issue-1996-05-23•Federal Register final rules — 1996-05-23
Federal Register final rules — 1996-05-23
issue-1996-05-23Federal Register final rules — 1996-05-23Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. X96-10523 Federal Employees Health Benefits Program
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Page 25775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X96-10523]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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========================================================================
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules
and Regulations
[[Page 25775]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 890
Federal Employees Health Benefits Program
CFR Correction
In title 5 of the Code of Federal Regulations, parts 700 to 1199,
revised as of January 1, 1996, on page 371, the second Sec. 890.107
entitled ``Legal actions'' should be removed.
BILLING CODE 1505-01-D
Complete official Federal Register PDF
FR Doc. 96-13035 Standard Instrument Approach Procedures; Miscellaneous Amendments
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25781-25783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13035]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No. 28584; Amdt. No. 1730]
Standard Instrument Approach Procedures; Miscellaneous Amendments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment establishes, amends, suspends, or revokes
Standard Instrument Approach Procedures (SIAPs) for operations at
certain airports. These regulatory actions are needed because of
changes occurring in the National Airspace System, such as the
commissioning of new navigational facilities, addition of new
obstacles, or changes in air traffic requirements. These changes are
designed to provide safe and efficient use of the navigable airspace
and to promote safe flight operations under instrument flight rules at
the affected airports.
DATES: An effective date for each SIAP is specified in the amendatory
provisions.
Incorporation by reference-approved by the Director of the Federal
Register on December 31, 1980, and reapproved as of January 1, 1982.
ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:.
For Examination--
1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
2. The FAA Regional Office of the region in which affected airport
is located; or
3. The Flight Inspection Area Office which originated the SIAP.
For Purchase--Individual SIAP copies may be obtained from:
1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
2. The FAA Regional Office of the region in which the affected
airport is located.
By Subscription--Copies of all SIAPS, mailed once every 2 weeks,
are for sale by the Superintendent of Documents, US Government Printing
Office, Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT: Paul J. Best, Flight Procedures
Standards Branch (AFS-420), Technical Programs Division, Flight
Standards Service, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone (202) 267-8277.
SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal
Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or
revokes Standard Instrument Approach Procedures (SIAPs). The complete
regulatory description on each SIAP is contained in the appropriate FAA
Form 8260 and the National Flight Data Center (FDC)/Permanent (P)
Notices to Airmen (NOTAM) which are incorporated by reference in the
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and Sec. 97.20 of the
Federal Aviations Regulations (FAR). Materials incorporated by
reference are available
[[Page 25782]]
for examination or purchase as stated above.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction of charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. The provisions of this amendment state the affected CFR
(and FAR) sections, with the types and effective dates of the SIAPs.
This amendment also identifies the airport, its location, the procedure
identification and the amendment number.
The Rule
This amendment to part 97 of the Federal Aviation Regulations (14
CFR part 97) establishes, amends, suspends, or revokes SIAPs. For
safety and timeliness of change considerations, this amendment
incorporates only specific changes contained in the content of the
following FDC/P NOTAM for each SIAP. The SIAP information in some
previously designated FDC/Temporary (FDC/T) NOTAMs is of such duration
as to be permanent. With conversion to FDC/P NOTAMs, the respective
FDC/T NOTAMs have been cancelled.
The FDC/P NOTAMs for the SIAPs contained in this amendment are
based on the criteria contained in the U.S. Standard for Terminal
Instrument Approach Procedures (TERPS). In developing these chart
changes to SIAPs by FDC/P NOTAMs, the TERPS criteria were applied to
only these specific conditions existing at the affected airports. All
SIAP amendments in this rule have been previously issued by the FAA in
a National Flight Data Center (FDC) Notice to Airmen (NOTAM) as an
emergency action of immediate flight safety relating directly to
published aeronautical charts. The circumstances which created the need
for all these SIAP amendments requires making them effective in less
than 30 days.
Further, the SIAPs contained in this amendment are based on the
criteria contained in the TERPS. Because of the close and immediate
relationship between these SIAPs and safety in air commerce, I find
that notice and public procedure before adopting these SIAPs are
impracticable and contrary to the public interest and, where
applicable, that good cause exists for making these SIAPs effective in
less than 30 days.
Conclusion
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 97
Air Traffic Control, Airports, Navigation (Air).
Issued in Washington, DC on May 17, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, part 97 of
the Federal Aviation Regulations (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures, effective at 0901 UTC on the dates specified, as
follows:
PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES
1. The authority citation for part 97 is revised to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120, 44701; 49 U.S.C.
106(g); and 14 CFR 11.49(b)(2).
2. Part 97 is amended to read as follows:
Secs. 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec. 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec. 97.27
NDB, NDB/DME; Sec. 97.29 ILS, ILS/DME, ISMLS, MLS, MLS/DME, MLS/RNAV;
Sec. 97.31 RADAR SIAPs; Sec. 97.33 RNAV SIAPs; and Sec. 97.35 COPTER
SIAPs, identified as follows:
* * * Effective Upon Publication
----------------------------------------------------------------------------------------------------------------
FDC date State City Airport FDC No. SIAP
----------------------------------------------------------------------------------------------------------------
04/19/96... MS McComb........... McComb-Pike 6/2335 NDB OR GPS RWY 15, AMDT 4...
County-John E. THIS REPLACES 96-11
Lewis Field.
05/02/96... FL Fort Pierce...... St Lucie County 6/2673 ILS RWY 9 ORIG...
Intl.
05/02/96... FL Vero Beach....... Vero Beach Muni.. 6/2670 NDB RWY 11R AMDT 2B...
05/02/96... KY Bowling Green.... Bowling Green- 6/2652 VOR/DME OR GPS RWY 21, AMDT 7...
Warren County
Regional.
05/02/96... KY Bowling Green.... Bowling Green- 6/2653 VOR OR GPS RWY 3, AMDT 14...
Warren County
Regional.
05/02/96... KY Bowling Green.... Bowling Green- 6/2656 IL RWY 3, ORIG...
Warren County
Regional.
05/03/96... KS McPherson........ McPherson........ 6/2720 VOR/DME RWY 36 AMDT 5...
05/03/96... MI Lansing.......... Capital City..... 6/2699 ILS RWY 10R AMDT 9...
05/03/96... NE Crete............ Crete Muni....... 6/2712 NDB RWY 17 AMDT 1...
05/03/96... NE Crete............ Crete Muni....... 6/2714 NDB RWY 35 AMDT 1...
05/03/96... NE Crete............ Crete Muni....... 6/2715 VOR/DME OR GPS RWY 17 AMDT 2...
05/03/96... NE Crete............ Crete Muni....... 6/2716 VOR/DME OR GPS RWY 35 AMDT 2...
05/03/96... TX Houston.......... May.............. 6/2695 VOR/DME OR GPS-A ORIG...
05/07/96... IA Marshalltown..... Marshalltown Muni 6/2790 NDB RWY 12, AMDT 6...
[[Page 25783]]
05/07/96... IA Waterloo......... Waterloo Muni.... 6/2792 VOR RWY 6, AMDT 2...
05/08/96... IA Marshalltown..... Marshalltown Muni 6/2819 VOR OR GPS RWY 12, AMDT 7...
05/08/96... WA Everett.......... Snohomish County/ 6/2831 NDB OR GPS RWY 16R AMDT 12...
Paine Field.
05/09/96... WI Cable............ Cable Union...... 6/2862 NDB OR GPS-B, AMDT 9...
05/09/96... WI Hayward.......... Hayward Muni..... 6/2864 VOR RWY 20, AMDT 5...
05/09/96... WI Hayward.......... Hayward Muni..... 6/2872 NDB OR GPS RWY 20, AMDT 11...
05/09/96... WI Madison.......... Dane County 6/2866 VOR OR TACAN OR GPS RWY 13, AMDT
Regional-Truax 23...
Field.
05/10/96... GA Atlanta.......... Fulton County 6/2894 ILS RWY 8 AMDT 15B...
Airport Brown
Feild.
05/10/96... GA Atlanta.......... Fulton County 6/2895 NDB OR G PS RWY 8 AMDT 2...
Airport/Brown
Field.
05/10/96... KY Bowling Green.... Bowling Green- 6/2898 NDB RWY 3 ORIG...
Warren County
Regional.
05/10/96... MO Rolla............ Rolla Down-Town.. 6/2892 VOR/DME-A, AMDT 2...
05/10/96... WI Marschfield...... Marshfield....... 6/2886 NDB OR GPS RWY 16 AMDT 9...
05/10/96... WI Marshfield....... Marshfield Muni.. 6/2887 NDB OR GPS RWY 4 AMDT 13...
05/10/96... WI Marshfield....... Marshfield Muni.. 6/2888 SDF RWY 34 AMDT 6...
05/11/96... WA Everett.......... Snohomish County/ 6/2911 ILS RWY 16R, AMDT 18...
Paine Field.
05/14/96... LA Alexandria....... Alexandria Esler 6/2983 LOC BC RWY 8, AMDT 10...
Regional.
05/14/96... MS Greenwood........ Greenwood-Leflore 6/2978 ILS RWY 18 AMDT 4...
05/14/96... MS Grenada.......... Grenada Muni..... 6/2979 ILS RWY 13 ORIG...
05/14/96... NM Hobbs............ Lea County....... 6/2984 LOC/DME BC RWY 21, AMDT 5...
05/14/96... NV Las Vegas........ McCarran Intl.... 6/2967 ILS RWY 25R AMDT 16...
05/16/96... WI Cable............ Cable Union...... 6/3015 NDB OR GPS-B AMDT 9A...
----------------------------------------------------------------------------------------------------------------
[FR Doc. 96-13035 Filed 5-22-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-13034 Standard Instrument Approach Procedures; Miscellaneous Amendments
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25780-25781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13034]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No 28583; Amdt. No. 1729]
Standard Instrument Approach Procedures; Miscellaneous Amendments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment establishes, amends, suspends, or revokes
Standard Instrument Approach Procedures (SIAPs) for operations at
certain airports. These regulatory actions are needed because of the
adoption of new or revised criteria, or because of changes occurring in
the National Airspace System, such as the commissioning of new
navigational facilities, addition of new obstacles, or changes in air
traffic requirements. These changes are designed to provide safe and
efficient use of the navigable airspace and to promote safe flight
operations under instrument flight rules at the affected airports.
DATES: An effective date for each SIAP is specified in the amendatory
provisions.
Incorporation by reference-approved by the Director of the Federal
Register on December 31, 1980, and reapproved as of January 1, 1982.
ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
For Examination--
1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
2. The FAA Regional Office of the region in which the affected
airport is located; or
3. The Flight Inspection Area Office which originated the SIAP.
For Purchase--Individual SIAP copies may be obtained from:
1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
2. The FAA Regional Office of the region in which the affected
airport is located.
By Subscription--Copies of all SIAPs, mailed once every 2 weeks,
are for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT:
Paul J. Best, Flight Procedures Standards Branch (AFS-420), Technical
Programs Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-8277.
SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal
Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or
revokes Standard Instrument Approach Procedures (SIAPs). The complete
regulatory description of each SIAP is contained in official FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and Sec. 97.20 of the Federal Aviation
Regulations (FAR). The applicable FAA Forms are identified as FAA Forms
8260-3, 8260-4, and 8260-5. Materials incorporated by reference are
available for examination or purchase as stated above.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. The provisions of this amendment state the affected CFR
(and FAR) sections, with the types and effective dates of the SIAPs.
This amendment also identified the airport, its location, the procedure
identification and the amendment number.
The Rule
This amendment to part 97 is effective upon publication of each
separate SIAP as contained in the transmittal. Some SIAP amendments may
have been previously issued by the FAA in a National Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP amendments may
require making them effective in less than 30 days. For the remaining
SIAPs, an effective date at least 30 days after publication is
provided.
Further, the SIAPs contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Approach Procedures (TERPS). In developing these SIAPs, the TERPS
criteria were applied to the conditions existing or anticipated at the
affected airports. Because of the close and immediate relationship
between these SIAPs and safety in air commerce, I find that notice and
public procedure before adopting these SIAPs are impracticable and
contrary to the public interest and, where applicable, that good cause
exists for making some SIAPs effective in less than 30 days.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated
[[Page 25781]]
impact is so minimal. For the same reason, the FAA certifies that this
amendment will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 97
Air Traffic Control, Airports, Navigation (Air).
Issued in Washington, DC on May 17, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, part 97 of
the Federal Aviation Regulations (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures, effective at 0901 UTC on the dates specified, as
follows:
PART 97-- STANDARD INSTRUMENT APPROACH PROCEDURES
1. The authority citation for part 97 is revised to read as
follows:
Authority 49 U.S.C. 106(g), 40103, 40113, 40120, 44701; and 14
CFR 11.49(b)(2).
2. Part 97 is amended to read as follows:
Secs. 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec. 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec. 97.27
NDB, NDB/DME; Sec. 97.29 ILS, ILS/DME, ISMLS, MLS; MLS/DME, MLS/RNAV;
Sec. 97.31 RADAR SIAPs; Sec. 97.33 RNAV SIAPs; and Sec. 97.35 COPTER
SIAPs, identified as follows:
* * * Effective June 20, 1996
Gulf Shores, AL, Jack Edwards, VOR or GPS-A, Amdt 2
Anchorage, AK, Anchorage Intl, ILS/DME RWY 14, Orig
Sand Point, AK, Sand Point, MLS RWY 13, Orig
Rome, GA, Richard B. Russell, LOC/DME RWY 1, Amdt 3, CANCELLED
Rome, GA, Richard B. Russell, ILS/DME RWY 1, Orig
Wichita, KS, Beech North, VOR OR GPS-D, Orig, CANCELLED
New Ulm, MN, New Ulm Muni, NDB or GPS RWY 15, Amdt 1
New Ulm, MN, New Ulm Muni, NDB or GPS RWY 33, Amdt 1
Blanding, UT, Blanding Muni, GPS RWY 35, Orig
* * * Effective July 18, 1996
Georgetown, DE, Sussex County, GPS RWY 4, Orig
Douglas, GA, Douglas Muni, VOR-A, Amdt 6, CANCELLED
Houma, LA, Houma-Terrebonne, GPS RWY 18, Orig
Norfolk, NE, Karl Stefan Memorial, VOR OR GPS RWY 1, Amdt 7
Painesville, OH, Concord Airpark, VOR/DME or GPS-A, Amdt 1,
CANCELLED
Painesville, OH, Concord Airpark, VOR or GPS-A, ORIG
York, PA, York, GPS RWY 34, Orig
George West, TX, Live Oak County, GPS RWY 13, Orig
Lufkin, TX, Angelina County, GPS RWY 25, Orig
* * * Effective August 15, 1996
Oceanside, CA, Oceanside Muni, GPS RWY 6, Orig
Bartow, FL, Bartow Muni, GPS RWY 9L, Orig
Indianapolis, IN, Greenwood Muni, GPS RWY 19, Orig
Bardstown, KY, Samuels Field, GPS RWY 20, Orig
Jennings, LA, Jennings, GPS RWY 8, Orig
Nantucket, MA, Nantucket Memorial, GPS RWY 33, Orig
Willmar, MN, Willmar Muni-John L. Rice Field, GPS RWY 10, Orig
Portsmouth, NH, Pease International Tradeport, GPS RWY 16, Orig
Belen, NM, Alexander Muni, GPS RWY 21, Orig
Lovington, NM, Lea County-Zip Franklin Memorial, GPS RWY 3, Orig
Lovington, NM, Lea County-Zip Franklin Memorial, GPS RWY 21, Orig
Monongahela, PA, Rostraver, GPS RWY 25, Orig
Shamokin, PA, Northumberland County, GPS RWY 26, Orig
Washington, PA, Washington County, GPS RWY 9, Orig
North Kingstown, RI, Quonset State, GPS RWY 34, Orig
Andrews, TX, Andrews County, GPS RWY 15, Orig
Fort Stockton, TX, Fort Stockton-Pecos County, GPS RWY 12, Orig
Hondo, TX, Hondo Muni, GPS RWY 17L, Orig
Nacogdoches, TX, A L Mangham Jr. Regional, GPS RWY 15, Orig
Pleasanton, TX, Pleasanton Muni, GPS RWY 34, Orig
[FR Doc. 96-13034 Filed 5-22-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-13033 Standard Instrument Approach Procedures; Miscellaneous Amendments
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25783-25784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13033]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No. 28585; Amdt. No. 1731]
Standard Instrument Approach Procedures; Miscellaneous Amendments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment establishes, amends, suspends, or revokes
Standard Instrument Approach Procedures (SIAPs) for operations at
certain airports. These regulatory actions are needed because of the
adoption of new or revised criteria, or because of changes occurring in
the National Airspace System, such as the commissioning of new
navigational facilities, addition of new obstacles, or changes in air
traffic requirements. These changes are designed to provide safe and
efficient use of the navigable airspace and to promote safe flight
operations under instrument flight rules at the affected airports.
DATES: An effective date for each SIAP is specified in the amendatory
provisions.
Incorporation by reference-approved by the Director of the Federal
Register on December 31, 1980, and reapproved as of January 2, 1982.
ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
For Examination
1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
2. The FAA Regional Office of the region in which the affected
airport is located; or
3. The Flight Inspection Area Office which originated the SIAP.
For Purchase
Individual SIAP copies may be obtained from:
1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
2. The FAA Regional Office of the region in which the affected
airport is located.
By Subscription
Copies of all SIAPs, mailed once every 2 weeks, are for sale by the
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT:
Paul J. Best, Flight Procedures Standards Branch (AFS-420), Technical
Programs Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-8277.
SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal
Aviation Regulations (14 CFR part 97) established, amends, suspends, or
revokes Standard Instrument Approach Procedures (SIAPs). The complete
regulatory description of each SIAP is contained in official FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and Sec. 97.20 of the Federal Aviation
Regulations (FAR). The applicable FAA Forms are identified as FAA Form
8260-5. Materials incorporated by reference are available for
examination or purchase as stated above.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim
[[Page 25784]]
publication in the Federal Register expensive and impractical. Further,
airmen do not use the regulatory text of the SIAPs, but refer to their
graphic depiction on charts printed by publishers of aeronautical
materials. Thus, the advantages of incorporation by reference are
realized and publication of the complete description of each SIAP
contained in FAA form documents is unnecessary. The provisions of this
amendment state the affected CFR (and FAR) sections, with the types and
effective dates of the SIAPs. This amendment also identifies the
airport, its location, the procedure identification and the amendment
number.
This amendment to part 97 is effective upon publication of each
separate SIAP as contained in the transmittal. The SIAPs contained in
this amendment are based on the criteria contained in the United States
Standard for Terminal Instrument Approach Procedures (TERPS). In
developing these SIAPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports.
The FAA has determined through testing that current non-localizer
type, non-precision instrument approaches developed using the TERPS
criteria can be flown by aircraft equipped with Global Positioning
System (GPS) equipment. In consideration of the above, the applicable
Standard Instrument Approach Procedures (SIAPs) will be altered to
include ``or GPS'' in the title without otherwise reviewing or
modifying the procedure. (Once a stand alone GPS procedure is
developed, the procedure title will be altered to remove ``or GPS''
from these non-localizer, non-precision instrument approach procedure
titles.) Because of the close and immediate relationship between these
SIAPs and safety in air commerce, I find that notice and public
procedure before adopting these SIAPs are, impracticable and contrary
to the public interest and, where applicable, that good cause exists
for making some SIAPs effective in less than 30 days.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 97
Air Traffic Control, Airports, Navigation (Air).
Issued in Washington, DC on May 17, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, part 97 of
the Federal Aviation Regulations (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures, effective at 0901 UTC on the dates specified, as
follows:
PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES
1. The authority citation for part 97 is revised to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120, 44701; 49 U.S.C.
106(g); and 14 CFR 11.49(b)(2).
2. Part 97 is amended to read as follows:
Secs. 97.23, 97.27, 97.33, 97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec. 97.27 NDB, NDB/DME; Sec. 97.33 RNAV SIAPs; and Sec. 97.35
COPTER SIAPs, identified as follows:
* * * Effective June 20, 1995
Bartow, FL, Bartow Muni, VOR/DME or GPS RWY 9L, Amdt 1A Cancelled
Bartow, FL, Bartow Muni, VOR/DME RWY 9L, Amdt 1A
Blanding, UT, Blanding Muni, NDB or GPS RWY 35, Amdt 7 Cancelled
Blanding, UT, Blanding Muni, NDB RWY 35, Amdt 7
[FR Doc. 96-13033 Filed 5-22-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-13026 Special Conditions: Dassault Aviation Model Falcon 900EX Airplane; High-Intensity Radiated Fields
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25778-25780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13026]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM-125; Special Conditions No. 25-ANM-115]
Special Conditions: Dassault Aviation Model Falcon 900EX
Airplane; High-Intensity Radiated Fields
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Dassault Aviation
Model Falcon 900EX airplane. This airplane is a derivative of the Model
Mystere-Falcon 900, which is itself derived from the Mystere-Falcon 50,
and will utilize new avionics/electronic systems that provide critical
data to the flightcrew. The applicable regulations do not contain
adequate or appropriate safety standards for the protection of these
systems from the effects of high-intensity radiated fields. These
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.
DATES: The effective date of these special conditions is May 14, 1996.
Comments must be received on or before June 24, 1996.
ADDRESSES: Comments on this proposal may be mailed in duplicate to:
Federal Aviation Administration, Office of the Assistant Chief Counsel,
Attn: Rules Docket (ANM-7), Docket No. NM-125, 1601 Lind Avenue SW.,
Renton, Washington, 98055-4056; or delivered in duplicate to the Office
of the Assistant Chief Counsel at the above address. Comments must be
marked: Docket No. NM-125. Comments may be inspected in the Rules
Docket weekdays, except Federal holidays, between 7:30 a.m. and 4:00
p.m.
