(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 be at least \1/16\-
inch thick and must be attached by welding at a temperature of 1,100
[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.
    (o) Inspector's report. In addition to the information required by
Sec.  178.35, the inspector's report must indicate the type and amount
of radiography.

0
39. 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 the
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.
    (i) The leakage test must be conducted by submersion under water or
by some other method that will be equally sensitive.
    (ii) If the cylinder leaks, evidences visible distortion or
evidences any other defect while under test, it must be rejected (see
paragraph (h) of this section).
    (iii) If, due to failure of the test apparatus or operator error,
the test pressure cannot be maintained, the test may be repeated in
accordance with CGA, C-1 section 7.1.2.
    (2) One cylinder taken from the beginning of each lot, and one from
each 1,000 or less successively produced within the lot thereafter,
must be hydrostatically tested to destruction. 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. The entire lot must be rejected (see paragraph (h)
of this section) if:
    (i) A failure occurs at a gage pressure less than 2.0 times the
test pressure;
    (ii) A failure initiates in a braze or a weld or the heat affected
zone thereof;
    (iii) A failure is other than in the sidewall of a cylinder
longitudinal with its long axis; or
    (iv) In a sphere, a failure occurs in any opening, reinforcement,
or at a point of attachment.
    (3) A ``lot'' is defined as the quantity of cylinders successively
produced per production shift (not exceeding 10 hours) having identical
size, design, construction, material, heat treatment, finish, and
quality.
* * * * *

0
40. In Sec.  178.68:
0
a. Revise paragraphs (b), (e), (h), (j) introductory text, (j)(1), and
(k) through (m);
0
b. Redesignate paragraph (n) as paragraph (o); and
0
c. Add new paragraph (n).
    The revisions and addition read as follows:

Sec.  178.68   Specification 4E welded aluminum cylinders.

* * * * *
    (b) Authorized material. (1) The cylinder must be constructed of
aluminum of uniform quality. The following chemical analyses are
authorized:

            Table 1 to Paragraph (b)(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.
------------------------------------------------------------------------

    (2) The aluminum used in the construction of the cylinder must be
as specified in Table 1 to paragraph (b)(1) of this section. Analyses
must regularly be made only for the elements specifically mentioned in
the table. If, however, the presence of other elements is indicated in
the course of routine analysis, further analysis should be made to
determine conformance with the limits specified for other elements. 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) Pressure test. All cylinders with a wall stress greater than
18,000 psig 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 in accordance with CGA
C-1, section 5.7.2.
    (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 psig or
less may be lot tested. At least one (1) 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. If, due to failure of the test apparatus or
operator error, the test pressure cannot be maintained, the test may be
repeated in accordance with CGA C-1, section 5.7.2.
    (ii) Each selected 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.
    (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 psig or less, the remaining cylinders of the lot must be
pressure tested by the proof pressure, water-jacket, or direct
expansion test method as defined in CGA C-1. The minimum test pressure
must be maintained for the 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.
    (ii) Each cylinder must be tested to a minimum of two (2) times
service pressure and show no defect. If, due to failure of the test
apparatus or operator error, the test pressure cannot be maintained,
the test may be repeated in accordance with CGA C-1 5.7.2 or 7.1.2, as
appropriate. Determination of expansion properties is not required.
    (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 rejection of the lot. All testing equipment and pressure
indicating devices must be accurate within the parameters defined in
CGA C-1.
* * * * *
    (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 this subpart
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 at least 7 percent and yield strength
not over 80 percent of tensile strength.
    (l) Weld tests. Welds of the cylinder are required to pass the
following tests successfully:
    (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 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 rejected 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 rejected.
    (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) Standard guided bend test. 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 rejected.
    (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
rejected.
    (m) Rejected cylinders. 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 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
41. 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. An audit may be required as
part of the process to modify an approval.
* * * * *

0
42. In Sec.  178.75, revise paragraphs (e)(3)(i) and (ii) and (f)(1) to
read as follows:

Sec.  178.75   Specifications for MEGCs.

