81_FR_90300 81 FR 90061 - Hazardous Materials: Use of DOT Specification 39 Cylinders for Liquefied Flammable Compressed Gas

81 FR 90061 - Hazardous Materials: Use of DOT Specification 39 Cylinders for Liquefied Flammable Compressed Gas

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 81, Issue 239 (December 13, 2016)

Page Range90061-90062
FR Document2016-29813

PHMSA is issuing this safety advisory notice to inform offerors and users of DOT Specification 39 (DOT-39) cylinders that DOT- 39 cylinders with an internal volume exceeding 75 cubic inches (in\3\) (1.23 L) should not be filled with liquefied flammable compressed gas. PHMSA maintains filling or transporting DOT-39 cylinders with an internal volume exceeding 75 in\3\ (1.23 L) is not safe.

Federal Register, Volume 81 Issue 239 (Tuesday, December 13, 2016)
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 90061-90062]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29813]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2016-0078; Notice No. 2016-14]


Hazardous Materials: Use of DOT Specification 39 Cylinders for 
Liquefied Flammable Compressed Gas

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

ACTION: Safety advisory notice.

-----------------------------------------------------------------------

SUMMARY: PHMSA is issuing this safety advisory notice to inform 
offerors and users of DOT Specification 39 (DOT-39) cylinders that DOT-
39 cylinders with an internal volume exceeding 75 cubic inches (in\3\) 
(1.23 L) should not be filled with liquefied flammable compressed gas. 
PHMSA maintains filling or transporting DOT-39 cylinders with an 
internal volume exceeding 75 in\3\ (1.23 L) is not safe.

FOR FURTHER INFORMATION CONTACT: Refaat Shafkey, General Engineer, 
Engineering and Research Division, Office of Hazardous Materials 
Safety, Pipeline and Hazardous Materials Safety Administration, U.S. 
Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 
20590. Telephone: (202) 366-4545 or, via email: [email protected].

[[Page 90062]]


SUPPLEMENTARY INFORMATION: 

Public Action Requested

    PHMSA advises offerors of DOT-39 cylinders having an internal 
volume exceeding 75 cubic inches (in\3\) (1.23 L) that such cylinders 
should not be filled with liquefied flammable compressed gas. PHMSA 
further advises the public not to use any DOT-39 cylinder with an 
internal volume greater than 75 in\3\ (1.23 L) containing a liquefied 
flammable compressed gas.

Safety Concern

    The release of a liquefied flammable compressed gas from or rupture 
of such a cylinder having an internal volume exceeding 75 in\3\ (1.23 
L) is a safety concern that could result in extensive property damage, 
serious personal injury, or even death. A liquefied flammable 
compressed gas has a stored energy that is several times greater than 
that of a non-liquefied compressed gas. Further, a DOT-39 cylinder can 
have a volume of up to 1,526 in\3\ (25 L) at a service pressure of 500 
psig or less and, as such, can have up to 22 times the stored energy of 
a DOT-39 cylinder limited to 75 in\3\ (1.23 L). Additionally, because 
of the design specifications that allow for thinner walls when used at 
lower pressure, the cylinders may be at greater risk from corrosion or 
puncture. Given the known risks associated with cylinders that are 
filled with liquefied flammable compressed gases, PHMSA is issuing this 
safety advisory notice to inform offerors and users of DOT-39 cylinders 
that cylinders with an internal volume of 75 in\3\ (1.23 L) or more 
should not be filled with liquefied flammable compressed gas.

