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51122 Federal Register / Vol. 71, No.

167 / Tuesday, August 29, 2006 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION of SLC are not yet fully understood, it and use of DOT specification cylinders.
appears the cracks primarily originate On May 8, 2003, we issued a subsequent
Pipeline and Hazardous Materials from the bottom of the neck of the final rule (68 FR 24653) making further
Safety Administration cylinder, at or below the lowest thread revisions in response to appeals. In
position in the interior of the cylinder. these final rules, we added the
49 CFR Parts 173 and 180 The cracking was first brought to following amendments pertaining to
[Docket No. PHMSA–03–14405 (HM–220F)]
PHMSA’s attention by persons retesting DOT specification cylinders made with
cylinders under the periodic retest aluminum alloy 6351–T6:
RIN 2137–AD78 procedures of § 180.209 of the • Removed the authorization for the
Hazardous Materials Regulations (HMR; manufacture of DOT specification
Hazardous Materials: Aluminum 49 CFR parts 171–180). The majority of cylinders made with aluminum alloy
Cylinders Manufactured of Aluminum SLC-related ruptures have occurred in 6351–T6 because cylinders
Alloy 6351–T6 Used in SCUBA, SCBA, self-contained underwater breathing manufactured with this aluminum alloy
and Oxygen Services—Revised apparatus (SCUBA), self-contained have a greater risk of failure than other
Requalification and Use Criteria breathing apparatus (SCBA), and oxygen aluminum cylinders.
AGENCY: Pipeline and Hazardous services. Since 1994, the Pipeline and • Prohibited the use of cylinders
Materials Safety Administration Hazardous Materials Safety made with aluminum alloy 6351–T6 for
(PHMSA), DOT. Administration (PHMSA, we) has been the transportation of materials
notified of thirteen suspected SLC poisonous by inhalation in Hazard Zone
ACTION: Final rule.
ruptures of cylinders manufactured of A effective on October 1, 2002. After
SUMMARY: This final rule revises the aluminum alloy 6351–T6. Five of the that date, cylinders made of aluminum
Hazardous Materials Regulations to thirteen ruptures resulted in serious alloy 6351–T6 may not be filled and
address a known safety problem with injuries. Data from manufacturers show offered for transportation in toxic
cylinders manufactured of aluminum there are thousands of cylinders with inhalation hazard service.
alloy 6351–T6. The revisions include an small, non-leaking cracks, which are • Prohibited the use of cylinders
inspection and testing program for early regularly detected during a diligent, manufactured of aluminum alloy 6351–
detection of sustained load cracking on detailed requalification process. T6 for gases having pyrophoric
cylinders manufactured of aluminum Manufacturers of cylinders made from properties.
alloy 6351–T6 and used in self- the 6351–T6 aluminum alloy have • Required a visual inspection of
contained underwater breathing conducted research, testing, and DOT specification or exemption
apparatus (SCUBA), self-contained analysis to determine whether there is cylinders made of aluminum alloy
breathing apparatus (SCBA), and oxygen any correlation between SLC and the 6351–T6 for evidence of SLC in the neck
services. probability of a cylinder rupture. The and shoulder area.
data indicate the cylinders may leak but On September 10, 2003, the Research
DATES: Effective date: January 1, 2007.
not rupture when operated at marked and Special Programs Administration,
FOR FURTHER INFORMATION CONTACT: service pressure. The data also indicate the predecessor agency to PHMSA,
Mark Toughiry, Office of Hazardous the probability of cracking increases published an NPRM (68 FR 53314)
Materials Technology, (202) 366–4545, with an increase in stress levels. proposing to amend HMR requirements
or Kurt C. Eichenlaub, Office of We performed additional applicable to aluminum cylinders
Hazardous Materials Standards, (202) metallurgical analysis on several manufactured using aluminum alloy
366–8553; PHMSA, U.S. Department of ruptured cylinders to verify the cause of 6351–T6. In the NPRM, for cylinders
Transportation, 400 Seventh Street, failure and failure mode. (See the manufactured of aluminum alloy 6351–
SW., Washington, DC 20590–0001. metallurgical analysis reports at http:// T6 used in SCUBA, SCBA, and oxygen
SUPPLEMENTARY INFORMATION: hazmat.dot.gov/pubs/reports/cylinder/ service, we proposed the following
Contents 3al_cyls_info.htm). Those metallurgical amendments:
analyses revealed SLC caused the • A combined visual and eddy
I. Background current examination at the time of
cylinder ruptures, but the results were
II. Analysis of Comments to SNPRM
III. Section-by-Section Review inconclusive as to why the cylinders requalification.
IV. Regulatory Analyses and Notices abruptly ruptured instead of developing • A new Appendix C to Part 180, to
A. Statutory/Legal Authority for This leaks. North American manufacturers specify the procedure to conduct the
Rulemaking discontinued using aluminum alloy eddy current examination.
B. Executive Order 12866 and DOT 6351–T6 prior to 1990, replacing it with • Suitable safeguards to protect
Regulatory Polices and Procedures aluminum alloy 6061–T6, which is not personnel and facilities should a
C. Executive Order 13132 susceptible to SLC. Cylinders cylinder fail during the filling process.
D. Executive Order 13175 manufactured of aluminum alloy 6351– Although we believe the thirteen
E. Regulatory Flexibility Act, Executive T6 prior to 1990 include seamless reported SLC ruptures under represent
Order 13272, and DOT Procedures and the extent of the SLC issue, we did not
aluminum cylinders marked ‘‘DOT
Policies have sufficient data to determine
F. Paperwork Reduction Act 3AL;’’ and those marked with one of the
G. Regulation Identifier Number (RIN) following exemption or special permit whether the SLC-related ruptures
H. Unfunded Mandates Reform Act numbers: 6498, 7042, 8107, 8364, and extend beyond those services discussed
I. Environmental Assessment 8422. We estimate approximately 3.7 above. Therefore, in the NPRM we
J. Privacy Act million U.S. cylinders manufactured requested additional information from
from aluminum alloy 6351–T6 are manufacturers and users who were
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I. Background aware of a cylinder rupture, whether


currently in use in SCUBA, SCBA, and
Cylinders made of aluminum alloy oxygen services. domestic or foreign, involving a DOT
6351–T6 are known to be susceptible to On August 8, 2002, we published a 3AL cylinder or any other cylinder
sustained load cracking (SLC) in the final rule (67 FR 51626) amending the manufactured from aluminum alloy
neck and shoulder area of the cylinder. requirements of the HMR applicable to 6351–T6. More broadly, we invited
While the exact cause and mechanism the maintenance, requalification, repair, commenters to address the issue of

