61762 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules 

24See 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 Technologiesbased 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. 

Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules 61763 

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 selfaddressed 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, nonleaking 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 nondestructive 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 

61764 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules 

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 costbenefit 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 

Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules 61765 

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 eddycurrent/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. CO2 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 CO2 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 CO2 service. The 

commenter states, ‘‘It is true that CO2

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 

CO2 cylinders condemned due to SLC. 

We agree with commenters that 

aluminum cylinders used in CO2 service 

are susceptible to SLC. In this SNPRM, 

we propose to expand the scope of the 

rulemaking to include CO2 cylinders. 

Many users of aluminum alloy cylinders 

in the beverage service industry are 

already conducting EEs. We believe 

including CO2 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.’’

61766 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules 

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 CO2 service. 

• A 40-year service life for cylinders 

manufactured of aluminum alloy 6351–

T6 and used in SCBA, SCUBA, oxygen 

and CO2 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 CO2 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 

Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules 61767 

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 

61768 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules 

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 selfcontained underwater breathing 

apparatus (SCUBA), self-contained 

breathing apparatus (SCBA), oxygen, or 

CO2 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), selfcontained 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) * * * 

TABLE 1.—REQUALIFICATION OF CYLINDERS 1

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

* * * * * * * 

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

* * * * * * * 

1Any cylinder not exceeding 2 inches outside diameter and less than 2 feet in length is excepted from volumetric expansion test.

2For cylinders not marked with a service pressure, see § 173.301(e)(1) of this subchapter. 3This 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 

Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules 61769 

§ 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. 

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

Requalification requirement Examination procedure 1 Sustained load cracking 

rejection criteria 2

Requalification period 

(years) 3

Eddy current examination 

combined with visual inspection.

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 2-thread crack in the 

neck or shoulder area.

5 

1The 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. 2The 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. 3Each 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