Background

    This safety advisory notice is being issued in part because of 
concern over confusion about the regulatory requirements when using 
DOT-39 cylinders for liquefied compressed gases. Historically, the 
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) limited the 
internal volume of a DOT-39 specification cylinder to 75 in\3\ (1.23 L) 
when used for certain liquefied flammable compressed gases. This size 
limitation applied when DOT-39 cylinders were used for gases that were 
subject to Note 9 following the table at Sec.  173.304(a)(2) or 
liquefied petroleum gas as addressed in Sec.  173.304(d)(3) (The table 
is currently located at Sec.  173.304a).
    In an October 30, 1998 notice of proposed rulemaking (NPRM), the 
Research and Special Programs Administration (RSPA)--the predecessor 
agency to PHMSA--proposed to extend the 75 in\3\ (1.23 L) volume 
limitation of DOT-39 cylinders to all liquefied flammable compressed 
gases by revising Sec.  173.304 to delete Note 9 from the table at 
Sec.  173.304(a)(2) and adding Sec. Sec.  173.304a and 173.304b.\1\ 
RSPA received several comments in opposition to extending the limit to 
all liquefied flammable compressed gases which would have been codified 
in Sec.  173.304a(a)(3). RSPA published a final rule on August 8, 2002 
and, based on the opposing comments, decided not to extend the 75 in\3\ 
(1.23 L) limitation to all liquefied flammable compressed gases in a 
DOT-39 cylinder at that time. However, in the process of publishing the 
final rule, the agency inadvertently omitted the 75 in\3\ (1.23 L) 
limitation for liquefied flammable compressed gas and liquefied 
petroleum gas.\2\
---------------------------------------------------------------------------

    \1\ NPRM--Hazardous Materials: Requirements for DOT 
Specification Cylinders (HM-220D) [63 FR 58460].
    \2\ Final Rule--Hazardous Materials: Requirements for 
Maintenance, Requalification, Repair and Use of DOT Specification 
Cylinders (HM-220D) [67 FR 51625]
---------------------------------------------------------------------------

    On November 13, 2014, PHMSA accepted a petition for rulemaking (P-
1622) from Worthington Cylinders to address this error in a rulemaking. 
On July 26, 2016, PHMSA published in the Federal Register an NPRM 
titled, ``Hazardous Materials: Miscellaneous Amendments Pertaining to 
DOT Specification Cylinders (RRR),'' [81 FR 48977; Docket No. PHMSA-
2011-0140 (HM-234) \3\] that again proposes to extend the limit on the 
internal volume of DOT-39 cylinders to use with all liquefied flammable 
compressed gases, thus correcting the inadvertently omitted size 
limitation and expanding the applicability to capture those liquefied 
flammable compressed gases (e.g., difluoromethane (Refrigerant gas R 
32)) either not reflected in the Sec.  173.304a(a)(2) table or not 
considered a liquefied petroleum gas.
---------------------------------------------------------------------------

    \3\ https://www.thefederalregister.org/fdsys/pkg/FR-2016-07-26/pdf/2016-16689.pdf.

    Issued in Washington, DC on December 5, 2016.
William S. Schoonover,
Acting Associate Administrator for Hazardous Materials Safety, Pipeline 
and Hazardous Materials Safety Administration.
[FR Doc. 2016-29813 Filed 12-12-16; 8:45 am]
 BILLING CODE 4910-60-P



                                                                          Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices                                                90061

