[Federal Register: June 9, 2006 (Volume 71, Number 111)]
[Rules and Regulations]
[Page 33384-33387]
[DOCID:fr09jn06-3]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release No. 34-53937; File No. S7-10-06]
RIN 3235-AJ56

Amendments to Plan of Organization and Operation Effective During
Emergency Conditions

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (``Commission'' or
``SEC'') is adopting amendments to certain of its rules that operate in
the event of emergency conditions to revise the provisions on
delivering submittals, the line of succession to the Chairman in the
event of the Chairman's incapacity or unavailability, and make
conforming changes. These changes are intended to update these
provisions.

DATES: Effective Date: June 9, 2006.

FOR FURTHER INFORMATION CONTACT: Stephen M. Jung, Assistant General
Counsel for Legislation and Financial Services, Office of the General
Counsel, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Subpart G of Part 200 of Title 17 of the Code of Federal
Regulations ``describes the plan of organization and operation which
will be observed by the Securities and Exchange Commission in
discharging its duties and responsibilities in the event of [specified
emergency conditions].'' \1\ It includes provisions for designating the
location of the offices of the Commission; delivering requests,
filings, reports, or other submittals to the Commission; and
designating the successor to the Chairman and the division and office
heads in the event of their incapacity or unavailability during
emergency conditions.
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    \1\ 17 CFR 200.200.
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II. Summary of Amendments

    The amendments provide guidance on certain terms used in subpart G;
revise the provisions on delivering requests, filings, reports, or
other submittals during emergency conditions; revise the line of
succession to the Chairman in the event of the Chairman's incapacity or
unavailability during emergency conditions; and make conforming
changes.

A. Guidance on General Terms

    The amendments provide guidance on the terms ``unavailable or
incapacitated'' and ``emergency conditions,'' as used in subpart G.
    1. Unavailable or Incapacitated. The amendments clarify that a
person shall be considered unavailable or incapacitated in any
situation and from any cause that prevents the person from assuming or
performing on a timely basis his or her authorized duties, roles, or
responsibilities of office, whether from a primary or alternate
facility, or any other location. This language is intended to be a
general statement of the concepts of unavailability and incapacity
rather than an exhaustive definition of the terms. The statement is a
flexible one that is intended to cover unforeseen, and perhaps novel,
circumstances.
    2. Emergency Conditions. The amendments also provide that emergency
conditions shall be deemed to commence upon the occurrence, or the
imminent threat of the occurrence, of a natural or man-made disturbance

including, but not limited to, an armed attack against the United
States, its territories or possessions, terrorist attack, civil
disturbance, fire, pandemic, hurricane, or flood, that results in, or
threatens imminently to result in, a substantial disruption of the
organization or operations of the Commission. Such conditions shall be
deemed to continue until the Commission shall, by notice or order,
resume its normal organization and operations, whether at its
headquarters in Washington, DC or elsewhere.
    The prior concept of emergency conditions contemplated that
emergency conditions would ``commence at the time of an armed attack
upon the United States, its territories and possessions, at the time of
official notification of the likelihood or imminence of such attack, or
at a time specified by authority of the President, whichever may first
occur, and shall continue until official notification of cessation of
such conditions.'' \2\ Recent global developments, however, have
demonstrated the need for a broader concept of emergency conditions,
one that encompasses all hazards that may substantially disrupt the
normal organization or operations of the Commission. This broader
concept is the basis for the revised definition of emergency
conditions.
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    \2\ 17 CFR 220.201.
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    While the ``all hazards'' approach embodied in the new definition
of emergency conditions is broad, not all disturbances that might
affect the operations of the Commission will trigger the commencement
of emergency conditions. For example, a number of events could require
closure or evacuation of the Commission's headquarters in Washington,
DC without substantially disrupting the Commission's operations. In
most circumstances a snow emergency, water leak, disruption of water
service, temporary power outage, localized fire, fire alarm, or other
condition that might require the temporary closure or evacuation of all
or a part of the headquarters would not trigger the commencement of
emergency conditions.
    The ``all hazards'' approach in the new definition of emergency
conditions also underlies the Commission's current Headquarters
Continuity of Operations (``HQ COOP'') Plan, which establishes
operational procedures to sustain the essential functions of the
Commission during any emergency or situation that may disrupt normal
operations. The Commission expects that, in most circumstances, the
occurrence, or the imminent threat of the occurrence, of a disturbance
that leads to full or partial activation of the HQ COOP Plan also will
trigger the commencement of emergency conditions.
    Under the HQ COOP Plan, the Chairman is responsible for directing
full or partial activation of the HQ COOP Plan. The Chairman may be
unavailable or incapacitated, however, upon the occurrence, or the
imminent threat of the occurrence, of a disturbance that likely will
require activation of the HQ COOP Plan. In that situation, it would be
useful to invoke the chairman succession provisions in 17 CFR
200.203(c)(1), so that the Chairman's successor could determine whether
or not to activate the HQ COOP Plan. Because the succession provisions
become operative only during emergency conditions, however, a
definition of emergency conditions that was limited to situations in
which the Chairman already had activated the HQ COOP Plan would be
problematic. Thus, the definition of emergency conditions contemplates
that such conditions commence upon the occurrence, or the imminent
threat of the occurrence, of certain disturbances, rather than upon an
official response or reaction to the disturbance.\3\
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    \3\ In most circumstances, a Continuity of Operations message
directing the Securities and Exchange Commission to assume a COGCON
1 readiness posture will be issued as a result of an event that
triggers the commencement of emergency conditions and also leads to
activation of the HQ COOP Plan.
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B. Operation of Subpart G

    Prior 17 CFR 200.201 included language that indicated when the
provisions of subpart G would be operative. Specifically, the language
stated that subpart G would become operative ``as at the commencement
of emergency conditions and continue until cessation of those
conditions, or until the Commission shall by notice or order resume its
normal operations.'' This language is no longer necessary, because of
all of the provisions in subpart G are contingent upon the existence of
emergency conditions,\4\ and the revised definition of ``emergency
conditions'' specifies that emergency conditions will continue until
the Commission shall, by notice or order, resume its normal
organization and operations.
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    \4\ Prior 17 CFR 200.204 was not explicitly contingent on the
existence of emergency conditions. However, as discussed below, the
amendments make a conforming change to this section to clarify that
it operates only under such conditions.
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C. Delivery of Documents

    The amendments also revise the provision on delivering requests,
filings, reports, or other submittals during emergency conditions. The
revised provision specifies that, during emergency conditions, all
formal or informal requests, filings, reports, or other submittals
shall be submitted to the Commission as permitted in non-emergency
conditions, unless the Chairman or his or her successor specifies
another means or location for submission of such requests, filings,
reports, or other submittals, by a notice that is disseminated through
a method (or combination of methods) that is reasonably designed to
provide broad distribution of the information to the public.
    The prior provision contemplated that all submittals would be
``delivered to the Commission at designated offices'' or addressed to
an address no longer used by the Commission. The reference to
``designated offices'' was a reference to the requirement in 17 CFR
200.20(a) that the Chairman, or his or her successor, designate, during
emergency conditions, the location of headquarters and, if different
from the normal location, each Regional and District office.\5\ The new
provision provides the Chairman with greater flexibility to designate a
location for submission of formal or informal requests, filings,
reports, or other submittals during emergency conditions. For example,
the Chairman may find it appropriate, during emergency conditions, to
designate a location geographically remote from headquarters, whether
at its normal location or a new location, for the submission of filings
that ordinarily would be submitted to the headquarters. The new
provision also enables the Chairman to specify a different means for
the submission of requests, filings, reports, or other submittals
during emergency conditions. In this regard, the new provision
accommodates the fact that many filings now are required or permitted
to be submitted to the Commission in electronic format.
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    \5\ In the absence of communication with the Chairman, 17 CFR
200.20(a) specifies that, during emergency conditions, the Regional
Director or District Administrator for an office, or his acting
successor, will designate the location of the office, if different
from the normal location.
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    During emergency conditions, persons may experience difficulties
submitting requests, filings, reports, or other submittals to the
Commission, whether by normal means or by means otherwise specified by
the Chairman. These difficulties could arise from disruptions at the
location of the person seeking to

make the submittal, disruptions in the means of transmittal (for
example, breakdowns in mail services, electronic transmission
facilities, or courier services), or disruptions at the location of the
Commission office to which the submittal is attempted to be made. In
such cases, the person could seek,\6\ or the Commission on its own
initiative could provide, appropriate relief. Of course, the ability to
seek or provide relief may be hindered by disruptions in communications
between persons seeking to make submittals and the Commission.
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    \6\ For example, if a submittal is required to be transmitted to
the Commission electronically, but electronic transmission is
disrupted at the time the submittal is due, the filer could seek
appropriate relief, including pursuant to 17 CFR 232.13(b), 232.201,
or 232.202.
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    Because the nature of any relief would be dictated by the specific
circumstances of any disruptions, and the Commission has broad
authority to provide relief in appropriate circumstances, the amended
provision does not address directly the consequences of a disruptions
in the ability to submit requests, filings, reports, or other
submittals during emergency conditions. The provision, however, does
provide some flexibility for responding to disruptions in the ability
to transmit requests, filings, reports, or other submittals by allowing
the Chairman to specify the means and/or location for submission during
emergency conditions.

D. Succession Provisions

    The amendments revise the line of succession to the Chairman in the
event of the Chairman's incapacity or unavailability during emergency
conditions. Specifically, the amendments revise the current order of
succession within the categories of Division Directors, Regional
Directors, and District Administrators so that that the order of
succession in each category will be as designated by the Chairman in
the most recent designation prior to the commencement of emergency
conditions, or if no such designation has occurred, in order of
seniority. The current order of succession within these categories is
based on seniority. The change would give the Chairman the flexibility
to accommodate the fact that, at any given time, there may be
particular areas of expertise that might militate in favor of an order
not based strictly on seniority. In addition, the amendments eliminate
the Executive Director and the Executive Assistant to the Chairman from
the line of succession.