* * * * *
    (e) * * *
    (3) * * *
    (i) Two valves in series must be placed in an accessible position
on each discharge and filling pipe. One of the valves may be a backflow
prevention valve.
    (ii) The filling and discharge devices may be equipped to a
manifold.
* * * * *
    (f) * * *
    (1) The size of the pressure relief devices: CGA S-1.1, excluding
paragraph 9.1.1, (IBR, see Sec.  171.7 of this subchapter) must be used
to determine the relief capacity of individual pressure receptacles.
* * * * *

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. Revise the definition for ``Commercially free of corrosive
components;''
0
b. Remove the definitions ``Defect'' and ``Elastic expansion;''
0
c. Add definitions for ``Mobile unit'' and ``Over-pressurized'' in
alphabetical order;
0
d. Remove the definition of ``Permanent expansion;''
0
e. Revise the definition for ``Proof pressure test;'' and
0
f. Remove the definitions of ``Rejected cylinder,'' ``Test pressure,''
``Total expansion,'' ``Visual inspection,'' and ``Volumetric expansion
test.''
    The additions and revisions read as follows:

Sec.  180.203  Definitions.

* * * * *
    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).
* * * * *
    Mobile unit means a vehicle specifically authorized under a RIN to
carry out requalification operations

identified under the RIN within specified geographic areas away from
the principle place of business. 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.
* * * * *
    Proof pressure test means a liquid-based pressure test by interior
pressurization without the determination of a cylinder's expansion.
* * * * *

0
45. In Sec.  180.205:
0
a. Revise paragraphs (c) introductory text and (d);
0
b. Add paragraphs (f)(5) and (6);
0
c. Revise paragraphs (g), (h)(3), and (i)(1)(viii);
0
d. Add paragraphs (i)(1)(ix) through (xi);
0
e. Revise paragraphs (i)(2) and (3); and
0
f. Add paragraph (j).
    The revisions and additions read as follows:

Sec.  180.205   General requirements for requalification of
specification cylinders.

* * * * *
    (c) Periodic requalification of cylinders. Each cylinder bearing a
DOT, CRC, BTC, or CTC specification marking must be requalified and
marked as specified in the requalification table in Sec.  180.209(a) or
requalified and marked by a facility registered by Transport Canada in
accordance with the Transport Canada TDG Regulations (IBR, see Sec.
171.7 of this subchapter). Each cylinder bearing both a TC
specification marking and also marked with a corresponding DOT
specification marking must be requalified and marked as specified in
the requalification table in Sec.  180.209(a) or requalified and marked
by a facility registered by Transport Canada in accordance with the
Transport Canada TDG Regulations. 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). Each cylinder bearing only a TC mark must be
requalified and marked as specified in the Transport Canada TDG
Regulations, except that registration with Transport Canada is not
required and cylinders must be marked with the requalifier's DOT issued
requalifier identification number. 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
accordance 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 in association with an authorized repair, evidence of
removal of wall thickness via grinding, sanding or other means; or
    (5) The Associate Administrator determines that the cylinder may be
in an unsafe condition.
* * * * *
    (f) * * *
    (5) Except in association with an authorized repair, removal of
wall thickness via grinding, sanding or other means is not permitted.
Removal of paint or loose material to prepare the cylinder for
inspection is permitted (e.g., shot blasting).
    (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.
* * * * *
    (g) Pressure test. (1) Unless otherwise provided, each cylinder
required to be retested under this subpart must be retested by means
suitable for measuring the expansion of the cylinder under pressure.
Testing must be performed in accordance with CGA C-1 (except for
paragraph <IP_ADDRESS>, if the required accuracy of the pressure indicating
device can be demonstrated by other recognized means such as
calibration certificates) (IBR, see Sec.  171.7 of this subchapter).
    (2) The pressure indicating device and expansion indicating device
must meet the resolution requirements of CGA C-1. Midpoint visual
interpolation is allowed.
    (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, as part of the retest
apparatus, is accurate within 1.0% of the prescribed test
pressure of any cylinder tested that day. The pressure indicating
device, itself, must be certified as having an accuracy of 0.5%, or better, of its full range, and must permit readings of
pressure from 90%-110% of the minimum prescribed test pressure of the
cylinder to be tested. The accuracy of the pressure indicating device
within the test system can be demonstrated at any point within 500 psig
of the actual test pressure for test pressures at or above 3000 psig,
or 10% of the actual test pressure for test pressures below 3000 psig.
    (ii) The expansion-indicating device, as part of the retest
apparatus, meets the accuracy requirements of CGA C-1.
    (4) Test equipment must be verified each day before retesting as
required in CGA C-1.
    (i) The retester must demonstrate calibration in conformance with
this paragraph (g) to an authorized inspector on any day that it
retests cylinders.
    (ii) A retester must maintain calibrated cylinder certificates in
conformance with Sec.  180.215(b)(4).
    (5) A system check may be performed at or below 90% of test
pressure prior to the retest. In the case of a malfunction of the test
equipment or operator error, the test may be repeated in accordance
with CGA C-1, section 5.7.1. This paragraph (g) does not authorize
retest of a cylinder otherwise required to be condemned under paragraph
(i) of this section.
    (h) * * *
    (3) Unless the cylinder is repaired or rebuilt in conformance with
requirements in Sec.  180.211, 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 Xs 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 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, and (d)(1) 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. A pressure
receptacle with a specified service life may not be refilled and
offered for transportation after its authorized service life has
expired unless approval has been obtained in writing from the Associate
Administrator.
    (b) * * *
    (2) Each pressure receptacle that fails requalification must be
rejected or condemned in accordance with 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). 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 pressure receptacles exceeding 150 L capacity installed in
MEGCs or in other service, must be requalified in accordance with ISO
6406:2005(E) (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 accordance with ISO
6406:2005(E). For seamless steel cylinders and tubes, the internal
inspection and hydraulic pressure test may be replaced by a procedure
conforming to ISO 16148:2016(E) (IBR, see Sec.  171.1).
* * * * *