                                                    Notice and Request for
                                               ACTION:                                                 Avenue SE., Room W23–453,                             Privacy Act
                                               Comments.                                               Washington, DC 20590. Telephone 202–                    In accordance with 5 U.S.C. 553(c),
                                                                                                       366–9309, Email Bianca.carr@dot.gov. If               DOT solicits comments from the public
                                               SUMMARY:   Pursuant to a delegation of                  you have questions on viewing the
                                               authority from the Secretary of                                                                               to better inform its rulemaking process.
                                                                                                       Docket, call Docket Operations,                       DOT posts these comments, without
                                               Transportation, the Maritime                            telephone: (800) 647–5527.
                                               Administrator is authorized to issue                                                                          edit, to www.regulations.gov, as
                                                                                                       SUPPLEMENTARY INFORMATION: As a result                described in the system of records
                                               waivers allowing documented vessels
                                                                                                       of the enactment of the Coast Guard                   notice, DOT/ALL–14 FDMS, accessible
                                               with only registry endorsements or
                                                                                                       Authorization Act of 2010, codified at                through www.dot.gov/privacy. In order
                                               foreign flag vessels to be used in
                                                                                                       46 U.S.C. 12102, the Secretary of                     to facilitate comment tracking and
                                               operations that treat aquaculture fish or
                                                                                                       Transportation has the discretionary                  response, we encourage commenters to
                                               protect aquaculture fish from disease,
                                                                                                       authority to issue waivers allowing                   provide their name, or the name of their
                                               parasitic infestation, or other threats to
                                                                                                       documented vessels with registry                      organization; however, submission of
                                               their health when suitable vessels of the
                                                                                                       endorsements or foreign flag vessels to               names is completely optional. Whether
                                               United States are not available that
                                                                                                       be used in operations that treat                      or not commenters identify themselves,
                                               could perform those services. A request
                                                                                                       aquaculture fish for or protect                       all timely comments will be fully
                                               for such a waiver has been received by
                                                                                                       aquaculture fish from disease, parasitic              considered. If you wish to provide
                                               the Maritime Administration (MARAD).                                                                          comments containing proprietary or
                                                                                                       infestation, or other threats to their
                                               This notice is being published to solicit                                                                     confidential information, please contact
                                                                                                       health when suitable vessels of the
                                               comments intended to assist MARAD in                                                                          the agency for alternate submission
                                                                                                       United States are not available that
                                               determining whether a suitable vessel of                                                                      instructions.
                                                                                                       could perform those services. The
                                               the United States is available that could
                                                                                                       Secretary has delegated this authority to                 Authority: 49 CFR 1.93(w).
                                               perform the required services. If no
                                                                                                       the Maritime Administrator. Pursuant to               *        *   *     *      *
                                               suitable U.S.-flag vessel is available, the
                                                                                                       this authority, MARAD is providing
                                               Maritime Administrator may issue a                                                                              Dated: December 8, 2016.
                                                                                                       notice of the services proposed by Cook
                                               waiver necessary to comply with USCG                                                                            By order of the Maritime Administrator.
                                                                                                       Aquaculture (Cook) in order to make a
                                               Aquaculture Support regulations. A                                                                            T. Mitchell Hudson, Jr.,
                                                                                                       U.S.-flag vessel availability
                                               brief description of the proposed                                                                             Secretary, Maritime Administration.