E. Other Provisions

    The amendments also revise 17 CFR 200.203(e), which currently
provides for a line of succession to a division or office head in the
event of his or her absence or incapacity during emergency conditions.
The amendments make a conforming change and specify that a successor to
a division or office head is delegated all of the authority that the
Commission has delegated to the division or office head. Currently, a
successor to a division or office head may discharge all of the duties
of the division or office head, but is not explicitly delegated all of
the authority that the Commission has delegated to the division or
office head. In addition, the amendments make a conforming change to 17
CFR 200.204, which sets forth the line of succession for certain
administrative staff, to clarify that the provision applies only during
emergency conditions.

III. Related Matters

A. Administrative Procedure Act and Other Administrative Laws

    The Commission has determined that these amendments to its rules
relate solely to the agency's organization, procedure, or practice.
Therefore, the provisions of the Administrative Procedure Act (``APA'')
regarding notice of proposed rulemaking and opportunity for public
participation are not applicable.\7\ For the same reason, and because
these amendments do not substantially affect the rights or obligations
of non-agency parties, the provisions of the Small Business Regulatory
Enforcement Fairness Act are not applicable.\8\ In addition, the
provisions of the Regulatory Flexibility Act, which apply only when
notice and comment are required by the APA or other law, are not
applicable.\9\ Finally, these amendments do not contain any collection
of information requirements as defined by the Paperwork Reduction Act
of 1995, as amended.\10\
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    \7\ 5 U.S.C. 553(b).
    \8\ 5 U.S.C. 804.
    \9\ 5 U.S.C. 601-612.
    \10\ 44 U.S.C. 3501-3520.
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B. Cost-Benefit Analysis

    The Commission is sensitive to the costs and benefits imposed by
its rules. The Commission believes that the amendments to its rules
that it is adopting today will produce the benefit of providing greater
clarity to the plan of organization and operation that will be observed
by the Commission in discharging its duties and responsibilities during
certain emergency conditions. The Commission also believes that these
rules will not impose any costs on non-agency parties, or that if there
are any such costs, they are negligible.

C. Consideration of Burden on Competition

    Section 23(a)(2) of the Securities Exchange Act of 1934 (``Exchange
Act'') requires the Commission, in making rules pursuant to any
provision of the Exchange Act, to consider among other matters the
impact any such rule would have on competition. The Commission does not
believe that the amendments that the Commission is adopting today will
have any impact on competition.

Statutory Authority

    The amendments to the Commission's rules are adopted pursuant to
the authorities set forth therein.

List of Subjects in 17 CFR Part 200

    Administrative practice and procedure, Authority delegations
(Government agencies), Organization and functions (Government
agencies).

Text of Amendments

0
For reasons set out in the preamble, Title 17, Chapter II, subpart G,
of the Code of Federal Regulations is amended as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION
REQUESTS

Subpart G--Plan of Organization and Operation Effective During
Emergency Conditions

0
1. The general authority citation for part 200, subpart G is revised
and the subauthority is removed.
    The revision reads as follows:

    Authority: 15 U.S.C. 77s, 78d, 78d-1, 78w, 77sss, 80a-37, 80b-
11; Reorganization Plan No. 10 of 1950 (15 U.S.C. 78d nt).

0
2. Section 200.200 is amended by:
0
a. Removing the authority citation following the section; and
0
b. Revising the phrase ``to read'' ``emergency conditions,''.

0
3. Section 200.201 is revised to read as follows:

Sec.  200.201  General provisions.

    (a) For purpose of this subpart, a person shall be considered
unavailable or incapacitated in any situation and from any cause that
prevents the person from assuming or performing on a timely basis his
or her authorized duties, roles, or responsibilities of office, whether
from a primary or alternate facility, or any other location.

    (b) For purpose of this subpart, emergency conditions shall be
deemed to commence upon the occurrence, or the imminent threat of the
occurrence, of a natural or man-made disturbance, including, but not
limited to, an armed attack against the United States, its territories
or possessions, terrorist attack, civil disturbance, fire, pandemic,
hurricane, or flood, that results in, or threatens imminently to result
in, a substantial disruption of the organization or operations of the
Commission. Such conditions shall be deemed to continue until the
Commission shall, by notice or older, resume its normal organization
and operations, whether at its headquarters in Washington, DC or
elsewhere.

0
4. Section 200.202 is amended by:
0
a. Removing the authority citation following the section; and
0
b. Revising paragraph (b) to read as follows:

Sec.  200.202  Offices, and information and submittals.

* * * * *
    (b) During emergency conditions, all formal or informal requests,
filings, reports, or other submittals shall be submitted to the
Commission as permitted in non-emergency conditions, unless the
Chairman or his or her successor acting pursuant to Sec.  200.203(c)(1)
of this subpart specifies another means or location for submission of
such requests, filings, reports, or other submittals, by a notice that
is disseminated through a method (or combination of methods) that is
reasonably designed to provide broad distribution of the information to
the public.

0
5. Section 200.203 is amended by:
0
a. Removing the authority citation following the section;
0
b. Revising paragraph (c)(1);
0
c. In the first sentence of paragraph (e), revising the phrase ``in the
absence or incapacity of such person during the emergency conditions''
to read ``in the event of the unavailability or incapacity of such
person during emergency conditions''; and
0
d. Adding a sentence to the end of paragraph (e).
    The revision and addition read as follows:

Sec.  200.203  Organization, and delegation of authority.

* * * * *
    (c) * * *
    (1) In the event of the unavailability or incapacity of the
Chairman of the Commission during emergency conditions, the authority
of the Chairman to govern the affairs of the Commission and to act for
the Commission, as provided for by law and by delegation from the
Commission, will pass to the available person highest on the following
list, until such time as the Chairman is no longer unavailable or
incapacitated, or a successor Chairman has assumed office pursuant to
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) and
Reorganization Plan No. 10 of 1950 (15 FR 3175, 64 Stat. 1265):
    (i) The Commissioners in order of seniority.
    (ii) The General Counsel.
    (iii) The Division Directors in the order designated by the
Chairman in the most recent designation prior to the commencement of
emergency conditions, or if no such designation has occurred, in order
of seniority.
    (iv) The Regional Directors in the order designated by the Chairman
in the most recent designation prior to the commencement of emergency
conditions, or if no such designation has occurred, in order of
seniority.
    (v) The District Administrators in the order designated by the
Chairman in the most recent designation prior to the commencement of
emergency conditions, or if no such designation has occurred, in order
of seniority.
* * * * *
    (e) * * * A person who discharges or assumes the duties of the head
of a division or office pursuant to this subsection is hereby
delegated, throughout the period of the unavailability or incapacity of
the head of the division or office during the emergency conditions, all
of the functions that the Commission has delegated to the head of the
division or office.

Sec.  200.204  [Amended]

0
6. Section 200.204 is amended by:
0
a. Removing the authority citation following the section; and
0
b. Revising the phrase ``In the absence of unavailability of the
appropriate staff officer or his successor'' to read ``In the event of
the unavailability or incapacity of the appropriate staff officer or
his or her successor during emergency conditions''.

Sec.  200.205  [Amended]

0
7. Section 200.205 is amended by removing the authority citation
following the section.

    Dated: June 5, 2006.

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. 06-5232 Filed 6-8-06; 8:45 am]

BILLING CODE 8010-01-M


electric-arc construction; longitudinally electric-arc welded seams are
permitted.
    (b) Steel. (1) The steel used in the construction of the cylinder
must be as specified in table 1 of appendix A to this part. The
cylinder manufacturer must maintain a record of intentionally added
alloying elements.
    (2) Material for heads must meet the requirements of paragraph
(b)(1) of this section or be open hearth, electric or basic oxygen
carbon steel of uniform quality. Content percent may not exceed the
following: Carbon 0.25, Manganese 0.60, Phosphorus 0.045, Sulfur 0.050.
Heads must be hemispherical or ellipsoidal in shape with a maximum
ratio of 2:1. If low carbon steel is used, the thickness of such heads
must be determined by using a maximum wall stress of 24,000 psi in the
formula described in paragraph (g)(4) of this section.
    (c) Identification of material. Pressure-retaining materials must
be identified by any suitable method that does not compromise the
integrity of the cylinder. Plates and billets for hotdrawn cylinders
must be marked with the heat number.
    (d) Manufacture. Cylinders must be manufactured using equipment and
processes adequate to ensure that each cylinder produced conforms to
the requirements of this subpart and the following:
    (1) No defect is permitted that is likely to weaken the finished
cylinder appreciably. A reasonably smooth and uniform surface is
required. Exposed bottom welds on cylinders over 18 inches long must be
protected by footrings. Minimum thickness of heads may not be less than
90 percent of the required thickness of the sidewall. Heads must be
concave to pressure.
    (2) Circumferential seams must be by electric-arc welding. Joints
must be butt with one member offset (joggle butt) or with a lap joint.
Lap joints must have a minimum overlap of at least four (4) times
nominal sheet thickness.
    (3) Longitudinal electric-arc welded seams (in shells) must be of
the butt welded type. Welds must be made by a machine process including
automatic feed and welding guidance mechanisms. Longitudinal seams must
have complete joint penetration, and must be free from undercuts,
overlaps or abrupt ridges or valleys. Misalignment of mating butt edges
may not exceed \1/6\ inch of nominal sheet thickness or \1/32\ inch
whichever is less. All joints with nominal sheet thickness up to and
including \1/8\ inch must be tightly butted. When nominal sheet
thickness is greater than \1/8\ inch, the joint must be gapped with
maximum distance equal to one-half the nominal sheet thickness or \1/
32\ inch whichever is less. Joint design, preparation, and fit-up must
be such that requirements of this paragraph (d) are satisfied.
    (4) Welding procedures and operators must be qualified in
accordance with CGA C-3 (IBR, see Sec.  171.7 of this subchapter).
    (e) Welding of attachments. The attachment to the tops and bottoms
only of cylinders by welding of neckrings,

footrings, handles, bosses, pads and valve protection rings is
authorized provided that such attachments and the portion of the
container to which they are attached are made of weldable steel, the
carbon content of which may not exceed 0.25 percent.
    (f) Non-destructive examination. (1) Welds of the cylinders must be
subjected to radioscopic or radiographic examination as follows:
    (2) Radioscopy or radiography must be in conformance with CGA C-3
(IBR; see Sec.  171.7 of this subchapter). Maximum joint efficiency
will be 1.0 when each seam is examined completely. Maximum joint
efficiency will be 0.90 when one cylinder from each lot of 50
consecutively welded cylinders is spot examined. In addition, one out
of the first five cylinders welded following a shutdown of welding
operations exceeding four hours must be spot examined. Spot
radiographs, when required, must be made of a finished welded cylinder
and must include the girth weld for 2 inches in both directions from
the intersection of the longitudinal and girth welds and include at
least 6 inches of the longitudinal weld. Maximum joint efficiency of
0.75 will be permissible without radiography. When fluoroscopic
examination is used, permanent film records need not be retained.
    (g) Wall thickness. (1) For outside diameters over 6 inches the
minimum wall thickness must be 0.078 inch. In any case, the minimum
wall thickness must be such that the wall stress calculated by the
formula listed in paragraph (g)(2) of this section may not exceed the
lesser value of any of the following:
    (i) The value referenced in paragraph (b) of this section for the
particular material under consideration.
    (ii) One-half of the minimum tensile strength of the material
determined as required in paragraph (k) of this section.
    (iii) 35,000 psi.
    (2) Stress must be calculated by the following formula:

