{"operation":"document","citation":"60 FR 54008","title":"Periodic Inspection and Testing of Cylinders","source_type":"rulemaking","agency":"Research and Special Programs Administration","status":"proposed","official":true,"published_on":"1995-10-18","effective_on":null,"summary":"RSPA proposes to amend the requirements contained in the Hazardous Materials Regulations pertaining to the maintenance and requalification of DOT specification and exemption cylinders used for transportation of compressed gases in commerce. The proposed changes would clarify current inspection and retest requirements, incorporate certain regulatory interpretations and add new provisions. The intent of the changes is to enhance public safety by providing greater guidance to persons who perform periodic inspection and testing of cylinders.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-95-25584.json","markdown":"https://regulus.evalyn.ai/document/federal-register-95-25584.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-95-25584","source_url":"https://www.federalregister.gov/documents/1995/10/18/95-25584/periodic-inspection-and-testing-of-cylinders","body":"Federal Register, Volume 60 Issue 201 (Wednesday, October 18, 1995) [Federal Register Volume 60, Number 201 (Wednesday, October 18, 1995)] [Proposed Rules] [Pages 54008-54019] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 95-25584] [[Page 54007]] _______________________________________________________________________ Part IV Department of Transportation _______________________________________________________________________ Research and Special Programs Administration _______________________________________________________________________ 49 CFR Parts 171 and 173 Periodic Inspection and Testing of Cylinders; Proposed Rule Federal Register / Vol. 60, No. 201 / Wednesday, October 18, 1995 / Proposed Rules [[Page 54008]] DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 171 and 173 [Docket No. HM-220A, Notice No. 95-13] RIN 2137-AC59 Periodic Inspection and Testing of Cylinders AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Notice of Proposed Rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: RSPA proposes to amend the requirements contained in the Hazardous Materials Regulations pertaining to the maintenance and requalification of DOT specification and exemption cylinders used for transportation of compressed gases in commerce. The proposed changes would clarify current inspection and retest requirements, incorporate certain regulatory interpretations and add new provisions. The intent of the changes is to enhance public safety by providing greater guidance to persons who perform periodic inspection and testing of cylinders. DATES: Comments must be received by December 15, 1995. ADDRESSES: Address comments to Dockets Unit (DHM-30), Office of Hazardous Materials Safety, Research and Special Programs Administration, U.S. Department of Transportation, Washington, DC 20590-0001. Comments should identify the docket and notice number and be submitted, when possible, in five copies. Persons wishing to receive confirmation of receipt of their comments should include a self- addressed, stamped postcard. The Dockets Unit is located in Room 8421 of the Nassif Building, 400 Seventh Street SW, Washington DC 20590- 0001. Office hours are 8:30 a.m. to 5:00 p.m., Monday through Friday, except on public holidays when the office is closed. FOR FURTHER INFORMATION CONTACT: Theresa Gwynn or Hattie L. Mitchell, telephone (202) 366-4488, Office of Hazardous Materials Standards, Research and Special Programs Administration, Department of Transportation, 400 Seventh Street SW, Washington DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Background The Federal hazardous material transportation law (Federal hazmat law), 49 U.S.C. 5101-5127, authorizes the Secretary of Transportation to regulate the manufacture and continuing qualification of packagings (1) used to transport hazardous materials in commerce, or (2) certified under Federal hazmat law for the transportation of hazardous materials in commerce, whether or not actually used for that purpose. The Hazardous Materials Regulations (HMR), 49 CFR parts 171-180, contain requirements for periodic inspection and testing of cylinders subject to the Federal hazmat law, including the frequency and manner of inspection and testing, standards for cylinder rejection and condemnation, and cylinder marking and recordkeeping. Federal authority to regulate the transportation of compressed gases originated in a 1921 amendment to the Transportation of Explosives Act, 35 Stat. 1135, Sec. 233 (March 4, 1909). The amendment, at 41 Stat. 1445, Sec. 233, authorized the Interstate Commerce Commission (ICC) to regulate the packing, marking, loading, handling and transportation of compressed gases by common carriers. Under this authority, in 1930 the ICC implemented regulations for periodic inspection and testing of cylinders; the regulations, as amended, were first published in the Federal