FOR FURTHER INFORMATION CONTACT:
Thomas Groves, FAA, Standardization Branch, ANM-113, Transport Airplane
Directorate, Aircraft Certification Service, 1601 Lind Avenue SW.,
Renton, Washington, 98055-4056; telephone (206) 227-1503; facsimile
(206) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA has determined that good cause exists for making these
special conditions effective upon issuance; however, interested persons
are invited to submit such written data, views, or arguments as they
may desire. Communications should identify the regulatory docket and
special condition number and be submitted in duplicate to the address
specified above. All communications received on or before the closing
date for comments will be considered by the Administrator. These
special conditions may be changed in light of the comments received.
All comments submitted will be available in the Rules Docket for
examination by interested persons, both before and after the closing
date for comments. A report summarizing each substantive public contact
with FAA personnel concerning this rulemaking will be filed in the
docket. Persons wishing the FAA to acknowledge receipt of their
comments submitted in response to this request must submit with those
comments a self-addressed, stamped postcard on which the following
statement is made: ``Comments to Docket No. NM-125.'' The postcard will
be date stamped and returned to the commenter
Background
On March 3, 1993, Dassault Aviation, B.P 24--33701 Merignac CEDEX,
[[Page 25779]]
France, applied for an amendment to type certificate A46EU to include
the Model Falcon 900EX airplane. The Falcon 900EX is a modified version
of the Model Mystere-Falcon 900, which is itself a derivative of the
Model Mystere-Falcon 50. The Falcon 900EX is intended to be used as a
twelve passenger executive airplane with a maximum takeoff weight of
49,000 pounds and a maximum operating altitude of 51,000 feet.
Type Certification Basis
Under the provisions of Sec. 21.101, Dassault Aviation must show
that the Model Falcon 900EX meets the applicable provisions of the
regulations incorporated by reference in Type Certificate A46EU, or the
applicable regulations in effect on the date of application for change
to the Model Mystere-Falcon 900. The regulations incorporated by
reference in the type certificate are commonly referred to as the
``original type certification basis.'' The regulations incorporated by
reference in Type Certificate No. A46EU are as follows: 14 CFR part 25,
as amended by Amendments 25-1 through 25-34, and certain special
conditions and later amended sections of part 25 that are not relevant
to these special conditions. These special conditions will form an
additional part of the type certification basis. In addition, the
certification basis may include other special conditions that are not
relevant to these special conditions.
In addition to the applicable airworthiness regulations and special
conditions, the Falcon 900EX must comply with the fuel vent and exhaust
emission requirements of part 34 and the noise certification
requirements of part 36.
If the Administrator finds that the applicable airworthiness
regulations (i.e., part 25, as amended) do not contain adequate or
appropriate safety standards for the Model Falcon 900EX because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Sec. 21.16 to establish a level of safety
equivalent to that established in the regulations.
Special conditions, as appropriate, are issued in accordance with
Title 14 CFR Sec. 11.49 after public notice, as required by Secs. 11.28
and 11.29, and become part of the type certification basis in
accordance with Sec. 21.101(b)(2).
Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be further
amended later to include any other model that incorporates the same
novel or unusual design feature, or should any other model already
included on the same type certificate be modified to incorporate the
same novel or unusual design feature, the special conditions would also
apply to the other model under the provisions of Sec. 21.101(a)(1).
Novel or Unusual Design Features
The Model Falcon 900EX incorporates new avionic/electronic
installations, including a digital Electronic Flight Instrument System
(EFIS), Air Data Computers, Autothrottle, Engine Instrument Display
(EID), Bleed Air System Computer (BASC), and a Digital Electronic
Engine Control (DEEC) system that controls critical engine parameters.
These systems may be vulnerable to high-intensity radiated fields
(HIRF) external to the airplane.
Discussion
There is no specific regulation that addresses protection
requirements for electrical and electronic systems from HIRF. Increased
power levels from ground-based radio transmitters and the growing use
of sensitive electrical and electronic systems to command and control
airplanes have made it necessary to provide adequate protection.
To ensure that a level of safety is achieved equivalent to that
intended by the regulations incorporated by reference, special
conditions are needed for the Model Falcon 900EX, which require that
new technology electrical and electronic systems, such as the EFIS,
DEEC, etc., be designed and installed to preclude component damage and
interruption of function due to both the direct ant indirect effects of
HIRF.
With the trend toward increased power levels from ground-based
transmitters, plus the advent of space and satellite communications,
coupled with electronic command and control of the airplane, the
immunity of critical digital avionics systems to HIRF must be
established.
It is not possible to precisely define the HIRF to which the
airplane will be exposed in service. There is also uncertainty
concerning the effectiveness of airframe shielding for HIRF.
Furthermore, coupling of electromagnetic energy to cockpit-installed
equipment through the cockpit window apertures is undefined. Based on
surveys and analysis of existing HIRF emitters, an adequate level of
protection exists when compliance with the HIRF protection special
condition is shown with either paragraphs 1 or 2 below:
1. A minimum threat of 100 volts per meter peak electric field
strength from 10 KHz to 18 GHz.
a. The threat must be applied to the system elements and their
associated wiring harnesses without the benefit of airframe shielding.
b. Demonstration of this level of protection is established through
system tests and analysis.
2. A threat external to the airframe of the following field
strengths for the frequency ranges indicated.
------------------------------------------------------------------------
Frequency Peak (V/ Average
M) (V/M)
------------------------------------------------------------------------
10 KHz--100 KHz....................................... 50 50
100 KHz--500 KHz...................................... 60 60
500 KHz--2000 KHz..................................... 70 70
2 MHz--30 MHz......................................... 200 200
30 MHz--100MHz........................................ 30 30
100 MHz--200 MHz...................................... 150 33
200 MHz--400 MHz...................................... 70 70
400 MHz--700 MHz...................................... 4,020 935
700 MHz--1000 MHz..................................... 1,700 170
1 GHz--2 GHz.......................................... 5,000 990
2 GHz--4GHz........................................... 6,680 840
4 GHz--6 GHz.......................................... 6,850 310
6 GHz--8 GHz.......................................... 3,600 670
8 GHz--12 GHz......................................... 3,500 1,270
12 GHz--18 GHz........................................ 3,500 360
18 GHz--40 GHz........................................ 2,100 750
------------------------------------------------------------------------
As discussed above, these special conditions are applicable
initially to the Dassault Aviation Model Falcon 900EX. Should Dassault
Aviation apply at a later date for further amendment to the type
certificate to include another model incorporating the same novel or
unusual design feature, the special conditions would apply to that
model as well under the provisions of Sec. 21.101(a)(1).
Conclusion
This action affects only certain design features on the Dassault
Aviation Model Falcon 900EX airplane. It is not a rule of general
applicability and affects only the manufacturer who applied to the FAA
for approval of these features on the airplane.
The substance of the special conditions for this airplane has been
subjected to the notice and comment procedure in several prior
instances and has been derived without substantive change from those
previously issued. It is unlikely that prior public comment would
result in a significant change from the substance contained herein. For
this reason, and because a delay would significantly affect the
certification of the airplane, which is imminent, the FAA has
determined that prior public notice and comment are unnecessary and
impracticable, and good cause exists for adopting this special
condition immediately. Therefore, this special condition is being made
effective upon issuance. The FAA is requesting comments to allow
[[Page 25780]]
interested persons to submit views that may not have been submitted in
response to the prior opportunities for comment described above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
administrator, the following special conditions are issued as part of
the type certification basis for the Dassault Aviation Model Falcon
900EX series airplanes.
1. Protection From Unwanted Effects of High-Intensity Radiated
Fields (HIRF). Each electrical and electronic system that performs
critical functions must be designed and installed to ensure that the
operation and operational capability of these systems to perform
critical functions are not adversely affected when the airplane is
exposed to high-intensity radiated fields.
2. For the purpose of these special conditions, the following
definition applies: Critical Functions: Functions whose failure would
contribute to or cause a failure condition that would prevent the
continued safe flight and landing of the airplane.
Issued in Renton, Washington, on May 14, 1996.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service, ANM-100.
[FR Doc. 96-13026 Filed 5-22-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-13017 List of Communities Eligible for the Sale of Flood Insurance
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25802-25804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13017]
=======================================================================
-----------------------------------------------------------------------
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7641]
List of Communities Eligible for the Sale of Flood Insurance
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule identifies communities participating in the National
Flood Insurance Program (NFIP). These communities have applied to the
program and have agreed to enact certain floodplain management
measures. The communities' participation in the program authorizes the
sale of flood insurance to owners of property located in the
communities listed.
EFFECTIVE DATES: The dates listed in the third column of the table.
ADDRESSES: Flood insurance policies for property located in the
communities listed can be obtained from any licensed property insurance
agent or broker serving the eligible community, or from the NFIP at:
Post Office Box 6464, Rockville, MD 20849, (800) 638-6620.
FOR FURTHER INFORMATION CONTACT: Robert F. Shea, Jr., Division
Director, Program Implementation Division, Mitigation Directorate, 500
C Street, SW., room 417, Washington, DC 20472, (202) 646-3619.
SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
measures aimed at protecting lives and new construction from future
flooding. Since the communities on the attached list have recently
entered the NFIP, subsidized flood insurance is now available for
property in the community.
In addition, the Director of the Federal Emergency Management
Agency has identified the special flood hazard areas in some of these
communities by publishing a Flood Hazard Boundary Map (FHBM) or Flood
Insurance Rate Map (FIRM). The date of the flood map, if one has been
published, is indicated in the fourth column of the table. In the
communities listed where a flood map has been published, Section 102 of
the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C.
4012(a), requires the purchase of flood insurance as a condition of
Federal or federally related financial assistance for acquisition or
construction of buildings in the special flood hazard areas shown on
the map.
The Director finds that the delayed effective dates would be
contrary to the public interest. The Director also finds that notice
and public procedure under 5 U.S.C. 553(b) are impracticable and
unnecessary.
National Environmental Policy Act
This rule is categorically excluded from the requirements of 44 CFR
Part 10, Environmental Considerations. No environmental impact
assessment has been prepared.
Regulatory Flexibility Act
The Acting Associate Director certifies that this rule will not
have a significant economic impact on a substantial number of small
entities in accordance with the Regulatory Flexibility Act, 5 U.S.C.
601 et seq., because the rule creates no additional burden, but lists
those communities eligible for the sale of flood insurance.
Regulatory Classification
This final rule is not a significant regulatory action under the
criteria of section 3(f) of Executive Order 12866 of September 30,
1993, Regulatory Planning and Review, 58 FR 51735.
Paperwork Reduction Act
This rule does not involve any collection of information for
purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism,
[[Page 25803]]
October 26, 1987, 3 CFR, 1987 Comp., p. 252.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991
Comp., p. 309.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is amended as follows:
PART 64--[AMENDED]
1. The authority citation for Part 64 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq., Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.
Sec. 64.6 [Amended]
2. The tables published under the authority of Sec. 64.6 are
amended as follows:
----------------------------------------------------------------------------------------------------------------
Community Effective date of
State/Location No. eligibility Current effective map date
----------------------------------------------------------------------------------------------------------------
New Eligibles--Emergency Program
Texas: Angelina County, unincorporated 480007 Mar. 29, 1996............. May 22, 1979.
areas.
Indiana: Jay County, unincorporated 180440 Apr. 9, 1996.............. Jan. 6, 1978.
areas.
Texas:
Goliad County, unincorporated areas 480827 Apr. 19, 1996.............
Justin, city of, Denton County..... 480778 ......do.................. June 3, 1977.
North Dakota: Maddock, city of, Benson 380004 ......do..................
County.
Michigan: Middle Branch, township of, 260952 Apr. 26, 1996.............
Osceola County.
New Eligibles--Regular Program
Ohio: Swanton, village of, Fulton and 390632 Apr. 9, 1996.............. Feb. 15, 1984.
Lucas Counties.
Arkansas: Bethel Heights, city of, 050386 Apr. 19, 1996............. Aug. 16, 1995.
Benton County.
Texas:
New Hope, town of, Collin County... 480138 ......do.................. Jan. 19, 1996.
Weir, city of, Williamson County 481674 ......do..................
\1\.
Reinstatements
Pennsylvania: Osborne, borough of, 420061 Feb. 16, 1973, Emerg; Nov. Oct. 4, 1995.
Allegheny County. 15, 1979, Reg; Oct. 4,
1995, Susp; Apr. 12,
1996, Rein.
New York:
Adams, town of, Jefferson County... 360324 Sept. 1, 1978, Emerg; June June 5, 1985.
5, 1985, Reg; Nov. 4,
1992, Susp; Apr. 19,
1996, Rein.
Wirt, town of, Allegany County..... 361597 Dec. 21, 1978, Emerg; June June 25, 1982.
25, 1982, Reg; Nov. 4,
1992, Susp; Apr. 19,
1996, Rein.
New York:
Stony Creek, town of, Warren County 360880 Dec. 29, 1980, Emerg; Aug. Aug. 24, 1984.
24, 1984, Reg; Nov. 4,
1992, Susp; Apr. 26,
1996, Rein.
Lapeer, town of, Cortland County... 361326 Nov. 4, 1976, Emerg; July July 20, 1984.
20, 1984, Reg; Nov. 4,
1992, Susp; Apr. 26,
1996, Rein.
Regular Program Conversions
Region III
Delaware:
Middletown, town of, New Castle 100024 Apr. 17, 1996, Suspension Apr. 17, 1996
County. Withdrawn.
New Castle, city of, New Castle 100026 ......do.................. do.
County.
New Castle County, unincorporated 105085 ......do.................. do.
areas.
Newark, city of, New Castle County. 100025 ......do.................. do.
Newport, town of, New Castle County 100054 ......do.................. do.
Wilmington, city of, New Castle 100028 ......do.................. do.
County.
Region V
Ohio:
Fairfield County, unincorporated 390158 ......do.................. do.
areas.
Kenton, city of, Hardin County..... 390253 ......do.................. do.
Region VI
Texas: Hardin County, unincorporated 480284 ......do.................. do.
areas.
----------------------------------------------------------------------------------------------------------------
\1\ The City of Weir has adopted Williamson County's Flood Insurance Rate Map (FIRM) dated September 27, 1991
and Flood Insurance Study (FIS) for floodplain management and insurance purposes, (Panels 125 and 250;
Williamson County's Community Identification Number is 481079).
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Rein.--Reinstatement; Susp.--Suspension; With.--
Withdrawn.
[[Page 25804]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Issued: May 16, 1996.
Richard W. Krimm,
Acting Associate Director, Mitigation Directorate.
[FR Doc. 96-13017 Filed 5-22-96; 8:45 am]
BILLING CODE 6718-05-P
Complete official Federal Register PDF
FR Doc. 96-12967 Waiver of Bid Withdrawal Payment Provisions
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25810-25813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12967]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 24 and 90
[FCC 96-203]
Waiver of Bid Withdrawal Payment Provisions
AGENCY: Federal Communications Commission.
ACTION: Final rule; waiver.
-----------------------------------------------------------------------
SUMMARY: The Commission has before it requests for waiver of the rules
governing bid withdrawal payments associated with spectrum auctions. On
December 18, 1995, ATA filed a request for waiver of the bid withdrawal
payment applicable to the 900 MHz SMR auction. On January 24, 1996, MAP
filed a request for waiver of the bid withdrawal payment applicable to
the broadband PCS C block auction. This Order reduces ATA's bid
withdrawal payment to two times the minimum bid increment for license
11P in Round 9 of the 900 MHz SMR auction, or $45,594. In addition,
this Order reduces MAP's withdrawal payment to the minimum bid
increment for license B-380 in Round 10 of the broadband PCS C block
auction, or $206,400.
EFFECTIVE DATE: May 3, 1996.
FOR FURTHER INFORMATION CONTACT:
James Hedlund at 202-418-0660.
SUPPLEMENTARY INFORMATION: This Order, adopted May 2, 1996, and
released May 3, 1996, is available for inspection and copying during
normal business hours in the FCC Reference Center, Room 239, 1919 M
Street NW., Washington D.C. The complete text may be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., 2100 M Street, N.W., Suite 140, Washington D.C. 20037 (202) 857-
3800.
ORDER
I. Introduction
1. The Commission has before it Requests for Waiver of its rules
filed by Atlanta Trunking Associates, Inc. (``ATA'') and MAP Wireless,
L.L.C (``MAP''). Specifically, ATA and MAP request waivers of the rules
governing bid withdrawal payments associated with spectrum auctions. By
this Order, we hereby resolve ATA's and MAP's Requests. Specifically,
this Order reduces ATA's bid withdrawal payment to two times the
minimum bid increment for license 11P in Round 9 of the 900 MHz SMR
auction, or $45,594. In addition, this Order reduces MAP's withdrawal
payment to the minimum bid increment for license B-380 in Round 10 of
the broadband PCS C block auction, or $206,400.
II. Background
2. Waiver Requests. On December 18, 1995, ATA filed a request for
waiver of the bid withdrawal payment applicable to the 900 MHz SMR
auction. Under our rules, the amount of the bid withdrawal payment is
equal to the difference between the withdrawn bid amount and the amount
of the subsequent winning bid, if the subsequent winning bid is lower.
No withdrawal payment is assessed if the subsequent winning bid exceeds
the withdrawn bid.
3. In its request, ATA alleges it erroneously submitted a bid of
$125,025,000 for license 11P (Atlanta, GA) in Round 9 of the 900 MHz
SMR auction. Pursuant to our auction procedures, the minimum acceptable
bid for that license in Round 9 was $121,000. According to ATA, it had
intended to submit a bid of $125,025, but inadvertently added three
extra
[[Page 25811]]
zeroes to its bid. ATA immediately reported the error after Round 9 had
closed and withdrew its bid in Round 10. When the SMR auction closed,
the winning bid for license 11P was $531,000. A declaration by L.
Harold Josey, ATA's vice-president and one of its authorized bidders,
describes the events surrounding the erroneous bid submission. ATA
states that it cannot explain how the typographical error occurred, but
suggests that the error may be due to a function of the Commission's
bidding software.
4. ATA claims that the public interest will not be served by strict
enforcement of the bid withdrawal payment rule in this instance. ATA
notes that the error occurred early in the auction and hence there was
no harm to the integrity of the auction or other bidders. Because
imposition of the full bid withdrawal payment would be a significant
burden on ATA, it claims that the ``equities demonstrate that ATA
should be provided relief from the Commission's rules as it relates to
this typographical error.''
5. On January 24, 1996, MAP filed a request for waiver of the bid
withdrawal payment applicable to the broadband PCS C block auction.
Under our rules, the amount of the bid withdrawal payment is equal to
the difference between the withdrawn bid amount and the amount of the
subsequent winning bid, if the subsequent winning bid is lower. No
withdrawal payment is assessed if the subsequent winning bid exceeds
the withdrawn bid.
6. In its request, MAP alleges that due to a typographical error,
it submitted a bid of $22,680,020 for license B-380 (Rockford, IL) in
Round 10 of the broadband PCS C block auction. Pursuant to our auction
procedures, the minimum accepted bid for that round and license was
$2,267,000. MAP states that it intended to submit a bid of $2,268,002,
slightly higher than the minimum accepted bid. MAP withdrew its
$22,680,020 bid during the bid withdrawal period for Round 10. As of
Round 170, the standing high bid on license B-380 was $14,433,000. A
declaration and statement by Christopher O. Mantle, one of MAP's
authorized bidders, describes the events surrounding the erroneous bid
submission. MAP alleges that the error was attributable to a ``quirk''
in the Commission's bidding software. MAP claims that the error
occurred because the bidding software places a zero on each bid entry
line, which does not disappear when a bid is entered unless it is
manually removed. As a result, MAP's bid for that round and license was
ten times greater than its intended bid. According to MAP, the only
error attributable to it is ``failing to notice and delete the
extraneous zero caused by the bidder's software format.''
7. MAP argues that imposition of the bid withdrawal payment for its
erroneous bid would be inequitable and contrary to the public interest.
It observes that the Auctions Division has granted waiver requests to
other C block applicants which sought to correct clerical or
typographical errors. Finally, MAP argues that Commission precedent and
principles of administrative law require that parties be allowed to
correct typographical errors when dealing with governmental agencies.
8. Public Notice. On February 7, 1996, the Wireless
Telecommunications Bureau (``Bureau'') released a Public Notice seeking
comment on requests for waiver of the Commission's bid withdrawal
payment provisions, including the requests of ATA and MAP. See Public
Notice, DA 96-145, ``Comment Sought on Requests to Waive Bid Withdrawal
Payments and General Enforcement Guidelines'' (rel. February 7, 1996).
The waiver requests were filed by ATA, MAP and PCS 2000, L.P. We note
that we are deferring action on the request filed by PCS 2000 until a
later date. In addition, the Bureau sought comment on proposals to
reduce the bid withdrawal payment requirement in cases of erroneous
bids attributed to inadvertent or typographical mistakes. The Bureau
proposed reducing the bid withdrawal payment in such circumstances to
the greater of the upfront payment amount for the market for which the
bid was submitted, or five percent of that market's winning bid.
Alternatively, the Bureau proposed to treat a mistaken bid that is
withdrawn in the same round as if it were made at the minimum accepted
bid (if there are no other bids for that round), or at the second
highest bit (if there are other bids above the minimum accepted bid).
The required payment would be the difference between this amount and
the subsequent winning bid. Finally, the Bureau sought comment on
whether any circumstances should warrant a complete waiver of the bid
withdrawal payment (e.g., a bidding error clearly attributable to a
mistake by the Commission, its staff or contractors).
