
[Federal Register: April 9, 2009 (Volume 74, Number 67)]
[Rules and Regulations]               
[Page 16135-16144]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap09-11]                         

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 173, 176, 178, and 180

[Docket No. PHMSA-2006-25910 (HM-218E)]
RIN 2137-AE23

 
Hazardous Materials: Miscellaneous Cargo Tank Motor Vehicle and 
Cylinder Issues; Petitions for Rulemaking

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Final rule.

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SUMMARY: PHMSA is amending the Hazardous Materials Regulations to 
revise certain requirements applicable to the manufacture, maintenance, 
and use of DOT and MC specification cargo tank motor vehicles, DOT 
specification cylinders and UN pressure receptacles. The revisions are 
based on petitions for rulemaking submitted by the regulated community 
and are intended to enhance the safe transportation of hazardous 
materials in commerce, clarify regulatory requirements, and reduce 
operating burdens on cargo tank and cylinder manufacturers, 
requalifiers, carriers, shippers, and users. The most significant 
amendment adopted in this final rule addresses a safety issue 
identified by the National Transportation Safety Board concerning the 
transportation of compressed gases in cylinders mounted on motor 
vehicles or in frames, commonly referred to as tube trailers.

DATES: Effective Date: This final rule is effective May 11, 2009.
    Voluntary Compliance Date: Voluntary compliance with all these 
amendments, including those with delayed mandatory compliance, is 
authorized as of April 9, 2009.
    Incorporation by Reference Date: The incorporation by reference of 
publications listed in this final rule has been approved by the 
Director of the Federal Register as of May 11, 2009.

FOR FURTHER INFORMATION CONTACT: Hattie L. Mitchell, Office of 
Hazardous Materials Standards, Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, East Building, 1200 
New Jersey Avenue, SE., Washington, DC 20590-0001, telephone (202) 366-
8553.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Administrative Procedure Act (APA) requires Federal agencies to 
give interested persons the right to petition for the issuance, 
amendment, or repeal of a rule (5 U.S.C. 553(e)). PHMSA's rulemaking 
procedure regulations, at 49 CFR 106.95, provide for persons to ask 
PHMSA to add, amend or delete a regulation by filing a petition for 
rulemaking containing adequate support for the requested action. In 
this final rule, PHMSA (also ``we'' or ``us'') is amending the HMR 
based on petitions for rulemaking submitted by cargo tank and cylinder 
manufacturers, requalifiers, shippers, and carriers. We are also 
incorporating revisions to address requests for clarification of the 
regulations. These revisions are intended to enhance the safe 
transportation of hazardous materials in cargo tank motor vehicles and 
cylinders, clarify regulatory requirements, and reduce operating 
burdens on carriers, shippers, and users.

II. Notice of Proposed Rulemaking

    We published a notice of proposed rulemaking (NPRM) under this 
docket on April 12, 2007 (72 FR 18446). The comment period for the NPRM 
closed on June 11, 2007. PHMSA received 21 comments from the following 
individuals, companies, and organizations:
    (1) Matheson Tri Gas (Matheson; PHMSA-2006-25910-2 and 4);
    (2) Clifford L. Bartley (Bartley; PHMSA-2006-25910-3);
    (3) A&S Enterprises (A&S PHMSA-2006-25910-4);
    (4) Taylor-Wharton Huntsville (Taylor-Wharton; PHMSA-2006-25910-5);
    (5) Catalina Cylinders (Catalina; PHMSA-2006-25910-7);
    (6) Norco Welding-Safety Medical Gases & Supplies (Norco; PHMSA-
2006-25910-8);
    (7) Richard O. Harder (Harder; PHMSA-2006-25910-9);
    (8) Scott Specialty Gases (Scott Specialty; PHMSA-2006-25910-10);
    (9) Chemetall Foote Corp. (Chemetall; PHMSA-2006-25910-11);
    (10) National Transportation Safety Board (NTSB; PHMSA-2006-25910-
13);
    (11) Certified Training Co. (CTC; PHMSA-2006-25910-14);
    (12) Luxfer Gas Cylinders (Luxfer; PHMSA-2006-25910-15);
    (13) Sherwood Harsco Corp. (Sherwood; PHMSA-2006-25910-16);
    (14) Air Products and Chemicals Inc. (Air Products; PHMSA-2006-
25910-17);
    (15) National Propane Gas Assoc. (NPGA; PHMSA-2006-25910-18);
    (16) FMC Lithium (FMC Lithium; PHMSA-2006-25910-19);
    (17) Barlen & Assoc. Inc. (Barlen; PHMSA-2006-25910-20);
    (18) The Linde Group (Linde; PHMSA-2006-25910-21);
    (19) Roberts Oxygen Company, Inc. (Roberts; PHMSA-2006-25910-22);
    (20) Steigerwalt (Steigerwalt; PHMSA-2006-25910-23); and
    (21) Compressed Gas Association (CGA; PHMSA-2006-25910-24).

Commenters are generally supportive of the proposals in the NPRM. All 
of the proposals, with corresponding comments, are discussed in more 
detail below.

III. Proposals Not Adopted

    We are not adopting two of the amendments proposed in the NPRM 
relating to the incorporation by reference of two CGA publications. In 
the NPRM, we proposed the incorporation of CGA V-9 titled ``Standard 
for Compressed Gas Cylinder Valves, 2005 Fifth Edition'' which was 
requested by CGA (P-1422). This amendment contained in proposed 
Sec. Sec.  173.40(c) and 173.301(a)(11) would have required each valve 
on a cylinder to conform to CGA V-9 unless otherwise excepted. We 
received 15 comments from Air Products, Matheson, Taylor-Wharton, 
Catalina, Norco, Harder, Scott Specialty, Chemetall, Luxfer, Sherwood, 
NPGA, FMC Lithium, Barlen, Linde, and Roberts. With the exception of 
Luxfer, these commenters request that we delay the incorporation by 
reference of CGA V-9 to allow sufficient time for CGA to resolve 
certain concerns that would cause confusion to both industry and 
enforcement officials. Luxfer suggests that we adopt CGA V-9 and revise 
the HMR to establish in-process approvals, controls, and inspections 
for the manufacture of V-9 valves. Because CGA is in the process of 
revising the CGA V-9 publication, we agree with the commenters who 
suggest that the publication should not be incorporated into the HMR at 
this time.
    We also proposed the incorporation of CGA C-1 titled ``Methods for 
Hydrostatic Testing of Compressed Gas Cylinders,'' that was requested 
by CGA (P-1485). This amendment contained in proposed Sec.  180.205(g) 
would have required the requalification of cylinders using a pressure 
test conducted in accordance with CGA C-1. Air Products supports 
referencing CGA C-1. Two

[[Page 16136]]

other commenters, A&S and CTC, disagree with referencing the 
publication. A&S states that referencing CGA C-1 for use would not best 
serve the interest of safety and would increase costs for cylinder 
requalifiers who use the hydrostatic test method. However, A&S provided 
no information to support its position. CTC expresses concerns about 
the adequacy of certain provisions in CGA C-1, including test equipment 
accuracy, calibrated cylinder design requirements, and certain 
omissions. Because CGA is in the process of revising the CGA C-1 
publication, we are not incorporating the publication into the HMR at 
this time.