Register on December 12, 1940 (5 FR 4908). Ten years later, the regulations were codified into the Code of Federal Regulations (15 FR 8261; Dec. 2, 1950). In 1967, pursuant to the Department of Transportation Act, Pub. L. 89-670, 80 Stat. 931, regulatory jurisdiction over the packaging of dangerous articles for transportation was transferred from the ICC to the Department of Transportation; those sections governing cylinder inspection and testing were moved to their present location in 49 CFR 173.34 (32 FR 5606; April 5, 1967). The cited authority for the hazardous materials regulations is no longer the Transportation of Explosives Act but rather the Federal hazmat law. Federal hazmat jurisdiction extends beyond common carriers, to all transportation in commerce by highway, rail, air or water. Through rulemaking and the issuance of exemptions from the regulations under 49 CFR part 107, subpart B, aluminum and composite cylinders now are authorized for use in addition to steel. Nevertheless, apart from substitution of the ``DOT'' identifier for the ``ICC'' identifier, the present basic inspection and testing requirements, at Sec. 173.34(e) (1)-(6) and related sections, largely are unchanged from the initial 1940 publication. The regulations have been refined by interpretation in the process of enforcement and in response to public inquiries. Thus, certain periodic inspection and testing requirements, such as those pertaining to standards for visual inspection, calibration of the retest apparatus, retest performance and recordkeeping, are not explicit in the HMR. RSPA has worked closely with the cylinder manufacturing and maintenance industries in developing interpretations consistent with sound industry practice and in communicating these interpretations to the regulated community. Nevertheless, RSPA inspections and inquiries have shown that the regulatory requirements are not sufficiently clear to some cylinder retesters. This raises concerns both about visual inspection and testing being conducted fully consistent with safe practices and, in enforcement, about fair notice of what the requirements are. Accordingly, RSPA proposes to revise the existing language to incorporate the RSPA interpretations and certain industry consensus standards and practices into the regulations. Under Executive Order 12866 and the Regulatory Policies and Procedures of the Department of Transportation, 44 FR 11034, a regulatory evaluation comparing the public costs and benefits of alternative rulemaking actions must be prepared unless the rule has a minimal cost impact. Because the proposed changes would clarify the regulations as presently enforced, or incorporate new requirements that are consistent with industry practice, the cost impact of the rule is expected to be minimal. Therefore, RSPA has prepared no regulatory evaluation. RSPA invites comments on potential cost impacts it may not have considered. If comments indicate that costs of the rule would not be minimal, RSPA will prepare a regulatory evaluation. II. Proposal Section 173.34 Revision of Sec. 173.34(e) Heading. The proposed rule would revise the heading of paragraph (e) from ``Periodic retesting, reinspection and marking of cylinders'' to ``Periodic qualification and marking of cylinders.'' RSPA believes this heading more clearly indicates the subject matter of the paragraph, and avoids redundancy. Further, it has been argued in at least one enforcement case involving the charging of foreign cylinders for export under Sec. 173.301(j) that paragraph (j)(1), requiring ``retesting'' in compliance with Sec. 173.34(e), is unenforceable when there is no evidence that the foreign cylinder previously has been ``tested.'' [[Page 54009]] Revising the heading of paragraph (e) and amending Sec. 173.301(j)(1) as proposed in this notice would eliminate misunderstandings of the testing requirement. This revision is for clarification, and would not change the scope of Sec. 173.34(e). Revision of Retest Table. Currently, requirements applicable to foreign cylinders are contained in two separate table entries. Under the proposed rule, the table entry prescribing the minimum retest pressure and a five-year retest period for ``[a]ny cylinder with marked test pressure'' would be removed and the entry for ``[f]oreign cylinder charged for export'' would be revised to specify a retest period of five-years. Comment is invited as to whether table entries are needed to specify retest pressure or frequency for any specification, exemption or special permit cylinder authorized for the transportation of hazardous material in commerce. General Requirements and Retester Authorization. Current paragraph (e) of Sec. 173.34 would be substantially revised. Proposed paragraph (e)(1) would set forth the general requirement that each DOT specification or exemption cylinder must be periodically inspected, tested and marked in accordance with Sec. 173.34 by or under the supervision of a RSPA-authorized retester. It would prohibit use of a DOT specification