Hazardous Materials: Aluminum Cylinders Manufactured of Aluminum Alloy 6351-T6 Used in SCUBA, SCBA, and Oxygen Services-Revised Requalification and Use Criteria, 51122-51129 [E6-14255]
Download as PDF
<![CDATA[
51122
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 173 and 180
[Docket No. PHMSA–03–14405 (HM–220F)]
RIN 2137–AD78
Hazardous Materials: Aluminum
Cylinders Manufactured of Aluminum
Alloy 6351–T6 Used in SCUBA, SCBA,
and Oxygen Services—Revised
Requalification and Use Criteria
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule revises the
Hazardous Materials Regulations to
address a known safety problem with
cylinders manufactured of aluminum
alloy 6351–T6. The revisions include an
inspection and testing program for early
detection of sustained load cracking on
cylinders manufactured of aluminum
alloy 6351–T6 and used in selfcontained underwater breathing
apparatus (SCUBA), self-contained
breathing apparatus (SCBA), and oxygen
services.
DATES: Effective date: January 1, 2007.
FOR FURTHER INFORMATION CONTACT:
Mark Toughiry, Office of Hazardous
Materials Technology, (202) 366–4545,
or Kurt C. Eichenlaub, Office of
Hazardous Materials Standards, (202)
366–8553; PHMSA, U.S. Department of
Transportation, 400 Seventh Street,
SW., Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION:
cprice-sewell on PROD1PC66 with RULES
Contents
I. Background
II. Analysis of Comments to SNPRM
III. Section-by-Section Review
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
B. Executive Order 12866 and DOT
Regulatory Polices and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
F. Paperwork Reduction Act
G. Regulation Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. Privacy Act
I. Background
Cylinders made of aluminum alloy
6351–T6 are known to be susceptible to
sustained load cracking (SLC) in the
neck and shoulder area of the cylinder.
While the exact cause and mechanism
VerDate Aug<31>2005
14:37 Aug 28, 2006
Jkt 208001
of SLC are not yet fully understood, it
appears the cracks primarily originate
from the bottom of the neck of the
cylinder, at or below the lowest thread
position in the interior of the cylinder.
The cracking was first brought to
PHMSA’s attention by persons retesting
cylinders under the periodic retest
procedures of § 180.209 of the
Hazardous Materials Regulations (HMR;
49 CFR parts 171–180). The majority of
SLC-related ruptures have occurred in
self-contained underwater breathing
apparatus (SCUBA), self-contained
breathing apparatus (SCBA), and oxygen
services. Since 1994, the Pipeline and
Hazardous Materials Safety
Administration (PHMSA, we) has been
notified of thirteen suspected SLC
ruptures of cylinders manufactured of
aluminum alloy 6351–T6. Five of the
thirteen ruptures resulted in serious
injuries. Data from manufacturers show
there are thousands of cylinders with
small, non-leaking cracks, which are
regularly detected during a diligent,
detailed requalification process.
Manufacturers of cylinders made from
the 6351–T6 aluminum alloy have
conducted research, testing, and
analysis to determine whether there is
any correlation between SLC and the
probability of a cylinder rupture. The
data indicate the cylinders may leak but
not rupture when operated at marked
service pressure. The data also indicate
the probability of cracking increases
with an increase in stress levels.
We performed additional
metallurgical analysis on several
ruptured cylinders to verify the cause of
failure and failure mode. (See the
metallurgical analysis reports at https://
hazmat.dot.gov/pubs/reports/cylinder/
3al_cyls_info.htm). Those metallurgical
analyses revealed SLC caused the
cylinder ruptures, but the results were
inconclusive as to why the cylinders
abruptly ruptured instead of developing
leaks. North American manufacturers
discontinued using aluminum alloy
6351–T6 prior to 1990, replacing it with
aluminum alloy 6061–T6, which is not
susceptible to SLC. Cylinders
manufactured of aluminum alloy 6351–
T6 prior to 1990 include seamless
aluminum cylinders marked ‘‘DOT
3AL;’’ and those marked with one of the
following exemption or special permit
numbers: 6498, 7042, 8107, 8364, and
8422. We estimate approximately 3.7
million U.S. cylinders manufactured
from aluminum alloy 6351–T6 are
currently in use in SCUBA, SCBA, and
oxygen services.
On August 8, 2002, we published a
final rule (67 FR 51626) amending the
requirements of the HMR applicable to
the maintenance, requalification, repair,
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
and use of DOT specification cylinders.
On May 8, 2003, we issued a subsequent
final rule (68 FR 24653) making further
revisions in response to appeals. In
these final rules, we added the
following amendments pertaining to
DOT specification cylinders made with
aluminum alloy 6351–T6:
• Removed the authorization for the
manufacture of DOT specification
cylinders made with aluminum alloy
6351–T6 because cylinders
manufactured with this aluminum alloy
have a greater risk of failure than other
aluminum cylinders.
• Prohibited the use of cylinders
made with aluminum alloy 6351–T6 for
the transportation of materials
poisonous by inhalation in Hazard Zone
A effective on October 1, 2002. After
that date, cylinders made of aluminum
alloy 6351–T6 may not be filled and
offered for transportation in toxic
inhalation hazard service.
• Prohibited the use of cylinders
manufactured of aluminum alloy 6351–
T6 for gases having pyrophoric
properties.
• Required a visual inspection of
DOT specification or exemption
cylinders made of aluminum alloy
6351–T6 for evidence of SLC in the neck
and shoulder area.
On September 10, 2003, the Research
and Special Programs Administration,
the predecessor agency to PHMSA,
published an NPRM (68 FR 53314)
proposing to amend HMR requirements
applicable to aluminum cylinders
manufactured using aluminum alloy
6351–T6. In the NPRM, for cylinders
manufactured of aluminum alloy 6351–
T6 used in SCUBA, SCBA, and oxygen
service, we proposed the following
amendments:
• A combined visual and eddy
current examination at the time of
requalification.
• A new Appendix C to Part 180, to
specify the procedure to conduct the
eddy current examination.
• Suitable safeguards to protect
personnel and facilities should a
cylinder fail during the filling process.
Although we believe the thirteen
reported SLC ruptures under represent
the extent of the SLC issue, we did not
have sufficient data to determine
whether the SLC-related ruptures
extend beyond those services discussed
above. Therefore, in the NPRM we
requested additional information from
manufacturers and users who were
aware of a cylinder rupture, whether
domestic or foreign, involving a DOT
3AL cylinder or any other cylinder
manufactured from aluminum alloy
6351–T6. More broadly, we invited
commenters to address the issue of
E:\FR\FM\29AUR1.SGM
29AUR1
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations
cprice-sewell on PROD1PC66 with RULES
whether the new inspection
requirements proposed in the NPRM
should apply to cylinders manufactured
of aluminum alloy 6351–T6 and used in
services other than SCUBA, SCBA, or
oxygen.
On October 26, 2005, based on
comments received in response to the
NPRM, we published an SNPRM (70 FR
61762) to revise the amendments
originally proposed in the NPRM,
expand the scope of the rulemaking, and
propose additional requirements for
DOT 3AL cylinders manufactured of
aluminum alloy 6351–T6. In the
SNPRM, we proposed to:
• Require a combined visual and
eddy current examination at the time of
requalification of DOT 3AL cylinders
manufactured of aluminum alloy 6351–
T6 and used in carbon dioxide service,
in addition to those used in SCUBA,
SCBA, and oxygen services.
• Impose a 40-year service life for
cylinders manufactured of aluminum
alloy 6351–T6 and used in SCUBA,
SCBA, oxygen and carbon dioxide
services.
• Add additional training
requirements for persons performing the
eddy current examination combined
with a visual inspection.
• Modify procedures and
recordkeeping requirements for eddy
current examinations.
• Add a requirement to perform the
initial eddy current examination
combined with visual inspection for
DOT 3AL cylinders manufactured of
aluminum alloy 6351–T6 within three
years of publication of a final rule in the
Federal Register.
14405–28); and, Amy Morgan Bruecks
(Bruecks; RSPA–2003–14405–29). These
comments are available in their entirety
at the U.S. DOT Docket Management
System Web site: https://dms.dot.gov,
under Docket No. PHMSA–03–14405.
In this final rule, we summarize
comments submitted to the docket,
address concerns raised by commenters,
and discuss our decisions on specific
issues.
A. Carbon Dioxide Service
The SNPRM proposed enhanced
requalification requirements and a 40year service life for DOT 3AL cylinders
manufactured of aluminum alloy 6351–
T6 and used in SCUBA, SCBA, oxygen,
and carbon dioxide services. DOT 3AL
cylinders used for carbon dioxide
service were not included in the original
NPRM, but were added to the SNPRM
as a result of our own initiative and in
response to comments submitted to the
NPRM. Comments to the SNPRM are
divided on the proposed scope of the
rule. Several commenters [Bruecks;
Engineered Inspection; Western Sales]
recommend expanding the scope of the
final rule to include ‘‘all cylinders
manufactured of aluminum alloy 6351–
T6’’ while others [CGA; Barlen] are
opposed to expanding the scope beyond
cylinders used in SCUBA, SCBA, and
oxygen services.
Three commenters [Bruecks;
Engineered Inspection; Western Sales]
assert cylinders manufactured with
aluminum alloy 6351–T6 are dangerous
regardless of end use. One commenter
[Western Sales] states, ‘‘[T]o simplify,
and because I believe that this cylinder
is just as dangerous when being used in
II. Analysis of Comments
services not addressed, I believe that
We received 10 comments from
any reference to just the 4 specific
individuals and organizations,
services be dropped. While I appreciate
including cylinder manufacturers,
that there are no catastrophic failures
representatives of the SCUBA and
from other user groups, that have been
compressed gas industries, and eddy
reported, I believe including all
current test equipment manufacturers.
cylinders made of 6351–T6 is in the best
The following companies, organizations, interest of the cylinder industry and the
and individuals submitted comments:
general public.’’ Each of the three
George Perez (Perez; RSPA–2003–
commenters recommends amending
14405–17); Matheson Tri Gas
proposed requirements to include ‘‘all’’
(Matheson; RSPA–2003–14405–18); Air cylinders manufactured of aluminum
Liquide Canada, Inc. (Air Liquide;
alloy 6351–T6 in the scope of this rule.