                                                                                                       determination.
                                               aquaculture support service is listed in
                                                                                                          In order to comply with USCG                       [FR Doc. 2016–29894 Filed 12–12–16; 8:45 am]
                                               the SUPPLEMENTARY INFORMATION section
                                                                                                       Aquaculture Support regulations at 46                 BILLING CODE 4910–81–P
                                               below.
                                                                                                       CFR part 106, Cook is seeking a MARAD
                                               DATES: Submit comments on or before                     Aquaculture Waiver to operate the
                                               January 12, 2017.                                       vessels M/V COLBY PERCE and M/V                       DEPARTMENT OF TRANSPORTATION
                                               ADDRESSES: You may submit comments                      RONJA CARRIER as follows:
                                               identified by DOT Docket Number                            Intended Commercial Use of Vessel:                 Pipeline and Hazardous Materials
                                               MARAD–2016–0126 by any of the                           ‘‘to use two highly-specialized foreign-              Safety Administration
                                               following methods:                                      flag vessels referred to as ‘‘wellboats’’             [Docket No. PHMSA–2016–0078; Notice No.
                                                  • On-line via the Federal Electronic                 (or ‘‘live fish carriers’’) to treat Cooke’s          2016–14]
                                               Portal: http://www.regulations.gov.                     swimming inventory of farmed Atlantic
                                               Search using ‘‘MARAD–2016–0126’’                        salmon in the company’s salt-water                    Hazardous Materials: Use of DOT
                                               and follow the instructions for                         grow-out pens off Maine’s North                       Specification 39 Cylinders for
                                               submitting comments.                                    Atlantic Coast. This treatment prevents               Liquefied Flammable Compressed Gas
                                                  • Mail/Hand-Delivery/Courier:                        against parasitic infestation by sea lice             AGENCY:  Pipeline and Hazardous
                                               Docket Management Facility; U.S.                        that is highly destructive to the salmon’s            Materials Safety Administration
                                               Department of Transportation, 1200                      health.’’                                             (PHMSA), DOT.
                                               New Jersey Avenue SE., Room W12–                           Geographic Region: ‘‘Off Maine’s                   ACTION: Safety advisory notice.
                                               140, Washington, DC 20590. Submit                       North Atlantic Coast’’.
                                               comments in an unbound format, no                          Requested Time Period: ‘‘2017                      SUMMARY:    PHMSA is issuing this safety
                                               larger than 81⁄2 by 11 inches, suitable for             calendar year, from January 1, 2017 to                advisory notice to inform offerors and
                                               copying and electronic filing.                          December 31, 2017’’.                                  users of DOT Specification 39 (DOT–39)
                                                  Reference Materials and Docket                          Interested parties may submit                      cylinders that DOT–39 cylinders with
                                               Information: You may view the                           comments providing detailed                           an internal volume exceeding 75 cubic
                                               complete application, including the                     information relating to the availability              inches (in3) (1.23 L) should not be filled
                                               aquaculture support technical service                   of U.S.-flag vessels to perform the                   with liquefied flammable compressed
                                               requirements, and all public comments                   required aquaculture support services. If             gas. PHMSA maintains filling or
                                               at the DOT Docket on-line via http://                   MARAD determines, in accordance with                  transporting DOT–39 cylinders with an
                                               www.regulations.gov. Search using                       46 U.S.C. 12102(d)(1) and MARAD’s                     internal volume exceeding 75 in3 (1.23
                                               ‘‘MARAD–2016–0126.’’ All comments                       regulations at 46 CFR part 388, that                  L) is not safe.
                                               received will be posted without change                  suitable U.S.-flag vessels are available to           FOR FURTHER INFORMATION CONTACT:
                                               to the docket, including any personal                   perform the required services, a waiver               Refaat Shafkey, General Engineer,
                                               information provided. The Docket
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                                                                                                       will not be granted. Comments should                  Engineering and Research Division,
                                               Management Facility is open 9:00 a.m.                   refer to the docket number of this notice             Office of Hazardous Materials Safety,
                                               to 5:00 p.m., Monday through Friday,                    and the vessel name in order for                      Pipeline and Hazardous Materials Safety
                                               except on Federal holidays.                             MARAD to properly consider the                        Administration, U.S. Department of
                                               FOR FURTHER INFORMATION CONTACT:                        comments. Comments should also state                  Transportation, 1200 New Jersey Ave.
                                               Bianca Carr, U.S. Department of                         the commenter’s interest in the waiver                SE., Washington, DC 20590. Telephone:
                                               Transportation, Maritime                                application, and address the waiver                   (202) 366–4545 or, via email:
                                               Administration, 1200 New Jersey                         criteria set forth in 46 CFR 388.4.                   refaat.shafkey@dot.gov.