9. Comments. In total, 20 parties submitted Comments, and six
parties submitted Reply Comments, concerning the waiver requests and
the Bureau's proposed enforcement guidelines. Six parties, all
participants in the broadband PCS C block auction, submitted comments
urging the Commission to deny the various waiver requests and strictly
adhere to the applicable bid withdrawal payment provisions. Generally,
these commenters argue that a waiver of the bid withdrawal payment
provisions would distort the auction process and prejudice other
bidders. For example, Quantum claims that if the Commission grants any
of these waivers, it would undermine the integrity of the auctions by
announcing to bidders that they may strategically place ``erroneous''
bids and withdraw them with impunity. These commenters also note that
the bidding software contains numerous safeguards which are designed to
encourage bidders to verify their bids prior to submission. PCS One
claims that these safeguards have been effective, as bidders in the
broadband PCS C block auction have reported only three mistaken bids
out of the approximately 11,500 bids submitted as of February 9, 1996.
They further note that the Commission staff clearly explained the bid
withdrawal provisions as well as the safeguards built in to the bidding
software prior to the commencement of the auction.
10. Eight parties, including participants in the broadband PCS C
block auction and the 900 MHz SMR auction, urge the Commission to grant
the waiver requests and impose no bid withdrawal payment requirement
when it is clear that an erroneous bid is the result of an honest
typographical or clerical mistake. Some of these commenters note that
the Commission adopted the bid withdrawal payment provisions to deter
insincere bidding. They further note that in adopting these provisions,
the Commission did not contemplate the possibility that bidders might
submit erroneous bids, resulting from typographical or clerical errors.
Several commenters also argue that alleged problems with the
Commission's bidding software necessitate granting the waiver requests
at issue. For example, MAP claims that its erroneous bid resulted from
an ``irregularity'' in the ``Go to Market'' function of its competitive
bidding software. MAP notes that after it filed its request for waiver,
the Wireless Telecommunications Bureau released a Public Notice which
stated that ``when a bidder begins keying in a bid amount, the zero
remains in the bid column as the bid amount's final digit.'' Wilderness
claims that the fact that ``several diligent bidders'' have submitted
erroneous bids with an extra zero four times indicates that the
Commission's software is ``far from fool proof.''
11. Antigone suggests that there is an established body of case law
governing mistaken bids that result from clerical or
[[Page 25812]]
arithmetic errors. According to Antigone, these cases hold that when a
bidder demonstrates that its bid was the result of clerical or
arithmetic errors, the government agency holding the auction cannot
require a forfeiture. Antigone relies particularly on Ruggiero v.
United States for the proposition that once a factual determination is
made that a bidder made a clerical error, equitable principles compel
the remission of any bid withdrawal penalty. Similarly, PCS 2000 relies
on the practice under certain provisions of the Federal Acquisition
Regulation (FAR) for the proposition that bidders who submit erroneous
bids may be permitted to withdraw without paying any forfeiture.
12. In addition, several parties submitted comments on our proposed
alternatives to the enforcement of the bid withdrawal payment
provisions in cases of erroneous bids caused by inadvertent,
typographical mistakes. One commenter, Auction Strategy Inc. (ASI),
favors the Commission's second proposal, but with some modification.
ASI describes how a bidder can ``game'' the second proposal so as to
find out critical information concerning a competitor's bidding
strategy without being subject to any bid withdrawal payment. ASI
proposes modifications which it claims would reduce the bid withdrawal
payment for erroneous bids without encouraging bidders to make
strategic ``mistakes.''
III. Discussion
13. The Commission established a bid withdrawal payment requirement
in order to discourage insincere bidding. Insincere bidding, whether
purely frivolous or strategic, distorts the price information generated
by the auction process and reduces efficiency.
14. The bid withdrawal payment provisions are silent on how to
address erroneous bids which result from typographical or clerical
errors. In cases in which the erroneous bid exceeds the intended bid by
factors of 10 or more, full application of the bid withdrawal payment
provisions could impose an extreme and unnecessary hardship on most
bidders. We believe, however, that it may be extremely difficult for
the Commission to distinguish between ``innocent'' erroneous bids and
``strategic'' erroneous bids. Furthermore, we are mindful of the
negative impact that erroneous bids may have on the integrity of the
auction. In particular, an erroneous bid distort the price information
generated by the auction process and reduce efficiency. Such distortion
and inefficiency may result regardless of whether the bid was the
result of an innocent error or was strategically placed. Consequently,
we have strongly urged bidders to exercise great caution when
submitting their bids.
15. A waiver of the bid withdrawal payment provisions applicable to
the 900 MHz SMR auction and to the broadband PCS C block auction is
appropriate when a petitioner demonstrates that special circumstances
warrant a deviation from the rule and such deviation will serve the
public interest. Northeast Cellular Telephone Company v. FCC, 897 F.2d
1164, 1166 (D.C. Cir., 1990), citing Wait Radio v. FCC, 418 F.2d 1153
(D.C. Cir. 1969). On the facts before us, we believe that ATA and MAP
have demonstrated that waivers of the applicable bid withdrawal payment
provisions are appropriate. ATA and MAP have shown that they submitted
erroneous bids which exceeded their intended bids by factors of ten or
more. Under these circumstances, full imposition of the bid withdrawal
payment provisions would impose an extreme and unnecessary financial
hardship. As noted above, these provisions were adopted to discourage
insincere bidding. They were not adopted to impose financial hardship
on bidders who submit mistaken bids. Full enforcement of the bid
withdrawal payment provisions would not serve the underlying purpose of
these provisions, nor would it serve the public interest. For these
reasons, we believe that ATA and MAP are entitled to a partial waiver
of the applicable bid withdrawal payment provisions.
16. In cases of erroneous bids, some relief from the bid withdrawal
payment requirement appears necessary. We are concerned, however, that
a complete waiver of these provisions could threaten the economic
efficiency of the auction process. Such a precedent would encourage
future bidders who are uncertain about how much more to bid on a
particular license to submit ``mistaken'' bids intentionally so as to
gain insight into competitors' valuation of licenses. As ASI points
out, accurate bids are essential to the integrity of the auction
process. In this regard, we believe that the cases and the practice
under certain provisions of the Federal Acquisition Regulation (FAR)
cited by Antigone and PCS 2000 are inapposite because of the unique
auction methodology employed here (e.g., simultaneous multiple round
bidding). We also disagree with MAP's contention that because the
Auctions Division has previously granted waivers allowing applicants to
correct typographical or clerical errors in their short-form
applications (FCC Form 175s), MAP should be entitled to correct the
typographical or clerical error which resulted in its erroneous bid.
The waivers MAP cites allowed for changes to be made to the applicant's
FCC Form 175s. These waivers were granted prior to the commencement of
the auction where concerns about strategic manipulation of the bidding
process were non-existent. Furthermore, Commission precedent allowed
for changes to short-form applications to be made, whereas the
Commission has never allowed a bidder to change its bids without being
subject to the bid withdrawal payment provisions.
17. Therefore, we intend to partially waive these provisions in a
manner which is fair to bidders and which preserves the economic
efficiency of the auction process. For those instances in which bidders
submit an erroneous bid, we generally agree that the approach proposed
by ASI, which is a modification of our second proposal contained in the
Public Notice, is most appropriate. In determining an appropriate bid
withdrawal payment, we will take into consideration the round and stage
in which a mistaken bid is withdrawn. In general, the approach
described below follows the guidelines suggested by ASI and is designed
to eliminate the strategic benefit of purposely submitting mistaken
bids.
18. Specifically, if at any point during an auction a mistaken bid
is withdrawn in the same round in which it was submitted, the bid
withdrawal payment should be the greater of (a) the minimum bid
increment for that license and round, or (b) the standard bid
withdrawal payment calculated as if the bidder had made a bid at the
minimum accepted bid. If a mistaken bid is withdrawn in the round
immediately following the round in which it was submitted, and the
auction is in Stage I or Stage II, the withdrawal payment should be the
greater of (a) two times the minimum bid increment during the round in
which the mistaken bid was submitted or (b) the standard withdrawal
payment calculated as if the bidder had made a bid at one bid increment
above the minimum accepted bid. If the mistaken bid is withdrawn two or
more rounds following the round in which it was submitted, the bidder
should not be eligible for any reduction in the bid withdrawal payment.
Similarly, during Stage III of an auction, if a mistaken bid is not
withdrawn during the round it was submitted, the bidder should not be
eligible for any reduction in the bid withdrawal payment.
[[Page 25813]]
Example: Bidder X wishes to place the minimum accepted bid for
Market 1. The standing high bid for this market after Round 19 of
the auction is $1 million. The minimum bid increment is set at ten
percent. Thus, the minimum accepted bid for Market 1 in Round 20
would be $1.1 million. In Round 20, Bidder X erroneously submits a
bid of $110 million. If Bidder X withdraws it erroneous bid during
the bid withdrawal period for Round 20, it would be subject to a bid
withdrawal payment of the minimum bid increment for Round 20,
$100,000, or the difference between $1.1 million and the subsequent
winning bid, whichever is greater. If Bidder X does not withdraw its
bid until Round 21, and the auction is in Stage I or Stage II, it
would be subject to a bid withdrawal payment of two times the
minimum bid increment, $200,000, or the difference between $1.2
million and the subsequent winning bid, whichever is greater. If
Bidder X waits until Round 22 or later to withdraw its erroneous
bid, it would be subject to the standard bid withdrawal payment.
Similarly, if the auction is in Stage III, and Bidder X fails to
withdraw its erroneous bid in Round 20, it would be subject to the
standard bid withdrawal payment.
19. Under this approach, the required bid withdrawal payment would
be substantial enough to discourage strategic placement of erroneous
bids without being so severe as to impose an untenable burden on
bidders. In addition, the payment is tailored to the size of the
license and the point in the auction when the mistaken bid was
submitted. For example, if a mistaken bid is submitted early in a
simultaneous, multiple round auction, the potential damage to the
economic efficiency of the auction is lower than if it were submitted
during the later stages of the auction, and the required bid withdrawal
payment would be correspondingly lower. As an auction progresses,
however, the potential gain from a strategically-placed erroneous bid
is higher, and the potential damage to the efficiency of the auction
process is higher. In other words, erroneous bids cause greater damage
to the economic efficiency of the auction process as market prices
approach their final valuation. Thus, the cost of submitting an
erroneous bid during the later stages of an auction is higher than it
would be if it were submitted earlier in an auction.
20. We have decided to grant ATA and MAP relief from full
enforcement of the bid withdrawal payment rules. Specifically, we will
utilize the approach described above to reduce ATA's bid withdrawal
payment to two times the minimum bid increment for license 11P in Round
9, or $45,594. Similarly, we will utilize the approach described above
to reduce MAP's bid withdrawal payment to the minimum bid increment for
license B-380 in Round 10 of the broadband PCS C block auction, or
$206,400.
21. We delegate to the Wireless Telecommunications Bureau (the
``Bureau'') the authority to resolve similar requests for waiver of the
Commission's bid withdrawal provisions. In order for a party to be
eligible for such a waiver, it must submit a request for waiver
accompanied by a sworn declaration attesting to the veracity of the
factual circumstances surrounding the erroneous bid submission. We will
continue to evaluate these requests on a case-by-case basis. We caution
that relief will not be available to bidders if there is evidence that
they have engaged in insincere or frivolous bidding or have otherwise
acted in bad faith. We consider all allegations of bidder misconduct
very seriously.
IV. Ordering Clauses
22. Accordingly, it is ordered That the waiver request submitted by
Atlanta Trunking Associates, Inc. is granted to the extent indicated
above.
23. It is further ordered That Atlanta Trunking Associates, Inc. is
subject to a bid withdrawal payment requirement of $45,594.
24. It is further ordered That the waiver request submitted by MAP
Wireless, L.L.C. is granted to the extent indicated above.
25. It is further ordered That MAP Wireless, L.L.C. is subject to a
bid withdrawal payment requirement of $206,400.
26. It is further ordered That we delegate to the Wireless
Telecommunications Bureau the authority to resolve bid withdrawal
payment waiver requests involving factual circumstances similar to
those presented here.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-12967 Filed 5-22-95; 8:45 am]
BILLING CODE 6712-01-M
Complete official Federal Register PDF
FR Doc. 96-12945 Waiver of Bid Withdrawal Payment Provisions
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25807-25808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12945]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 24
[DA 96-706]
Waiver of Bid Withdrawal Payment Provisions
AGENCY: Federal Communications Commission.
ACTION: Final rule; waiver.
-----------------------------------------------------------------------
SUMMARY: On March 6, 1995, Georgia Independent PCS Corporation
(Georgia) filed a request for waiver of the bid withdrawal payment
provisions applicable to the broadband PCS C block auction. Under the
Commission's rules, the amount of the bid withdrawal payment is equal
to the difference between the withdrawn bid amount and the amount of
the subsequent winning bid, if the subsequent winning bid is lower. No
withdrawal payment is assessed if the subsequent winning bid exceeds
the withdrawn bid. The Order reduces Georgia's bid withdrawal payment
to the minimum bid increment for License B-076 (Chattanooga, TN) in
Round 37 of the broadband Personal Communications Services (PCS) C
block auction, or $569,898.
EFFECTIVE DATE: May 6, 1996.
FOR FURTHER INFORMATION CONTACT:
James Hedlund at 202-418-0660.
SUPPLEMENTARY INFORMATION: This Order, adopted May 6, 1996 and released
May 6, 1996, is available for inspection and copying during normal
business hours in the FCC Reference Center, Room 239, 1919 M Street
NW., Washington, DC. The complete text may be purchased from the
Commission's copy contractor, International Transcription Services,
Inc., 2100 M Street NW., Suite 140, Washington, DC 20037 (202) 857-
3800.
Order
1. The Wireless Telecommunications Bureau has before it a Request
for Waiver of Section 24.704(a)(1) of the Commission's rules filed by
Georgia
[[Page 25808]]
Independent PCS Corporation (``Georgia''). By this Order, we hereby
resolve Georgia's request. Specifically, this Order reduces Georgia's
bid withdrawal payment to the minimum bid increment for License B-076
(Chattanooga, TN) in Round 37 of the broadband Personal Communications
Services (PCS) C block auction, or $569,898.
2. Background. On March 6, 1995, Georgia filed a request for waiver
of the bid withdrawal payment provisions applicable to the broadband
PCS C block auction. Under the Commission's rules, the amount of the
bid withdrawal payment is equal to the difference between the withdrawn
bid amount and the amount of the subsequent winning bid, if the
subsequent winning bid is lower. No withdrawal payment is assessed if
the subsequent winning bid exceeds the withdrawn bid.
3. On May 3, 1996, the Commission issued an Order partially waiving
the bid withdrawal payment provisions applicable to the 900 MHz
Specialized Mobile Radio (SMR) and broadband PCS C block auctions. The
Order resolved the waiver requests of two applicants who submitted
erroneous bids which were later withdrawn. The Order also delegated
authority to resolve requests for waiver of the bid withdrawal payment
provisions involving similar factual circumstances to the Wireless
Telecommunications Bureau (``Bureau''). The Order indicated that for a
party to be eligible for such a waiver, it must submit a request for
waiver accompanied by a sworn declaration attesting to the veracity of
the factual circumstances surrounding the erroneous bid submission. In
addition, the Bureau was directed to consider such requests on a case-
by-case basis.
4. Georgia Waiver Request. In its request, Georgia alleges that due
to a clerical or typographical error, it submitted a bid of
$119,720,000 for License B-076 (Chattanooga, TN) in Round 37 of the
broadband PCS C block auction. Georgia further alleges that the error
may have been due in part to a ``flaw'' in the Commission's remote
bidding software. Georgia states that it intended to submit the minimum
accepted bid for that round and license, or $11,972,000. Georgia
attempted to withdraw its $119,972,000 bid during the bid withdrawal
period for Round 37 by contacting the FCC telephonically. Due in part
to technical problems with the FCC's wide-area network, Georgia claims
it was not able to withdraw its erroneous bid until Round 38. The final
high bid on this market at the close of the auction was $21,288,000.
Consequently, if the bid withdrawal payment requirement were fully
enforced, Georgia would be subject to a bid withdrawal payment of
$73,824,000. Affidavits by A.J. Paserella, and Robert L. Swearingen,
Jr., two of Georgia's authorized bidders, and Mr. Swearingen's
secretary, Wanda Queen, describe the events surrounding the erroneous
bid submission.
5. Georgia argues that imposition of the bid withdrawal payment for
its erroneous bid would be unduly burdensome and contrary to the public
interest. Georgia contends that there is established case law governing
mistaken bids that prohibit the requirement of any payment for bids
resulting from typographical or clerical errors. It observes that
Section 24.822 of the Commission's rules allows for the correction of
typographical errors on applicants' short-form applications (FCC Form
175s) and that the Auctions Division has granted waiver requests to
other C block applicants which sought to correct clerical or
typographical errors. Finally, Georgia argues that the most that the
Commission should require from bidders who submit erroneous bids is the
forfeiture of a single activity rule waiver.
6. Decision. In the May 3, 1996, Order, the Commission considered
the same issues presented here and indicated that full application of
the bid withdrawal payment provisions in instances of erroneous bids
would cause an extreme and unnecessary hardship on most bidders. On the
other hand, the Commission also indicated that a full waiver of these
provisions could threaten the economic efficiency of the auction
process. The Commission therefore decided to reduce the bid withdrawal
payments substantially, taking into consideration the round and stage
in which the mistaken bids were submitted and withdrawn.
7. Among other things, the Commission decided specifically that if
a mistaken bid is withdrawn in the same round in which it was
submitted, the withdrawal payment should be the greater of (a) the
minimum bid increment during the round in which it was submitted or (b)
the standard bid withdrawal payment calculated as if the bidder had
made a bid at the minimum accepted bid. The Commission applied this
calculation to reduce the bid withdrawal payment of MAP Wireless,
L.L.C., who withdrew its erroneous bid in the same round in which it
was submitted.
8. Under the facts presented, Georgia has demonstrated that it
submitted an erroneous bid of $119,720,000 for License B-076
(Chattanooga, TN) in Round 37 of the broadband PCS C block auction.
Georgia has further demonstrated that it attempted to withdraw its
erroneous bid in Round 37. Georgia submitted a request for waiver
accompanied by sworn affidavits attesting to the veracity of the
factual circumstances surrounding the erroneous bid. We find that full
enforcement of the bid withdrawal payment against Georgia in this
instance would not serve the purpose of this rule and would be contrary
to the public interest. In accordance with the Commission's May 3
Order, we find that a partial waiver of Section 24.704(a)(1) of the
Commission's rules is warranted. Specifically, because Georgia
attempted to withdraw its erroneous bid in the same round in which it
was submitted, we will reduce Georgia's required bid withdrawal payment
to the minimum bid increment for License B-076 in Round 37 of the
broadband PCS C block auction, or $569,898.
9. Accordingly, it is ordered that the waiver request submitted by
Georgia Independent PCS Corporation is granted to the extent indicated
above.
10. It is further ordered that Georgia Independent PCS Corporation
is subject to a bid withdrawal payment requirement of $569,898.
Federal Communications Commission.
Michele C. Farquhar,
Chief, Wireless Telecommunications Bureau.
[FR Doc. 96-12945 Filed 5-22-96; 8:45 am]
BILLING CODE 6712-01-M
Complete official Federal Register PDF
FR Doc. 96-12943 Waiver of Audited Financial Statements and General Application Requirements for the Broadband Personal Communications Services
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25808-25810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12943]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 24
[DA 96-705]
Waiver of Audited Financial Statements and General Application
Requirements for the Broadband Personal Communications Services
AGENCY: Federal Communications Commission.
ACTION: Final rule; waiver.
-----------------------------------------------------------------------
SUMMARY: Several parties have filed requests for waiver of Sections
24.720 (f) and (g) of the Commission's rules with respect to the long-
form applications (FCC Form 600) to be filed for broadband Personal
Communications Service (PCS) C block licenses. The parties argued that
the requirement that gross revenues and total assets figures disclosed
on the long-form applications be evidenced by audited financial
statement is unduly burdensome. The Commission granted the waivers and
on our own motion extended the waiver to all broadband PCS C block
applicants subject to the requirements of Sections 24.720 (f) and (g)
of the rules. In
[[Page 25809]]
addition, on our own motion, we waived certain ownership information
disclosure requirements of Section 24.813(a) (1), and (2) of the
Commission's rules for all successful broadband PCS C block bidders
filing long-form applications.
EFFECTIVE DATE: May 8, 1996.
FOR FURTHER INFORMATION CONTACT:
James Hedlund at 202-418-0660.
SUPPLEMENTARY INFORMATION: This Order, adopted May 8, 1996 and
released May 8, 1996, is available for inspection and copying during
normal business hours in the FCC Reference Center, Room 239, 1919 M
Street NW., Washington D.C. The complete text may be purchased from the
Commission's copy contractor, International Transcription Services,
Inc., 2100 M Street NW., Suite 140, Washington D.C. 20037 (202) 857-
3800.
Order
By the Chief, Wireless Telecommunications Bureau:
1. Several parties have filed requests for waiver of Sections
24.720 (f) and (g) of the Commission's rules with respect to the long-
form applications (FCC Form 600) to be filed for broadband Personal
Communications Service (PCS) C block licenses. See, e.g., Covington and
Burling Request for Waiver on behalf of unnamed investors in C block
applicants, filed January 26, 1996. The following applicants (many of
which are no longer active bidders in the C block auction) filed
requests for waiver of Section 24.720 (f) and (g) along with their
short-form applications (FCC Form 175) on November 6, 1995: Adilia M.
