES2

* * * * * * *
Methyl acetylene and propa- 2.1 ............ UN1060 .... .............. 2.1 ............ N88, T50 .. 306 ........... 304 ........... 314, 315 ... Forbidden 150 kg ...... B ............... 40
diene mixtures, stabilized.

* * * * * * *

VerDate Aug<31>2005
Methyl bromide ........................ 2.3 ............ UN1062 .... .............. 2.3 ............ 3, B14, None ......... 193 ........... 314, 315 ... Forbidden Forbidden D ............... 40
N86, T50.

* * * * * * *
Methyl chloride or Refrigerant 2.1 ............ UN1063 .... .............. 2.1 ............ N86, T50 .. 306 ........... 304 ........... 314, 315 ... 5 kg .......... 100 kg ...... D ............... 40
gas R 40.

20:37 Jun 09, 2006


* * * * * * *
Methyl chloride and methylene 2.1 ............ UN1912 .... .............. 2.1 ............ N86, T50 .. 306 ........... 304 ........... 314, 315 ... Forbidden 150 kg ...... D ............... 40
chloride mixtures.

* * * * * * *

Jkt 208001
Methyl mercaptan .................... 2.3 ............ UN1064 .... ................... 2.3, 2.1 ..... 3, B7, B9, None...... ... 304...... ..... 314, 315 ... Forbidden Forbidden D ............... 40
B14,
N89, T50.

PO 00000
* * * * * * *
Methylamine, anhydrous .......... 2.1 ............ UN1061 .... ................... 2.1 ............ N87, T50 .. 306...... ..... 304...... ..... 314, 315 ... Forbidden 150 kg ...... B ............... 40

* * * * * * *
Oxygen difluoride, compressed 2.3 ............ UN2190 .... ................... 2.3, 5.1, 8 1, N86 ....... None...... ... 304...... ..... None.... ..... Forbidden Forbidden B ............... 40

Frm 00023
* * * * * * *
Phosphine ................................ 2.3 ............ UN2199 .... ................... 2.3, 2.1 ..... 1 ............... None... ...... 192... ........ 245.... ....... Forbidden Forbidden D ............... 40

Fmt 4701
* * * * * * *
Silane ....................................... 2.1 ............ UN2203 .... ................... 2.1 ............ ................... None... ...... 302... ........ None ......... Forbidden Forbidden E ............... 40, 57, 104

* * * * * * *

Sfmt 4700
Trimethylamine, anhydrous ...... 2.1 ............ UN1083 .... ................... 2.1 ............ N87, T50 .. 306... ........ 304... ........ 314, 315 ... Forbidden 150 kg ...... B ............... 40

* * * * * * *
Tungsten hexafluoride ............. 2.3 ............ UN2196 .... ................... 2.3, 8 ........ 2, N86 ....... None... ...... 338... ........ None ......... Forbidden Forbidden D ............... 40

* * * * * * *
Vinyl bromide, stabilized .......... 2.1 ............ UN1085 .... ................... 2.1 ............ N86, T50 .. 306... ........ 304... ........ 314, 315 ... Forbidden 150 kg ...... B ............... 40

E:\FR\FM\12JNR2.SGM
* * * * * * *
Vinyl chloride, stabilized ........... 2.1 ............ UN1086 .... ................... 2.1 ............ 21, B44, 306... ........ 304... ........ 314, 315 ... Forbidden 150 kg ...... B ............... 40
N86, T50.

12JNR2
* * * * * * *
Vinyl fluoride, stabilized ........... 2.1 ............ UN1860 .... ................... 2.1 ............ N86 ........... 306... ........ 304... ........ 314, 315 ... Forbidden 150 kg ...... E ............... 40

* * * * * * *
[ADDED]
Acetylene, solvent free ............ Forbidden.
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

* * * * * * *
33879
33880 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

■ 14. In § 172.102(c)(5), Special (d) Additional handling protection. (1) In specification 3, 3A, 3AA, 3B,
Provisions ‘‘N86’’, ‘‘N87’’, ‘‘N88’’ and Each cylinder or cylinder overpack 3BN, or 3E cylinders; or in specification
‘‘N89’’ are added to read as follows: combination offered for transportation 4B, 4BA, or 4BW cylinders except that
containing a Division 2.3 or 6.1 Hazard brazed 4B, 4BA, and 4BW cylinders are
§ 172.102 Special Provisions. Zone A or B material must conform to not authorized. The filling density may
* * * * * the valve damage protection not exceed 85 percent of the cylinder’s
(c) * * * performance requirements of this water weight capacity. In place of the
(5) * * * section. In addition to the requirements periodic volumetric expansion test,
Code/Special Provisions of this section, overpacks must conform cylinders used in exclusive service may
to the overpack provisions of § 173.25. be given a complete external visual
N86 UN pressure receptacles made of (1) DOT specification cylinders must inspection in conformance with part
aluminum alloy are not authorized. conform to the following: 180, subpart C, of this subchapter, at the
N87 The use of copper valves on UN (i) Each cylinder with a wall thickness time such requalification becomes due.
pressure receptacles is prohibited. at any point of less than 2.03 mm (0.08
N88 Any metal part of a UN pressure (2) In a UN cylinder, as specified in
inch) and each cylinder that does not part 178 of this subchapter, having a
receptacle in contact with the have fitted valve protection must be
contents may not contain more than minimum test pressure of 10 bar and a
overpacked in a box. The box must maximum filling ratio of 0.84.
65% copper, with a tolerance of 1%. conform to overpack provisions in
N89 When steel UN pressure (b) A cylinder removed from
§ 173.25. Box and valve protection must hydrogen fluoride service must be
receptacles are used, only those be of sufficient strength to protect all
bearing the ‘‘H’’ mark are authorized. condemned in accordance with
parts of the cylinder and valve, if any, § 180.205 of this subchapter.
* * * * * from deformation and breakage resulting Alternatively, at the direction of the
from a drop of 2.0 m (7 ft) or more onto owner, the requalifier may render the
PART 173—SHIPPERS—GENERAL a non-yielding surface, such as concrete
REQUIREMENTS FOR SHIPMENTS cylinder incapable of holding pressure.
or steel, impacting at an orientation
AND PACKAGINGS ■ 18. In § 173.192, the introductory text
most likely to cause damage.
‘‘Deformation’’means a cylinder or valve and paragraph (a) introductory text are
■ 15. The authority citation for part 173 revised to read as follows:
that is bent, distorted, mangled,
continues to read as follows:
misshapen, twisted, warped, or in a § 173.192 Packaging for certain toxic
Authority: 49 U.S.C. 5101–5128, 44701; 49 similar condition. gases in Hazard Zone A.
CFR 1.45, 1.53. (ii) Each cylinder with a valve must When § 172.101 of this subchapter
■ 16. In § 173.40, paragraphs (a)(1), be equipped with a protective metal specifies a toxic material must be
(a)(2), and (b), (d) and (e) are revised cap, other valve protection device, or an packaged under this section, only the
and paragraphs (a)(3) and (a)(4) are overpack which is sufficient to protect following cylinders are authorized:
added to read as follows: the valve from breakage or leakage (a) Specification 3A1800, 3AA1800,
resulting from a drop of 2.0 m (7 ft) onto 3AL1800, 3E1800, or seamless UN
§ 173.40 General packaging requirements
for toxic materials packaged in cylinders. a non-yielding surface, such as concrete cylinders with a minimum test pressure
or steel. Impact must be at an in accordance with P200 of the UN
(a) * * *
orientation most likely to cause damage. Recommendations (IBR, see § 171.7 of
(1) A cylinder must conform to a DOT
(2) Each UN cylinder containing a this subchapter).
specification or a UN standard
Hazard Zone A or Hazard Zone B
prescribed in subpart C of part 178 of * * * * *
material must have a minimum test
this subchapter, except that acetylene ■ 19. In § 173.195, paragraph (a) is
pressure in accordance with P200 of the
cylinders and non-refillable cylinders revised to read as follows:
UN Recommendations (IBR, see § 171.7
are not authorized. The use of UN tubes
of this subchapter). For Hazard Zone A § 173.195 Hydrogen cyanide, anhydrous,
and MEGCs is prohibited for Hazard
gases, the cylinder must have a stabilized (hydrocyanic acid, aqueous
Zone A materials.
minimum wall thickness of 3.5 mm if solution).
(2) The use of a specification 3AL
made of aluminum alloy or 2 mm if (a) Hydrogen cyanide, anhydrous,
cylinder made of aluminum alloy 6351–
made of steel or, alternatively, cylinders stabilized, must be packed in
T6 is prohibited for a Division 2.3
may be packed in a rigid outer specification cylinders or UN pressure
Hazard Zone A material or a Division
packaging that meets the Packing Group receptacles as follows:
6.1 Hazard Zone A material.
(3) A UN composite cylinder certified I performance level when tested as (1) As prescribed in § 173.192;
to ISO–11119–3 is not authorized for a prepared for transport, and that is (2) Specification 3A480, 3A480X,
Division 2.3 Hazard Zone A or B designed and constructed to protect the 3AA480, or 3A1800 metal cylinders of
material. cylinder and valve from puncture or not over 126 kg (278 pounds) water
(4) For UN seamless cylinders used damage that may result in release of the capacity (nominal);
for Hazard Zone A materials, the gas. (3) Shipments in 3AL cylinders are
(e) Interconnection. Cylinders may authorized only when transported by
maximum water capacity is 85 L.
not be manifolded or connected. This highway and rail; or
* * * * * provision does not apply to MEGCs
(b) Outage and pressure requirements. (4) UN cylinders, as specified in part
containing Hazard Zone B materials in 178, with a minimum test pressure of
For DOT specification cylinders, the accordance with § 173.312.
pressure at 55 °C (131 °F) of Hazard 100 bar and a maximum filling ratio of
■ 17. Section 173.163 is revised to read 0.55. The use of UN tubes and MEGCs
Zone A and Hazard Zone B materials
as follows: is not authorized.
may not exceed the service pressure of
jlentini on PROD1PC65 with RULES2

the cylinder. Sufficient outage must be § 173.163 Hydrogen fluoride. * * * * *


provided so that the cylinder will not be (a) Hydrogen fluoride (hydrofluoric ■ 20. In § 173.201, the last entry in
liquid full at 55 °C (131 °F). acid, anhydrous) must be packaged as paragraph (c) is revised to read as
* * * * * follows: follows:

VerDate Aug<31>2005 20:37 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\12JNR2.SGM 12JNR2
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations 33881