S = [2P(1.3D\2\ + 0.4d\2\)]/[E(D\2\ - d\2\)]

Where:

S = wall stress, psi;
P = service pressure, psig;
D = outside diameter, inches;
d = inside diameter, inches;
E = joint efficiency of the longitudinal seam (from paragraph (d) of
this section).

    (3) For a cylinder with a wall thickness less than 0.100 inch, the
ratio of tangential length to outside diameter may not exceed 4 to 1
(4:1).
    (h) Heat treatment. Cylinders must be heat treated in accordance
with the following requirements:
    (1) Each cylinder must be uniformly and properly heat treated prior
to test by the applicable method referenced in table 1 of appendix A to
this part. Heat treatment must be accomplished after all forming and
welding operations, except that when brazed joints are used, heat
treatment must follow any forming and welding operations, but may be
done before, during or after the brazing operations (see Sec.
178.51(m) of this subpart for weld repairs).
    (2) Heat treatment is not required after welding of weldable low-
carbon parts to attachments of similar material which have been
previously welded to the top or bottom of cylinders and properly heat
treated, provided such subsequent welding does not produce a
temperature in excess of 400[emsp14][deg]F in any part of the top or
bottom material.
    (i) Openings in cylinders. Openings in cylinders must comply with
the following requirements:
    (1) All openings must be in heads or bases.
    (2) Each opening in a spherical-type cylinder must be provided with
a fitting, boss, or pad of weldable steel securely attached to the
cylinder by fusion welding.
    (3) Each opening in a cylindrical-type cylinder must be provided
with a fitting, boss, or pad securely attached to the cylinder by
welding.
    (4) If threads are used, they must comply with the following:
    (i) Threads must be clean cut, even, without checks, and tapped to
gauge.
    (ii) Taper threads must be of length not less than as specified for
American Standard Taper Pipe Threads.
    (iii) Straight threads, having at least four (4) engaged threads,
must have a tight fit and calculated shear strength at least ten (10)
times the test pressure of the cylinder. Gaskets, adequate to prevent
leakage, are required.
    (iv) A brass fitting may be brazed to the steel boss or flange on
cylinders used as component parts of handheld fire extinguishers.
    (j) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
    (1) Lot testing. (i) At least one cylinder randomly selected out of
each lot of 200 or less must be tested by the water-jacket or direct
expansion method as prescribed in CGA C-1 (IBR, see Sec.  171.7 of this
subchapter). The testing equipment must be calibrated as prescribed in
CGA C-1. All testing equipment and pressure indicating devices must be
accurate within the parameters defined in CGA C-1.
    (ii) Each cylinder must be tested to a minimum of two (2) times
service pressure.
    (iii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated at a pressure increased
by 10 percent or 100 psig, whichever is lower.
    (iv) Permanent volumetric expansion may not exceed 10 percent of
the total volumetric expansion at test pressure.
    (2) Pressure testing. (i) The remaining cylinders in each lot must
be pressure tested by the water-jacket, direct expansion or proof
pressure test methods as prescribed in CGA C-1. The minimum test
pressure must be maintained for a specific timeframe, and the testing
equipment must be calibrated as prescribed in CGA C-1. Further, all
testing equipment and pressure indicating devices must be accurate
within the parameters defined in CGA C-1. Determination of expansion
properties is not required.
    (ii) Each cylinder must be tested to a minimum of two (2) times
service pressure and show no defect.
    (3) Burst testing. (i) One finished cylinder selected at random out
of each lot of 500 or less must be hydrostatically tested to four (4)
times service pressure without bursting.
    (k) Mechanical tests. Mechanical tests must be conducted to
determine yield strength, tensile strength, elongation as a percentage,
and reduction of area of material as a percentage, as follows:
    (1) Specimens must be taken from one cylinder after heat treatment
as illustrated in appendix A to subpart C of this part, chosen at
random from each lot of 200 or fewer, as follows:
    (i) Body specimen. One specimen must be taken longitudinally from
the body section at least 90 degrees away from the weld.
    (ii) Head specimen. One specimen must be taken from either head on
a cylinder when both heads are made of the same material. However, if
the two heads are made of differing materials, a specimen must be taken
from each head.
    (iii) If due to welded attachments on the top head there is
insufficient surface from which to take a specimen, it may be taken
from a representative head of the same heat treatment as the test
cylinder.
    (2) Specimens must conform to the following:
    (i) When a cylinder wall is \3/16\ inch thick or less, one the
following gauge lengths is authorized: A gauge length of 8 inches with
a width not over 1\1/2\

inches, a gauge length of 2 inches with a width not over 1\1/2\ inches,
or a gauge length at least twenty-four (24) times the thickness with a
width not over six (6) times the thickness.
    (ii) The specimen, exclusive of grip ends, may not be flattened.
Grip ends may be flattened to within 1 inch of each end of the reduced
section.
    (iii) When size of the cylinder does not permit securing straight
specimens, the specimens may be taken in any location or direction and
may be straightened or flattened cold, by pressure only, not by blows.
When specimens are taken and prepared in this manner, the inspector's
report must show in connection with the record of physical tests
detailed information in regard to such specimens.
    (iv) Heating of a specimen for any purpose is not authorized.
    (3) The yield strength in tension must be the stress corresponding
to a permanent strain of 0.2 percent of the gauge length. The following
conditions apply:
    (i) The yield strength must be determined by either the ``off-set''
method or the ``extension under load'' method as prescribed in ASTM E 8
(IBR, see Sec.  171.7 of this subchapter).
    (ii) In using the ``extension under load'' method, the total strain
(or ``extension under load''), corresponding to the stress at which the
0.2-percent permanent strain occurs may be determined with sufficient
accuracy by calculating the elastic extension of the gauge length under
appropriate load and adding thereto 0.2 percent of the gauge length.
Elastic extension calculations must be based on an elastic modulus of
30,000,000. In the event of controversy, the entire stress-strain
diagram must be plotted and the yield strength determined from the 0.2-
percent offset.
    (iii) For the purpose of strain measurement, the initial strain
reference must be set while the specimen is under a stress of 12,000
psi, and the strain indicator reading must be set at the calculated
corresponding strain.
    (iv) Cross-head speed of the testing machine may not exceed \1/8\
inch per minute during yield strength determination.
    (l) Elongation. Mechanical test specimens must show at least a 20
percent elongation. However, elongation percentages may be reduced
numerically by one (1) for each 7,500 psi of tensile strength above
50,000 psi to a maximum of four (4) increments (i.e., 30,000 psi).
    (m) Tests of welds. Welds must be subjected to the following tests:
    (1) Tensile test. A specimen must be removed from one cylinder of
each lot of 200 or fewer. The specimen must be taken from across the
longitudinal seam and must be prepared and tested in conformance with
the requirements of CGA C-3 (IBR, see Sec.  171.7 of this subchapter).
    (2) Guided bend test. A root bend test specimen must be removed
from the cylinder or welded test plate used for the tensile test
specified in paragraph (m)(1) of this section. Specimens must be taken
from across the longitudinal seam and must be prepared and tested in
conformance with the requirements of CGA C-3. If the specimen fails to
meet the requirements, one specimen each must be taken from two
additional cylinders or welded test plates from the same lot as the
previously tested cylinder or added test plate and tested. If either of
these latter two specimens fails to meet the requirements, the entire
lot represented must be condemned.
    (3) Alternate guided bend test. This test may be used and must be
as required by CGA C-3. The specimen must be bent until the elongation
at the outer surface, adjacent to the root of the weld, between the
lightly scribed gauge lines a to b, must be at least 20 percent, except
that this percentage may be reduced for steels having a tensile
strength in excess of 50,000 psi, as provided in paragraph (l) of this
section. Should this specimen fail to meet the requirements, one
additional specimen such must be taken from two additional cylinders or
welded test plates from the same lot and tested as the previously
tested cylinder or added test plate. If either of these latter two
specimens fails to meet the requirements, the entire lot represented
must be condemned.
    (n) Rejected cylinders. (1) Unless otherwise stated, if a sample
cylinder or specimen taken from a lot of cylinders fails the prescribed
test, then two additional specimens must be selected from the same lot
and subjected to the prescribed test. If either of these fails the
test, then the entire lot must be rejected.
    (2) Reheat treatment of condemned cylinders. Reheat treatment is
authorized for a condemned cylinder in accordance with this paragraph.
After reheat treatment, a cylinder must pass all prescribed tests in
this section to be considered acceptable. Repair of welded seams by
welding is authorized. For cylinders less than or equal to an outside
diameter of 6 inches, welded seam repairs greater than 1 inch in length
shall require reheat treatment of the cylinder. For cylinders greater
than an outside diameter of 6 inches, welded seam repairs greater than
3 inches in length shall require reheat treatment.
    (o) Markings. (1) Markings must be as required in Sec.  178.35 of
this subpart and in addition must be stamped plainly and permanently in
one of the following locations on the cylinder:
    (i) On shoulders and top heads whose wall thickness is not less
than 0.087 inch thick.
    (ii) On side wall adjacent to top head for side walls not less than
0.090 inch thick.
    (iii) On a cylindrical portion of the shell that extends beyond the
recessed bottom of the cylinder constituting an integral and non-
pressure part of the cylinder.
    (iv) On a plate attached to the top of the cylinder or permanent
part thereof; sufficient space must be left on the plate to provide for
stamping at least six retest dates; the plate must at least \1\/
16-inch thick and must be attached by welding at a
temperature of 1,100[emsp14][deg]F, throughout all edges of the plate.
    (v) On the neck, neckring, valve boss, valve protection sleeve, or
similar part permanently attached to the top of the cylinder.
    (vi) On the footring permanently attached to the cylinder, provided
the water capacity of the cylinder does not exceed 30 pounds.
    (2) Embossing the cylinder head or side wall is not permitted.
    (p) Inspector's report. In addition to the information required by
Sec.  178.35 of this subpart, the inspector's report must indicate the
type and amount of radiography.
0
40. In Sec.  178.65, revise paragraph (f) to read as follows:

Sec.  178.65  Specification 39 non-reusable (non-refillable) cylinders.