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                                               90062                      Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices

                                               SUPPLEMENTARY INFORMATION:                              proposed to extend the 75 in3 (1.23 L)                DEPARTMENT OF TRANSPORTATION
                                               Public Action Requested                                 volume limitation of DOT–39 cylinders
                                                                                                       to all liquefied flammable compressed                 Pipeline and Hazardous Materials
                                                 PHMSA advises offerors of DOT–39                      gases by revising § 173.304 to delete                 Safety Administration
                                               cylinders having an internal volume                     Note 9 from the table at § 173.304(a)(2)              [Docket No. PHMSA–2016–0065]
                                               exceeding 75 cubic inches (in3) (1.23 L)                and adding §§ 173.304a and 173.304b.1
                                               that such cylinders should not be filled                                                                      Pipeline Safety: High Consequence
                                                                                                       RSPA received several comments in
                                               with liquefied flammable compressed                                                                           Area Identification Methods for Gas
                                                                                                       opposition to extending the limit to all
                                               gas. PHMSA further advises the public                                                                         Transmission Pipelines
                                               not to use any DOT–39 cylinder with an                  liquefied flammable compressed gases
                                               internal volume greater than 75 in3 (1.23               which would have been codified in                     AGENCY:   Pipeline and Hazardous
                                               L) containing a liquefied flammable                     § 173.304a(a)(3). RSPA published a final              Materials Safety Administration
                                               compressed gas.                                         rule on August 8, 2002 and, based on                  (PHMSA); DOT.
                                                                                                       the opposing comments, decided not to
                                               Safety Concern                                                                                                ACTION: Notice; Issuance of Advisory
                                                                                                       extend the 75 in3 (1.23 L) limitation to
                                                                                                                                                             Bulletin.
                                                  The release of a liquefied flammable                 all liquefied flammable compressed
                                               compressed gas from or rupture of such                  gases in a DOT–39 cylinder at that time.              SUMMARY:   PHMSA is issuing this
                                               a cylinder having an internal volume                    However, in the process of publishing                 advisory bulletin to remind gas
                                               exceeding 75 in3 (1.23 L) is a safety                   the final rule, the agency inadvertently              transmission pipeline operators of
                                               concern that could result in extensive                  omitted the 75 in3 (1.23 L) limitation for            certain previously issued guidance and
                                               property damage, serious personal                       liquefied flammable compressed gas and                provide operators with additional
                                               injury, or even death. A liquefied                      liquefied petroleum gas.2                             guidance for the identification of High
                                               flammable compressed gas has a stored                                                                         Consequence Areas (HCAs) along
                                               energy that is several times greater than                  On November 13, 2014, PHMSA
                                                                                                                                                             pipeline right-of-ways. This advisory
                                               that of a non-liquefied compressed gas.                 accepted a petition for rulemaking (P–
                                                                                                                                                             bulletin provides suggestions for
                                               Further, a DOT–39 cylinder can have a                   1622) from Worthington Cylinders to
                                                                                                                                                             accurately mapping and integrating
                                               volume of up to 1,526 in3 (25 L) at a                   address this error in a rulemaking. On
                                                                                                                                                             HCA data, documenting how mapping
                                               service pressure of 500 psig or less and,               July 26, 2016, PHMSA published in the                 systems are used, periodically verifying
                                               as such, can have up to 22 times the                    Federal Register an NPRM titled,                      and updating their mapping systems,
                                               stored energy of a DOT–39 cylinder                      ‘‘Hazardous Materials: Miscellaneous                  utilizing buffer zones (tolerances) to
                                               limited to 75 in3 (1.23 L). Additionally,               Amendments Pertaining to DOT                          provide additional protection around
                                               because of the design specifications that               Specification Cylinders (RRR),’’ [81 FR               the calculated potential impact radius
                                               allow for thinner walls when used at                    48977; Docket No. PHMSA–2011–0140                     (PIR) along their pipelines, and ensuring
                                               lower pressure, the cylinders may be at                 (HM–234) 3] that again proposes to                    the accuracy of class locations. The
                                               greater risk from corrosion or puncture.                extend the limit on the internal volume               bulletin emphasizes that HCA
                                               Given the known risks associated with                   of DOT–39 cylinders to use with all                   identification relies on pipeline-specific
                                               cylinders that are filled with liquefied                liquefied flammable compressed gases,                 information regarding the location, size,
                                               flammable compressed gases, PHMSA is                    thus correcting the inadvertently                     and operating characteristics of the line,
                                               issuing this safety advisory notice to                  omitted size limitation and expanding                 as well as the identification of
                                               inform offerors and users of DOT–39                     the applicability to capture those                    structures, specified sites, and their
                                               cylinders that cylinders with an internal               liquefied flammable compressed gases                  intended usage along the pipeline right-
                                               volume of 75 in3 (1.23 L) or more                       (e.g., difluoromethane (Refrigerant gas R             of-way.
                                               should not be filled with liquefied                     32)) either not reflected in the                      FOR FURTHER INFORMATION CONTACT:
                                               flammable compressed gas.                               § 173.304a(a)(2) table or not considered              Allan Beshore by phone at 405–834–
                                               Background                                              a liquefied petroleum gas.                            8344 or email at allan.beshore@dot.gov.
                                                  This safety advisory notice is being                   Issued in Washington, DC on December 5,
                                                                                                                                                             All materials in this docket may be
                                               issued in part because of concern over                  2016.
                                                                                                                                                             accessed electronically at http://
                                               confusion about the regulatory                                                                                www.regulations.gov. Information about
                                                                                                       William S. Schoonover,                                PHMSA may be found at http://
                                               requirements when using DOT–39                          Acting Associate Administrator for
                                               cylinders for liquefied compressed                                                                            www.phmsa.dot.gov.
                                                                                                       Hazardous Materials Safety, Pipeline and
                                               gases. Historically, the Hazardous                      Hazardous Materials Safety Administration.            SUPPLEMENTARY INFORMATION:
                                               Materials Regulations (HMR; 49 CFR                      [FR Doc. 2016–29813 Filed 12–12–16; 8:45 am]          I. Background
                                               parts 171–180) limited the internal
                                                                                                       BILLING CODE 4910–60–P
                                               volume of a DOT–39 specification                                                                                 A key component of PHMSA’s
                                               cylinder to 75 in3 (1.23 L) when used for                                                                     pipeline safety regulations is its
                                               certain liquefied flammable compressed                                                                        integrity management (IM) program. For
                                               gases. This size limitation applied when                                                                      gas transmission pipelines, this program
                                               DOT–39 cylinders were used for gases                                                                          is outlined in Subpart O of 49 CFR part
                                               that were subject to Note 9 following the                                                                     192 and is based on the concept that
                                               table at § 173.304(a)(2) or liquefied                                                                         pipeline operators need to identify those
pmangrum on DSK3GDR082PROD with NOTICES