§ 173.201 Non-bulk packagings for liquid (c), (d), (j), (k) and (l) are revised to read cylinders made of aluminum alloy
hazardous materials in Packing Group I. as follows: 6351–T6 is prohibited.
(c) * * * * * * * *
Cylinders, specification or UN § 173.301 General requirements for
shipment of compressed gases and other (f) * * *
standard, as prescribed for any
compressed gas, except 3HT and those hazardous materials in cylinders, UN (1) Except as provided in paragraphs
pressure receptacles and spherical (f)(5), (f)(6), and (l)(2) of this section, a
prescribed for acetylene. pressure vessels. cylinder filled with a gas and offered for
■ 21. Section 173.205 is revised to read
(a) General qualifications for use of transportation must be equipped with
as follows:
cylinders. Unless otherwise stated, as one or more pressure relief devices
§ 173.205 Specification cylinders for liquid used in this section, the term ‘‘cylinder’’ sized and selected as to type, location,
hazardous materials. includes a UN pressure receptacle. As and quantity, and tested in accordance
When § 172.101 of this subchapter used in this subpart, filled or charged with CGA S–1.1 and S–7. The CGA S–
specifies that a hazardous material must means an introduction or presence of a 1.1, 2001 edition should be used for
be packaged under this section, the use hazardous material in a cylinder. A DOT specification cylinders and the
of any specification or UN cylinder, cylinder filled with a Class 2 hazardous CGA S–1.1 2003 edition should be used
except those specified for acetylene, is material (gas) and offered for for UN pressure receptacles (compliance
authorized. Cylinders used for toxic transportation must meet the with paragraph 9.1.1.1 of CGA S–1.1 is
materials in Division 6.1 or 2.3 must requirements in this section and not required). The pressure relief device
conform to the requirements of § 173.40. §§ 173.301a through 173.305, as must be capable of preventing rupture of
■ 22. In § 173.226, paragraph (a) is applicable. the normally filled cylinder when
revised to read as follows: (1) Compressed gases must be in UN subjected to a fire test conducted in
pressure receptacles built in accordance accordance with CGA C–14 (IBR, see
§ 173.226 Materials poisonous by with the UN standards or in metal § 171.7 of this subchapter), or, in the
inhalation, Division 6.1, Packing Group I, cylinders and containers built in case of an acetylene cylinder, CGA C–
Hazard Zone A. accordance with the DOT and ICC 12 (IBR, see § 171.7 of this subchapter).
* * * * * specifications and part 178 of this * * * * *
(a) In seamless specification or UN subchapter in effect at the time of
cylinders conforming to the (5) * * *
manufacture, and requalified and (iv) A UN pressure receptacle
requirements of § 173.40. marked as prescribed in subpart C in transported in accordance with
* * * * * part 180 of this subchapter, if paragraph (k) or (l) or this section.
■ 23. In § 173.227, paragraph (a) is applicable. The DOT and ICC
revised to read as follows: specifications authorized for use are as * * * * *
follows: (h) Cylinder valve protection. UN
§ 173.227 Materials poisonous by pressure receptacles must meet the
inhalation, Division 6.1, Packing Group I, * * * * *
valve protection requirements in
Hazard Zone B. (10) Any person who installs a valve
§ 173.301b(f). A DOT specification
(a) In packagings as authorized in into an aluminum cylinder in oxygen
cylinder used to transport a hazardous
§ 173.226 and seamless and welded service must verify the valve and the
material must meet the requirements
specification cylinders or UN seamless cylinder have the same thread type.
specified in this paragraph (h).
cylinders conforming to the * * * * * (1) The following specification
requirements of § 173.40. (c) Toxic gases and mixtures. cylinders are not subject to the cylinder
* * * * * Cylinders containing toxic gases and valve protection requirements in this
■ 24. In § 173.228, the introductory text
toxic gas mixtures meeting the criteria paragraph (h):
is removed and paragraph (a) is revised of Division 2.3 Hazard Zone A or B must
conform to the requirements of § 173.40 * * * * *
to read as follows: (i) Cylinders mounted on motor
and CGA S–1.1 and S–7 (IBR; see
§ 173.228 Bromine pentafluoride or § 171.7 of this subchapter). The CGA S– vehicles or in frames. MEGCs must
bromine trifluoride. 1.1, 2001 edition should be used for conform to the requirements in
(a) Bromine pentafluoride and DOT specification cylinders and the § 173.313. DOT specification cylinders
bromine trifluoride are authorized in CGA S–1.1 2003 edition should be used mounted on motor vehicles or in frames
packagings as follows: for UN pressure receptacles (compliance must conform to the requirements
(1) Specification 3A150, 3AA150, with paragraph 9.1.1.1 of CGA S–1.1 is specified in this paragraph (i). Seamless
3B240, 3BN150, 4B240, 4BA240, not required). A DOT 39 cylinder, UN DOT specification cylinders longer than
4BW240, and 3E1800 cylinders. non-refillable cylinder, or a UN 2 m (6.5 feet) are authorized for
(2) UN cylinders as specified in part composite cylinder certified to ISO– transportation only when horizontally
178 of this subchapter, except acetylene 11119–3 may not be used for a toxic gas mounted on a motor vehicle or in an
cylinders and non-refillable cylinders, or toxic gas mixture meeting the criteria ISO framework or other framework of
with a minimum test pressure of 10 bar for Division 2.3, Hazard Zone A or B. equivalent structural integrity.
and a minimum outage of 8 percent by (d) Gases capable of combining Cylinders may not be transported by rail
volume. The use of UN tubes and chemically. A cylinder may not contain in container on freight car (COFC) or
MEGCs is not authorized. any gas or material capable of trailer on flat car (TOFC) service except
(3) The use of a pressure relief device combining chemically with the under conditions approved by the
is not authorized. cylinder’s contents or with the Associate Administrator for Safety,
* * * * * cylinder’s material construction, so as to Federal Railroad Administration. The
cylinder must be configured as follows:
jlentini on PROD1PC65 with RULES2

■ 25. In § 173.301, paragraphs (a)(10) endanger the cylinder’s serviceability.


and (f)(5)(iv) are added; the section DOT 3AL cylinders made of aluminum * * * * *
heading, paragraph (f)(1), the alloy 6351–T6 may not be filled and (j) Non-specification cylinders in
introductory text to paragraphs (a), offered for transportation with domestic use. Except as provided in
(a)(1), (h), (h)(1), and (i), and paragraphs pyrophoric gases. The use of UN paragraphs (k) and (l) of this section, a

VerDate Aug<31>2005 21:39 Jun 09, 2006 Jkt 208001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\12JNR2.SGM 12JNR2
33882 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

filled cylinder manufactured to other that the cylinder is not equipped with (4) When a strong outer packaging is
than a DOT specification or a UN a pressure relief device may be filled prescribed, for example as provided by
standard in accordance with part 178 of with a gas and offered for transportation paragraph (a)(6) or (g)(1) of this section,
this subchapter, or a DOT exemption or and transported for export if the the UN pressure receptacles must be
special permit cylinder or a cylinder following conditions are met: protected to prevent movement. Unless
used as a fire extinguisher in (i) Each DOT specification cylinder or otherwise specified in this part, more
conformance with § 173.309(a), may not UN pressure receptacle must be plainly than one UN pressure receptacle may be
be transported to, from, or within the and durably marked ‘‘For Export Only’’; enclosed in the strong outer packaging.
United States. (ii) The shipping paper must carry the (b) Individual shut-off valves and
(k) Importation of cylinders for following certification: ‘‘This cylinder pressure relief devices. Except for
discharge within a single port area. A has (These cylinders have) been retested Division 2.2 permanent gases, each UN
cylinder manufactured to other than a and refilled in accordance with the DOT pressure receptacle must be equipped
DOT specification or UN standard in requirements for export.’’; and with an individual shutoff valve that
accordance with part 178 of this (iii) The emergency response must be tightly closed while in transit.
subchapter and certified as being in information provided with the shipment Each UN pressure receptacle must be
conformance with the transportation and available from the emergency individually equipped with a pressure
regulations of another country may be response telephone contact person must relief device as prescribed by
authorized, upon written request to and indicate that the pressure receptacles § 173.301(f), except that pressure relief
approval by the Associate are not fitted with pressure relief devices on bundles of cylinders or
Administrator, for transportation within devices and provide appropriate manifolded horizontal cylinders must
a single port area, provided– guidance for exposure to fire. have a set-to-discharge pressure that is
(1) The cylinder is transported in a based on the lowest marked pressure of
* * * * *
closed freight container; any cylinder in the bundle or
(2) The cylinder is certified by the ■ 26. Section 173.301b is added to read
manifolded unit.
importer to provide a level of safety at as follows:
(c) Pressure receptacle valve
least equivalent to that required by the § 173.301b Additional general requirements. (1) When the use of a
regulations in this subchapter for a requirements for shipment of UN pressure valve is prescribed, the valve must
comparable DOT specification or UN receptacles. conform to the requirements in ISO
cylinder; and 10297 (IBR, see § 171.7 of this
(a) General. The requirements of this
(3) The cylinder is not refilled for subchapter).
section are in addition to the
export unless in compliance with
requirements in § 173.301 and apply to (2) A UN pressure receptacle must
paragraph (l) of this section.
the shipment of gases in UN pressure have its valves protected from damage
(l) Filling of cylinders for export. (1)
receptacles. A UN pressure receptacle, that could cause inadvertent release of
A cylinder not manufactured, inspected,
including closures, must conform to the the contents of the UN pressure
tested and marked in accordance with
design, construction, inspection and receptacle by one of the following
part 178 of this subchapter, or a cylinder
testing requirements specified in parts methods:
manufactured to other than a UN
standard, DOT specification, exemption 178 and 180 of this subchapter, as (i) By constructing the pressure
or special permit, may be filled with a applicable. Bundles of cylinders must receptacle so that the valves are
gas in the United States and offered for conform to the requirements in recessed inside the neck of the UN
transportation and transported for § 178.70(e) of this subchapter. pressure receptacle and protected by a
export or alternatively, for use on board (1) A UN pressure receptacle may not threaded plug or cap;
a vessel, if the following conditions are be filled and offered for transportation (ii) By equipping the UN pressure
met: when damaged to such an extent that receptacle with a valve cap conforming
(i) The cylinder has been requalified the integrity of the UN pressure to the requirements in ISO 11117 (IBR,
and marked with the month and year of receptacle or its service equipment may see § 171.7 of this subchapter). The cap
requalification in accordance with be affected. Prior to filling, the service must have vent-holes of sufficient cross-
subpart C of part 180 of this subchapter, equipment must be examined and found sectional area to evacuate the gas if
or has been requalified as authorized by to be in good working condition (see leakage occurs at the valve;
the Associate Administrator; § 178.70(d) of this subchapter). In (iii) By protecting the valves by
(ii) In addition to other requirements addition, the required markings must be shrouds or guards conforming to the
of this subchapter, the maximum filling legible on the pressure receptacle. requirements in ISO 11117;
density, service pressure, and pressure (2) The gases or gas mixtures must be (iv) By using valves designed and
relief device for each cylinder conform compatible with the UN pressure constructed with sufficient inherent
to the requirements of this part for the receptacle and valve materials as strength to withstand damage in
gas involved; and prescribed for metallic materials in ISO accordance with Annex B of ISO 10297;
(iii) The bill of lading or other 11114–1 (IBR, see § 171.7 of this (v) By enclosing the UN pressure
shipping paper identifies the cylinder subchapter) and for non-metallic receptacles in frames, e.g., bundles of
and includes the following certification: materials in ISO 11114–2 (IBR, see cylinders; or
‘‘This cylinder has (These cylinders § 171.7 of this subchapter). (vi) By packing the UN pressure
have) been qualified, as required, and (3) A refillable UN pressure receptacle receptacles in a strong outer package,
filled in accordance with the DOT may not be filled with a gas or gas such as a box or crate, capable of
requirements for export.’’ mixture different from that previously meeting the drop test specified in
(2) A DOT specification or a UN contained in the UN pressure receptacle § 178.603 of this subchapter at the
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cylinder manufactured, inspected, unless the necessary operations for Packing Group I performance level.
tested and marked in accordance with change of gas service have been (d) Non-refillable UN pressure
part 178 of this subchapter and performed in accordance with ISO receptacles. Non-refillable UN pressure
otherwise conforms to the requirements 11621 (IBR, see § 171.7 of this receptacles must conform to the
of this part for the gas involved, except subchapter). following requirements:

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(1) The receptacles must be same time must be tested for oil °F) except, if the gas is dry and sulfur-
transported as an inner package of a contamination in accordance with free, the settled pressure may not exceed
combination package; Federal Specification RR–C–901D, l⁄2 of the marked test pressure.

