80_FR_23933 80 FR 23851 - Hazardous Materials: Safety Advisory-Unauthorized Certification of Compressed Gas Cylinders

80 FR 23851 - Hazardous Materials: Safety Advisory-Unauthorized Certification of Compressed Gas Cylinders

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 80, Issue 82 (April 29, 2015)

Page Range23851-23852
FR Document2015-09937

PHMSA is issuing this safety advisory to notify the public that Liberty Industrial Gases and Welding Supplies Inc., located at 600 Smith Street, Brooklyn, NY 11231, also known as Liberty Industrial Gases and Welding Supply, Inc., marked ICC, DOT-Specification, and DOT- Special Permit high pressure compressed gas cylinders as authorized for hazardous materials transportation without properly testing the cylinders and without authorization to do so.

Federal Register, Volume 80 Issue 82 (Wednesday, April 29, 2015) 
[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Notices]
[Pages 23851-23852]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09937]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2015-0119; Notice No. 15-12]


Hazardous Materials: Safety Advisory--Unauthorized Certification 
of Compressed Gas Cylinders

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

ACTION: Safety Advisory Notice.

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SUMMARY: PHMSA is issuing this safety advisory to notify the public 
that Liberty Industrial Gases and Welding Supplies Inc., located at 600 
Smith Street, Brooklyn, NY 11231, also known as Liberty Industrial 
Gases and Welding Supply, Inc., marked ICC, DOT-Specification, and DOT-
Special Permit high pressure compressed gas cylinders as authorized for 
hazardous materials transportation without properly testing the 
cylinders and without authorization to do so.

FOR FURTHER INFORMATION CONTACT: Mr. Patrick Durkin, Hazardous 
Materials Investigator, Eastern Region, Office of Hazardous Materials 
Safety, Pipeline

[[Page 23852]]

and Hazardous Materials Safety Administration, U.S. Department of 
Transportation, 820 Bear Tavern Road, Suite 306, West Trenton, NJ 
08034. Telephone: (609) 989-2256, Fax: (609) 989-2277 or, via email: 
patrick.durkin@dot.gov.

SUPPLEMENTARY INFORMATION:

I. Public Actions Requested

    If ICC, DOT-Specification, or DOT-Special Permit cylinders have 
been taken to or received from Liberty Industrial Gases and Welding 
Supplies Inc., from April 1986 through October 2014, these cylinders 
may not have been properly tested as prescribed by the Hazardous 
Materials Regulations (HMR). These cylinders should be considered 
unsafe and not authorized for the filling of hazardous materials unless 
the cylinder is first properly tested by an individual or company 
authorized to requalify DOT-Specification and DOT-Special Permit 
cylinders. Cylinders described in this safety advisory notice that are 
filled with atmospheric gas should be vented or otherwise safely 
discharged. Cylinders that are filled with a material other than an 
atmospheric gas should not be vented but instead should be safely 
discharged.
    Prior to refilling or continued use, the cylinders must be taken to 
a DOT-authorized cylinder requalifier to ensure their suitability for 
continued service. A list of authorized requalifiers may be obtained at 
the following Web site: http://www.phmsa.dot.gov/hazmat/regs/sp-a/approvals/cylinders.

II. Background

    A cylinder requalification consisting of a visual inspection and a 
hydrostatic test, conducted as prescribed in the HMR, specifically 49 
CFR Sec.  173.301, is used to verify the structural integrity of a 
cylinder. If the requalification is not performed in accordance with 
the regulations, a cylinder with compromised structural integrity may 
not be detected and may be returned to service when it should be 
condemned. Extensive property damage, serious personal injury, or death 
could result from rupture of a cylinder.
    Investigators from PHMSA's Office of Hazardous Materials Safety 
(OHMS) recently conducted a compliance inspection of Liberty Industrial 
Gases and Welding Supplies Inc. after the company self-reported 
improper marking of cylinders. As a result of that inspection, PHMSA 
determined that Liberty Industrial Gases and Welding Supplies Inc. 
marked an unknown number of high pressure compressed gas cylinders with 
unauthorized markings and certified an unknown number of high pressure 
compressed gas cylinders as being properly requalified when it had not 
conducted the required testing.
    The evidence suggests that Liberty Industrial Gases and Welding 
Supplies Inc. marked Requalifier Identification Number (RIN) A890 on 
these cylinders. However, Liberty Industrial Gases and Welding Supplies 
Inc. does not hold a RIN approval authorizing it to requalify 
cylinders. RIN A890 was issued by PHMSA to another company, Hi Pressure 
Technologies, located in Newark, NJ, granting it authority to requalify 
cylinders under the terms of the RIN approval supplied to it. Thus, if 
the cylinders were serviced by the approved RIN holder, Hi Pressure 
Technologies, they are not subject to this notice. Only cylinders 
serviced by Liberty Industrial Gases and Welding Supplies Inc. bearing 
these markings are affected.

