[Federal Register: February 13, 2002 (Volume 67, Number 30)]
[Proposed Rules]
[Page 6667-6668]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe02-26]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 107, 171, 172, 173, 177, 178, and 180
[Docket No. RSPA-98-3684 (HM-220)]
RIN 2137-AA92
Hazardous Materials: Requirements for DOT Specification
Cylinders; Withdrawal of Published Proposals and Termination of
Rulemaking
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Proposed rulemaking; withdrawal of published proposals and
termination of rulemaking.
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SUMMARY: On October 30, 1998, RSPA published a notice of proposed
rulemaking (NPRM) to amend certain requirements in the Hazardous
Materials Regulations that apply to the maintenance, requalification,
repair, and use of DOT specification cylinders. In addition, RSPA
proposed to establish four new metric-marked cylinder specifications
and to discontinue authorization for the manufacture of cylinders to
certain current DOT specifications. For administrative purposes, RSPA
is terminating action under this docket. Proposals in the NPRM related
to establishing new metric-marked cylinder specifications and
discontinuing current DOT specification cylinders are withdrawn.
Proposals in the NPRM related to maintenance, requalification, repair,
and use of DOT specification cylinders will be addressed in a final
rule to be issued under a new docket number.
FOR FURTHER INFORMATION CONTACT: Susan Gorsky, telephone number (202-
366-8553) Office of Hazardous Materials Standards, or Cheryl Freeman,
telephone number (202) 366-4545, Office of Hazardous Materials
Technology, Research and Special Programs Administration, U.S.
Department of Transportation, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On October 30, 1998, the Research and Special Programs
Administration (RSPA, we) published a notice of proposed rulemaking
(NPRM) under Docket HM-220 (63 FR 58460). In the NPRM, we proposed to
amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)
to: (1) Establish four new DOT cylinder specifications that would
replace 12 current cylinder specifications; (2) revise the requirements
for maintenance, requalification, repair and use of all DOT
specification cylinders; and (3) discontinue the manufacture of certain
specification cylinders. We took this action because we have not
updated many of the current cylinder specifications since their
adoption in the regulations prior to the 1950s. The proposed changes
were intended to enhance operational controls and transportation safety
by incorporating into the HMR new manufacturing and testing
technologies and clarifying existing regulatory requirements. In
addition, the proposed changes addressed three National Transportation
Safety Board (NTSB) recommendations for improving the safety of
cylinders in transportation. Finally, the proposed changes eased the
burden on the regulated industry by incorporating the provisions of
more than 30 exemptions into the HMR.
More than 140 commenters submitted over 200 written comments in
response to the NPRM, including representatives of cylinder
manufacturers, cylinder parts and equipment manufacturers,
requalifiers, refillers, gas producers, distributors, shippers,
carriers, users, emergency responders, industry trade associations,
federal and state governmental agencies, private consultants, and
private citizens. In addition, we held a series of public meetings to
provide technical information on the proposals and to obtain
clarification of certain industry comments.
A listing of the more significant proposals appears in the NPRM on
page 58461 of the 1998 Federal Register notice. Readers should refer to
the NPRM for detailed background discussions.
[[Page 6668]]
II. Proposals To Be Withdrawn
Many commenters were supportive of RSPA's efforts to address the
issues raised in the NPRM. However, most commenters opposed the
proposals to establish four new metric-marked cylinder specifications,
discontinue authorization for the manufacture of certain specification
cylinders, and require the use of ultrasonic examination for cylinder
requalification. For the reasons outlined below, these proposals are
withdrawn.
A. Proposal to establish four new metric-marked cylinder
specifications--Withdrawn
The 1998 HM-220 NPRM proposed to establish four new cylinder
specifications. The NPRM identified the proposed new seamless cylinder
specifications as DOT 3M, 3ALM, and 3FM and the welded cylinder
specification as DOT 4M. The proposed specifications are more
performance-oriented than the current DOT cylinder specifications, and
incorporate technological innovations and practices. The NPRM proposed
to identify the new specification cylinders with a unique specification
marking that closely approximates the markings in draft standards
developed by the International Standards Organization (ISO) and the
European Committee for Standardization. The new specification marking
proposal required cylinders to be marked in metric units, and with a
test pressure in place of the currently-required service pressure. In
addition, all cylinders manufactured or rebuilt to the new DOT metric-
marked cylinder specifications were subject to independent inspection.
Most commenters opposed the proposed new cylinder specifications.