(2) The receptacle must have a water paragraph 4.3.2, and meet the specified ■ 29. In § 173.303, paragraph (b) is
capacity not exceeding 1.25 L when standard of cleanliness. revised and (f) is added to read as
used for a flammable or toxic gas; and * * * * * follows:
(3) The receptacle is prohibited for
■ 28. Section 173.302b is added to read
Hazard Zone A material. § 173.303 Filling of cylinders with
as follows: compressed gas in solution (acetylene).
(e) Pyrophoric gases. A UN pressure
receptacle must have valves equipped § 173.302b Additional requirements for * * * * *
with gas-tight plugs or caps when used shipment of non-liquefied (permanent) (b) Filling limits. For DOT
for pyrophoric or flammable mixtures of compressed gases in UN pressure specification cylinders, the pressure in
gases containing more than 1% receptacles. the cylinder containing acetylene gas
pyrophoric compounds. (a) General. A cylinder filled with a may not exceed 250 psig at 70 °F. If
(f) Hydrogen bearing gases. A steel non-liquefied gas must be offered for cylinders are marked for a lower
UN pressure receptacle bearing an ‘‘H’’ transportation in UN pressure allowable charging pressure at 70 °F.,
mark must be used for hydrogen bearing receptacles subject to the requirements that pressure must not be exceeded. For
gases or other embrittling gases that in this section and § 173.302. In UN cylinders, the pressure in the
have the potential of causing hydrogen addition, the requirements in §§ 173.301 cylinder may not exceed the limits
embrittlement. and 173.301b must be met. specified in § 173.304b(b)(2).
(g) Composite cylinders in underwater (b) UN pressure receptacles filling * * * * *
use. A composite cylinder certified to limits. A UN pressure receptacle is (f) UN cylinders. (1) UN cylinders and
ISO–11119–2 or ISO–11119–3 may not authorized for the transportation of non- bundles of cylinders are authorized for
be used for underwater applications liquefied compressed gases as specified the transport of acetylene gas as
unless the cylinder is manufactured in in this section. Except where filling specified in this section. Each UN
accordance with the requirements for limits are specifically prescribed in this acetylene cylinder must conform to ISO
underwater use and is marked ‘‘UW’’ as section, the working pressure of a UN 3807–2 (IBR, see § 171.7 of this
prescribed in § 178.71(o)(17) of this pressure receptacle may not exceed 2⁄3 subchapter), have a homogeneous
subchapter. of the test pressure of the receptacle. monolithic porous mass filler and be
■ 27. In § 173.302, the introductory text Alternatively, the filling limits specified charged with acetone or a suitable
to paragraph (a) and paragraph (b)(2) for non-liquefied gases in Table 1 of solvent as specified in the standard. UN
and (b)(3) are revised to read as follows: P200 of the UN Recommendations (IBR, acetylene cylinders must have a
see § 171.7 of this subchapter) are minimum test pressure of 52 bar and
§ 173.302 Filling of cylinders with non- authorized. In no case may the internal
liquefied (permanent) compressed gases. may be filled up to the pressure limits
pressure at 65 °C (149 °F) exceed the test specified in ISO 3807–2. The use of UN
(a) General requirements. A cylinder pressure. tubes and MEGCs is not authorized.
filled with a non-liquefied compressed (c) Fluorine, compressed, UN 1045 (2) UN cylinders equipped with
gas (except gas in solution) must be and Oxygen diflouride, compressed, UN pressure relief devices or that are
offered for transportation in accordance 2190. Fluorine, compressed and Oxygen manifolded together must be
with the requirements of this section difluoride, compressed must be transported upright.
and § 173.301. In addition, a DOT packaged in a UN pressure receptacle ■ 30. In § 173.304, the introductory text
specification cylinder must meet the with a minimum test pressure of 200 bar in paragraph (a) is revised to read as
requirements in §§ 173.301a, 173.302a and a maximum working pressure not to follows:
and 173.305, as applicable. UN pressure exceed 30 bar. A UN pressure receptacle
receptacles must meet the requirements made of aluminum alloy is not § 173.304 Filling of cylinders with liquefied
in §§ 173.301b and 173.302b, as authorized. The maximum quantity of compressed gases.
applicable. Where more than one gas authorized in each UN pressure (a) General requirements. A cylinder
section applies to a cylinder, the most receptacle is 5 kg. filled with a liquefied compressed gas
restrictive requirements must be (d) Diborane and diborane mixtures, (except gas in solution) must be offered
followed. UN 1911. Diborane and diborane for transportation in accordance with
* * * * * mixtures must be packaged in a UN the requirements of this section and the
(b) * * * pressure receptacle with a minimum general requirements in § 173.301. In
(2) Except for UN cylinders, each test pressure of 250 bar and a maximum addition, a DOT specification cylinder
cylinder opening must be configured filling ratio dependent on the test must meet the requirement in
with straight threads only. pressure not to exceed 0.07. Filling §§ 173.301a, 173.304a, and 173.305, as
(3) Each UN pressure receptacle must should be further limited so that if applicable. UN pressure receptacles
be cleaned in accordance with the complete decomposition of diborane must be shipped in accordance with the
requirements of ISO 11621 (IBR, see occurs, the pressure of diborane or requirements in 173.301b and 173.304b,
§ 171.7 or this subchapter). Each DOT diborane mixtures will not exceed the as applicable.
cylinder must be cleaned in accordance working pressure of the cylinder. The * * * * *
with the requirements of GSA Federal use of UN tubes and MEGCs is not ■ 31. Section 173.304b is added to read
Specification RR–C–901D, paragraphs authorized. as follows:
3.3.1 and 3.3.2 (IBR, see § 171.7 of this (e) Carbon monoxide, compressed UN
subchapter). Cleaning agents equivalent 1016. Carbon monoxide, compressed is § 173.304b Additional requirements for
jlentini on PROD1PC65 with RULES2

to those specified in Federal authorized in UN pressure receptacles. shipment of liquefied compressed gases in
Specification RR–C–901D may be used The settled pressure in a steel pressure UN pressure receptacles.
provided they do not react with oxygen. receptacle containing carbon monoxide (a) General. Liquefied gases and gas
One cylinder selected at random from a may not exceed 1⁄3 of the pressure mixtures must be offered for
group of 200 or fewer and cleaned at the receptacle’s test pressure at 65 °C (149 transportation in UN pressure

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33884 Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations

receptacles subject to the requirements P200 of the UN Recommendations (IBR, or greater than the vapor pressure of the
in this section and § 173.304. In see § 171.7 of this subchapter). liquid at 65 °C.
addition, the general requirements Alternatively, the maximum allowable (3) For high pressure liquefied gases
applicable to UN pressure receptacles in filling limits may be determined as or gas mixtures, the maximum filling
§§ 173.301 and 173.301b must be met. follows: ratio may be determined using the
(b) UN pressure receptacle filling (1) For high pressure liquefied gases, formulas in (3)(b) of P200 of the UN
limits. A UN pressure receptacle is Recommendations.
in no case may the filling ratio of the
authorized for the transportation of (4) For low pressure liquefied gases or
settled pressure at 65 °C (149 °F) exceed
liquefied compressed gases and gas gas mixtures, the maximum filling ratio
the test pressure of the UN pressure
mixtures as specified in this section. may be determined using the formulas
receptacle.
When a liquefied compressed gas or gas in (3)(c) of P200 of the UN
mixture is transported in a UN pressure (2) For low pressure liquefied gases, Recommendations.
receptacle, the filling ratio may not the filling factor (maximum mass of (c) Special filling limits.
exceed the maximum filling ratio (FR) contents per liter of water capacity) Notwithstanding the numerical values
prescribed in this section and the must be less than or equal to 95 percent shown in Table 2 of P200, the maximum
applicable ISO standard. Compliance of the liquid phase at 50 °C. In addition, allowable filling limits authorized for
with the filling limits may be the UN pressure receptacle may not be the following gases in UN pressure
determined by referencing the liquid full at 60 °C. The test pressure of receptacles must be in accordance with
numerical values and data in Table 2 of the pressure receptacle must be equal to the following table:

Identifica- P–200 filling HMR filling


Proper shipping name
tion No. limit limit

UN1020 ... Chloropentafluoroethane or Refrigerant gas R 115 .......................................................................... 1.08 1.05


UN1048 ... Hydrogen bromide ............................................................................................................................. 1.54 1.51
UN1973 ... Chlorodifluoromethane and chloropentafluoroethane mixture or Refrigerant gas R 502 ................. 1.05 1.01
UN1976 ... Octafluorocyclobutane, or Refrigerant gas RC 318 .......................................................................... 1.34 1.32
UN1982 ... Tetrafluoromethane or Refrigerant gas R 14 .................................................................................... 0.94 0.90
UN2035 ... 1,1,1-Trifluoroethane, or Refrigerant gas R 143a ............................................................................. 0.75 0.73
UN2192 ... Germane ............................................................................................................................................ 1.02 1.00
UN2198 ... Phosphorous Pentafluoride ............................................................................................................... 1.34 1.25
UN2424 ... Octafluoropropane or Refrigerant gas R 218 .................................................................................... 1.09 1.04
UN2599 ... Chlorotrifluoromethane and trifuoromethane azeotropic mixture or Refrigerant gas R 503 ............. 0.20, 0.66 0.17, 0.64

(d) Tetraflouroethylene, stabilized, requalification, as prescribed in subpart (2) After each filling, the shipper must
UN1081 must be packaged in a pressure C to part 180 of this subchapter. verify the leakproofness of the closures
receptacle with a minimum test However, this restriction does not and equipment. Each fill opening must
pressure of 200 bar and a working preclude transportation of pressure be closed by a cap or plug.
pressure not exceeding 5 bar. receptacles filled and offered for (c) Damage protection. During
(e) Fertilizer ammoniating solution transportation prior to the transportation, a MEGC must be
with free ammonia, UN1043 is not requalification due date. protected against damage to the pressure
authorized in UN tubes or MEGCs. (5) Prior to filling and offering a receptacles and service equipment
■ 32. Section 173.312 is added to read MEGC for transportation, the MEGC’s resulting from lateral and longitudinal
as follows: structural and service equipment must impact and overturning as prescribed in
be visually inspected. Any unsafe § 178.75 of this subchapter.
§ 173.312 Requirements for shipment of ■ 33. In § 173.323, the first sentence in
MEGCs. condition must be corrected before the
MEGC is offered for transportation. All paragraph (b)(2) is revised to read as
(a) General requirements. (1) Unless follows:
required markings must be legible.
otherwise specified, a MEGC is
authorized for the shipment of liquefied (6) Except for Division 2.2 permanent § 173.323 Ethylene oxide.
and non-liquefied compressed gases. gases, each pressure receptacle must be * * * * *
Each pressure receptacle contained in a equipped with an individual shutoff (b) * * *
MEGC must meet the requirements in valve that must be tightly closed while (2) In specification cylinders or UN
§§ 173.301, 173.301b, 173.302b and in transit. For Division 2.1, Division 2.2 pressure receptacles, as authorized for
173.304b, as applicable. liquefied gases and 2.3 gases, the any compressed gas except
(2) The MEGC must conform to the manifold must be designed so that each acetylene.* * *
design, construction, inspection and pressure receptacle can be filled * * * * *
testing requirements prescribed in separately and be kept isolated by a
■ 34. In § 173.334, the introductory text
§ 178.75 of this subchapter. valve capable of being closed during
to paragraph (a) is revised to read as
(3) No person may offer or accept a transit. For Division 2.1 gases, the
follows:
hazardous material for transportation in pressure receptacles must be isolated by
a MEGC that is damaged to such an a valve into assemblies of not more than § 173.334 Organic phosphates mixed with
extent that the integrity of the pressure 3,000 L. compressed gas.
receptacles or the MEGC’s structural or (b) Filling. (1) A MEGC may not be * * * * *
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service equipment may be affected. filled to a pressure greater than the (a) Hexaethyl tetraphosphate,
(4) No person may fill or offer for lowest marked working pressure of any parathion, tetraethyl dithio
transportation a pressure receptacle in a pressure receptacle. A MEGC may not pyrophosphate, tetraethyl
MEGC if the pressure receptacle or the be filled above its marked maximum pyrophosphate, or other Division 6.1
MEGC is due for periodic permissible gross mass. organic phosphates (including a