Aguilar; AirLink, L.L.C.; Airwave Telecommunications, Inc.; BC&D
Partners II, L.L.C.; CHPCS, Inc.; B&P PCS, Inc.; CDL Communications,
Inc.; Horsetooth Communications, Inc.; Glenn Ishihara; Global
Information Technologies, Inc.; James Communications Partners, GP;
Lubbock Radio Paging Service, Inc.; Mid-State Systems, Inc.; New Dakota
Investment Trust; Overland Company, Inc.; PCS Spectrum Partners, L.P.;
R&S PCS, Inc.; Reserve Telephone Company, Inc.; Shawn Capistrano; SPD
CableTel, Inc.; South Central Communications Corporation; Teltrust PCS
of the Intermountain States, Inc.; Teltrust PCS of Utah, Inc.; USA
Microcellular, Inc.; Virginia PCS Alliance Consortium; Whidbey
Telephone Company; William Ingram; Windkeeper Communications, Inc.; and
Wireless PCS, Inc. Generally, the parties argue that the requirement
that gross revenues and total assets figures disclosed on the long-form
applications be evidenced by audited financial statements is unduly
burdensome. Pursuant to delegated authority, we grant the waivers and
on our own motion extend this waiver to all broadband PCS C block
applicants subject to the requirements of Sections 24.720 (f) and (g)
of the Commission's rules. In addition, on our own motion, we waive
certain ownership information disclosure requirements of Sections
24.813(a) (1) and (2) of the Commission's rules for all successful
broadband PCS C block bidders filing long-form applications.
2. Section 24.709(c)(2)(i) of the Commission's rules provides that
each applicant submitting a long-form application shall in an exhibit:
(i) Disclose separately and in the aggregate the gross revenues
and total assets, computed in accordance with paragraphs (a) and (b)
of this section, for each of the following: the applicant; the
applicant's affiliates; the applicant's control group members; the
applicant's attributable investors; and affiliates of its
attributable investors.
Sections 24.720 (f) and (g) of the Commission's rules require that
gross revenues and total assets be evidenced by audited financial
statements under most circumstances:
(f) Gross Revenues. Gross revenues shall mean all income received
by an entity, whether earned or passive, before any deductions are made
for costs of doing business (e.g., cost of goods sold), as evidenced by
audited financial statements for the relevant number of calendar years
preceding January 1, 1994, or, if audited financial statements were not
prepared on a calendar-year basis, for the most completed fiscal years
preceding the filing of the applicant's short-form application (Form
175). For applications filed after December 31, 1995, gross revenues
shall be evidenced by audited financial statements for the preceding
relevant number of calendar or fiscal years. If an entity was not in
existence for all or part of the relevant period, gross revenues shall
be evidenced by the audited financial statements of the entity's
predecessor-in-interest or, if there is no identifiable predecessor-in-
interest, unaudited financial statements certified by the applicant as
accurate.
(g) Total assets. Total assets shall mean the book value (except
where generally accepted accounting principles (GAAP) require market
valuation) of the property owned by an entity, whether real or
personal, tangible or intangible, as evidenced by the most recent
audited financial statements.
3. Although these rules do not require applicants to file audited
financial statements with their long-form applications, they do require
gross revenues and total assets reported on the applications to be
supported by audited financial statements obtained by the applicants.
Several parties contend that for small businesses with limited
resources, obtaining audited financial statements would cause an
extreme financial hardship.
4. We agree that requiring broadband PCS C block applicants with
limited resources to obtain audited financial statements solely for the
purpose of supporting the long-form applications is excessively
burdensome. Thus, we waive the audited financial statements requirement
of Sections 24.720 (f) and (g) of the Commission's rules. With respect
to the filing of long-form applications, we believe that this waiver
will enable the Commission to continue to obtain timely financial data
while providing applicants with some degree of flexibility in their
financial reporting practices. We emphasize, however, that applicants
and their affiliates shall continue to be required to certify the
accuracy of all gross revenue and total assets figures submitted. We
also reserve the right to require licensees to provide audited
financial statements as required by Sections 24.720 (f) and (g) of the
Commission's rules at a later date.
5. Section 24.813(a) of the Commission's rules provides that
broadband PCS auction winners filing the long-form application shall
include in an exhibit, inter alia:
(1) A list of any business five percent or more of whose stock,
warrants, options or debt securities are owned by the applicant or
an officer, director, attributable stockholder or key management
personnel of the applicant. This list must include a description of
each such business's principal business and a description of each
such business's relationship to the applicant.
(2) A list of the party which holds a five percent or more
interest (or a ten percent interest or more interest for
institutional investors as defined in Sec. 24.720(h)) in the
applicant, or an entity in which a five percent or more interest (or
a ten percent interest or more interest for institutional investors
as defined in Sec. 24.720(h)) is held by another party which holds a
five percent or more interest (or a ten percent interest or more
interest for institutional investors as defined in Sec. 24.720(h))
in the applicant (e.g., If company A owns 5% of Company B (the
applicant) and 5% of Company C, then Companies A and C must be
listed on Company B's application).
6. The former Private Radio Bureau, acting on delegated authority,
waived some of the information disclosure requirements of Section
24.813(a)(1) and 24.813(a)(2) for the short-form applications (FCC Form
175s) filed for the auction of the broadband PCS A and
[[Page 25810]]
B block licenses. The Wireless Telecommunications Bureau (``Bureau'')
later waived the same provisions for the long-form applications for the
auction of the broadband PCS A and B block licenses. These same
provisions also were waived for the short-form applications filed for
the auction of the broadband PCS C block licenses. We find that the
public interest would be served by waiving certain ownership
information disclosure requirements for the long-form applications
filed by the block winning bidders. Specifically, our rules require
applicants to list in their long-form applications all businesses in
which each attributable stockholder owns at least five percent. This
requirement necessitates reporting of interests in firms with no
relation to the licenses auctioned. For many companies, particularly
investment firms with diverse holdings, compliance with this
requirement is extremely burdensome, especially when calculating
indirect ownership interests in outside firms. We believe that, for
purposes of long-form application processing, requiring stockholders in
applicants to report all firms in which they hold an interest of five
percent or more is overly burdensome.
7. The purpose of the PCS ownership disclosure requirements is to
allow the Commission to determine who is the real party in interest, to
determine compliance with the anti-collusion rules, the applicable
spectrum caps, certain ownership restrictions such as the multiple and
cross ownership rules, and the alien ownership restrictions. All
applicants already must certify that they are in compliance with these
regulations, and the applicants themselves should be able to supply the
bulk of the information required by Section 24.813(a) without
significant burden.
8. Consequently, we waive the information disclosure requirement of
Sections 24.813(a)(1) and 24.813(a)(2) of the Commission's rules with
respect to other, outside ownership interests of attributable
stockholders of applicants, except that outside interests of five
percent or more in other land mobile services (i.e., Commercial Mobile
Radio Service licensees or applicants or Private Mobile Radio Service
licensees or applicants) shall be disclosed. Also, all direct or
indirect interests in the applicant that amount to five percent or more
must be reported. All indirect interests held in the applicant should
be computed in accordance with the multiplier approach set forth in 47
CFR Sec. 24.204(d)(viii). Institutional investors need only disclose
direct or indirect interests of ten percent or more in the applicant,
and need to report all outside business interests of five percent or
more in CMRS or PMRS businesses. We reserve the right to ask applicants
for any additional information required by Section 24.813 of the
Commission's rules at a later date. All other long-form reporting
requirements will continue to apply.
9. This Order is not subject to the general notice and comment
requirement of the Administrative Procedure Act, because it concerns
procedural rules, and we are relieving applicants of an administrative
burden as opposed to imposing a reporting burden on them. In addition,
good cause for the waiver is shown. The waiver will expedite the
Commission's ability to process broadband PCS C block applications,
thus expediting the delivery of service to the public.
10. Accordingly, it is ordered That the requirements of Sections
24.720(f) and 24.720(g) of the Commission's rules, 47 CFR
Secs. 24.720(f) and 24.720(g), are waived to the extent described here
with respect to long-form applications (FCC Form 600) for broadband PCS
C block licenses.
11. It is further ordered That the requirements of Sections
24.813(a)(1) and 24.813(a)(2), 47 CFR Secs. 24.813(a)(1) and
24.813(a)(2), are waived to the extent described here with respect to
long-form applications (FCC Form 600) for broadband PCS C block
licenses.
Federal Communications Commission.
Michele C. Farquhar,
Chief, Wireless Telecommunications Bureau.
[FR Doc. 96-12943 Filed 5-22-96; 8:45 am]
BILLING CODE 6712-01-M
Complete official Federal Register PDF
FR Doc. 96-12924 Compensation for Disability Resulting From Hospitalization, Treatment, Examination, or Vocational Rehabilitation
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25787-25789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12924]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AH44
Compensation for Disability Resulting From Hospitalization,
Treatment, Examination, or Vocational Rehabilitation
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document adopts as a final rule with minor,
nonsubstantive changes an interim rule amending Department of Veterans
Affairs (VA) adjudication regulations concerning compensation for
disability or death resulting from VA hospitalization, medical or
surgical treatment, or examination. Before the interim rule, to
establish entitlement to compensation for adverse results of medical or
surgical treatment, the regulations required that VA be at fault or
that an accident occur. In order to conform the regulations to a recent
United States Supreme Court decision, the interim rule deleted the
fault-or-accident requirement and instead provided that compensation is
not payable for the necessary consequences of proper treatment to which
the veteran consented.
EFFECTIVE DATE: This final rule is effective July 22, 1996.
FOR FURTHER INFORMATION CONTACT: Paul Trowbridge, Consultant,
Regulations Staff, Compensation and Pension Service, Veterans Benefits
Administration, 810 Vermont Avenue, NW, Washington, DC 20420, telephone
(202) 273-7210.
SUPPLEMENTARY INFORMATION: 38 U.S.C. 1151 provides for the payment of
disability or dependency and indemnity compensation for additional
disability or death resulting from an injury or aggravation of an
injury suffered as the result of VA hospitalization, medical or
surgical treatment, examination, or pursuit of a course of vocational
rehabilitation under 38 U.S.C. ch. 31. VA had long interpreted the
statute to require a showing of fault on the part of VA or the
occurrence of an accident to establish entitlement to Sec. 1151
compensation for adverse consequences of VA medical treatment. This
interpretation was codified at 38 CFR 3.358(c)(3).
In a recent decision, Brown v. Gardner, 115 S. Ct. 552 (1994),
upholding a lower court decision, the U.S. Supreme Court held that the
fault-or-accident requirement in former 38 CFR 3.358(c)(3) was
inconsistent with the plain language of 38 U.S.C. 1151 and that no
fault requirement was implicit in the statute. The Supreme Court
determined that the statutory language simply requires a causal
connection between an injury or aggravation of an injury and VA
hospitalization, medical or surgical treatment, examination, or
vocational rehabilitation, but that compensation is not payable for the
necessary consequences of treatment to which a veteran consented.
In the Federal Register of March 16, 1995 (60 FR 14222), VA
published an interim rule amending 38 CFR 3.358(c) in order to
implement 38 U.S.C. 1151 as interpreted in that decision of the Supreme
Court. Interested persons were invited to submit written comments on or
before May 15, 1995. We received comments from the Paralyzed Veterans
of America and from a concerned individual.
One commenter, observing that VA may provide disability
examinations for beneficiaries of the British Imperial and Canadian
governments and for pensioners of other nations allied with the U.S.
during World War I and World War II, and that VA may conduct
examinations for other Federal agencies (e.g., Office of Personnel
Management, Railroad Retirement Board), asked whether VA intends to
cover under 38 U.S.C. 1151 those examinees. Since the plain language of
38 U.S.C. 1151 provides for payment of benefits only for a veteran, VA
has no authority to award Sec. 1151 benefits for anyone who is not a
veteran.
The same commenter suggested substituting the term ``veteran'' for
the
[[Page 25788]]
terms ``beneficiary'' and ``claimant'' in 38 CFR 3.358 (b)(1) and
(c)(5) respectively if VA's intention was to restrict payment of
compensation under 38 U.S.C. 1151 for veterans only. Since the statute
authorizes the payment of benefits only for veterans, we have made the
suggested changes. These changes are not substantive; they merely
conform the regulation's terms to the statute's terms.
One commenter stated that because VA changed the regulation as a
result of the Supreme Court's decision in Brown v. Gardner, which he
contends found that the relevant portions of VA's prior regulations
were void ab initio, the effective date of the regulatory change should
be the date the legislation now codified as 38 U.S.C. 1151 was
originally enacted rather than November 25, 1991, the date of the Court
of Veterans Appeals decision that invalidated former Sec. 3.358(c)(3).
We make no change in the effective date of the interim rule based
on this comment. In our opinion, choosing November 25, 1991, as the
effective date is rational. Furthermore, it is consistent with VA
policies concerning the finality of decided claims and the application
of court decisions invalidating VA regulations or statutory
interpretations.
VA's General Counsel, in a precedent opinion issued March 25, 1994
(VAOPGCPREC 9-94) (see 59 FR 27307, May 26, 1994), held that decisions
of the Court of Veterans Appeals invalidating VA regulations or
statutory interpretations do not have retroactive effect in relation to
prior finally adjudicated claims, but should be given retroactive
effect as they relate to claims still open on direct review. In
reaching this conclusion, the General Counsel quoted the following
passage from the U.S. Supreme Court's opinion in Harper v. Virginia
Dept. of Taxation, 113 S. Ct. 2510 (1993):
When this Court applies a rule of federal law to the parties
before it, that rule is the controlling interpretation of federal
law and must be given full retroactive effect in all cases still
open on direct review and as to all events, regardless of whether
such events predate or postdate our announcement of the rule.
Id. at 2517. That General Counsel precedent opinion is binding on VA
and requires that VA apply the courts' interpretation of 38 U.S.C. 1151
to claims still open on direct review on November 25, 1991, the date of
the Court of Veterans Appeals decision, but not to prior finally
adjudicated claims.
By being effective from the date of the Court of Veterans Appeals
decision invalidating former Sec. 3.358(c)(3), the new rule will be
applied just as VAOPGCPREC 9-94 requires the court decision to be
applied. With an effective date of November 25, 1991, the new rule will
apply to all claims still open on direct review on that date, whether
by an agency of original jurisdiction or the Board of Veterans'
Appeals. Moreover, the effective date of any award based on the new
rule's application to such a claim will be in accordance with 38 U.S.C.
5110. However, the new rule will not retroactively apply to claims
already finally decided as of November 25, 1991. Although those claims
can be reopened with new and material evidence or administratively
reviewed under the liberalized provisions of the new rule, no award
based on the new rule's application to such a claim will be effective
before that date.
In the absence of new and material evidence to reopen a claim or
another reason to reconsider a Board of Veterans' Appeals decision, a
finally decided claim remains final unless it involved clear and
unmistakable or obvious error. By being effective from November 25,
1991, the new rule will also be consistent with this policy of
finality. Claims pending on that date will receive the benefit of the
new, more liberal interpretation of 38 U.S.C. 1151. Claims finally
decided by that date, although decided under the old, subsequently
invalidated rule, in the absence of new and material evidence to reopen
or another reason to reconsider, will remain final unless they involved
clear and unmistakable or obvious error. Moreover, we do not consider
the application of the old rule before November 25, 1991, to have been
clear and unmistakable or obvious error. See 38 CFR 3.105; VAOPGCPREC
25-95 (December 6, 1995).
The same commenter also objected to using 38 U.S.C. 1151 as the
authority citation for paragraph (c)(6). In addition to containing
information relating to 38 U.S.C. 1151, this paragraph contains
information relating to 38 U.S.C. 1720 (non-VA nursing home care).
Therefore, we are changing the authority citation to include both 38
U.S.C. 1151 and 1720.
Before the interim rule, 38 CFR 3.358(c)(4) provided that
compensation would be payable for disability resulting from
transportation while in a hospitalized status only if injury or death
proximately resulted from VA's fault. The interim rule removed former
paragraph (c)(4). A commenter suggests adding language to 38 CFR
3.358(a) expressly providing for 38 U.S.C. 1151 coverage where
additional disability results from transportation while in a
hospitalized status.
As was true before the courts invalidated VA's former
interpretation of 38 U.S.C. 1151, claims based on additional disability
or death resulting from an injury suffered as a result of
transportation while in a hospitalized status are held to the same
standard as claims based on additional disability or death resulting
from an injury otherwise suffered as a result of hospitalization.
Former paragraph (c)(4) was added to the regulation because of a
decision of the Administrator of Veterans' Affairs holding that
injuries suffered while being transported in a hospitalized status
could give rise to eligibility under the predecessor provisions of 38
U.S.C. 1151. Transportation while hospitalized can still give rise to
eligibility even though the old fault-or-accident standard is no longer
valid. However, since the rule's general term ``hospitalization''
encompasses the particular circumstances of transportation while in a
hospitalized status, we see no need to specify a provision for
transportation while in a hospitalized status.
The Office of Management and Budget has reviewed this regulatory
action under Executive Order 12866.
The Catalog of Federal Domestic Assistance program number is
64.109.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Health care,
Individuals with disabilities, Pensions, Veterans.
Approved: February 7, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set forth in the preamble, the interim rule
amending 38 CFR Part 3, which was published at 60 FR 14222 on March 16,
1995, is adopted as a final rule with the following changes:
PART 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
1. The authority citation for part 3, subpart A continues to read
as follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
2. In Sec. 3.358, paragraph (b)(1) introductory text is amended by
removing ``beneficiary's'' and adding, in its place, ``veteran's'';
paragraph (c)(4) is amended by removing ``claimant's'' and
``claimants'' and adding, in their respective places, ``veteran's'' and
``veterans''; and an authority citation is added immediately following
paragraph (c)(6) to read as follows:
[[Page 25789]]
Sec. 3.358 Determinations for disability or death from
hospitalization, medical or surgical treatment, examinations or
vocational rehabilitation training (Sec. 3.800).
* * * * *
(Authority: 38 U.S.C. 1151, 1720.)
[FR Doc. 96-12924 Filed 5-22-96; 8:45 am]
BILLING CODE 8320-01-P
Complete official Federal Register PDF
FR Doc. 96-12901 Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the California Red-Legged Frog
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25813-25833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12901]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC 34
Endangered and Threatened Wildlife and Plants; Determination of
Threatened Status for the California Red-Legged Frog
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines
threatened status for the California red-legged frog (Rana aurora
draytonii) pursuant to the Endangered Species Act of 1973, as amended
(Act). The Service originally proposed to list the California red-
legged frog as endangered, but information obtained during the comment
period suggests that this taxon is found in more localities within its
current range than previously identified. The California red-legged
frog is now found primarily in wetlands and streams in coastal
drainages of central California. It has been extirpated from 70 percent
of its former range. The California red-legged frog is threatened
within its remaining range by a wide variety of human impacts,
including urban encroachment, construction of reservoirs and water
diversions, introduction of exotic predators and competitors, livestock
grazing, and habitat fragmentation. This rule implements the Federal
protection and recovery provisions afforded by the Act for this
species.
EFFECTIVE DATE: June 24, 1996.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the U.S.
Fish and Wildlife Service, 2800 Cottage Way, Room E-1803, Sacramento,
CA 95825-1846.
FOR FURTHER INFORMATION CONTACT: Karen J. Miller, at the above address
(916 979-2725).
SUPPLEMENTARY INFORMATION:
Background
The California red-legged frog (Rana aurora draytonii) is one of
two subspecies of the red-legged frog (Rana aurora) found on the
Pacific coast. Rana a. draytonii was first described by Baird and
Girard in 1852 from specimens collected at or near the City of San
Francisco in 1841 (Storer 1925, Cochran 1961). The California red-
legged frog is the largest native frog in the western United States
(Wright and Wright 1949),
[[Page 25814]]
ranging from 4 to 13 centimeters (cm) (1.5 to 5.1 inches (in.)) in
length (Stebbins 1985). The abdomen and hind legs of adults are largely
red; the back is characterized by small black flecks and larger
irregular dark blotches with indistinct outlines on a brown, gray,
olive, or reddish background color. Dorsal spots usually have light
centers (Stebbins 1985). Dorsolateral folds are prominent on the back.
Larvae (tadpoles) range from 14 to 80 millimeters (mm) (0.6 to 3.1 in.)
in length and the background color of the body is dark brown and yellow
with darker spots (Storer 1925).
The historical range of the California red-legged frog extended
coastally from the vicinity of Point Reyes National Seashore, Marin
County, California, and inland from the vicinity of Redding, Shasta
County, California, southward to northwestern Baja California, Mexico
(Jennings and Hayes 1985, Hayes and Krempels 1986). The northern red-
legged frog (Rana aurora aurora) ranges from Vancouver Island, British
Columbia, Canada, south along the Pacific coast west of the Cascade
ranges to northern California (northern Del Norte County). Red-legged
frogs found in the intervening area (southern Del Norte to northern
Marin County) exhibit intergrade characteristics of both R. a. aurora
and R. a. draytonii (Hayes and Krempels 1986). Systematic relationships
between the two subspecies are not completely understood (Hayes and
Miyamoto 1984, Green 1985a, Green 1986, Hayes and Krempels 1986).
However, significant morphological and behavioral differences between
the two subspecies suggest that they may actually be two species in
secondary contact (Hayes and Krempels 1986).
Northern Marin County represents the approximate dividing line
between R. a. draytonii and the intergrade zone along the coastal range
(Mark Jennings, National Biological Service, pers. comm., 1993).
California red-legged frogs found in Nevada (Linsdale 1938, Green
1985b) were introduced. This rule does not extend the Act's protection
to any R. aurora in (1) The State of Nevada; (2) Humboldt, Trinity, and
Mendocino counties, California; (3) Glenn, Lake, and Sonoma counties,
California, west of the Central Valley Hydrological Basin; or (4)
Sonoma and Marin counties north and west of the Napa River, Sonoma
Creek, and Petaluma River drainages, which drain into San Francisco
Bay, and north of the Walker Creek drainage, which drains to the
Pacific Ocean.
Several morphological and behavioral characteristics differentiate
California red-legged frogs from northern red-legged frogs. Adult
California red-legged frogs are significantly larger than northern red-
legged frogs by 35 to 40 mm (1.4 to 1.6 in.) (Hayes and Miyamoto 1984).
Dorsal spots of northern red-legged frogs usually lack light centers
common to California red-legged frogs (Stebbins 1985), but this is not
a strong diagnostic character. California red-legged frogs have paired
vocal sacs and call in air (Hayes and Krempels 1986), whereas northern
red-legged frogs lack vocal sacs (Hayes and Krempels 1986) and call
underwater (Licht 1969). Female California red-legged frogs deposit egg
masses on emergent vegetation so that the egg mass floats on the
surface of the water (Hayes and Miyamoto 1984). Northern red-legged
frogs also attach their egg masses to emergent vegetation, but the mass
is submerged (Licht 1969).