0
47. In Sec.  180.209:
0
a. Remove and reserve paragraph (b)(1)(iii); and
0
b. Revise paragraphs (c), (e), (g), (j), and (l)(1).
    The revisions read as follows:

Sec.  180.209   Requirements for requalification of specification
cylinders.

* * * * *
    (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) Cylinders in non-corrosive gas service. 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
every 12 years instead of every 5 years. As an alternative, the
cylinder may be subjected to a proof pressure test at least two times
the marked service pressure, but this latter type of test must be
repeated every 10 years after expiration of the initial 12-year period.
When subjected to a proof pressure test, as prescribed in CGA C-1 (IBR,
see Sec.  171.7 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 (g) 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. 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. 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. Specification cylinders must be in
exclusive service as shown in table 2 to this paragraph (g):

                                            Table 2 to Paragraph (g)
----------------------------------------------------------------------------------------------------------------
               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, DOT 4B, DOT 4BA,    Butadiene, inhibited, that is commercially free from
 DOT 4BW.                                                 corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B. DOT 4AA480, DOT     Cyclopropane that is commercially free from corroding
 4B, DOT 4BA, DOT 4BW.                                    components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 4B, DOT 4BA, DOT 4BW,   Chlorinated hydrocarbons and mixtures thereof that are
 DOT 4E.                                                  commercially free from corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 4B, DOT 4BA, DOT 4BW,   Fluorinated hydrocarbons and mixtures thereof that are
 DOT 4E.                                                  commercially free from corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B, DOT 4B, DOT 4BA,    Liquefied hydrocarbon gas that is commercially free of
 DOT 4BW, DOT 4E.                                         corroding components.
DOT 3A, DOT 3AA, DOT 3A480X, DOT 3B, DOT 4B, DOT 4BA,    Liquefied petroleum gas that meets the detail
 DOT 4BW, DOT 4E.                                         requirements limits in Table 1 of ASTM 1835, Standard
                                                          Specification for Liquefied Petroleum (LP) Gases
                                                          (incorporated by reference; see Sec.   171.7 of this
                                                          subchapter) or an equivalent standard containing the
                                                          same limits.
DOT 3A, DOT 3AA, DOT 3B, DOT 4B, DOT 4BA, DOT 4BW, DOT   Methylacetylene-propadiene, stabilized, that is
 4E.                                                      commercially free from corroding components.
DOT 3A, DOT 3AA, DOT 3B, DOT 4B, DOT 4BA, DOT 4BW, DOT   Propylene that is commercially free from corroding
 4E.                                                      components.
DOT 3A, DOT 3AA, DOT 3B, DOT 4B, DOT 4BA, DOT 4BW......  Anhydrous mono, di, trimethylamines 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). 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.
    (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. A requalification must be performed
by the end of 12 years after the original test date and at 12-year
intervals thereafter.
    (A) Each cylinder must be tested to a minimum of two (2) times
service pressure.
    (B) When testing using the water-jacket or direct expansion test
method, the permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
    (C) When testing using the proof pressure test method, the cylinder
must be carefully examined under test pressure and removed from service
if a leak or defect is found.
    (ii) 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.
    (A) Each cylinder must be tested to a minimum of two (2) times
service pressure.
    (B) When testing using the water-jacket or direct expansion test
method, the permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
    (C) When testing using the proof pressure test method, the cylinder
must be carefully examined under test pressure and removed from service
if a leak or defect is found.
    (2) 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) Each cylinder must be tested to a minimum of \5/3\ times
service pressure.
    (iii) When testing using the water-jacket or direct expansion test
method, the permanent volumetric expansion may not exceed 10 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
* * * * *