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compound or mixture), may be mixed cylinder must not exceed 50 bar. The Associate Administrator may perform
with a non-flammable compressed gas. pressure in the cylinder at 65 °C (149 °F) periodic audits to ensure that the
This mixture may not contain more than may not exceed the test pressure. The manufacturer operates in accordance
20 percent by weight of an organic use of UN tubes and MEGCs is not with the quality system. Reports of
phosphate and must be packaged in authorized. periodic audits will be provided to the
DOT 3A240, 3AA240, 3B240, 4A240, (3) Valves. Cylinders must be manufacturer. The manufacturer must
4B240, 4BA240, 4BW240 or UN equipped with a stainless steel valve bear the cost of audits.
cylinders meeting all of the following and valve seat that will not deteriorate (2) Quality system documentation.
requirements: in contact with nitric oxide. Cylinders The manufacturer must be able to
* * * * * or valves may not be equipped with demonstrate a documented quality
■ 35. Section 173.336 is revised to read
pressure relief devices of any type. system. Management must review the
(b) Each UN cylinder must be cleaned adequacy of the quality system to assure
as follows:
in accordance with the requirements of that it is effective and conforms to the
§ 173.336 Nitrogen dioxide, liquefied, or ISO 11621 (IBR, see § 171.7 of this requirements in § 178.70. The quality
dinitrogen tetroxide, liquefied. subchapter). Each DOT specification system records must be in English and
(a) Nitrogen dioxide, liquefied, or cylinder must be cleaned in compliance must include detailed descriptions of
dinitrogen tetroxide, liquefied, must be with the requirements of GSA Federal the following:
packaged in specification or UN Specification RR–C–901D, paragraphs (i) The organizational structure and
cylinders as prescribed in § 173.192, 3.3.1 and 3.3.2 (IBR, see § 171.7 of this responsibilities of personnel with regard
except valves are not authorized. UN subchapter). Cleaning agents equivalent to design and product quality;
tubes and MEGCs are not authorized for to those specified in Federal (ii) The design control and design
use. Cylinders must be equipped with a Specification RR–C–901D may be used; verification techniques, processes, and
stainless steel valve and valve seat that however, any cleaning agent must not procedures used when designing the
will not deteriorate in contact with be capable of reacting with oxygen. One pressure receptacles;
nitrogen dioxide. Each valve opening cylinder selected at random from a (iii) The relevant procedures for
must be closed by a solid metal plug group of 200 or fewer and cleaned at the pressure receptacle manufacturing,
with tapered thread properly luted to same time must be tested for oil quality control, quality assurance, and
prevent leakage. Transportation in DOT contamination in accordance with process operation instructions;
3AL cylinders is authorized only by Federal Specification RR–C–901D (iv) Inspection and testing
highway and rail. paragraph 4.3.2 and meet the standard methodologies, measuring and testing
(b) Each UN pressure receptacle must of cleanliness specified therein. equipment, and calibration data;
be cleaned in accordance with the (v) The process for meeting customer
requirements of ISO 11621 (IBR, see PART 178—SPECIFICATIONS FOR requirements;
§ 171.7 of this subchapter). Each DOT PACKAGINGS (vi) The process for document control
specification cylinder must be cleaned and document revision;
according to the requirements of GSA ■ 37. The authority citation for part 178 (vii) The system for controlling non-
Federal Specification RR–C–901D, continues to read as follows: conforming material and records,
paragraphs 3.3.1 and 3.3.2 (IBR, see Authority: 49 U.S.C. 5101–5128; 49 CFR including procedures for identification,
§ 171.7 of this subchapter). Cleaning 1.53. segregation, and disposition;
agents equivalent to those specified in ■ 38. Section 178.69 is added to read as (viii) Production, processing and
RR–C–901D may be used; however, any follows: fabrication, including purchased
cleaning agent must not be capable of components, in-process and final
reacting with oxygen. One cylinder § 178.69 Responsibilities and materials; and
selected at random from a group of 200 requirements for manufacturers of UN (ix) Training programs for relevant
or fewer and cleaned at the same time pressure receptacles. personnel.
must be tested for oil contamination in (a) Each manufacturer of a UN (3) Maintenance of quality system.
accordance with Specification RR–C– pressure receptacle marked with ‘‘USA’’ The manufacturer must maintain the
901D, paragraph 4.3.2 (IBR, see § 171.7 as a country of approval must comply quality system as approved by the
of this subchapter) and meet the with the requirements in this section. Associate Administrator. The
standard of cleanliness specified The manufacturer must maintain a manufacturer shall notify the Associate
therein. quality system, obtain an approval for Administrator of any intended changes
■ 36. Section 173.337 is revised to read
each initial pressure receptacle design to the approved quality system prior to
as follows: type, and ensure that all production of making the change. The Associate
UN pressure receptacles meets the Administrator will evaluate the
§ 173.337 Nitric oxide. applicable requirements. proposed change to determine whether
(a) Nitric oxide must be packaged in (1) Quality system. The manufacturer the amended quality system will satisfy
cylinders conforming to the of a UN pressure receptacle must have the requirements. The Associate
requirements of § 173.40 and as follows: its quality system approved by the Administrator will notify the
(1) DOT specification cylinder. In a Associate Administrator. The quality manufacturer of the findings.
DOT 3A1800, 3AA1800, 3E1800, or system will initially be assessed through (b) Design type approvals. The
3AL1800 cylinder. A DOT specification an audit by the Associate Administrator manufacturer must have each pressure
cylinder must be charged to a pressure or his or her representative to determine receptacle design type reviewed by an
of not more than 5,170 kPa (750 psi) at whether it meets the requirements of IIA and approved by the Associate
21 °C (70 °F). Transportation of nitric this section. The Associate Administrator in accordance with
jlentini on PROD1PC65 with RULES2

oxide in a DOT 3AL is cylinder is Administrator will notify the § 178.70. A cylinder is considered to be
authorized only by highway and rail. manufacturer in writing of the results of of a new design, compared with an
(2) UN cylinder. In a UN cylinder with the audit. The notification will contain existing approved design, as stated in
a minimum test pressure of 200 bar. The the conclusions of the audit and any the applicable ISO design, construction
maximum working pressure of the corrective action required. The and testing standard.

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(c) Production inspection and certificate and documentation to the test data to the Associate Administrator
certification. The manufacturer must manufacturer. before production. An audit may be
ensure that each UN pressure receptacle (c) Application for initial design type required as part of the process to modify
is inspected and certified in accordance approval. If the pre-audit is found an approval.
with § 178.71. satisfactory by the IIA, the manufacturer (e) Responsibilities of the production
■ 39. Section 178.70 is added to read as will submit the letter of IIA. The production IIA is responsible
follows: recommendation from the IIA and an for ensuring that each pressure
application for design type approval to receptacle conforms to the design type
§ 178.70 Approval of UN pressure the Associate Administrator. An approval. The production IIA must
receptacles. application for initial design type perform the following functions:
(a) Initial design-type approval. The approval must be submitted for each (1) Witness all inspections and tests
manufacturer of a UN pressure manufacturing facility. The application specified in the UN pressure receptacle
receptacle must obtain an initial design must be in English and, at a minimum, standard to ensure compliance with the
type approval from the Associate contain the following information: standard and that the procedures
Administrator. The initial design type (1) The name and address of the adopted by the manufacturer meet the
approval must be of the pressure manufacturing facility. If the application requirements of the standard;
receptacle design as it is intended to be is submitted by an authorized (2) Verify that the production
produced. The manufacturer must representative on behalf of the inspections were performed in
arrange for an IIA, approved by the manufacturer, the application must accordance with this section;
Associate Administrator in accordance include the representative’s name and (3) Select UN pressure receptacles
with subpart I of part 107 of this address. from a prototype production lot and
chapter, to perform a pre-audit of its (2) The name and title of the witness testing as required for the
pressure receptacle manufacturing individual responsible for the design type approval;
operation prior to having an audit manufacturer’s quality system, as (4) Ensure that the various type
conducted by the Associate required by § 178.69. approval examinations and tests are
Administrator or his designee. (3) The designation of the pressure performed accurately;
(b) IIA pre-audit. The manufacturer receptacle and the relevant pressure (5) Verify that each pressure
must submit an application for initial receptacle standard. receptacle is marked in accordance with
design type approval to the IIA for (4) Details of any refusal of approval the applicable requirements in § 178.72;
review. The IIA will examine the of a similar application by a designated and
manufacturer’s application for initial approval agency of another country. (6) Furnish complete test reports to
design type approval for completeness. (5) The name and address of the the manufacturer and upon request to
An incomplete application will be production IIA that will perform the the purchaser. The test reports and
returned to the manufacturer with an functions prescribed in paragraph (e) of certificate of compliance must be
explanation. If an application is this section. The IIA must be approved retained by the IIA for at least 20 years
complete, the IIA will review all in writing by the Associate from the original test date of the
technical documentation, including Administrator in accordance with pressure receptacles.
drawings and calculations, to verify that subpart I of part 107 of this chapter. (f) Production inspection audit and
the design meets all requirements of the (6) Documentation on the certification. (1) If the application,
applicable UN pressure receptacle manufacturing facility as specified in design drawing and quality control
standard and specification § 178.69. documents are found satisfactory,
requirements. If the technical (7) Design specifications and PHMSA will schedule an on-site audit
documentation shows that the pressure manufacturing drawings, showing of the pressure receptacle
receptacle prototype design conforms to components and subassemblies if manufacturer’s quality system,
the applicable standards and relevant, design calculations, and manufacturing processes, inspections,
requirements in § 178.70, the material specifications necessary to and test procedures.
manufacturer will fabricate a prototype verify compliance with the applicable (2) During the audit, the manufacturer
lot of pressure receptacles in pressure receptacle design standard. will be required to produce pressure
conformance with the technical (8) Manufacturing procedures and any receptacles to the technical standards
documentation representative of the applicable standards that describe in for which approval is sought.
design. The IIA will verify that the detail the manufacturing processes and (3) The production IIA must witness
prototype lot conforms to the applicable control. the required inspections and
requirements by selecting pressure (9) Design type approval test reports verifications on the pressure receptacles
receptacles and witnessing their testing. detailing the results of examinations during the production run. The IIA
After prototype testing has been and tests conducted in accordance with selected by the manufacturer for
satisfactorily completed, showing the the relevant pressure receptacle production inspection and testing may
pressure receptacles fully conform to all standard, to include any additional data, be different from the IIA who performed
applicable specification requirements, such as suitability for underwater the design type approval verifications.
the certifying IIA must prepare a letter applications or compatibility with (4) If the procedures and controls are
of recommendation and a design type hydrogen embrittlement gases. deemed acceptable, test sample pressure
approval certificate. The design type (d) Modification of approved pressure receptacles will be selected at random
approval certificate must contain the receptacle design type. Modification of from the production lot and sent to a
name and address of the manufacturer an approved UN pressure receptacle laboratory designated by the Associate
and the IIA certifying the design type, design type is not authorized without Administrator for verification testing.
jlentini on PROD1PC65 with RULES2

the test results, chemical analyses, lot the approval of the Associate (5) If the pressure receptacle test
identification, and all other supporting Administrator. A manufacturer seeking samples are found to conform to all the
data specified in the applicable ISO modification of an approved UN applicable requirements, the Associate
design, construction and testing pressure receptacle design type may be Administrator will issue approvals to
standard. The IIA must provide the required to submit design qualification the manufacturer and the production