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Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 51123

whether the new inspection 14405–28); and, Amy Morgan Bruecks firefighter, substantially increasing the
requirements proposed in the NPRM (Bruecks; RSPA–2003–14405–29). These risk of injury or fatality in the event of
should apply to cylinders manufactured comments are available in their entirety a cylinder rupture. To date, there have
of aluminum alloy 6351–T6 and used in at the U.S. DOT Docket Management been no reported ruptures involving
services other than SCUBA, SCBA, or System Web site: http://dms.dot.gov, DOT 3AL cylinders manufactured of
oxygen. under Docket No. PHMSA–03–14405. aluminum alloy 6351–T6 and used in
On October 26, 2005, based on In this final rule, we summarize carbon dioxide, fire extinguisher, or
comments received in response to the comments submitted to the docket, other industrial gas service. Therefore,
NPRM, we published an SNPRM (70 FR address concerns raised by commenters, we are not expanding the scope of the
61762) to revise the amendments and discuss our decisions on specific rule to include all DOT 3AL cylinders
originally proposed in the NPRM, issues. manufactured of aluminum alloy 6351–
expand the scope of the rulemaking, and T6.
A. Carbon Dioxide Service
propose additional requirements for Two commenters [CGA; Barlen] to the
DOT 3AL cylinders manufactured of The SNPRM proposed enhanced SNPRM oppose expanding the scope of
aluminum alloy 6351–T6. In the requalification requirements and a 40- the rule to include cylinders used in
SNPRM, we proposed to: year service life for DOT 3AL cylinders carbon dioxide service. One commenter
• Require a combined visual and manufactured of aluminum alloy 6351– [CGA] states, ‘‘SLC is most likely to
eddy current examination at the time of T6 and used in SCUBA, SCBA, oxygen, occur at high pressures. Because
requalification of DOT 3AL cylinders and carbon dioxide services. DOT 3AL cylinders used in [carbon dioxide]
manufactured of aluminum alloy 6351– cylinders used for carbon dioxide service are operated at a lower pressure
T6 and used in carbon dioxide service, service were not included in the original than those used in SCBA and SCUBA
in addition to those used in SCUBA, NPRM, but were added to the SNPRM service, the rate of cracking for cylinders
SCBA, and oxygen services. as a result of our own initiative and in in [carbon dioxide] service will be
• Impose a 40-year service life for response to comments submitted to the substantially less than for those used in
cylinders manufactured of aluminum NPRM. Comments to the SNPRM are SCBA and SCUBA service. Failure by
alloy 6351–T6 and used in SCUBA, divided on the proposed scope of the SLC is not expected to occur in
SCBA, oxygen and carbon dioxide rule. Several commenters [Bruecks; cylinders used in [carbon dioxide]
services. Engineered Inspection; Western Sales] service.’’
• Add additional training recommend expanding the scope of the A comment submitted by City
requirements for persons performing the final rule to include ‘‘all cylinders Carbonic Sales Service [City Carbonic;
eddy current examination combined manufactured of aluminum alloy 6351– RSPA–2003–14405–13] to the 2003
with a visual inspection. T6’’ while others [CGA; Barlen] are NPRM (68 FR 53314) asserts a
• Modify procedures and opposed to expanding the scope beyond significant number of cylinders used in
recordkeeping requirements for eddy cylinders used in SCUBA, SCBA, and carbon dioxide service were condemned
current examinations. oxygen services. due to SLC during a three-year in-house
• Add a requirement to perform the Three commenters [Bruecks; survey. However, a commenter [CGA] to
initial eddy current examination Engineered Inspection; Western Sales] the SNPRM disagrees with that
combined with visual inspection for assert cylinders manufactured with assertion, suggesting it was
DOT 3AL cylinders manufactured of aluminum alloy 6351–T6 are dangerous unsubstantiated. The commenter [CGA]
aluminum alloy 6351–T6 within three regardless of end use. One commenter states the specific type of cracks
[Western Sales] states, ‘‘[T]o simplify,
years of publication of a final rule in the observed in the condemned cylinders
Federal Register. and because I believe that this cylinder were not confirmed to be related to SLC,
is just as dangerous when being used in but were most likely due to the over-
II. Analysis of Comments services not addressed, I believe that torquing of these cylinder’s taper
We received 10 comments from any reference to just the 4 specific threaded valves causing cracks to occur
individuals and organizations, services be dropped. While I appreciate in the neck of the cylinder. Two
including cylinder manufacturers, that there are no catastrophic failures commenters [CGA; Barlen] suggest we
representatives of the SCUBA and from other user groups, that have been are proposing to expand the scope of the
compressed gas industries, and eddy reported, I believe including all rule without providing appropriate
current test equipment manufacturers. cylinders made of 6351–T6 is in the best technical data to justify such an
The following companies, organizations, interest of the cylinder industry and the amendment. These commenters also
and individuals submitted comments: general public.’’ Each of the three assert SLC is not likely to develop in
George Perez (Perez; RSPA–2003– commenters recommends amending DOT 3AL cylinders used in carbon
14405–17); Matheson Tri Gas proposed requirements to include ‘‘all’’ dioxide service and recommend we
(Matheson; RSPA–2003–14405–18); Air cylinders manufactured of aluminum remove the proposed amendment to
Liquide Canada, Inc. (Air Liquide; alloy 6351–T6 in the scope of this rule. include these cylinders in the scope of
RSPA–2003–14405–19); Engineered We disagree. As previously stated, the this rule.
Inspection Systems (Engineered majority of cylinder ruptures due to SLC We agree. Therefore, in this final rule,
Inspection; RSPA–2003–14405–20); have occurred in SCUBA, SCBA, and we are removing the proposal
Western Sales & Testing of Deer Park, oxygen services. We believe these expanding the scope of the rulemaking
Inc. (Western Sales; RSPA–2003–14405– ruptures are directly related to the to include cylinders manufactured of
21, RSPA–2003–14405–22, RSPA–2003– increased frequencies with which these aluminum alloy 6351–T6 and used in
14405–23, RSPA–2003–14405–24); cylinders are filled and their higher carbon dioxide service. We agree with
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Barlen and Associates, Inc. (Barlen; operating pressures. As discussed in the the commenter’s [CGA] statement that
RSPA–2003–14405–25); Luxfer Gas NPRM (68 FR 53314), the probability of cylinders used in carbon dioxide service
Cylinders (Luxfer; RSPA–2003–14405– SLC increases the more frequently the generally operate at lower pressures
26); Brian H. Schumann (Schumann; cylinder is filled. Additionally, and, thus, have a reduced likelihood of
RSPA–2003–14405–27); Compressed cylinders used in SCUBA and SCBA developing SLC. Commenters are
Gas Association (CGA; RSPA–2003– services may be used by a diver or correct there have been no reported