* * * * *
    (f) Pressure testing. (1) Each cylinder must be proof pressure
tested as prescribed in CGA C-1 (IBR, see Sec.  171.7 of this
subchapter). The minimum test pressure must be maintained for a
specific timeframe, and the testing equipment must be calibrated as
prescribed in CGA C-1. All testing equipment and pressure indicating
devices must be accurate within the parameters defined in CGA C-1.
    (2) The leakage test must be conducted by submersion under water or
by some other method that will be equally sensitive.
    (3) If the cylinder leaks, evidences visible distortion or
evidences any other defect while under test, it must be condemned (see
paragraph (h) of this section).
* * * * *
0
41. In Sec.  178.68:
0
a. Revise paragraphs (b), (e), (h), (j) introductory text, (j)(1), (k),
(l) and (m);
0
b. Redesignate paragraph (n) as paragraph (o); and

0
c. Add new paragraph (n).
    The revisions, redesignation, and addition read as follows:

Sec.  178.68  Specification 4E welded aluminum cylinders.

* * * * *
    (b) Authorized material. The cylinder must be constructed of
aluminum of uniform quality. The following chemical analyses are
authorized:

                      Table 1--Authorized Materials
------------------------------------------------------------------------
                                          Chemical  analysis-- limits in
              Designation                          percent 5154
------------------------------------------------------------------------
Iron plus silicon......................  0.45 maximum.
Copper.................................  0.10 maximum.
Manganese..............................  0.10 maximum.
Magnesium..............................  3.10/3.90.
Chromium...............................  0.15/0.35.
Zinc...................................  0.20 maximum.
Titanium...............................  0.20 maximum.
Others, each...........................  0.05 maximum.
Others, total..........................  0.15 maximum.
Aluminum...............................  remainder.
------------------------------------------------------------------------

    Note to Table 1: The aluminum used in the construction of the
cylinder must be as specified in Table 1. The cylinder manufacturer
must maintain a record of intentionally added alloying elements.
* * * * *
    (e) Welding. The attachment to the tops and bottoms only of
cylinders by welding of neckrings, flanges, footrings, handles, bosses,
pads, and valve protection rings is authorized. However, such
attachments and the portion of the cylinder to which it is attached
must be made of weldable aluminum alloys.
* * * * *
    (h) Pressure testing. Each cylinder must successfully withstand a
pressure test as follows:
    (1) All cylinders with a wall stress greater than 18,000 psi must
be tested by water-jacket or direct expansion method as prescribed in
CGA C-1 (IBR, see Sec.  171.7 of this subchapter). The testing
equipment must be calibrated as prescribed in CGA C-1. All testing
equipment and pressure indicating devices must be accurate within the
parameters defined in CGA C-1.
    (i) Each cylinder must be tested to a minimum of two (2) times
service pressure.
    (ii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated at a pressure increased
by 10 percent or 100 psig, whichever is lower.
    (iii) Permanent volumetric expansion may not exceed 12 percent of
the total volumetric expansion at test pressure.
    (2) Lot testing. (i) Cylinders with a wall stress of 18,000 psi or
less may be lot tested. At least one cylinder randomly selected out of
each lot of 200 or less must be tested by the water-jacket or direct
expansion method as prescribed in CGA C-1. The testing equipment must
be calibrated as prescribed in CGA C-1. All testing equipment and
pressure indicating devices must be accurate within the parameters
defined in CGA C-1.
    (ii) Each cylinder must be tested to a minimum of two (2) times
service pressure.
    (iii) The minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied after heat-treatment and prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated at a pressure increased
by 10 percent or 100 psig, whichever is lower.
    (iv) Permanent volumetric expansion may not exceed 12 percent of
the total volumetric expansion at test pressure.
    (3) Pressure testing. (i) For cylinders with a wall stress of
18,000 psi or less, the remaining cylinders of the lot must be pressure
tested by the water-jacket, direct expansion or proof pressure test
methods as defined in CGA C-1. The minimum test pressure must be
maintained for a specific timeframe, and the testing equipment must be
calibrated as prescribed in CGA C-1. Further, all testing equipment and
pressure indicating devices must be accurate within the parameters
defined in CGA C-1. Determination of expansion properties is not
required.
    (ii) Each cylinder must be tested to a minimum of two (2) times
service pressure and show no defect.
    (4) Burst Testing. One (1) finished cylinder selected at random out
of each lot of 1000 or less must be hydrostatically tested to four (4)
times service pressure without bursting. Inability to meet this
requirement must result in condemnation of the lot.
* * * * *
    (j) Mechanical test. A mechanical test must be conducted to
determine yield strength, tensile strength, elongation as a percentage,
and reduction of area of material as a percentage as follows:
    (1) The test is required on two (2) specimens removed from one
cylinder or part thereof as illustrated in appendix A to subpart C of
this part taken at random out of each lot of 200 or fewer.
* * * * *
    (k) Acceptable results for mechanical tests. An acceptable result
of the mechanical test requires a minimum tensile strength as defined
in paragraph (f)(1)(ii) of this section, an elongation to at least 7
percent and yield strength not over 80 percent of tensile strength.
    (l) Weld tests. Welds of the cylinder are required to successfully
pass the following tests:
    (1) Reduced section tensile test. A specimen must be removed from
the cylinder used for the mechanical tests specified in paragraph (j)
of this section. The specimen must be taken from across the seam; edges
must be parallel for a distance of approximately 2 inches on either
side of the weld. The specimen must be fractured in tension. The actual
breaking stress must be a minimum of at least 30,000 psi. The apparent
breaking stress calculated on the minimum design wall thickness must be
a minimum of two (2) times the stress calculated under paragraph (f)(2)
of this section. If the specimen fails to meet the requirements, the
lot must be condemned except that specimens may be taken from two (2)
additional cylinders from the same lot as the previously tested
specimens. If either of the latter specimens fails to meet
requirements, the entire lot represented must be condemned.
    (2) Guided bend test. A bend test specimen must be removed from the
cylinder used for the mechanical test specified in paragraph (j) of
this section. The specimen must be taken across the circumferential
seam, must be a minimum of 1\1/2\ inches wide, edges must be parallel
and rounded with a file, and back-up strip, if used, must be removed by
machining. The specimen must be tested as follows:
    (i) The specimen must be bent to refusal in the guided bend test
jig as illustrated in CGA C-3 (IBR, see Sec.  171.7 of this
subchapter). The root of the weld (inside surface of the cylinder) must
be located away from the ram of the jig. The specimen must not show a
crack or other open defect exceeding \1/8\ inch in any direction upon
completion of the test. Should this specimen fail to meet the
requirements, one additional specimen must be taken from two additional
cylinders from the same lot and tested. If either of the latter
specimens fails to meet requirements, the entire lot represented must
be condemned.
    (ii) Alternate guided bend test. This test may be used as an
alternate to the

guided bend test. The test specimen must be in conformance with The
Aluminum Association's ``Welding Aluminum: Theory and Practice, Fourth
Edition, 2002'' (IBR, see Sec.  171.7 of this subchapter). If the
specimen fails to meet the requirements, one additional specimen must
be taken from two additional cylinders or welded test plates from the
same lot and tested. If any of these latter two specimens fails to meet
the requirements, the entire lot must be condemned.
    (m) Condemned cylinders. (1) Unless otherwise stated, if a sample
cylinder or specimen taken from a lot of cylinders fails the prescribed
test, then two additional specimens must be selected from the same lot
and subjected to the prescribed test. If either of these fails the
test, then the entire lot must be condemned.
    (2) Repair of welded seams is authorized. Acceptable cylinders must
pass all prescribed tests.
    (n) Markings. (1) Markings must be as required in Sec.  178.35 of
this subpart and in addition must be stamped plainly and permanently in
one of the following locations on the cylinder:
    (i) On the neck, neckring, valve boss, valve protection sleeve, or
similar part permanently attached to the top of the cylinder.
    (ii) On the footring permanently attached to the cylinder, provided
the water capacity of the cylinder does not exceed 30 pounds.
    (2) Embossing the cylinder head or side wall is not permitted.
* * * * *
0
42. In Sec.  178.70, revise paragraph (d) to read as follows:

Sec.  178.70  Approval of UN pressure receptacles.