IV. Summary of Adopted Amendments

    The following is a review-by-section summary of changes and, where 
applicable, a discussion of comments received.

A. Part 171

Incorporations by Reference (Sec.  171.7)
    Section 171.7(a) lists the publications incorporated by reference 
(IBR) into the HMR. In addition, paragraph (b) in this section contains 
a list of informational materials not requiring incorporation by 
reference. In the NPRM, we proposed to amend this section by adding or 
revising certain IBR and informational materials. Commenters support 
adoption of these materials. Therefore, in response to CGA petition P-
1489, under the entry ``Compressed Gas Association, Inc.,'' we are 
updating CGA G-2.2, ``Guideline Method for Determining Minimum of 0.2% 
Water in Anhydrous Ammonia,'' from the 1985 Edition to reflect the 1985 
Second Edition, Reaffirmed 1997. Section 173.315(l), prohibits the use 
of MC 330 and MC 331 cargo tanks constructed of quenched and tempered 
``QT'' steel to transport anhydrous ammonia unless the ammonia has the 
specified minimum water content. The analysis of the water content in 
the ammonia is conducted as prescribed in CGA G-2.2. Currently, CGA G-
2.2, 1985, Second Edition is incorporated by reference in Sec.  
171.7(a)(3). CGA reaffirmed this publication in 1997. There were no 
changes to the document other than the title reflecting that it was 
reaffirmed in 1997. The other adopted IBR materials are discussed later 
in this preamble with their applicable regulatory amendments.

B. Part 173

Mobile Refrigeration Systems (Sec.  173.5b)
    In the NPRM, in response to Western Growers Association (WGA) 
petition P-1352, we proposed to revise the HMR to provide for the 
transportation of large, mobile refrigeration systems used by the 
agricultural produce industry at field sites to help preserve freshly 
harvested fruit and vegetables. These refrigeration systems consist of 
ASME non-DOT specification pressure components with a maximum total 
volumetric capacity per vehicle of 2,500 gallons. Refrigerant systems 
placed in service prior to June 1, 1991, have a maximum allowable 
working pressure (MAWP) between 150 to 250 psig; those placed in 
service on or after June 1, 1991, have an MAWP of 250 psig. These 
refrigeration systems, commonly known as vacuum tubes, accumulators, 
refrigeration units, icemakers, pressure coolers or evaporators, 
primarily use Division 2.2 refrigerant gases or anhydrous ammonia in 
the cooling process. The refrigeration systems may or may not be 
mounted on a motor vehicle and currently are operated under a special 
permit (SP-10285) that requires each refrigeration system to be 
visually inspected annually and proof pressure tested at least once 
every two years. In the NPRM, we proposed design and safety control 
measures for these refrigeration systems consistent with those 
specified in the special permit and established conditions for their 
use. We did not receive any comments regarding this amendment; 
therefore, with minor editorial revisions, we are adopting it as 
proposed. In addition, in the IBR materials in Sec.  171.7(b), we are 
adding an entry for the American Society for Testing and Materials' 
publication ASTM E 290-97a (2004) and revising the entries for the ASME 
Code, ASTM A 53/A 53M-06a and ASTM A 106/A 106M-06a to add a 
corresponding reference to Sec.  173.5b.
Classification Criteria for Toxic Gas Mixtures (Sec.  173.115)
    In Sec.  173.115(c)(2), the definition for Division 2.3 material 
(gas poisonous by inhalation) provides that LC50 values for 
mixtures may be determined using the formula in Sec.  173.133(b)(1)(i) 
or CGA P-20, ``Standard for Classification of Toxic Gas Mixtures.'' In 
the NPRM, we proposed to update CGA P-20 from the 1995 2nd edition to 
the 2003 3rd edition as requested by CGA (P-1488). We did not receive 
any comments opposing this update; therefore, we are adopting the 
amendment as proposed.
Tube Trailers (Sec.  173.301)
    This section prescribes general requirements for the shipment of 
compressed gases in cylinders and spherical pressure vessels. Paragraph 
(i) of Sec.  173.301 specifies guidelines for cylinders mounted on 
motor vehicles or in frames, commonly referred to as tube trailers. 
Seamless DOT specification cylinders longer than 2 meters (6.5 feet) 
may be transported only when horizontally mounted on a vehicle or in an 
ISO framework or other framework of equivalent structural integrity. In 
the NPRM, we proposed to revise Sec.  173.301(i) to reference the 
technical bulletin, CGA TB-25, ``Design Considerations for Tube 
Trailers,'' 2005 edition in response to a CGA petition (P-1484). CGA 
TB-25 addresses protective structures for valves and pressure relief 
devices, and design considerations for the static, dynamic, and thermal 
loads affecting tube trailers. These design considerations are intended 
to reduce the likelihood of the tube separating from the trailer and to 
minimize the unintentional release of hazardous materials in the event 
of a highway collision, including but not limited to, a rollover 
accident, thereby promoting the reliable operation of the trailers 
under normal conditions and minimizing the risk of a catastrophic 
accident. CGA developed TB-25 to address safety concerns identified 
following a May 1, 2001 hydrogen gas tube trailer incident in Ramona, 
Oklahoma, investigated by the National Transportation Safety Board 
(NTSB). In the incident, certain horizontally mounted cylinders on a 
semi-trailer, along with valves, piping and fittings, were damaged, 
causing the release of hydrogen gas.
    In the NPRM, we stated the adoption of CGA TB-25 would respond to 
two NTSB safety recommendations (H-02-23 and H-02-24). Based on its 
investigation of the May 1, 2001 accident, NTSB recommended that PHMSA 
revise Sec.  173.301 to clearly require valves, piping, and fittings on 
cylinders that are horizontally mounted and used to transport hazardous 
materials to be protected from multidirectional forces that are likely 
to occur during accidents, including rollovers (Recommendation H-02-23) 
and to require cylinders that are used to transport hazardous materials 
and are horizontally mounted on a semitrailer to be protected from 
impact with the roadway or terrain to reduce the likelihood of their 
being fractured and ejected during a rollover accident (Recommendation 
H-02-24).
    In response to the NPRM, NTSB submitted comments stating that CGA 
TB-25 adequately addresses Safety Recommendation H-02-23, but 
expressing concern that CGA TB-25 does not adequately address Safety 
Recommendation H-02-24. NTSB notes that in the May 1, 2001 accident, 6 
of the 10 cylinders on the semi-trailer extended beyond the envelope of 
the

