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24

See 5 U.S.C. 603(c).

estimate that all of the Fixed Microwave

licensees (excluding broadcast auxiliary

licensees) would qualify as small

entities under the SBA definition.

D. Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

54. The Fifth NPRM seeks comment

on proposals for relocation procedures

applicable to BRS licensees in the 2150–

2160/62 MHz band FS licensees in the

2160–2175 MHz band, but does not

propose service rules. Thus, the item

contains no new reporting,

recordkeeping, or other compliance

requirements.

E. Steps Taken To Minimize Significant

Economic Impact on Small Entities, and

Significant Alternatives Considered

55. The RFA requires an agency to

describe any significant alternatives that

it has considered in reaching its

proposed approach, which may include

the following four alternatives (among

others): (1) The establishment of

differing compliance or reporting

requirements or timetables that take into

account the resources available to small

entities; (2) the clarification,

consolidation, or simplification of

compliance or reporting requirements

under the rule for small entities; (3) the

use of performance, rather than design,

standards; and (4) an exemption from

coverage of the rule, or any part thereof,

for small entities.

24

56. The proposals contained in the

Fifth NPRM are designed to provide

spectrum to support the introduction of

new advanced mobile and fixed

terrestrial wireless services. This action

is critical to the continuation of

technological advancement, furthers the

goals of the Telecommunications Act of

1996, and serves the public interest. We

are likewise committed to ensuring that

the disruption to incumbent operations

and the economic impact of this

proceeding on incumbent licensees is

minimal. As discussed in Section A,

supra, we have proposed to establish

rules based on our existing Emerging

Technologies relocation procedures to

govern the entry of new licensees into

the 2150–2160/62 MHz and 2160–2175

MHz bands. An alternative option

would be to offer no relocation process,

and instead require incumbent licensees

to cease use of the band by a date

certain and prohibit new licensees from

entering the band until that date. We

believe that an Emerging Technologies-

based relocation procedure is preferable,

as it draws on established and well

known principles (such as time-based

negotiation periods and the requirement

of negotiating in good faith), benefits

small BRS and FS licensees because the

proposals would require new AWS

licensees to pay for the costs to relocate

their incumbent operations to

comparable facilities, and—for small

AWS licensees—offers a process by

which new services can be brought to

the market expeditiously. Moreover, we

believe that the provision of additional

spectrum that can be used to support

AWS will directly benefit small

business entities by providing new

opportunities for the provision of

innovative new fixed and mobile

wireless services.

F. Federal Rules That May Duplicate,

Overlap, or Conflict With the Proposed

Rule

57. None.

Ordering Clauses

58. Pursuant to Sections 1, 4(i), 7(a),

301, 303(f), 303(g), 303(r), 307, 316, and

332 of the Communications Act of 1934,

as amended, 47 U.S.C. 151, 154(i),

157(a), 301, 303(f), 303(g), 303(r), 307,

316, and 332, this Fifth NPRM of

proposed rule making is adopted.

59. Notice is hereby given of the

proposed regulatory changes described

in this Fifth NPRM of proposed rule

making, and that comment is sought on

these proposals.

60. The Commission’s Consumer and

Governmental Affairs Bureau, Reference

Information Center, shall send a copy of

this Eighth Report and Order and Fifth

NPRM of proposed rule making,

including the Final Regulatory

Flexibility Analysis and the Initial

Regulatory Flexibility Analysis to the

Chief Counsel for Advocacy of the Small

Business Administration.

Federal Communications Commission.

Marlene H. Dortch.

Secretary.

[FR Doc. 05–21407 Filed 10–25–05; 8:45 am]

BILLING CODE 6712–01–P

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 Regulations:

Aluminum Cylinders Manufactured of

Aluminum Alloy 6351–T6 Used in

SCUBA, SCBA, Carbon Dioxide, and

Oxygen Service—Revised

Requalification and Use Criteria

AGENCY

:

Pipeline and Hazardous

Materials Safety Administration

(PHMSA), DOT.

ACTION

:

Supplemental notice of

proposed rulemaking.