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51124 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations

cylinder ruptures involving DOT 3AL and visual examination at least once inspection of cylinders manufactured of
cylinders manufactured of aluminum every five years. In the SNPRM, we aluminum alloy 6351–T6 and used in
alloy 6351–T6 and used in carbon proposed to require an initial eddy SCBA, SCUBA, oxygen and carbon
dioxide, fire extinguisher, or other current examination to be performed dioxide services. Two commenters
industrial gas services. However, we within three years of the effective date [CGA; Engineered Inspection] oppose
will continue to monitor these cylinders of this final rule, and every 5 years the requirement to include the location
for evidence of SLC and, if the situation thereafter. Commenters generally and type of defect on the test report.
warrants, we may revisit this issue in a support the proposed eddy current These commenters assert this
future rulemaking. examination for cylinders used in information is not necessary and
SCUBA, SCBA, oxygen and carbon increases the time required to document
B. 40-Year Service Life
dioxide services. However, several each examination. One commenter
Currently, cylinders manufactured of commenters [CGA; Barlen; Matheson; [Engineered Inspection] states, ‘‘details
aluminum alloy 6351–T6 may be used Engineered Inspection; Western Sales; of this nature take much more time to
indefinitely so long as they conform to Bruecks] assert the requirement to note, and this will increase the amount
the requalification test and inspection perform the initial eddy current of time required to perform a test. The
criteria established in the HMR. The examination within three years of the end result will be an increased cost to
SNPRM proposed a 40-year service life effective date of this final rule is the customer.’’ Both commenters
from the date of manufacture for DOT unnecessary and may be difficult to recommend removing this requirement
3AL cylinders manufactured of comply with. These commenters point since the pass/fail entry on the report is
aluminum alloy 6351–T6 and used in out requiring the eddy current sufficient to indicate whether a defect
SCUBA, SCBA, oxygen, and carbon examination within three years of the was detected during the examination.
dioxide services. Several commenters effective date may result in a large We agree. Since the eddy current with
[CGA; Air Liquide; Barlen] to the number of cylinders pulled from service visual examination is conducted to
SNPRM oppose the 40-year service life for requalification twice within a five locate SLC in the neck and shoulder of
proposed for DOT 3AL cylinders year period; once for the eddy current a cylinder, a pass/fail indication on the
manufactured of aluminum alloy 6351– examination and once for the scheduled test report is sufficient for indicating
T6. These commenters suggest there is periodic requalification. Several whether a defect was found during the
no evidence these cylinders are more commenters [Engineered Inspection; examination. Therefore, we are
likely to be susceptible to SLC as they Western Sales; Bruecks] also assert the removing the proposal to notate the
age and state the proposed amendment eddy current marking could cause location and type of defect found on the
lacks the appropriate test data, analysis, confusion because it is required to be test report.
or statistical data to support the marked in association with the test date
implication that older cylinders are One commenter [Western Sales]
of the last volumetric expansion test, opposes the use of the term ‘‘rejected’’
more likely to develop SLC. These which could be different from the date
commenters further suggest in Appendix C to part 180 to describe
of the eddy current examination. cylinders failing the eddy current with
requalification is the most appropriate Additionally, one commenter
method to identify and condemn DOT visual examination. The commenter
[Matheson] is concerned the few
specification cylinders regardless of asserts the term ‘‘rejected’’ implies the
companies currently equipped to
their age. cylinder can be repaired and returned to
conduct eddy current examinations may
After consideration of these service. The commenter recommends
become overloaded with additional test
comments, we agree our proposed 40- removing the term ‘‘rejection’’ and
work, resulting in backlogs and test
year service life for cylinders replacing it with ‘‘condemned’’ to
delays. To alleviate confusion and
manufactured of aluminum alloy 6451– ensure the cylinder is not returned to
reduce the overall burden, these
T6 and used in SCUBA, SCBA, carbon service.
commenters suggest revising the
dioxide, and oxygen services is not amendment to require eddy current We agree. The terms ‘‘rejection
warranted at this time. We also agree examinations at the time of a cylinder’s criteria,’’ and ‘‘rejected’’ in Appendix C
with the commenters’ [CGA; Air next scheduled periodic requalification, to part 180 were intended to indicate
Liquide; Barlen] statements that the which is required every five years. cylinders failing the eddy current
requalification process is an effective We agree. In this final rule, we are combined with visual examination must
method of condemning deteriorated or removing the proposal to perform an be permanently removed from service.
damaged DOT specification cylinders. eddy current examination within three We did not intend to allow those
Further, there is evidence these years of the effective date of this rule, cylinders to be reconditioned or reused
cylinders are being voluntarily removed and we are requiring an eddy current under any circumstances. The
from service as defects are identified examination to be conducted at the commenter is correct the term is
through inspections and testing. cylinder’s next required periodic inconsistent with § 180.205(i), which
Therefore, we are not adopting the 40- requalification after January 1, 2007, the uses the terms ‘‘cylinder
year service life in this final rule. We effective date of this final rule. As a condemnation,’’ and ‘‘condemned’’ to
will continue to monitor cylinders result, the date stamp on each cylinder describe cylinders to be permanently
manufactured of aluminum alloy 6351– will accurately reflect the date of the removed from service. In this final rule,
T6 for evidence of SLC. If the situation last periodic requalification, including we are revising the terminology used in
warrants, we may revisit this issue in a the eddy current and visual Appendix C to part 180 to be consistent
future rulemaking. examination. with established requalification
requirements.
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C. Requalification Schedule for Eddy D. Appendix C to Part 180 A commenter [Western Sales] also
Current Examinations In the SNPRM, we proposed to add a points out the owners name and symbol
Currently, the HMR specify periodic new Appendix C to part 180 to specify may not be present (i.e. stamped on the
requalification requirements for DOT procedures, training, and recordkeeping cylinder). For this reason, the
3AL cylinders. Periodic requalification requirements for performing the eddy commenter recommends revising the
includes a volumetric expansion test current examination and visual language requiring a notation of the