[[Page 16137]]

mounting bulkheads on the semi-trailer. Consequently, during the 
rollover and sliding of the semi-trailer along the ground, the exposed 
cylinders, rather than the mounting bulkheads, sustained the initial 
impact with the roadway and ground. NTSB states CGA TB-25 does not 
specifically require the individual cylinders to be within the envelope 
of the mounting bulkheads or otherwise be protected from direct impact 
with the roadway or ground and the NPRM does not explain how the 
implementation of the multidirectional loading standards for the 
cylinders and mounting attachments reduces the exposure of cylinders to 
direct impacts in rollover accidents. NTSB also notes the cylinders on 
the tube trailer in the Ramona accident were permanently mounted on the 
trailer chassis, while CGA TB-25 defines a ``tube module'' as an 
assembly of one or more tubes horizontally mounted on a structural 
frame that is designed to be temporarily mounted on a motor vehicle, 
and does not specifically require that tube modules meet the comparable 
loadings and accident protection standards implemented for tube bundles 
that are permanently mounted on a trailer chassis.
    Based on the concerns raised in the NTSB comments, CGA formed a 
committee to address the issues identified by NTSB and responded with 
detailed comments and a revised CGA TB-25 that are available in the 
public docket. CGA disagrees with NTSB on the causal factors of the 
Ramona accident and contends that modifying existing trailers or 
designing new trailers so that the envelope extends beyond the 
cylinders is unjustified based upon the circumstances of the Ramona 
accident. CGA notes that prior to the Ramona tube trailer rollover, 
there are no records of previous incidents that resulted in an actual 
failure of a cylinder. CGA further states that, in the early stages of 
the development of CGA TB-25, a CGA task force spent a significant 
amount of time reviewing the details of the NTSB report, as well as 
information gathered from individuals with first-hand knowledge of the 
investigation and the tube trailer involved, to gain a more thorough 
understanding of the cause of the cylinder failure. The CGA task force 
observed that the threads on the mounting flange and the corresponding 
threads on the neck of the failed tube showed evidence of excessive 
wear. The task force concluded, therefore, that the excessive wear of 
the threads in the mounting flanges allowed the neck on the rear end of 
one of the cylinders to pull loose from the mounting flange during the 
initial rollover. The cantilevered movement of the now unrestrained 
rear end of the cylinder imparted substantial stress on the restrained 
front neck of the cylinder, causing the cylinder neck to fracture. CGA 
notes that its conclusion that contact of the cylinder with the roadway 
was not the cause of the cylinder failure is substantiated by evidence 
from previous rollover incidents where cylinders contacting the road 
surface exhibited only abrasion damage similar to that depicted on the 
remaining cylinders on the tube trailer shown in Figure 5 of the NTSB 
investigation report. As a result, the task force concludes that one of 
the key design considerations for CGA TB-25 should be the securement of 
the tubes within the tube bundles.
    To address this securement issue, CGA established another task 
force to develop inspection criteria for the mounting threads on 
cylinders mounted on tube trailers that could be performed during 
requalification. CGA's publication on mounting thread inspection is 
targeted for publication in early 2009. In the interim, we have posted 
periodic thread inspection guidelines for cylinders mounted on tube 
trailers on the PHMSA Web site (http://www.phmsa.dot.gov/staticfiles/
PHMSA/DownloadableFiles/ Files/Inspection_Procedure.pdf). To address 
NTSB's concern regarding the distinction between the requirements for a 
tube module and a tube bundle, CGA revised TB-25 to address its 
applicability to tube modules. In this final rule, we are incorporating 
the revised CGA TB-25, 2008 edition by reference into the HMR.
Requalification of DOT 3BN Cylinders (Sec.  173.338)
    Section 173.338 authorizes the use of DOT 3BN cylinders for the 
shipment of tungsten hexafluoride. In response to a petition (P-1458) 
from Air Products, we proposed in the NPRM to permit DOT 3BN cylinders 
used exclusively for tungsten hexafluoride to be requalified by an 
external visual inspection in place of the volumetric expansion test. 
The proposal was based on the safety record of a similar chemical, 
hydrogen fluoride, which has a similar exception. This alternative 
requalification method is currently authorized under the terms of a 
special permit (DOT SP-14016). In response to the proposed amendment, 
Air Products requests that we revise the proposed language to allow a 
cylinder utilizing this exception to be given a complete internal 
inspection and a volumetric expansion test if used to transport other 
types of hazardous materials rather than require the cylinder to be 
removed from service and condemned, as required under the special 
permit. Air Products notes that cylinders used in tungsten hexafluoride 
service are authorized for the transportation of other types of 
compressed gases provided all applicable HMR requirements are met. Air 
Products further notes that the condemnation requirement in DOT SP-
14016 was based on the fact that it was applied for and granted on an 
emergency basis. The commenter is not correct. We included the 
condemnation requirement in the special permit because of the 
similarity of the two chemicals. Air Product has not provided any 
technical and safety data to support waiving the requirement. 
Therefore, the amendment is adopted as proposed.

C. Part 176

Stowage Requirements for Class 2 Material on Vessels (Sec.  176.200)
    Section 176.200 prescribes general stowage requirements for Class 2 
(compressed gases) materials transported aboard vessels. In response to 
a petition (P-1471) from Horizon Lines, we proposed in the NPRM to 
prohibit the stowage on vessels of Division 2.1 (flammable) gases in 
powered refrigerated temperature controlled containers (reefer units) 
unless the equipment is capable of preventing ignition of flammable 
vapors by having non-sparking or explosion-proof electric fittings 
within the cooling compartment. This amendment is consistent with 
requirements contained in the International Maritime Dangerous Goods 
Code. We received one supportive comment (Bartley). We did not receive 
any comments opposing this amendment; therefore, we are adopting it as 
proposed.