0
48. 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.
    (iii) The cylinder must be marked in accordance with Sec.
180.213(f)(10) to indicate compliance with this paragraph (a)(3).
* * * * *

0
49. In Sec.  180.213, revise paragraphs (c) and (d)(2) and add
paragraphs (f)(10) and (11) and (g) to read as follows:

Sec.  180.213   Requalification markings.

* * * * *
    (c) Requalification marking method. 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 applying a label embedded in epoxy that will
remain legible and durable throughout the life of the cylinder, or by
other methods that produce a legible, durable mark.
    (1) A cylinder used as a fire extinguisher (see Sec.  180.209(j))
may be marked by using a pressure sensitive label.
    (2) 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.
    (3) 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)(5) 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)(5)(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)(5) of this
subchapter and 180.209(l), the marking is as illustrated in paragraph
(d) of this section, except that the ``X'' is replaced with the letters
``EX'' to indicate that the cylinder is for export only.
    (g) Visual inspection requalification markings. (1) Alternative to
the marking requirements of paragraphs (d) and (f)(5) of this section,
each cylinder successfully passing a visual inspection only, in
accordance with Sec.  180.209(g), may be marked with the visual
inspection number (e.g., V123456) issued to a person performing visual
inspections. Examples of the way the markings may be applied are as
follows:
[GRAPHIC] [TIFF OMITTED] TR28DE20.498

(2) Where:

(i) ``03'' is the month of requalification (the additional numeral
``0'' is optional'');
(ii) ``V123456'' is the RIN;
(iii) ``14'' is the year of requalification; and
(iv) ``E'' to indicate visual inspection.

0
50. In Sec.  180.215, revise paragraphs (a)(6), (b), and (c)(2)(vii)
and add paragraph (c)(3) to read as follows:

Sec.  180.215   Reporting and record retention requirements.

    (a) * * *
    (6) The information contained in each applicable CGA or ASTM
standard incorporated by reference in Sec.  171.7 of this subchapter
applicable to the requalifier's activities.
    (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; year 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.  173.302a(b)(3) 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.
    (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) 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).

    Issued in Washington, DC, on November 23, 2020, under authority
delegated in 49 CFR part 1.97.
Drue Pearce,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2020-26264 Filed 12-23-20; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Rules and Regulations]
[Pages 65831-65834]
[FR Doc No: 2012-26521]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0279; FRL-9365-3]

[Alpha]-([Rho]-Nonylphenyl)poly(oxypropylene) Block Polymer With
Poly(oxyethylene); Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation amends an exemption from the requirement of a
tolerance for residues of [alpha]-([rho]-Nonylphenyl)poly(oxypropylene)
block polymer with poly(oxyethylene); when used as an inert ingredient
in a pesticide chemical formulation. Stephan Company submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting an exemption from the requirement of a tolerance. This
regulation eliminates the

need to establish a maximum permissible level for residues of [alpha]-
([rho]-Nonylphenyl)poly(oxypropylene) block polymer with
poly(oxyethylene) on food or feed commodities.