California red-legged frogs breed from November through March with
earlier breeding records occurring in southern localities (Storer
1925). Northern red-legged frogs breed in January to March soon after
the ice melts (Nussbaum et al. 1983). California red-legged frogs found
in coastal drainages are rarely inactive (Jennings et al. 1992),
whereas those found in interior sites may hibernate (Storer 1925).
The California red-legged frog occupies a fairly distinct habitat,
combining both specific aquatic and riparian components (Hayes and
Jennings 1988, Jennings 1988b). The adults require dense, shrubby or
emergent riparian vegetation closely associated with deep (>0.7 meters
(m)) still or slow moving water (Hayes and Jennings 1988). The largest
densities of California red-legged frogs are associated with deep-water
pools with dense stands of overhanging willows (Salix spp.) and an
intermixed fringe of cattails (Typha latifolia) (Jennings 1988b). Well-
vegetated terrestrial areas within the riparian corridor may provide
important sheltering habitat during winter. California red-legged frogs
estivate in small mammal burrows and moist leaf litter (Jennings and
Hayes 1994b). California red-legged frogs have been found up to 30 m
(98 feet (ft)) from water in adjacent dense riparian vegetation for up
to 77 days (Rathbun et al. 1993, Galen Rathbun, National Biological
Service, in litt., 1994). Rathbun (in litt., 1994) found that the use
of the adjacent riparian corridor was most often associated with drying
of coastal creeks in mid to late summer.
California red-legged frogs disperse upstream and downstream of
their breeding habitat to forage and seek estivation habitat.
Estivation habitat is essential for the survival of California red-
legged frogs within a watershed. Estivation habitat, and the ability to
reach estivation habitat can be limiting factors in California red-
legged frog population numbers and survival.
Estivation habitat for the California red-legged frog is
potentially all aquatic and riparian areas within the range of the
species and includes any landscape features that provide cover and
moisture during the dry season within 300 feet of a riparian area. This
could include boulders or rocks and organic debris such as downed trees
or logs; industrial debris; and agricultural features, such as drains,
watering troughs, spring boxes, abandoned sheds, or hay-ricks. Incised
stream channels with portions narrower than 18 inches and depths
greater than 18 inches may also provide estivation habitat.
Egg masses that contain about 2,000 to 5,000 moderate-sized (2.0 to
2.8 mm (0.08 to 0.11 in.) in diameter), dark reddish brown eggs are
typically attached to vertical emergent vegetation, such as bulrushes
(Scirpus spp.) or cattails (Typha spp.) (Jennings et al. 1992).
California red-legged frogs are often prolific breeders, laying their
eggs during or shortly after large rainfall events in late winter and
early spring (Hayes and Miyamoto 1984). Eggs hatch in 6 to 14 days
(Jennings 1988b). In coastal lagoons, the most significant mortality
factor in the pre-hatching stage is water salinity (Jennings et al.
1992). One hundred percent mortality occurs in eggs exposed to salinity
levels greater than 4.5 parts per thousand (Jennings and Hayes 1990).
Larvae die when exposed to salinities greater than 7.0 parts per
thousand (Mark Jennings, National Biological Service, in litt., 1994).
Larvae undergo metamorphosis 3.5 to 7 months after hatching (Storer
1925, Wright and Wright 1949, Jennings and Hayes 1990). Of the various
life stages, larvae probably experience the highest mortality rates,
with less than 1 percent of eggs laid reaching metamorphosis (Jennings
et al. 1992). Sexual maturity normally is reached at 3 to 4 years of
age (Storer 1925, Jennings and Hayes 1985), and California red-legged
frogs may live 8 to 10 years (Jennings et al. 1992).
The diet of California red-legged frogs is highly variable. Larvae
probably eat algae (Jennings et al. 1992). Hayes and Tennant (1985)
found invertebrates to be the most common food items of adult frogs.
Vertebrates, such as Pacific tree frogs (Hyla regilla) and California
mice (Peromyscus californicus), represented over half of the prey mass
eaten by larger frogs (Hayes and Tennant 1985). Hayes and Tennant
(1985) found
[[Page 25815]]
juvenile frogs to be active diurnally and nocturnally, whereas adult
frogs were largely nocturnal. Feeding activity likely occurs along the
shoreline and on the surface of the water (Hayes and Tennant 1985).
The California red-legged frog has sustained a 70 percent reduction
in its geographic range in California as a result of several factors
acting singly or in combination (Jennings et al. 1992). Habitat loss
and alteration, overexploitation, and introduction of exotic predators
were significant factors in the California red-legged frog's decline in
the early to mid 1900s. It is estimated that California red-legged
frogs were extirpated from the Central Valley floor before 1960.
Remaining aggregations (assemblages of one or more individuals, not
necessarily a viable population) of California red-legged frogs in the
Sierran foothills became fragmented and were later eliminated by
reservoir construction, continued expansion of exotic predators,
grazing, and prolonged drought. Within the Central Valley hydrographic
basin, only 14 drainages on the Coast Ranges slope of the San Joaquin
Valley and one drainage in the Sierran foothills are actually known to
support or may support California red-legged frogs, compared to over 60
historic locality records for this basin (a 77 percent reduction). The
pattern of disappearance of California red-legged frogs in southern
California is similar to that in the Central Valley, except that
urbanization and associated roadway, large reservoir (introduction of
exotic predators), and stream channelization projects were the primary
factors causing population declines. In southern California, California
red-legged frogs are known from only five locations south of the
Tehachapi Mountains, compared to over 80 historic locality records for
this region (a reduction of 94 percent).
California red-legged frogs are known to occur in 243 streams or
drainages in 22 counties, primarily in the central coastal region of
California. The current number of occupied drainages represents
information obtained during the public comment period and re-evaluation
of Service records. This re-evaluation resulted in the compilation of a
threat matrix for all drainages known to support California red-legged
frogs (U.S. Fish and Wildlife Service 1995). The term ``drainage'' will
be used to describe named streams, creeks, and tributaries from which
California red-legged frogs have been observed. For purposes of this
final rule, a single occurrence of California red-legged frog is
sufficient to designate a drainage as occupied by, or supporting
California red-legged frogs. Monterey (32), San Luis Obispo (36), and
Santa Barbara (36) counties support the greatest number of currently
occupied drainages. Historically the California red-legged frog was
known from 46 counties, but the taxon is now extirpated from 24 of
those counties (a 52 percent reduction in county occurrences). In seven
of the 22 occupied counties (32 percent), California red-legged frogs
are known from a single occurrence. The most secure aggregations of
California red-legged frogs are found in aquatic sites that support
substantial riparian and aquatic vegetation and lack exotic predators
(e.g., bullfrogs (Rana catesbeiana), bass (Micropterus spp.), and
sunfish (Lepomis spp.)). Only three areas within the entire historic
range of the California red-legged frog may currently support more than
350 adults, Pescardero Marsh Nature Preserve (San Mateo County), Point
Reyes National Seashore (Marin County), and Rancho San Carlos (Monterey
County). The San Francisco Airport drainage location, identified in the
proposed rule as containing over 350 individuals, is now thought to be
nearly extirpated. Threats, such as expansion of exotic predators,
proposed residential development, and water storage projects, occur in
the majority of drainages known to support California red-legged frogs.
Previous Federal Action
On January 29, 1992, the Service received a petition from Drs. Mark
R. Jennings and Marc P. Hayes, and Mr. Dan Holland to list the
California red-legged frog (Rana aurora draytonii). The petition
specified endangered or threatened status by distinct drainages
(watersheds) within the range of the species. On October 5, 1992, the
Service published a 90-day petition finding (57 FR 45761) that
substantial information had been presented indicating the requested
action may be warranted. Public comments were requested and a review of
the species' status was initiated. The California red-legged frog had
been included as a Category 1 candidate species in the Service's
November 21, 1991, Animal Notice of Review (56 FR 58804). Category 1
candidates (now known simply as candidates) are species for which the
Service has sufficient information on biological vulnerability and
threat to support proposals to list them as endangered or threatened.
On July 19, 1993, the Service published a 12-month finding on the
petitioned action (58 FR 38553). This finding indicated that listing of
the California red-legged frog was warranted and that a proposed rule
would be published promptly. On February 2, 1994 (59 FR 4888), the
Service published a proposal to list the California red-legged frog as
an endangered species. Based on new information received during the
comment period on the proposed rule, the Service now determines the
California red-legged frog to be a threatened species.
Summary of Comments and Recommendations
In the February 2, 1994 proposed rule (58 FR 4888) and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to development of a final
rule. Appropriate State agencies and representatives, County and City
governments, Federal agencies and representatives, scientific
organizations, and other interested parties were contacted and
requested to comment. Newspaper notices were published in the San
Francisco Chronicle on February 9, 1994, and the Sacramento Bee on
February 10, 1994, both of which invited public comment.
The Service received eight written requests for a public hearing.
Three requests came from the Mosquito and Vector Control Districts of
Glenn, Sutter/Yuba, and Butte counties. Additional requests came from
William Hazeltine, a private consultant; the California Cattlemen's
Association; the Cambria Community Services District; the United
Residential Lot Owners of Cambria, Inc.; and Price, Postel, and Parma,
a Santa Barbara law firm. As a result, the Service published a notice
of public hearing on April 8, 1994 (59 FR 16792), and reopened the
comment period until May 27, 1994. Appropriate State agencies and
representatives, County and City governments, Federal agencies and
representatives, scientific organizations, and other interested parties
were contacted regarding the hearing. A newspaper notice of the public
hearing was published in the Sacramento Bee on April 25, 1994, which
invited general public comment. A public hearing was conducted at the
Radisson Hotel in Sacramento, California on May 12, 1994. Testimony was
taken from 6:00 p.m. to 8:00 p.m. Seventeen individuals testified at
the hearing.
During the comment periods, the Service received 72 comments (i.e.,
letters and oral testimony) from 57 individuals or agencies. Of the 31
commenters that stated a position, 22 (71 percent) supported listing
and 9 (29 percent) did not.
Support for the listing was expressed by one State agency
(California
[[Page 25816]]
Department of Parks and Recreation) and 18 other interested parties.
Three commenters recommended listing the California red-legged frog as
threatened. Opposition to the listing was expressed by two mosquito
abatement or vector control districts and seven other interested
parties. Of the 26 respondents indicating no position on the listing,
several expressed concern regarding the impact of listing.
Written comments and oral statements obtained during the public
hearing and comment periods are combined in the following discussion.
Opposing comments and other comments questioning the rule can be placed
in 10 general groups based on content. These categories of comment, and
the Service's response to each, are listed below.
Issue 1: Insufficiency of Scientific Data
Comment: Several commenters stated that insufficient data are
available to warrant listing of the California red-legged frog. They
suggested that the distribution of the California red-legged frog is
more widespread and that many more sites may exist than were reported
in the proposed rule because surveying within the historic range of the
taxon has not been complete. One commenter suggested that only easily
accessible areas on the coast seemed to have been surveyed and if a
watershed approach had been taken, the range of the species would be
greater than 30 percent of its historical range. Another commenter
suggested that many surveys were done in drought years, which would
bias the data.
Service Response: The Service mapped the current range of the
California red-legged frog based on survey results. Wherever a
watershed was known to support California red-legged frogs, the entire
watershed was included as being within the species' current range. The
only watersheds that were not included in their entirety are those in
the Sierra Nevada where the upper reaches are too high in elevation to
provide habitat for the California red-legged frog, and portions of
watersheds located on the Central Valley floor. In the Coast Ranges,
watersheds lacking information on California red-legged frogs were
included within the current range of the California red-legged frog
from Marin County south to Ventura County.
Over the last 15 years, the petitioners have conducted multiple
surveys, visiting each survey site a minimum of three times, to
determine the status of the California red-legged frog throughout its
entire range. The petitioners rechecked 75 percent of the historic
sites in the coastal region of the range of the California red-legged
frog and all suitable habitat within the species historic range in the
Central Valley and Sierra Nevada foothills including all but one of the
historic sites. This site was surveyed by another herpetologist, Dave
Martin (Jennings, pers. comm., 1995). In surveying suitable habitat,
access to some areas was denied by private landowners. Even so,
surveyors were able to obtain access to all major drainages within
their survey area (Jennings, pers. comm., 1995). Many of the surveys
were conducted between 1986 and 1990, which were considered drought
years. However, in the majority of cases reasons other than drought
were considered responsible for the absence of frogs (Jennings, pers.
comm., 1995). Where drought was thought to be the case, repeat surveys
were performed in subsequent wet years (Jennings, pers. comm., 1995).
Approximately half of the sites surveyed were along roadsides and
easily accessible. The remaining sites were difficult to access, often
requiring strenuous hikes (Jennings, pers. comm., 1995). Surveying by
the petitioners and others is ongoing in many portions of the State.
Surveys conducted by other researchers support the conclusions of
the petitioners. Extensive surveying has been conducted in years with
and without drought conditions in Sierran national forests by David
Martin (University of California, Santa Barbara,, pers. comm., 1994);
Santa Clara County and the foothills of the western Sierra Nevada
between Modesto and Fresno by the Coyote Creek Riparian Station (in
litt., 1993); the Sacramento Valley, San Joaquin Valley and inner Coast
Ranges by the University of California at Davis (H. Bradley Shaffer,
University of California, Davis, in litt., 1994); Santa Cruz County by
the University of California at Santa Cruz (Nauman 1992); Santa Cruz
and San Mateo counties (Mike Westphal, Coyote Creek Riparian Station,
1995), and the Point Reyes Peninsula by the National Park Service (Gary
Fellers, National Biological Service, in litt., 1994).
As a result of these surveys and additional information received
during the public comment period following publication of the proposed
rule, 54 new localities of California red-legged frogs were identified.
The majority of these sightings, however, are within the current range
of the California red-legged frog as identified in the proposed rule.
The exceptions are the discovery of California red-legged frogs in the
Sierran foothills (Butte County, Pinkard Creek), the Transverse
mountain range (Los Angeles county near Palmdale), Sulphur Springs
Creek in Solano County, and Mine Creek in Fresno County; the latter two
representing minor range extensions to the east. The Service is
confident that the Central Valley floor, Sierra Nevada foothills, and
southern California (south of the Tehachapi Mountains) have been
surveyed sufficiently to draw the conclusion that California red-legged
frogs have been extirpated or nearly extirpated from these regions.
These three regions comprise over 70 percent of the California red-
legged frog's historic range.
Section 4(b)(1)(A) of the Act requires that a listing determination
be based on the best scientific and commercial data available. The
Service bases this listing determination on data collected over a
period of 15 years by the petitioners and numerous other qualified
herpetologists. All data indicate a downward trend in the range of the
California red-legged frog and a preponderance of small, fragmented
aggregations of frogs. The viability of the remaining California red-
legged frog aggregations is threatened by numerous factors which are
discussed in detail in this rule. The Service maintains, therefore,
that sufficient data are available to warrant listing the California
red-legged frog. However, because the Service received significant
additional information on locations of California red-legged frog
aggregations within their current range during the comment period,
listing the taxon as threatened rather than endangered is deemed more
appropriate.
Comment: Another commenter stated that the conclusion in the
proposed rule that 75 percent of the species' remaining range is
threatened by one or more factors has no basis in scientific fact and
is not supported by any substantial scientific evidence.
Service Response: The proposed rule stated that the California red-
legged frog has been extirpated from 75 percent of the historic range
of the taxon. Because of the inclusion of 54 additional streams or
drainages known to support California red-legged frogs, the final rule
has been revised to state that extirpation has occurred in 70 percent
of the historic range. The commenter misinterpreted the information in
the proposed rule. The estimate of extirpated range is based on
information published in the literature and presented to the Service by
the petitioners and other herpetologists, survey biologists, and
consultants.
Comment: One commenter stated that an article in the March 1, 1994,
San Ramon Valley Times reported that the East Bay Regional Park
District had not
[[Page 25817]]
surveyed for frogs on its properties. Given that the District comprises
over 75,000 acres, the commenter believed that this lack of information
was a significant data gap.
Service Response: East Bay Regional Park District biologists and
private consultants in 1990, 1993, and 1994 surveyed an estimated 95
percent of District properties that could contain California red-legged
frog habitat (Joseph DiDonato, East Bay Regional Park District, pers.
comm. and in litt., 1994; Karen Swaim, LSA Associates, Inc., in litt.,
1994). California red-legged frogs were found in 5 of 53 District
parks. Included in the survey results were 8 streams or drainages not
previously known to be inhabited by California red-legged frogs.
Comment: One commenter stated that the information on California
red-legged frog locations in Alameda County is probably not complete.
The commenter contended that California red-legged frogs are probably
not as rare in Alameda County as purported in the proposed rule.
Service Response: California red-legged frogs are known from 21
drainages in the county. Many other drainages in the county that have
been surveyed by the East Bay Regional Park District and LSA
Associates, Inc. harbor only bullfrogs. Of the 22 counties known to
support aggregations of California red-legged frogs, Alameda County
ranks ninth in total number of drainages supporting the taxon. Over
half of the known frog aggregations in the county, however, are
threatened by various factors including exotic predators, urban
development, off-road vehicles, and grazing. While it is possible that
some California red-legged frog locations have yet to be discovered,
the Service believes it is unlikely that California red-legged frogs
inhabit more than the 21 known drainages in Alameda County.
Comment: One commenter stated that the Service's data on locations
of California red-legged frogs does not match information contained in
the California Department of Fish and Game Natural Diversity Database
(NDDB).
Service Response: The researchers who petitioned the Service to
list this species and the Service have reviewed all data available from
the NDDB regarding locations of California red-legged frogs. The NDDB
currently contains approximately 122 records of California red-legged
frogs. The petitioners have determined current and historic range of
the taxon from 1,205 museum records and 250 records from other sources
coupled with extensive field checking of records. All locations
identified in the NDDB prior to 1992 were field checked by the
petitioners. All new locations identified in the NDDB from 1992 to the
present have been added to the Service's analysis of the current range
of the California red-legged frog. These additional records have not
appreciably extended the currently known range of the taxon.
Comment: Several commenters noted that the proposed rule indicated
uncertainty in biology, life cycle, habitat requirements, and predators
of the California red-legged frog, including identifying where frogs
overwinter, where post-metamorphic frogs feed, what larvae eat, and
site specific predators. The commenters believed that listing of the
taxon was not warranted until these data gaps were filled.
Service Response: The Service has relied on the best available
scientific and commercial data in making this listing determination.
The Service concurs that many aspects of the biology, predator-prey
interactions, and microhabitat requirements of the California red-
legged frog are not completely understood. This is true for most
species of wildlife, including common species that have been studied
extensively. Sufficient knowledge of the biology and habitat
requirements of the California red-legged frog exists to identify
suitable habitats for the taxon, and document population sizes,
threats, and its status over time. It is this latter information along
with the scientific and commercial information that is used in
determining whether or not to list a species under section 4(a) of the
Act. A complete understanding of the biology and microhabitat
requirements of a listed species are most important in the recovery
process. However, a significant delay in listing a species due to
large, long-term biological or ecological research efforts could
compromise the survival of the California red-legged frog.
Comment: Several commenters stated that the proposed rule cites
livestock grazing as a major factor in the decline of the California
red-legged frog, but fails to offer site-specific examples of habitat
degradation and ``take'' of the species as a result of grazing. One
commenter thought that the Service, therefore, could not restrict
grazing practices in any way if the species is listed.
Service Response: The proposed rule includes livestock grazing as
one of many factors affecting the California red-legged frog, and ranks
it as a contributing factor, rather than as a major factor. No site
specific studies have been done that document the decline and
disappearance of California red-legged frogs once grazing is introduced
into an area. Most evidence on the effects of grazing on the California
red-legged frog is circumstantial. However, extensive research has been
done on the effects of livestock grazing on the aquatic environment. As
stated in the proposed rule, the petitioners found that grazing
occurred at all historic sites known to support California red-legged
frogs in the Central Valley hydrologic basin. Combining this
information with information about the habitat preferences of the
California red-legged frog leads to the logical conclusion that
grazing, where it has dramatically altered California red-legged frog
habitat, has played a role in the decline of this taxon.
Comment: One commenter stated that the petition to list the
California red-legged frog relies heavily on personal observations,
personal communications, and unpublished data. Although the Service is
required to base listings on the ``best available data'', the commenter
believed that such information did not meet the definition of
scientific data because they would be impossible to verify. Three
commenters recommended that the proposed listing action be halted and a
comprehensive, unbiased scientific review of the status of the
California red-legged frog be initiated and published.
Service Response: The researchers who petitioned the Service to
list the California red-legged frog are acknowledged experts on this
taxon as evidenced by numerous peer reviewed publications on the
subject. The majority of the personal observations cited in the
petition refer to specific aspects of California red-legged frog
biology, which is relevant to the species' management, but less
important in determining species' status. Many of the references to
unpublished data in the petition refer to distribution and status
information that had been collected by the petitioners as part of their
ongoing research to follow the status of the California red-legged
frog. Much of their status information is supported by surveys
conducted by numerous other qualified herpetologists. The Service,
therefore, finds that the data presented by the petitioners are
credible and have been verified by other experts in the field.
Comment: Several commenters requested that prior to listing the
California red-legged frog, the Service quantify impacts to the various
life stages of the frog caused by storm damage repair, flood control
efforts, reservoir creation, diking and ditching,
[[Page 25818]]
regular road maintenance, disease, livestock grazing, off-road vehicle
use, timber harvest, predation by native and non-native predators,
competition, ultraviolet radiation, water quality, agricultural
practices, recreation, reproductive interference, drought, wildfires,
flooding, and natural population fluctuations.