                                                                                                         1 NPRM—Hazardous Materials: Requirements for
                                               petroleum gas as addressed in                                                                                 segments of their pipeline systems that
                                                                                                       DOT Specification Cylinders (HM–220D) [63 FR
                                               § 173.304(d)(3) (The table is currently                                                                       pose the greatest risk to human life,
                                                                                                       58460].
                                               located at § 173.304a).                                   2 Final Rule—Hazardous Materials: Requirements
                                                                                                                                                             property, and the environment, and to
                                                  In an October 30, 1998 notice of                     for Maintenance, Requalification, Repair and Use of
                                                                                                                                                             take extra precautions to ensure their
                                               proposed rulemaking (NPRM), the                         DOT Specification Cylinders (HM–220D) [67 FR          safety. These higher-risk areas are
                                               Research and Special Programs                           51625]                                                known as ‘‘HCAs.’’ Each operator is
                                               Administration (RSPA)—the                                 3 https://www.gpo.gov/fdsys/pkg/FR-2016-07-26/      required to survey its entire pipeline
                                               predecessor agency to PHMSA—                            pdf/2016-16689.pdf.                                   system to identify all pipeline segments


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Document Created: 2016-12-13 02:44:25
Document Modified: 2016-12-13 02:44:25
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.
ContactRefaat Shafkey, General Engineer, Engineering and Research Division, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590. Telephone: (202) 366-4545 or, via email: [email protected]
FR Citation81 FR 90061 

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