DATES: This regulation is effective October 31, 2012. Objections and
requests for hearings must be received on or before December 31, 2012,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2012-0279, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: William Cutchin, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2012-0279 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
December 31, 2012. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any CBI) for inclusion in the public docket.
Information not marked confidential pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior notice. Submit the non-CBI copy
of your objection or hearing request, identified by docket ID number
EPA-HQ-OPP-2012-0279, by one of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of July 25, 2012 (77 FR 43562) (FRL-9353-
6), EPA issued a notice pursuant to FFDCA section 408, 21 U.S.C. 346a,
announcing the receipt of a pesticide petition (PP 2E8000) filed by
Stephan Company, 22 West Frontage Rd., Northfield Illinois 60093. The
petition requested that 40 CFR 180.960 be amended by revising an
exemption from the requirement of a tolerance for residues of [alpha]-
([rho]-Nonylphenyl)poly(oxypropylene) block polymer with
poly(oxyethylene); CAS No. 37251-69-7. That notice included a summary
of the petition prepared by the petitioner and solicited comments on
the petitioner's request. The Agency did not receive any comments.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and use in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing an exemption from the
requirement of a tolerance and to ``ensure that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residue * * *'' and
specifies factors EPA is to consider in establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.

    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this final rule and considered its validity, completeness and
reliability and the relationship of this information to human risk. EPA
has also considered available information concerning the variability of
the sensitivities of major identifiable subgroups of consumers,
including infants and children. In the case of certain chemical
substances that are defined as polymers, the Agency has established a
set of criteria to identify categories of polymers expected to present
minimal or no risk. The definition of a polymer is given in 40 CFR
723.250(b) and the exclusion criteria for identifying these low-risk
polymers are described in 40 CFR 723.250(d). [alpha]-([rho]-
Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene)
conforms to the definition of a polymer given in 40 CFR 723.250(b) and
meets the following criteria that are used to identify low-risk
polymers.
    1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymer does contain as an integral part of its composition
the atomic elements carbon, hydrogen, and oxygen.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.
    Additionally, the polymer also meets as required the following
exemption criteria specified in 40 CFR 723.250(e).
    7. The polymer's number average MW of 1,889 is greater than 1,000
and less than 10,000 daltons. The polymer contains less than 10 percent
oligomeric material below MW 500 and less than 25 percent oligomeric
material below MW 1,000, and the polymer does not contain any reactive
functional groups.
    Thus, [alpha]-([rho]-Nonylphenyl)poly(oxypropylene) block polymer
with poly(oxyethylene) meets the criteria for a polymer to be
considered low risk under 40 CFR 723.250. Based on its conformance to
the criteria in 40 CFR 723.250, no mammalian toxicity is anticipated
from dietary, inhalation, or dermal exposure to [alpha]-([rho]-
Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene).

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that [alpha]-([rho]-
Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene)
could be present in all raw and processed agricultural commodities and
drinking water, and that non-occupational non-dietary exposure was
possible. The number average MW of [alpha]-([rho]-
Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene) is
1,889 daltons. Generally, a polymer of this size would be poorly
absorbed through the intact gastrointestinal tract or through intact
human skin. Since [alpha]-([rho]-Nonylphenyl)poly(oxypropylene) block
polymer with poly(oxyethylene) conform to the criteria that identify a
low-risk polymer, there are no concerns for risks associated with any
potential exposure scenarios that are reasonably foreseeable. The
Agency has determined that a tolerance is not necessary to protect the
public health.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    EPA has not found [alpha]-([rho]-Nonylphenyl)poly(oxypropylene)
block polymer with poly(oxyethylene) to share a common mechanism of
toxicity with any other substances, and [alpha]-([rho]-
Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene)
does not appear to produce a toxic metabolite produced by other
substances. For the purposes of this tolerance action, therefore, EPA
has assumed that [alpha]-([rho]-Nonylphenyl)poly(oxypropylene) block
polymer with poly(oxyethylene) does not have a common mechanism of
toxicity with other substances. For information regarding EPA's efforts
to determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's Web site
at http://www.epa.gov/pesticides/cumulative.

VI. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. Due to the expected low toxicity of [alpha]-([rho]-
Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene),
EPA has not used a safety factor analysis to assess the risk. For the
same reasons the additional tenfold safety factor is unnecessary.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the U.S. population, including infants and children, from
aggregate exposure to residues of [alpha]-([rho]-
Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene).

VIII. Other Considerations

A. Existing Exemptions From a Tolerance

    There is an existing tolerance for [alpha]-([rho]-
Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene);
poly oxyethylene content 30 to 90 moles; molecular weight (in amu)
averages 3,000 in 40 CFR 180.960.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

C. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is

different from a Codex MRL; however, FFDCA section 408(b)(4) requires
that EPA explain the reasons for departing from the Codex level.
    The Codex has not established a MRL for [alpha]-([rho]-
Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene).