    Issued in Washington, DC, on April 17, 2015 under authority 
delegated in 49 CFR Part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2015-09937 Filed 4-28-15; 8:45 am]
 BILLING CODE 4910-60-P

Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Notices 23851 U.S.C. 3501 et seq.), this notice challenging. That is, one or more factors installed a CRS in the past 6 months announces that the Information may contribute to any one type of will be recruited for participation. Collection Request (ICR) abstracted installation error. There are numerous Estimated Total Annual Burden: 300 below has been forwarded to the Office CRS makes and models marketed to the hours (150 participants, averaging 2 of Management and Budget (OMB) for consumer, each with its own hours). review and comment. The ICR describes installation procedures/manual. In Comments are invited on the the nature of the information collection addition, vehicle manufacturers design following: and the expected burden. The Federal vehicle restraint systems and vehicle (i) Whether the proposed collection of Register Notice with a 60-day comment seats that are incompatible with various information is necessary for the proper period was published on January 21, CRSs. New vehicles are continually performance of the functions of the 2015 (Federal Register/Vol. 80, No. 13/ introduced to the fleet, and CRSs agency, including whether the pp. 3008–3010). continue to evolve each year. Finally, information will have practical utility; DATES: Comments must be submitted on there is a never-ending flow of new (ii) the accuracy of the agency’s or before May 29, 2015. parents/caregivers who need to be estimate of the burden of the proposed ADDRESSES: Send comments, within 30 educated on child passenger safety. information collection; days, to the Office of Information and Despite their inexperience, new parents (iii) ways to enhance the quality, Regulatory Affairs, Office of may overestimate their own accuracy in utility, and clarity of the information to Management and Budget, 725–17th selecting and securely installing a CRS be collected; and Street NW., Washington, DC 20503, to the vehicle and securing the child in (iv) ways to minimize the burden of Attention NHTSA Desk Officer. the CRS. the collection of information on In an effort to reduce the number of respondents, including the use of FOR FURTHER INFORMATION CONTACT: Dr. errors, NHTSA is undertaking a study to automated collection techniques or Amanda M. Kelley, 202–366–7394. gain some insight into the causes of other forms of information technology. SUPPLEMENTARY INFORMATION: A comment to OMB is most effective Title: Evaluation of Correct Child errors related to selecting and installing CRSs. To accomplish this, NHTSA will if OMB receives it within 30 days of Restraint System Installations. publication. Type of Request: New information evaluate installation performance and collection requirement. caregiver confidence for 150 Authority: 44 U.S.C. Section 3506(c)(2)(A). Abstract: Motor vehicle crashes are a experienced and novice CRS users and Dated: April 23, 2015. leading cause of death to children in the determine which factors contribute to Jeff Michael, United States. In 2012, a total of 952 both installation and securement errors Associate Administrator, Research and children younger than 13 years died in and to determine what factors related to Program Development. motor vehicle traffic crashes, and two- the CRS, vehicle, and user confidence [FR Doc. 2015–09989 Filed 4–28–15; 8:45 am] thirds of these fatalities occurred among contribute to errors. Evaluation BILLING CODE 4910–59–P children riding in passenger vehicles. measures will involve the independent The National Highway Traffic Safety identification, collection and evaluation Administration (NHTSA), recommends of both qualitative and quantitative data DEPARTMENT OF TRANSPORTATION that all children ages 12 years and under that specifically document the types of be properly buckled in an age- and size- errors made by both user groups, as well Pipeline and Hazardous Materials appropriate car seat, booster seat, or seat as vehicle and CRS features that might Safety Administration belt in the rear seat. Currently, there are contribute to those errors. Identifying these causal factors that contribute to [Docket No. PHMSA–2015–0119; Notice No. four types of child restraint systems 15–12] designed for children: Infant, errors related to selecting and installing convertible, combination, and belt- CRSs, as well as those factors that Hazardous Materials: Safety positioning booster seats. Each system is contribute to accurately selecting and Advisory—Unauthorized Certification designed to protect a child within a properly installing CRSs for both novice of Compressed Gas Cylinders given height and weight category in the and experienced users, will be the first event of a crash. step in increasing the safety of child AGENCY: Pipeline and Hazardous While child restraint use has passengers in moving vehicles. In Materials Safety Administration increased over the years, many children addition, overall findings can be made (PHMSA), DOT. are still fatally injured as a result of available to CRS manufacturers and ACTION: Safety Advisory Notice. motor vehicles crashes. One possible vehicle manufacturers related to explanation for this occurrence could be improvements to specific CRS and SUMMARY: PHMSA is issuing this safety the large number of child passengers vehicle design features that may foster advisory to notify the public that Liberty who are either riding unrestrained in a better fit in the vehicles and Industrial Gases and Welding Supplies vehicles, improperly placed in a CRS, or securement for children. Inc., located at 600 Smith Street, prematurely graduated to an adult Affected Public: Participants will Brooklyn, NY 11231, also known as vehicle seat belt system. The most represent both ‘‘novice’’ and Liberty Industrial Gases and Welding prevalent installation errors observed ‘‘experienced’’ CRS users recruited from Supply, Inc., marked ICC, DOT- include: Incorrect harness routing slot the Greater Washington, DC area. Specification, and DOT-Special Permit used, improper harness clip position, ‘‘Experienced’’ users regularly care for a high pressure compressed gas cylinders as authorized for hazardous materials mstockstill on DSK4VPTVN1PROD with NOTICES loose CRS installation, loose harness child under the age of 4 years, transport straps, and improper lap belt placement the child in a vehicle at least twice a transportation without properly testing (NHTSA, 2012). Researchers have also week, have secured the child in a CRS the cylinders and without authorization identified errors related to caregivers a minimum of five times in the past 6 to do so. selecting the correct CRS for the months, and have installed any type of FOR FURTHER INFORMATION CONTACT: Mr. children’s ages, heights, and weights. CRS at least once in the past 12 months. Patrick Durkin, Hazardous Materials Evaluating the causes of the various ‘‘Novice’’ CRS users do not regularly Investigator, Eastern Region, Office of selection and installation errors can be transport children and have not Hazardous Materials Safety, Pipeline VerDate Sep<11>2014 17:18 Apr 28, 2015 Jkt 235001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.SGM 29APN1

