Comment from Western Sales and Testing of Amarillo, Inc
Western Sales and Testing of Amarillo, IncOtherBusiness
Summary: Mark Griffin expresses support for safety improvements but requests that the proposed testing requirements do not create a monopoly for original equipment manufacturers. He argues that the requirements should be performance-based and accessible to independent requalification facilities to ensure competition and supply chain resilience.
Please accept the following comments regarding Application No. 14951-M, which proposes a new conversion rate and revised testing requirements under 49 CFR §§ 173.301(f) and 173.302(a).
We support advancements that improve safety and technical performance. However, any approval of this application should ensure that the revised testing requirements do not unnecessarily limit the ability of qualified independent requalification facilities to inspect and service these cylinders and trailers. If compliance with the proposed requirements depends upon proprietary testing protocols, manufacturer-controlled software, or OEM-specific equipment, the practical effect could be to restrict requalification activities to the original manufacturer.
To help ensure continued competition, adequate service capacity, and compliance with existing regulatory requirements, we respectfully request that PHMSA consider the following conditions before approving the application:
Avoid manufacturer-exclusive testing requirements. Testing protocols should be performance-based and objectively defined rather than dependent upon proprietary software, closed data systems, or manufacturer-specific hardware that is unavailable to qualified independent facilities.
Provide equal access to required testing information. Any testing parameters, calibration data, or other information necessary to perform the required inspections should be made commercially available to all authorized requalification facilities under reasonable and non-discriminatory terms.
Maintain compatibility with established industry practices. The proposed conversion rate and associated testing methodology should be capable of verification using recognized industry non-destructive examination (NDE/NDT) methods and equipment that are commonly available within the cylinder requalification industry.
Maintaining access for qualified third-party requalification facilities helps preserve service capacity, minimizes unnecessary transportation and scheduling delays, and supports a resilient supply chain while continuing to meet PHMSA's safety objectives. We respectfully request that PHMSA consider these factors when evaluating Application No. 14951-M.
Thank you for your consideration.
Mark Griffin