IX. Conclusion

    Accordingly, EPA finds that exempting residues of [alpha]-([rho]-
Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene)
from the requirement of a tolerance will be safe.

X. Statutory and Executive Order Reviews

    This final rule establishes an exemption from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these rules from review under Executive Order 12866, entitled
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993).
Because this final rule has been exempted from review under Executive
Order 12866, this final rule is not subject to Executive Order 13211,
entitled ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it involve any technical standards that
would require Agency consideration of voluntary consensus standards
pursuant to section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA) (15 U.S.C. 272 note).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes, or otherwise have any unique
impacts on local governments. Thus, the Agency has determined that
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999) and Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000) do not apply to this final rule. In addition, this final rule
does not impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
    Although this action does not require any special considerations
under Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994), EPA seeks to achieve
environmental justice, the fair treatment and meaningful involvement of
any group, including minority and/or low-income populations, in the
development, implementation, and enforcement of environmental laws,
regulations, and policies. As such, to the extent that information is
publicly available or was submitted in comments to EPA, the Agency
considered whether groups or segments of the population, as a result of
their location, cultural practices, or other factors, may have atypical
or disproportionately high and adverse human health impacts or
environmental effects from exposure to the pesticide discussed in this
document, compared to the general population.

XI. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: October 15, 2012.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In the table to Sec.  180.960, revise the following polymer entry
which appears immediately above the polymer entry which reads in part
``Octadecanoic acid, 12-hydroxy-* * *'', with ``CAS No. 58128-22-6,''
to read as follows:

Sec.  [emsp14]180.960  Polymers; exemptions from the requirement of a
tolerance.

* * * * *

------------------------------------------------------------------------
                         Polymer                              CAS No.
------------------------------------------------------------------------

                                * * * * *
[alpha]-([rho]-Nonylphenyl)poly(oxypropylene) block           37251-69-7
 polymer with poly(oxyethylene); poly oxyethylene
 content 30 to 90 moles; minimum number average
 molecular weight (in amu), 1,889.......................

                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2012-26521 Filed 10-30-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Notices]
[Pages 60950-60952]
[FR Doc No: 2013-24009]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70518; File No. SR-NYSEArca-2013-100]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Extending the Pilot
Program for Certain Clearly Erroneous Executions Under Rule 7.10 and
Removing References to Individual Security Trading Pauses Contained in
Rule 7.10(c)(4)

September 26, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 24, 2013, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the pilot program for certain
clearly erroneous executions under Rule 7.10 and remove references to
individual security trading pauses contained in Rule 7.10(c)(4). The
text of the proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to extend the pilot program for certain
clearly erroneous executions under Rule 7.10 and remove references to
individual security trading pauses contained in Rule 7.10(c)(4).
Portions of Rule 7.10, explained in further detail below, are currently
operating as a pilot program set to expire on September 30, 2013.\4\
The Exchange proposes to extend the pilot program to April 8, 2014.
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    \4\ See Securities Exchange Act Release No. 68809 (February 1,
2013), 78 FR 9081 (February 7, 2013) (SR-NYSEArca-2013-12).
---------------------------------------------------------------------------

    On September 10, 2010, the Securities and Exchange Commission
(``Commission'') approved, on a pilot basis, changes to Rule 7.10 to
provide for uniform treatment: (1) Of clearly erroneous execution
reviews in multi-stock events involving twenty or more securities; and
(2) in the event transactions occur that result in the issuance of an
individual security trading pause by the primary listing market and
subsequent transactions that occur before the trading pause is in
effect on the Exchange.\5\ The Exchange also adopted additional changes
to Rule 7.10 that reduced the ability of the Exchange to deviate from
the objective standards set forth in Rule 7.10,\6\ and in 2013, adopted
a provision designed to address the operation of the Plan to Address
Extraordinary Market Volatility Pursuant to Rule 608 of Regulation NMS
under the Act (the ``Limit Up-Limit Down Plan'' or the ``Plan'').\7\
The