D. Part 178

DOT 4E Cylinders (Sec.  178.68)
    Section 178.68 contains the manufacturing specification for DOT 4E 
welded aluminum cylinders. Paragraph (l)(2) specifies the guided bend 
test procedures and rejection criteria to be applied to welds. In 
response to a petition (P-1486) from Worthington Cylinders Corp 
(Worthington), we proposed in the NPRM to revise paragraph (l)(2) to 
authorize the use of an alternate bend test illustrated in paragraph 12 
of The Aluminum Association's publication, ``Welding Aluminum: Theory 
and Practice'' for determining the soundness of circumferential seam 
welds on aluminum cylinders. We did not receive

[[Page 16138]]

any comments opposing this amendment; therefore, we are adopting it as 
proposed.
DOT 406, 407, and 412 Cargo Tank Motor Vehicles (Sec.  178.345-3)
    Section 178.345-3 prescribes structural integrity requirements for 
the design and construction of DOT 406, DOT 407, and DOT 412 cargo tank 
motor vehicles. In response to a petition (P-1408) from TTMA, we 
proposed in the NPRM to revise paragraph (a) to reference TTMA RP 96-
01, ``Structural Integrity of DOT 406, DOT 407, and DOT 412 Cylindrical 
Cargo Tanks,'' as suitable guidance for performing the structural 
integrity calculations. We did not receive any comments regarding this 
amendment; therefore, we are adopting it as proposed. In addition, we 
are revising paragraph (b) of Sec.  171.7, List of informational 
materials not requiring incorporation by reference, to add a reference 
to TTMA RP No. 96-01 and a corresponding section reference for Sec.  
178.345-3.
Manhole Assemblies on DOT 406, 407, and 412 Cargo Tank Motor Vehicles 
(Sec.  178.345-5)
    Section 178.345-5 prescribes requirements for manhole assemblies 
used on DOT 406, DOT 407, and DOT 412 cargo tank motor vehicles. In 
response to a petition (P-1372) from TTMA, we proposed in the NPRM to 
revise paragraph (f) to remove a duplicative manhole marking 
requirement. We did not receive any comments regarding this amendment; 
therefore, we are adopting it as proposed except for certain minor 
editorial revisions.

E. Part 180

Cargo Tank Testing and Inspection (Sec.  180.407)
    Section 180.407 prescribes requirements for the periodic testing 
and inspection of specification cargo tanks. Paragraph (d)(3) of Sec.  
180.407 requires each reclosing pressure relief valve that is required 
to be removed and tested to be able to open at the required set 
pressure and reseat to a leak-tight condition at 90 percent of the set-
to-discharge pressure or the pressure for the applicable cargo tank 
specification. In response to a petition for rulemaking from Keehn 
Service Corporation (Keehn Service) (P-1436), we proposed to revise 
paragraphs (d)(3) and (g)(1)(ii)(A) of Sec.  180.407 to specify that 
reclosing and self-closing pressure relief valves must be set to 
discharge at a pressure no more than 110% of the required set pressure. 
Providing for a tolerance is consistent with the set-to-discharge 
tolerance allowed for certain other DOT specification pressure vessels. 
We received comments from Air Products and NPGA regarding this proposed 
amendment. Air Products is supportive of the amendment as proposed. 
NPGA recommends the usage of the term ``start-to-discharge'' in place 
of the term ``set-to-discharge.'' NPGA also suggests we clarify that 
reseating to a leak tight position should occur at ``no less than'' 90 
percent of the set-to-discharge pressure. We agree with both 
suggestions and believe that they would benefit the regulated 
community. Also, the tank car and portable tank requirements in the HMR 
use similar terminology.

V. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under authority of 49 U.S.C. 5103(b), 
which authorizes the Secretary of Transportation to prescribe 
regulations for the safe transportation, including security, of 
hazardous material in intrastate, interstate, and foreign commerce. The 
purpose of this final rule is to enhance the safe transportation of 
hazardous materials in cargo tank motor vehicles and cylinders, clarify 
regulatory requirements, and reduce operating burdens on carriers, 
shippers, and users.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget (OMB). This rule is not 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034).
    In this final rule, we are amending the HMR to enhance safety and 
to offer greater flexibility in complying with the regulatory 
requirements for cargo tanks and cylinders without sacrificing the 
current HMR level of safety. Most of these amendments are based on 
petitions for rulemaking submitted by the regulated community and, for 
the most part, should reduce overall compliance costs. For example, 
several of the amendments adopted in this final rule provide regulatory 
relief through alternative means of compliance with certain industry 
consensus standards. Adoption of industry standards reduces the 
regulatory burden on persons who offer hazardous material for 
transportation and persons who transport hazardous materials in 
commerce. Industry standards developed and adopted by consensus 
generally are accepted and followed by the industry; thus, their 
incorporation by reference in the HMR assures that the industry is not 
forced to comply with a different set of standards to accomplish the 
same safety goal. In addition, several amendments adopted in this final 
rule provide regulatory relief through compliance with certain 
nationally and internationally recognized standards such as the 
American Society of Mechanical Engineers (ASME) Boiler and Pressure 
Vessel Code and standards published by the American Society for Testing 
and Materials (ASTM) and the International Organization for 
Standardization (ISO). Requiring regulatory compliance with standards 
such as the ASME Code, ASTM and ISO takes advantage of established and 
well-defined and proven practices.
    Additionally, we are addressing a safety problem involving the 
transportation of hazardous materials in tube trailers through adoption 
of CGA consensus standard TB-25, ``Design Considerations for Tube 
Trailers.'' The updated CGA standard addresses safety concerns 
identified by NTSB in its investigation of an accident involving tube 
trailers that resulted in the release of hydrogen gas. We anticipate 
transportation of hydrogen gas in tube trailers will increase 
significantly in the coming years to support its use as an alternative 
fuel for automobiles and other vehicles. Ensuring that hydrogen gas 
will be transported safely to suppliers and distribution centers will 
be essential to support its use as an alternative fuel. The CGA 
standard addresses protective structures for valves and pressure relief 
devices and design considerations for static, dynamic, and thermal 
loads affecting tube trailers. The standard is intended to reduce the 
likelihood of the tubes separating from the trailer and to prevent the 
unintentional release of hazardous materials in the event of a highway 
collision or rollover accident. Because we are adopting an industry 
consensus standard that revises a standard already in widespread use, 
we expect compliance costs associated with this proposal will be 
minimal.
    Overall this final rule will enhance transportation safety and 
reduce the overall compliance burden on the regulated industry.

C. Executive Order 13132

    This final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). This 
final rule

[[Page 16139]]

preempts State, local, and Indian tribe requirements but does not 
propose any regulation that has substantial direct effects on the 
States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    The Federal hazardous materials transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) that 
preempts State, local, and Indian tribe requirements on certain covered 
subjects. Covered subjects are:
    (i) The designation, description, and classification of hazardous 
material;
    (ii) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (iii) The preparation, execution, and use of shipping documents 
related to hazardous material and requirements related to the number, 
contents, and placement of those documents;
    (iv) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (v) The design, manufacture, fabrication, inspection, marking, 
maintenance, reconditioning, repair, or testing of a packaging or 
container represented, marked, certified, or sold as qualified for use 
in transporting hazardous material in commerce.
    This final rule addresses covered subject items (v) above and 
preempts State, local, and Indian tribe requirements not meeting the 
``substantively the same'' standard. Federal hazardous materials 
transportation law provides at Sec.  5125(b)(2) that, if DOT issues a 
regulation concerning any of the covered subjects, DOT must determine 
and publish in the Federal Register the effective date of Federal 
preemption. The effective date may not be earlier than the 90th day 
following the date of issuance of the final rule and not later than two 
years after the date of issuance. PHMSA has determined the effective 
date of Federal preemption for these requirements will be 1 year from 
the date of publication of a final rule in the Federal Register.