or exemption cylinder that is required to be periodically inspected or tested for transportation of a hazardous material in commerce unless the cylinder is marked with an inspection or test date indicating that it is qualified for use. The procedure to obtain retester authorization, in the form of the retester identification number (RIN), and to renew the authorization would be specified in paragraph (e)(2). Proposed paragraph (e)(2) would contain three new requirements. First, a retester's authority to mark a cylinder with a RIN and an inspection or test date would be contingent on the retester operating in compliance with the terms of the RIN issuance letter. Second, a retester would be required to inform RSPA in writing of any change in cylinder qualification personnel or testing equipment within 20 days. Presently, RSPA imposes these two requirements under the terms of the RIN issuance letter. Third, a retester would be required to maintain, at the facility, the relevant parts of 49 CFR, the current exemptions for all exemption cylinders inspected, retested or marked, and all Compressed Gas Association (CGA) pamphlets incorporated by reference in Sec. 171.7 that apply to the retester's activities. It is RSPA's experience that retest facilities operating in accordance with sound business practice maintain current copies of these materials. As a hazmat employer, a retester is responsible for properly training any employee who performs cylinder requalification functions. This also applies to an employee of an independent inspection agency. Independent inspection agencies are not RSPA agents or representatives. Nothing in the regulations relieves either party from its obligation for ensuring compliance with the HMR. Visual Inspection. Current paragraph (e) requires visual internal and external inspection in accordance with CGA Pamphlet C-6, ``Standards for Visual Inspection of Compressed Gas Cylinders,'' which contains inspection standards for steel cylinders. This provision was enacted before DOT's approval of aluminum and composite cylinders for transportation of compressed gases and before CGA publication of inspection standards for aluminum and composite cylinders. RSPA proposes, in new paragraph (e)(3), to require inspection of aluminum and composite cylinders in accordance with CGA Pamphlet C-6.1 (``Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders'' (1995)), CGA Pamphlet C-6.3 (``Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders'' (1991)), and CGA Pamphlet C-6.2 (``Guidelines for Visual Inspection and Requalification of Fiber Reinforced High Pressure Cylinders'' (1988)). These documents would be incorporated by reference in Sec. 171.7. Proposed paragraph (e)(3) explicitly would require a retester to comply with cylinder approval, rejection and condemnation criteria set forth in CGA Pamphlet C-6, C-6.1, C-6.2 or C-6.3, as applicable. No new inspection requirements would be imposed. Retesting. Proposed paragraph (e)(4) would prescribe procedures for cylinder volumetric pressure retesting, confirming system calibration, and standards for the accuracy and resolution of pressure/expansion test systems. The existing requirements would be clarified and several new provisions would be added. Proposed paragraph (e)(4)(i) would establish that retest, unless otherwise provided in Sec. 173.34(e), means testing by a method that measures a cylinder's total and permanent expansions at prescribed test pressure. While it is expected that nearly all retesting will be by internal pressurization of a cylinder suspended in a water jacket (i.e., hydrostatic retesting), a retester would be permitted to use other methods meeting resolution and accuracy standards. A strict reading of current paragraph (e)(3) can lead to misinterpretations of two key concepts: device accuracy (i.e., how truthfully the system displays, or records, the actual pressure or expansion being measured); and device resolution (i.e., the smallest incremental unit that a measuring instrument or system must be capable of being read to, or recorded from, so as to meet or exceed the measurement accuracy requirement). Pressure and expansion indicating devices are compared against a calibrated standard daily to check their accuracy. However, if the scale of the indicating device does not show the proper resolution, the accuracy of the reading is not assured. Currently, (e)(3) addresses expansion gauge accuracy, but not resolution, and pressure gauge resolution, but not accuracy. Proposed paragraph (e)(4)(ii) would set clear resolution standards for both pressure and expansion indicating devices, while paragraph (e)(4)(iii) would set clear accuracy standards for both. First, proposed paragraph (e)(4)(ii) would require the pressure indicating device to have sufficient resolution to indicate the pressure to within 1% of the minimum prescribed test pressure of any cylinder retested (see example below). Second, the device for measuring cylinder expansion must have sufficient resolution to indicate