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IIA to authorize the manufacture of the (i) Written notice of the facts or conform to the requirements in part 178
pressure receptacles. The approved conduct believed to warrant the of this subchapter.
design type approval certificate will be withdrawal; (d) Service equipment. (1) Except for
returned to the manufacturer. (ii) Opportunity to submit oral and pressure relief devices, UN pressure
(6) Upon the receipt of the approved written evidence, and receptacle equipment, including valves,
design type approval certificate from the (iii) Opportunity to demonstrate or piping, fittings, and other equipment
Associate Administrator, the pressure achieve compliance with the subjected to pressure must be designed
receptacle manufacturer must sign the application requirement. and constructed to withstand at least 1.5
certificate. (3) If the Associate Administrator times the test pressure of the pressure
determines that a certificate of approval receptacle.
(g) Recordkeeping. The production
must be withdrawn to preclude a (2) Service equipment must be
IIA and the manufacturer must retain a
significant and imminent adverse affect configured or designed to prevent
copy of the design type approval
on public safety, the procedures in damage that could result in the release
certificate and certificate of compliance
paragraph (j)(2)(ii) and (iii) of this of the pressure receptacle contents
records for at least 20 years.
section need not be provided prior to during normal conditions of handling
(h) Denial of design type application. withdrawal of the approval, but shall be and transport. Manifold piping leading
If the design type application is denied, provided as soon as practicable to shut-off valves must be sufficiently
the Associate Administrator will notify thereafter. flexible to protect the valves and the
the applicant in writing and provide the piping from shearing or releasing the
■ 40. Section 178.71 is added to read as
reason for the denial. The manufacturer pressure receptacle contents. The filling
follows:
may request that the Associate and discharge valves and any protective
Administrator reconsider the decision. § 178.71. Specifications for UN pressure caps must be secured against
The application request must— receptacles.
unintended opening. The valves must
(1) Be written in English and filed (a) General. Each UN pressure conform to ISO 10297 (IBR, see § 171.7
within 60 days of receipt of the receptacle must meet the requirements of this subchapter) and be protected as
decision; of this section. Requirements for specified in § 173.301b(f) of this
(2) State in detail any alleged errors of approval, qualification, maintenance, subchapter.
fact and law; and and testing are contained in § 178.70, (3) UN pressure receptacles that
(3) Enclose any additional and subpart C of part 180 of this cannot be handled manually or rolled,
information needed to support the subchapter. must be equipped with devices (e.g.
request to reconsider. (b) Definitions. The following skids, rings, straps) ensuring that they
definitions apply for the purposes of can be safely handled by mechanical
(i) Appeal. (1) A manufacturer whose
design and construction of UN pressure means and so arranged as not to impair
reconsideration request is denied may
receptacles under this subpart: the strength of, nor cause undue
appeal to the PHMSA Administrator. Alternative arrangement means an
The appeal must— stresses, in the pressure receptacle.
approval granted by the Associate (4) Pressure receptacles filled by
(i) Be written in English and filed Administrator for a MEGC that has been
within 60 days of receipt of the volume must be equipped with a level
designed, constructed or tested to the indicator.
Associate Administrator’s decision on technical requirements or testing
reconsideration; (e) Bundles of cylinders. UN pressure
methods other than those specified for receptacles assembled in bundles must
(ii) State in detail any alleged errors UN pressure receptacles in part 178 or
of fact and law; be structurally supported and held
part 180 of this subchapter. together as a unit and secured in a
(iii) Enclose any additional Bundle of cylinders. See § 171.8 of manner that prevents movement in
information needed to support the this subchapter. relation to the structural assembly and
appeal; and Design type means a pressure
movement that would result in the
(iv) State in detail the modification of receptacle design as specified by a
concentration of harmful local stresses.
the final decision sought. particular pressure receptacle standard.
Design type approval means an The frame design must ensure stability
(2) The PHMSA Administrator will under normal operating conditions.
grant or deny the relief and inform the overall approval of the manufacturer’s
quality system and design type of each (1) The frame must securely retain all
appellant in writing of the decision. the components of the bundle and must
PHMSA Administrator’s decision is the pressure receptacle to be produced
within the manufacturer’s facility. protect them from damage during
final administrative action. conditions normally incident to
UN tube. See § 171.8 of this
(j) Termination of a design type transportation. The method of cylinder
subchapter.
approval certificate. (1) The Associate (c) General design and construction. restraint must prevent any vertical or
Administrator may terminate an UN pressure receptacles and their horizontal movement or rotation of the
approval certificate issue under this closures must be designed, cylinder that could cause undue strain
section if it is determined that, because manufactured, tested and equipped in on the manifold. The total assembly
of a change in circumstances, the accordance with the requirements must be able to withstand rough
approval no longer is needed or no contained in this section. handling, including being dropped or
longer would be granted if applied for; (1) Following the final heat treatment, overturned.
information upon which the approval all cylinders, except those selected for (2) The frame must include features
was based is fraudulent or substantially batch testing must be subjected to a designed for the handling and
erroneous; or termination of the hydraulic volumetric expansion test. transportation of the bundle. The lifting
approval is necessary to adequately (2) The standard requirements rings must be designed to withstand a
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protect against risks to life and property. applicable to UN pressure receptacles design load of 2 times the maximum
(2) Before an approval is terminated, may be varied only if approved in gross weight. Bundles with more than
the Associate Administrator will writing by the Associate Administrator. one lifting ring must be designed such
provide the manufacturer and the (3) The test pressure of UN cylinders, that a minimum sling angle of 45
approval agency— tubes, and bundles of cylinders must degrees to the horizontal can be

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achieved during lifting using the lifting aluminum alloy cylinders. In addition to cylinders with load-sharing metal liners.
rings. If four lifting rings are used, their the general requirements of this section, (IBR, see § 171.7 of this subchapter).
design must be strong enough to allow UN refillable seamless aluminum (iii) ISO 11119–3: Gas cylinders of
the bundle to be lifted by two rings. cylinders must conform to ISO 7866: composite construction—Specification
Where two or four lifting rings are used, Gas cylinders—Refillable seamless and test methods—Part 3: Fully
diametrically opposite lifting rings must aluminum alloy gas cylinders—Design, wrapped fibre reinforced composite gas
be aligned with each other to allow for construction and testing. (IBR, see
cylinders with non-load sharing
correct lifting using shackle pins. If the § 171.7 of this subchapter). The use of
metallic or non-metallic liners. (IBR, see
bundle is filled with forklift pockets, it Aluminum alloy 6351-T6 or equivalent
§ 171.7 of this subchapter).
must contain two forklift pockets on is prohibited.
each side from which it is to be lifted. (i) Design and construction (2) ISO 11119–2 and ISO 11119–3 gas
The forklift pockets must be positioned requirements for UN non-refillable cylinders of composite construction
symmetrically consistent with the metal cylinders. In addition to the manufactured in accordance with the
bundle center of gravity. general requirements of this section, UN requirements for underwater breathing
(3) The frame structural members non-refillable metal cylinders must applications must bear the ‘‘UW’’ mark.
must be designed for a vertical load of conform to ISO 11118: Gas cylinders— (m) Material compatibility. In
2 times the maximum gross weight of Non-refillable metallic gas cylinders— addition to the material requirements
the bundle. Design stress levels may not Specification and test methods. (IBR, specified in the UN pressure receptacle
exceed 0.9 times the yield strength of see § 171.7 of this subchapter.)
design and construction ISO standards,
the material. (j) Design and construction
(4) The frame may not contain any requirements for UN refillable seamless and any restrictions specified in part
protrusions from the exterior frame steel tubes. In addition to the general 173 for the gases to be transported, the
structure that could cause a hazardous requirements of this section, UN requirements of the following standards
condition. refillable seamless steel tubes must must be applied with respect to material
(5) The frame design must prevent conform to ISO 11120: Gas cylinders— compatibility:
collection of water or other debris that Refillable seamless steel tubes of water (1) ISO 11114–1: Transportable gas
would increase the tare weight of capacity between 150 L and 3000 L— cylinders—Compatibility of cylinder
bundles filled by weight. Design, construction and testing. (IBR, and valve materials with gas contents—
(6) The floor of the bundle frame must see § 171.7 of this subchapter). Part 1: Metallic materials. (IBR, see
not buckle during normal operating (k) Design and construction § 171.7 of this subchapter).
conditions and must allow for the requirements for UN acetylene
drainage of water and debris from (2) ISO 11114–2: Transportable gas
cylinders. In addition to the general
around the base of the cylinders. requirements of this section, UN cylinders—Compatibility of cylinder
(7) If the frame design includes acetylene cylinders must conform to the and valve materials with gas contents—
movable doors or covers, they must be following ISO standards, as applicable: Part 2: Non-metallic materials. (IBR, see
capable of being secured with latches or (1) For the cylinder shell: § 171.7 of this subchapter).
other means that will not become (i) ISO 9809–1: Gas cylinders— (n) Protection of closures. Closures
dislodged by operational impact loads. Refillable seamless steel gas cylinders— and their protection must conform to
Valves that need to be operated in Design, construction and testing—Part the requirements in § 173.301(f) of this
normal service or in an emergency must 1: Quenched and tempered steel subchapter.
be accessible. cylinders with tensile strength less than
(g) Design and construction (o) Marking of UN refillable pressure
1 100 MPa.
requirements for UN refillable seamless (ii) ISO 9809–3: Gas cylinders— receptacles. UN refillable pressure
steel cylinders. In addition to the Refillable seamless steel gas cylinders— receptacles must be marked clearly and
general requirements of this section, UN Design, construction and testing—Part legibly. The required markings must be
refillable seamless steel cylinders must 3: Normalized steel cylinders. permanently affixed by stamping,
conform to the following ISO standards, (2) The porous mass in an acetylene engraving, or other equivalent method,
as applicable: cylinder must conform to ISO 3807–2: on the shoulder, top end or neck of the
(1) ISO 9809–1: Gas cylinders— Cylinders for acetylene—Basic pressure receptacle or on a permanently
Refillable seamless steel gas cylinders— requirements—Part 2: Cylinders with affixed component of the pressure
Design, construction and testing—Part fusible plugs. (IBR, see § 171.7 of this receptacle, such as a welded collar.
1: Quenched and tempered steel subchapter). Except for the ‘‘UN’’ mark, the
cylinders with tensile strength less than (l) Design and construction minimum size of the marks must be 5
1 100 MPa. (IBR, see § 171.7 of this requirements for UN composite mm for pressure receptacles with a
subchapter). cylinders. (1) In addition to the general diameter greater than or equal to 140
(2) ISO 9809–2: Gas cylinders— requirements of this section, UN mm and 2.5 mm for pressure receptacles
Refillable seamless steel gas cylinders— composite cylinders must be designed with a diameter less than 140 mm. The
Design, construction and testing—Part for unlimited service life and conform to minimum size of the ‘‘UN’’ mark must
2: Quenched and tempered steel the following ISO standards, as be 5 mm for pressure receptacles with
cylinders with tensile strength greater applicable: a diameter less than 140 mm and 10 mm
than or equal to 1 100 MPa. (IBR, see (i) ISO 11119–1: Gas cylinders of for pressure receptacles with a diameter
§ 171.7 of this subchapter). composite construction—Specification
of greater than or equal to 140 mm. The
(3) ISO 9809–3: Gas cylinders— and test methods—Part 1: Hoop-
depth of the markings must not create
Refillable seamless steel gas cylinders— wrapped composite gas cylinders. (IBR,
harmful stress concentrations. A
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Design, construction and testing—Part see § 171.7 of this subchapter).


(ii) ISO 11119–2: Gas cylinders of refillable pressure receptacle
3: Normalized steel cylinders. (IBR, see
§ 171.7 of this subchapter). composite construction—Specification conforming to the UN standard must be
(h) Design and construction and test methods—Part 2: Fully- marked as follows:
requirements for UN refillable seamless wrapped fibre reinforced composite gas (1) The UN packaging symbol.