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Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 51125

cylinder owner’s name or symbol to place during the filling process unless T6 to be inspected for evidence of SLC
include the words ‘‘if present.’’ we intend to provide specific in the neck and shoulder areas. In this
We agree. It is not necessary to record instructions on ‘‘how to fill’’ an final rule, we are revising paragraph
the owner’s name or symbol if it is not aluminum alloy cylinder. Another (f)(4) to reference part 180, Appendix C
present or available at the time of commenter [Western Sales] suggests for requalification requirements for DOT
requalification. Therefore, in this final liability issues could arise from the 3AL cylinders manufactured of
rule, we are revising the language to proposed requirement for only one aluminum alloy 6351–T6 and used in
require requalification records to person to be around a cylinder during SCUBA, SCBA, and oxygen services.
include the cylinder owner’s name or the filling operation.
symbol, if present. This revision is Section 180.209
We disagree. The operational controls
consistent with established cylinder proposed in the SNPRM are This section establishes requirements
requalification recordkeeping recommendations intended to for the requalification of DOT
requirements. emphasize persons filling DOT 3AL specification cylinders. Paragraph (a) of
One commenter [Western Sales] states cylinders manufactured of aluminum this section includes a table with the
the serial number must be included in alloy 6351–T6 should take additional requalification criteria for DOT
the test report to readily identify the safety precautions because of the risk of specification cylinders. In this final
examined cylinder. We agree. We rupture during the filling process. The rule, we are amending the entry for the
inadvertently omitted the cylinder serial majority of cylinder ruptures due to SLC DOT 3AL cylinder in the
number as a required notation on the have occurred during the filling process. ‘‘Requalification of Cylinders’’ table to
test report. We are adding the serial We do not believe the operational add a reference to new paragraph (m).
number as information required to be controls create potential liability issues New paragraph (m) requires cylinders
included on the test report to identify because they are recommendations manufactured of aluminum alloy 6351–
cylinders that have been examined and rather than mandatory requirements. T6 and used in SCUBA, SCBA, and
tested. oxygen services to undergo an eddy
In addition, we are revising the III. Section-by-Section Review current and visual examination for early
training requirements for persons who detection of SLC in the neck and
Part 173
perform eddy current examinations to shoulder area of the cylinder. We are
require an employer to certify they have Section 173.301 adding a footnote (3) to specify the eddy
been trained and tested in accordance This section establishes general current and visual examinations do not
with their company’s specific eddy requirements for the shipment of apply to cylinders used for carbon
current and visual examination compressed gases in cylinders. dioxide, fire extinguisher or other
procedures. We are removing references Paragraph (d) of this section addresses industrial gas services.
to specific training criteria. It is the the transportation of gases capable of
employer’s responsibility to ensure each Section 180.213
combining chemically and prohibits the
employee is properly trained in the use of DOT 3AL cylinders for the This section establishes marking
functions he or she performs. The transportation of pyrophoric gases. In requirements for cylinders passing
training requirements are consistent this final rule, we are revising paragraph periodic requalification testing. We are
with those specified in § 172.704. (d) to remove reference to DOT 3AL revising paragraph (d), which sets forth
Therefore, it is not necessary to list cylinders manufactured of aluminum the specific markings required, and
specific training criteria for persons who alloy 6351–T6. The prohibition is adding a new paragraph (f)(9) to specify
perform eddy current examinations. relocated to a new paragraph (o) titled the requalification marking
Further, we are removing language requirements for aluminum cylinders
‘‘DOT 3AL cylinders made of aluminum
from Appendix C to part 180, which successfully passing the combined eddy
alloy 6351–T6.’’
required the visual examination to be current examination and visual
conducted before and after the eddy Section 173.302 inspection.
current examination. After further This section addresses requirements
review, we believe it is only necessary Appendix C to Part 180
for filling cylinders with non-liquefied
to conduct one visual inspection either compressed gases. In this final rule, we In this final rule, we are adding a new
before or after the eddy current are adding a new paragraph (e) to Appendix C to part 180 to specify
examination. Cylinder requalifiers recommend operational controls during procedures, training, and recordkeeping
performing the visual examination prior the filling process for cylinders requirements for performing the eddy
to the eddy current examination may manufactured of aluminum alloy 6351– current examination and visual
conduct a second visual examination T6 and used in SCUBA, SCBA, and inspection of cylinders manufactured of
afterwards to confirm the results of the oxygen services. The operational aluminum alloy 6351–T6 and used in
eddy current examination, however, a controls will reduce the risk of personal SCUBA, SCBA, and oxygen services.
second visual examination is not injury and property damage during the The new appendix includes:
required. filling process. (1) Eddy current and visual
E. Operational Controls examination and inspection procedures
Part 180 to identify SLC;
In the SNPRM, we proposed to add to (2) Eddy current equipment
the HMR operational controls as Section 180.205
specifications and record retention
recommended safety practices for filling This section establishes general requirements;
DOT 3AL cylinders manufactured of requirements for the requalification of (3) Cylinder condemnation criteria;
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aluminum alloy 6351–T6. Two cylinders used to transport hazardous (4) Record retention requirements for
commenters [Barlen; Western Sales] materials. Paragraph (f) sets forth examinations and inspections; and,
oppose the proposed operational requirements for periodic visual (5) Training requirements for
controls in the SNPRM. One commenter inspections of cylinders. Paragraph (f)(4) personnel who perform eddy current
[Barlen] suggests it is inappropriate to specifically requires cylinders and visual examinations and
require operational controls to be in manufactured of aluminum alloy 6351– inspections.