expansion to within 1% of the total expansion of any cylinder retested. An exception would be retained for cylinders of less than 10 cubic centimeters total expansion, for which resolution to 0.1 cubic centimeter would be permitted. Finally, the paragraph would codify industry practice of midpoint interpolation to achieve the required degree of resolution. For instance (in a system using pressure gauges), if a pressure gauge reads only in increments of 50 psi, and the minimum prescribed test pressure for a cylinder to be tested is 1000 psi, the gauge would show insufficient resolution to determine accuracy. A gauge of finer scale is needed. To achieve the required resolution, the gauge divisions should permit reading of pressures to within 1% of the cylinder's minimum prescribed test pressure (1% of 1000 psi = 10 psi). Since mid-point interpolation is permissible, a gauge of no greater than 20 psi increments can be used for this example (half of 20psi is 10psi, the required resolution). Presently, paragraph (e)(3) specifies no calibration frequency to establish retest apparatus pressure and cylinder expansion accurately to plus or minus [[Page 54010]] one percent of true pressure and expansion values. CGA Pamphlet C-1 recommends that calibration be confirmed each day before retesting. RSPA's experience is that most retesters confirm calibration daily as a matter of sound operating practice. Proposed paragraph (e)(4)(iii), consistent with industry practice, would require daily confirmation of calibration before retesting to assure both expansion and pressure gauge accuracy. Comments are solicited on whether calibration is required more or less frequently, and whether, for example, it is appropriate to require a calibration check at the beginning of each shift (for those facilities operating more than one shift per day), for each change in retest operator, or at some other frequency. A strict reading of current paragraph (e)(4) requires that system calibration has been demonstrated at each pressure at which a cylinder is retested. The retester's ability to control test pressure, however, is limited by pump characteristics, system idiosyncrasies, and residual cylinder expansion. Further, a calibrated cylinder may not be certified at each pressure at which a retester wishes to perform a hydrostatic test. For these reasons, RSPA is proposing, in paragraph (e)(4)(iii), to allow two means of demonstrating calibration. First, as at present, a retester may show calibration at test pressure. Alternatively, a retester, on a given day, simply may perform calibrated cylinder runs at pressures above and below test pressures for that day. A retester is not authorized to perform a hydrostatic test at a pressure above the highest pressure or below the lowest pressure at which the calibrated cylinder has demonstrated calibration on that day. The calibration certificate for a calibrated cylinder establishes true total expansions at a range of pressures, generally at each 1000 pounds per square inch (psi). During system calibration, the operator must compare the system pressure or the total expansion reading with the actual reading on the calibration certificate for that pressure or total expansion. Proposed paragraph (e)(4)(iv) would require retesters to maintain calibrated cylinder certificates, as is current industry practice. Proposed new paragraph (e)(4)(v) would restate existing requirements for cylinder retesting, including the requirement to hold minimum test pressure for at least 30 seconds and as long as necessary for full cylinder expansion and the prohibition on pressurizing a cylinder above 90 percent of test pressure before a retest. As under current regulations, when the system apparatus fails to hold pressure after test pressure has been reached, retest is authorized at a pressure increased by 10 percent or 100 psi, whichever is less. Language would be added to emphasize that a second retest is authorized only if the apparatus has failed to hold test pressure, and not if a cylinder has exhibited excessive expansion. RSPA also is considering: (1) Specifying the period of time a retester must wait before retest, after applying more than 90 percent of test pressure; (2) limiting the number of permissible retests after apparatus failure; and (3) specifying a standard for condemnation in the event of overpressurization. Comments are specifically invited on these issues. Cylinder Rejection/Condemnation. Proposed paragraphs (e)(5) and (e)(6) would contain requirements for rejection and condemnation of cylinders. A ``rejected cylinder'' is one that is determined by visual examination to be not in proper condition to be presented or used as a specification packaging for the transportation of hazardous material, but that is authorized to be repaired or rebuilt. The current regulations incorporate rejection and repair standards of CGA Pamphlet C-6 through paragraph (e)(1), which requires inspection in accordance with that pamphlet. The proposed rule would create a separate paragraph