We disagree. As previously stated, the
RSPA–2003–14405–19); Engineered
majority of cylinder ruptures due to SLC
Inspection Systems (Engineered
have occurred in SCUBA, SCBA, and
Inspection; RSPA–2003–14405–20);
oxygen services. We believe these
Western Sales & Testing of Deer Park,
Inc. (Western Sales; RSPA–2003–14405– ruptures are directly related to the
21, RSPA–2003–14405–22, RSPA–2003– increased frequencies with which these
cylinders are filled and their higher
14405–23, RSPA–2003–14405–24);
operating pressures. As discussed in the
Barlen and Associates, Inc. (Barlen;
NPRM (68 FR 53314), the probability of
RSPA–2003–14405–25); Luxfer Gas
SLC increases the more frequently the
Cylinders (Luxfer; RSPA–2003–14405–
cylinder is filled. Additionally,
26); Brian H. Schumann (Schumann;
cylinders used in SCUBA and SCBA
RSPA–2003–14405–27); Compressed
services may be used by a diver or
Gas Association (CGA; RSPA–2003–
VerDate Aug<31>2005
14:37 Aug 28, 2006
Jkt 208001
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
51123
firefighter, substantially increasing the
risk of injury or fatality in the event of
a cylinder rupture. To date, there have
been no reported ruptures involving
DOT 3AL cylinders manufactured of
aluminum alloy 6351–T6 and used in
carbon dioxide, fire extinguisher, or
other industrial gas service. Therefore,
we are not expanding the scope of the
rule to include all DOT 3AL cylinders
manufactured of aluminum alloy 6351–
T6.
Two commenters [CGA; Barlen] to the
SNPRM oppose expanding the scope of
the rule to include cylinders used in
carbon dioxide service. One commenter
[CGA] states, ‘‘SLC is most likely to
occur at high pressures. Because
cylinders used in [carbon dioxide]
service are operated at a lower pressure
than those used in SCBA and SCUBA
service, the rate of cracking for cylinders
in [carbon dioxide] service will be
substantially less than for those used in
SCBA and SCUBA service. Failure by
SLC is not expected to occur in
cylinders used in [carbon dioxide]
service.’’
A comment submitted by City
Carbonic Sales Service [City Carbonic;
RSPA–2003–14405–13] to the 2003
NPRM (68 FR 53314) asserts a
significant number of cylinders used in
carbon dioxide service were condemned
due to SLC during a three-year in-house
survey. However, a commenter [CGA] to
the SNPRM disagrees with that
assertion, suggesting it was
unsubstantiated. The commenter [CGA]
states the specific type of cracks
observed in the condemned cylinders
were not confirmed to be related to SLC,
but were most likely due to the overtorquing of these cylinder’s taper
threaded valves causing cracks to occur
in the neck of the cylinder. Two
commenters [CGA; Barlen] suggest we
are proposing to expand the scope of the
rule without providing appropriate
technical data to justify such an
amendment. These commenters also
assert SLC is not likely to develop in
DOT 3AL cylinders used in carbon
dioxide service and recommend we
remove the proposed amendment to
include these cylinders in the scope of
this rule.
We agree. Therefore, in this final rule,
we are removing the proposal
expanding the scope of the rulemaking
to include cylinders manufactured of
aluminum alloy 6351–T6 and used in
carbon dioxide service. We agree with
the commenter’s [CGA] statement that
cylinders used in carbon dioxide service
generally operate at lower pressures
and, thus, have a reduced likelihood of
developing SLC. Commenters are
correct there have been no reported
E:\FR\FM\29AUR1.SGM
29AUR1
51124
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations
B. 40-Year Service Life
Currently, cylinders manufactured of
aluminum alloy 6351–T6 may be used
indefinitely so long as they conform to
the requalification test and inspection
criteria established in the HMR. The
SNPRM proposed a 40-year service life
from the date of manufacture for DOT
3AL cylinders manufactured of
aluminum alloy 6351–T6 and used in
SCUBA, SCBA, oxygen, and carbon
dioxide services. Several commenters
[CGA; Air Liquide; Barlen] to the
SNPRM oppose the 40-year service life
proposed for DOT 3AL cylinders
manufactured of aluminum alloy 6351–
T6. These commenters suggest there is
no evidence these cylinders are more
likely to be susceptible to SLC as they
age and state the proposed amendment
lacks the appropriate test data, analysis,
or statistical data to support the
implication that older cylinders are
more likely to develop SLC. These
commenters further suggest
requalification is the most appropriate
method to identify and condemn DOT
specification cylinders regardless of
their age.
After consideration of these
comments, we agree our proposed 40year service life for cylinders
manufactured of aluminum alloy 6451–
T6 and used in SCUBA, SCBA, carbon
dioxide, and oxygen services is not
warranted at this time. We also agree
with the commenters’ [CGA; Air
Liquide; Barlen] statements that the
requalification process is an effective
method of condemning deteriorated or
damaged DOT specification cylinders.
Further, there is evidence these
cylinders are being voluntarily removed
from service as defects are identified
through inspections and testing.
Therefore, we are not adopting the 40year service life in this final rule. We
will continue to monitor cylinders
manufactured of aluminum alloy 6351–
T6 for evidence of SLC. If the situation
warrants, we may revisit this issue in a
future rulemaking.
and visual examination at least once
every five years. In the SNPRM, we
proposed to require an initial eddy
current examination to be performed
within three years of the effective date
of this final rule, and every 5 years
thereafter. Commenters generally
support the proposed eddy current
examination for cylinders used in
SCUBA, SCBA, oxygen and carbon
dioxide services. However, several
commenters [CGA; Barlen; Matheson;
Engineered Inspection; Western Sales;
Bruecks] assert the requirement to
perform the initial eddy current
examination within three years of the
effective date of this final rule is
unnecessary and may be difficult to
comply with. These commenters point
out requiring the eddy current
examination within three years of the
effective date may result in a large
number of cylinders pulled from service
for requalification twice within a five
year period; once for the eddy current
examination and once for the scheduled
periodic requalification. Several
commenters [Engineered Inspection;
Western Sales; Bruecks] also assert the
eddy current marking could cause
confusion because it is required to be
marked in association with the test date
of the last volumetric expansion test,
which could be different from the date
of the eddy current examination.
Additionally, one commenter
[Matheson] is concerned the few
companies currently equipped to
conduct eddy current examinations may
become overloaded with additional test
work, resulting in backlogs and test
delays. To alleviate confusion and
reduce the overall burden, these
commenters suggest revising the
amendment to require eddy current
examinations at the time of a cylinder’s
next scheduled periodic requalification,
which is required every five years.
We agree. In this final rule, we are
removing the proposal to perform an
eddy current examination within three
years of the effective date of this rule,
and we are requiring an eddy current
examination to be conducted at the
cylinder’s next required periodic
requalification after January 1, 2007, the
effective date of this final rule. As a
result, the date stamp on each cylinder
will accurately reflect the date of the
last periodic requalification, including
the eddy current and visual
examination.
C. Requalification Schedule for Eddy
Current Examinations
Currently, the HMR specify periodic
requalification requirements for DOT
3AL cylinders. Periodic requalification
includes a volumetric expansion test
D. Appendix C to Part 180
In the SNPRM, we proposed to add a
new Appendix C to part 180 to specify
procedures, training, and recordkeeping
requirements for performing the eddy
current examination and visual
cprice-sewell on PROD1PC66 with RULES
cylinder ruptures involving DOT 3AL
cylinders manufactured of aluminum
alloy 6351–T6 and used in carbon
dioxide, fire extinguisher, or other
industrial gas services. However, we
will continue to monitor these cylinders
for evidence of SLC and, if the situation
warrants, we may revisit this issue in a
future rulemaking.
VerDate Aug<31>2005
14:37 Aug 28, 2006
Jkt 208001
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
inspection of cylinders manufactured of
aluminum alloy 6351–T6 and used in
SCBA, SCUBA, oxygen and carbon
dioxide services. Two commenters
[CGA; Engineered Inspection] oppose
the requirement to include the location
and type of defect on the test report.
These commenters assert this
information is not necessary and
increases the time required to document
each examination. One commenter
[Engineered Inspection] states, ‘‘details
of this nature take much more time to
note, and this will increase the amount
of time required to perform a test. The
end result will be an increased cost to
the customer.’’ Both commenters
recommend removing this requirement
since the pass/fail entry on the report is
sufficient to indicate whether a defect
was detected during the examination.
We agree. Since the eddy current with
visual examination is conducted to
locate SLC in the neck and shoulder of
a cylinder, a pass/fail indication on the
test report is sufficient for indicating
whether a defect was found during the
examination. Therefore, we are
removing the proposal to notate the
location and type of defect found on the
test report.
One commenter [Western Sales]
opposes the use of the term ‘‘rejected’’
in Appendix C to part 180 to describe
cylinders failing the eddy current with
visual examination. The commenter
asserts the term ‘‘rejected’’ implies the
cylinder can be repaired and returned to
service. The commenter recommends
removing the term ‘‘rejection’’ and
replacing it with ‘‘condemned’’ to
ensure the cylinder is not returned to
service.
We agree. The terms ‘‘rejection
criteria,’’ and ‘‘rejected’’ in Appendix C
to part 180 were intended to indicate
cylinders failing the eddy current
combined with visual examination must
be permanently removed from service.
We did not intend to allow those
cylinders to be reconditioned or reused
under any circumstances. The
commenter is correct the term is
inconsistent with § 180.205(i), which
uses the terms ‘‘cylinder
condemnation,’’ and ‘‘condemned’’ to
describe cylinders to be permanently
removed from service. In this final rule,
we are revising the terminology used in
Appendix C to part 180 to be consistent
with established requalification
requirements.
A commenter [Western Sales] also
points out the owners name and symbol
may not be present (i.e. stamped on the
cylinder). For this reason, the
commenter recommends revising the
language requiring a notation of the
E:\FR\FM\29AUR1.SGM
29AUR1
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations
cprice-sewell on PROD1PC66 with RULES
cylinder owner’s name or symbol to
include the words ‘‘if present.’’
We agree. It is not necessary to record
the owner’s name or symbol if it is not
present or available at the time of
requalification. Therefore, in this final
rule, we are revising the language to
require requalification records to
include the cylinder owner’s name or
symbol, if present. This revision is
consistent with established cylinder
requalification recordkeeping
requirements.
One commenter [Western Sales] states
the serial number must be included in
the test report to readily identify the
examined cylinder. We agree. We
inadvertently omitted the cylinder serial
number as a required notation on the
test report. We are adding the serial
number as information required to be
included on the test report to identify
cylinders that have been examined and
tested.
In addition, we are revising the
training requirements for persons who
perform eddy current examinations to
require an employer to certify they have
been trained and tested in accordance
with their company’s specific eddy
current and visual examination
procedures. We are removing references
to specific training criteria. It is the
employer’s responsibility to ensure each
employee is properly trained in the
functions he or she performs. The
training requirements are consistent
with those specified in § 172.704.
Therefore, it is not necessary to list
specific training criteria for persons who
perform eddy current examinations.
Further, we are removing language
from Appendix C to part 180, which
required the visual examination to be
conducted before and after the eddy
current examination. After further
review, we believe it is only necessary
to conduct one visual inspection either
before or after the eddy current
examination. Cylinder requalifiers
performing the visual examination prior
to the eddy current examination may
conduct a second visual examination
afterwards to confirm the results of the
eddy current examination, however, a
second visual examination is not
required.
place during the filling process unless
we intend to provide specific
instructions on ‘‘how to fill’’ an
aluminum alloy cylinder. Another
commenter [Western Sales] suggests
liability issues could arise from the
proposed requirement for only one
person to be around a cylinder during
the filling operation.