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51126 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations

IV. Regulatory Analyses and Notices million of the total population of 3.7 (3) The preparation, execution, and
million cylinders are already subject to use of shipping documents related to
A. Statutory/Legal Authority for This
enhanced inspection and testing hazardous material and requirements
Rulemaking
requirements because of voluntary related to the number, contents, and
This final rule is published under actions by cylinder owners and placement of those documents;
authority of Federal hazardous materials retesters. Further, annual costs to (4) The written notification,
transportation law (Federal hazmat law; industry will diminish with time as recording, and reporting of the
49 U.S.C. 5101 et seq.). Section 5103(b) cylinders are condemned or voluntarily unintentional release in transportation
of Federal hazmat law authorizes the removed from service. Over the next of hazardous material; and
Secretary of Transportation to prescribe five years, we expect the population of (5) The design, manufacturing,
regulations for the safe transportation, cylinders manufactured of aluminum fabricating, marking, maintenance,
including security, of hazardous alloy 6351–T6 to decrease by 500,000, reconditioning, repairing, or testing of a
material in intrastate, interstate, and decreasing the number of cylinders not packaging or container represented,
foreign commerce. To this end, as currently subject to voluntary NDE to marked, certified, or sold as qualified
discussed in detail earlier in this 2.2 million. for use in transporting hazardous
preamble, the final rule proposes to Based on the foregoing analysis, we material.
revise current HMR requirements estimate initial annual costs to comply This final rule covers items 2 and 5
applicable to aluminum cylinders with the test and inspection
manufactured using aluminum alloy and would preempt any State, local, or
requirements of this final rule to be Indian tribe requirements not meeting
6351–T6 and used in SCUBA, SCBA, $1.215 million (2.7 million cylinders the ‘‘substantively the same’’ standard.
and oxygen services. The purpose of the not currently subject to NDE × $.45 NDE
final rule is to adopt a standard for early Pursuant to § 5125(b)(2) of the Federal
test costs = $1.215 million). Over a 5-
detection of SLC to reduce the risk of a hazmat law, if the Secretary of
year period, compliance costs will
cylinder rupture and to establish a Transportation issues a regulation
decrease to $990,000 (2.2 million
service life for cylinders manufactured concerning any of the covered subjects,
cylinders × $.45 NDE test costs). Thus,
of aluminum alloy 6351–T6 and used in the Secretary must determine and
the total five year compliance cost to
SCUBA, SCBA, and oxygen services. publish in the Federal Register the
industry will be $4.22 million.
The benefits of implementing the effective date of Federal preemption.
B. Executive Order 12866 and DOT The effective date may not be earlier
Regulatory Policies and Procedures provisions of this final rule include
avoided fatalities, injuries, and damages than the 90th day following the date of
This final rule is not considered a resulting from cylinder ruptures caused issuance of the final rule and not later
significant regulatory action under by SLC. The annual benefits associated than two years after the date of issuance.
section 3(f) of Executive Order 12866 with this final rule total $1,183,125, or PHMSA has determined the effective
and, therefore, was not reviewed by the $5.9 million over 5 years. date of Federal preemption for these
Office of Management and Budget. The The cost-benefit analysis is based on requirements will be one year from the
final rule is not considered a significant information obtained from cylinder date of publication of a final rule in the
rule under the Regulatory Policies and manufacturers, industrial gas Federal Register.
Procedures of the Department of companies, cylinder inspectors, and D. Executive Order 13175
Transportation [44 FR 11034]. metallurgical evaluation of the ruptured
The compliance costs associated with cylinders. A regulatory analysis is This final rule has been analyzed in
this rule are minimal. The regulatory available for review in the docket. accordance with the principles and
analysis indicates the increased cost for criteria contained in Executive Order
performing an additional non- C. Executive Order 13132 13175 (‘‘Consultation and Coordination
destructive examination (NDE) and This final rule has been analyzed in with Indian Tribal Governments’’).
implementing operational controls is accordance with the principles and Because this final rule does not have
small compared to the cost and safety criteria contained in Executive Order tribal implications, does not impose
risks of doing nothing; it is significantly 13132 (‘‘Federalism’’). This final rule substantial direct compliance costs, and
less than the cost of immediately preempts State, local and Indian tribe is not required by statute, the funding
removing all cylinders from service. We requirements, but does not adopt any and consultation requirements of
estimate the cost of the hydrostatic test regulation with direct effects on the Executive Order 13175 do not apply.
and internal visual inspection required States, the relationship between the E. Regulatory Flexibility Act, Executive
under the current regulation to be $5 per national government and the States, or Order 13272, and DOT Regulatory
cylinder for each 5-year periodic the distribution of power and Policies and Procedures
requalification. We estimate the cost to responsibilities among the various
conduct the additional visual inspection levels of government. Therefore, the The Regulatory Flexibility Act (5
and eddy current testing required under consultation and funding requirements U.S.C. 601 et seq.) requires an agency to
this final rule combined with the of Executive Order 13132 do not apply. review regulations to assess their impact
current hydrostatic and visual The Federal hazardous materials on small entities unless the agency
inspection to be $7.25 per cylinder for transportation law, 49 U.S.C. 5101 et determines a rule is not expected to
each periodic requalification. Therefore, seq., contains an express preemption have a significant economic impact on
we estimate the additional annual cost provision (49 U.S.C. 5125(b)) a substantial number of small entities.
associated with this final rule to be preempting State, local, and Indian tribe This rule imposes only minimal new
$0.45 per cylinder ($2.25 additional requirements on certain covered costs of compliance on the regulated
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requalification costs/5-year subjects. Covered subjects are: industry. Based on the assessment in the
requalification period). A number of (1) The designation, description, and regulatory evaluation, I hereby certify
cylinder owners and retesters are classification of hazardous material; that while this rule applies to a
voluntarily utilizing NDE as part of the (2) The packing, repacking, handling, substantial number of small entities,
5-year requalification testing process for labeling, marking, and placarding of there will not be a significant economic
these cylinders. We estimate about 1 hazardous material; impact on those small entities. A