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obtained from the results of a hydraulic (10) For liquefied gases, the water
volumetric expansion test. capacity in liters expressed to three
(7) The empty or tare weight. Except significant digits rounded down to the
for acetylene cylinders, empty weight is last digit, followed by the letter ‘‘L’’. If
the mass of the pressure receptacle in the value of the minimum or nominal
kilograms, including all integral parts water capacity is an integer, the digits
(e.g., collar, neck ring, foot ring, etc.), after the decimal point may be omitted.
followed by the letters ‘‘KG’’. The empty (11) Identification of the cylinder
weight does not include the mass of the thread type (e.g., 25E).
valve, valve cap or valve guard or any (12) The country of manufacture. The
coating. The empty weight must be letters ‘‘USA’’ must be marked on
expressed to three significant figures cylinders manufactured in the United
(2) The ISO standard, for example ISO rounded up to the last digit. For States.
9809–1, used for design, construction cylinders of less than 1 kg, the empty (13) The serial number assigned by
and testing. Acetylene cylinders must be weight must be expressed to two the manufacturer.
marked to indicate the porous mass and significant figures rounded down to the (14) For steel pressure receptacles, the
the steel shell, for example: ‘‘ISO 3807– last digit. For acetylene cylinders, the letter ‘‘H’’ showing compatibility of the
2/ISO 9809–1.’’ tare weight must be marked on the steel, as specified in 1SO 11114–1.
cylinders in kilograms (KG). The tare (15) Identification of aluminum alloy,
(3) The mark of the country where the if applicable.
approval is granted. The letters ‘‘USA’’ weight is the sum of the empty weight,
mass of the valve, any coating and all (16) Stamp for nondestructive testing,
must be marked on UN pressure if applicable.
receptacles approved by the United permanently attached parts (e.g. fittings
and accessories) that are not removed (17) Stamp for underwater use of
States. The manufacturer must obtain an composite cylinders, if applicable.
approval number from the Associate during filling. The tare weight must be
expressed to two significant figures (p) Marking sequence. The marking
Administrator. The manufacturer required by paragraph (o) of this section
approval number must follow the rounded down to the last digit. The tare
weight does not include the cylinder must be placed in three groups as
country of approval mark, separated by shown in the example below:
a slash (for example, USA/MXXXX). cap or any outlet cap or plug not
permanently attached to the cylinder. (1) The top grouping contains
Pressure receptacles approved by more manufacturing marks and must appear
than one national authority may contain (8) The minimum wall thickness of consecutively in the sequence given in
the mark of each country of approval, the pressure receptacle in millimeters paragraphs (o)(11) through (16) of this
separated by a comma. followed by the letters ‘‘MM’’. This section.
(4) The identity mark or stamp of the mark is not required for pressure (2) The middle grouping contains
IIA. receptacles with a water capacity less operational marks described in
(5) The date of the initial inspection, than or equal to 1.0 L or for composite paragraphs (o)(11) through (15) of this
the year (four digits) followed by the cylinders. section.
month (two digits) separated by a slash, (9) For pressure receptacles intended (3) The bottom grouping contains
for example ‘‘2006/04’’. for the transport of compressed gases certification marks and must appear
(6) The test pressure in bar, preceded and UN 1001 acetylene, dissolved, the consecutively in the sequence given in
by the letters ‘‘PH’’ and followed by the working pressure in bar, proceeded by paragraph (o)(1) through (5) of this
letters ‘‘BAR’’. The test pressure must be the letters ‘‘PW’’. section.
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(q) Other markings. Other markings by stenciling the following statement: materials of the same type and
are allowed in areas other than the side ‘‘Federal law forbids transportation if thickness, by the same fabrication
wall, provided they are made in low refilled-penalty up to $500,000 fine and techniques and with identical supports,
stress areas and are not of a size and 5 years in imprisonment (49 U.S.C. equivalent closures and other
depth that will create harmful stress 5124).’’ appurtenances.
concentrations. Such marks must not (5) No person may mark a non- (2) Each application for design
conflict with required marks. refillable pressure receptacle as meeting approval must be in English and contain
(r) Marking of UN non-refillable the requirements of this section unless the following information:
pressure receptacles. Unless otherwise it was manufactured in conformance (i) Two complete copies of all
specified in this paragraph, each UN with this section. engineering drawings, calculations, and
non-refillable pressure receptacle must ■ 41. Section 178.74 is added to read as test data necessary to ensure that the
be clearly and legibly marked as follows: design meets the relevant specification.
prescribed in paragraph (o) of this (ii) The manufacturer’s serial number
section. In addition, permanent § 178.74 Approval of MEGCs. that will be assigned to each MEGC.
stenciling is authorized. Except when (a) Application for design type (iii) A statement as to whether the
stenciled, the marks must be on the approval. (1) Each new MEGC design design type has been examined by any
shoulder, top end or neck of the type must have a design approval approval agency previously and judged
pressure receptacle or on a permanently certificate. An owner or manufacturer unacceptable. Affirmative statements
affixed component of the pressure must apply to an approval agency that must be documented with the name of
receptacle, for example a welded collar. is approved by the Associate the approval agency, reason for non-
(1) The marking requirements and Administrator in accordance with acceptance, and the nature of
sequence listed in paragraphs (o)(1) subpart E of part 107 of this chapter +to modifications made to the design type.
through (16) of this section are required, obtain approval of a new design. When (b) Actions by the approval agency.
except the markings in paragraphs a series of MEGCs is manufactured The approval agency must review the
(o)(7), (8), and (11) are not applicable. without change in the design, the application for design type approval,
The required serial number marking in certificate is valid for the entire series. including all drawings and calculations,
paragraph (o)(13) may be replaced by The design approval certificate must to ensure that the design of the MEGC
the batch number. refer to the prototype test report, the meets all requirements of the relevant
(2) Each receptacle must be marked materials of construction of the specification and to determine whether
with the words ‘‘DO NOT REFILL’’ in manifold, the standards to which the it is complete and conforms to the
letters of at least 5 mm in height. pressure receptacles are made and an requirements of this section. An
(3) A non-refillable pressure approval number. The compliance incomplete application will be returned
receptacle, because of its size, may requirements or test methods applicable to the applicant with the reasons why
substitute the marking required by this to MEGCs as specified in this subpart the application was returned. If the
paragraph with a label. Reduction in may be varied when the level of safety application is complete and all
marking size is authorized only as is determined to be equivalent to or applicable requirements of this section
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prescribed in ISO 7225, Gas cylinders— exceed the requirements of this are met, the approval agency must
Precautionary labels. (IBR, see § 171.7 of subchapter and is approved in writing prepare a MEGC design approval
this subchapter). by the Associate Administrator. A certificate containing the manufacturer’s
(4) Each non-refillable pressure design approval may serve for the name and address, results and
receptacle must also be legibly marked approval of smaller MEGCs made of conclusions of the examination and
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necessary data for identification of the consist of the distinguishing sign or (g) Modifications to approved MEGCs.
design type. If the Associate mark of the country (‘‘USA’’ for the (1) Prior to modification of any
Administrator approves the Design Type United States of America) where the approved MEGC that may affect
Approval Certificate application, the approval was granted and a registration conformance and safe use, and that may
approval agency and the manufacturer number. involve a change to the design type or
must each maintain a copy of the (6) Retain on file a copy of each affect its ability to retain the hazardous
approved drawings, calculations, and approval certificate for at least 20 years. material in transportation, the MEGC’s
test data for at least 20 years. (d) Manufacturers’ responsibilities. owner must inform the approval agency
(c) Approval agency’s responsibilities. The manufacturer is responsible for that prepared the initial approval
The approval agency is responsible for compliance with the applicable certificate for the MEGC or, if the initial
ensuring that the MEGC conforms to the specifications for the design and approval agency is unavailable, another
design type approval. The approval construction of MEGCs. The approval agency, of the nature of the
agency must: manufacturer of a MEGC must: modification and request certification of
(1) Witness all tests required for the (1) Comply with all the requirements the modification. The owner must
approval of the MEGC specified in this of the applicable ISO standard specified supply the approval agency with all
section and § 178.75. in § 178.71; revised drawings, calculations, and test
(2) Ensure, through appropriate (2) Obtain and use an approval agency data relative to the intended
inspection, that each MEGC is fabricated to review the design, construction and modification. The MEGC’s owner must
in all respects in conformance with the certification of the MEGC; also provide a statement as to whether
approved drawings, calculations, and (3) Provide a statement in the the intended modification has been
test data. manufacturers’ data report certifying examined and determined to be
(3) Determine and ensure that the that each MEGC manufactured complies unacceptable by any approval agency.
MEGC is suitable for its intended use with the relevant specification and all The written statement must include the
and that it conforms to the requirements the applicable requirements of this name of the approval agency, the reason
of this subchapter. subchapter; and for non-acceptance, and the nature of
(4) Apply its name, identifying mark (4) Retain records for the MEGCs for changes made to the modification since
or identifying number, and the date the at least 20 years. When required by the its original rejection.
approval was issued, to the metal specification, the manufacturer must (2) The approval agency must review
identification marking plate attached to provide copies of the records to the the request for modification. If the
the MEGC upon successful completion approval agency, the owner or lessee of approval agency determines that the
of all requirements of this subpart. Any the MEGC, and to a representative of proposed modification does not
approvals by the Associate DOT, upon request. conform to the relevant specification,
(e) Denial of application for approval. the approval agency must reject the
Administrator authorizing design or
If the Associate Administrator finds that request in accordance with paragraph
construction alternatives (Alternate
the MEGC will not be approved for any (d) of this section. If the approval
Arrangements) of the MEGC (see
reason, the Associate Administrator will agency determines that the proposed
paragraph (a) of this section) must be
notify the applicant in writing and modification conforms fully with the
indicated on the metal identification
provide the reason for the denial. The relevant specification, the request is
plate as specified in § 178.75(j).
manufacturer may request that the accepted. If modification to an approved
(5) Prepare an approval certificate for
Associate Administrator reconsider the MEGC alters any information on the
each MEGC or, in the case of a series of
decision. The application request approval certificate, the approval agency
identical MEGCs manufactured to a
must— must prepare a new approval certificate
single design type, for each series of (1) Be written in English and filed
MEGCs. The approval certificate must for the modified MEGC and submit the
within 90 days of receipt of the
include all of the following information: certificate to the Associate
decision;
(i) The information displayed on the (2) State in detail any alleged errors of Administrator for approval. After
metal identification plate required by fact and law; and receiving approval from the Associate
§ 178.75(j); (3) Enclose any additional Administrator, the approval agency
(ii) The results of the applicable information needed to support the must ensure that any necessary changes
framework test specified in ISO 1496–3 request to reconsider. are made to the metal identification
(IBR, see § 171.7 of this subchapter); (f) Appeal. (1) A manufacturer whose plate. A copy of each newly issued
(iii) The results of the initial reconsideration request is denied may approval certificate must be retained by
inspection and test specified in appeal to the PHMSA Administrator. the approval agency and the MEGC’s
paragraph (h) of this section; The appeal must— owner for at least 20 years. The approval
(iv) The results of the impact test (i) Be in writing and filed within 90 agency must perform the following
specified in § 178.75(i)(4); days of receipt of the Associate activities:
(v) Certification documents verifying Administrator s decision on (i) Retain a set of the approved revised
that the cylinders and tubes conform to reconsideration; drawings, calculations, and data as
the applicable standards; and (ii) State in detail any alleged errors specified in § 178.69(b)(4) for at least 20
(vi) A statement that the approval of fact and law; years;
agency certifies the MEGC in (iii) Enclose any additional (ii) Ensure through appropriate
accordance with the procedures in this information needed to support the inspection that all modifications
section and that the MEGC is suitable appeal; and conform to the revised drawings,
for its intended purpose and meets the (iv) State in detail the modification of calculations, and test data; and
requirements of this subchapter. When the final decision sought. (iii) Determine the extent to which
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a series of MEGCs is manufactured (2) The Administrator will grant or retesting of the modified MEGC is
without change in the design type, the deny the relief and inform the appellant necessary based on the nature of the
certificate may be valid for the entire in writing of the decision. The proposed modification, and ensure that
series of MEGCs representing a single Administrator’s decision is the final all required retests are satisfactorily
design type. The approval number must administrative action. performed.