SUMMARY

:

On September 10, 2003, the

Research and Special Programs

Administration—the predecessor agency

to the Pipeline and Hazardous Materials

Safety Administration published a

notice of proposed rulemaking (NPRM)

to propose an inspection and testing

program for early detection of sustained

load cracking in certain cylinders

manufactured with aluminum alloy

6351–T6. Based on comments received

in response to that NPRM, we are

proposing to adopt a maximum service

life for cylinders manufactured with

aluminum alloy 6351–T6 and to

prohibit the use of these cylinders after

the expiration of their maximum service

life.

DATES

:

Comments must be received by

December 27, 2005.

ADDRESSES

:

You may submit comments

to Docket No. PHMSA–03–14405 (HM–

220F) by any of the following methods:

•

Federal eRulemaking Portal: Go to

http://www.regulations.gov. Follow the

online instructions for submitting

comments.

•

DOT Web site: http://dms.dot.gov.

To submit comments on the DOT

electronic docket site, click ‘‘Comment/

Submissions,’’ click ‘‘Continue,’’ fill in

the requested information, click

‘‘Continue,’’ enter your comment, then

click ‘‘Submit.’’

•

Fax: 202–493–2251.

•

Mail: Docket Management System;

U. S. Department of Transportation, 400

Seventh Street, SW., Nassif Building,

Room PL–401, Washington, DC 20590–

0001.

•

Hand Delivery: Docket Management

System; 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.

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Instructions: You must include the

agency name and docket number

PHMSA–03–14405 (HM–220F) or the

Regulatory Identification Number (RIN)

for this notice at the beginning of your

comment. You should submit two

copies of your comments if you submit

them by mail. If you wish to receive

confirmation that we received your

comments, you must include a self-

addressed stamped post card. Note that

all comments received will be posted

without change to http://dms.dot.gov

including any personal information

provided. Please see the Privacy Act

section of this document.

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. Previously Published NPRM

III. Analysis of Comments

IV. Proposals in This SNPRM

V. Section-By-Section Review

VI. 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

List of Subjects

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.

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, that are regularly

detected during a diligent, proper

requalification process. Manufacturers

of cylinders made from the 6351–T6

aluminum alloy have performed

research, testing and analysis to

determine whether there is any

correlation between SLC and the

probability of a cylinder rupture. The

data indicated the cylinders would leak

but not rupture when operated at

marked service pressure. It was also

found 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 http://

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. United States manufacturers

discontinued using aluminum alloy

6351–T6 in the mid-1990s, replacing it

with aluminum alloy 6061–T6, which is

not susceptible to SLC. Cylinders

manufactured of aluminum alloy 6351–

T6 prior to July 1990 include seamless

aluminum cylinders marked ‘‘DOT

3AL’’, including those marked with

‘‘DOT 3AL’’ above or near one of the

following exemption or special permit

numbers: 6498, 7042, 8107, 8364, and

8422. We estimate approximately six

million U.S. cylinders manufactured

from aluminum alloy 6351–T6 are

currently in use in SCUBA, SCBA,

Carbon Dioxide (CO

2

), and oxygen

services.

The primary domestic manufacturers

of DOT 3AL cylinders currently in

service are Luxfer USA; Walter Kidde

Co.; Cliff Impact Division of Parker

Hannifin Corporation; and Catalina

Cylinders. The majority of the cylinders

are being used in six major services: (1)

SCUBA, (2) SCBA, (3) CO

2

, (4) oxygen,

(5) industrial gases, and (6) fire

extinguishers.

On August 8, 2002, we published a

final rule (Docket HM–220D, 67 FR

51626) amending the requirements of

the Hazardous Materials Regulations

(HMR; 49 CFR parts 171–180)

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) that made further revisions in

response to appeals. In the final rule

and the response to appeals, 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 from aluminum alloy 6351–T6

because cylinders manufactured with

this aluminum alloy have a greater risk

of failure than other aluminum

cylinders.

•

Prohibited these cylinders for

Hazard Zone A materials 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.

The HMR require DOT 3AL cylinders

to be requalified every five years (twelve

years for fire extinguishers) in

accordance with § 180.205. The

requalification performed under

§ 180.205 includes a visual inspection

(internal and external) and a volumetric

expansion test. During the visual

inspection, cylinders must be inspected

for evidence of SLC in the neck and

shoulder area. However, we understand

that in addition to the visual inspection

and volumetric expansion test, many

users and requalifiers are currently

performing an eddy current

examination. Approximately 2,000 eddy

current devices have been purchased by

various technicians in the dive, fire and

cylinder requalification industries to

examine aluminum cylinders for SLC.