* * * * *
    (d) Modification of approved pressure receptacle design type.
Modification of an approved UN/ISO pressure receptacle design type is
not authorized without the approval of the Associate Administrator.
However, modification of an approved UN/ISO pressure receptacle design
type is authorized without an additional approval of the Associate
Administrator provided the design modification is covered under the UN/
ISO standard for the design type. A manufacturer seeking modification
of an approved UN/ISO pressure receptacle design type may be required
to submit design qualification test data to the Associate Administrator
before production.
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
43. The authority citation for part 180 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
44. In Sec.  180.203:
0
a. Add definitions for the words ``accuracy,'' ``accuracy grade,''
``actual test pressure,'' ``calibrated cylinder,'' ``error,'' ``master
gauge,'' ``mobile unit,'' ``over-pressurized,'' ``percent permanent
expansion,'' ``precision,'' ``proof pressure test,'' ``reference
gauge,'' and ``service pressure'' in alphabetical order; and
0
b. Revise the definition for the words ``commercially free of corrosive
components,'' ``defect,'' and ``test pressure.''
    The additions and revisions read as follows:

Sec.  180.203  Definitions

* * * * *
    Accuracy means the conformance of a particular reading to a known
standard. Accuracy is expressed as the percentage of error from, or
degree of closeness to, the true value, such as the difference between
the measurement result displayed by the instrument and the value
obtained when a measurement standard is used to perform the
measurement. This value may be represented as a percent of full scale.
    Accuracy grade means the inherent quality of the device. It
expresses the maximum error allowed for the device at any reading.
Accuracy grade is expressed as a percentage of the full scale of the
device.
    Actual test pressure means the pressure applied to a cylinder
during a requalification test.
    Calibrated cylinder means a cylinder that has certified calibration
points of pressure with corresponding expansion values. It is a
secondary, derived standard used for the verification and demonstration
of test system accuracy and integrity.
    Commercially free of corrosive components means a hazardous
material having a moisture content less than 55 ppm and free of
components that will adversely react with the cylinder (e.g. chemical
stress corrosion).
* * * * *
    Defect means an imperfection requiring a cylinder to be rejected or
condemned.
* * * * *
    Error means the difference between the measured values and the true
value.
* * * * *
    Master gauge means a pressure indicating device that is used as a
calibration standard, has an inherent accuracy grade equal to or better
than the requirement for the pressure indicating device in the test
apparatus, and is an instrument not used in the daily performance of
cylinder testing.
    Mobile unit means a vehicle specifically authorized under a RIN to
carry out requalification operations identified under the RIN within a
geographic area no more than 100 miles from the principle place of
business of the RIN holder. Mobile units must comply with the
requirements outlined in the approval issuance letter from the
Associate Administrator for Hazardous Materials Safety (see Sec.
107.805 of subchapter A of this chapter).
* * * * *
    Over-pressurized means a condition in which the internal pressure
applied to a cylinder has reached or exceeded the yield point of the
cylinder.
    Percent permanent expansion means the ratio of permanent expansion
to total expansion, expressed as a percentage. The calculation for
percent permanent expansion is the permanent expansion divided by total
expansion times 100.
* * * * *
    Precision of a measurement means the degree of scatter of the
recorded values when the measurement is repeated a number of times
under the same conditions.
    Proof pressure test means a pressure test by interior
pressurization without the determination of a cylinder's expansion. A
gas (e.g., air) or a liquid (e.g., water) is used as a means to achieve
interior pressurization.
* * * * *
    Reference gauge means a pressure indicating device that is used in
the daily verification of a proof test system, and has an inherent
accuracy equal to or better than the requirement for the device to be
checked.
* * * * *
    Service pressure means the rated service pressure marked on the
cylinder.
    Test pressure means the minimum prescribed pressure required for
the requalification of a cylinder.
* * * * *
0
45. In Sec.  180.205:
0
a. Revise paragraphs (c) introductory text, (d), (g)(3), (h)(3),
(i)(1)(viii), (i)(2), and (i)(3); and
0
b. Add paragraphs (f)(5), (f)(6), (i)(1)(ix), (i)(1)(x), (i)(1)(xi) and
(j).
    The additions and revisions read as follows:

Sec.  180.205  General requirements for requalification of
specification cylinders.

* * * * *
    (c) Periodic requalification of cylinders. Each cylinder bearing a
DOT-specification marking must be requalified and marked as specified
in the Requalification Table in this subpart. Each cylinder bearing a
DOT special permit (or exemption) number must be requalified and marked
in conformance with this section and the terms of the applicable
special permit (or exemption). No cylinder may be filled with a
hazardous material and offered for transportation in commerce unless
that cylinder has been successfully requalified and marked in
conformance with this subpart. A cylinder may be requalified at any
time during or before the month and year that the requalification is
due. However, a cylinder filled before the requalification becomes due
may remain in service until it is emptied. A cylinder with a specified
service life may not be refilled and offered for transportation after
its authorized service life has expired.
* * * * *
    (d) Conditions requiring test and inspection of cylinders. Without
regard to any other periodic requalification requirements, a cylinder
must be tested and inspected in accordance with this section prior to
further use if--
    (1) The cylinder shows evidence of dents, corrosion, cracked or
abraded areas, leakage, or any other condition that might render it
unsafe for use in transportation;
    (2) The cylinder has been in an accident and has been damaged to an
extent that may adversely affect its lading retention capability;
    (3) The cylinder shows evidence of or is known to have thermal
damage, or have been over-heated;
    (4) Except as provided in Sec.  180.212 of this subpart, the
cylinder shows evidence of grinding; or
    (5) The Associate Administrator determines that the cylinder may be
in an unsafe condition.
* * * * *
    (f) * * *
    (5) Shot blasting of cylinders is permitted. Grinding, sanding, or
any other removal of wall thickness of a cylinder is not permitted,
except by an authorized facility, as provided in Sec.  180.212 of this
subpart for the removal of surface corrosion.
    (6) Chasing of cylinder threads to clean them is permitted, but
removal of metal must not occur. Re-tapping of cylinder threads is not
permitted, except by the original manufacturer, as provided in Sec.
180.212 of this subpart.
    (g) * * *
    (3) Each day before retesting, the retester shall confirm, by using
a calibrated cylinder or other method authorized in writing by the
Associate Administrator, that:
    (i) The pressure-indicating device (PID), as part of the retest
equipment, is accurate within 1.0% of the prescribed test
pressure of any cylinder tested that day. The PID must meet Industrial
Class 1 (1.0% deviation from the end value) with a scale
appropriate to the test pressure of the cylinder. The accuracy of the
PID within the test system can be demonstrated at any point within 500
psig of the actual test pressure for test pressures at or above 3,000
psig, or 10% of the actual test pressure for test pressures below 3,000
psig.
    (ii) The expansion-indicating device (EID), as part of the retest
equipment, gives a stable reading of expansion and is accurate to
1.0% of the total expansion of any cylinder tested or 0.1
cc, whichever is larger. The EID must be accurate (1.0%
deviation from the end value) of its full scale. The weigh scales must
be capable of providing total expansion measurements to an accuracy of
1.0% or 0.05 ounce (1.5 g), whichever is greater.
* * * * *
    (h) * * *
    (3) Unless the cylinder is repaired or rebuilt in conformance with
requirements in Sec.  180.211of this subpart, it may not be filled with
a hazardous material and offered for transportation where use of a
specification packaging is required.
* * * * *
    (i) * * *
    (1) * * *
    (viii) For an aluminum or an aluminum-lined composite special
permit cylinder, the cylinder is known to have been or shows evidence
of having been overheated. Arc burns must be considered evidence of
overheating.
    (ix) The cylinder is known to have been or shows evidence of having
been over-pressurized.
    (x) For a cylinder with a specified service life, its authorized
service life has expired.
    (xi) The cylinder has been stamped on the sidewall, except as
provided in part 178 of this subchapter.
    (2) When a cylinder must be condemned, the requalifier must--
    (i) Communicate condemnation of the cylinder as follows: (A) Stamp
a series of X's over the DOT-specification number and the marked
pressure or stamp ``CONDEMNED'' on the shoulder, top head, or neck
using a steel stamp;
    (B) For composite cylinders, securely affix to the cylinder a label
with the word ``CONDEMNED'' overcoated with epoxy near, but not
obscuring, the original cylinder manufacturer's label; or
    (C) As an alternative to the stamping or labeling as described in
this paragraph (i)(2), at the direction of the owner, the requalifier
may render the cylinder incapable of holding pressure; and
    (ii) Notify the cylinder owner, in writing, that the cylinder is
condemned and may not be filled with hazardous material and offered for
transportation in commerce where use of a specification packaging is
required.
    (3) No person may remove, obliterate, or alter the required
condemnation communication of paragraph (i)(2) of this section.
    (j) Training materials. Training materials (such as CGA C-1.1; see
Sec.  171.7, Table I of this subchapter) may be used for training
persons who requalify cylinders using the volumetric expansion test
method.
0
46. In Sec.  180.207, revise paragraphs (a)(3), (b)(2), (c)
introductory text, (d) introductory text, (d)(1), and (d)(3) to read as
follows:

Sec.  180.207  Requirements for requalification of UN pressure
receptacles.

    (a) * * *
    (3) A pressure receptacle with a specified service life may not be
requalified after its authorized service life has expired, but must be
condemned in accordance with Sec.  180.205(i)(x) of this subpart.
    (b) * * *
    (2) Each pressure receptacle that fails requalification must be
condemned in conformance with Sec.  180.205(i) of this subpart or the
applicable ISO requalification standard.
* * * * *
    (c) Requalification interval. Each UN pressure receptacle that
becomes due for periodic requalification must be requalified at the
interval specified in the following table before it is filled: * * *
* * * * *
    (d) Requalification procedures. Each UN pressure receptacle must be
requalified in conformance with the procedures contained in the
following standards, as applicable. Furthermore, when a pressure test
is performed on a UN pressure receptacle, the test must be a water
jacket volumetric expansion test suitable for the determination of the
cylinder expansion or a hydraulic proof pressure test. The test
equipment must conform to the accuracy requirements in Sec.  180.205(g)
of this subpart. Alternative methods (e.g., acoustic emission) or
requalification procedures may be

performed if prior approval has been obtained in writing from the
Associate Administrator.
    (1) Seamless steel: Each seamless steel UN pressure receptacle,
including MEGC's pressure receptacles exceeding 150 L capacity, must be
requalified in conformance with ISO 6406 (IBR, see Sec.  171.7 of this
subchapter). However, UN cylinders with a tensile strength greater than
or equal to 950 MPa must be requalified by ultrasonic examination in
conformance with ISO 6406.
* * * * *
    (3) Dissolved acetylene UN cylinders: Each dissolved acetylene
cylinder must be requalified in conformance with ISO 10462 (IBR, see
Sec.  171.7 of this subchapter). The porous mass and the shell must be
requalified no sooner than five (5) years and no later than ten (10)
years from the date of manufacture. Thereafter, subsequent
requalifications of the shell must be performed at least once every ten
(10) years.
* * * * *
0
47. In Sec.  180.209, revise paragraphs (a), (b), (c), (e), (g), (l)(1)
and (m) to read as follows:

Sec.  180.209  Requirements for requalification of specification
cylinders.