D. Executive Order 13084

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this rule does 
not significantly or uniquely affect the communities of the Indian 
tribal governments and does not impose substantial direct compliance 
costs, the funding and consultation requirements of Executive Order 
13084 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Regulatory Policies and Procedures

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
final rule incorporates several petitions for rulemaking submitted by 
the regulated community. As specified above, there may be minimal 
increased costs associated with the adoption of CGA TB-25. However, the 
revisions as a whole in this rule should decrease overall compliance 
costs for the regulated community while enhancing the safe 
transportation of hazardous materials in commerce. Therefore, I certify 
this rule should not have a significant economic impact on a 
substantial number of small entities.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure potential impacts of 
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    PHMSA currently has approved information collections under Office 
of Management and Budget (OMB) Control Number 2137 0014, ``Cargo Tank 
Specification Requirements,'' with an expiration date of February 28, 
2011. This final rule contains no new information collection and 
recordkeeping requirements. The annual visual inspection certification 
and record retention requirement prescribed for portable and mobile 
refrigeration systems in Sec.  173.5b(d) of the final rule are required 
currently under the terms of the special permit (DOT-SP 10285) and are 
included in the burden hours reported under OMB Control Number 2137-
0014.
    Title 5, Code of Federal Regulations requires us to provide 
interested members of the public and affected agencies an opportunity 
to comment on information collection and recordkeeping requests. Under 
the Paperwork Reduction Act of 1995, no person is required to respond 
to an information collection unless it has been approved by OMB and 
displays a valid OMB control number. Section 1320.8(d), Title 5, Code 
of Federal Regulations requires that PHMSA provide interested members 
of the public and affected agencies an opportunity to comment on 
information collection and recordkeeping requests.
    Requests for a copy of these information collections should be 
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous 
Materials Standards (PHH-10), Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue, SE., (Second Floor, East 
Building), Washington, DC 20590-0001, Telephone (202) 366-8553.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

H. Unfunded Mandates Reform Act

    This final rule imposes no unfunded mandates and thus does not 
impose unfunded mandates under the Unfunded Mandates Reform Act of 
1995.

I. Environmental Assessment

    The National Environmental Policy Act (42 U.S.C. 4321-4375) 
requires that Federal agencies analyze proposed actions to determine 
whether the action will have a significant impact on the human 
environment. The Counsel on Environmental Quality (CEQ) regulations 
order Federal agencies to conduct an environmental review considering 
(1) The need for the proposed action; (2) alternatives to the proposed 
action; (3) probable environmental impacts of the proposed action and 
alternatives; and (4) the agencies and persons consulted during the 
consideration process. 40 CFR 1508.9(b).
1. Purpose and Need
    PHMSA is making miscellaneous amendments to the HMR based on 
petitions for rulemaking and PHMSA's own initiatives. The amendments 
are intended to update, clarify, or provide relief from certain 
existing regulatory requirements to promote safer transportation 
practices; eliminate unnecessary regulatory requirements; resolve 
outstanding petitions for rulemaking; and make these requirements 
easier to understand.

[[Page 16140]]

2. Alternatives
    In developing the proposed rule, we considered two alternatives:
    (1) Do nothing.
    (2) Propose revisions to the HMR based on petitions for rulemaking 
and PHMSA initiatives.
    Alternative 1:
    Because our goal is to facilitate uniformity, compliance, commerce 
and safety in the transportation of hazardous materials, we rejected 
this alternative.
    Alternative 2:
    Many of the industry standards currently incorporated by reference 
have been revised and updated to incorporate new technology and 
methodology. Most of the amendments would relax requirements in certain 
instances or allow for alternative means of compliance while still 
ensuring safety, clarify regulatory requirements, and make the 
regulatory provisions more consistent--all in furtherance of the safe 
transportation of hazardous materials in commerce.
3. Analysis of Environmental Impacts
    Hazardous materials are transported by aircraft, vessel, rail, and 
highway. The potential for environmental damage or contamination exists 
when packages of hazardous materials are involved in accidents or en 
route incidents resulting from cargo shifts, valve failures, package 
failures, or loading, unloading, or handling problems. The ecosystems 
that could be affected by a release include air, water, soil, and 
ecological resources (for example, wildlife habitats). The adverse 
environmental impacts associated with releases of most hazardous 
materials are short-term impacts that can be greatly reduced or 
eliminated through prompt clean up of the accident scene. Most 
hazardous materials are not transported in quantities sufficient to 
cause significant, long-term environmental damage if they are released.
    The hazardous material regulatory system is a risk management 
system that is prevention-oriented and focused on identifying a hazard 
and reducing the probability and quantity of a hazardous material 
release. Making the regulatory provisions in the HMR clearer and more 
consistent with industry standards will promote compliance and thereby 
enhance the safe transportation of hazardous materials and the 
protection of the environment. Updating the references to industry 
standards enhances safety and environmental protection by recognizing 
the use of new technologies. This final rule to relax certain 
regulatory requirements is based on PHMSA's experience, review, and 
determination that the changes are consistent with safety. Neither the 
``do nothing'' alternative nor the action alternative would result in 
any significant impacts on the environment.
4. Consultations and Public Comment
    Various modal agencies, including FMCSA, FRA, and the USCG were 
consulted and participated in the notice and comment process. A listing 
of the commenters is specified in the SUPPLEMENTARY INFORMATION section 
under ``Background.'' No commenters addressed the potential 
environmental impacts of the proposals in the NPRM.
5. Decision About the Degree of Environmental Impact
    PHMSA finds that the selected alternative will not have a 
significant impact on the human environment.

J. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://www.dot.gov.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference, 
Packaging and containers, Radioactive materials, Reporting and 
recordkeeping requirements, Uranium.

49 CFR Part 176

    Hazardous materials transportation, Maritime carriers, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference, 
Motor vehicle safety, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Incorporation by reference, 
Motor carriers, Motor vehicle safety, Packaging and containers, 
Railroad safety, Reporting and recordkeeping requirements.


0
In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53; 
Public Law 101-410 section 4 (28 U.S.C. 2461 note); Public Law 104-
134 section 31001.