23852 Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Notices and Hazardous Materials Safety and certified an unknown number of online instructions for submitting Administration, U.S. Department of high pressure compressed gas cylinders comments. Transportation, 820 Bear Tavern Road, as being properly requalified when it • Fax: 1–202–493–2251. Suite 306, West Trenton, NJ 08034. had not conducted the required testing. • Mail: Docket Operations, U.S. Telephone: (609) 989–2256, Fax: (609) The evidence suggests that Liberty Department of Transportation, West 989–2277 or, via email: patrick.durkin@ Industrial Gases and Welding Supplies Building, Ground Floor, Room W12– dot.gov. Inc. marked Requalifier Identification 140, Routing Symbol M–30, 1200 New SUPPLEMENTARY INFORMATION: Number (RIN) A890 on these cylinders. Jersey Avenue SE., Washington, DC However, Liberty Industrial Gases and 20590. I. Public Actions Requested Welding Supplies Inc. does not hold a • Hand Delivery: To Docket If ICC, DOT-Specification, or DOT- RIN approval authorizing it to requalify Operations, Room W12–140 on the Special Permit cylinders have been cylinders. RIN A890 was issued by ground floor of the West Building, 1200 taken to or received from Liberty PHMSA to another company, Hi New Jersey Avenue SE., Washington, Industrial Gases and Welding Supplies Pressure Technologies, located in DC 20590, between 9 a.m. and 5 p.m., Inc., from April 1986 through October Newark, NJ, granting it authority to Monday through Friday, except Federal 2014, these cylinders may not have been requalify cylinders under the terms of holidays. properly tested as prescribed by the the RIN approval supplied to it. Thus, Instructions: All submissions must Hazardous Materials Regulations if the cylinders were serviced by the include the agency name and docket (HMR). These cylinders should be approved RIN holder, Hi Pressure number or Regulation Identification considered unsafe and not authorized Technologies, they are not subject to Number (RIN) for this notice. Internet for the filling of hazardous materials this notice. Only cylinders serviced by users may access comments received by unless the cylinder is first properly Liberty Industrial Gases and Welding DOT at: http://www.regulations.gov. tested by an individual or company Supplies Inc. bearing these markings are Note that comments received will be authorized to requalify DOT- affected. posted without change to: http:// Specification and DOT-Special Permit www.regulations.gov including any Issued in Washington, DC, on April 17, cylinders. Cylinders described in this 2015 under authority delegated in 49 CFR personal information provided. safety advisory notice that are filled Part 106. Privacy Act: In accordance with 5 with atmospheric gas should be vented Magdy El-Sibaie, U.S.C. 553(c), DOT solicits comments or otherwise safely discharged. Associate Administrator for Hazardous from the public to better inform its Cylinders that are filled with a material Materials Safety, Pipeline and Hazardous rulemaking process. DOT posts these other than an atmospheric gas should Materials Safety Administration. comments, without edit, including any not be vented but instead should be [FR Doc. 2015–09937 Filed 4–28–15; 8:45 am] personal information the commenter safely discharged. BILLING CODE 4910–60–P provides, to www.regulations.gov, as Prior to refilling or continued use, the described in the system of records cylinders must be taken to a DOT- notice (DOT/ALL–14 FDMS), which can authorized cylinder requalifier to ensure DEPARTMENT OF TRANSPORTATION be reviewed at www.dot.gov/privacy. their suitability for continued service. A Requests for a copy of an