[Federal Register: September 30, 2002 (Volume 67, Number 189)]
[Rules and Regulations]
[Page 61287-61289]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se02-15]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 173 and 177
[Docket No. RSPA-01-10373 (HM-220D)]
RIN 2137-AD58
Hazardous Materials: Requirements for Maintenance,
Requalification, Repair and Use of DOT Specification Cylinders;
Extension of Compliance Dates and Corrections
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; extension of compliance dates and corrections.
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SUMMARY: This document extends the compliance dates and makes minor
corrections for certain requirements adopted in a final rule published
under Docket No. RSPA-01-10373 (HM-220D) on August 8, 2002 (67 FR
51626), which amended requirements applicable to the maintenance,
requalification, repair, and use of DOT specification cylinders. RSPA
is taking action in response to appeals stating that the October 1,
2002 effective date is unreasonable. This action provides additional
time, until May 30, 2003, for RSPA to fully evaluate and determine the
merits of issues raised by appellants concerning these requirements and
their requests for clarification of certain other
[[Page 61288]]
requirements. These appeals will be fully addressed in a later
document. Because these amendments do not impose new requirements,
notice and public comment are unnecessary.
DATES: Effective Date: This rule is effective on October 1, 2002.
Compliance Date: However, certain regulatory actions will not occur
until the date specified in the regulatory text.
FOR FURTHER INFORMATION CONTACT: Sandra Webb, (202) 366-8553, Office of
Hazardous Materials Standards, Research and Special Programs
Administration.
SUPPLEMENTARY INFORMATION:
I. Background
On August 8, 2002, the Research and Special Programs Administration
(RSPA, we) published a final rule under Docket No. 01-10373 (HM-220D)
(67 FR 51625) amending the requirements of the Hazardous Materials
Regulations applicable to the maintenance, requalification, repair, and
use of DOT specification cylinders. The August 8, 2002 final rule,
amended the HMR to:
(1) Prohibit a filled cylinder with a specified service life from
being offered for transportation in commerce after its service life has
expired.
(2) Remove authorization for the manufacture of DOT specification
cylinders using aluminum alloy 6351-T6. Cylinders manufactured with
this aluminum alloy have a greater risk of failure than other aluminum
cylinders.
(3) Incorporate by reference new and updated Compressed Gas
Association (CGA) standards and updated American Society for Testing
and Materials (ASTM) standards.
(4) Require each person who performs a requalification function
that requires marking of an inspection or retest date on a cylinder to
have approval from the Associate Administrator for Hazardous Materials
Safety (Associate Administrator).
(5) Standardize requirements for repair and rebuilding of DOT-4
series cylinders, other than the DOT 4L.
(6) Allow the application of requalification markings on cylinders
by using alternative methods that produce durable, legible marks.
(7) Require pressure relief devices on all DOT-3 series
specification cylinders to be set at test pressure with a tolerance of
-10% to +0 beginning at the first requalification due on or after the
effective date of this final rule.
In addition, we consolidated requirements for obtaining approval to
be a cylinder requalifier, or an independent inspection agency, or to
have chemical tests or analyses performed outside the United States on
cylinders manufactured outside the United States in a new Subpart I in
Part 107.
We received approximately 20 appeals of the implementation of HM-
220D, either in total or in part. We received appeals from
representatives of industrial gas trade associations, gas distributors,
shippers, carriers, cylinder manufacturers and requalifiers.
Extension of Compliance Date
Most appellants request that we extend the October 1, 2002
effective date for certain requirements adopted in the final rule. They
state a 60-day implementation period is unreasonable for certain
requirements. They request that we delay implementation of the
particular requirements until we have had an opportunity to further
review and address their specific concerns. We agree that the October 1
effective date of certain provisions should be extended. Therefore, in
this final rule, we are providing a May 30, 2003 compliance date for
the following requirements:
--Sections 173.40(b) and 173.301a(d)(3)--Requiring the pressure at 55
[deg]C (131 [deg]F) in a cylinder not to exceed the service pressure of
the cylinder. This provision affects Hazard Zone B gases, such as
hydrogen sulfide.
--Sections 173.301(f)(2) and 177.840(a)(1)--Requiring the inlet port to
the relief channel of the pressure relief device, when installed, must
be in the cylinder's vapor space.