defining ``rejection'' and explicitly incorporating the rejection criteria of CGA Pamphlets C-6, C-6.1, C-6.2, and C-6.3 for steel, aluminum and composite cylinders, as applicable. A provision, contained in current paragraph (e)(4), stating that a cylinder condemned for excessive permanent expansion on retest may be requalified by reheat treatment would be removed. Requalifying cylinders by reheat treatment is often not practical or consistent with common industry practice. A condemned cylinder is one that may not be presented or used as a specification packaging for transportation of hazardous materials, and for which requalification is not authorized. Under the current regulations, a cylinder must be condemned if: (1) It meets a CGA Pamphlet C-6 criterion for condemnation on visual inspection; (2) it exceeds permissible permanent expansion on retest and is not authorized for reheat treatment; (3) it leaks or evidences damage indicating that it is likely to be weakened appreciably and is not authorized for repair or rebuilding; (4) for an exemption cylinder, it meets another condemnation criterion specified in the exemption; or (5) for a DOT 3HT cylinder governed by paragraph (e)(13), elastic expansion exceeds the marked rejection elastic expansion. For both rejected and condemned cylinders, proposed paragraphs (e)(5)(ii) and (e)(6)(ii) would require the retester to notify the cylinder owner in writing of the cylinder's status, prescribed remedial actions that can be taken (in the case of a rejected cylinder), and that the cylinder may not be used as a specification packaging for the movement of hazardous materials. Requiring written notification would offer greater assurance that cylinder owners are made aware of potentially unsafe cylinders. The proposed rule would not change the present condemnation standards, except for explicitly adding evidence of cracking as a basis to condemn a cylinder. To add assurance that a condemned cylinder will not be returned to service, the retester would stamp a series of X's over the DOT specification number and service pressure or the word ``CONDEMNED'' on the shoulder, top head, or neck of the cylinder using a steel stamp. The retester would not be required to stamp the cylinder if, on the direction of the owner, the retester rendered the cylinder incapable of holding pressure in some fashion (e.g., by damaging the cylinder threads or drilling through the cylinder wall). Comments are particularly invited on the proposed requirements to stamp condemned cylinders. RSPA wishes to gain additional information on present retester practices of handling rejected and condemned cylinders, the costs and benefits of the requirements, the need for the requirements, their effect on retester operating practices, and alternatives to ensure that rejected and condemned cylinders are removed from hazardous material service where use of a specification packaging is required. Recordkeeping. Current paragraph (e)(5) states that ``[r]ecords showing the result of reinspection and retest must be kept.'' RSPA has applied this regulation to require that the retester, for each cylinder inspected or tested, record the information necessary to confirm that the retest was conducted under the required conditions (i.e., at correct test pressure), indicate the results of inspection and retest, and enable the results to be traced to the cylinder inspected or tested. Specifically, the records must identify the cylinder, date, results of visual examination, test pressure, test results (including expansion data) and cylinder disposition. To identify the cylinder, RSPA has required, consistent with CGA Pamphlet C-1, that retesters record [[Page 54011]] the cylinder specification or exemption number, the service pressure, the serial number and the cylinder owner. To RSPA's knowledge, most retesters use retest sheets containing these entries and record this information as standard operating practice. Nevertheless, prescribing explicitly the information required to be in test records should benefit retesters and improve recordkeeping practices. RSPA proposes to require the retest record to contain those entries presently required, as well as the cylinder manufacturer's name or symbol, cylinder dimensions and identification of the retest operator. For cylinders qualified for overfill by a plus (+) marking, the retest record must indicate the method by which wall stress computations pursuant to Sec. 173.302(c) were made. This notation may be entered in the ``Remarks'' column of the retest sheet. The rule explicitly would require recordation of tests not completed due to failure of the apparatus to hold test pressure. The record for a subsequent test would be required to include the date of the earlier test. This information also could be entered in the ``Remarks'' column on the retest sheet. CGA Pamphlet C-1 recommends that retesters record calibrated cylinder expansions used to confirm retest apparatus calibration. In RSPA's experience, most retesters record these