We disagree. The operational controls
proposed in the SNPRM are
recommendations intended to
emphasize persons filling DOT 3AL
cylinders manufactured of aluminum
alloy 6351–T6 should take additional
safety precautions because of the risk of
rupture during the filling process. The
majority of cylinder ruptures due to SLC
have occurred during the filling process.
We do not believe the operational
controls create potential liability issues
because they are recommendations
rather than mandatory requirements.
E. Operational Controls
In the SNPRM, we proposed to add to
the HMR operational controls as
recommended safety practices for filling
DOT 3AL cylinders manufactured of
aluminum alloy 6351–T6. Two
commenters [Barlen; Western Sales]
oppose the proposed operational
controls in the SNPRM. One commenter
[Barlen] suggests it is inappropriate to
require operational controls to be in
Part 180
VerDate Aug<31>2005
14:37 Aug 28, 2006
Jkt 208001
III. Section-by-Section Review
Part 173
Section 173.301
This section establishes general
requirements for the shipment of
compressed gases in cylinders.
Paragraph (d) of this section addresses
the transportation of gases capable of
combining chemically and prohibits the
use of DOT 3AL cylinders for the
transportation of pyrophoric gases. In
this final rule, we are revising paragraph
(d) to remove reference to DOT 3AL
cylinders manufactured of aluminum
alloy 6351–T6. The prohibition is
relocated to a new paragraph (o) titled
‘‘DOT 3AL cylinders made of aluminum
alloy 6351–T6.’’
Section 173.302
This section addresses requirements
for filling cylinders with non-liquefied
compressed gases. In this final rule, we
are adding a new paragraph (e) to
recommend operational controls during
the filling process for cylinders
manufactured of aluminum alloy 6351–
T6 and used in SCUBA, SCBA, and
oxygen services. The operational
controls will reduce the risk of personal
injury and property damage during the
filling process.
Section 180.205
This section establishes general
requirements for the requalification of
cylinders used to transport hazardous
materials. Paragraph (f) sets forth
requirements for periodic visual
inspections of cylinders. Paragraph (f)(4)
specifically requires cylinders
manufactured of aluminum alloy 6351–
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
51125
T6 to be inspected for evidence of SLC
in the neck and shoulder areas. In this
final rule, we are revising paragraph
(f)(4) to reference part 180, Appendix C
for requalification requirements for DOT
3AL cylinders manufactured of
aluminum alloy 6351–T6 and used in
SCUBA, SCBA, and oxygen services.
Section 180.209
This section establishes requirements
for the requalification of DOT
specification cylinders. Paragraph (a) of
this section includes a table with the
requalification criteria for DOT
specification cylinders. In this final
rule, we are amending the entry for the
DOT 3AL cylinder in the
‘‘Requalification of Cylinders’’ table to
add a reference to new paragraph (m).
New paragraph (m) requires cylinders
manufactured of aluminum alloy 6351–
T6 and used in SCUBA, SCBA, and
oxygen services to undergo an eddy
current and visual examination for early
detection of SLC in the neck and
shoulder area of the cylinder. We are
adding a footnote (3) to specify the eddy
current and visual examinations do not
apply to cylinders used for carbon
dioxide, fire extinguisher or other
industrial gas services.
Section 180.213
This section establishes marking
requirements for cylinders passing
periodic requalification testing. We are
revising paragraph (d), which sets forth
the specific markings required, and
adding a new paragraph (f)(9) to specify
the requalification marking
requirements for aluminum cylinders
successfully passing the combined eddy
current examination and visual
inspection.
Appendix C to Part 180
In this final rule, we are adding a new
Appendix C to part 180 to specify
procedures, training, and recordkeeping
requirements for performing the eddy
current examination and visual
inspection of cylinders manufactured of
aluminum alloy 6351–T6 and used in
SCUBA, SCBA, and oxygen services.
The new appendix includes:
(1) Eddy current and visual
examination and inspection procedures
to identify SLC;
(2) Eddy current equipment
specifications and record retention
requirements;
(3) Cylinder condemnation criteria;
(4) Record retention requirements for
examinations and inspections; and,
(5) Training requirements for
personnel who perform eddy current
and visual examinations and
inspections.
E:\FR\FM\29AUR1.SGM
29AUR1
51126
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations
IV. Regulatory Analyses and Notices
cprice-sewell on PROD1PC66 with RULES
A. Statutory/Legal Authority for This
Rulemaking
This final rule is published under
authority of Federal hazardous materials
transportation law (Federal hazmat law;
49 U.S.C. 5101 et seq.). Section 5103(b)
of Federal hazmat law authorizes the
Secretary of Transportation to prescribe
regulations for the safe transportation,
including security, of hazardous
material in intrastate, interstate, and
foreign commerce. To this end, as
discussed in detail earlier in this
preamble, the final rule proposes to
revise current HMR requirements
applicable to aluminum cylinders
manufactured using aluminum alloy
6351–T6 and used in SCUBA, SCBA,
and oxygen services. The purpose of the
final rule is to adopt a standard for early
detection of SLC to reduce the risk of a
cylinder rupture and to establish a
service life for cylinders manufactured
of aluminum alloy 6351–T6 and used in
SCUBA, SCBA, and oxygen services.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This final rule is not considered a
significant regulatory action under
section 3(f) of Executive Order 12866
and, therefore, was not reviewed by the
Office of Management and Budget. The
final rule is not considered a significant
rule under the Regulatory Policies and
Procedures of the Department of
Transportation [44 FR 11034].
The compliance costs associated with
this rule are minimal. The regulatory
analysis indicates the increased cost for
performing an additional nondestructive examination (NDE) and
implementing operational controls is
small compared to the cost and safety
risks of doing nothing; it is significantly
less than the cost of immediately
removing all cylinders from service. We
estimate the cost of the hydrostatic test
and internal visual inspection required
under the current regulation to be $5 per
cylinder for each 5-year periodic
requalification. We estimate the cost to
conduct the additional visual inspection
and eddy current testing required under
this final rule combined with the
current hydrostatic and visual
inspection to be $7.25 per cylinder for
each periodic requalification. Therefore,
we estimate the additional annual cost
associated with this final rule to be
$0.45 per cylinder ($2.25 additional
requalification costs/5-year
requalification period). A number of
cylinder owners and retesters are
voluntarily utilizing NDE as part of the
5-year requalification testing process for
these cylinders. We estimate about 1
VerDate Aug<31>2005
14:37 Aug 28, 2006
Jkt 208001
million of the total population of 3.7
million cylinders are already subject to
enhanced inspection and testing
requirements because of voluntary
actions by cylinder owners and
retesters. Further, annual costs to
industry will diminish with time as
cylinders are condemned or voluntarily
removed from service. Over the next
five years, we expect the population of
cylinders manufactured of aluminum
alloy 6351–T6 to decrease by 500,000,
decreasing the number of cylinders not
currently subject to voluntary NDE to
2.2 million.
Based on the foregoing analysis, we
estimate initial annual costs to comply
with the test and inspection
requirements of this final rule to be
$1.215 million (2.7 million cylinders
not currently subject to NDE × $.45 NDE
test costs = $1.215 million). Over a 5year period, compliance costs will
decrease to $990,000 (2.2 million
cylinders × $.45 NDE test costs). Thus,
the total five year compliance cost to
industry will be $4.22 million.
The benefits of implementing the
provisions of this final rule include
avoided fatalities, injuries, and damages
resulting from cylinder ruptures caused
by SLC. The annual benefits associated
with this final rule total $1,183,125, or
$5.9 million over 5 years.
The cost-benefit analysis is based on
information obtained from cylinder
manufacturers, industrial gas
companies, cylinder inspectors, and
metallurgical evaluation of the ruptured
cylinders. A regulatory analysis is
available for review in the docket.
C. Executive Order 13132
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This final rule
preempts State, local and Indian tribe
requirements, but does not adopt any
regulation with direct effects on the
States, the relationship between the
national government and the States, or
the distribution of power and
responsibilities among the various
levels of government. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
The Federal hazardous materials
transportation law, 49 U.S.C. 5101 et
seq., contains an express preemption
provision (49 U.S.C. 5125(b))
preempting State, local, and Indian tribe
requirements on certain covered
subjects. Covered subjects are:
(1) The designation, description, and
classification of hazardous material;
(2) The packing, repacking, handling,
labeling, marking, and placarding of
hazardous material;
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
(3) The preparation, execution, and
use of shipping documents related to
hazardous material and requirements
related to the number, contents, and
placement of those documents;
(4) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous material; and
(5) The design, manufacturing,
fabricating, marking, maintenance,
reconditioning, repairing, or testing of a
packaging or container represented,
marked, certified, or sold as qualified
for use in transporting hazardous
material.
This final rule covers items 2 and 5
and would preempt any State, local, or
Indian tribe requirements not meeting
the ‘‘substantively the same’’ standard.
Pursuant to § 5125(b)(2) of the Federal
hazmat law, if the Secretary of
Transportation issues a regulation
concerning any of the covered subjects,
the Secretary must determine and
publish in the Federal Register the
effective date of Federal preemption.
The effective date may not be earlier
than the 90th day following the date of
issuance of the final rule and not later
than two years after the date of issuance.
PHMSA has determined the effective
date of Federal preemption for these
requirements will be one year from the
date of publication of a final rule in the
Federal Register.
D. Executive Order 13175
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not have
tribal implications, does not impose
substantial direct compliance costs, and
is not required by statute, the funding
and consultation requirements of
Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Regulatory
Policies and Procedures
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
review regulations to assess their impact
on small entities unless the agency
determines a rule is not expected to
have a significant economic impact on
a substantial number of small entities.
This rule imposes only minimal new
costs of compliance on the regulated
industry. Based on the assessment in the
regulatory evaluation, I hereby certify
that while this rule applies to a
substantial number of small entities,
there will not be a significant economic
impact on those small entities. A
E:\FR\FM\29AUR1.SGM
29AUR1
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations
detailed Regulatory Flexibility analysis
is available for review in the docket.
This final rule has been developed in
accordance with Executive Order 13272
(‘‘Proper Consideration of Small Entities
in Agency Rulemaking’’) and DOT’s
policies and procedures to promote
compliance with the Regulatory
Flexibility Act to ensure potential
impacts of draft rules on small entities
are properly considered.
cprice-sewell on PROD1PC66 with RULES
F. Paperwork Reduction Act
PHMSA currently has an approved
information collection under OMB
Control No. 2137–0022, Testing,
Inspection, and Marking Requirements
for Cylinders with 168,431 burden
hours, and an expiration date of August
31, 2008. This final rule results in an
increase in annual burden and costs
based on a new information collection
requirement. The amendments
regarding the shipment of aluminum
cylinders which resulted in a new
information collection requirement were
submitted to the Office of Management
and Budget (OMB) for review and
approval at the NPRM stage. At the
request of OMB, we are re-submitting
this new information collection burden
request for final OMB approval at the
final rule stage. Upon approval of this
information collection by OMB, we will
publish a separate notice in the Federal
Register.