--Section 173.301(f)(3)--Requiring the set pressure of the pressure
relief device to be at test pressure with a tolerance of -10% to +0 for
DOT 3-series cylinders.
--Section 173.301(h)(2)--Allowing cylinders filled with a flammable,
corrosive, or noxious gas to have the valves protected by loading the
cylinders in an upright position and securely bracing in cars or motor
vehicles, when loaded by the consignor and unloaded by the consignee.
Editorial Corrections and Clarifications
Appellants expressed concern about a requirement in the August 8,
2002 final rule that prohibits a welded cylinder from being used for
Hazard Zone A materials (see Sec. Sec. 173.226(a) and 173.228(b) of
the August 8, 2002 final rule). Appellants ask us to provide time for
transporting filled cylinders for reprocessing or disposal of the
cylinder's contents. We agree. In this final rule, we are revising the
prohibition to permit a welded cylinder that is filled with a Hazard
Zone A material prior to October 1, 2002, to be transported for
reprocessing or disposal until April 1, 2003.
In addition, in this final rule, we are clarifying a requirement
applicable to cylinders used to transport oxygen. In Sec. 173.302, the
August 8, 2002 final rule included provisions applicable to aluminum
cylinders used to transport oxygen. One of the requirements states that
each valve or portion of a valve that comes into contact with the
oxygen being transported must be constructed of brass or stainless
steel. Several appellants point out that some aluminum oxygen cylinders
have valve components made of non-metallic materials that may come in
contact with the oxygen. It was not our intention to require persons
transporting oxygen in aluminum cylinders to replace non-metallic
valves or valve components with brass or stainless steel. Therefore, in
this final rule we are clarifying that metallic portions of valves that
may come into contact with the oxygen in the cylinder must be
constructed of brass or stainless steel.
Appellants also point out that we inadvertently excepted all
acetylene cylinders from the valve protection requirements in Sec.
173.301(h) of the August 8, 2002 final rule. Appellants are correct
that this was not our intent. As we stated in the preamble to the final
rule (67 FR 51631), our intention was to except only acetylene MC
cylinders and other types of small-capacity cylinders from the valve
protection requirements. Therefore, in this final rule, we are revising
the exception for acetylene cylinders to except small capacity MC and B
style cylinders from valve protection requirements.
Partial Denial of Appeals
CGA and several other appellants also contend that HM-220D was
issued as a final rule with no opportunity for public comment. They
state that HM-220D should be withdrawn and converted to an NPRM with
sufficient time provided for persons to review and comment on the
proposals. We do not agree. We proposed to make the changes adopted
under HM-220D in a notice of proposed rulemaking published under Docket
No. RSPA-98-3684 (HM-220) on October 30, 1998 (63 FR 58460). The
comment period for HM-220 closed September 30, 1999. In addition, we
held three public meetings to discuss the HM-220 proposals on December
8, 1998 (63 FR 58460; October 30, 1998), January 28, 1999 (63 FR 72224;
December 31, 1998), and April 13-15, 1999 (64 FR 9114; February 24,
1999). On February 13, 2002, we separated the proposals applicable to
current DOT specification
[[Page 61289]]
cylinders, from those applicable to the metric-marked cylinders, and
placed them under Docket No. RSPA-01-10373 (HM-220D) (67 FR 6667).
Therefore, RSPA finds the appellants' claim that we did not provide the
public with an opportunity to comment on this rule is without merit and
is denied.
RSPA's procedural regulations for handling appeals of final rules
require us to take action on appeals within 90 days after the date of
publication of the final rule (see 49 CFR 106.130). If we anticipate
that our decision on an appeal may be delayed beyond the 90-day time
frame, we must provide notice of the delay in the Federal Register. For
the August 8, 2002 final rule, the 90-day deadline is November 6, 2002.
We intend to consider the issues raised by appellants concerning the
above listed sections of the August 8, 2002 final rule as expeditiously
as possible; however, it is unlikely that we will be able to resolve
all the issues by November 6, 2002. We plan to address all issues
raised by appellants by May 30, 2003.
List of Subjects
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 177
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
In consideration of the foregoing, title 49, Chapter I of the Code
of Federal Regulations, is amended as follow:
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
1. The authority citation for Part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
2. In Sec. 173.40, as revised at 67 FR 51642, effective October 1,
2002, revise paragraph (b) to read as follows:
Sec. 173.40 General packaging requirements for toxic materials
packaged in cylinders.