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detailed Regulatory Flexibility analysis Direct your requests for a copy of the comment (or signing the comment, if
is available for review in the docket. information collection to Deborah submitted on behalf of an association,
This final rule has been developed in Boothe or T. Glenn Foster, Office of business, labor union, etc.). You may
accordance with Executive Order 13272 Hazardous Materials Standards (PHH– review DOT’s complete Privacy Act
(‘‘Proper Consideration of Small Entities 10), Pipeline and Hazardous Materials Statement in the Federal Register
in Agency Rulemaking’’) and DOT’s Safety Administration (PHMSA), Room published on April 11, 2000 (Volume
policies and procedures to promote 8102, 400 Seventh Street, SW., 65, Number 70; Pages 19477–78) or you
compliance with the Regulatory Washington, DC 20590–0001, may visit http://dms.dot.gov.
Flexibility Act to ensure potential Telephone (202) 366–8553. In addition,
List of Subjects
impacts of draft rules on small entities you may submit comments specifically
are properly considered. related to the information collection 49 CFR Part 173
burden to the PHMSA Desk Officer, Hazardous materials transportation,
F. Paperwork Reduction Act
OMB, at fax number 202–395–6974. Incorporation by reference, Packaging
PHMSA currently has an approved and containers, Radioactive materials,
G. Regulation Identifier Number (RIN)
information collection under OMB Reporting and recordkeeping
Control No. 2137–0022, Testing, A regulation identifier number (RIN)
requirements, Uranium.
Inspection, and Marking Requirements is assigned to each regulatory action
for Cylinders with 168,431 burden listed in the Unified Agenda of Federal 49 CFR Part 180
hours, and an expiration date of August Regulations. The Regulatory Information Hazardous materials transportation,
31, 2008. This final rule results in an Service Center publishes the Unified Incorporation by reference, Motor
increase in annual burden and costs Agenda in April and October of each vehicle safety, Packaging and
based on a new information collection year. The RIN number contained in the containers, Reporting and recordkeeping
requirement. The amendments heading of this document can be used requirements.
regarding the shipment of aluminum to cross-reference this action with the ■ In consideration of the foregoing, we
cylinders which resulted in a new Unified Agenda. are amending 49 CFR Chapter I,
information collection requirement were H. Unfunded Mandates Reform Act Subchapter C as follows:
submitted to the Office of Management
and Budget (OMB) for review and This final rule does not impose PART 173—SHIPPERS—GENERAL
approval at the NPRM stage. At the unfunded mandates under the REQUIREMENTS FOR SHIPMENT AND
request of OMB, we are re-submitting Unfunded Mandates Reform Act of PACKAGES
this new information collection burden 1995. It does not result in costs of
$120.7 million or more to either State, ■ 1. The authority citation for part 173
request for final OMB approval at the
local or tribal governments, in the continues to read as follows:
final rule stage. Upon approval of this
information collection by OMB, we will aggregate, or to the private sector, and Authority: 49 U.S.C. 5101–5128, 44701; 49
publish a separate notice in the Federal is the least burdensome alternative that CFR 1.45, 1.53.
Register. achieves the objective of the rule.
■ 2. In § 173.301, paragraph (d) is
PHMSA has developed burden I. Environmental Assessment revised and a new paragraph (o) is
estimates to reflect changes in this final The National Environmental Policy added to read as follows:
rule. PHMSA estimates the total Act of 1969 (NEPA), as amended (42
information collection and § 173.301 General requirements for
U.S.C. 4321–4347), requires Federal shipment of compressed gases and other
recordkeeping burden would be as agencies to consider the consequences hazardous materials in cylinders, UN
follows: of major federal actions and prepare a pressure receptacles and spherical
OMB No. 2137–0022: detailed statement on actions pressure vessels.
Total Annual Number of Responders: significantly affecting the quality of the * * * * *
103,779. human environment. There are no (d) Gases capable of combining
Total Annual Responses: 168,879. significant environmental impacts chemically. A filled cylinder may not
Total Annual Burden Hours: 271,461. associated with this final rule. PHMSA contain any gas or material capable of
Total Annual Burden Cost: is amending requirements in the HMR combining chemically with the
$2,614,396. pertaining to DOT 3AL aluminum cylinder’s contents or with the
Total One-Time Start-Up Cost: cylinders. The purpose of this cylinder’s material of construction, so as
$964,000. rulemaking initiative is to minimize to endanger the cylinder’s serviceability.
Under the Paperwork Reduction Act personal injury during the filling * * * * *
of 1995, no person is required to process and to adopt a standard for early (o) DOT 3AL cylinders made of
respond to an information collection detection of sustained load cracking of aluminum alloy 6351–T6. A DOT 3AL
unless it has been approved by OMB cylinders manufactured of aluminum cylinder manufactured of aluminum
and displays a valid OMB control alloy 6351–T6 in order to reduce the alloy 6351–T6 may not be filled and
number. Section 1320.8(d), Title 5, Code risk of a cylinder rupture. Adopting a offered for transportation or transported
of Federal Regulations requires that standard for early detection of sustained with pyrophoric gases.
PHMSA provide interested members of load cracking in order to reduce the risk ■ 3. In § 173.302, a new paragraph (e) is
the public and affected agencies an of a cylinder rupture has no potential added to read as follows:
opportunity to comment on information for environmental damage or
collection and recordkeeping requests. contamination. § 173.302 Filling of cylinders with
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PHMSA specifically requested nonliquefied (permanent) compressed