Cylinder manufacturers report that a

large number of affected cylinders have

been removed from service because of

flaws discovered during eddy current

examinations.

II. Previously Published NPRM

On September 10, 2003, the Research

and Special Programs Administration,

the predecessor agency to the PHMSA,

published an NPRM proposing to

amend HMR requirements on aluminum

cylinders manufactured using

aluminum alloy 6351–T6. The NPRM

proposed a standard for early detection

of SLC to reduce the risk of a cylinder

rupture.

We evaluated the following three non-

destructive examination (NDE)

techniques—internal visual examination

(VE), eddy current examination (EE),

and ultrasonic examination (UE)—to

detect a critical-size crack. A cylinder

with a critical-size crack would be

removed from service. Under the

direction of PHMSA, Texas Research

Institute (TRI) evaluated these three

NDE (VE, EE, UE) methods by

performing blind examinations applied

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by individuals of varying skill levels

(See the Nondestructive Inspection of

High Pressure Aluminum Gas Cylinder,

Final Report, dated September 2000, at

http://hazmat.dot.gov/enforce/forms/

ohmforms.htm). TRI determined that

each NDE method was capable of

detecting SLC, but detection using VE

was limited by external factors, such as

the inspector’s eye sight, lighting,

position of the crack, and alertness of

the examiner. TRI also determined that

UE must be applied by a certified

technician to produce accurate results

in detecting SLC. TRI concluded EE

combined with a VE provides the most

accurate and practical examination for

detecting SLC. Both EE and VE can be

conducted by a requalifier with minimal

training.

In the NPRM, for cylinders

manufactured of aluminum alloy 6351–

T6 used in SCUBA (diving), SCBA

(firefighting), and oxygen service, we

proposed the following amendments:

•

Require cylinders to undergo a

combined visual and eddy current

examination.

•

Add a new Appendix C to Part 180,

to specify the procedure to conduct the

eddy current examination.

•

That suitable safeguards be

provided to protect personnel and

facilities should a cylinder fail during

the filling process.

•

That only individuals essential to

the filling process be allowed in the

vicinity of the cylinder 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, we requested

additional information from

manufacturers and users who were

aware of the rupture of any DOT 3AL

cylinder or any other cylinder

manufactured from aluminum alloy

6351–T6, whether the incident was

domestic or foreign, to submit the

information in their comments to this

rulemaking. More broadly, we invited

commenters to address the issue of

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.

III. Analysis of Comments

We received comments from several

individuals and organizations,

including cylinder manufacturers,

representatives of the SCUBA and

compressed gas industries, and eddy

current test equipment manufacturers.

In this supplemental notice, we discuss

comments submitted to the docket,

concerns raised by commenters, and our

decisions on specific issues.

A. Prohibited Use of 6351–T6 Cylinders

In response to the known

susceptibility of cylinders made of

aluminum alloy 6351–T6 to SLC, the

NPRM discussed three possible options,

which were evaluated as part of a cost-

benefit analysis to address existing

safety concerns: (1) Leaving the cylinder

in service without taking any additional

measures to reduce the risk, (2)

immediately removing all cylinders

made of aluminum alloy 6351–T6 from

service, or (3) performing a NDE at the

time of the cylinder’s periodic

requalification and requiring additional

operational controls (OC) during the

cylinder filling process. After careful

analysis, we selected the third option.

Several commenters suggest that

option (3) does not provide an adequate

level of safety. The commenters state

that SLC is a manufacturing problem,

and no level of testing will prevent

future incidents. These commenters

assert that the only way to prevent

future SLC incidents is to prohibit the

use of all aluminum alloy 6351–T6

cylinders. They also assert that the

safety benefits outweigh the costs

involved in removing these cylinders

from service and express concern that

the SLC problem will only get worse if

the cylinders remain in service.