0
2. In Sec.  171.7, the following amendments are made:
0
a. Paragraph (a)(2)(i) is revised;
0
b. In the table in paragraph (a)(3), under The Aluminum Association, 
the organization address is revised and a new entry titled ``Welding 
Aluminum: Theory and Practice,'' 2002 Fourth Edition is added in 
alphabetical order;
0
c. In the table in paragraph (a)(3), under American Society of 
Mechanical Engineers, the organization address and the entry titled 
``ASME Code, Sections II (Parts A and B), V, VIII (Division 1), and IX 
of 1998 Edition of American Society of Mechanical Engineers Boiler and 
Pressure Vessel Code,'' are revised;
0
d. In the table in paragraph (a)(3), under American Society for Testing 
and Materials, the organization address is revised and entries for ASTM 
A53/A53M-06a and ASTM A106/A106M-06a) are added in alphanumeric order;
0
e. In the table in paragraph (a)(3), under Compressed Gas Association, 
Inc., the organization address and the entries for CGA Pamphlet G-2.2 
1985 edition and CGA Pamphlet P-20 1995 edition are revised;
0
f. In the table in paragraph (a)(3), under Compressed Gas Association 
Inc., a new entry for CGA TB-25 2008 edition is added in alphanumeric 
order;
0
g. In the table in paragraph (a)(3), under International Organization 
for Standardization, the organization address and the entry ISO 9809-
1:1999 (E) are revised; and
0
h. In paragraph (b), a new entry ``Truck Trailer Manufacturers 
Association,'' 1020 Princess Street, Alexandria, Virginia 22314, ``TTMA 
RP No. 96-01,'' January 1, 2001 Edition is added in alphabetical order.
    The revisions and additions read as follows:


Sec.  171.7  Reference material.

    (a) * * *
    (2) * * *
    (i) The Office of Hazardous Materials Safety, Office of Hazardous 
Materials Standards, East Building, PHH-10, 1200

[[Page 16141]]

New Jersey Avenue, SE., Washington, DC 20590-0001. For information on 
the availability of this material at PHH-10, call 1-800-467-4922, or go 
to: http://www.phmsa.dot.gov; and
* * * * *
    (3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
        Source and name of material                49 CFR reference
------------------------------------------------------------------------

                              * * * * * * *
The Aluminum Association, 420 Lexington
 Avenue, New York, NY 10017, telephone 301-
 645-0756, http://www.aluminum.org:

                              * * * * * * *
    Welding Aluminum: Theory and Practice,   178.68
     2002 Fourth Edition.

                              * * * * * * *
American Society of Mechanical Engineers,    ...........................
 ASME International, 22 Law Drive, P.O. Box
 2900, Fairfield, NJ 07007-2900, telephone
 1-800-843-2763 or 1-973-882-1170, http://
 www.asme.org:
    `ASME Code'; ASME Code, Sections II      172.102; 173.5b; 173.24b;
     (Parts A and B), V, VIII (Division 1),   173.32; 173.306; 173.315;
     and IX of 1998 Edition of American       173.318; 173.420; 178.245-
     Society of Mechanical Engineers Boiler   1; 178.245-3; 178.245-4;
     and Pressure Vessel Code.                178.245-6; 178.245-7;
                                              178.255-1; 178.255-2;
                                              178.255-14; 178.255-15;
                                              178.270-2; 178.270-3;
                                              178.270-7; 178.270-9;
                                              178.270-11; 178.270-12;
                                              178.271-1; 178.272-1;
                                              178.273; 178.274; 178.276;
                                              178.277; 178.320; 178.337-
                                              1; 178.337-2; 178.337-3;
                                              178.337-4; 178.337-6;
                                              178.337-16; 178.337-18;
                                              178.338-1; 178.338-2;
                                              178.338-3; 178.338-4;
                                              178.338-5; 178.338-6;
                                              178.338-13; 178.338-16;
                                              178.338-18; 178.338-19;
                                              178.345-1; 178.345-2;
                                              178.345-3; 178.345-4;
                                              178.345-7; 178.345-14;
                                              178.345-15; 178.346-1;
                                              178.347-1; 178.348-1;
                                              179.400-3; 180.407.

                              * * * * * * *
American Society for Testing and Materials,
 100 Barr Harbor Drive, West Conshohocken,
 PA 1942, telephone (610) 832-9585, http://
 www.astm.org:

                              * * * * * * *
    ASTM A 53, ASTM A 53/A 53M-06a Standard  173.5b.
     Specification for Pipe, Steel, Black
     and Hot-Dipped, Zinc-Coated, Welded
     and Seamless.
    ASTM A 106, ASTM A 106/A 106M-06a        173.5b.
     Standard Specification for Seamless
     Carbon Steel Pipe for High-Temperature
     Service.

                              * * * * * * *
Compressed Gas Association, Inc., 4221       ...........................
 Walney Road, 5th Floor, Chantilly,
 Virginia 20151, telephone (703) 788-2700,
 http://www.cganet.com:

                              * * * * * * *
    CGA G[dash]2.2, Guideline Method for     173.315.
     Determining Minimum of 0.2% Water in
     Anhydrous Ammonia, 1985, Second
     Edition, Reaffirmed 1997.

                              * * * * * * *
CGA P[dash]20, Standard for the              173.115.
 Classification of Toxic Gas Mixtures,
 2003, Third Edition.

                              * * * * * * *
    CGA TB-25, Design Considerations for     173.301.
     Tube Trailers, 2008 Edition.

                              * * * * * * *
International Organization for
 Standardization, Case Postale 56, CH-1211,
 Geneve 20, Switzerland, http://
 www.iso.org:

                              * * * * * * *
    ISO 9809-1: Gas cylinders--Refillable    178.37; 178.71; 178.75.
     seamless steel gas cylinders--Design,
     construction and testing--Part 1:
     Quenched and tempered steel cylinders
     with tensile strength less than 1 100
     MPa., First edition, June 1999, (E).

                              * * * * * * *
------------------------------------------------------------------------

     (b) List of informational materials not requiring incorporation by 
reference. * * *

[[Page 16142]]



------------------------------------------------------------------------
            Source and name of material                49 CFR reference
------------------------------------------------------------------------

                              * * * * * * *
Truck Trailer Manufacturers Association, 1020
 Princess Street, Alexandria, Virginia 22314,
 telephone (703) 549-3010, http://www.ttmanet.org:
    TTMA RP No. 96-01, TTMA RP No. 96-01,                      178.345-3
     Structural Integrity of DOT 406, DOT 407, and
     DOT 412 Cylindrical Cargo Tanks, January 2001
     Edition.......................................
------------------------------------------------------------------------

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

0
3. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.


0
4. A new Sec.  173.5b is added to read as follows:


Sec.  173.5b  Portable and mobile refrigeration systems.