comments on the information collection J. Privacy Act gases.
and recordkeeping burdens associated Anyone is able to search the * * * * *
with developing, implementing, and electronic form of all comments (e) DOT 3AL cylinders manufactured
maintaining these requirements for received into any of our dockets by the of 6351–T6 aluminum alloy. Suitable
approval under this final rule. name of the individual submitting the safeguards should be provided to

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51128 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations

protect personnel and facilities should Authority: 49 U.S.C. 5101–5128; 49 CFR load cracking in accordance with
failure occur while filling cylinders 1.53. Appendix C of this part at the first
manufactured of aluminum alloy 6351– scheduled 5-year requalification period
■ 5. In § 180.205, paragraph (f)(4) is
T6 used in self-contained underwater after January 1, 2007, and every five
revised to read as follows:
breathing apparatus (SCUBA), self- years thereafter.
contained breathing apparatus (SCBA) § 180.205 General requirements for * * * * *
or oxygen service. The cylinder filler requalification of specification cylinders.
should allow only those individuals * * * * * ■ 6. In § 180.209, in paragraph (a), in the
essential to the filling process to be in (f) * * * ‘‘Requalification of Cylinders table’’ the
the vicinity of the cylinder during the entry ‘‘DOT 3AL’’ is revised, and a new
(4) In addition to other requirements
filling process. paragraph (m) is added to read as
prescribed in this paragraph (f), each
specification cylinder manufactured of follows:
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE aluminum alloy 6351–T6 and used in § 180.209 Requirements for requalification
OF PACKAGINGS self-contained underwater breathing of specification cylinders.
apparatus (SCUBA), self-contained
■ 4. The authority citation for part 180 breathing apparatus (SCBA), or oxygen * * * * *
continues to read as follows: service must be inspected for sustained (a) * * *

TABLE 1.—REQUALIFICATION OF CYLINDERS 1


Specification under which cylinder was made Minimum test pressure (psig.) 2 Requalification period (years)

* * * * * * *
DOT 3AL ................................................................................................. 5/3 times service pressure ............ 5 or 12 (see § 180.209(j) and
§ 180.209(m) 3 ).

* * * * * * *
1 Any cylinder not exceeding 2 inches outside diameter and less than 2 feet in length is excepted from volumetric expansion test.
2 For cylinders not marked with a service pressure, see § 173.301(e)(1) of this subchapter.
3 This provision does not apply to cylinders used for carbon dioxide, fire extinguisher or other industrial gas service.

* * * * * (SCUBA), self-contained breathing cracking that has expanded into the


(m) DOT–3AL cylinders manufactured apparatus (SCBA), or oxygen service neck threads must be condemned in
of 6351–T6 aluminum alloy. In addition must be requalified and inspected for accordance with § 180.205(i). This
to the periodic requalification and sustained load cracking in accordance provision does not apply to cylinders
marking described in § 180.205, each with the non-destructive examination used for carbon dioxide, fire
cylinder manufactured of aluminum method described in the following table. extinguisher or other industrial gas
alloy 6351–T6 used in self-contained Each cylinder with sustained load service.
underwater breathing apparatus

REQUALIFICATION AND INSPECTION OF DOT–3AL CYLINDERS MADE OF ALUMINUM ALLOY 6351–T6


Requalifica-
Sustained Load Cracking Condemnation
Requalification requirement Examination procedure 1 tion period
Criteria 2 (years)

Eddy current examination combined with Eddy current—In accordance with Appen- Any crack in the neck or shoulder of 2 5
visual inspection. dix C of this part. thread lengths or more.
Visual inspection—In accordance with
CGA Pamphlet C–6.1 (IBR; see
§ 171.7 of this subchapter).
1 The requalifier performing eddy current must be familiar with the eddy current equipment and must standardize (calibrate) the system in ac-
cordance with the requirements provided in Appendix C to this part.
2 The eddy current must be applied from the inside of the cylinder’s neck to detect any sustained load cracking that has expanded into the
neck threads.

■ 7. In § 180.213, paragraph (d) is appear in the upper left corner of the accordance with paragraph (b) of this
revised and a new paragraph (f)(9) is square pattern; the second in the upper section. An example of the markings
added to read as follows: right; the third in the lower right; and prescribed in this paragraph (d) is as
the fourth in the lower left. Example: A follows:
§ 180.213 Requalification markings. cylinder requalified in September 2006, A1
* * * * * and approved by a person who has been 9 06 X
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(d) Requalification markings. Each issued RIN ‘‘A123’’, would be marked 32


cylinder successfully passing plainly and permanently into the metal
requalification must be marked with the of the cylinder in accordance with Where:
RIN set in a square pattern, between the location requirements of the cylinder
month and year of the requalification specification or on a metal plate ‘‘9’’ is the month of requalification
date. The first character of the RIN must permanently secured to the cylinder in ‘‘A123’’ is the RIN

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Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 51129