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(h) Termination of Approval and the service equipment of the MEGC 3: Normalized steel cylinders. (IBR, see
Certificate. (1) The Associate to an effective internal pressure of not § 171.7 of this subchapter); or
Administrator may terminate an less than 20% of the test pressure. (iv) ISO 11120: Gas cylinders—
approval issued under this section if he Manifold means an assembly of Refillable seamless steel tubes of water
or she determines that— piping and valves connecting the filling capacity between 150 L and 3000 L—
(i) Because of a change in and/or discharge openings of the Design, construction and testing. (IBR,
circumstances, the approval no longer is pressure receptacles. see § 171.7 of this subchapter).
needed or no longer would be granted Maximum permissible gross mass or (4) Pressure receptacles of MEGCs,
if applied for; MPGM means the heaviest load fittings, and pipework must be
(ii) Information upon which the authorized for transport (sum of the tare constructed of a material that is
approval was based is fraudulent or mass of the MEGC, service equipment compatible with the hazardous
substantially erroneous; and pressure receptacle). materials intended to be transported, as
(iii) Termination of the approval is Service equipment means manifold specified in this subchapter.
necessary to adequately protect against system (measuring instruments, piping (5) Contact between dissimilar metals
risks to life and property; or and safety devices). that could result in damage by galvanic
(iv) The MEGC does not meet the Shut-off valve means a valve that action must be prevented by appropriate
specification. stops the flow of gas. means.
(2) Before an approval is terminated, Structural equipment means the
(6) The materials of the MEGC,
the Associate Administrator will reinforcing, fastening, protective and
including any devices, gaskets, and
provide the person— stabilizing members external to the
accessories, must have no adverse effect
(i) Written notice of the facts or pressure receptacles.
on the gases intended for transport in
conduct believed to warrant the (d) General design and construction
the MEGC.
termination; requirements. (1) The MEGC must be
(7) MEGCs must be designed to
(ii) An opportunity to submit oral and capable of being loaded and discharged
withstand, without loss of contents, at
written evidence; and without the removal of its structural
(3) An opportunity to demonstrate or least the internal pressure due to the
equipment. It must possess stabilizing
achieve compliance with the applicable contents, and the static, dynamic and
members external to the pressure
requirements. thermal loads during normal conditions
receptacles to provide structural
(i) Imminent Danger. If the Associate of handling and transport. The design
integrity for handling and transport.
Administrator determines that a must take into account the effects of
MEGCs must be designed and
certificate of approval must be fatigue, caused by repeated application
constructed with supports to provide a
terminated to preclude a significant and of these loads through the expected life
secure base during transport and with
imminent adverse effect on public of the MEGC.
lifting and tie-down attachments that
safety, the Associate Administrator may are adequate for lifting the MEGC (8) MEGCs and their fastenings must,
terminate the certificate immediately. In including when loaded to its maximum under the maximum permissible load,
such circumstances, the opportunities of permissible gross mass. The MEGC must be capable of withstanding the
paragraphs (h)(2) and (3) of this section be designed to be loaded onto a following separately applied static
need not be provided prior to transport vehicle or vessel and equipped forces (for calculation purposes,
termination of the approval, but must be with skids, mountings or accessories to acceleration due to gravity (g) = 9.81 m/
provided as soon as practicable facilitate mechanical handling. s2):
thereafter. (2) MEGCs must be designed, (i) In the direction of travel: 2g (twice
manufactured and equipped to the MPGM multiplied by the
■ 42. Section 178.75 is added to read as
withstand, without loss of contents, all acceleration due to gravity);
follows:
normal handling and transportation (ii) Horizontally at right angles to the
§ 178.75 Specifications for MEGCs. conditions. The design must take into direction of travel: 1g (the MPGM
(a) General. Each MEGC must meet account the effects of dynamic loading multiplied by the acceleration due to
the requirements of this section. In a and fatigue. gravity. When the direction of travel is
MEGC that meets the definition of a (3) Each pressure receptacle of a not clearly determined, the forces must
‘‘container’’ within the terms of the MEGC must be of the same design type, be equal to twice the MPGM);
International Convention for Safe seamless steel, and constructed and (iii) Vertically upwards: 1g (the
Containers (CSC) must meet the tested according to one of the following MPGM multiplied by the acceleration
requirements of the CSC as amended ISO standards: due to gravity); and
and 49 CFR parts 450 through 453, and (i) ISO 9809–1: Gas cylinders— (iv) Vertically downwards: 2g (twice
must have a CSC approval plate. Refillable seamless steel gas cylinders— the MPGM (total loading including the
(b) Alternate Arrangements. The Design, construction and testing—Part effect of gravity) multiplied by the
technical requirements applicable to 1: Quenched and tempered steel acceleration due to gravity.
MEGCs may be varied when the level of cylinders with tensile strength less than (9) Under each of the forces specified
safety is determined to be equivalent to 1 100 MPa. (IBR, see § 171.7 of this in paragraph (d)(8) of this section, the
or exceed the requirements of this subchapter); stress at the most severely stressed point
subchapter. Such an alternate (ii) ISO 9809–2: Gas cylinders— of the pressure receptacles must not
arrangement must be approved in Refillable seamless steel gas cylinders— exceed the values given in the
writing by the Associate Administrator. Design, construction and testing—Part applicable design specifications (e.g.,
MEGCs approved to an Alternate 2: Quenched and tempered steel ISO 11120).
Arrangement must be marked as cylinders with tensile strength greater (10) Under each of the forces specified
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required by paragraph (j) of this section. than or equal to 1 100 MPa. (IBR, see in paragraph (d)(8) of this section, the
(c) Definitions. The following § 171.7 of this subchapter); safety factor for the framework and
definitions apply: (iii) ISO 9809–3: Gas cylinders— fastenings must be as follows:
Leakproofness test means a test using Refillable seamless steel gas cylinders— (i) For steels having a clearly defined
gas subjecting the pressure receptacles Design, construction and testing—Part yield point, a safety factor of 1.5 in

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relation to the guaranteed yield strength; shutoff valves must close by a clockwise obstruction is permitted in an opening
or motion of the handwheel. leading to or leaving from a vent or
(ii) For steels with no clearly defined (v) Each shut-off valve or other means pressure-relief device that might restrict
yield point, a safety factor of 1.5 in of closure must be designed and or cut-off the flow from the pressure
relation to the guaranteed 0.2 percent constructed to withstand a pressure receptacle to that device. The opening
proof strength and, for austenitic steels, equal to or greater than 1.5 times the test through all piping and fittings must
the 1 percent proof strength. pressure of the MEGC. have at least the same flow area as the
(11) MEGCs must be capable of being (vi) All shut-off valves with screwed inlet of the pressure relief device to
electrically grounded to prevent spindles must close by a clockwise which it is connected. The nominal size
electrostatic discharge when intended motion of the handwheel. For other of the discharge piping must be at least
for flammable gases. shut-off valves, the open and closed as large as that of the pressure relief
(12) The pressure receptacles of a positions and the direction of closure device.
MEGC must be secured in a manner to must be clearly shown. (3) Location of pressure-relief devices:
prevent movement that could result in (vii) All shut-off valves must be For liquefied gases, each pressure relief
damage to the structure and designed and positioned to prevent device must, under maximum filling
concentration of harmful localized unintentional opening. conditions, be in communication with
stresses. (viii) Ductile metals must be used in the vapor space of the pressure
(e) Service equipment. (1) Service the construction of valves or receptacles. The devices, when
equipment must be arranged so that it accessories. installed, must be arranged to ensure the
is protected from mechanical damage by (4) The piping must be designed, escaping vapor is discharged upwards
external forces during handling and constructed and installed to avoid and unrestrictedly to prevent
transportation. When the connections damage due to expansion and impingement of escaping gas or liquid
between the frame and the pressure contraction, mechanical shock and upon the MEGC, its pressure receptacles
receptacles allow relative movement vibration. Joints in tubing must be or personnel. For flammable, pyrophoric
between the subassemblies, the brazed or have an equally strong metal and oxidizing gases, the escaping gas
equipment must be fastened to allow union. The melting point of brazing must be directed away from the pressure
movement to prevent damage to any materials must be no lower than 525 °C receptacle in such a manner that it
working part. The manifolds, discharge (977 °F). The rated pressure of the cannot impinge upon the other pressure
fittings (pipe sockets, shut-off devices), service equipment and of the manifold receptacles. Heat resistant protective
and shut-off valves must be protected must be not less than two-thirds of the devices that deflect the flow of gas are
from damage by external forces. test pressure of the pressure receptacles. permissible provided the required
Manifold piping leading to shut-off (f) Pressure relief devices. Each pressure relief device capacity is not
valves must be sufficiently flexible to pressure receptacle must be equipped reduced. Arrangements must be made to
protect the valves and the piping from with one or more pressure relief devices prevent access to the pressure relief
shearing, or releasing the pressure as specified in § 173.301(f) of this devices by unauthorized persons and to
receptacle contents. The filling and subchapter. When pressure relief protect the devices from damage caused
discharge devices, including flanges or devices are installed, each pressure by rollover.
threaded plugs, and any protective caps receptacle or group of pressure (g) Gauging devices. When a MEGC is
must be capable of being secured against receptacles of a MEGC that can be intended to be filled by mass, it must be
unintended opening. isolated must be equipped with one or equipped with one or more gauging
(2) Each pressure receptacle intended more pressure relief devices. Pressure devices. Glass level-gauges and gauges
for the transport of Division 2.3 gases relief devices must be of a type that will made of other fragile material are
must be equipped with an individual resist dynamic forces including liquid prohibited.
shut-off valve. The manifold for surge and must be designed to prevent (h) MEGC supports, frameworks,
Division 2.3 liquefied gases must be the entry of foreign matter, the leakage lifting and tie-down attachments. (1)
designed so that each pressure of gas and the development of any MEGCs must be designed and
receptacle can be filled separately and dangerous excess pressure. constructed with a support structure to
be kept isolated by a valve capable of (1) The size of the pressure relief provide a secure base during transport.
being closed during transit. For Division devices: CGA S–1.1, 2003 edition (IBR, MEGCs must be protected against
2.1 gases, the pressure receptacles must see § 171.7 of this subchapter) must be damage to the pressure receptacles and
be isolated by an individual shut-off used to determine the relief capacity of service equipment resulting from lateral
valve into assemblies of not more than individual pressure receptacles. and longitudinal impact and
3,000 L. (2) Connections to pressure-relief overturning. The forces specified in
(3) For MEGC filling and discharge devices: Connections to pressure relief paragraph (d)(8) of this section, and the
openings: devices must be of sufficient size to safety factor specified in paragraph
(i) Two valves in series must be enable the required discharge to pass (d)(10) of this section must be
placed in an accessible position on each unrestricted to the pressure relief considered in this aspect of the design.
discharge and filling pipe. One of the device. A shut-off valve installed Skids, frameworks, cradles or other
valves may be a backflow prevention between the pressure receptacle and the similar structures are acceptable. If the
valve. (ii) The filling and discharge pressure relief device is prohibited, pressure receptacles and service
devices may be equipped to a manifold. except where duplicate devices are equipment are so constructed as to
(iii) For sections of piping which can provided for maintenance or other withstand impact and overturning,
be closed at both ends and where a reasons, and the shut-off valves serving additional protective support structure
liquid product can be trapped, a the devices actually in use are locked is not required (see paragraph (h)(4) of
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pressure-relief valve must be provided open, or the shut-off valves are this section).
to prevent excessive pressure build-up. interlocked so that at least one of the (2) The combined stresses caused by
(iv) The main isolation valves on a duplicate devices is always operable pressure receptacle mountings (e.g.
MEGC must be clearly marked to and capable of meeting the requirements cradles, frameworks, etc.) and MEGC
indicate their directions of closure. All of paragraph (f)(1) of this section. No lifting and tie-down attachments must