* * * * *
(b) Outage and pressure requirements. For Hazard Zone A and, after
May 30, 2003, Hazard Zone B materials, the pressure of the hazardous
material at 55[deg] C (131[deg] F) may not exceed the service pressure
of the cylinder. Sufficient outage must be provided so that the
cylinder will not be liquid full at 55[deg] C (131[deg] F).
* * * * *
3. In Sec. 173.226, as amended at 67 FR 51643, effective October
1, 2002, revise paragraph (a) to read as follows:
Sec. 173.226 Materials poisonous by inhalation, Division 6.1, Packing
Group I, Hazard Zone A.
* * * * *
(a) In seamless specification cylinders conforming to the
requirements of Sec. 173.40. However, a welded cylinder filled before
October 1, 2002, may be transported for reprocessing or disposal of the
cylinder's contents until April 1, 2003.
* * * * *
4. In Sec. 173.228, as revised at 67 FR 51643, effective October
1, 2002, revise paragraph (b) to read as follows:
Sec. 173.228 Bromine pentaflouride or bromine trifluoride
* * * * *
(b) A material in Hazard Zone A must be transported in a seamless
specification cylinder conforming to the requirements of Sec. 173.40.
However, a welded cylinder filled before October 1, 2002, may be
transported for reprocessing or disposal of the cylinder's contents
until April 1, 2003. No cylinder may be equipped with a pressure relief
device.
5. In Sec. 173.301, as revised at 67 FR 51643, effective October
1, 2002, the following amendments are made:
a. Paragraphs (f)(2), (f)(3), (h)(1)(vii) are revised.
b. The word ``or'' at the end of paragraph (h)(2)(ii) is removed.
c. The period at the end of paragraph (h)(2)(iii) is removed and
``; or'' is added in its place.
d. Paragraph (h)(2)(iv) is added.
The amendments read as follows:
Sec. 173.301 General requirements for shipment of compressed gases in
cylinders and spherical pressure vessels.
* * * * *
(f) * * *
(2) After May 30, 2003, when a pressure relief device is installed,
the inlet port to the relief channel must be in the vapor space of the
cylinder.
(3) For a DOT 3, 3A, 3AA, 3AL, 3AX, 3AXX, 3B or 3BN cylinder, from
the first requalification due after May 30, 2003, the set pressure of
the pressure relief device must be at test pressure with a tolerance of
-10% to +0.
* * * * *
(h) * * *
(1) * * *
(vii) A ``B'' style cylinder with a capacity of 40 ft \3\ (1.13
m\3\) or an ``MC'' style cylinder with a capacity of 10 ft \3\
(0.28m\3\) containing acetylene.
(2) * * *
(iv) Notwithstanding the provisions of paragraph (h)(2)
introductory text of this section, until May 30, 2003, by loading the
cylinders in an upright position and securely bracing the cylinders in
cars or motor vehicles, when loaded by the consignor and unloaded by
the consignee.
* * * * *
6. In Sec. 173.301a, as added at 67 FR 51645, effective October 1,
2002, revise paragraph (d)(3) to read as follows:
Sec. 173.301a Additional general requirements for shipment of
specification cylinders.
* * * * *
(d) * * *
(3) After May 30, 2003, for toxic materials the pressure in the
cylinder at 55[deg] C (131[deg] F) may not exceed the service pressure
of the cylinder.
* * * * *
7. In Sec. 173.302, as revised at 67 FR 51646, effective October
1, 2002, revise paragraph (b)(1) to read as follows:
Sec. 173.302 Filling of cylinders with nonliquefied (permanent)
compressed gases.
* * * * *
(b) * * *
(1) Metallic portions of a valve that may come into contact with
the oxygen in the cylinder must be constructed of brass or stainless
steel.
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
8. The authority citation for Part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 177.840 [Amended]
9. In Sec. 177.840, as amended at 67 FR 51652, effective October
1, 2002, the last sentence in paragraph (a)(1) is amended by removing
the wording ``A cylinder containing'' and adding in its place ``After
May 30, 2003, a cylinder containing''.
Issued in Washington DC on September 24, 2002, under authority
delegated in 49 CFR Part 1.
Elaine E. Joost,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 02-24707 Filed 9-27-02; 8:45 am]
BILLING CODE 4910-60-P
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