expansions, even though not required by the current regulations. If calibration checks are not recorded, a retester, particularly if it employs more than one retest operator during a shift or an operating day, has no means of ensuring apparatus calibration before testing or confirming that the apparatus was accurate on any given day. The proposed rule would require that calibration runs be recorded, in chronological order, with retest records for that day. A retester who marks a cylinder for overfill under the conditions of Sec. 173.302(c) would be required to retain records of wall stress computations. Wall stress may be determined through a method that does not require computation, such as the use of an elastic expansion limit provided by the cylinder manufacturer. This provision would not limit the retester in its choice of method, but simply require that the method be noted and computations, if required by the method used, be retained. Finally, proposed paragraph (e)(8) would require each retester to maintain at its facility its RIN issuance letter from RSPA; a copy of the renewal application, if renewal is pending; copies of notifications to RSPA since issuance of the most recent RIN letter of changes in equipment or personnel; and most recent certificates of calibration for all calibrated cylinders. Currently, the RIN issuance letter contains a requirement that the letter be posted at the retest facility. RSPA believes that maintenance of the other documents is standard retester operating practice and that, in any event, the cost of doing so is insignificant. RSPA invites comments on these conclusions. Section 173.301 Foreign Cylinders for Export. Under the present regulations, a foreign cylinder not manufactured, inspected, tested and marked in accordance with part 178 may be filled in the United States only for export. Further, the cylinder may be filled for export only if it is marked as having been, and has been, inspected and retested in compliance with Sec. 173.34(e), and it meets maximum filling density and service pressure requirements. This marking would not contain the RIN, only the month and year of the test. Section 173.301(j) would be revised in minor respects to clarify these requirements. Section 173.302 Computing Wall Stress for Overfill Authorization. Currently, Sec. 173.302(c) permits filling of DOT 3A, 3AX, 3AA, 3AAX and 3T cylinders to 110 percent of marked service pressure under prescribed conditions. One condition for overfill, at paragraph (c)(3), is that neither the average nor the maximum wall stress in the cylinder, at test pressure, exceeds the applicable value stated in that paragraph. The proposed rule would amend paragraph (c)(3) in three respects. First, it would clarify the existing requirement that neither average nor maximum wall stress may exceed the specified value. Second, it would amend Note 1 to paragraph (c)(3) to explicitly authorize the existing industry practice of using the experimental K factor obtained from CGA Pamphlet C-5 to compute average wall stress. Third, it would add a Note 3 to explicitly authorize the industry practice of ensuring compliance with the wall stress limitations of paragraph (c)(3) by computing an elastic expansion rejection limit and comparing elastic expansion derived during retest. Comments are invited on whether other methods that may not presently be authorized by paragraph (c)(3) may be used to compute accurately the average or maximum wall stress. Section 173.309 Retest requirements for fire extinguishers. Paragraph (b) provides for DOT specification cylinders used as fire extinguishers. Cylinders containing certain fire extinguishing agents such as ammonium phosphate, sodium bicarbonate, potassium bicarbonate, potassium imido dicarboxamide and bromochlorodifluromethane or bromotrifluoromethane, which are commercially free from corroding components and meeting certain conditions, are authorized to meet a longer retest interval in accordance with current Sec. 173.34(e)(18). The Fire Equipment Manufacturers' Association, Inc. (FEMAI) petitioned (P-1216) RSPA to move the conditions for extending the retest interval from Sec. 173.309 to Sec. 173.34(e)(18). FEMAI stated that this change would clarify that carbon dioxide fire extinguishers do not qualify for the special retest provisions in Sec. 173.34(e)(18). RSPA agrees with FEMAI that these changes should be made. In this proposed rule, the retest criteria for these cylinders are revised and moved to proposed Sec. 173.34(e)(21). Revised Sec. 173.309(b) would prescribe specification cylinders authorized for transportation under the proper shipping name ``fire extinguishers.'' In a different petition (P-1217), FEMAI stated that DOT 3E cylinders are used as fire extinguishers and requested that this specification be added. RSPA agrees and proposes to include the DOT 3E specification in Sec. 173.309(b). Also in this paragraph, RSPA proposes to remove a limitation on the dew point for the expellant gas, which is not a requirement under