NEWS Alert

PHMSA ANPRM Regarding Miscellaneous Amendments Pertaining to DOT Specification Cylinders

On May 29, 2012, the Pipeline and Hazardous Safety Materials Safety Administration (“PHMSA”) published an Advance Notice of Proposed Rulemaking (ANPRM). In the ANPRM, PHMSA is considering amendments to revise and clarify the Hazardous Materials Regulations (HMR) applicable to cylinder manufacture, maintenance, and use.

Federal hazardous material transportation law (Federal hazmat law), 49 U.S.C. 5101–5127, authorizes the Secretary of Transportation to regulate the manufacture and continuing qualification of packagings used to transport hazardous materials in commerce, or packagings certified under Federal hazmat law for the transportation of hazardous materials in commerce. In this ANPRM, PHMSA seeks comment on ten petitions for rulemaking submitted by the compressed gas industry, including cylinder manufacturers, cylinder requalifiers, hazardous materials trainers, shippers, and carriers of compressed gases. The following table provides a brief summary of the petitions addressed in this ANPRM and affected sections:

Petition

Party Submitting Petition

Summary

P-1499

The Compressed Gas Association (CGA)

Requests PHMSA incorporate by reference CGA C–6 Standards for Visual Inspection of Steel Compressed Gas Cylinders2007, 10th edition, in place of the 7th edition (§§ 173.3, 173.198, 180.205, 180.209, 180.211, 180.411, and 180.519).

P-1501

The Compressed Gas Association

Requests modifications to the manufacturing and testing specifications for series 4 cylinders in §§ 178.50, 178.51, 178.61, and 178.68.

P-1515

Certified Training Co.

Proposes numerous revisions to the requirements for the requalification of DOT specification cylinders in §§ 180.203–180.215.

P-1521

The Compressed Gas Association

Proposes to revise § 172.400a to allow the use of the labels described in CGA C–7–2004 Appendix A on cylinders that are overpacked.

P-1540

The Compressed Gas Association

Proposes to require manufacturers to mark newly-constructed DOT 4B, DOT 4BA, DOT 4BW and DOT 4E specification cylinders with the mass weight (MW) or tare weight (TW), and water capacity (WC) (§ 178.35).

P-1546

GSI Training Services, Inc.

Requests a revision to the HMR to allow cylinders used in fixed fire suppression systems to utilize the exceptions in § 173.309(a) for fire extinguishers.

P-1560

Air Products and Chemicals, Inc.

Requests increased maximum permitted filling densities for specification cylinders containing carbon dioxide and nitrous oxide (§ 173.304a).

P-1563

3M, Inc

Proposes to allow materials packaged in accordance with § 173.301(a)(9) to be marked with the OVERPACK marking.

P-1572

Barlen and Associates, Inc.

Requests clarification of the requirements for the filling density a for liquefied compressed gases contained in multiple element gas containers (MEGCs) and manifolded cylinders (§§ 173.301(g) and 173.312).

P-1580

HMT Associates, Inc.

Proposes to resolve a discrepancy between the HMR and CGA S–1.1 regarding the pressure relief device tolerances for DOT 39 cylinders transported by aircraft (§§ 173.301(f)(2) and 173.304(f)(2)).

These amendments would update and expand the use of currently authorized industry consensus standards, revise the construction, marking and testing requirements of DOT–4 series cylinders, clarify the filling requirements for cylinders, discuss the handling of cylinders used in fire suppression systems, and revise the requalification and condemnation requirements for cylinders. PHMSA will review comments on the amendments described in this ANPRM for their potential economic and safety implications and will use these comments to craft more specific proposals in any potential future rulemaking. PHMSA requests that commenters note the applicable petition when submitting comments.

For further information concerning the ANPRM, or to submit a comment, please contact Ronce Almond at (202) 457-7790.

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