We agree. However, the original

economic evaluation showed immediate

removal of these cylinders from service

would place an undue economic burden

on the affected industries. Although the

economic burden of immediate removal

is not justified, a gradual phase out of

these cylinders over time will address

the safety issue, and limit the costs

associated with removal of these

cylinders. Users of DOT 3AL cylinders

generally replace them with a new one

after 45–50 years. We revised the

economic analysis to examine the costs

of implementing option (3) with the

addition of a 40-year service life. The

economic analysis showed the addition

of a 40-year service life to option (3)

would provide an effective phase-out of

these cylinders over time without

imposing significant costs on the

affected industries. Since most of these

cylinders were manufactured prior to

1990, total removal of these cylinders

would be accomplished by the year

2030. In this SNPRM we are proposing

the addition of a 40-year service life on

existing DOT 3AL cylinders

manufactured of aluminum alloy 6351–

T6. Under this proposal, cylinders

would be prohibited from service when

they reach the end of a 40-year service

life. We are soliciting comments on

whether a 40-year period from the date

of manufacture is an appropriate service

life for these affected cylinders.

B. Combined Visual and Eddy Current

Testing

The NPRM proposed the addition of

a combined external visual and eddy

current examination at each required 5-

year periodic requalification for DOT

3AL cylinders manufactured of

aluminum alloy 6351–T6. The EE would

be performed in accordance with the

procedure outlined in Appendix C to

Part 180. The visual examination would

be conducted in accordance with CGA

Pamphlet C–6.1.

Some commenters express concern

over the five-year retest period as not

frequent enough to detect SLC. One

commenter states that experience has

shown SLC gradually becomes

noticeable 2–4 years before a

catastrophic event. The commenter

describes an incident in which a CO

2

cylinder leaked through the threads

during filling. The leak was a result of

SLC. The cracking was not visible at the

previous qualification, but in less than

a year’s time the crack became large

enough to leak product. Another

commenter asserts that cylinders filled

frequently (e.g., SCUBA) are more

susceptible to SLC and should be tested

more frequently than once every five

years. The commenter cites the dive

industry standard of conducting visual

inspections on an annual basis and

recommends reducing the retest period

to 2.5 years.

We disagree. Research has shown SLC

is a slow growing crack. A cylinder

manufactured of aluminum alloy 6351–

T6 properly examined using a

combination of an external visual and

the eddy current is not likely to develop

a critical SLC within a five year period.

Further, requiring a more frequent

examination would impose an

unnecessary burden on the regulated

community without significantly

increasing safety.

A few commenters express concern

about the qualification requirements for

inspectors who conduct the EEs. A large

number of the dive and fire industry EEs

are conducted by trained technicians

that have not been specifically approved

in accordance with § 107.805 to

requalify DOT specification cylinders.

Commenters suggest it may be difficult

to locate approved requalifiers with the

capability to conduct eddy current

examinations.

We recognize it may be difficult to

locate an inspector qualified to perform

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the EE and specifically approved in

accordance with § 107.805. In this

SNPRM we are proposing to require

each cylinder made of aluminum alloy

6351–T6 to be initially examined using

the eddy current/visual examinations

within 3 years from publication of a

final rule in the Federal Register. We

believe the transition period provides a

sufficient amount of time for inspectors

to obtain approval to perform eddy

current/visual examinations in

accordance with § 107.805. We are

soliciting comments on the proposed 3

year transition period for initial eddy-

current/visual examinations of the

affected cylinders.

C. Eddy Current and Visual

Examination Method (Part 180,

Appendix C)

Several commenters recommend

changes to the EE procedures specified

in proposed Appendix C to Part 180.

Some commenters suggest the

procedures provided in Appendix C to

Part 180 is outdated. They recommend

revising the language to more

appropriately reflect the terminology

used in the industry today. In addition,

some commenters suggest the procedure

is too specific. One commenter states,

‘‘by detailing the exact steps to be

followed and describing how the probe

must be handled, how the defect signal

should look, etc., you are in essence

stating that only one manufacturer’s

equipment is acceptable for the test.’’

These commenters note the operational

procedures for eddy current equipment

vary with the manufacturer and test

equipment. To avoid confusion and

conflicting procedures, these

commenters recommend requiring EEs

in accordance with the manufacturer’s

instructions. Some commenters

recommend revising Appendix C to Part

180 to list the elements that must be

included in the procedure, and the

criteria by which cylinders must be

condemned, without stating specific

procedural methods. They suggest this

will avoid limiting the industry to

specific procedures that may conflict

with current manufacturer

recommendations used by industry

today. One commenter states it is

inappropriate for PHMSA to refer to

equipment produced by specific

manufacturers when describing the

requirements for an appropriate EE and

suggest we remove any references to

equipment produced by a specific

manufacturer.