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not cause excessive stress in any impact test using a prototype Name of the operator
pressure receptacle. Permanent lifting representing each design type. The Maximum permissible load mass lll
and tie-down attachments must be prototype MEGC must be shown to be kg
equipped to all MEGCs. Any welding of capable of absorbing the forces resulting Working pressure at 15°C: lll bar
mountings or attachments onto the from an impact not less than 4 times (4 gauge
pressure receptacles is prohibited. g) the MPGM of the fully loaded MEGC,
(3) The effects of environmental at a duration typical of the mechanical Maximum permissible gross mass
corrosion must be taken into account in shocks experienced in rail transport. A (MPGM) lll kg
the design of supports and frameworks. listing of acceptable methods for Unladen (tare) mass lll kg
(4) When MEGCs are not protected performing the impact test is provided
during transport as specified in in the UN Recommendations (IBR, see PART 180—CONTINUING
paragraph (h)(1) of this section, the § 171.7 of this subchapter). QUALIFICATION AND MAINTENANCE
pressure receptacles and service (j) Marking. (1) Each MEGC must be OF PACKAGINGS
equipment must be protected against equipped with a corrosion resistant
damage resulting from lateral or metal plate permanently attached to the ■ 43. The authority citation for part 180
longitudinal impact or overturning. MEGC in a conspicuous place readily continues to read as follows:
External fittings must be protected accessible for inspection. The pressure Authority: 49 U.S.C. 5101–5128; 49 CFR
against release of the pressure receptacles must be marked according to 1.53.
receptacles’ contents upon impact or this section. Affixing the metal plate to ■ 44. Section 180.201 is revised to read
overturning of the MEGC on its fittings. a pressure receptacle is prohibited. At a as follows:
Particular attention must be paid to the minimum, the following information
protection of the manifold. Examples of must be marked on the plate by § 180.201 Applicability.
protection include: stamping or by any other equivalent This subpart prescribes requirements,
(i) Protection against lateral impact, method: in addition to those contained in parts
which may consist of longitudinal bars; 107, 171, 172, 173, and 178 of this
(ii) Protection against overturning, Country of manufacture
chapter, for the continuing qualification,
which may consist of reinforcement UN maintenance, or periodic requalification
rings or bars fixed across the frame;
of DOT specification and exemption
(iii) Protection against rear impact,
cylinders and UN pressure receptacles.
which may consist of a bumper or
frame; ■ 45. In § 180.203, the introductory
(iv) Protection of the pressure paragraph is revised to read as follows:
receptacles and service equipment § 180.203 Definitions.
against damage from impact or
overturning by use of an ISO frame As used in this section, the word
according to the relevant provisions of ‘‘cylinder’’ includes UN pressure
ISO 1496–3. (IBR, see § 171.7 of this receptacles. In addition to the
subchapter). definitions contained in § 171.8 of this
(i) Initial inspection and test. The subchapter, the following definitions
pressure receptacles and items of apply to this subpart:
Approval Country * * * * *
equipment of each MEGC must be
inspected and tested before being put Approval Number
■ 46. In § 180.205, the section heading
into service for the first time (initial Alternate Arrangements (see § 178.75(b)) is revised to read as set forth below:
inspection and test). This initial MEGC Manufacturer’s name or mark
inspection and test of an MEGC must MEGC’s serial number § 180.205 General requirements for
requalification of specification cylinders.
include the following: Approval agency (Authorized body for
(1) A check of the design the design approval) * * * * *
characteristics. Year of manufacture ■ 47. Section 180.207 is added to read
(2) An external examination of the as follows:
MEGC and its fittings, taking into Test pressure: lll bar gauge
account the hazardous materials to be Design temperature range lll °C to § 180.207 Requirements for requalification
transported. lll °C of UN pressure receptacles.
(3) A pressure test performed at the Number of pressure receptacles lll (a) General. (1) Each UN pressure
test pressures specified in Total water capacity lll liters receptacle used for the transportation of
§ 173.304b(b)(1) and (2) of this Initial pressure test date and hazardous materials must conform to
subchapter. The pressure test of the identification of the Approval Agency the requirements prescribed in
manifold may be performed as a paragraphs (a), (b) and (d) in § 180.205.
Date and type of most recent periodic (2) No pressure receptacle due for
hydraulic test or by using another liquid
tests requalification may be filled with a
or gas. A leakproofness test and a test of
the satisfactory operation of all service Year lll Monthlll Type lll hazardous material and offered for
equipment must also be performed (e.g. 2004–05, AE/UE, where ‘‘AE’’ transportation in commerce unless that
before the MEGC is placed into service. represents acoustic emission and ‘‘UE’’ pressure receptacle has been
When the pressure receptacles and their represents ultrasonic examination) successfully requalified and marked in
fittings have been pressure-tested Stamp of the approval agency who accordance with this subpart. A
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separately, they must be subjected to a performed or witnessed the most recent pressure receptacle may be requalified
leakproof test after assembly. test at any time during or before the month
(4) An MEGC that meets the definition (2) The following information must be and year that the requalification is due.
of ‘‘container’’ in the CSC (see 49 CFR marked on a metal plate firmly secured However, a pressure receptacle filled
450.3(a)(2)) must be subjected to an to the MEGC: before the requalification becomes due
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may remain in service until it is has been obtained in writing from the (2) Each pressure receptacle that fails
emptied. Associate Administrator. requalification must be rejected or
(b) Periodic requalification of UN condemned in accordance with the
(3) No person may requalify a UN
pressure receptacles. (1) Each pressure applicable ISO requalification standard.
composite pressure receptacle for
receptacle that is successfully
continued use beyond its 15-years requalified in accordance with the (c) Requalification interval. Each UN
authorized service life. A pressure requirements specified in this section pressure receptacle that becomes due for
receptacle with a specified service life must be marked in accordance with periodic requalification must be
may not be refilled and offered for § 180.213. The requalification results requalified at the interval specified in
transportation after its authorized must be recorded in accordance the following table:
service life has expired unless approval § 180.215.

TABLE 1.—REQUALIFICATION INTERVALS OF UN PRESSURE RECEPTACLES


Interval UN pressure receptacles/hazardous materials
(years)

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

(d) Requalification procedures. Each subchapter). The porous mass and the (b) Repairs not requiring prior
UN pressure receptacle that becomes shell must be requalified no sooner than approval. Approval is not required for
due for requalification must be 3 years, 6 months, from the date of the following specific repairs:
requalified at the interval prescribed in manufacture. Thereafter, subsequent (1) The removal and replacement of a
paragraph (c) of this section and in requalifications of the porous mass and neck ring or foot ring on a DOT 3A, 3AA
accordance with the procedures shell must be performed at least once or 3B cylinder or a UN pressure
contained in the following standard, as every ten years. receptacle that does not affect a pressure
applicable. When a pressure test is (4) Composite UN cylinders: Each part of the cylinder when the repair is
performed on a UN pressure receptacle, composite cylinder must be inspected performed by a repair facility or a
the test must be a water jacket and tested in accordance with ISO cylinder manufacturer of these types of
volumetric expansion test suitable for 11623 (IBR, see § 171.7 of this cylinders. The repair may be made by
the determination of the cylinder subchapter). welding or brazing in conformance with
expansion or a hydraulic proof pressure ■ 48. Section 180.212 is revised to read the original specification. After removal
test. The test equipment must be as follows: and before replacement, the cylinder
calibrated daily in accordance with must be visually inspected and any
§ 180.212 Repair of seamless DOT 3-series
§ 180.205(g). An alternative method (e.g. specification cylinders and seamless UN defective cylinder must be rejected. The
acoustic emission) may be performed if pressure receptacles. heat treatment, testing and inspection of
prior approval has been obtained in (a) General requirements for repair of the repair must be performed under the
writing from the Associate DOT 3-series cylinders and UN pressure supervision of an inspector and must be
Administrator. receptacles. (1) No person may repair a performed in accordance with the
(1) Seamless steel: Each seamless steel DOT 3-series cylinder or a seamless UN original specification.
UN pressure receptacle, including pressure receptacle unless— (2) External re-threading of DOT 3AX,
MEGC’s pressure receptacles, must be (i) The repair facility holds an 3AAX or 3T specification cylinders or a
requalified in accordance with ISO 6406 approval issued under the provisions in UN pressure receptacle mounted in a
(IBR, see § 171.7 of this subchapter), or § 107.805 of this subchapter; and MEGC; or the internal re-threading of a
in accordance with requalification (ii) Except as provided in paragraph DOT–3 series cylinder or a seamless UN
procedures approved by the Associate (b) of this section, the repair and the pressure receptacle when performed by
Administrator. inspection is performed under the the original manufacturer of the
(2) Seamless UN aluminum: Each provisions of an approval issued under cylinder. The repair work must be
seamless aluminum UN pressure subpart H of Part 107 of this subchapter performed under the supervision of an
receptacle must be requalified in and conform to the applicable cylinder independent inspection agency. Upon
accordance with ISO 10461 (IBR, see specification or ISO standard contained completion of the re-threading, the
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§ 171.7 of this subchapter). in part 178 of this subchapter. threads must be gauged in accordance
(3) Dissolved acetylene UN cylinders: (2) The person performing the repair with Federal Standard H–28 or an
Each dissolved acetylene cylinder must must prepare a report containing, at a equivalent standard containing the same
be requalified in accordance with ISO minimum, the results prescribed in specification limits. The re-threaded
10462 (IBR, see § 171.7 of this § 180.215. cylinder must be stamped clearly and

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legibly with the words ‘‘RETHREAD’’ on § 180.217 Requalification requirements for is discovered, the MEGC may not be
the shoulder, top head, or neck. No DOT MEGCs. returned to service until the unsafe
specification cylinder or UN cylinder (a) Periodic inspections. Each MEGC condition has been corrected and the
may be re-threaded more than one time must be given an initial visual MEGC has been requalified in
without approval of the Associate inspection and test in accordance with accordance with the applicable tests and
Administrator. § 178.75(i) of this subchapter before inspection.
being put into service for the first time. (d) Repairs and modifications to
■ 49. In § 180.213, paragraphs (a), (f)(1),
After the initial inspection, a MEGC MEGCs. No person may perform a
and (f)(7) are revised, and paragraphs
must be inspected at least once every modification to an approved MEGC that
(c)(3) and (f)(8) are added, to read as
five years. may affect conformance to the
follows: (1) The 5-year periodic inspection applicable ISO standard or safe use, and
§ 180.213 Requalification markings. must include an external examination of that involve a change to the design type
the structure, the pressure receptacles or affect its ability to retain the
(a) General. Each cylinder or UN and the service equipment, as follows: hazardous material in transportation.
pressure receptacle requalified in (i) The pressure receptacles are
accordance with this subpart with Before making any modification changes
inspected externally for pitting,
acceptable results must be marked as to an approved MEGC, the owner must
corrosion, abrasions, dents, distortions,
specified in this section. Required obtain approval from the Associate
defects in welds or any other
specification markings may not be Administrator as prescribed in § 178.74
conditions, including leakage, that
altered or removed. of this subchapter. The repair of a
might render the MEGC unsafe for
* * * * * MEGC’s structural equipment is
transport.
(ii) The piping, valves, and gaskets are authorized provided such repairs are
(c) * * *
inspected for corroded areas, defects, made in accordance with the
(3) For a composite cylinder, the requirements prescribed for its
requalification markings must be and other conditions, including leakage,
that might render the MEGC unsafe for approved design and construction. Any
applied on a pressure sensitive label, repair to the pressure receptacles of a
securely affixed in a manner prescribed filling, discharge or transport.
(iii) Missing or loose bolts or nuts on MEGC must meet the requirements of
by the cylinder manufacturer, near the § 180.212.
original manufacturer’s label. Stamping any flanged connection or blank flange
of the composite surface is not are replaced or tightened. (e) Requalification markings. Each
authorized. (iv) All emergency devices and valves MEGC must be durably and legibly
are free from corrosion, distortion and marked in English, with the year and
* * * * * any damage or defect that could prevent month, and the type of the most recent
(f) * * * their normal operation. Remote closure periodic requalification performed (e.g.,
(1) For designation of the 5-year devices and self-closing stop valves 2004–05 AE/UE, where ‘‘AE’’ represents
volumetric expansion test, 10-year must be operated to demonstrate proper acoustic emission and ‘‘UE’’ represents
volumetric expansion test for UN operation. ultrasonic examination) followed by the
cylinders and cylinders conforming to (v) Required markings on the MEGC stamp of the approval agency who
§ 180.209(f) and (h), or 12-year are legible in accordance with the performed or witnessed the most recent
volumetric expansion test for fire applicable requirements. test.
extinguishers conforming to (vi) The framework, the supports and (f) Records. The owner of each MEGC
§ 173.309(b) of this subchapter and the arrangements for lifting the MEGC or the owner’s authorized agent must
cylinders conforming to § 180.209(e) are in satisfactory condition. retain a written record of the date and
and 180.209(g), the marking is as (2) The MEGC’s pressure receptacles results of all repairs and required
illustrated in paragraph (d) of this and piping must be periodically inspections and tests. The report must
section. requalified as prescribed in § 180.207(c), contain the name and address of the
* * * * * at the interval specified in Table 1 in person performing the inspection or
(7) For designation of DOT 8 series § 180.207. test. The periodic test and inspection
(b) Exceptional inspection and test. If records must be retained until the next
and UN cylinder shell and porous filler
a MEGC shows evidence of damaged or inspection or test is completed. Repair
requalification, the marking is as
corroded areas, leakage, or other records and the initial exceptional
illustrated in paragraph (d) of this
conditions that indicate a deficiency inspection and test records must be
section, except that the ‘‘X’’ is replaced
that could affect the integrity of the retained during the period the MEGC is
with the letters ‘‘FS.’’
MEGC, an exceptional inspection and in service and for one year thereafter.
(8) For designation of a test must be performed, regardless of the
nondestructive examination combined These records must be made available
last periodic inspection and test. The for inspection by a representative of the
with a visual inspection, the marking is extent of the exceptional inspection and
as illustrated in paragraph (d) of this Department on request.
test will depend on the amount of
section, except that the ‘‘X’’ is replaced damage or deterioration of the MEGC. Issued in Washington, DC on May 30,
with the type of test performed, for As a minimum, an exceptional 2006, under authority delegated in 49 CFR
example the letters ‘‘AE’’ for acoustic inspection of a MEGC must include
part 1.
emission or ‘‘UE’’ for ultrasonic inspection as specified in paragraph Brigham A. McCown,
examination. (a)(1) of this section. Acting Administrator.
■ 50. Section 180.217 is added to read (c) Correction of unsafe condition. [FR Doc. 06–5182 Filed 6–9–06; 8:45 am]
as follows: When evidence of any unsafe condition BILLING CODE 4910–60–P
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