‘‘06’’ is the year of requalification, and (i) Specification of each standard reference (NPRM) published May 19, 2005,
‘‘X’’ represents the symbols described in ring used to perform the eddy current NHTSA proposed the needed
examination. installation procedures and proposed an
paragraphs (f)(2) through (f)(9) of this
(ii) DOT specification or exemption
section. effective date for the final rule following
number of the cylinder; manufacturer’s name
* * * * * or symbol; owner’s name or symbol, if the NPRM. The agency anticipated in
(f) * * * present; serial number; and, date of the NPRM that a final rule would be
(9) For designation of the eddy manufacture. issued by September 1, 2006, that
current examination combined with a (iii) Name of test operator performing the provided sufficient leadtime for vehicles
visual inspection, the marking is as eddy current examination. to meet the suppression requirements
illustrated in paragraph (d) of this (iv) Date of eddy current examination. with LATCH-equipped child restraints.
(vi) Acceptance/condemnation results (e.g.
section, except the ‘‘X’’ is replaced with pass or fail).
Because we have not completed our
the letters ‘‘VE.’’ (vii) Retester identification number. response to the comments to the NPRM,
■ 8. In part 180, Appendix C is added 8. Personnel Qualification Requirements. this final rule delays, for one year, the
to read as follows: Each person who performs eddy current and compliance date of the requirement for
visual examinations, and evaluates and vehicles to meet the air bag suppression
Appendix C to Part 180—Eddy Current certifies retest results must be certified by the requirement with LATCH-equipped
Examination With Visual Inspection for employer that he/she has been properly child restraints. This delay allows us
DOT 3AL Cylinders Manufactured of trained and tested in the eddy current and additional time to publish our final
Aluminum Alloy 6351–T6 visual examination procedures.
action on the rulemaking.
9. Training Records. A record of current
1. Examination Procedure. Each facility training must be maintained for each DATES: The amendments made by this
performing eddy current examination with employee who performs eddy current and
visual inspection must develop, update, and final rule are effective September 1,
visual examinations in accordance with 2006. The compliance date for the
maintain a written examination procedure § 172.704(d).
applicable to the test equipment it uses to requirement for vehicles to meet the air
perform eddy current examinations. Issued in Washington, DC, on August 22, bag suppression requirements with
2. Visual examinations. Visual 2006, under authority delegated in 49 CFR LATCH-equipped child restraints is
examinations of the neck and shoulder area part 1. delayed until September 1, 2007.
of the cylinder must be conducted in Thomas J. Barrett,
accordance with CGA pamphlet C–6.1 (IBR;
Petitions for reconsideration: Petitions
Administrator. for reconsideration of this final rule
see § 171.7 of this subchapter).
[FR Doc. E6–14255 Filed 8–28–06; 8:45 am] must be received not later than October
3. Eddy Current Equipment. A reference
ring and probe for each DOT–3AL cylinder BILLING CODE 4910–60–P 13, 2006.
manufactured of aluminum alloy 6351–T6 to ADDRESSES: Petitions for reconsideration
be inspected must be available at the
examination facility. Eddy current equipment DEPARTMENT OF TRANSPORTATION of this final rule must refer to the docket
must be capable of accurately detecting the and notice number set forth above and
notches on the standard reference ring. National Highway Traffic Safety be submitted to the Administrator,
4. Eddy Current Reference Ring. The Administration National Highway Traffic Safety
reference ring must be produced to represent Administration, 400 Seventh Street,
each cylinder to be tested. The reference ring 49 CFR Part 571 SW., Washington, DC 20590, with a
must include artificial notches to simulate a copy to Docket Management, Room PL–
neck crack. The size of the artificial notch [Docket No. NHTSA–2005–21244]
401, 400 Seventh Street, SW.,
(depth and length) must have a depth less
than or equal to 1⁄3 of the wall thickness of RIN 2127–AJ59 Washington, DC 20590. Note that all
the neck and a length greater than or equal comments received will be posted
to two threads. The standard reference must Federal Motor Vehicle Safety without change to http://dms.dot.gov,
have a drawing that includes the diameter of Standards; Occupant Crash Protection including any personal information
the ring, and depth and length of each notch. AGENCY: National Highway Traffic provided. Please see the Privacy Act
5. Condemnation Criteria. A cylinder must heading under Rulemaking Analyses
be condemned if the eddy current
Safety Administration (NHTSA),
Department of Transportation (DOT). and Notices.
examination combined with visual
examination reveals any crack in the neck or ACTION: Final rule; delay of compliance Docket: For access to the docket to
shoulder of 2 thread lengths or more. date. read background documents, go to
6. Examination equipment records. http://dms.dot.gov, or to Room PL–401
Records of eddy current inspection SUMMARY: Under the current version of on the plaza level of the Nassif Building,
equipment shall contain the following Federal Motor Vehicle Safety Standard 400 Seventh Street, SW., Washington,
information: (FMVSS) No. 208, vehicles that are DC, between 9 a.m. and 5 p.m., Monday
(i) Equipment manufacturer, model manufactured on or after September 1, through Friday, except Federal
number and serial number. 2006, are certified to the suppression Holidays.
(ii) Probe description and unique
identification (e.g., serial number, part
requirements and have a child restraint
anchorage system, commonly referred to FOR FURTHER INFORMATION CONTACT:
number, etc.). Carla Cuentas, Office of
7. Eddy current examination reporting and as a Lower Anchors and Tethers for
Children or ‘‘LATCH’’ system, in the Crashworthiness Standards, Light Duty
record retention requirements. Daily records
of eddy current examinations must be right front passenger seating position Vehicle Division (telephone 202–366–
maintained by the person who performs the must suppress the air bag for that 1740, fax 202–493–2739); or Deirdre
requalification until either the expiration of position when a child restraint is Fujita, Office of Chief Counsel
(telephone 202–366–2992, fax 202–366–
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the requalification period or until the installed at that position with the
cylinder is again requalified, whichever 3820). Both of these officials can be
occurs first. These records shall be made
LATCH system. However, the standard
does not yet specify detailed procedures reached at the National Highway Traffic
available for inspection by a representative of Safety Administration, 400 Seventh St.,
the Department on request. Eddy current for installing that type of child restraint
in order to conduct the suppression test. SW., Washington, DC 20590.
examination records shall contain the
following information: In a notice of proposed rulemaking SUPPLEMENTARY INFORMATION:

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