Service Response: Section 4(a)(1) of the Act requires the Service
to evaluate threats to the species. The Service is unable to quantify
how each of the above individual threats has impacted the California
red-legged frog. Many threats work synergistically to cause population
declines. Thus, the effect of each threat cannot be quantified
separately. The above factors are believed to contribute to significant
population declines. Completing research in all these areas prior to
listing the California red-legged frog could seriously compromise its
survival because of lengthy time periods needed to quantify impacts.
Further research in these areas, however, would aid the Service in
future recovery actions for this species.
Comment: One commenter recommended that the Service delineate the
current range and habitat locations of the California red-legged frog
in San Joaquin County prior to listing.
Service Response: The Service has delineated the current range and
specific habitat locations of California red-legged frogs in San
Joaquin County. Two locations of the California red-legged frog occur
in San Joaquin County, both in western portions of the county. The
distribution map for the California red-legged frog includes all
portions of western San Joaquin County that lie on the east slope of
the coast range, west of Highway 580.
Comment: One commenter recommended that the Service quantify
California red-legged frog population numbers in lotic and lentic
habitat and establish management and recovery programs for each habitat
type prior to listing the taxon.
Service Response: A recovery plan will be prepared for the
California red-legged frog after the taxon is listed. Completion of the
above recommended research would be most appropriate during the
recovery process for the California red-legged frog.
Issue 2: Causes for California Red-Legged Frog Decline
Comment: Several commenters suggested that ultraviolet-B (UV-B)
radiation or estrogen mimics, which have been implicated in the current
observed worldwide decline in amphibians, may be significant causes of
observed declines in the range and numbers of California red-legged
frogs.
Service Response: The Service has reviewed the paper by Blaustein
et al. (1994) regarding the possible effect of UV-B radiation on the
eggs of three amphibian species, the Pacific treefrog (Pseudacris
regilla), western toad (Bufo boreas), and Cascade frog (Rana cascadae).
Our review focused on results reported for the Cascade frog, because
this species is most closely related to the California red-legged frog.
Results of tests on Cascade frog eggs from two sites showed mixed
results. One site showed that hatching success of R. cascadae was
greater under sunlight lacking UV-B than under unfiltered sunlight. At
the second site, however, the hatching success under UV-B blocking
filters was not significantly different from success under unfiltered
sunlight. Thus, these data do not present sufficient evidence of a
correlation between UV-B radiation and hatching success in the related
Cascade frog.
Because UV-B radiation would have greater adverse effects at higher
elevations, the Cascade frog, which is a higher elevation species than
the California red-legged frog, would be expected to be more severely
affected by UV-B radiation, if indeed this is an important factor.
Also, because the California red-legged frog attaches its egg masses to
aquatic vegetation and prefers aquatic habitats with overhanging
vegetation, the effects of UV-B radiation would be expected to be less
than for the Cascade frog, whose eggs are typically laid in shallow
open water (Nussbaum et al. 1983). In addition, the majority of the
observed decline in the California red-legged frog occurred prior to
the late 1970's, which is when noticeable declines in amphibian species
began in western North America (M. Jennings, pers. comm, 1994).
A number of recent studies address certain contaminants that
disrupt biological processes by mimicking the effects of naturally
produced hormones, such as the female hormone estrogen (Raloff 1994).
This phenomenon has been implicated in the recent worldwide decline in
amphibians. Several studies have been done on reptiles, including the
American alligator (Alligator mississippiensis) and red-eared slider
turtle (Pseudemys scripta elegans). To our knowledge, no studies have
been done on amphibians. The potential effects of estrogen mimics on
California red-legged frogs are unknown. In addition, the majority of
the observed decline in the California red-legged frog occurred prior
to the late 1970's, which is when noticeable declines in amphibian
species began in western North America (M. Jennings, pers. comm, 1994).
Comment: Several commenters stated that evidence suggesting
mosquitofish (Gambusia affinis) are significant predators of California
red-legged frog larvae is not strong. The commenters stated that
infrequent co-occurrence of fish and frogs does not explain potential
causation. Other factors may be involved in population decline
including microhabitat features of wetlands, which cannot be
successfully duplicated in a laboratory setting. Also in a natural
setting, the vulnerable stage for California red-legged frog tadpoles
(February through April) normally does not coincide with the time of
year when mosquitofish numbers are high. Microhabitat usage may not
overlap. The commenters pointed out that there are sites where
mosquitofish and California red-legged frogs coexist. One commenter
objected to the mosquitofish being included as a verified predator of
California red-legged frogs and especially as an organism more harmful
than introduced centrarchid fishes or bullfrogs.
Service Response: The Service is aware of only one study that has
indicated that in laboratory settings mosquitofish prey on the larvae
of California red-legged frogs (Schmieder and Nauman 1994). However,
there is a strong correlation between the absence of California red-
legged frogs and the presence of mosquitofish in the field. The Service
is aware of several sites where mosquitofish and California red-legged
frogs are currently coexisting. This evidence suggests that the
relationship between mosquitofish and California red-legged frogs is
complex. Additional research clearly is needed to more fully understand
how these two species interact. The final rule has been revised to
reflect current knowledge on this issue. The Service cannot determine
whether mosquitofish are harmful to California red-legged frogs.
Comment: Several commenters disagreed that mosquitofish could be
significant predators of California red-legged frogs. They cited
observations in mosquitofish ponds of mosquitofish numbers decreasing
as a result of infestations by bullfrogs. These commenters noted that
no predation of bullfrog tadpoles by mosquitofish was observed.
Service Response: Mosquitofish would not be expected to prey on
larval bullfrogs because of the apparent olfactory rejection
(unpalatability) of bullfrog larvae by predatory fish (Kruse and
Francis 1977). California red-legged
[[Page 25819]]
frogs lack this olfactory rejection effect, and, therefore, cannot be
compared to bullfrogs (Schmieder and Nauman 1994).
Comment: One commenter pointed out that widespread, large scale use
of mosquitofish in California began in the mid to late 1970's, and
therefore, could not be responsible for the extirpation of California
red-legged frogs from the Central Valley floor because frogs were
extirpated from this region before 1960.
Service Response: The Service concurs that mosquitofish were not a
major factor in the decline and disappearance of California red-legged
frogs from the Central Valley floor. The proposed and final rules point
to overharvest combined with the loss of over 3,800,000 acres of
wetlands as the major reasons for extirpation of California red-legged
frogs from the valley floor (Frayer, et al. 1989). However, significant
introductions of mosquitofish began in the Central Valley as early as
1922 (Moyle 1976). Thus it is possible that mosquitofish played a role
in the decline of California red-legged frogs on the Central Valley
floor.
Comment: Two commenters stated that mosquitofish are not
significant predators of California red-legged frogs because the two
species coexist in wetlands in Shasta and Colusa counties.
Service Response: California red-legged frogs were extirpated from
Shasta and Colusa counties before 1960 (Jennings et al. 1992).
Comment: Several commenters provided more specific or additional
information on threats to California red-legged frogs within their
current range. Several commenters provided information regarding
potential threats, including road kills, current harvesting of
California red-legged frogs for food, construction activities, and poor
management of flood control basins.
Service Response: These comments have been noted and included in
this final rule.
Comment: One commenter stated that massive predation by introduced
predators, not grazing, is in large part responsible for any observed
population declines in the California red-legged frog. Similarly,
another commenter stated that the decline and disappearance of
California red-legged frogs in the foothill portions of Madera, Fresno,
and Mariposa counties were due to dispersal of bullfrogs into stock
ponds, and not due to grazing. The commenter stated that California
red-legged frogs coexisted with grazing until about 1940, when
bullfrogs were introduced into the San Joaquin Valley.
Service Response: Of the identified threats facing the California
red-legged frog, introduced predators, including bullfrogs, are
considered to be a significant and widespread threat. Over 50 percent
of streams and drainages inhabited by California red-legged frogs are
known to support bullfrogs or other exotic predators in some portion of
that drainage. Grazing, however, can threaten the California red-legged
frog where grazing pressure results in dramatic changes in riparian and
wetland habitat. As discussed in this final rule, California red-legged
frogs generally prefer densely-shaded wetland habitats, whereas
bullfrogs prefer more open wetland habitats. Overgrazing in riparian
areas, therefore, exacerbates the threat of bullfrog expansion by
creating habitat bullfrogs prefer.
Comment: One commenter stated that profitable livestock operations
and high quality riparian habitat areas are not mutually exclusive. The
commenter points to Point Reyes National Seashore as an example of
where cattle grazing and California red-legged frogs successfully
coexist. The commenter stressed that livestock grazing is the only
economic activity in the region that provides large contiguous areas of
open space.
Service Response: The Service concurs that properly managed
livestock grazing can be compatible with preservation of California
red-legged frog populations. California red-legged frogs and cattle
grazing are able to coexist at Point Reyes National Seashore because
the National Park Service maintains tight control over grazing pressure
(Gary Fellers, National Biological Service, pers. comm., 1994). The
Service acknowledges that preservation and proper management of open
space, especially in riparian areas, is a fundamental requirement in
the survival and recovery of the California red-legged frog.
Comment: One commenter stated that the single most devastating
change in wildlife habitat in California in the last 200 years has been
urbanization. The commenter thought that the proposed rule had not
given this factor proper recognition, but instead condemned activities
such as livestock grazing.
Service Response: The proposed rule and this final rule do not
single out livestock grazing as the greatest threat to the California
red-legged frog, but instead discusses all factors known or likely to
threaten California red-legged frog populations. The proposed and final
rules list numerous proposed developments that threaten remaining
populations of California red-legged frogs. The Service believes
urbanization, as well as agriculture, have caused substantial changes
in wildlife habitat in California. This is especially the case in the
Central Valley, which historically was the stronghold of the California
red-legged frog.
Comment: Several commenters stated that climatic conditions (i.e.,
drought and above average rainfall events) were more to blame for
California red-legged frog declines than human activities, including
timber harvest and historic commercial harvest of the California red-
legged frog itself. One commenter noted that dramatic declines in
historic frog harvest information could indicate that the species is
subject to wide variation in population numbers due to climatic
conditions rather than an indication of overharvest. The commenter
requested that an historical survey of the variations in population
numbers due to climatic changes be undertaken prior to publication of a
final rule.
Service Response: The rule includes a discussion of natural
factors, such as drought and heavy rainfall events, that are known to
adversely affect California red-legged frog populations. It is
difficult to separate the effects of natural events from human
activities when attempting to determine the cause for a population's
decline in a particular area. A single factor is seldom the cause of
the decline of a species. Many of the factors discussed in the proposed
rule and this final rule work synergistically. Regardless of which
factors resulted in historic population declines, California red-legged
frog populations in the Central Valley and Sierra Nevada, in
particular, could not rebound from this decline because at the same
time their wetland and riparian habitat was being converted to
agricultural land and urban areas.
Populations of most species are cyclic in nature, responding to
such natural factors as weather events, disease, and predation. Natural
events, however, including long-term drought or extreme rainfall, have
less of a negative effect overall on a species when that species is
widely and continuously distributed. Where populations are small,
fragmented, or isolated by various human-related factors including
habitat loss, water development, and water diversion, these populations
are more vulnerable to extirpation by stochastic or random events and
cumulative effects.
It is likely that over time, California red-legged frogs
experienced wide variations in population size as a result of climatic
events. A historical survey dating back to the early 1900's focusing on
the variation in frog population
[[Page 25820]]
numbers due to climatic changes is not possible because no range wide
population information was collected on the California red-legged frog
dating back that far. If such data existed, conclusions drawn from such
an historical survey would be tenuous. The many adverse human factors
that have contributed to California red-legged frog population declines
since 1900 would cloud any analysis of the effects of drought or high
rainfall events.
Comment: One commenter disagreed with the conclusion that pre-1900
overharvesting of the California red-legged frog in the Central Valley
led to their decline. The commenter stated that other known historical
factors were not cited in the proposed rule.
Service Response: No studies were conducted in the late 1800's or
early 1900's documenting the cause or causes of declines in California
red-legged frog populations in the Central Valley. Extremely high
numbers of California red-legged frogs reported in the San Francisco
markets followed by a collapse of the market around the turn of the
century strongly suggests that commercial harvesting had a significant
effect on California red-legged frog numbers. The Central Valley, and
particularly the San Joaquin Valley, were reported at the time to be
prime habitat for the California red-legged frog. The proposed rule and
this final rule reported all known historical factors that may have
contributed to the decline of California red-legged frogs in the
Central Valley. Overharvesting was certainly not the only factor
impacting California red-legged frog populations. Conversion of over
3,800,000 acres of wetland and riparian habitats in the Central Valley
to agricultural land and urban areas began during the same period,
resulting in the elimination of California red-legged frogs from the
valley floor before 1960.
Comment: Several commenters stated that many of the urban
development projects referred to in the proposed rule in the Central
Coast region may or may not be constructed during the next 5 or 10
years.
Service Response: The Service recognizes that all projects proposed
are not necessarily completed. This may be due to lack of proper
permits necessary for construction, or interruption of planning
efforts. The fact that projects have been proposed presents a future
threat to California red-legged frog aggregations in the central coast
region, especially if these projects result in direct or indirect
riparian habitat degradation.
Comment: One commenter stated the proposed rule incorrectly
includes the Cambria Meadows drainage as an area where California red-
legged frog habitat has been directly degraded through stream
reductions to accommodate new urban growth.
Service Response: This final rule states that proposed urban and/or
recreational development could degrade or eliminate California red-
legged frog habitat in Cambria Meadows Creek.
Comment: One commenter thought that support of the proposed listing
appeared to rely heavily on conditions reported for the north coast of
San Luis Obispo County.
Service Response: Neither the proposed rule nor this final rule
rely heavily on conditions reported for the north coast of San Luis
Obispo County in determining the need to list the California red-legged
frog. San Luis Obispo County contains the third highest number of
drainages known to support California red-legged frogs. Although
California red-legged frog aggregations in streams in the county are
threatened by a variety of factors, many other counties have comparable
threats that are reported in the proposed and final rule.
Comment: Several commenters were concerned about the accuracy of
the conclusions drawn by Rathbun et al. (1991) as cited in the proposed
rule regarding the combined effects of water extraction and drought on
populations of California red-legged frogs in lower Santa Rosa Creek.
Numerous commenters presented data both to support and refute the
hypothesis that water extractions from Santa Rosa Creek have
significantly changed its hydrology.
Service Response: The Service recognizes that controversy exists
regarding the environmental effects of water extraction from Santa Rosa
Creek. The information and data presented by the many commenters on
this subject will be thoroughly reviewed by Service field biologists
during recovery planning efforts and when consulting on any proposed
projects that could adversely affect California red-legged frogs in
Santa Rosa Creek.
Ground water and surface water supplies in Santa Rosa Creek are
finite. Unchecked water extraction may exceed input and significantly
reduce the availability of riparian and aquatic habitat for California
red-legged frogs in the future. Drought accentuates the effect, and if
not considered in water planning, overallocation of stream flows and
overdraft of groundwater resources combined with long-term drought
could result in permanent elimination of California red-legged frogs
from all or a large part of the drainage.
Comment: Several commenters pointed out that although California
red-legged frogs were absent from lower Santa Rosa Creek during the
drought (Rathbun et al. 1991), red-legged frogs have been sighted in
recent years in the lower reaches of the creek, presumably because of
the above average rainfall in the winter of 1992-1993. California red-
legged frogs, which were known to inhabit upper reaches of the creek
during the drought years, were presumed to have traveled downstream to
reoccupy former habitat. One commenter suggested that the Service
should study an entire watershed prior to concluding that the
California red-legged frog is threatened in that watershed.
Service Response: The Service is aware that California red-legged
frogs occur in the upper reaches of Santa Rosa Creek. Santa Rosa Creek
is one of 32 drainages in San Luis Obispo County known to provide
habitat for the California red-legged frog. Neither the Service nor
Rathbun et al. (1991) have concluded that California red-legged frogs
have disappeared from Santa Rosa Creek. Rathbun et al. (1991) refers
only to conditions in the lower portions of the creek and lagoon.
The Service recognizes that the California red-legged frog is
capable of repopulating former habitat when rainfall returns. However,
other factors, including overallocation of water, may exacerbate the
effects of drought through loss of riparian habitat or increased
salinity in coastal lagoons. Where appropriate riparian or wetland
habitat is degraded over the long-term by these hydrologic
modifications, repopulation by California red-legged frogs in altered
portions of the drainage is not possible regardless of whether red-
legged frogs occur in upstream reaches. As portions of the drainage
become unsuitable habitat for California red-legged frogs, isolated
aggregations of frogs become more susceptible to stochastic extinction.
The Service is not basing this listing determination on the status of
the California red-legged frog in any one specific watershed, but
rather on the continuing population decline and threats to the
remainder of its range.
Comment: One commenter noted that California red-legged frogs
persist in upstream portions of Carmel River despite the fact that
bullfrogs are found in the lower river and two reservoirs. The
commenter felt that this evidence refuted the assertion that California
red-legged frog populations usually disappear from a drainage within 5
years after a reservoir is built.
[[Page 25821]]
Service Response: The proposed rule and this final rule state that
California red-legged frogs generally are extirpated from downstream
portions of a drainage 1 to 5 years after filling of a reservoir. Hayes
and Jennings (1988), which is cited as the source of this information,
does not present this cause and effect relationship as an absolute. The
authors state that this relationship depends on the size of the
drainage. In larger drainages, isolated populations can persist
upstream. This final rule has been revised to clarify this point.
Comment: One commenter thought that too much emphasis was given to
the negative impacts of salinity levels in coastal lagoons. Natural
overwash of salt water into coastal lagoons makes these areas
unreliable habitat for California red-legged frogs.
Service Response: The Service acknowledges that coastal lagoons
provide unreliable habitat for California red-legged frogs because of
natural salinity changes caused by wave overwash. However, large
populations of California red-legged frogs do occur in coastal lagoons,
with Pescadero Marsh supporting one of the largest remaining
populations. Therefore, the larger lagoon systems should not be
discounted. Overallocation of stream water resources intensifies the
effect of drought on coastal lagoon populations, which over the long-
term could result in changes in lagoon vegetation and hydrology that
are unfavorable to California red-legged frogs.
Comment: One commenter suggested that competition with tree frogs
and foothill yellow-legged frogs (Rana boylii) may be a contributing
factor in the decline of California red-legged frog.
Service Response: No evidence exists in the literature to support
the theory that competition between California red-legged frogs and
Pacific tree frogs or foothill yellow-legged frogs resulted in
California red-legged frog declines.
Issue 3: Economic and Environmental Effects of Listing
Comment: Several commenters stated that listing of the California
red-legged frog may act to limit or curtail existing uses of private
property, and therefore, a takings implication assessment should be
made prior to taking any final action.
Service Response: Regarding Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights, the Attorney General has issued guidelines to the Department of
the Interior (Department) on implementation of the Executive Order.
Under these guidelines, a special rule applies when an agency within
the Department is required by law to act without exercising its usual
discretion--that is, to act solely upon specified criteria that leave
the agency no discretion.
In this context, the Service might be subject to legal challenge if
it considered or acted upon economic data. In these cases, the Attorney
General's guidelines state that Takings Implications Assessments (TIAs)
shall be prepared after, rather than before, the agency makes the
decision upon which its discretion is restricted. The purpose of TIAs
in these special circumstances is to inform policy makers of areas
where unavoidable taking exposures exist. Such TIAs shall not be
considered in the making of administrative decisions that must, by law,
be made without regard to their economic impact. In enacting the Act,
Congress required the Department to list species based solely upon
scientific and commercial data indicating whether or not they are in
danger of extinction. The Act does not allow the Service to withhold a
listing based on concerns regarding economic impact. The provisions of
the guidelines relating to nondiscretionary actions clearly are
applicable to the determination of threatened status for the California
red-legged frog.
Comment: Several commenters expressed concern about an adverse
effect of listing the California red-legged frog on the economy.
Another commenter stated that the economic impact of listing the
California red-legged frog would be devastating to an already sluggish
State economy.
Service Response: Under section 4(b)(1)(A) of the Act, a listing
determination must be based solely on the best scientific and
commercial data available. The legislative history of this provision
clearly states the intent of Congress to ``ensure'' that listing
decisions are ``* * * based solely on biological criteria and to
prevent nonbiological considerations from affecting such decisions * *
*'' H. R. Rep. No. 97-835, 97th Cong., 2d Sess. 19 (1982). As further
stated in the legislative history, ``* * * economic considerations have
no relevance to determinations regarding the status of species * * *''
Id. at 20. Because the Service is specifically precluded from
considering economic impacts, either positive or negative, in a final
decision on a proposed listing, the Service need not evaluate or
consider the economic impacts of listing this species.
Comment: One commenter suggested that the researchers who
petitioned the Service to list this species were using the Endangered
Species Act as a method of furthering their personal agenda to remove
livestock from public and private rangeland.
Service Response: The Service is unaware that the researchers who
petitioned the Service to list the California red-legged frog have a
personal agenda to remove livestock from public and private rangeland.
Management of livestock on rangelands is one of many possible
alternatives available to address adverse effects of grazing on
California red-legged frog populations. For example, minor alterations
in management practices and fencing of key riparian areas are two
alternatives that preserve grazing opportunities while protecting
California red-legged frogs.
Comment: Numerous commenters stated that the Service should
consider the human health implications of eliminating the use of
mosquitofish, draining of wetlands, and insecticides to control
mosquitos.
Service Response: California red-legged frogs require still or
slow-moving water with dense emergent and overhanging riparian
vegetation for survival. Sites with these habitat attributes are often
at great distances from urban areas and are not regularly stocked with
mosquitofish or otherwise managed to control mosquitos. Therefore, at
the majority of remaining sites inhabited by California red-legged
frogs, mosquito control is not likely to be an issue. Where mosquitos
are an issue, other biological control methods are available and may be
more appropriate in California red-legged frog habitat. These methods
include application of several species of bacteria (Bacillus sp.), and
more recently, application of a fungus (Lagenidium giganteum), which
apparently attacks and kills only mosquitos. The Service is willing to
work with mosquito and vector control districts to minimize conflicts
between public health and the California red-legged frog.