information list of authorized requalifiers may be Pipeline and Hazardous Materials collection should be directed to Steven obtained at the following Web site: Safety Administration Andrews or T. Glenn Foster, Standards http://www.phmsa.dot.gov/hazmat/ and Rulemaking Division (PHH–12), regs/sp-a/approvals/cylinders. [Docket No. PHMSA–2015–0098 (Notice No. 15–8)] Pipeline and Hazardous Materials Safety II. Background Administration, 1200 New Jersey Hazardous Materials: Information Avenue SE., East Building, 2nd Floor, A cylinder requalification consisting Collection Activities Washington, DC 20590–0001, of a visual inspection and a hydrostatic test, conducted as prescribed in the Telephone (202) 366–8553. AGENCY: Pipeline and Hazardous HMR, specifically 49 CFR § 173.301, is Materials Safety Administration FOR FURTHER INFORMATION CONTACT: used to verify the structural integrity of (PHMSA), Department of Transportation Steven Andrews or T. Glenn Foster, a cylinder. If the requalification is not (DOT). Standards and Rulemaking Division performed in accordance with the ACTION: Notice and request for (PHH–12), Pipeline and Hazardous regulations, a cylinder with comments. Materials Safety Administration, 1200 compromised structural integrity may New Jersey Avenue SE., East Building, not be detected and may be returned to SUMMARY: In accordance with the 2nd Floor, Washington, DC 20590–0001, service when it should be condemned. Paperwork Reduction Act of 1995, Telephone (202) 366–8553. Extensive property damage, serious PHMSA invites comments on certain SUPPLEMENTARY INFORMATION: Section personal injury, or death could result information collections pertaining to 1320.8 (d), Title 5, Code of Federal from rupture of a cylinder. hazardous materials transportation for Regulations requires PHMSA to provide Investigators from PHMSA’s Office of which PHMSA intends to request interested members of the public and Hazardous Materials Safety (OHMS) renewal and extension from the Office affected agencies an opportunity to recently conducted a compliance of Management and Budget (OMB). comment on information collection and inspection of Liberty Industrial Gases DATES: Interested persons are invited to recordkeeping requests. This notice mstockstill on DSK4VPTVN1PROD with NOTICES and Welding Supplies Inc. after the submit comments on or before June 29, identifies information collection company self-reported improper 2015. requests that PHMSA will be submitting marking of cylinders. As a result of that ADDRESSES: You may submit comments to OMB for renewal and extension. inspection, PHMSA determined that identified by the docket number These information collections are Liberty Industrial Gases and Welding (PHMSA–2015–0098) by any of the contained in 49 CFR parts 172, 173, 174, Supplies Inc. marked an unknown following methods: 175, 176, and 177 of the Hazardous number of high pressure compressed gas • Federal eRulemaking Portal: Go to Materials Regulations (HMR; 49 CFR cylinders with unauthorized markings http://www.regulations.gov. Follow the parts 171–180). PHMSA has revised VerDate Sep<11>2014 17:18 Apr 28, 2015 Jkt 235001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.SGM 29APN1


Document Created: 2015-12-16 08:25:55
Document Modified: 2015-12-16 08:25:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionSafety Advisory Notice.
ContactMr. Patrick Durkin, Hazardous Materials Investigator, Eastern Region, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 820 Bear Tavern Road, Suite 306, West Trenton, NJ 08034. Telephone: (609) 989-2256, Fax: (609) 989-2277 or, via email: [email protected]
FR Citation80 FR 23851 
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