PHMSA has developed burden
estimates to reflect changes in this final
rule. PHMSA estimates the total
information collection and
recordkeeping burden would be as
follows:
OMB No. 2137–0022:
Total Annual Number of Responders:
103,779.
Total Annual Responses: 168,879.
Total Annual Burden Hours: 271,461.
Total Annual Burden Cost:
$2,614,396.
Total One-Time Start-Up Cost:
$964,000.
Under the Paperwork Reduction Act
of 1995, no person is required to
respond to an information collection
unless it has been approved by OMB
and displays a valid OMB control
number. Section 1320.8(d), Title 5, Code
of Federal Regulations requires that
PHMSA provide interested members of
the public and affected agencies an
opportunity to comment on information
collection and recordkeeping requests.
PHMSA specifically requested
comments on the information collection
and recordkeeping burdens associated
with developing, implementing, and
maintaining these requirements for
approval under this final rule.
VerDate Aug<31>2005
14:37 Aug 28, 2006
Jkt 208001
Direct your requests for a copy of the
information collection to Deborah
Boothe or T. Glenn Foster, Office of
Hazardous Materials Standards (PHH–
10), Pipeline and Hazardous Materials
Safety Administration (PHMSA), Room
8102, 400 Seventh Street, SW.,
Washington, DC 20590–0001,
Telephone (202) 366–8553. In addition,
you may submit comments specifically
related to the information collection
burden to the PHMSA Desk Officer,
OMB, at fax number 202–395–6974.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN number contained in the
heading of this document can be used
to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of
$120.7 million or more to either State,
local or tribal governments, in the
aggregate, or to the private sector, and
is the least burdensome alternative that
achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy
Act of 1969 (NEPA), as amended (42
U.S.C. 4321–4347), requires Federal
agencies to consider the consequences
of major federal actions and prepare a
detailed statement on actions
significantly affecting the quality of the
human environment. There are no
significant environmental impacts
associated with this final rule. PHMSA
is amending requirements in the HMR
pertaining to DOT 3AL aluminum
cylinders. The purpose of this
rulemaking initiative is to minimize
personal injury during the filling
process and to adopt a standard for early
detection of sustained load cracking of
cylinders manufactured of aluminum
alloy 6351–T6 in order to reduce the
risk of a cylinder rupture. Adopting a
standard for early detection of sustained
load cracking in order to reduce the risk
of a cylinder rupture has no potential
for environmental damage or
contamination.
J. Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
51127
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
List of Subjects
49 CFR Part 173
Hazardous materials transportation,
Incorporation by reference, Packaging
and containers, Radioactive materials,
Reporting and recordkeeping
requirements, Uranium.
49 CFR Part 180
Hazardous materials transportation,
Incorporation by reference, Motor
vehicle safety, Packaging and
containers, Reporting and recordkeeping
requirements.
I In consideration of the foregoing, we
are amending 49 CFR Chapter I,
Subchapter C as follows:
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENT AND
PACKAGES
1. The authority citation for part 173
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
2. In § 173.301, paragraph (d) is
revised and a new paragraph (o) is
added to read as follows:
I
§ 173.301 General requirements for
shipment of compressed gases and other
hazardous materials in cylinders, UN
pressure receptacles and spherical
pressure vessels.
*
*
*
*
*
(d) Gases capable of combining
chemically. A filled cylinder may not
contain any gas or material capable of
combining chemically with the
cylinder’s contents or with the
cylinder’s material of construction, so as
to endanger the cylinder’s serviceability.
*
*
*
*
*
(o) DOT 3AL cylinders made of
aluminum alloy 6351–T6. A DOT 3AL
cylinder manufactured of aluminum
alloy 6351–T6 may not be filled and
offered for transportation or transported
with pyrophoric gases.
I 3. In § 173.302, a new paragraph (e) is
added to read as follows:
§ 173.302 Filling of cylinders with
nonliquefied (permanent) compressed
gases.
*
*
*
*
*
(e) DOT 3AL cylinders manufactured
of 6351–T6 aluminum alloy. Suitable
safeguards should be provided to
E:\FR\FM\29AUR1.SGM
29AUR1
51128
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
protect personnel and facilities should
failure occur while filling cylinders
manufactured of aluminum alloy 6351–
T6 used in self-contained underwater
breathing apparatus (SCUBA), selfcontained breathing apparatus (SCBA)
or oxygen service. The cylinder filler
should allow only those individuals
essential to the filling process to be in
the vicinity of the cylinder during the
filling process.
load cracking in accordance with
Appendix C of this part at the first
scheduled 5-year requalification period
after January 1, 2007, and every five
years thereafter.
*
*
*
*
*
5. In § 180.205, paragraph (f)(4) is
revised to read as follows:
I
§ 180.205 General requirements for
requalification of specification cylinders.
*
*
*
*
*
(f) * * *
(4) In addition to other requirements
prescribed in this paragraph (f), each
specification cylinder manufactured of
aluminum alloy 6351–T6 and used in
self-contained underwater breathing
apparatus (SCUBA), self-contained
breathing apparatus (SCBA), or oxygen
service must be inspected for sustained
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
4. The authority citation for part 180
continues to read as follows:
I
6. In § 180.209, in paragraph (a), in the
‘‘Requalification of Cylinders table’’ the
entry ‘‘DOT 3AL’’ is revised, and a new
paragraph (m) is added to read as
follows:
I
§ 180.209 Requirements for requalification
of specification cylinders.
*
*
*
(a) * * *
*
*
TABLE 1.—REQUALIFICATION OF CYLINDERS 1
Minimum test pressure (psig.) 2
Specification under which cylinder was made
Requalification period (years)
*
*
*
*
*
DOT 3AL ................................................................................................. 5/3 times service pressure ............
*
1 Any
2 For
*
*
*
*
*
5 or 12 (see § 180.209(j) and
§ 180.209(m) 3 ).
*
*
*
cylinder not exceeding 2 inches outside diameter and less than 2 feet in length is excepted from volumetric expansion test.
cylinders not marked with a service pressure, see § 173.301(e)(1) of this subchapter.
provision does not apply to cylinders used for carbon dioxide, fire extinguisher or other industrial gas service.
3 This
*
*
*
*
*
(m) DOT–3AL cylinders manufactured
of 6351–T6 aluminum alloy. In addition
to the periodic requalification and
marking described in § 180.205, each
cylinder manufactured of aluminum
alloy 6351–T6 used in self-contained
underwater breathing apparatus
(SCUBA), self-contained breathing
apparatus (SCBA), or oxygen service
must be requalified and inspected for
sustained load cracking in accordance
with the non-destructive examination
method described in the following table.
Each cylinder with sustained load
cracking that has expanded into the
neck threads must be condemned in
accordance with § 180.205(i). This
provision does not apply to cylinders
used for carbon dioxide, fire
extinguisher or other industrial gas
service.
REQUALIFICATION AND INSPECTION OF DOT–3AL CYLINDERS MADE OF ALUMINUM ALLOY 6351–T6
Requalification requirement
Examination procedure 1
Sustained Load Cracking Condemnation
Criteria 2
Requalification period
(years)
Eddy current examination combined with
visual inspection.
Eddy current—In accordance with Appendix C of this part.
Visual inspection—In accordance with
CGA Pamphlet C–6.1 (IBR; see
§ 171.7 of this subchapter).
Any crack in the neck or shoulder of 2
thread lengths or more.
5
1 The requalifier performing eddy current must be familiar with the eddy current equipment and must standardize (calibrate) the system in accordance 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
revised and a new paragraph (f)(9) is
added to read as follows:
I
cprice-sewell on PROD1PC66 with RULES
§ 180.213
Requalification markings.
*
*
*
*
*
(d) Requalification markings. Each
cylinder successfully passing
requalification must be marked with the
RIN set in a square pattern, between the
month and year of the requalification
date. The first character of the RIN must
VerDate Aug<31>2005
14:37 Aug 28, 2006
Jkt 208001
appear in the upper left corner of the
square pattern; the second in the upper
right; the third in the lower right; and
the fourth in the lower left. Example: A
cylinder requalified in September 2006,
and approved by a person who has been
issued RIN ‘‘A123’’, would be marked
plainly and permanently into the metal
of the cylinder in accordance with
location requirements of the cylinder
specification or on a metal plate
permanently secured to the cylinder in
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
accordance with paragraph (b) of this
section. An example of the markings
prescribed in this paragraph (d) is as
follows:
A1
9
06
X
32
Where:
‘‘9’’ is the month of requalification
‘‘A123’’ is the RIN
E:\FR\FM\29AUR1.SGM
29AUR1
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations
‘‘06’’ is the year of requalification, and
‘‘X’’ represents the symbols described in
paragraphs (f)(2) through (f)(9) of this
section.
*
*
*
*
*
(f) * * *
(9) For designation of the eddy
current examination combined with a
visual inspection, the marking is as
illustrated in paragraph (d) of this
section, except the ‘‘X’’ is replaced with
the letters ‘‘VE.’’
I 8. In part 180, Appendix C is added
to read as follows:
cprice-sewell on PROD1PC66 with RULES
Appendix C to Part 180—Eddy Current
Examination With Visual Inspection for
DOT 3AL Cylinders Manufactured of
Aluminum Alloy 6351–T6
1. Examination Procedure. Each facility
performing eddy current examination with
visual inspection must develop, update, and
maintain a written examination procedure
applicable to the test equipment it uses to
perform eddy current examinations.
2. Visual examinations. Visual
examinations of the neck and shoulder area
of the cylinder must be conducted in
accordance with CGA pamphlet C–6.1 (IBR;
see § 171.7 of this subchapter).
3. Eddy Current Equipment. A reference
ring and probe for each DOT–3AL cylinder
manufactured of aluminum alloy 6351–T6 to
be inspected must be available at the
examination facility. Eddy current equipment
must be capable of accurately detecting the
notches on the standard reference ring.
4. Eddy Current Reference Ring. The
reference ring must be produced to represent
each cylinder to be tested. The reference ring
must include artificial notches to simulate a
neck crack. The size of the artificial notch
(depth and length) must have a depth less
than or equal to 1⁄3 of the wall thickness of
the neck and a length greater than or equal
to two threads. The standard reference must
have a drawing that includes the diameter of
the ring, and depth and length of each notch.
5. Condemnation Criteria. A cylinder must
be condemned if the eddy current
examination combined with visual
examination reveals any crack in the neck or
shoulder of 2 thread lengths or more.