We agree with the commenters. The

procedures proposed in Part 180,

Appendix C may be too specific.

Further, it is not our intention to require

or endorse the use of eddy current

equipment supplied by a particular

manufacturer. In this SNPRM, we are

revising Part 180, Appendix C to

provide general eddy current and visual

examination procedures, recordkeeping

requirements, and personnel

qualifications. In addition, we are

proposing to require requalifiers to

develop, update, and maintain

examination procedures applicable to

the test equipment they use to perform

eddy current examinations.

The NPRM proposed that cylinders

found to have a two-thread crack in the

neck or shoulder area must be rejected.

Some commenters recommend revising

the rejection criteria to include any

crack in the cylinder, rather than any

two-thread crack. These commenters

suggest more stringent rejection criteria

will provide a higher level of safety.

We disagree. The rejection criteria

stated in the NPRM are based on the

size of the notch in the standard

reference ring used to calibrate the eddy

current equipment. Aluminum cylinder

manufacturers and eddy current experts

have conducted extensive research to

determine the SLC rejection criteria.

The two-thread length is based on a

correlation between SLC depth and

growth-rate. The SLC initiates from the

crown (shoulder) and proceeds toward

the neck of the cylinder. Research has

shown existing cracks shorter than two

threads are not likely to become critical

prior to the next requalification (five

years).

The regulations do not currently

specify whether the eddy current

examination should be conducted

before, or after the hydrostatic test. One

commenter requested clarification of

this issue. To clarify, the eddy current

and visual examination may be

performed either before or after the

hydrostatic examination.

D. Training

The NPRM proposed that in addition

to the periodic requalification and

marking described in § 180.205,

cylinders manufactured of aluminum

alloy 6351–T6 used in SCUBA, SCBA,

and oxygen services must be subjected

to an eddy current and visual

examination. The NPRM did not

propose additional training

requirements for persons performing

these examinations.

Some commenters express concern

that persons performing the

combination visual and eddy current

examination may not receive adequate

training to perform these tests. These

commenters suggest we add a formal

function-specific training requirement

for persons performing these

examinations.

We agree with the commenters. In this

SNPRM, we are proposing additional

training requirements in Part 180,

Appendix C for persons who perform

EEs combined with visual examinations

of DOT 3AL cylinders manufactured of

aluminum alloy 6351–T6. We are

soliciting comments on the proposed

training requirements.

E. CO

2

Service

The requalification method proposed

in the NPRM for aluminum cylinders

constructed of 6351–T6 aluminum alloy

would have applied only to cylinders

used in SCUBA, SCBA, and oxygen

service. We did not propose to require

cylinders used in CO

2

service to be

subjected to the visual and eddy current

examination.

One commenter expresses concern

that the proposed revision to the

requalfication method for aluminum

alloy cylinders does not include

cylinders used in CO

2

service. The

commenter states, ‘‘It is true that CO

2

beverage cylinders are typically filled to

lower pressures than those used in

SCUBA, SCBA and oxygen services.

However, the incidence of SLC is great

enough that we believe it compromises

safety to exclude any cylinders from the

proposed rule.’’ Another commenter

conducted an in-house survey of

condemned cylinders over a three year

period (2001–2003). The results of the

survey showed a significant number of

CO

2

cylinders condemned due to SLC.

We agree with commenters that

aluminum cylinders used in CO

2

service

are susceptible to SLC. In this SNPRM,

we propose to expand the scope of the

rulemaking to include CO

2

cylinders.

Many users of aluminum alloy cylinders

in the beverage service industry are

already conducting EEs. We believe

including CO

2

cylinders will further

enhance transportation safety.

F. Operational Controls for Filling

Aluminum Alloy Cylinders

In the NPRM, we proposed to add

operational controls during the filling of

cylinders constructed of aluminum

alloy 6351–T6. The proposed

operational controls included a

provision requiring the cylinder filler to

allow only those individuals essential to

the filling process to be in the vicinity

of the cylinder during the filling

process.