    (a) Periodic qualification of cylinders. Each specification
cylinder that becomes due for periodic requalification, as specified in
the following table, must be requalified and marked in conformance with
the requirements of this subpart before it is filled. Requalification
records must be maintained in conformance with Sec.  180.215 of this
subpart. Table 1 follows:

                  Table 1--Requalification of Cylinders
------------------------------------------------------------------------
  Specification under which       Minimum test         Requalification
      cylinder was made       pressure  (psig) \1\     period  (years)
------------------------------------------------------------------------
DOT 3.......................  3000 psig...........  5.
DOT 3A, 3AA.................  5/3 times service     5, or 12 (see Sec.
                               pressure, except      180.209(b), (f),
                               noncorrosive          (h), and (j)).
                               service (see Sec.
                               180.209(g)).
DOT 3AL\2\..................  5/3 times service     5, or 12 (see Sec.
                               pressure.             Sec.   180.209(j)
                                                     and (m)).
DOT 3AX, 3AAX...............  5/3 times service     5
                               pressure.
3B, 3BN.....................  2 times service       5 or 10 (see Sec.
                               pressure (see Sec.    180.209(f)).
                                180.209(g)).
3E..........................  Test not required...
3HT.........................  5/3 times service     3 (see Sec.  Sec.
                               pressure.             180.209(k) and
                                                     180.213(c)).
3T..........................  5/3 times service     5.
                               pressure.
4AA480......................  2 times service       5 or 10 (see Sec.
                               pressure (see Sec.    180.209(h)).
                                180.209(g)).
4B, 4BA, 4BW, 4B-240ET......  2 times service       5, 10, or 12 (see
                               pressure, except      Sec.   180.209(e),
                               non-corrosive         (f), and (j)).
                               service (see Sec.
                               180.209(g)).
4D, 4DA, 4DS................  2 times service.....  5.
DOT 4E......................  2 times service       5 or 10 ((see Sec.
                               pressure, except      Sec.   180.209(e)).
                               non-corrosive (see
                               Sec.   180.209(g)).
4L..........................  Test not required...
8, 8AL......................  ....................  10 or 20 (see Sec.
                                                     180.209(i)).
Exemption or special permit   See current           See current
 cylinder.                     exemption or          exemption or
                               special permit.       special permit.
Foreign cylinder (see Sec.    As marked on          5 (see Sec.  Sec.
 173.301(j) of this            cylinder, but not     180.209(l) and
 subchapter for restrictions   less than 5/3 of      180.213(d)(2)).
 on use).                      any service or
                               working pressure
                               marking.
------------------------------------------------------------------------
\1\ For cylinders not marked with a service pressure, see Sec.
  173.301a(b) of this subchapter.
\2\ For special permit (or exemption) aluminum cylinders marked DOT 3AL,
  see Sec.   173.23(c) of this subchapter.

    (b) DOT 3A or 3AA cylinders. (1) A cylinder conforming to
specification DOT 3A or 3AA with a water capacity of 56.7 kg (125
pounds) or less may be marked with a star and requalified every 10
years instead of every 5 years, provided the cylinder conforms to all
of the following conditions:
    (i) The cylinder is used exclusively for air; argon; cyclopropane;
ethylene; helium; hydrogen; krypton; neon; nitrogen; nitrous oxide;
oxygen; sulfur hexafluoride; xenon; chlorinated hydrocarbons,
fluorinated hydrocarbons, liquefied hydrocarbons, and mixtures thereof
that are commercially free from corroding components; permitted
mixtures of these gases (see Sec.  173.301(d) of this subchapter); and
permitted mixtures of these gases with up to 30 percent by volume of
carbon dioxide, provided the gas has a moisture content less than 55
ppm.
    (ii) The cylinder is not used in any cascade, bank, group, rack or
vehicle. The cylinder is not used in self-contained underwater
breathing apparatus (SCUBA), self-contained breathing apparatus (SCBA),
or in an emergency respirator.
    (iii) The permanent expansion does not exceed 5 percent of the
total expansion.
    (iv) The results of the hydrostatic test meet one of the following
requirements:
    (A) The elastic expansion does not exceed the manufacturer's marked
rejection elastic expansion (REE) limit on the cylinder;
    (B) The elastic expansion does not exceed the applicable rejection
limit tabulated in CGA C-5 (IBR, see Sec.  171.7 of this subchapter);
or
    (C) Either the average wall stress or the maximum wall stress does
not exceed the corresponding wall stress limitation determined by
computing the REE limit in conformance with CGA C-5.
    (v) The cylinder is dried immediately after hydrostatic testing to
remove all traces of water.
    (vi) The cylinder is stamped with a five-pointed star at least one-
fourth of an inch high immediately following the test date to indicate
compliance with this paragraph (b)(1).
    (2) If a cylinder has not been used exclusively for the gases
specifically identified in paragraph (b)(1)(i) of this section, but
currently conforms with all other provisions of paragraph (b)(1) of
this section, it may be requalified every 10 years instead of every 5
years, only after the cylinder has been retested, marked, and placed
into exclusive use and gas service in compliance with paragraph (b)(1)
of this section.
    (3) If, at any time, a cylinder marked with a five-pointed star is
used in a manner other than as specified in paragraph (b)(1) of this
section, the star following the most recent test date must be
obliterated. The cylinder must be requalified within five years from
the

marked test date, or if the required five-year requalification period
has passed, the cylinder must be requalified prior to the first filling
with a compressed gas.
    (c) DOT 4-series cylinders. A DOT 4-series cylinder, except a 4L
cylinder, that at any time shows evidence of a leak, internal or
external corrosion, denting, bulging or rough usage to the extent that
it is likely to be weakened appreciably, or that has lost 5 percent or
more of its official tare weight must be requalified before being
refilled and offered for transportation. [Refer to CGA C-6 or C-6.3
(IBR, see Sec.  171.7 of this subchapter), as applicable, regarding
cylinder weakening.] After testing, the actual tare weight must be
recorded as the new tare weight on the test report and marked on the
cylinder. The previous tare weight must be strike-lined through, but
not obliterated.
* * * * *
    (e) Proof pressure test. A cylinder made in conformance with DOT
Specifications 4B, 4BA, 4BW, or 4E protected externally by a suitable
corrosion-resistant coating and used exclusively for non-corrosive gas
that is commercially free from corroding components may be requalified
by volumetric expansion testing or proof pressure testing every 10
years instead of every 5 years. However, a cylinder used for
reclaiming, recycling, or recovering refrigerant gases must be
requalified by volumetric expansion testing every 5 years. Reclaimed,
recycled, or recovered refrigerant gases are considered to be corrosive
due to contamination. When subjected to a proof pressure test, as
prescribed in CGA C-1 (IBR, see Sec.  171.7 of this subchapter) and
consistent with the applicable specification testing requirement in
Part 178 of this subchapter, the cylinder must be carefully examined
under test pressure and removed from service if a leak or defect is
found.
* * * * *
    (g) Visual inspections. A cylinder conforming to a specification
listed in the table in this paragraph and used exclusively in the
service indicated may, instead of a periodic hydrostatic test, be given
a complete external visual inspection at the time periodic
requalification becomes due. External visual inspection must be in
conformance with CGA C-6 or C-6.3, as applicable (IBR, see Sec.  171.7
of this subchapter). When this inspection is used instead of
hydrostatic testing, subsequent inspections are required at five-year
intervals after the first inspection. Inspections must be made only by
persons holding a current RIN and the results recorded and maintained
in conformance with Sec.  180.215 of this subpart. Records must
include: date of inspection (month and year); DOT-specification number;
cylinder identification (registered symbol and serial number, date of
manufacture, and owner); type of cylinder protective coating (including
statement as to need of refinishing or recoating); conditions checked
(e.g., leakage, corrosion, gouges, dents or digs in shell or heads,
broken or damaged footring or protective ring or fire damage); and
disposition of cylinder (returned to service, returned to cylinder
manufacturer for repairs or condemned). A cylinder passing
requalification by the external visual inspection must be marked in
conformance with Sec.  180.213 of this subpart. Specification cylinders
must be in exclusive service as shown in the following table:

------------------------------------------------------------------------
       Cylinders conforming to--              Used exclusively for--
------------------------------------------------------------------------
DOT 3A, DOT 3AA, DOT 3A480X, DOT 4AA480  Anhydrous ammonia of at least
                                          99.95% purity.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B,     Butadiene, inhibited, that is
 DOT 4B, DOT 4BA, DOT 4BW.                commercially free from
                                          corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B,     Cyclopropane that is
 DOT 4AA480, DOT 4B, DOT 4BA, DOT 4BW.    commercially free from
                                          corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 4B,     Chlorinated hydrocarbons and
 DOT 4BA, DOT 4BW, DOT 4E.                mixtures thereof that are
                                          commercially free from
                                          corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 4B,     Fluorinated hydrocarbons and
 DOT 4BA, DOT 4BW, DOT 4E.                mixtures thereof that are
                                          commercially free from
                                          corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B,     Liquefied hydrocarbon gas that
 DOT 4B, DOT 4BA, DOT 4BW, DOT 4E.        is commercially free of
                                          corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B,     Liquefied petroleum gas that
 DOT 4B, DOT 4BA, DOT 4BW, DOT 4E.        meets the detail requirements
                                          limits in Table 1 of ASTM
                                          1835, Standard Specification
                                          for Liquefied Petroleum (LP)
                                          Gases or an equivalent
                                          standard containing the same
                                          limits.
DOT 3A, DOT 3AA, DOT 3B, DOT 4B, DOT     Methylacetylene-propadiene,
 4BA, DOT 4BW, DOT 4E.                    stabilized, that is
                                          commercially free from
                                          corroding components.
DOT 3A, DOT 3AA, DOT 3B, DOT 4B, DOT     Methylacetylene-propadiene,
 4BA, DOT 4BW, DOT 4E.                    stabilized, that is
                                          commercially free from
                                          corroding components.
DOT 3A, DOT 3AA, DOT 3B, DOT 4B, DOT     Propylene that is commercially
 4BA, DOT 4BW, DOT 4E.                    free from corroding
                                          components.
DOT 3A, DOT 3AA, DOT 3B, DOT 4B, DOT     Anhydrous mono,
 4BA, DOT 4BW.                            ditrimethylamines that are
                                          commercially free from
                                          corroding components.
DOT 4B240, DOT 4BW240..................  Ethyleneimine, stabilized.
DOT 4BW................................  Alkali metal alloys, liquid,
                                          n.o.s., Alkali metal
                                          dispersions or Alkaline earth
                                          metal dispersions, Potassium,
                                          Potassium Sodium alloys and
                                          Sodium that are commercially
                                          free of corroding components.
------------------------------------------------------------------------