The Service concludes that listing the California red-legged frog
as a threatened species is not likely to hinder efforts of any Mosquito
and Vector Control Districts to control mosquitos in California.
Comment: One commenter stated that cessation or curtailment of
water releases from reservoirs to accommodate the California red-legged
frog could adversely impact other species, including several species of
anadromous fish.
Service Response: If changes in reservoir release schedules are
needed, the Service, in conjunction with the California Department of
Fish and Game, will consider the needs of all
[[Page 25822]]
species that could be affected as recommendations are made.
Issue 4: Designation of Critical Habitat
Comment: Several commenters recommended that the Service designate
critical habitat for the California red-legged frog so that it would be
easier for interested parties to locate known and additional
populations of the species, and thus, contribute to an accurate
determination of the need for protection. One commenter recommended
designation of critical habitat as an additional way to protect
California red-legged frogs on private land. One commenter stated that
an economic analysis should be conducted prior to designating critical
habitat.
Service Response: The Service has determined that designation of
critical habitat for the California red-legged frog would be more
detrimental than beneficial to the species. Concern for the potential
``take'' of the species (as defined in the Act) through acts of
vandalism has been expressed by the petitioners and other parties (see
further discussion in ``Summary of Factors Affecting the Species''
(Factor B) and ``Critical Habitat'' sections, below). Revealing of the
precise locations of California red-legged frog habitat, as required
through critical habitat designation, would make the species more
vulnerable to vandalism and unauthorized takings. The Service has
determined that designation of critical habitat is not prudent for the
California red-legged frog, therefore, preparation of an economic
analysis is not required. However, the Service has identified recovery
units for the species.
Designation of critical habitat would not necessarily provide
additional protection for California red-legged frog aggregations on
private land. Critical habitat legally applies only to Federal lands or
activities on non-federal lands regulated, sponsored, or funded by a
Federal agency. For example, designation of critical habitat on private
grazing lands would not provide added protection against the impacts of
grazing on California red-legged frog habitat because there is no
federal nexus. Conversely, activities on private lands that are
authorized, funded or carried out by a Federal agency, such as permit
actions authorized under section 404 of the Clean Water Act, would
require consultation with the Service if the activity was expected to
adversely affect a Federally listed endangered or threatened species.
This would apply regardless of whether critical habitat was designated
or not.
Issue 5: National Environmental Policy Act
Comment: Several commenters stated that the proposal to list the
California red-legged frog requires preparation of an Environmental
Impact Statement (EIS) under the National Environmental Policy Act
(NEPA). Another commenter stated that an Environmental Assessment may
be necessary to determine the effects of the listing on other native
species, disease-producing organisms, and humans.
Service Response: The Service need not prepare environmental
assessments or environmental impacts statements pursuant to the
National Environmental Policy Act (NEPA) for reasons outlined in the
Federal Register on October 25, 1983 (48 FR 49244). Basically the
listing of a species is exempt as a matter of law from NEPA review.
Listing decisions are based on biological, not sociological or economic
considerations. This view was upheld in the court case Pacific Legal
Foundation v. Andrus, 657 F. 2d 829 (1981).
Issue 6: Alternate Listing Status Recommended
Comment: Several commenters recommended that the California red-
legged frog be listed as a threatened rather than an endangered species
in various watersheds because measures are already being taken through
Federal, State, and/or private efforts to protect California red-legged
frog habitat, or because the numbers of California red-legged frogs in
these watersheds are greater and the threats less than in other
watersheds within the California red-legged frog's distribution. One
commenter provided examples of specific streams including--(1) Sespe
Creek, where 31 miles within the Forest Service's Sespe Wilderness Area
have been designated as Wild and Scenic, and a portion of Sespe Creek
is included within the Sespe Condor Sanctuary; and (2) Piru Creek,
where flow releases have been modified to protect the Arroyo
southwestern toad (Bufo microscaphus californicus), an endangered
species.
Service Response: Additional information received during the public
comment period regarding new locations of California red-legged frogs
confirmed that the taxon is more widespread within its current range
than previously thought. The existence of 54 new drainage localities,
and some drainages with non-imminent threats, indicates that listing as
a threatened rather than an endangered species is presently more
appropriate for the California red-legged frog. The species is not now
in danger of extinction throughout all or a significant portion of its
range in the near future, however, evidence does indicate that it may
become endangered.
The Service acknowledges that a portion of Sespe Creek is
designated as ``Wild and Scenic'' under the Wild and Scenic River Act,
16 U.S.C. 1271 et seq., and that activities such as reservoir
development or channelization, may be prohibited in this area. The
Service also recognizes that the portion of the creek within the Sespe
Condor Sanctuary may be protected in certain ways. However, designation
as such does not eliminate all potential threats to the California red-
legged frog. For example, designation as Wild and Scenic does not
protect against invasion of bullfrogs or other exotic predators, which
are known to occur in other portions of Sespe Creek. Planned reservoir
development downstream of the Wild and Scenic portion of Sespe Creek
increases the likelihood that bullfrogs and introduced fishes could
disperse into upstream protected portions of the creek. Also, the Wild
and Scenic designation does not eliminate recreational uses of the
creek, including such activities as fishing, camping, mountain biking,
and horseback riding. The Sespe Creek portion of the Sespe Condor
Sanctuary is not closed to recreational use by the public.
On Piru Creek, studies suggest that modified water releases from
Lake Pyramid over the last four years have resulted in increased Arroyo
southwestern toad populations (Cat Brown, Fish and Wildlife Service,
pers. comm., 1994). No research has been conducted to document the
effect of these flow releases on California red-legged frogs.
Although the status of the California red-legged frog is not
uniform throughout its range, the overall picture is one of a
threatened species. Recovery planning and consultations under section 7
of the Act will take into account the status of the California red-
legged frog within recovery units of its range (see ``Available
Conservation Measures'' section).
Comment: One commenter from Santa Barbara County recommended that
the California red-legged frog be listed as a threatened species
because the current range of the California red-legged frog is broad
and includes most of its historic range. Another commenter thought that
the current range of the California red-legged frog, which is 300 miles
north to south, did not fit the definition of an endangered species.
Service Response: Section 3(20) of the Act defines a threatened
species as one which is likely to become an
[[Page 25823]]
endangered species within the foreseeable future throughout all or a
significant portion of its range. Although the current range of the
California red-legged frog encompasses less than 30 percent of its
historic distribution, new information received during the public
comment period suggests that California red-legged frogs are more
widespread within their current range than previously believed. For
this reason and the fact that 17 percent of the remaining drainages
occupied by frogs are not known to be imminently threatened, the
Service has concluded that the California red-legged frog more
appropriately meets the definition of a threatened species.
Comment: Several commenters requested that California red-legged
frogs in specific drainages of the Central Coast or the entire Central
Coast be exempt from endangered species status because California red-
legged frogs seem to be adequately managed in this area, have not shown
population declines, or have fewer exotic species problems.
Service Response: Section 3(16) the Act defines the term
``species'' to include any subspecies of fish, wildlife, or plants, and
any distinct population segment of any species of vertebrate fish or
wildlife that interbreeds when mature. California red-legged frog
aggregations in certain drainages of the central coast of California or
in the entire central coast region do not constitute distinct
vertebrate population segments. The Service cannot exclude these areas
and intends to list the taxon as threatened throughout its range.
Issue 7: Research and Education Needs
Comment: Several commenters recommended the following research
topics be explored in relation to conservation of the California red-
legged frog: (1) Seasonal utilization of patchy habitats for breeding,
refugia and estivation; (2) migration timing; (3) estivation timing;
(4) surveying methodology in marginal habitat; and (5) the effects of
pesticide and herbicide runoff.
Service Response: These comments have been noted and will be
considered during preparation of a recovery plan for the California
red-legged frog.
Comment: One commenter committed to assisting the Service with
cooperative research on mosquitofish/California red-legged frog
interactions.
Service Response: The Service concurs fully with the need for
further research in this area and acknowledges the commenter's
commitment to this effort.
Comment: One commenter asked if a program could be developed that
would allow for variable treatment/management of California red-legged
frog habitat that was found to produce significant numbers of
mosquitoes.
Service Response: Because California red-legged frog habitat is
variable, it is likely that management programs for mosquitoes will
also be variable and depend on the situation under review. Research
into the effects of various methods of mosquito control on California
red-legged frogs should aid the Service in any recovery planning
undertaken for the taxon.
Comment: One commenter recommended a number of ways to educate the
general public regarding listed species and elicit their support,
including publishing information in trade journals, posting signs at
storm drains to discourage dumping of contaminants, reevaluating the
need for channelized creeks, educating the public regarding the effects
of bullfrogs on native amphibians, teaching classes in grade schools,
starting riparian revegetation projects, and encouraging participati
FR Doc. 96-12901 Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the California Red-Legged Frog
on
of landowners by providing incentives.
Service Response: The comments have been noted. The Service
welcomes recommendations from the public on how to further the purposes
of the Endangered Species Act. The Service has implemented many of
these recommendations in regard to other listed species and will give
them due consideration in public education programs related to recovery
of the California red-legged frog.
Issue 8: Systematic Relationships Between Red-legged Frog
Subspecies
Comment: Several commenters questioned the Service's exclusion of
the intergrade zone between the northern red-legged frog (Rana aurora
aurora) and the California red-legged frog (Rana aurora draytonii) in
northwestern California. They argued that this segment of the
subspecies' range does not constitute a distinct population segment
and, therefore, cannot be excluded from the listing package. One
commenter suggested that the Service excluded this segment of the
subspecies' range to make the subspecies distribution seem smaller and
in greater need of protection.
Another commenter suggested that the two subspecies are actually
different populations of the same species displaying morphological
differences due to climatic and habitat variations. In this case, the
population numbers and distribution of the species would be much
greater and the need for listing nonexistent.
Service Response: The California red-legged frog is a recognized
subspecies of the red-legged frog (Storer 1925, Cochran 1961, Stebbins
1985). As discussed in the background section of this rule, the range
of the California red-legged frog is the vicinity of Point Reyes
National Seashore, Marin County, California, coastally and from the
vicinity of Redding, Shasta County, California, inland southward to
northwestern Baja California, Mexico (Jennings and Hayes 1985, Hayes
and Krempels 1986). Red-legged frogs found in the intergrade zone from
northern Marin County to southern Del Norte County are not considered a
population segment of the California red-legged frog. At this time,
researchers have not assigned the intergrade zone to either subspecies.
Among other differences, red-legged frogs within the intergrade
zone are distinct morphologically from either subspecies of Rana
aurora. The California red-legged frog possesses paired vocal sacs
whereas the northern red-legged frog lacks vocal sacs. Most red-legged
frogs found in the intergrade zone from northern Marin County to
southern Del Norte County possess only one vocal sac. Based on this
pronounced morphological difference in red-legged frogs in the
intergrade zone, some researchers have concluded that the California
and northern red-legged frogs may be two distinct species, and that the
intergrade zone represents a zone of secondary contact or hybridization
between the two species (Hayes and Krempels 1986). Genetic research has
been proposed to clarify systematic relationships (i.e., to determine
if R. a. aurora and R. a. draytonii should be classified as two species
or should remain as subspecies) and allow a more precise identification
of the northern limits of the geographic distribution of the California
red-legged frog (Jennings et al. 1992). In addition, habitat within the
majority of the intergrade zone (moist evergreen/hardwood forest) is
more indicative of habitat preferred by the northern red-legged frog.
Thus, if the Service were to assign the intergrade zone to either
subspecies based on habitat preference alone, the intergrade zone would
be more appropriately placed within the range of the northern red-
legged frog.
Comment: One commenter noted that the California Academy of
Sciences has 66 specimens identified as Rana aurora draytonii that were
collected from Redwood National Park in Humboldt County between 1911
and 1940. The commenter stated that more specific identification of
herpetological subspecies would be needed to
[[Page 25824]]
determine the boundary of California red-legged frogs as far north as
Del Norte County.
Service Response: The specimens referred to by the commenter were
identified as R. a. draytonii in the 1940's based on size, skin
characteristics, and prominence of dorsolateral folds as described by
Camp (1917). More recent research (see Hayes and Miyamoto 1984, Hayes
and Krempels 1986), has identified vocal sac condition as a distinct
morphological characteristic differentiating the two subspecies. Using
these new findings, the researchers who petitioned the Service to list
the species have reviewed the specimens in question and found that they
should have been identified as intergrades between R. a. aurora and R.
a. draytonii. As discussed above, research currently underway is
designed to further refine the northern boundary of the California
subspecies' range.
Comment: Another commenter suggested that the listing package
should only consider red-legged frogs at the species level, and,
therefore, if red-legged frogs were temporarily eliminated from some
part of their range in California, frogs from other areas would
recolonize suitable habitat.
Service Response: Section 3(15) of the Endangered Species Act
defines a species to include ``any subspecies of fish or wildlife or
plants* * *''. Therefore, listing of a recognized subspecies is
authorized in the Act.
The ability of red-legged frogs to migrate from one drainage to
another would be dependent upon the distance, topography and habitat
type through which the frogs would be required to migrate. Considering
the Mediterranean climate in California, with its seasonal dryness, it
is unlikely that red-legged frogs could very successfully migrate long
distances to repopulate formerly occupied habitat.
Issue 9: Existing Regulatory Mechanisms
Comment: Several commenters believed that existing regulations
(i.e., Clean Water Act, California Environmental Quality Act) and
monitoring by several Federal agencies are providing adequate
protection for the California red-legged frog, and, therefore, listing
is not needed.
Service Response: The Service believes that existing regulatory
mechanisms do not currently provide adequate protection for the
California red-legged frog. A discussion of existing regulations can be
found below in Factor D of the ``Summary of Factors Affecting the
Species'' section and the ``Available Conservation Measures'' section.
Issue 10: Miscellaneous
Comment: One commenter pointed out that the Cambria Community
Services District acts responsibly in protecting Santa Rosa and San
Simeon Creek, including reductions in pumping during drought periods,
promoting retrofit programs to reduce water usage, research into
desalination alternatives and reverse osmosis treatment of wastewater,
and approval of riparian habitat improvements.
Service Response: The Service acknowledges the District's efforts
to protect stream flows and the natural environment of Santa Rosa and
San Simeon Creeks. However, the Service has identified threats in these
drainages and other drainages as well.
Comment: One commenter indicated that mosquito abatement districts
have modified their mosquitofish planning protocol to carefully
consider the introduction of mosquitofish in areas inhabited by listed
species.
Service Response: The Service acknowledges the program
modifications made by many mosquito abatement districts to protect
listed species and their habitat.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that the California red-legged
frog should be listed as a threatened species. Procedures found at
section 4 of the Act (16 U.S.C. 1533 et seq.) and regulations (50 CFR
Part 424) promulgated to implement the listing provisions of the Act
were followed. A species may be determined to be an endangered or
threatened species due to one or more of the five factors described in
section 4(a)(1). These factors and their application to the California
red-legged frog (Rana aurora draytonii) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Herpetologists have noted the
decline or extirpation of California red-legged frogs from the San
Francisco Bay area (Sean J. Barry, University of California, Davis, in
litt., 1992; Robert C. Stebbins, University of California, Berkeley, in
litt., 1993; John S. Applegarth, herpetologist, in litt., 1993; Ed Ely,
herpetologist, in litt., 1993), the Salinas River drainage (Lawrence E.
Hunt, University of California, Santa Barbara, in litt., 1993), the San
Luis Obispo, Santa Barbara, and Ventura County area (Aryan I. Roest,
California Polytechnic State University, San Luis Obispo, in litt.,
1993; Samuel S. Sweet, University of California, Santa Barbara, in
litt., 1993), southern California (Patrick McMonagle, herpetologist, in
litt., 1993; John D. Goodman, zoologist, in litt., 1992; Robert B.
Sanders, San Bernardino County Museum, in litt., 1992; John Stephenson,
U.S. Forest Service, in litt., 1993; Michael C. Long, Eaton Canyon Park
Nature Center, in litt., 1992; Joseph F. Copp, herpetologist, in litt.,
1993; Glenn R. Stewart, California Polytechnic University, Pomona, in
litt., 1993; Robert Fisher, University of California, Davis, in litt.,
1993), central California (Martin R. Brittan, California State
University, Sacramento, in litt., 1993), and the northern and southern
Sierra Nevada foothills (Jay Wright, Feather River College, Quincy, in
litt., 1993; Alan M. McCready, California State University, Sacramento,
in litt., 1992).
These observations from herpetologists and data provided by the
researchers who petitioned the Service to list the species indicate
that the California red-legged frog has sustained a reduction of over
70 percent in its historic geographic range in California. Large
aggregations of greater than 350 adults have been documented from only
four areas. These areas included Pescadero Marsh Natural Preserve in
coastal San Mateo County, Point Reyes National Seashore in Marin
County, canals west of San Francisco International Airport in the San
Francisco Bay area (Jennings et al. 1992), and Rancho San Carlos in
Monterey County (Jeff Froke, Rancho San Carlos, in litt., 1994). The
aggregation west of San Francisco International Airport is now thought
to be extirpated (U.S. Fish and Wildlife Service, 1995; David Mullen,
private consultant, pers. comm., 1994).
Habitat loss and alteration are the primary factors that have
negatively affected the California red-legged frog throughout its
range. For example, in the Central Valley of California, over 90
percent of historic wetlands have been diked, drained, or filled
primarily for agricultural development and secondarily for urban
development (U.S. Fish and Wildlife Service, 1978). Wetland
alterations, clearing of vegetation, and water diversions that often
accompany agricultural development make aquatic sites unsuitable for
California red-legged frogs. Urbanization with its associated roadway,
stream channelization, and large reservoir construction projects has
significantly altered or eliminated California red-legged frog habitat,
with the greatest impact occurring in
[[Page 25825]]
southern California. The majority of extant localities are isolated and
fragmented remnants of larger historical populations.
Current and future urbanization poses a significant threat to the
California red-legged frog. Sixty-five drainages (27 percent of the
known occurrences) are associated with urbanization threats (U.S. Fish
and Wildlife Service, 1995). Proposed urban developments include the
East County Area Plan in Alameda County, which involves development of
up to 52,000 acres, and projects currently proposed in the Ruby Hills/
Arroyo Del Valle watershed and south Livermore Valley; Reservoir Canyon
ponds in Santa Clara County; Alamo, Shadow, and Brookside Creeks in
Contra Costa County; the Carmel River in Monterey County; and the Santa
Ynez River in Santa Barbara County. In Santa Cruz County, a proposed
commuter rail project linking Santa Cruz to Watsonville could increase
urban development in southern portions of the county (Patricia O'Keefe,
R.A.I.L.S., in litt., 1994). In San Luis Obispo County, one of three
counties with numerous drainages supporting California red-legged
frogs, proposed residential and/or recreational development adjacent to
San Simeon, Santa Rosa, San Juan, and Cambria Meadows Creeks and
Estrella and Salinas Rivers could degrade or eliminate California red-
legged frog habitat. Updates to area plans for the North Coast, San
Luis Obispo, and Paso Robles/Atascadero areas in San Luis Obispo County
propose rezoning of over 240,000 acres primarily for urban development.
Between the cities of Ventura and San Luis Obispo, development already
has eliminated California red-legged frogs from at least eight
drainages along the coast (G. Rathbun and M. Jennings, in litt., 1993).
Loss of habitat and decreases in habitat quality will occur as a
result of on-site degradation of the stream environment and/or riparian
corridor, or through modification of instream flow. Where streams or
wetlands occur in urban areas, the quality of California red-legged
frog habitat is degraded by a variety of factors. Among these factors
are introduction of exotic predators, elimination of streambank
vegetation, collecting, and loss of upland habitat.
Water projects, which accompany urban and agricultural growth, have
had a negative effect on California red-legged frogs and their habitat.
The construction of large reservoirs, such as Lake Oroville,
Whiskeytown Reservoir, Don Pedro Reservoir, Lake Berryessa, San Luis
Reservoir, Lake Silverwood, Lake Piru, Pyramid Lake, and Lower Otay
Lake, have eliminated California red-legged frog habitat or fragmented
remaining aggregations (Jennings et al,. 1992).
The timing and duration of water releases from reservoirs,
particularly on the central California coast, can render a stream
unsuitable for California red-legged frog reproduction (M. Jennings, in
litt., 1993) and maintain populations of exotic predators in downstream
areas that would normally be dry in summer (S. Sweet, in litt., 1993).
Reservoirs are typically stocked with predatory species of fish and
bullfrogs. These species often disperse into surrounding California
red-legged frog habitat disrupting natural community dynamics. Hayes
and Jennings (1988) found that California red-legged frogs generally
were extirpated from downstream portions of a drainage 1 to 5 years
after filling of a reservoir. In some larger drainages, however,
isolated California red-legged frog populations have persisted
upstream. A discussion of exotic predators appears below in Factor C:
``Disease or predation.''
A variety of proposed water projects threaten remaining California
red-legged frog aggregations. Construction of major reservoirs is
proposed on Los Banos Creek (Merced County), with Orestimba Creek
(Stanislaus County) as an alternative reservoir site (California
Department of Water Resources and the U.S. Bureau of Reclamation,
1990), and on Kellogg Creek (Contra Costa County) (Contra Costa Water
District, 1993). These drainages represent three of 14 sites remaining
in the Central Valley hydrographic basin with known or potential
localities of California red-legged frogs. On the Salinas River along
the central coast, raising the height of Salinas Dam (Santa Margarita
Lake) is proposed in San Luis Obispo County. Reservoir construction at
this site may allow exotic predators access to formerly secure
aggregations of California red-legged frogs isolated in upper portions
of the watershed (L. Hunt, in litt., 1993). Other large reservoir
projects proposed in California red-legged frog habitat include the
Upper Nacimiento River Project and Arroyo Seco Dam Project in Monterey
County. In Santa Barbara and Ventura counties, proposed dams on the
Santa Ynez River, Sisquoc River, and Sespe Creek also would eliminate
or degrade California red-legged frog habitat (Sam Sweet, pers. comm.,
1993).