Commenters generally support this

requirement. One commenter suggests

the term ‘‘vicinity’’ is not clearly

defined and could lead to wide

interpretation. The commenter requests

we clarify the area that is intended to be

covered by the term ‘‘vicinity.’’

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We recognize the term vicinity could

be widely interpreted. The intent of this

requirement is to protect non-essential

personnel and innocent bystanders from

injury if a cylinder were to rupture

during filling. For purposes of this

requirement, vicinity means a location

near or around the filling operation that

would impose an unreasonable risk of

injury to an individual if the cylinder

were to rupture during the filling

process. The actual distance could vary

broadly depending upon the type of

safety mechanisms in place and the

actual square footage of a particular

filling location.

IV. Proposals in This SNPRM

In this SNPRM, we are revising

certain amendments originally proposed

in the NPRM, expanding the scope of

the rulemaking, and proposing

additional requirements for DOT 3AL

cylinders manufactured of aluminum

alloy 6351–T6. Proposed amendments

include:

•

Expanded requalification and use

requirements to include DOT 3AL

cylinders manufactured of aluminum

alloy 6351–T6 used in CO

2

service.

•

A 40-year service life for cylinders

manufactured of aluminum alloy 6351–

T6 and used in SCBA, SCUBA, oxygen

and CO

2

service.

•

Additional training requirements

for persons performing the eddy current

examination combined with a visual

inspection.

•

Modified procedures and

recordkeeping requirements for EEs.

•

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.

V. Section-by-Section Review

Part 173

Section 173.301

We are proposing to revise paragraph

(d) and add a new paragraph (o) to

impose a 40-year service life on

cylinders manufactured of aluminum

alloy 6351–T6 and used in SCBA,

SCUBA, oxygen and CO

2

service. The

40-year service life will promote safety

by phasing out the use of cylinders

susceptible to SLC.

Section 173.302

We are proposing to add a new

paragraph (e) to require that operational

controls must be in place during the

filling process for cylinders

manufactured of aluminum alloy 6351–

T6. The operational controls will reduce

the risk of injury and property damage

during the filling process.

Part 180

Section 180.205

We are proposing to revise paragraph

(f)(4) to provide reference to Part 180,

Appendix C for requalification

requirements for DOT 3AL cylinders

manufactured of aluminum alloy 6351–

T6.

Section 180.209

We are proposing to amend paragraph

(a), the entry for the DOT 3AL cylinder

in the ‘‘Requalification of Cylinders’’

table to add a reference to the new

paragraph (m). In addition, we propose

to add a new paragraph (m) to include

a NDE for cylinders manufactured of

aluminum alloy 6351–T6. The NDE will

be used to detect SLC in the neck and

shoulder area of the cylinder. The initial

NDE would be required within three

years following publication of a final

rule in the Federal Register, and every

five years thereafter.

Section 180.213

We are revising paragraph (d) and

adding a new paragraph (f)(8) to specify

the requalification marking

requirements for aluminum cylinders

successfully passing the combined eddy

current examination and visual

inspection. We are soliciting comments

on whether ‘‘VE’’ is a suitable marking

designation for cylinders passing the

examination.

Appendix C to Part 180

We are proposing to amend Appendix

C to Part 180 to provide acceptable

procedures, training and recordkeeping

requirements for performing the eddy

current examination and visual

inspection of cylinders manufactured of

aluminum alloy 6351–T6.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This

Rulemaking

This SNPRM 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 SNPRM proposes to

revise current HMR requirements

applicable to aluminum cylinders

manufactured using aluminum alloy

6351–T6. The purpose of the SNPRM 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.

B. Executive Order 12866 and DOT

Regulatory Policies and Procedures

This proposed 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

proposed 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

imposing a 40-year service life,

performing an 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. The annual

benefits of implementing the proposals

in this NPRM total $1,123,969 for

avoided injuries and fatalities compared

to an annual cost to the industry of

$669,130. The economic evaluation data

were based on information obtained

from cylinder manufacturers, industrial

gas companies, cylinder inspectors, and

on metallurgical evaluation of the

ruptured cylinders. A regulatory

analysis is available for review in the

docket.