In particular, commenters objected to adoption of specifications based
on draft ISO documents. These commenters were concerned that the ISO
drafts could be changed and that cylinders manufactured to the draft
standards may not be accepted for transportation in the world market.
Commenters requested that we delay consideration of the proposed
metric-marked cylinder specifications until the ISO finalizes its work
on the international cylinder standards, and the United Nations (UN)
Committee of Experts on the Transport of Dangerous Goods incorporates
the ISO standards into the UN Recommendations on the Transport of
Dangerous Goods (UN Model Regulations).
Based on the merits of the comments received, we agree the proposed
metric-marked cylinder standards and related proposals that were based
on the draft ISO standard should not be adopted. We worked closely with
the UN Committee of Experts as it developed an international cylinder
standard based on the ISO requirements referenced above. The new
international standard was adopted as part of the UN Model Regulations
in December 2000. We will address issues related to the harmonization
of the U.S. cylinder regulations with the UN Model Regulations in a
future rulemaking.
B. Proposal to discontinue authorization for the manufacture of
cylinders to certain current DOT specifications--Withdrawn
The 1998 HM-220 NPRM proposed a phased-out termination of the
manufacture of cylinders made to DOT specifications 3A, 3AA, 3AX, 3AAX,
3AL, 3B, 3T, 3BN, 4B, 4BA, 4BW, 4B240ET, and 4E; and a transition
period of five years from the effective date of the final rule for the
continued construction of them. Under the NPRM, all existing cylinders
made to these specifications were authorized for continued use,
provided they conform to the requalification standards. Numerous
commenters objected to the proposal to phase-out the manufacture of
these cylinders. They stated that cylinders made to these
specifications have a proven safety record, and that we provided no
data to support discontinuing their manufacture. We agree and are
withdrawing the proposal.
In conjunction with our withdrawal of the proposal to establish
four new metric-marked cylinder specifications for seamless and welded
cylinders, we also are withdrawing the proposal to prohibit new
construction of certain DOT specification cylinders after five years.
Thus, continued manufacture of cylinders made to DOT specifications 3A,
3AA, 3AX, 3AAX, 3AL, 3B, 3T, 3BN, 4B, 4BA, 4BW, 4B240ET, and 4E is
authorized.
C. Proposal to require ultrasonic examination for the requalification
of certain cylinders--Withdrawn
The 1998 HM-220 NPRM proposed to require metric-marked cylinders to
be requalified using ultrasonic examination, and to permit ultrasonic
examination as an alternative requalification method for current DOT
specification cylinders. Several commenters supported the use of
alternative requalification test methods, such as ultrasonic
examination and acoustic emission. These commenters state that these
methods may be more effective than a pressure test, especially for
cylinders where contamination is an issue. One commenter noted that its
use of ultrasonic examination has resulted in substantial cost savings.
However, most commenters strongly objected to the proposal to requalify
cylinders by ultrasonic examination. These commenters were concerned
about the potentially high cost of new ultrasonic examination equipment
and stated that ultrasonic examination is not as effective as a
pressure test in detecting flaws in cylinders with flat bottoms or
hemispherical ends. These commenters also suggested we develop more
specific guidelines for cylinder requalifiers on the use of ultrasonic
examination.
In consideration of the comments received, both pro and con, we are
withdrawing the proposal to authorize the use of ultrasonic examination
as an alternative requalification method under general provisions in
the regulations. We will continue to allow the use of ultrasonic
examination to requalify cylinders under the exemption program. We may
re-examine this issue in a future rulemaking.
III. Separation of Published Proposals and Termination of
Rulemaking
A number of the proposals in the 1998 NPRM issued under Docket HM-
220 addressed maintenance, requalification, repair, and use of current
DOT specification cylinders. Commenters generally supported these
proposals. However, a substantial portion of the 1998 HM-220 NPRM
relates to the proposed manufacture, requalification, and use of
metric-marked cylinders. Therefore, we are separating the proposals
applicable to current DOT specification cylinders, including proposals
related to the three NTSB recommendations, from those applicable to
metric-marked cylinders. We plan to issue a final rule to address the
proposals applicable to current DOT specification cylinders under a new
Docket, HM-220D, identified as Docket No. RSPA-O1-10373, RIN 2137-AD58.
Further action under this Docket No. RSPA-98-3684, HM-220, RIN 2137-
AA92, is hereby terminated.
Issued in Washington, DC on February 7, 2002, under authority
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety, Research and
Special Programs Administration.
[FR Doc. 02-3461 Filed 2-12-02; 8:45 am]
BILLING CODE 4910-60-P