6. Examination equipment records.
Records of eddy current inspection
equipment shall contain the following
information:
(i) Equipment manufacturer, model
number and serial number.
(ii) Probe description and unique
identification (e.g., serial number, part
number, etc.).
7. Eddy current examination reporting and
record retention requirements. Daily records
of eddy current examinations must be
maintained by the person who performs the
requalification until either the expiration of
the requalification period or until the
cylinder is again requalified, whichever
occurs first. These records shall be made
available for inspection by a representative of
the Department on request. Eddy current
examination records shall contain the
following information:
VerDate Aug<31>2005
14:37 Aug 28, 2006
Jkt 208001
(i) Specification of each standard reference
ring used to perform the eddy current
examination.
(ii) DOT specification or exemption
number of the cylinder; manufacturer’s name
or symbol; owner’s name or symbol, if
present; serial number; and, date of
manufacture.
(iii) Name of test operator performing the
eddy current examination.
(iv) Date of eddy current examination.
(vi) Acceptance/condemnation results (e.g.
pass or fail).
(vii) Retester identification number.
8. Personnel Qualification Requirements.
Each person who performs eddy current and
visual examinations, and evaluates and
certifies retest results must be certified by the
employer that he/she has been properly
trained and tested in the eddy current and
visual examination procedures.
9. Training Records. A record of current
training must be maintained for each
employee who performs eddy current and
visual examinations in accordance with
§ 172.704(d).
Issued in Washington, DC, on August 22,
2006, under authority delegated in 49 CFR
part 1.
Thomas J. Barrett,
Administrator.
[FR Doc. E6–14255 Filed 8–28–06; 8:45 am]
BILLING CODE 4910–60–P
51129
(NPRM) published May 19, 2005,
NHTSA proposed the needed
installation procedures and proposed an
effective date for the final rule following
the NPRM. The agency anticipated in
the NPRM that a final rule would be
issued by September 1, 2006, that
provided sufficient leadtime for vehicles
to meet the suppression requirements
with LATCH-equipped child restraints.
Because we have not completed our
response to the comments to the NPRM,
this final rule delays, for one year, the
compliance date of the requirement for
vehicles to meet the air bag suppression
requirement with LATCH-equipped
child restraints. This delay allows us
additional time to publish our final
action on the rulemaking.
The amendments made by this
final rule are effective September 1,
2006. The compliance date for the
requirement for vehicles to meet the air
bag suppression requirements with
LATCH-equipped child restraints is
delayed until September 1, 2007.
Petitions for reconsideration: Petitions
for reconsideration of this final rule
must be received not later than October
13, 2006.
DATES:
Petitions for reconsideration
of this final rule must refer to the docket
and notice number set forth above and
be submitted to the Administrator,
National Highway Traffic Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590, with a
copy to Docket Management, Room PL–
401, 400 Seventh Street, SW.,
Washington, DC 20590. Note that all
comments received will be posted
without change to https://dms.dot.gov,
including any personal information
provided. Please see the Privacy Act
heading under Rulemaking Analyses
and Notices.
Docket: For access to the docket to
read background documents, go to
https://dms.dot.gov, or to Room PL–401
on the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
ADDRESSES:
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2005–21244]
RIN 2127–AJ59
Federal Motor Vehicle Safety
Standards; Occupant Crash Protection
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; delay of compliance
date.
AGENCY:
SUMMARY: Under the current version of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 208, vehicles that are
manufactured on or after September 1,
2006, are certified to the suppression
requirements and have a child restraint
anchorage system, commonly referred to
as a Lower Anchors and Tethers for
Children or ‘‘LATCH’’ system, in the
right front passenger seating position
must suppress the air bag for that
position when a child restraint is
installed at that position with the
LATCH system. However, the standard
does not yet specify detailed procedures
for installing that type of child restraint
in order to conduct the suppression test.
In a notice of proposed rulemaking
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Carla Cuentas, Office of
Crashworthiness Standards, Light Duty
Vehicle Division (telephone 202–366–
1740, fax 202–493–2739); or Deirdre
Fujita, Office of Chief Counsel
(telephone 202–366–2992, fax 202–366–
3820). Both of these officials can be
reached at the National Highway Traffic
Safety Administration, 400 Seventh St.,
SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\29AUR1.SGM
29AUR1
]]>Agencies
[Federal Register Volume 71, Number 167 (Tuesday, August 29, 2006)]
[Rules and Regulations]
[Pages 51122-51129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14255]
[[Page 51122]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 173 and 180
[Docket No. PHMSA-03-14405 (HM-220F)]
RIN 2137-AD78
Hazardous Materials: Aluminum Cylinders Manufactured of Aluminum
Alloy 6351-T6 Used in SCUBA, SCBA, and Oxygen Services--Revised
Requalification and Use Criteria
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule revises the Hazardous Materials Regulations to
address a known safety problem with cylinders manufactured of aluminum
alloy 6351-T6. The revisions include an inspection and testing program
for early detection of sustained load cracking on cylinders
manufactured of aluminum alloy 6351-T6 and used in self-contained
underwater breathing apparatus (SCUBA), self-contained breathing
apparatus (SCBA), and oxygen services.
DATES: Effective date: January 1, 2007.
FOR FURTHER INFORMATION CONTACT: Mark Toughiry, Office of Hazardous
Materials Technology, (202) 366-4545, or Kurt C. Eichenlaub, Office of
Hazardous Materials Standards, (202) 366-8553; PHMSA, U.S. Department
of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Contents
I. Background
II. Analysis of Comments to SNPRM
III. Section-by-Section Review
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866 and DOT Regulatory Polices and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
F. Paperwork Reduction Act
G. Regulation Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. Privacy Act
I. Background
Cylinders made of aluminum alloy 6351-T6 are known to be
susceptible to sustained load cracking (SLC) in the neck and shoulder
area of the cylinder. While the exact cause and mechanism of SLC are
not yet fully understood, it appears the cracks primarily originate
from the bottom of the neck of the cylinder, at or below the lowest
thread position in the interior of the cylinder. The cracking was first
brought to PHMSA's attention by persons retesting cylinders under the
periodic retest procedures of Sec. 180.209 of the Hazardous Materials
Regulations (HMR; 49 CFR parts 171-180). The majority of SLC-related
ruptures have occurred in self-contained underwater breathing apparatus
(SCUBA), self-contained breathing apparatus (SCBA), and oxygen
services. Since 1994, the Pipeline and Hazardous Materials Safety
Administration (PHMSA, we) has been notified of thirteen suspected SLC
ruptures of cylinders manufactured of aluminum alloy 6351-T6. Five of
the thirteen ruptures resulted in serious injuries. Data from
manufacturers show there are thousands of cylinders with small, non-
leaking cracks, which are regularly detected during a diligent,
detailed requalification process. Manufacturers of cylinders made from
the 6351-T6 aluminum alloy have conducted research, testing, and
analysis to determine whether there is any correlation between SLC and
the probability of a cylinder rupture. The data indicate the cylinders
may leak but not rupture when operated at marked service pressure. The
data also indicate the probability of cracking increases with an
increase in stress levels.
We performed additional metallurgical analysis on several ruptured
cylinders to verify the cause of failure and failure mode. (See the
metallurgical analysis reports at https://hazmat.dot.gov/pubs/reports/
cylinder/3al_cyls_info.htm). Those metallurgical analyses revealed
SLC caused the cylinder ruptures, but the results were inconclusive as
to why the cylinders abruptly ruptured instead of developing leaks.
North American manufacturers discontinued using aluminum alloy 6351-T6
prior to 1990, replacing it with aluminum alloy 6061-T6, which is not
susceptible to SLC. Cylinders manufactured of aluminum alloy 6351-T6
prior to 1990 include seamless aluminum cylinders marked ``DOT 3AL;''
and those marked with one of the following exemption or special permit
numbers: 6498, 7042, 8107, 8364, and 8422. We estimate approximately
3.7 million U.S. cylinders manufactured from aluminum alloy 6351-T6 are
currently in use in SCUBA, SCBA, and oxygen services.
On August 8, 2002, we published a final rule (67 FR 51626) amending
the requirements of the HMR applicable to the maintenance,
requalification, repair, and use of DOT specification cylinders. On May
8, 2003, we issued a subsequent final rule (68 FR 24653) making further
revisions in response to appeals. In these final rules, we added the
following amendments pertaining to DOT specification cylinders made
with aluminum alloy 6351-T6:
Removed the authorization for the manufacture of DOT
specification cylinders made with aluminum alloy 6351-T6 because
cylinders manufactured with this aluminum alloy have a greater risk of
failure than other aluminum cylinders.
Prohibited the use of cylinders made with aluminum alloy
6351-T6 for the transportation of materials poisonous by inhalation in
Hazard Zone A effective on October 1, 2002. After that date, cylinders
made of aluminum alloy 6351-T6 may not be filled and offered for
transportation in toxic inhalation hazard service.
Prohibited the use of cylinders manufactured of aluminum
alloy 6351-T6 for gases having pyrophoric properties.
Required a visual inspection of DOT specification or
exemption cylinders made of aluminum alloy 6351-T6 for evidence of SLC
in the neck and shoulder area.
On September 10, 2003, the Research and Special Programs
Administration, the predecessor agency to PHMSA, published an NPRM (68
FR 53314) proposing to amend HMR requirements applicable to aluminum
cylinders manufactured using aluminum alloy 6351-T6. In the NPRM, for
cylinders manufactured of aluminum alloy 6351-T6 used in SCUBA, SCBA,
and oxygen service, we proposed the following amendments:
A combined visual and eddy current examination at the time
of requalification.
A new Appendix C to Part 180, to specify the procedure to
conduct the eddy current examination.
Suitable safeguards to protect personnel and facilities
should a cylinder fail during the filling process.
Although we believe the thirteen reported SLC ruptures under
represent the extent of the SLC issue, we did not have sufficient data
to determine whether the SLC-related ruptures extend beyond those
services discussed above. Therefore, in the NPRM we requested
additional information from manufacturers and users who were aware of a
cylinder rupture, whether domestic or foreign, involving a DOT 3AL
cylinder or any other cylinder manufactured from aluminum alloy 6351-
T6. More broadly, we invited commenters to address the issue of
[[Page 51123]]
whether the new inspection requirements proposed in the NPRM should
apply to cylinders manufactured of aluminum alloy 6351-T6 and used in
services other than SCUBA, SCBA, or oxygen.
On October 26, 2005, based on comments received in response to the
NPRM, we published an SNPRM (70 FR 61762) to revise the amendments
originally proposed in the NPRM, expand the scope of the rulemaking,
and propose additional requirements for DOT 3AL cylinders manufactured
of aluminum alloy 6351-T6. In the SNPRM, we proposed to:
Require a combined visual and eddy current examination at
the time of requalification of DOT 3AL cylinders manufactured of
aluminum alloy 6351-T6 and used in carbon dioxide service, in addition
to those used in SCUBA, SCBA, and oxygen services.
