[Federal Register Volume 84, Number 212 (Friday, November 1, 2019)]
[Notices]
[Pages 58829-58830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23878]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2019-0130; Notice No. 2019-07]
Hazardous Materials: Unapproved Foreign-Made DOT Cylinders
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Safety advisory notice.
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SUMMARY: PHMSA is issuing this safety advisory notice to inform the
public, industrial gas stakeholders, and relevant government officials
of the risks associated with requalifying, filling, and transporting
cylinders bearing the DOT specification markings ``DOT 4E'' or ``DOT
4BA'' that were produced by a company located in Thailand by the name
of Metal Mate. Metal Mate does not have an approval from PHMSA to
manufacture cylinders to DOT specifications; therefore, cylinders
marked with the Metal Mate name are not DOT specification cylinders.
They must not be used to transport hazardous materials in commerce to,
from, or within the United States, or on a United States-registered
aircraft. These cylinders may not perform to the marked DOT performance
standard and may not be safe for commercial transportation or consumer
use.
FOR FURTHER INFORMATION CONTACT: The Hazardous Materials Information
Center, (202) 366-4488 or 1-800-467-4922; [email protected].
SUPPLEMENTARY INFORMATION: PHMSA has become aware that a company
located in Thailand by the name of Metal Mate has been producing and
selling propane cylinders that were marked as ``DOT 4E'' without an
approval from PHMSA. PHMSA is aware of two cylinders found in Australia
that were marked as ``DOT 4E 240'' with Metal Mate's name marked as the
manufacturer. Third party testing revealed that the cylinders may not
meet the DOT 4E standard. Additionally, another cylinder produced by
Metal Mate and marked as ``DOT 4E'' has been found in Colombia. Metal
Mate cylinders can be identified by the name ``Metal Mate'' and ``MM''
logo stamped into the cylinder collar adjacent to other cylinder
markings (water capacity, test pressure, serial number, original test
date).
PHMSA has also received information that Metal Mate is producing
cylinders that are being marked as ``DOT 4BA 240.'' Evidence indicates
that Metal Mate has shipped cylinders as marked to both Bangladesh and
New Zealand.
Federal hazardous materials transportation law (49 U.S.C. 5101-
5128) authorizes the Secretary of Transportation (Secretary) to
establish regulations to safely transport hazardous materials in
intrastate, interstate, and foreign commerce. It also authorizes the
Secretary to apply these regulations to persons who manufacture or
maintain a packaging or a component of a packaging that is represented,
marked, certified, or sold as qualified for use in the transportation
of a hazardous material in commerce (see 49 CFR 171.1). The Secretary
delegated this authority to PHMSA in 49 CFR 1.97(b). As stated in 49
CFR 178.2(b), marking a packaging with a DOT specification, e.g., ``DOT
4E 240,'' means that all requirements of the marked DOT specification
have been met and each action performed by, or for, the person whose
name or symbol appears on the cylinder marking meets the requirements
specified in part 178. These requirements include multiple tests for
DOT 4BA and DOT 4E cylinders. For DOT 4E cylinders, the specification
also requires a chemical analysis (see 49 CFR 178.51 for the
specification requirements for DOT 4BA cylinders, and Sec. 178.68 for
the
[[Page 58830]]
specification requirements for DOT 4E cylinders).
Pursuant to 49 CFR 107.807(a), a foreign manufacturer who seeks to
manufacture DOT specification cylinders must obtain an approval from
PHMSA that permits that manufacturer to perform the required chemical
analyses and tests outside the United States. Metal Mate does not
possess any such approval from PHMSA, and is therefore not authorized
to mark cylinders that it manufactures as complying with DOT
specifications. Any cylinder produced by Metal Mate marked as meeting a
DOT specification is not approved, is not a DOT specification cylinder,
and may not meet DOT performance standards.
The PHMSA approval process \1\ involves the careful review and
onsite inspection of the applicant company's product documentation,
cylinder manufacturing process, employee training records, and the
presence and effectiveness of quality control measures at various
stages during the cylinders' production. Since this review and
inspection was not performed, DOT has no evidence that these cylinders
are designed to withstand pressurization during filling and use and to
safely contain hazardous materials transported in commerce. Improper
design and manufacturing could potentially lead to a release of
hazardous materials or failure of the cylinder.
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\1\ https://www.phmsa.dot.gov/hazmat/pressure-vessels-approvals/pressure-vessels-overview.
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Consequently, as a safety measure, PHMSA wants to inform consumers
that cylinders manufactured by Metal Mate, even if bearing a DOT
specification marking, must not be used to transport hazardous
materials in commerce to, from, or within the United States, or on a
United States-registered aircraft. These cylinders may not perform to
DOT performance standards, and may not be safe to use as one would use
a DOT specification cylinder.
Issued in Washington, DC, on October 28, 2019.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2019-23878 Filed 10-31-19; 8:45 am]
BILLING CODE 4910-60-P