Sec. 173.309(a) for gases in non-specification cylinders used as fire extinguishers. Parts 171 and 173 Miscellaneous Technical Revisions. The proposed rule would amend several other regulations for update and for purposes of clarity only. In Sec. 171.7, several CGA standards incorporated by reference would be updated: CGA Pamphlet C-6, ``Standards for Visual Inspection of Steel Compressed Gas Cylinders'' would be updated from the 1984 to the 1993 edition; CGA Pamphlet C-12, ``Qualification Procedure for Acetylene Cylinder Design'' would be updated from the 1979 to the 1994 edition; CGA Pamphlet C-13, ``Guidelines for Periodic Visual Inspection and Requalification of Acetylene Cylinders'' would be updated from the 1985 to the 1992 edition (responds to P-1241); and CGA Pamphlet S-1.1.1, Pressure Relief Device Standards--Part 1--Cylinders for [[Page 54012]] Compressed Gases,'' would be updated from the 1989 to the 1994 edition (responds to P-1247). With regard to the 1994 edition of CGA Pamphlet S-1.1.1, new paragraph 9.1.1.1 of the pamphlet, which specifies the replacement or requalification of pressure relief valves, on affected DOT cylinders every 10 years, would not be made mandatory. The National Propane Gas Association submitted comments on petition P-1247 stating that the propane industry has experienced no problems with these pressure relief valves on cylinders and that adoption of the provision is unwarranted. Although replacement of pressure relief valves on a periodic basis would not be required under Sec. 173.34(d) of this proposed rulemaking, RSPA encourages this practice by industry. In Sec. 173.23, paragraphs (c), (d) and (e) would be revised to clarify that the requirement to remark as ``3AL'' certain aluminum cylinders manufactured under exemption before the existence of the DOT 3AL specification applies to cylinders manufactured under both the listed exemptions and the ``special permits'' that preceded those exemptions. In Sec. 173.34, paragraphs (e) (2), (8), (10), (13) and (15) would be revised for clarity only. A number of other revisions would be made throughout paragraph (e) for minor editorial clarification, to correct cross-references within the section as amended, and to include references to the newly incorporated CGA Pamphlets C-5, C-6, C-6.1, C- 6.2 and C-6.3. Subparagraph numbering within paragraph (e) would change generally as a result of the restructuring of the paragraph under this rule. Future rulemaking action. RSPA plans to clarify certain other requirements applicable to cylinders in a separate rulemaking action in the near future. In that notice, RSPA will propose the revision and reorganization of the cylinder specifications in Part 178. In addition, all requirements applicable to the inspection, retest, repair and continuing requalification of cylinders would be relocated from Sec. 173.34 to subpart C of part 180. III. Rulemaking Analyses and Notices 1. 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 was not reviewed by the Office of Management and Budget. The rule is not considered significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). The economic impact of this proposed rule is minimal to the extent that preparation of a regulatory evaluation is not warranted. 2. Executive Order 12612 This proposed rule has been analyzed in accordance with the principles and criteria contained in Executive Order 12612 (``Federalism''). Federal law expressly preempts State, local, and Indian tribe requirements applicable to the transportation of hazardous material that cover certain subjects and are not ``substantively the same'' as the Federal requirements. 49 U.S.C. 5125(b)(1). These covered subjects are: (A) The designation, description, and classification of hazardous material; (B) The packing, repacking, handling, labeling, marking, and placarding of hazardous material; (C) The preparation, execution, and use of shipping documents related to hazardous material and requirements respecting the number, contents, and placement of those documents; (D) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material; and (E) The design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a packaging or a container which is represented, marked, certified, or sold as qualified for use in transporting hazardous material. This notice of proposed rulemaking addresses the maintenance and testing of a package represented as qualified for use in the transportation of hazardous material. Therefore, the rule would preempt State, local and Indian tribe requirements that are not ``substantively the same'' as Federal requirements on these subjects. Section 5125(b)(2) of Title 49 U.S.C. provides that when DOT issues a regulation concerning any of the covered subjects after November 16, 1990, DOT must determine and publish in the Federal Register the effective date of Federal preemption. The effective date may not be earlier that the 90th day following the date of issuance of the final rule and no later than two years after the date of issuance. RSPA has determined that the effective date of Federal preemption of this final rule will be 90 days after publication in the Federal Register. Because RSPA lacks discretion in this area, preparation of a federalism assessment is not warranted. 