September 4, 2002

Dr. Robert McGuire
Associate Administrator for Hazardous Materials Safety
Dockets Management System
U.S. Department of Transportation
Room PL 401
400 Seventh St., SW
Washington, DC 20590-0001

Re: DOT Docket No. RSPA-01-10373 (HM-220D); "Hazardous Materials: Requirements for Maintenance, Requalification, Repair and Use of DOT Specification Cylinders" (Final rule published August 8, 2002)

Dear Dr. McGuire:

The Dangerous Goods Advisory Council (DGAC) is an international, non-profit, educational organization devoted to promoting safety in the domestic and international transportation and handling of hazardous materials, substances and wastes. DGAC represents shippers, carriers of all modes, container manufacturers and reconditioners, emergency response and waste clean-up companies, and a variety of other companies and trade associations involved in the field of hazardous materials transportation.

DGAC appeals the effective date for the final rule issued on August 8, 2002, under Docket HM-220D. The effective date, presently October 1, 2002, would provide fewer than 60 days to comply with the many new and revised requirements in this rule. We believe this is much too short a period for a rule of this length and complexity. The NPRM was published nearly four years ago, accompanied by a withdrawal of certain of the proposals on February 18 this year. Considering the lapse of time involved since the proposed rule was published and the many comments RSPA received on the proposal, we believe one year would be a much more reasonable time frame in which to digest the final rule and comply with its provisions.

In addition, a number of our members have indicated they have serious problems with certain requirements, principally in 173.301(f)(2) with respect to the new provision for pressure relief devices to be "in communication with the vapor space". These members are preparing separate appeals with detailed technical analyses and we would urge RSPA to carefully consider the practical problems involved as well as the non-availability of equipment needed to comply. This situation could cause hundreds of thousands of cylinders to be out of compliance on October 1.

We appreciate your consideration of this appeal and would be happy to discuss it in greater detail.

Sincerely,

Michael Morrissette
Vice President