Impose a 40-year service life for cylinders manufactured
of aluminum alloy 6351-T6 and used in SCUBA, SCBA, oxygen and carbon
dioxide services.
Add additional training requirements for persons
performing the eddy current examination combined with a visual
inspection.
Modify procedures and recordkeeping requirements for eddy
current examinations.
Add a requirement to perform the initial eddy current
examination combined with visual inspection for DOT 3AL cylinders
manufactured of aluminum alloy 6351-T6 within three years of
publication of a final rule in the Federal Register.
II. Analysis of Comments
We received 10 comments from individuals and organizations,
including cylinder manufacturers, representatives of the SCUBA and
compressed gas industries, and eddy current test equipment
manufacturers. The following companies, organizations, and individuals
submitted comments: George Perez (Perez; RSPA-2003-14405-17); Matheson
Tri Gas (Matheson; RSPA-2003-14405-18); Air Liquide Canada, Inc. (Air
Liquide; RSPA-2003-14405-19); Engineered Inspection Systems (Engineered
Inspection; RSPA-2003-14405-20); Western Sales & Testing of Deer Park,
Inc. (Western Sales; RSPA-2003-14405-21, RSPA-2003-14405-22, RSPA-2003-
14405-23, RSPA-2003-14405-24); Barlen and Associates, Inc. (Barlen;
RSPA-2003-14405-25); Luxfer Gas Cylinders (Luxfer; RSPA-2003-14405-26);
Brian H. Schumann (Schumann; RSPA-2003-14405-27); Compressed Gas
Association (CGA; RSPA-2003-14405-28); and, Amy Morgan Bruecks
(Bruecks; RSPA-2003-14405-29). These comments are available in their
entirety at the U.S. DOT Docket Management System Web site: https://
dms.dot.gov, under Docket No. PHMSA-03-14405.
In this final rule, we summarize comments submitted to the docket,
address concerns raised by commenters, and discuss our decisions on
specific issues.
A. Carbon Dioxide Service
The SNPRM proposed enhanced requalification requirements and a 40-
year service life for DOT 3AL cylinders manufactured of aluminum alloy
6351-T6 and used in SCUBA, SCBA, oxygen, and carbon dioxide services.
DOT 3AL cylinders used for carbon dioxide service were not included in
the original NPRM, but were added to the SNPRM as a result of our own
initiative and in response to comments submitted to the NPRM. Comments
to the SNPRM are divided on the proposed scope of the rule. Several
commenters [Bruecks; Engineered Inspection; Western Sales] recommend
expanding the scope of the final rule to include ``all cylinders
manufactured of aluminum alloy 6351-T6'' while others [CGA; Barlen] are
opposed to expanding the scope beyond cylinders used in SCUBA, SCBA,
and oxygen services.
Three commenters [Bruecks; Engineered Inspection; Western Sales]
assert cylinders manufactured with aluminum alloy 6351-T6 are dangerous
regardless of end use. One commenter [Western Sales] states, ``[T]o
simplify, and because I believe that this cylinder is just as dangerous
when being used in services not addressed, I believe that any reference
to just the 4 specific services be dropped. While I appreciate that
there are no catastrophic failures from other user groups, that have
been reported, I believe including all cylinders made of 6351-T6 is in
the best interest of the cylinder industry and the general public.''
Each of the three commenters recommends amending proposed requirements
to include ``all'' cylinders manufactured of aluminum alloy 6351-T6 in
the scope of this rule.
We disagree. As previously stated, the majority of cylinder
ruptures due to SLC have occurred in SCUBA, SCBA, and oxygen services.
We believe these ruptures are directly related to the increased
frequencies with which these cylinders are filled and their higher
operating pressures. As discussed in the NPRM (68 FR 53314), the
probability of SLC increases the more frequently the cylinder is
filled. Additionally, cylinders used in SCUBA and SCBA services may be
used by a diver or firefighter, substantially increasing the risk of
injury or fatality in the event of a cylinder rupture. To date, there
have been no reported ruptures involving DOT 3AL cylinders manufactured
of aluminum alloy 6351-T6 and used in carbon dioxide, fire
extinguisher, or other industrial gas service. Therefore, we are not
expanding the scope of the rule to include all DOT 3AL cylinders
manufactured of aluminum alloy 6351-T6.
Two commenters [CGA; Barlen] to the SNPRM oppose expanding the
scope of the rule to include cylinders used in carbon dioxide service.
One commenter [CGA] states, ``SLC is most likely to occur at high
pressures. Because cylinders used in [carbon dioxide] service are
operated at a lower pressure than those used in SCBA and SCUBA service,
the rate of cracking for cylinders in [carbon dioxide] service will be
substantially less than for those used in SCBA and SCUBA service.
Failure by SLC is not expected to occur in cylinders used in [carbon
dioxide] service.''
A comment submitted by City Carbonic Sales Service [City Carbonic;
RSPA-2003-14405-13] to the 2003 NPRM (68 FR 53314) asserts a
significant number of cylinders used in carbon dioxide service were
condemned due to SLC during a three-year in-house survey. However, a
commenter [CGA] to the SNPRM disagrees with that assertion, suggesting
it was unsubstantiated. The commenter [CGA] states the specific type of
cracks observed in the condemned cylinders were not confirmed to be
related to SLC, but were most likely due to the over-torquing of these
cylinder's taper threaded valves causing cracks to occur in the neck of
the cylinder. Two commenters [CGA; Barlen] suggest we are proposing to
expand the scope of the rule without providing appropriate technical
data to justify such an amendment. These commenters also assert SLC is
not likely to develop in DOT 3AL cylinders used in carbon dioxide
service and recommend we remove the proposed amendment to include these
cylinders in the scope of this rule.
We agree. Therefore, in this final rule, we are removing the
proposal expanding the scope of the rulemaking to include cylinders
manufactured of aluminum alloy 6351-T6 and used in carbon dioxide
service. We agree with the commenter's [CGA] statement that cylinders
used in carbon dioxide service generally operate at lower pressures
and, thus, have a reduced likelihood of developing SLC. Commenters are
correct there have been no reported
[[Page 51124]]
cylinder ruptures involving DOT 3AL cylinders manufactured of aluminum
alloy 6351-T6 and used in carbon dioxide, fire extinguisher, or other
industrial gas services. However, we will continue to monitor these
cylinders for evidence of SLC and, if the situation warrants, we may
revisit this issue in a future rulemaking.
B. 40-Year Service Life
Currently, cylinders manufactured of aluminum alloy 6351-T6 may be
used indefinitely so long as they conform to the requalification test
and inspection criteria established in the HMR. The SNPRM proposed a
40-year service life from the date of manufacture for DOT 3AL cylinders
manufactured of aluminum alloy 6351-T6 and used in SCUBA, SCBA, oxygen,
and carbon dioxide services. Several commenters [CGA; Air Liquide;
Barlen] to the SNPRM oppose the 40-year service life proposed for DOT
3AL cylinders manufactured of aluminum alloy 6351-T6. These commenters
suggest there is no evidence these cylinders are more likely to be
susceptible to SLC as they age and state the proposed amendment lacks
the appropriate test data, analysis, or statistical data to support the
implication that older cylinders are more likely to develop SLC. These
commenters further suggest requalification is the most appropriate
method to identify and condemn DOT specification cylinders regardless
of their age.
After consideration of these comments, we agree our proposed 40-
year service life for cylinders manufactured of aluminum alloy 6451-T6
and used in SCUBA, SCBA, carbon dioxide, and oxygen services is not
warranted at this time. We also agree with the commenters' [CGA; Air
Liquide; Barlen] statements that the requalification process is an
effective method of condemning deteriorated or damaged DOT
specification cylinders. Further, there is evidence these cylinders are
being voluntarily removed from service as defects are identified
through inspections and testing. Therefore, we are not adopting the 40-
year service life in this final rule. We will continue to monitor
cylinders manufactured of aluminum alloy 6351-T6 for evidence of SLC.
If the situation warrants, we may revisit this issue in a future
rulemaking.
C. Requalification Schedule for Eddy Current Examinations
Currently, the HMR specify periodic requalification requirements
for DOT 3AL cylinders. Periodic requalification includes a volumetric
expansion test and visual examination at least once every five years.
In the SNPRM, we proposed to require an initial eddy current
examination to be performed within three years of the effective date of
this final rule, and every 5 years thereafter. Commenters generally
support the proposed eddy current examination for cylinders used in
SCUBA, SCBA, oxygen and carbon dioxide services. However, several
commenters [CGA; Barlen; Matheson; Engineered Inspection; Western
Sales; Bruecks] assert the requirement to perform the initial eddy
current examination within three years of the effective date of this
final rule is unnecessary and may be difficult to comply with. These
commenters point out requiring the eddy current examination within
three years of the effective date may result in a large number of
cylinders pulled from service for requalification twice within a five
year period; once for the eddy current examination and once for the
scheduled periodic requalification. Several commenters [Engineered
Inspection; Western Sales; Bruecks] also assert the eddy current
marking could cause confusion because it is required to be marked in
association with the test date of the last volumetric expansion test,
which could be different from the date of the eddy current examination.
Additionally, one commenter [Matheson] is concerned the few companies
currently equipped to conduct eddy current examinations may become
overloaded with additional test work, resulting in backlogs and test
delays. To alleviate confusion and reduce the overall burden, these
commenters suggest revising the amendment to require eddy current
examinations at the time of a cylinder's next scheduled periodic
requalification, which is required every five years.
We agree. In this final rule, we are removing the proposal to
perform an eddy current examination within three years of the effective
date of this rule, and we are requiring an eddy current examination to
be conducted at the cylinder's next required periodic requalification
after January 1, 2007, the effective date of this final rule. As a
result, the date stamp on each cylinder will accurately reflect the
date of the last periodic requalification, including the eddy current
and visual examination.
D. Appendix C to Part 180
In the SNPRM, we proposed to add a new Appendix C to part 180 to
specify procedures, training, and recordkeeping requirements for
performing the eddy current examination and visual inspection of
cylinders manufactured of aluminum alloy 6351-T6 and used in SCBA,
SCUBA, oxygen and carbon dioxide services. Two commenters [CGA;
Engineered Inspection] oppose the requirement to include the location
and type of defect on the test report. These commenters assert this
information is not necessary and increases the time required to
document each examination. One commenter [Engineered Inspection]
states, ``details of this nature take much more time to note, and this
will increase the amount of time required to perform a test. The end
result will be an increased cost to the customer.'' Both commenters
recommend removing this requirement since the pass/fail entry on the
report is sufficient to indicate whether a defect was detected during
the examination.
We agree. Since the eddy current with visual examination is
conducted to locate SLC in the neck and shoulder of a cylinder, a pass/
fail indication on the test report is sufficient for indicating whether
a defect was found during the examination. Therefore, we are removing
the proposal to notate the location and type of defect found on the
test report.