3. Regulatory Flexibility Act I certify that this proposed rule will not have a significant economic impact on a substantial number of small entities. This rule applies to persons who inspect, retest and certify cylinders used to transport hazardous materials. These persons include a number of small businesses; however, the economic impact on any small business affected by the rule is expected to be minimal. There are no direct or indirect adverse economic impacts for small units of government or other organizations. 4. Paperwork Reduction Act Information collection and recordkeeping requirements in current Sec. 173.34 pertaining to cylinder retesters have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. chapter 35 and assigned control number 2137-0022. Because this proposed rule requires no substantive change from the current burden hours required, RSPA has not resubmitted the proposed information collection requirements to OMB for approval under the Paperwork Reduction Act. RSPA invites comments on any incremental paperwork burdens that it may not have considered. If deemed necessary, the burden hours will be revised to reflect the new requirements of this proposed rule and the information collection will be submitted to OMB for approval under the Paperwork Reduction Act. 5. Regulation Identifier Number A regulation identifier number 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 regulation identifier number contained in the heading of this document can be used to cross- reference this action with the Unified Agenda. List of Subjects 49 CFR Part 171 Exports, Hazardous materials transportation, Hazardous waste, Imports, Incorporation by reference, Reporting and recordkeeping requirements. 49 CFR Part 173 Hazardous materials transportation, Packaging and containers, Radioactive materials, Reporting and recordkeeping requirements, Uranium. In consideration of the foregoing, 49 CFR parts 171 and 173 would be amended as follows: PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 1. The authority citation for Part 171 would continue to read as follows: [[Page 54013]] Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 2. In Sec. 171.7, in the Table in paragraph (a)(3), under the entry Compressed Gas Association, Inc., the entries for CGA Pamphlets C-6, C- 12, C-13, and S-1.1 would be revised and four new entries would be added in numerical order, to read as follows: Sec. 171.7 Reference material. (a) * * * (3) Table of material incorporated by reference.* * * ------------------------------------------------------------------------ 49 CFR Source and name of material reference ------------------------------------------------------------------------ * * * * * * * Compressed Gas Association, Inc., * * * * * * * CGA Pamphlet C-5, Cylinder Service Life--Seamless Steel High Pressure Cylinders, 1991............................ 173.302 CGA Pamphlet C-6, Standards for Visual Inspection of Steel Compressed Gas Cylinders, 1993........................... 173.34 CGA Pamphlet C-6.1, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, 1995.... 173.34 CGA Pamphlet C-6.2, Guidelines for Visual Inspection and Requalification of Fiber Reinforced High Pressure Cylinders, 1988.......................................... 173.34 CGA Pamphlet C-6.3, Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, 1991.......................................... 173.34 * * * * * * * CGA Pamphlet C-12, Qualification Procedure for Acetylene Cylinder Design, 1994.................................... 173.303 CGA Pamphlet C-13, Guidelines for Periodic Visual Inspection and Requalification of Acetylene Cylinders, 1992..................................................... 173.34 * * * * * * * CGA Pamphlet S-1.1., Pressure Relief Device Standards-- Part 1--Cylinders for Compressed Gases, 1994............. 173.34 * * * * * * * ------------------------------------------------------------------------ * * * * * PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 3. The authority citation for Part 173 would continue to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 4. In Sec. 173.23, paragraphs (c), (d), and (e) would be revised to read as follows: Sec. 173.23 Previously authorized packaging. * * * * * (c) After July 2, 1982, a seamless aluminum cylinder manufactured in conformance with and for use under DOT special permit (SP) or exemption (E) 6498, 7042, 8107, 8364 or 8422 may be continued in use if marked before or at the time of the next retest with either the specification identification ``3AL'' immediately above the special permit or exemption number, or the DOT mark (e.g., DOT 3AL 1800) added in proximity to the special permit or exemption marking. (d) Cylinders (spheres) manufactured and marked under DO","truncated":true,"body_characters":77427}