Exchange believes the benefits to market participants from the more
objective clearly erroneous executions rule should continue on a pilot
basis through April 8, 2014, which is one year following the
commencement of operations of the Plan. The Exchange believes that
continuing the pilot during this time will protect against any
unanticipated consequences. Thus, the Exchange believes that the
protections of Rule 7.10 should continue while the industry gains
further experience operating the Limit Up-Limit Down Plan.
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    \5\ See Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010) (SR-NYSEArca-2010-58).
    \6\ Id.
    \7\ See Securities Exchange Act Release No. 68809 (February 1,
2013), 78 FR 9081 (February 7, 2013) (SR-NYSEArca-2013-12);
Securities Exchange Act Release No. 67091 (May 31, 2012), 77 FR
33498 (June 6, 2012) (the ``Limit Up-Limit Down Release''); see also
Rule 7.10(i).
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    The Exchange also proposes to eliminate all references in Rule 7.10
to individual security trading pauses issued by a primary listing
market. Specifically, Rule 7.10(c)(4) provides specific rules to follow
with respect to review of an execution as potentially clearly erroneous
when there is an individual security trading pause pursuant to Rule
7.11. The individual security trading pauses described in Rule
128[sic](c)(4), which apply to the securities included in the S&P 500
and Russell 1000 indexes as well as to a pilot list of Exchange Traded
Products (the ``subject securities''), are being phased out as
securities become subject to the Plan pursuant to a phased
implementation schedule. The Plan is already operational with respect
to all subject securities, and thus, the Exchange believes that all
references to individual security trading pauses should be removed,
including all cross-references to Rule 7.10(c)(4) contained in other
portions of Rule 7.10.\8\
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    \8\ The Exchange notes that certain Exchange Traded Products
(``ETPs'') are not yet subject to the Limit Up-Limit Down Plan.
Because such ETPs are not on the pilot list of securities, such ETPs
are not subject to Rule 7.10(c)(4). See Securities Exchange Act
Release No. 65107 (August 11, 2011), 76 FR 51105 (August 17, 2011)
(SR-NYSEArca-2011-58) (notice of filing and immediate effectiveness
to amend Rule 7.10 so that clearly erroneous executions involving
securities recently added to the individual security trading pause
pilot under Rule 7.11 continue to be resolved in the same manner
before being added to the pilot). Accordingly, the proposed rule
change does not change the status quo with respect to such ETPs. As
amended, all securities, including ETPs not subject to the Limit Up-
Limit Down Plan, will continue to be subject to Rule 7.10(c)(1)
through (3).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\9\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\10\ in particular, because it would promote just and equitable
principles of trade, remove impediments to, and perfect the mechanism
of, a free and open market and a national market system. The Exchange
believes that the pilot program promotes just and equitable principles
of trade in that it promotes transparency and uniformity across markets
concerning review of transactions as clearly erroneous. More
specifically, the Exchange believes that the extension of the pilot
would help assure that the determination of whether a clearly erroneous
trade has occurred will be based on clear and objective criteria, and
that the resolution of the incident will occur promptly through a
transparent process. The proposed rule change would also help ensure
consistent results in handling erroneous trades across the U.S.
markets, thus furthering fair and orderly markets, the protection of
investors and the public interest. Although the Limit Up-Limit Down
Plan will become fully operational during the same time period as the
proposed extended pilot, the Exchange believes that maintaining the
pilot will help to protect against unanticipated consequences. To that
end, the extension will allow the Exchange to determine whether Rule
7.10 is necessary once the Plan is fully operational and, if so,
whether improvements can be made. Finally, the elimination of
references to individual security trading pauses will help to avoid
confusion among market participants, which is consistent with the
protection of investors and the public interest and therefore
consistent with the Act. As described above, individual security
trading pauses have been replaced by the Limit Up-Limit Down Plan with
respect to securities that are subject to Rule 7.11.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change
implicates any competitive issues. To the contrary, the Exchange
believes that the Financial Industry Regulatory Authority (``FINRA'')
and other national securities exchanges are also filing similar
proposals, and thus, the proposal will help to ensure consistency
across market centers.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received from Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6)(iii) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest,
as it will allow the pilot program to continue uninterrupted, thereby
avoiding investor confusion that could result from a temporary
interruption in the pilot program. For this reason, the Commission
designates the proposed rule change to be operative upon filing.\13\
---------------------------------------------------------------------------

    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal is
consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2013-100 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2013-100. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2013-100 and should
be submitted on or before October 23, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24009 Filed 10-1-13; 8:45 am]
BILLING CODE 8011-01-P