One commenter [Western Sales] opposes the use of the term
``rejected'' in Appendix C to part 180 to describe cylinders failing
the eddy current with visual examination. The commenter asserts the
term ``rejected'' implies the cylinder can be repaired and returned to
service. The commenter recommends removing the term ``rejection'' and
replacing it with ``condemned'' to ensure the cylinder is not returned
to service.
We agree. The terms ``rejection criteria,'' and ``rejected'' in
Appendix C to part 180 were intended to indicate cylinders failing the
eddy current combined with visual examination must be permanently
removed from service. We did not intend to allow those cylinders to be
reconditioned or reused under any circumstances. The commenter is
correct the term is inconsistent with Sec. 180.205(i), which uses the
terms ``cylinder condemnation,'' and ``condemned'' to describe
cylinders to be permanently removed from service. In this final rule,
we are revising the terminology used in Appendix C to part 180 to be
consistent with established requalification requirements.
A commenter [Western Sales] also points out the owners name and
symbol may not be present (i.e. stamped on the cylinder). For this
reason, the commenter recommends revising the language requiring a
notation of the
[[Page 51125]]
cylinder owner's name or symbol to include the words ``if present.''
We agree. It is not necessary to record the owner's name or symbol
if it is not present or available at the time of requalification.
Therefore, in this final rule, we are revising the language to require
requalification records to include the cylinder owner's name or symbol,
if present. This revision is consistent with established cylinder
requalification recordkeeping requirements.
One commenter [Western Sales] states the serial number must be
included in the test report to readily identify the examined cylinder.
We agree. We inadvertently omitted the cylinder serial number as a
required notation on the test report. We are adding the serial number
as information required to be included on the test report to identify
cylinders that have been examined and tested.
In addition, we are revising the training requirements for persons
who perform eddy current examinations to require an employer to certify
they have been trained and tested in accordance with their company's
specific eddy current and visual examination procedures. We are
removing references to specific training criteria. It is the employer's
responsibility to ensure each employee is properly trained in the
functions he or she performs. The training requirements are consistent
with those specified in Sec. 172.704. Therefore, it is not necessary
to list specific training criteria for persons who perform eddy current
examinations.
Further, we are removing language from Appendix C to part 180,
which required the visual examination to be conducted before and after
the eddy current examination. After further review, we believe it is
only necessary to conduct one visual inspection either before or after
the eddy current examination. Cylinder requalifiers performing the
visual examination prior to the eddy current examination may conduct a
second visual examination afterwards to confirm the results of the eddy
current examination, however, a second visual examination is not
required.
E. Operational Controls
In the SNPRM, we proposed to add to the HMR operational controls as
recommended safety practices for filling DOT 3AL cylinders manufactured
of aluminum alloy 6351-T6. Two commenters [Barlen; Western Sales]
oppose the proposed operational controls in the SNPRM. One commenter
[Barlen] suggests it is inappropriate to require operational controls
to be in place during the filling process unless we intend to provide
specific instructions on ``how to fill'' an aluminum alloy cylinder.
Another commenter [Western Sales] suggests liability issues could arise
from the proposed requirement for only one person to be around a
cylinder during the filling operation.
We disagree. The operational controls proposed in the SNPRM are
recommendations intended to emphasize persons filling DOT 3AL cylinders
manufactured of aluminum alloy 6351-T6 should take additional safety
precautions because of the risk of rupture during the filling process.
The majority of cylinder ruptures due to SLC have occurred during the
filling process. We do not believe the operational controls create
potential liability issues because they are recommendations rather than
mandatory requirements.
III. Section-by-Section Review
Part 173
Section 173.301
This section establishes general requirements for the shipment of
compressed gases in cylinders. Paragraph (d) of this section addresses
the transportation of gases capable of combining chemically and
prohibits the use of DOT 3AL cylinders for the transportation of
pyrophoric gases. In this final rule, we are revising paragraph (d) to
remove reference to DOT 3AL cylinders manufactured of aluminum alloy
6351-T6. The prohibition is relocated to a new paragraph (o) titled
``DOT 3AL cylinders made of aluminum alloy 6351-T6.''
Section 173.302
This section addresses requirements for filling cylinders with non-
liquefied compressed gases. In this final rule, we are adding a new
paragraph (e) to recommend operational controls during the filling
process for cylinders manufactured of aluminum alloy 6351-T6 and used
in SCUBA, SCBA, and oxygen services. The operational controls will
reduce the risk of personal injury and property damage during the
filling process.
Part 180
Section 180.205
This section establishes general requirements for the
requalification of cylinders used to transport hazardous materials.
Paragraph (f) sets forth requirements for periodic visual inspections
of cylinders. Paragraph (f)(4) specifically requires cylinders
manufactured of aluminum alloy 6351-T6 to be inspected for evidence of
SLC in the neck and shoulder areas. In this final rule, we are revising
paragraph (f)(4) to reference part 180, Appendix C for requalification
requirements for DOT 3AL cylinders manufactured of aluminum alloy 6351-
T6 and used in SCUBA, SCBA, and oxygen services.
Section 180.209
This section establishes requirements for the requalification of
DOT specification cylinders. Paragraph (a) of this section includes a
table with the requalification criteria for DOT specification
cylinders. In this final rule, we are amending the entry for the DOT
3AL cylinder in the ``Requalification of Cylinders'' table to add a
reference to new paragraph (m). New paragraph (m) requires cylinders
manufactured of aluminum alloy 6351-T6 and used in SCUBA, SCBA, and
oxygen services to undergo an eddy current and visual examination for
early detection of SLC in the neck and shoulder area of the cylinder.
We are adding a footnote (3) to specify the eddy current and visual
examinations do not apply to cylinders used for carbon dioxide, fire
extinguisher or other industrial gas services.
Section 180.213
This section establishes marking requirements for cylinders passing
periodic requalification testing. We are revising paragraph (d), which
sets forth the specific markings required, and adding a new paragraph
(f)(9) to specify the requalification marking requirements for aluminum
cylinders successfully passing the combined eddy current examination
and visual inspection.
Appendix C to Part 180
In this final rule, we are adding a new Appendix C to part 180 to
specify procedures, training, and recordkeeping requirements for
performing the eddy current examination and visual inspection of
cylinders manufactured of aluminum alloy 6351-T6 and used in SCUBA,
SCBA, and oxygen services. The new appendix includes:
(1) Eddy current and visual examination and inspection procedures
to identify SLC;
(2) Eddy current equipment specifications and record retention
requirements;
(3) Cylinder condemnation criteria;
(4) Record retention requirements for examinations and inspections;
and,
(5) Training requirements for personnel who perform eddy current
and visual examinations and inspections.
[[Page 51126]]
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under authority of Federal hazardous
materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et
seq.). Section 5103(b) of Federal hazmat law authorizes the Secretary
of Transportation to prescribe regulations for the safe transportation,
including security, of hazardous material in intrastate, interstate,
and foreign commerce. To this end, as discussed in detail earlier in
this preamble, the final rule proposes to revise current HMR
requirements applicable to aluminum cylinders manufactured using
aluminum alloy 6351-T6 and used in SCUBA, SCBA, and oxygen services.
The purpose of the final rule is to adopt a standard for early
detection of SLC to reduce the risk of a cylinder rupture and to
establish a service life for cylinders manufactured of aluminum alloy
6351-T6 and used in SCUBA, SCBA, and oxygen services.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. The final rule is not
considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation [44 FR 11034].
The compliance costs associated with this rule are minimal. The
regulatory analysis indicates the increased cost for performing an
additional non-destructive examination (NDE) and implementing
operational controls is small compared to the cost and safety risks of
doing nothing; it is significantly less than the cost of immediately
removing all cylinders from service. We estimate the cost of the
hydrostatic test and internal visual inspection required under the
current regulation to be $5 per cylinder for each 5-year periodic
requalification. We estimate the cost to conduct the additional visual
inspection and eddy current testing required under this final rule
combined with the current hydrostatic and visual inspection to be $7.25
per cylinder for each periodic requalification. Therefore, we estimate
the additional annual cost associated with this final rule to be $0.45
per cylinder ($2.25 additional requalification costs/5-year
requalification period). A number of cylinder owners and retesters are
voluntarily utilizing NDE as part of the 5-year requalification testing
process for these cylinders. We estimate about 1 million of the total
population of 3.7 million cylinders are already subject to enhanced
inspection and testing requirements because of voluntary actions by
cylinder owners and retesters. Further, annual costs to industry will
diminish with time as cylinders are condemned or voluntarily removed
from service. Over the next five years, we expect the population of
cylinders manufactured of aluminum alloy 6351-T6 to decrease by
500,000, decreasing the number of cylinders not currently subject to
voluntary NDE to 2.2 million.
Based on the foregoing analysis, we estimate initial annual costs
to comply with the test and inspection requirements of this final rule
to be $1.215 million (2.7 million cylinders not currently subject to
NDE x $.45 NDE test costs = $1.215 million). Over a 5-year period,
compliance costs will decrease to $990,000 (2.2 million cylinders x
$.45 NDE test costs). Thus, the total five year compliance cost to
industry will be $4.22 million.
The benefits of implementing the provisions of this final rule
include avoided fatalities, injuries, and damages resulting from
cylinder ruptures caused by SLC. The annual benefits associated with
this final rule total $1,183,125, or $5.9 million over 5 years.
The cost-benefit analysis is based on information obtained from
cylinder manufacturers, industrial gas companies, cylinder inspectors,
and metallurgical evaluation of the ruptured cylinders. A regulatory
analysis is available for review in the docket.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule preempts State, local and Indian tribe requirements, but
does not adopt any regulation with direct effects on the States, the
relationship between the national government and the States, or the
distribution of power and responsibilities among the various levels of
government. Therefore, the consultation and funding requirements of
Executive Order 13132 do not apply.
The Federal hazardous materials transportation law, 49 U.S.C. 5101
et seq., contains an express preemption provision (49 U.S.C. 5125(b))
preempting State, local, and Indian tribe requirements on certain
covered subjects. Covered subjects are:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacturing, fabricating, marking, maintenance,
reconditioning, repairing, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule covers items 2 and 5 and would preempt any State,
local, or Indian tribe requirements not meeting the ``substantively the
same'' standard.
Pursuant to Sec. 5125(b)(2) of the Federal hazmat law, if the
Secretary of Transportation issues a regulation concerning any of the
covered subjects, the Secretary must determine and publish in the
Federal Register the effective date of Federal preemption. The
effective date may not be earlier than the 90th day following the date
of issuance of the final rule and not later than two years after the
date of issuance. PHMSA has determined the effective date of Federal
preemption for these requirements will be one year from the date of
publication of a final rule in the Federal Register.
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs, and is not required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Regulatory Policies and Procedures
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines a rule is not expected to have a
significant economic impact on a substantial number of small entities.