C. Executive Order 13132

This proposed rule has been analyzed

in accordance with the principles and

criteria contained in Executive Order

13132 (‘‘Federalism’’). This proposed

rule would preempt 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 hazmat law, 49 U.S.C.

5101–5127, 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

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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 proposed 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 proposed 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 proposed 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

Polices 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

detailed Regulatory Flexibility analysis

is available for review in the docket.

This proposed 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 supplemental notice of

proposed rulemaking may result in a

modest increase in annual burden and

costs based on a new information

collection requirement. These proposals

regarding the shipment of aluminum

cylinders may result in a new

information collection requirement will

be submitted to OMB for review and

approval.

Section 1320.8(d), Title 5, Code of

Federal Regulations requires PHMSA to

provide interested members of the

public and affected agencies an

opportunity to comment on information

collection and recordkeeping requests.

This notice identifies a new information

collection request PHMSA will submit

to OMB for approval based on the

requirements in this supplemental

proposed rulemaking.

PHMSA has developed burden

estimates to reflect changes in this

SNPRM. PHMSA estimates the total

information collection and

recordkeeping burden as proposed

would be as follows:

OMB No. 2137–0022:

Total Annual Number of Responders:

139,352.

Total Annual Responses: 153,287.

Total Annual Burden Hours: 271,461.

Total Annual Burden Cost:

$2,615,515.

Total One-Time Start-Up Cost:

$964,000.

PHMSA specifically requests

comments on the information collection

and recordkeeping burdens associated

with developing, implementing, and

maintaining these requirements for

approval under this proposed rule.

Address written comments to the

Dockets Unit as identified in the

ADDRESSES

section of this rulemaking.

We must receive your comments prior

to the close of comment period

identified in the DATES section of this

rulemaking. Under the Paperwork

Reduction Act of 1995, no person is

required to respond to an information

collection unless it displays a valid

OMB control number. If these proposed

requirements are adopted in a final rule,

PHMSA will submit the revised

information collection and

recordkeeping requirements to the

Office of Management and Budget for

approval.

Requests for a copy of this

information collection should be

directed to Deborah Boothe or T. Glenn

Foster, Office of Hazardous Materials

Standards (PHH–11), Pipeline and

Hazardous Materials Safety

Administration, Room 8430, 400

Seventh Street, SW., Washington, DC

20590–0001, Telephone (202) 366–8553.

We will publish a notice advising

interested parties of the OMB approval

for this information collection request

when approved by OMB.

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. Under the

Paperwork Reduction Act of 1995, no

person is required to respond to an

information collection unless it displays

a valid OMB control number.

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 proposed 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 proposed 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 cylinder

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filling process and to adopt a standard

for early detection of sustained load

cracking 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 http://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.

In consideration of the foregoing, we

propose to amend 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:

Authority: 49 U.S.C. 5101–5127, 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:

§ 173.301

General requirements for

shipment of compressed gases in cylinders

and spherical 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 and used in self-

contained underwater breathing

apparatus (SCUBA), self-contained

breathing apparatus (SCBA), oxygen, or

CO

2

services has a 40-year service life

from the date of manufacture. No person

may fill and offer for transportation or

transport a DOT 3AL cylinder made of

aluminum alloy 6351–T6 that has been

in service longer than forty years.

However, a cylinder in transportation or

a cylinder filled prior to the expiration

of its authorized service life may be

transported for reprocessing or disposal

of the cylinder’s contents. A DOT 3AL

cylinder manufactured of aluminum

alloy 6351–T6 may not be filled and

offered for transportation or transported

with pyrophoric gases.

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

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),

oxygen and Carbon dioxide services.

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

4. The authority citation for part 180

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

5. In § 180.205, paragraph (f)(4) is

revised to read as follows:

§ 180.205

General requirements for

requalification of cylinders.

*

*

*

*

*

(f) * * *

(4) In addition to other requirements

prescribed in this paragraph (f), a

specification cylinder made of

aluminum alloy 6351–T6 must be

inspected for sustained load cracking in

accordance with Appendix C of this

part.

*

*

*

*

*

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:

§ 180.209

Requirements for requalification

of specification cylinders.

*

*

*

*

*

(a) * * *

T

ABLE

1.—R

EQUALIFICATION OF

C

YLINDERS

1

Specification under which cylinder was made

Minimum test pressure (psig.)