    This section authorizes the highway transportation of residual 
amounts of Division 2.2 refrigerant gases or anhydrous ammonia 
contained in non-specification pressure vessels that are components of 
refrigeration systems, which may or may not be permanently mounted to a 
transport vehicle, used for agricultural operations. These 
refrigeration systems are used at field sites to cool (pre-cool) 
produce before the produce is loaded into trucks or railcars for market 
or used to supplement stationary refrigeration systems during peak 
harvest times. The components of these refrigeration systems are 
commonly known as vacuum tubes, accumulators, refrigeration units, ice 
makers, pressure coolers, or evaporators.
    (a) General packaging requirements. Each non-specification pressure 
vessel must conform to the following:
    (1) Each pressure vessel must be designed, manufactured, and 
maintained in accordance with applicable requirements of the ASME Code 
(IBR, see Sec.  171.7 of this subchapter).
    (2) Except as authorized in this section, each pressure vessel and 
associated piping must be rated at a maximum allowable work pressure 
(MAWP) of 250 psig. The pressure in these components may not exceed 
MAWP.
    (3) Any part of the piping or pressure vessel separated from 
another component of the refrigeration system by means of a valve, 
blank flange, or other device must be equipped with a pressure relief 
valve set at MAWP. All lines that must be disconnected for 
transportation purposes must be closed by means of a cap, plug or blank 
flange, and valves at the end of disconnected lines must be tightly 
closed.
    (4) The aggregate total volumetric capacity of components within 
the refrigeration system authorized for highway transportation in 
accordance with this section may not exceed 2,500 gallons per vehicle.
    (5) Each pressure vessel and associated piping containing anhydrous 
ammonia must conform to the following:
    (i) Piping with a diameter of 2 inches or more must conform to ASTM 
A 53 Schedule 40 or ASTM A106 Schedule 40 (IBR, see Sec.  171.7 of this 
subchapter).
    (ii) Piping with a diameter of less than 2 inches must conform to 
ASTM A 53 Schedule 80 or ASTM A 106 Schedule 80 (IBR, see Sec.  171.7 
of this subchapter).
    (iii) The words ``Inhalation Hazard'' must be marked as required in 
special provision 13 in Sec.  172.102 of this subchapter and, when 
practicable, within 24 inches of the placard.
    (b) Refrigeration systems placed into service prior to June 1, 
1991. (1) For refrigeration systems placed into service prior to June 
1, 1991, each pressure vessel and associated piping for the condensing 
line (``high side'') must be rated at an MAWP of not less than 250 
psig. Each pressure vessel and associated piping for the evaporating 
line (``low side'') must be rated at an MAWP of not less than 150 psig, 
except that each pressure vessel or associated piping that will contain 
refrigerant gas during transportation must be rated at an MAWP of not 
less than 250 psig. During transportation, pressure in the components 
that are part of the evaporating line may not exceed 150 psig.
    (2) Each pressure vessel and associated piping that is part of the 
evaporating line must be marked ``LOW SIDE'' in a permanent and clearly 
visible manner. The evaporating line must have a pressure gauge with 
corresponding temperature markings mounted so as to be easily readable 
when standing on the ground. The gauge must be permanently marked or 
tagged ``SATURATION GAUGE''.
    (3) Each pressure vessel and associated piping with an MAWP of 250 
psig or greater containing liquid anhydrous ammonia must be isolated 
using appropriate means from piping and components marked ``LOW SIDE''.
    (4) Liquid lading is only authorized in system components with a 
rated MAWP of not less than 250 psig.
    (5) Prior to transportation, each pressure vessel and associated 
piping with a rated MAWP of less than 250 psig must be relieved of 
enough gaseous lading to ensure that the MAWP is not exceeded at 
transport temperatures up to 54 [deg]C (130 [deg]F).
    (6) Refrigeration systems placed into service prior to June 1, 
1991, may continue in service until October 1, 2017.
    (c) Prior to transportation over public highways, each pressure 
vessel and associated piping must be drained of refrigerant gas or 
liquid anhydrous ammonia to the extent practicable. Drained contents 
must be recovered in conformance with all applicable environmental 
regulations. Residual liquid anhydrous ammonia in each component may 
not exceed one percent of the component's total volumetric capacity or 
10 gallons, whichever is less.
    (d) System inspection and testing. (1) Each refrigeration system 
authorized under this section must be visually inspected every year. 
The visual inspection must include items listed in Sec.  180.407(d)(2) 
of this subchapter applicable to refrigeration systems. A certificate 
of the annual visual inspection must be dated and signed by the person 
performing the inspection and must contain that person's company 
affiliation. The certificate must remain at the equipment owner's 
office.
    (2) Each refrigeration system authorized under this section must be 
proof pressure tested every two years beginning with the initial 
pressure test performed after manufacture. Additional pressure tests 
must be performed after any modification, repair or damage to a part of 
the system pressurized with refrigerant gas. System test pressures may 
not be less than one-and-one-half (1.50) times the rated MAWP of the 
system component or piping.
    (3) Pressure relief valves must be successfully tested every two 
years at the MAWP for the components or piping to which they are 
attached.

[[Page 16143]]

Pressure relief valves may be replaced and marked every 5 years with 
valves certified at the appropriate MAWP, in which case the valves need 
not be tested every two years. Valves that do not pass the test must be 
repaired or replaced.
    (e) Test markings and reports. (1) Evidence of testing specified in 
paragraph (d) of this section must be marked on the right forward side 
of the refrigeration system with 2 inch high letters indicating type of 
last test (V = visual; P = pressure: hydrostatic or pneumatic) and the 
month/year in which it was performed. Reports and all of the 
requirements for records of inspections including markings must be 
completed as specified in part 180.
    (2) Pressure relief valves must be durably marked with either the 
date of last test, set-pressure and testing company or the date of last 
replacement, set-pressure, and certifying company, as applicable.

0
5. In Sec.  173.115, paragraph (c)(2) is revised to read as follows:


Sec.  173.115  Class 2, Divisions 2.1, 2.2, and 2.3--Definitions.

* * * * *
    (c) * * *
    (2) In the absence of adequate data on human toxicity, is presumed 
to be toxic to humans because when tested on laboratory animals it has 
an LC50 value of not more than 5000 mL/m\3\ (see Sec.  
173.116(a) of this subpart for assignment of Hazard Zones A, B, C or 
D). LC50 values for mixtures may be determined using the 
formula in Sec.  173.133(b)(1)(i) or CGA P-20 (IBR, see Sec.  171.7 of 
this subchapter).
* * * * *

0
6. In Sec.  173.301, paragraph (i) is revised to read as follows:


Sec.  173.301  General requirements for shipment of compressed gases 
and other hazardous materials in cylinders, UN pressure receptacles and 
spherical pressure vessels.