This rule imposes only minimal new costs of compliance on the regulated
industry. Based on the assessment in the regulatory evaluation, I
hereby certify that while this rule applies to a substantial number of
small entities, there will not be a significant economic impact on
those small entities. A
[[Page 51127]]
detailed Regulatory Flexibility analysis is available for review in the
docket.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's policies and procedures to promote compliance
with the Regulatory Flexibility Act to ensure potential impacts of
draft rules on small entities are properly considered.
F. Paperwork Reduction Act
PHMSA currently has an approved information collection under OMB
Control No. 2137-0022, Testing, Inspection, and Marking Requirements
for Cylinders with 168,431 burden hours, and an expiration date of
August 31, 2008. This final rule results in an increase in annual
burden and costs based on a new information collection requirement. The
amendments regarding the shipment of aluminum cylinders which resulted
in a new information collection requirement were submitted to the
Office of Management and Budget (OMB) for review and approval at the
NPRM stage. At the request of OMB, we are re-submitting this new
information collection burden request for final OMB approval at the
final rule stage. Upon approval of this information collection by OMB,
we will publish a separate notice in the Federal Register.
PHMSA has developed burden estimates to reflect changes in this
final rule. PHMSA estimates the total information collection and
recordkeeping burden would be as follows:
OMB No. 2137-0022:
Total Annual Number of Responders: 103,779.
Total Annual Responses: 168,879.
Total Annual Burden Hours: 271,461.
Total Annual Burden Cost: $2,614,396.
Total One-Time Start-Up Cost: $964,000.
Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), Title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information collection and recordkeeping requests. PHMSA
specifically requested comments on the information collection and
recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval under this final rule.
Direct your requests for a copy of the information collection to
Deborah Boothe or T. Glenn Foster, Office of Hazardous Materials
Standards (PHH-10), Pipeline and Hazardous Materials Safety
Administration (PHMSA), Room 8102, 400 Seventh Street, SW., Washington,
DC 20590-0001, Telephone (202) 366-8553. In addition, you may submit
comments specifically related to the information collection burden to
the PHMSA Desk Officer, OMB, at fax number 202-395-6974.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$120.7 million or more to either State, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. There are no significant environmental impacts associated
with this final rule. PHMSA is amending requirements in the HMR
pertaining to DOT 3AL aluminum cylinders. The purpose of this
rulemaking initiative is to minimize personal injury during the filling
process and to adopt a standard for early detection of sustained load
cracking of cylinders manufactured of aluminum alloy 6351-T6 in order
to reduce the risk of a cylinder rupture. Adopting a standard for early
detection of sustained load cracking in order to reduce the risk of a
cylinder rupture has no potential for environmental damage or
contamination.
J. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://dms.dot.gov.
List of Subjects
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 180
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
0
In consideration of the foregoing, we are amending 49 CFR Chapter I,
Subchapter C as follows:
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENT AND PACKAGES
0
1. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
0
2. In Sec. 173.301, paragraph (d) is revised and a new paragraph (o)
is added to read as follows:
Sec. 173.301 General requirements for shipment of compressed gases
and other hazardous materials in cylinders, UN pressure receptacles and
spherical pressure vessels.
* * * * *
(d) Gases capable of combining chemically. A filled cylinder may
not contain any gas or material capable of combining chemically with
the cylinder's contents or with the cylinder's material of
construction, so as to endanger the cylinder's serviceability.
* * * * *
(o) DOT 3AL cylinders made of aluminum alloy 6351-T6. A DOT 3AL
cylinder manufactured of aluminum alloy 6351-T6 may not be filled and
offered for transportation or transported with pyrophoric gases.
0
3. In Sec. 173.302, a new paragraph (e) is added to read as follows:
Sec. 173.302 Filling of cylinders with nonliquefied (permanent)
compressed gases.
* * * * *
(e) DOT 3AL cylinders manufactured of 6351-T6 aluminum alloy.
Suitable safeguards should be provided to
[[Page 51128]]
protect personnel and facilities should failure occur while filling
cylinders manufactured of aluminum alloy 6351-T6 used in self-contained
underwater breathing apparatus (SCUBA), self-contained breathing
apparatus (SCBA) or oxygen service. The cylinder filler should allow
only those individuals essential to the filling process to be in the
vicinity of the cylinder during the filling process.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
4. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
5. In Sec. 180.205, paragraph (f)(4) is revised to read as follows:
Sec. 180.205 General requirements for requalification of
specification cylinders.
* * * * *
(f) * * *
(4) In addition to other requirements prescribed in this paragraph
(f), each specification cylinder manufactured of aluminum alloy 6351-T6
and used in self-contained underwater breathing apparatus (SCUBA),
self-contained breathing apparatus (SCBA), or oxygen service must be
inspected for sustained load cracking in accordance with Appendix C of
this part at the first scheduled 5-year requalification period after
January 1, 2007, and every five years thereafter.
* * * * *
0
6. In Sec. 180.209, in paragraph (a), in the ``Requalification of
Cylinders table'' the entry ``DOT 3AL'' is revised, and a new paragraph
(m) is added to read as follows:
Sec. 180.209 Requirements for requalification of specification
cylinders.
* * * * *
(a) * * *
Table 1.--Requalification of Cylinders \1\
------------------------------------------------------------------------
Minimum test
Specification under which pressure (psig.) Requalification
cylinder was made \2\ period (years)
------------------------------------------------------------------------
* * * * * * *
DOT 3AL......................... 5/3 times service 5 or 12 (see Sec.
pressure. 180.209(j) and
Sec.
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 Sec.
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.
* * * * *
(m) DOT-3AL cylinders manufactured of 6351-T6 aluminum alloy. In
addition to the periodic requalification and marking described in Sec.
180.205, each cylinder manufactured of aluminum alloy 6351-T6 used in
self-contained underwater breathing apparatus (SCUBA), self-contained
breathing apparatus (SCBA), or oxygen service must be requalified and
inspected for sustained load cracking in accordance with the non-
destructive examination method described in the following table. Each
cylinder with sustained load cracking that has expanded into the neck
threads must be condemned in accordance with Sec. 180.205(i). This
provision does not apply to cylinders used for carbon dioxide, fire
extinguisher or other industrial gas service.
Requalification and Inspection of DOT-3AL Cylinders Made of Aluminum Alloy 6351-T6
----------------------------------------------------------------------------------------------------------------
Sustained Load Cracking Requalification
Requalification requirement Examination procedure \1\ Condemnation Criteria \2\ period (years)
----------------------------------------------------------------------------------------------------------------
Eddy current examination combined with Eddy current--In Any crack in the neck or 5
visual inspection. accordance with Appendix shoulder of 2 thread
C of this part. lengths or more.
Visual inspection--In
accordance with CGA
Pamphlet C-6.1 (IBR; see
Sec. 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 accordance 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.
0
7. In Sec. 180.213, paragraph (d) is revised and a new paragraph
(f)(9) is added to read as follows:
Sec. 180.213 Requalification markings.
* * * * *
(d) Requalification markings. Each cylinder successfully passing
requalification must be marked with the RIN set in a square pattern,
between the month and year of the requalification date. The first
character of the RIN must appear in the upper left corner of the square
pattern; the second in the upper right; the third in the lower right;
and the fourth in the lower left. Example: A cylinder requalified in
September 2006, and approved by a person who has been issued RIN
``A123'', would be marked plainly and permanently into the metal of the
cylinder in accordance with location requirements of the cylinder
specification or on a metal plate permanently secured to the cylinder
in accordance with paragraph (b) of this section. An example of the
markings prescribed in this paragraph (d) is as follows:
A1
9 06 X
32
Where:
``9'' is the month of requalification
``A123'' is the RIN
[[Page 51129]]
``06'' is the year of requalification, and
``X'' represents the symbols described in paragraphs (f)(2) through
(f)(9) of this section.
* * * * *
(f) * * *
(9) For designation of the eddy current examination combined with a
visual inspection, the marking is as illustrated in paragraph (d) of
this section, except the ``X'' is replaced with the letters ``VE.''
0
8. In part 180, Appendix C is added to read as follows:
Appendix C to Part 180--Eddy Current Examination With Visual Inspection
for DOT 3AL Cylinders Manufactured of Aluminum Alloy 6351-T6
1. Examination Procedure. Each facility performing eddy current
examination with visual inspection must develop, update, and
maintain a written examination procedure applicable to the test
equipment it uses to perform eddy current examinations.
2. Visual examinations. Visual examinations of the neck and
shoulder area of the cylinder must be conducted in accordance with
CGA pamphlet C-6.1 (IBR; see Sec. 171.7 of this subchapter).
3. Eddy Current Equipment. A reference ring and probe for each
DOT-3AL cylinder manufactured of aluminum alloy 6351-T6 to be
inspected must be available at the examination facility. Eddy
current equipment must be capable of accurately detecting the
notches on the standard reference ring.
4. Eddy Current Reference Ring. The reference ring must be
produced to represent each cylinder to be tested. The reference ring
must include artificial notches to simulate a neck crack. The size
of the artificial notch (depth and length) must have a depth less
than or equal to \1/3\ of the wall thickness of the neck and a
length greater than or equal to two threads. The standard reference
must have a drawing that includes the diameter of the ring, and
depth and length of each notch.
5. Condemnation Criteria. A cylinder must be condemned if the
eddy current examination combined with visual examination reveals
any crack in the neck or shoulder of 2 thread lengths or more.
6. Examination equipment records. Records of eddy current
inspection equipment shall contain the following information:
(i) Equipment manufacturer, model number and serial number.
(ii) Probe description and unique identification (e.g., serial
number, part number, etc.).
7. Eddy current examination reporting and record retention
requirements. Daily records of eddy current examinations must be
maintained by the person who performs the requalification until
either the expiration of the requalification period or until the
cylinder is again requalified, whichever occurs first. These records
shall be made available for inspection by a representative of the
Department on request. Eddy current examination records shall
contain the following information:
(i) Specification of each standard reference ring used to
perform the eddy current examination.
(ii) DOT specification or exemption number of the cylinder;
manufacturer's name or symbol; owner's name or symbol, if present;
serial number; and, date of manufacture.
(iii) Name of test operator performing the eddy current
examination.
(iv) Date of eddy current examination.
(vi) Acceptance/condemnation results (e.g. pass or fail).
(vii) Retester identification number.
8. Personnel Qualification Requirements. Each person who
performs eddy current and visual examinations, and evaluates and
certifies retest results must be certified by the employer that he/
she has been properly trained and tested in the eddy current and
visual examination procedures.
9. Training Records. A record of current training must be
maintained for each employee who performs eddy current and visual
examinations in accordance with Sec. 172.704(d).
Issued in Washington, DC, on August 22, 2006, under authority
delegated in 49 CFR part 1.
Thomas J. Barrett,
Administrator.
[FR Doc. E6-14255 Filed 8-28-06; 8:45 am]
BILLING CODE 4910-60-P