* * * * *
    (j) Cylinder used as a fire extinguisher. Only a DOT-specification
cylinder used as a fire extinguisher in conformance with Sec.
173.309(a) of this subchapter may be requalified in conformance with
this paragraph (j).
    (1) A DOT 4B, 4BA, 4B240ET or 4BW cylinder used as a fire
extinguisher may be tested as follows:
    (i) For a cylinder with a water capacity of 5.44 kg (12 pounds) or
less, by the water-jacket, direct expansion or proof pressure test
methods as prescribed in CGA C-1 (IBR, see Sec.  171.7 of this
subchapter). A requalification must be performed by the end of 12 years
after the original test date and at 12-year intervals thereafter.
    (ii) The testing procedures, calibration of the testing equipment,
accuracy of the pressure indicating device, accuracy of the testing
equipment must be as prescribed in CGA C-1.

    (iii) Each cylinder must be tested to a minimum of two (2) times
service pressure.
    (iv) When testing using the water-jacket or direct expansion test
method, the minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied prior to the official test may not exceed 90
percent of the test pressure. If, due to failure of the test apparatus
or operator error, the test pressure cannot be maintained, the test may
be repeated at a pressure increased by 10 percent or 100 psig,
whichever is lower.
    (v) The permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
    (vi) When testing using the proof pressure test method, the minimum
test pressure must be maintained for a specific time frame as
prescribed in CGA C-1. Any internal pressure applied prior to the
official test may not exceed 90 percent of the test pressure. If, due
to failure of the test apparatus or operator error, the test pressure
cannot be maintained, the test may be repeated at a pressure increased
by 10 percent or 100 psig, whichever is lower.
    (vii) When subjected to a proof pressure test, the cylinder must be
carefully examined under test pressure and removed from service if a
leak or defect is found.
    (2) For a cylinder having a water capacity over 5.44 kg (12
pounds), by the water-jacket, direct expansion or proof pressure test
methods as prescribed in CGA C-1. For the water-jacket or direct
expansion test, the requalification must be performed by the end of 12
years after the original test date and at 12-year intervals theafter.
For the proof-pressure test, a requalification must be performed by the
end of 12 years after the original test date and at seven (7) year
intervals.
    (ii) The testing procedures, calibration of the testing equipment,
accuracy of the pressure indicating device, and accuracy of the testing
equipment must be as prescribed in CGA C-1.
    (iii) Each cylinder must be tested to a minimum of two (2) times
service pressure.
    (iv) When testing using the water-jacket or direct expansion test
method, the minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied prior to the official test may not exceed 90
percent of the test pressure. If, due to failure of the test apparatus
or operator error, the test pressure cannot be maintained, the test may
be repeated at a pressure increased by 10 percent or 100 psig,
whichever is lower.
    (v) The permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure. For DOT 4E cylinders, the
permanent volumetric expansion may not exceed 12 percent of total
volumetric expansion at test pressure.
    (vi) When testing using the proof pressure test method, the minimum
test pressure must be maintained for a specific timeframe as prescribed
in CGA C-1 (IBR, see Sec.  171.7 of this subchapter). Any internal
pressure applied prior to the official test may not exceed 90 percent
of the test pressure. If, due to failure of the test apparatus or
operator error, the test pressure cannot be maintained, the test may be
repeated at a pressure increased by 10 percent or 100 psig, whichever
is lower.
    (vii) When subjected to a proof pressure test, the cylinder must be
carefully examined under test pressure and removed from service if a
leak or defect is found.
    (3) A DOT 3A, 3AA, or 3AL cylinder must be requalified by:
    (i) The water-jacket or direct expansion method. A requalification
must be performed 12 years after the original test date and at 12-year
intervals thereafter.
    (ii) The testing procedures, calibration of the testing equipment,
accuracy of the pressure indicating device, accuracy of the testing
equipment must be as prescribed in CGA C-1.
    (iii) Each cylinder must be tested to a minimum of \5/3\ times
service pressure.
    (iv) When testing using the water-jacket or direct expansion test
method, the minimum test pressure must be maintained at least 30
seconds and sufficiently longer to ensure complete expansion. Any
internal pressure applied prior to the official test may not exceed 90
percent of the test pressure. If, due to failure of the test apparatus
or operator error, the test pressure cannot be maintained, the test may
be repeated at a pressure increased by 10 percent or 100 psig,
whichever is lower.
    (v) The permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure. For DOT 4E cylinders, the
permanent volumetric expansion may not exceed 12 percent of total
volumetric expansion at test pressure.
* * * * *
    (l) * * *
    (1) It has been inspected, tested and marked in conformance with
the procedures and requirements of this subpart or the Associate
Administrator has authorized the filling company to fill foreign
cylinders under an alternative method of qualification; and
* * * * *
    (m) DOT-3AL cylinders manufactured of 6351-T6 aluminum alloy. In
addition to the periodic requalification and marking described in Sec.
180.205 of this subpart, each cylinder manufactured of aluminum alloy
6351-T6 with a marked service pressure equal to or exceeding 1,800 psi
must be requalified and inspected for sustained load cracking in
conformance with the non-destructive examination method described in
the following table. A cylinder with cracks must be condemned in
conformance with Sec.  180.205(i) of this subpart.

               Requalification and Inspection of DOT-3AL Cylinders Made of Aluminum Alloy 6351-T6
----------------------------------------------------------------------------------------------------------------
                                                                     Sustained Load Cracking    Requalification
      Requalification requirement        Examination procedure \1\  Condemnation Criteria \2\    period (years)
----------------------------------------------------------------------------------------------------------------
Eddy current examination combined with   Eddy current--In           Any crack in the neck of                   5
 visual inspection.                       conformance with           2 thread lengths or more.
                                          appendix C of this part.
                                         Visual inspection--In
                                          conformance with CGA C-
                                          6.1 (IBR; see Sec.
                                          171.7 of this
                                          subchapter).
----------------------------------------------------------------------------------------------------------------
\1\ The requalifier performing eddy current must be familiar with the eddy current equipment and must
  standardize (calibrate) the system in accordance with the requirements provided in appendix C to this part.
\2\ The eddy current must be applied from the inside of the cylinder's neck to detect any sustained load
  cracking that has expanded into the neck threads.

    (1) Examination procedure. Each facility performing eddy current
examination with visual inspection must develop, update, and maintain a
written examination procedure applicable to the test equipment it uses
to perform eddy current examinations.
    (2) Visual examinations. Visual examinations of the neck and
shoulder area of the cylinder must be conducted in conformance with CGA
C-6.1 (IBR, see Sec.  171.7 of this subchapter).
    (3) Condemnation criteria. A cylinder must be condemned if the eddy
current examination combined with visual examination reveals any crack
in the neck of two thread lengths or more, or if visual inspection
reveals any crack in the neck or shoulder area.
0
48. In Sec.  180.211, revise paragraphs (c) and (e)(1) to read as
follows:

Sec.  180.211  Repair, rebuilding and reheat treatment of DOT-4 series
specification cylinders.

* * * * *
    (c) Additional requirements for the repair or recondition of a DOT-
4L cylinder. (1) Repairs to a DOT-4L welded insulated cylinder must be
performed in conformance with paragraphs (a) and (b) of this section
with the exception that other welding procedures permitted by CGA C-3
(IBR, see Sec.  171.7 of this subchapter), and not excluded by the
definition of ``rebuild,'' are authorized. DOT 4L cylinders must meet
additional requirements for repair specified in Sec.  180.211(c),
including being pressure-tested in conformance with the specifications
under which the cylinder was originally manufactured. DOT 4L cylinders
that undergo procedures not defined as a repair in Sec.  180.203 are
not subject to the requirements of Sec.  180.211(c), including the
requirement to be pressure-tested in conformance with the
specifications under which the cylinder was originally manufactured.
    (2) After repair, the cylinder must be--
    (i) Pressure tested in accordance with the specifications under
which the cylinder was originally manufactured;
    (ii) Leak tested before and after assembly of the insulation jacket
using a mass spectrometer detection system; and
    (iii) Tested for heat conductivity requirements.
    (3) Reconditioning of a DOT 4L welded insulated cylinder must be
performed in accordance with paragraphs (a) and (b) of this section.
Reconditioning applies to the work other than repair as described in
paragraphs (c)(1) and (c)(2) of this section and that work is performed
on parts other than the inner containment vessel (cylinder). Work to
recondition a DOT 4L welded insulated cylinder includes the following:
    (i) The removal of either end of the insulation jacket.
    (ii) The replacement of the neck tube. At least a 13 mm (0.51 inch)
piece of the original neck tube must be protruding above the cylinder's
top end. The original weld attaching the neck tube to the cylinder must
be sound, and the replacement neck tube must be welded to this
remaining piece of the original neck tube.
    (iii) The replacement of material such as, but not limited to, the
insulating material and the piping system within the insulation space
with materials that are identical to those used in the original
manufacture of the cylinder.
    (4) After reconditioning as described in paragraph (c)(3) of this
section, the welded cylinder must be:
    (i) Pneumatically leak tested, to the closure point of all piping
and gauging systems, to 90% of the service pressure or the relief valve
set point, whichever is less;
    (ii) Leak tested before and after assembly of the insulation jacket
using a mass spectrometer detection system; and
    (iii) Tested for heat conductivity requirements.
* * * * *
    (e) * * *
    (1) The rebuilding of a DOT 4L welded insulated cylinder must be
performed in conformance with paragraph (d) of this section. DOT-4
series cylinders requiring rebuild (e.g., when the inner vessel is
compromised), as defined in Sec.  180.203, must do so in conformance
with Sec.  180.211. DOT 4L cylinders which undergo procedures that are
not defined as a rebuild in Sec.  180.203 are not subject to the
requirements of Sec.  180.203(e). Rebuilding of a DOT-4L welded
insulated cylinder also includes:
    (i) Substituting or adding material in the insulation space not
identical to that used in the original manufacture of that cylinder, or
    (ii) Making a weld repair not to exceed 150 mm (5.9 inches) in
length on the longitudinal seam of the cylinder or 300 mm (11.8 inches)
in length on a circumferential weld joint of the cylinder.
* * * * *
0
49. In Sec.  180.212, add paragraph (a)(3) to read as follows:

Sec.  180.212  Repair of seamless DOT 3-series specification cylinders
and seamless UN pressure receptacles.

    (a) * * *
    (3) If grinding is performed on a DOT 3-series cylinder or a
seamless UN pressure receptacle, the following conditions apply after
grinding has been completed. Grinding must not be used to remove arc
burns from a cylinder as such a cylinder must be condemned:
    (i) Ultrasonic examination must be conducted to ensure that the
wall thickness is not less than the minimum design requirement. The
wall thickness must be measured in at least 3 different areas for every
10 square inches of grinding area.
    (ii) The cylinder must be requalified in conformance with Sec.
180.205 of this subpart.
    (iii) The cylinder must be marked in accordance with Sec.
180.213(f)(10) of this subpart to indicate compliance with this
paragraph (a)(3).
* * * * *
0
50. In Sec.  180.213, revise paragraphs (c) and (d)(2), and add
paragraphs (f)(10), (f)(11), and (g) to read as follows:

Sec.  180.213  Requalification markings.

* * * * *
    (c) Requalification marking method. (1) The depth of
requalification markings may not be greater than specified in the
applicable specification. The markings must be made by stamping,
engraving, scribing or other method that produces a legible, durable
mark.
    (i) Requalification marks must begin at the top of the space
provided, immediately to the right of the original manufacture date of
the cylinder, as space allows. Subsequent retest dates must go
immediately below the previous date, continuing down in sequential
order to the bottom of the shoulder or area provided for marking.
Retest marks must proceed further in columns to the right of the last
column markings.
    (ii) Except as provided in part 178 of this subchapter, stamping on
the sidewall is prohibited.
    (2) A cylinder used as a fire extinguisher (Sec.  180.209(j) of
this subpart) may be marked by using a pressure sensitive label.
    (3) For a DOT 3HT cylinder, when stamped, the test date and RIN
must be applied by low-stress steel stamps to a depth no greater than
that prescribed at the time of manufacture. Stamping on the sidewall is
not authorized.
    (4) For a composite cylinder, the requalification markings must be
applied on a pressure sensitive label, securely affixed and overcoated
with epoxy in a manner prescribed by the cylinder manufacturer, near
the original manufacturer's label. Stamping of the composite surface is
not authorized.

    (d) * * *
    (2) A cylinder subject to the requirements of Sec.  171.23(a)(4) of
this subchapter must be marked with the date and RIN in accordance with
this paragraph (d) and paragraph (f)(11) of this section, or marked in
accordance with the requalification authorized by the Associate
Administrator in accordance with Sec.  171.23(a)(4)(i) of this
subchapter.
* * * * *
    (f) * * *
    (10) For designation of grinding with ultrasonic wall thickness
examination, the marking is as illustrated in paragraph (d) of this
section, except the ``X'' is replaced with the letter ``R''.
    (11) For designation of requalification of a foreign cylinder
requalified in conformance with Sec. Sec.  171.23(a)(4) and 180.209(l)
of this subchapter, the marking is as illustrated in paragraph (d) of
this section, except that the ``X'' is replaced with the letters
``EX''.
    (g) Visual inspection requalification markings. Alternative to the
marking requirements of paragraph (d) and (f)(5) of this section, each
cylinder successfully passing a visual inspection only, in accordance
with Sec.  180.209(g) of this subpart, may be marked with the visual
inspection number (e.g., V123456) issued to a person performing visual
inspections. An example of the manner in which the markings may be
applied is as follows:

------------------------------------------------------------------------

------------------------------------------------------------------------
                      V123                              V123456
                    03 14E                               0314 E
                       654
            0314 E V123456                        V123456 0314E
------------------------------------------------------------------------

Where:

``03'' is the month of requalification (the additional numeral ``0''
is optional'')
``V123456'' is the RIN
``14'' is the year of requalification; and
``E'' to indicate visual inspection
0
51. In Sec.  180.215, revise paragraph (b) and (c)(2)(vii), and add
(c)(3) to read as follows:

Sec.  180.215  Reporting and record retention requirements.

* * * * *
    (b) Requalification records. Daily records of visual inspection,
pressure test, eddy current examination if required, and ultrasonic
examination if permitted under a special permit, as applicable, 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. A single date may be used
for each test sheet, provided each test on the sheet was conducted on
that date. Ditto marks or a solid vertical line may be used to indicate
repetition of the preceding entry for the following entries only: date;
actual dimensions; manufacturer's name or symbol, if present; owner's
name or symbol, if present; and test operator. Blank spaces may not be
used to indicate repetition of a prior entry. A symbol may be used for
the actual dimensions if there is a reference chart available at the
facility that lists the actual dimensions of every symbol used. The
records must include the following information:
    (1) Calibration test records. For each test to demonstrate
calibration, the date; serial number of the calibrated cylinder;
calibration test pressure; total, elastic and permanent expansions; and
legible identification of test operator. The test operator must be able
to demonstrate that the results of the daily calibration verification
correspond to the hydrostatic tests performed on that day. The daily
verification of calibration(s) may be recorded on the same sheets as,
and with, test records for that date, or may be recorded on a separate
sheet.
    (2) Pressure test and visual inspection records. The date of
requalification; serial number; DOT-specification or special permit
number; marked pressure; actual dimensions; manufacturer's name or
symbol, if present; date of manufacture; owner's name or symbol, if
present; gas service; result of visual inspection; actual test
pressure; total, elastic and permanent expansions; percent permanent
expansion; disposition, with reason for any repeated test, rejection or
condemnation; and legible identification of test operator. For each
cylinder marked pursuant to Sec.  173.302a(b)(5) of this subchapter,
the test sheet must indicate the method by which any average or maximum
wall stress was computed. Records must be kept for all completed, as
well as unsuccessful tests. The entry for a repeated test must indicate
the date of the earlier test, if conducted on a different day.
    (3) Wall stress. Calculations of average and maximum wall stress
pursuant to Sec. Sec.  173.302a(b)(3) and 180.209(b)(1) of this
subchapter, if performed.
    (4) Calibration certificates. The most recent certificate of
calibration must be maintained for each calibrated cylinder, pressure
indicating device, and expansion indicating device.
    (5) Eddy current examination records. (i) Records of eddy current
inspection equipment must contain the following information:
    (A) Equipment manufacturer, model number, and serial number.
    (B) Probe description and unique identification (e.g., serial
number, part number, etc.).
    (C) Specification of each standard reference ring used to perform
the eddy current examination.
    (ii) Eddy current examination records must contain the following
information:
    (A) DOT-specification or special permit number of the cylinder;
manufacturer's name or symbol; owner's name or symbol, if present;
serial number, and date of manufacture.
    (B) Identification of each standard reference ring used to perform
the eddy current examination.
    (C) Name of test operator performing the eddy current examination.
    (D) Date of eddy current examination.
    (E) Acceptance/condemnation results (e.g., pass or fail).
    (F) Retester identification number.
    (c) * * *
    (2) * * *
    (vii) Results of a test on a cylinder, including test method, test
pressure, total expansion, permanent expansion, elastic expansion,
percent permanent expansion (permanent expansion may not exceed ten
percent (10 percent) of total expansion), and volumetric capacity
(volumetric capacity of a rebuilt cylinder must be within 3
percent of the calculated capacity);
* * * * *
    (3) A record of grinding and ultrasonic examination in conformance
with Sec.  180.212(a)(3) of this subpart must be completed for each
cylinder on which grinding is performed. The record must be clear,
legible, and contain the following information:
    (i) Name and address of the test facility, date of test report, and
name or original manufacturer;
    (ii) Marks stamped on cylinder to include specification number,
service pressure, serial number, symbol of manufacturer, and date of
manufacture;
    (iii) Cylinder outside diameter and length in inches;
    (iv) Detailed map of where the grinding was performed on the
cylinder; and
    (v) Wall thickness measurements in grind area in conformance with
Sec.  180.212(a)(3)(i).
* * * * *
0
52. In appendix C to part 180, the heading and paragraph 1 are revised
to read as follows:

APPENDIX C TO PART 180--EDDY CURRENT EQUIPMENT REQUIREMENTS FOR
INSPECTION OF DOT 3AL CYLINDERS MANUFACTURED OF ALUMINUM ALLOY 6351-T6

    1. Equipment calibration. Each facility performing an eddy
current examination must develop, update, and maintain a written
calibration procedure applicable to the test equipment it uses to
perform eddy current examinations.
* * * * *

    Issued in Washington, DC on July 11, 2016, under authority
delegated in 49 CFR 1.97.
William Schoonover,
Acting Associate Administrator for Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.

[FR Doc. 2016-16689 Filed 7-25-16; 8:45 am]
BILLING CODE 4910-60-P