* * * * *
    (i) Cylinders mounted in motor vehicles or in frames. (1) MEGCs 
must conform to the requirements in Sec.  173.312. DOT specification 
cylinders mounted on motor vehicles or in frames must conform to the 
requirements specified in this paragraph (i).
    (2) Seamless DOT specification cylinders longer than 2 m (6.5 feet) 
are authorized for transportation only when horizontally mounted on a 
motor vehicle or in an ISO framework or other framework of equivalent 
structural integrity in accordance with CGA TB-25 (IBR, see Sec.  171.7 
of this subchapter). The pressure relief device must be arranged to 
discharge unobstructed to the open air. In addition, for Division 2.1 
(flammable gas) material, the pressure relief devices must be arranged 
to discharge upward to prevent any escaping gas from contacting 
personnel or any adjacent cylinders.
    (3) Cylinders may not be transported by rail in container on 
freight car (COFC) or trailer on flat car (TOFC) service except under 
conditions approved by the Associate Administrator for Safety, Federal 
Railroad Administration.
* * * * *

0
7. Section 173.338 is revised to read as follows:


Sec.  173.338  Tungsten hexafluoride.

    (a) Tungsten hexafluoride must be packaged in specification 3A, 
3AA, 3BN, or 3E (Sec. Sec.  178.36, 178.37, 178.39, 178.42 of this 
subchapter) cylinders. Cylinders must be equipped with a valve 
protection cap or be packed in a strong outside container meeting the 
provisions of Sec.  173.40. Outlets of any valves must be capped or 
plugged. As an alternative, the cylinder opening may be closed by the 
use of a metal plug. Specification 3E cylinders must be shipped in an 
overpack that meets the provisions of Sec.  173.40.
    (b) In place of the volumetric expansion test, DOT 3BN cylinders 
used in exclusive service may be given a complete external visual 
inspection in conformance with part 180, subpart C, of this subchapter, 
at the time such periodic requalification becomes due. Cylinders that 
undergo a complete external visual inspection, in place of the 
volumetric expansion test, must be condemned if removed from tungsten 
hexafluoride service.

PART 176--CARRIAGE BY VESSEL

0
8. The authority citation for part 176 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.


0
9. In Sec.  176.200, paragraph (f) is revised to read as follows:


Sec.  176.200  General stowage requirements.

* * * * *
    (f) Class 2 (compressed gas) material must be kept as cool as 
practicable and be stowed away from all sources of heat and ignition. 
Any package containing a Division 2.1 (flammable gas) material is 
restricted from transport in powered refrigerated temperature 
controlled containers, unless the equipment is capable of preventing 
ignition of flammable vapors by having non-sparking or explosion-proof 
electric fittings within the cooling compartment.

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
10. The authority citation for part 178 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

0
11. In Sec.  178.68, paragraph (l)(2) is revised to read as follows:


Sec.  178.68  Specification 4E welded aluminum cylinders.

* * * * *
    (l) * * *
    (2) Guided bend test. A bend test specimen must be cut from the 
cylinder used for the physical test specified in paragraph (j) of this 
section. Specimen must be taken across the seam, must be a minimum of 
1\1/2\ inches wide, edges must be parallel and rounded with a file, and 
back-up strip, if used, must be removed by machining. The specimen 
shall be tested as follows:
    (i) The specimen must be bent to refusal in the guided bend test 
jig as illustrated in paragraph 6.10 of CGA C-3 (IBR, see Sec.  171.7 
of this subchapter). The root of the weld (inside surface of the 
cylinder) must be located away from the ram of the jig. The specimen 
must not show a crack or other open defect exceeding \1/8\ inch in any 
direction upon completion of the test. Should this specimen fail to 
meet the requirements, specimens may be taken from each of 2 additional 
cylinders from the same lot and tested. If either of the latter 
specimens fails to meet requirements, the entire lot represented must 
be rejected.
    (ii) Alternatively, the specimen may be tested in a guided bend 
test jig as illustrated in Figure 12.1 of The Aluminum Association's 
2002 publication, ``Welding Aluminum: Theory and Practice.'' The root 
of the weld (inside surface of the cylinder) must be located away from 
the mandrel of the jig. No specimen must show a crack or other open 
defect exceeding \1/8\ inch in any direction upon completion of the 
test. Should this specimen fail to meet the requirements, specimens may 
be taken from each of 2 additional cylinders from the same lot and 
tested. If either of the latter specimens fails to meet requirements, 
the entire lot represented must be rejected.
* * * * *

0
12. In Sec.  178.345-3, at the end of paragraph (a)(3), a sentence is 
added to read as follows:


Sec.  178.345-3  Structural integrity.

    (a) * * *
    (3) * * * TTMA RP 96-01, Structural Integrity of DOT 406, DOT 407, 
and

[[Page 16144]]

DOT 412 Cylindrical Cargo Tanks, may be used as guidance in performing 
the calculations.
* * * * *

0
13. In Sec.  178.345-5, paragraph (f) is revised to read as follows:


Sec.  178.345-5  Manhole assemblies.

* * * * *
    (f) All components mounted on a manhole cover that form part of the 
lading retention structure of the cargo tank wall must withstand the 
same static internal fluid pressure as that required for the manhole 
cover. The component manufacturer shall verify compliance using the 
same test procedure and frequency of testing as specified in Sec.  
178.345-5(b).

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
14. The authority citation for part 180 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.53.


0
15. In Sec.  180.407, paragraphs (d)(3) and (g)(1)(ii)(A) are revised 
to read as follows:


Sec.  180.407  Requirements for test and inspection of specification 
cargo tanks.

* * * * *
    (d) * * *
    (3) All reclosing pressure relief valves must be externally 
inspected for any corrosion or damage which might prevent safe 
operation. All reclosing pressure relief valves on cargo tanks carrying 
lading corrosive to the valve must be removed from the cargo tank for 
inspection and testing. Each reclosing pressure relief valve required 
to be removed and tested must open at no less than the required set 
pressure and no more than 110 percent of the required set pressure, and 
must reseat to a leak-tight condition at no less than 90 percent of the 
start-to-discharge pressure or the pressure prescribed for the 
applicable cargo tank specification.
* * * * *
    (g) * * *
    (1) * * *
    (ii) * * *
    (A) Each self-closing pressure relief valve that is an emergency 
relief vent must open at no less than the required set pressure and no 
more than 110 percent of the required set pressure, and must reseat to 
a leak-tight condition at no less than 90 percent of the start-to-
discharge pressure or the pressure prescribed for the applicable cargo 
tank specification.
* * * * *

    Issued in Washington, DC, on April 3, 2009 under authority 
delegated in 49 CFR part 1.
Cynthia Douglass,
Acting Deputy Administrator.
[FR Doc. E9-8021 Filed 4-8-09; 8:45 am]

BILLING CODE 4910-60-P