2

Requalification period (years)

*

*

*

*

*

*

*

DOT 3AL ...........................................................

5/3 times service pressure ...............................

5 or 12 (see § 180.209(j) and § 180.209(m)

3

).

*

*

*

*

*

*

*

1

Any cylinder not exceeding 2 inches outside diameter and less than 2 feet in length is excepted from volumetric expansion test.

2

For cylinders not marked with a service pressure, see § 173.301(e)(1) of this subchapter.

3

This provision does not apply to aluminum cylinders used in fire extinguisher service.

*

*

*

*

*

(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 as a self-contained

underwater breathing apparatus

(SCUBA), a self-contained breathing

apparatus (SCBA), or in oxygen or

Carbon dioxide 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

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Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules

§ 180.205(i). This provision does not

apply to aluminum cylinders used in

fire extinguisher service or industrial

gases in other than Carbon dioxide

service.

R

EQUALIFICATION AND

I

NSPECTION OF

DOT–3AL C

YLINDERS

M

ADE OF

A

LUMINUM

A

LLOY

6351–T6

Requalification requirement

Examination procedure

1

Sustained load cracking

rejection criteria

2

Requalification pe-

riod

(years)

3

Eddy current examination

combined with visual in-

spection.

In accordance with Appendix C of this part. Visual inspec-

tion—In accordance with CGA Pamphlet C–6.1 (IBR; see

§ 171.7 of this subchapter).

Any 2-thread crack in the

neck or shoulder area.

5

1

The requalifier performing eddy current must be familiar with the eddy current equipment and must standardize (calibrate) the system in ac-

cordance with the requirements provided in Appendix C to this part.

2

The eddy current must be applied from the inside of the cylinder’s neck to detect any sustained load cracking that has expanded into the

neck threads.

3

Each cylinder must receive an initial inspection using the eddy current examination combined with visual inspection prior to [DATE THREE

YEARS FOLLOWING THE PUBLICATION DATE OF THE FINAL RULE IN THE Federal Register] and every 5 years thereafter.

7. In § 180.213, paragraph (d)

introductory text is revised and a new

paragraph (f)(8) is added to read as

follows:

§ 180.213

Requalification markings.

*

*

*

*

*

(d) Requalification markings. Each

cylinder that has successfully passed

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 1998,

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

98

X

32

Where:

‘‘9’’ is the month of requalification

‘‘A123’’ is the RIN

‘‘98’’ is the year of requalification, and

‘‘X’’ represents the symbols described in

paragraphs (f)(2) through (f)(8) of

this section.

*

*

*

*

*

(f) * * *

(8) For designation of the eddy

current examination combined with a

visual inspection, the marking is as

illustrated in paragraph (d) of this

section, except that the ‘‘X’’ is replaced

with the letters ‘‘VE.’’

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

that performs 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 before and

after the eddy current examination and 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

the outer diameter (O.D.) of each cylinder to

be tested. The reference ring must include

artificial notches that will simulate a neck

crack. The size of the artificial notch (depth

and length) must have a depth equal to

1

⁄

3

of

the wall thickness of the neck and a length

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. Rejection Criteria. A cylinder must be

rejected if the eddy current examination

reveals any crack in the neck of 2 thread

lengths or more.

6. Examination equipment records.

Records of eddy current inspection 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 must 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, and date

of manufacture.

(iii) Name of test operator performing the

eddy current examination.

(iv) Date of eddy current examination.

(v) Location and type of defect on the

cylinder crown or the threaded neck (e.g., 5

threads).

(vi) Acceptance/rejection 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 satisfy one of the

following qualification requirements:

(i) Is certified to a minimum Level I in

accordance with the American Society for

Nondestructive Testing (ASNT)

Recommended Practice SNT–TC–1A; or

(ii) Has received a certification by the

employer or the eddy current equipment

manufacturer that he/she has been 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 October 17,

2005, under authority delegated in 49 CFR

parts 1.45 and 1.53.

Robert A. McGuire,

Associate Administration for Hazardous

Materials Safety.

[FR Doc. 05–21273 Filed 10–25–05; 8:45 am]

BILLING CODE 4910–60–P

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