Water diversions, groundwater well development, and stock pond or
small reservoir construction projects degrade or eliminate habitat.
Diverting water from natural habitats to these projects disrupts the
natural hydrologic regime. During periods of drought, reduced
availability of water within natural drainages combined with drawdown
from the impoundments, disrupts reproduction, foraging, estivation and
dispersal (U.S. Fish and Wildlife Service, 1995) (see Factor E, ``Other
natural or man-made factors affecting its continued existence'' below
for additional discussion of the effects of drought). Proposed or
existing water diversions on the central coast potentially affect the
following drainages: San Simeon, Santa Rosa, Van Gordon, Villa, San
Luis Obispo, Pico, and Little Pico Creeks, Arroyo del Puerta, and
Arroyo Laguna in San Luis Obispo County; the Carmel and Salinas Rivers
in Monterey County; and Canada del Refugio in Santa Barbara County.
Most waterways on the south coast of Santa Barbara County are diverted
to agriculture and other uses, leaving some completely desiccated
(Brian Trautwein, Santa Barbara Urban Creeks Council, in litt., 1994).
Stock ponds and small reservoirs also support populations of exotic
fishes and bullfrogs (G. Rathbun and M. Jennings, in litt., 1993). The
proposed coastal branch of the State Water Project is likely to result
in a number of adverse effects to California red-legged frogs in many
of the 24 areas receiving State water. These effects include, (1)
altered water regimes in existing and any proposed delivery facilities
of individual water districts, (2) spills, leaks, malfunctions, and
operational errors that lead to introduction of exotic predators into
isolated stream segments currently occupied by California red-legged
frogs, and (3) indirect effects associated with expanded urbanization.
Storm damage repair and flood control maintenance on streams are
current threats to California red-legged frogs. Routine flood control
maintenance includes vegetation removal, herbicide spraying, shaping of
banks to control erosion, and desilting of the creek, all of which
degrade California red-legged frog habitat. In San Luis Obispo and
Santa Barbara counties, maintenance work is planned for 14 and 11
drainages, respectively. All 25 drainages are known to be inhabited by
California red-legged frogs and represent 35 percent of the occupied
drainages in these two counties (U.S. Fish and Wildlife Service 1995).
In Santa Barbara County, a larger channel maintenance project is
proposed for a 4.5-mile stretch of the Santa Ynez River near Lompoc and
a 10-mile segment of San Antonio Creek, both of which support
California red-legged frog habitat.
Management of water bodies for flood control also has the potential
to adversely impact California red-legged
[[Page 25826]]
frog localities. In San Mateo County, poorly timed releases of storm
water from Horse Stable Pond at Sharp Park in February 1992, resulted
in exposure and desiccation of 62 California red-legged frog egg masses
(Todd Steiner, Earth Island Institute, in litt., 1994). Channel
maintenance at San Francisco International Airport may have contributed
to extirpation of one of the four largest remaining aggregations of the
California red-legged frog.
Routine road maintenance, trail development, and facilities
construction activities associated with parks in or adjacent to
California red-legged frog habitat can result in increased siltation in
the stream. If this siltation occurs during the breeding season,
asphyxiation of eggs and small California red-legged frog larvae can
result. On the upper Santa Ynez River and Sespe Creek in Los Padres
National Forest, Sweet (pers. comm., 1993) observed California red-
legged frog egg masses smothered with silt. Construction activities in
or adjacent to streams at Butano and Portola State Parks in San Mateo
County; Big Basin, Wilder Ranch, and Henry Cowell State Parks in Santa
Cruz County; and Mt. Diablo State Park in Contra Costa County have the
potential to adversely affect California red-legged frogs inhabiting
downstream reaches (Coyote Creek Riparian Station, in litt., 1993).
Placer mining may threaten California red-legged frog habitat.
Jennings (pers. comm., 1994) observed heavy siltation in late spring
and summer in portions of Piru Creek known to support California red-
legged frogs. The siltation resulted from upstream gold mining. Deep
holes in streams created by instream placer mining also may provide
habitat for exotic predatory fish (Jennings, pers. comm., 1994).
Creeks, streams and rivers are open to suction dredging throughout the
year in 13 of 22 counties within the current range of the California
red-legged frog (State of California 1994).
Road-killed California red-legged frogs have been documented at
several locations in San Mateo and Santa Cruz Counties (Coyote Creek
Riparian Station, in litt., 1993; Mike Westphal, Coyote Creek Riparian
Station, in litt., 1995). Road kills may deplete frog aggregations in
borderline habitat and otherwise protected areas. Where roads cross or
lie adjacent to California red-legged frog habitat, they may act as
barriers to seasonal movement and dispersal.
Livestock grazing is another form of habitat alteration that is
contributing to declines in the California red-legged frog. Numerous
studies, summarized in Behnke and Raleigh (1978) and Kauffman and
Krueger (1984), have shown that livestock grazing negatively affects
riparian habitat. Cattle have an adverse affect on riparian and other
wetland habitats because they tend to concentrate in these areas,
particularly during the dry season (Marlow and Pogacnik 1985). Cattle
trample and eat emergent and riparian vegetation, often eliminating or
severely reducing plant cover (Gunderson 1968, Duff 1979). Loss of
riparian vegetation results in increased water temperatures (Van Velson
1979), which encourage bullfrog reproduction. Riparian vegetation loss
due to cattle grazing includes the loss of willows (Duff 1979), which
are associated with the highest densities of California red-legged
frogs (Hayes and Jennings 1988, Jennings 1988b). Cattle grazing also
results in increased erosion in the watershed (Lusby 1970, Winegar
1977), which accelerates the sedimentation of deep pools (Gunderson
1968) used by California red-legged frogs and adversely affects aquatic
invertebrates (Cordone and Kelley 1961). Aquatic invertebrates are
common prey items of California red-legged frogs.
Behnke and Zarn (1976) identified livestock grazing as the greatest
threat to the integrity of stream habitat in the western United States.
Numerous symposia and publications have documented the detrimental
effects of livestock grazing on streams and riparian habitats (Johnson
and Jones 1977; Meehan and Platts 1978; Behnke and Raleigh 1979; Bowers
et al. 1979; Cope 1979; Platts 1981; Ohmart and Anderson 1982 and 1986;
Peek and Dalke 1982; Kauffman et al. 1983; Menke 1983; Kauffman and
Krueger 1984; Johnson et al. 1985; GAO 1988; Clary and Webster 1989;
Gresswell et al. 1989; Kinch 1989; Minshall et al. 1989; Chaney et al.
1990 and 1993). These effects include nutrient loading, reduction of
shade and cover with resultant increases in water temperature,
increased intermittent flows, changes in stream channel morphology, and
the addition of sediment due to bank degradation and off-site soil
erosion. Indirect effects of increased water temperatures can be lethal
to aquatic species and include: creating a more favorable environment
for introduced species, changing the food chain, degrading water
quality through decreased dissolved oxygen, increased production of
algae, and increased pH and ammonia.
Various studies have shown that water temperatures have been
reduced when streambank vegetative cover is protected from grazing.
Storch (1979) found that daily fluctuations of water temperatures in
late August and early September averaged 27 deg. F outside an exclosure
on Camp Creek, Oregon that was ungrazed for 10 years, compared to
13 deg. F inside the exclosure. Also, maximum water temperatures
outside the exclosure averaged 11 deg. F higher than inside the
exclosure. Van Velson (1979) reported that average water temperatures
in Otter Creek, Nebraska, decreased 3 deg. F after livestock were
excluded for 1 year.
Grazing effects are not limited to riparian areas. Improper grazing
of upland vegetation can expose soils to erosive impacts of rain drops,
reduce water infiltration, and accelerate runoff. This can erode
topsoil and cut rills and gullies, concentrating runoff, deepening
gullies, lowering water tables, and increasing sediment production
(Chaney et al. 1993). Sediment introduced into streams can alter
primary productivity and food supply, fill interstitial spaces in
stream bed material, impeding water flow, reducing dissolved oxygen
levels, and restricting waste removal (Chapman 1988). Suspended
sediments reduce light penetration to plants and reduce oxygen carrying
capacity of the water (Ohmart and Anderson 1982). Reduction in
photosynthesis and primary production decreases productivity of the
entire ecosystem (Minshall et al. 1989).
Livestock grazing can cause a nutrient loading problem (due to
urination and defecation) in areas where cattle are concentrated near
the water (Doran et al. 1981), but in other areas it can reduce
nutrients through removal of riparian vegetation (Fisher 1972).
Riparian vegetation provides organic material for approximately 50
percent of a stream's nutrient energy (Cummins 1974). Detritus from
such plants is a principal source of food for aquatic invertebrates
(Minshall 1967; Meehan et al. 1977). Streamside vegetation also
provides habitat for terrestrial insects, another important dietary
component for other aquatic or riparian associated species.
Jennings et al. (1992) found livestock grazing to occur at all
known historic locations of the California red-legged frog in the
Central Valley hydrographic basin. Livestock grazing also has been
implicated as a contributing factor in the decline and disappearance of
California red-legged frogs from the lower Salinas River (L. Hunt, in
litt., 1993) and the San Francisco peninsula (S. Barry, in litt.,
1992). Two of the 14 remaining aggregations of California red-legged
frogs in the Central Valley hydrographic basin (Corral Hollow
Ecological Reserve and Frank Raines Regional Park) are threatened by
[[Page 25827]]
sedimentation of aquatic habitats either directly or indirectly caused
by livestock grazing and off-road vehicle use (Jennings et al. 1992).
Galen Rathbun (National Biological Service, pers. comm., 1993) reports
that grazing is adversely altering California red-legged frog habitat
on Pico, Van Gordon, San Simeon, Santa Rosa, Cambria Meadows, and
Cayucos Creeks in San Luis Obispo County. Grazing practices can,
however, be modified to minimize impacts to California red-legged
frogs. Five-fold increases in California red-legged frog populations on
Rancho San Carlos in Monterey County may be attributable in part to
modifications of grazing programs (J. Froke, in litt., 1994).
In addition to cattle, feral pigs (Sus scrofa) also disturb the
riparian zone through their rooting, wallowing and foraging behavior in
the shallow margins of water bodies. Feral pigs disturb and destroy
vegetative cover, trample plants and seedlings, and cause erosion. At
Pinnacles National Monument, soil compaction and possible disturbance
of frog eggs caused by feral pigs have been noted in California red-
legged frog habitat (Stanley Albright, National Park Service, in litt.,
1994).
Off-road vehicle use adversely affects California red-legged frogs
in ways similar to livestock grazing and feral pig disturbance. Off-
road vehicles damage riparian vegetation, increase siltation in pools,
disturb the water in stream channels and crush eggs, larvae, juveniles,
and adults. California red-legged frogs were eliminated in part by off-
road vehicle activities at the Mojave River above Hesperia, at Rincon
Station on the west fork of the San Gabriel River, and in Piru Creek
above Pyramid Lake (M. Jennings, pers. comm., 1993).
Heavy recreational use of parks (e.g., fishing, hiking, exploring)
also can degrade habitat for the California red-legged frog. At Big
Basin Redwood Park in Santa Cruz County, heavy recreational use may
have contributed to the disappearance of California red-legged frogs
from Opal Creek (Coyote Creek Riparian Station, in litt., 1993).
Timber harvest threatens California red-legged frogs through loss
of riparian vegetation and increased erosion in the watershed, which
fills pools with sediment and smothers egg masses. In Santa Cruz
County, timber harvest is proposed adjacent to Adams Creek (Celia
Scott, private citizen, pers. comm., 1993), Whitehouse Creek (U.S. Fish
and Wildlife Service 1995) and occurs periodically on a tributary of
Blooms Creek (Coyote Creek Riparian Station, in litt., 1993). The
proposed timber harvests would occur in three of 18 streams in the
County that support California red-legged frogs. In Pescadero Creek at
Portola State Park (San Mateo County), erosion and siltation caused by
severe winter storms and upstream logging operations may have been the
cause of the disappearance of California red-legged frogs from this
portion of the stream (Coyote Creek Riparian Station, in litt., 1993).
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Records of harvesting California red-legged frogs
for human consumption date back to an account by Lockington (1879) of
the commercial harvest of this species for San Francisco fish markets.
From 1890 to 1900, the California red-legged frog supported a
significant commercial harvest (Smith 1895) of about 80,000 frogs
annually (Jennings and Hayes 1984). Counties surrounding San Francisco
Bay provided the bulk of the frog harvest in the early to mid 1890s,
with the Sacramento and San Joaquin Valleys increasing in importance by
the end of the decade (Chamberlain 1898, Jennings and Hayes 1985). By
1900, harvest figures for California red-legged frogs fell
dramatically, indicating that overharvesting may have occurred.
Jennings and Hayes (1985) hypothesized that this rapid decline in the
California red-legged frog population was the result of selective
harvesting of the larger females. Introduction of the bullfrog in
California in 1896 was probably in response to the dwindling California
red-legged frog population (Jennings and Hayes 1985). Continued
harvesting of California red-legged frogs for food by local individuals
has been reported for the Central Coast region (Coyote Creek Riparian
Station, in litt., 1993). California red-legged frogs reportedly taste
better than bullfrogs, a statement first made by Dickerson (1906).
Prior to 1950, California red-legged frogs were used sporadically
for research in high schools and universities. At present, the
California red-legged frog is available commercially from suppliers
located outside California in the pet trade. Because the State of
California prohibits possession of wild California red-legged frogs
without a permit, frogs sold in the pet trade presumably are reared in
captivity (M. Jennings, pers. comm., 1993).
C. Disease or predation. There have been no documented instances of
disease adversely affecting the California red-legged frog.
Few data are available on the effect of native predators on the
California red-legged frog. Bitterns (Botaurus lentiginosus) and black-
crowned night herons (Nycticorax nycticorax) are likely predators of
adult frogs (Jennings and Hayes 1990). Juvenile California red-legged
frogs, which are more active diurnally and less wary than adults, may
be more susceptible to predation by diurnal predators, such as the
great blue heron (Ardea herodias) and several species of garter snakes
(Thamnophis spp.) (Fitch 1940, Fox 1952), including the endangered San
Francisco garter snake (Thamnophis sirtalis tetrataenia) (Barry 1978,
Wharton et al. 1986). Recent postmetamorphs also may be particularly
vulnerable to predation by garter snakes, as was found in other species
of ranid frogs by Arnold and Wassersug (1978). Raccoons (Procyon
lotor), which are abundant in urban settings, were the likely predator
of eight radio-tagged California red-legged frogs in the riparian
corridor of Pico and San Simeon Creeks in San Luis Obispo County
(Rathbun, in litt., 1994). Other possible, but undocumented mammalian
predators include striped skunks (Mephitis mephitis), spotted skunks
(Spilogale putorius), and red fox (Vulpes fulva). Larvae may be preyed
upon by aquatic beetles and damsel fly naiads (Karl Malamud-Roam,
Contra Costa County Mosquito and Vector Control District, in litt.,
1994).
Introduced predators of particular concern are the bullfrog, red
swamp crayfish (Procambarus clarkii), signal crayfish (Pacifastacus
leniusculus), and several species of fish, including bass, catfish
(Ictalurus spp.), sunfish, and mosquitofish (Moyle 1973; Hayes and
Jennings 1986, 1988). All species were introduced into California in
the late 1800s and early 1900s, and through range expansions,
reintroductions, and transplants have become established throughout
most of the State (Riegel 1959, Bury and Luckenbach 1976, Moyle 1976).
Several researchers in central California have noted the decline
and eventual disappearance of California red-legged frogs once
bullfrogs become established at the same site (L. Hunt, in litt, 1993;
S. Barry, in litt., 1992; S. Sweet, in litt., 1993). Joseph DiDonato
(East Bay Regional Park District, pers. comm., 1994) has observed the
disappearance of California red-legged frogs from Pleasanton Ridge in
Alameda County within the last ten years. Today, all former California
red-legged frog habitat on Pleasanton Ridge is occupied by bullfrogs.
Moyle (1973) attributed the disappearance of California red-legged
frogs from the San Joaquin Valley and Sierran foothill region primarily
to a combination of bullfrog predation and
[[Page 25828]]
competition. All sites in the Sierra Nevada foothills that supported
California red-legged frogs in the 1970s now are inhabited by bullfrogs
(M. Jennings, in litt., 1993). Over the last decade, Jennings (in
litt., 1993) has observed bullfrogs moving upstream and/or downstream
into formerly pristine California red-legged frog habitat in a number
of drainages, including streams in Ventura, Santa Barbara, San Luis
Obispo, Merced, Stanislaus, and San Mateo counties. Bullfrogs are
introduced into drainages by stocking of reservoirs and stock ponds,
dispersal and colonization, conveyance of project water from other
streams inhabited by these exotics, and releases by individuals. At The
Nature Conservancy's Santa Rosa Plateau Reserve in Riverside County
(the only site south of the Santa Clara River drainage supporting
California red-legged frogs), a docent found a school teacher
attempting to introduce bullfrog tadpoles into the preserve in the
1980s (M. Jennings, in litt., 1993). Additional bullfrogs were removed
from the preserve in 1989 after apparent introductions from a nearby
frog jumping contest (M. Jennings, in litt., 1994). Once established,
it is extremely difficult to eliminate bullfrogs (M. Jennings, in
litt., 1993; Cecil Schwalbe, National Park Service, Tuscon, Arizona,
pers. comm., 1993; Frank Slavens, Woodland Park Zoological Gardens,
Seattle, Washington, pers. comm., 1993). Over 60 percent of the streams
or drainages currently known to support California red-legged frogs
also are inhabited by bullfrogs, either in association with California
red-legged frogs or in other portions of the drainage (U.S. Fish and
Wildlife Service 1995). Based on documented rates of local extinction,
the Service concludes that eventually California red-legged frogs will
be locally extirpated from these 149 streams.
Bullfrogs prey on California red-legged frogs (S. Sweet, in litt.,
1993), other ranid frogs (Twedt 1993) and other amphibians and aquatic
reptiles (Schwalbe and Rosen 1988). Twedt (1993) documented four
juvenile northern red-legged frogs among the contents of 22 adult
bullfrog stomachs. He also found a subadult bullfrog in one of the
adult bullfrog stomachs. This prey item was between the size of an
adult male (approximately 80 mm (3.1 in.)) and adult female
(approximately 85 mm (3.3 in.)) red-legged frog, indicating that
bullfrogs could prey on subadult red-legged frogs. Stuart and Painter
(1993) found evidence of cannibalistic behavior in bullfrogs. A stomach
content analysis revealed 87 percent of total volume by weight was
composed of newly-metamorphosed and larval Rana. Bullfrogs may have a
competitive advantage over California red-legged frogs because of their
(1) larger size, (2) generalized food habits (Bury and Whelan 1984),
(3) extended breeding season (Storer 1933), which allows for production
of two clutches of up to 20,000 eggs during a breeding season (Emlen
1977), and (4) larvae being unpalatable to predatory fish (Kruse and
Francis 1977). Bullfrogs also interfere with red-legged frog
reproduction. Several researchers have noted male red-legged frogs in
amplexus with (mounted on) both male and female bullfrogs (Jennings and
Hayes 1990; Twedt 1993; M. Jennings, in litt., 1993; Stebbins in litt.,
1993). However, the extent to which bullfrog predation, competition,
and reproductive interference adversely affects red-legged frogs has
not been studied in the field (Hayes and Jennings 1986). Habitat
alterations, including removal of riparian or aquatic vegetation,
reduced stream flows, and sedimentation of pools, often provide
conditions detrimental to red-legged frogs but favorable to bullfrogs
(Hayes and Jennings 1986; Jennings 1988b; Jennings, pers. comm., 1993).
Hayes and Jennings (1986, 1988) found a negative correlation
between the abundance of introduced fish species and California red-
legged frogs. These authors noted that aquatic sites where introduced
fishes were abundant rarely had native ranids, and when present, ranid
populations were small. A similar negative correlation was reported by
Hunt (in litt., 1993) for California red-legged frogs in the Salinas
River drainage, by DiDonato (in litt., 1994) on East Bay Regional Park
District properties in the San Francisco Bay area, by Shaffer (in
litt., 1994) for the inner coast range, and by Moyle (1973) for the
foothill yellow-legged frog. These references suggest that the observed
negative correlation between California red-legged frogs and non-native
fish is a general principal. Of 32 streams examined by Hayes and
Jennings (1988), introduced fishes were found in 44 percent.
Results of a recent study in artificial ponds showed that
mosquitofish and bluegill (Lepomis macrochirus) were significant
predators of California red-legged frog larvae (Schmieder and Nauman
1994). However, California red-legged frogs have been found in
association with mosquitofish in Corral Hollow Creek (Alameda and San
Joaquin counties) (T. Strange, pers. comm., 1994) and in three
waterbodies on East Bay Regional Park properties in Contra Costa County
(K. Swaim, in litt., 1994). Malamud-Roam (in litt, 1994) reported that
mosquitofish occur in at least four streams in Contra Costa County
known to support California red-legged frogs. Mosquitofish also may
compete with California red-legged frogs by consuming aquatic insects
that are potential food sources for postmetamorphic frogs. Mosquitofish
have become established statewide and are stocked routinely by mosquito
abatement districts as a mosquito control measure (Moyle 1976).
D. The inadequacy of existing regulatory mechanisms. Although the
California red-legged frog is classified as a ``Species of Special
Concern'' by the State of California (Steinhart 1990) and may not be
taken without an approved scientific collecting permit, this
designation provides no special, legally mandated protection of the
species and its habitat. In 1972, the California Fish and Game
Commission amended its sport fishing regulations to prohibit take or
possession of California red-legged frogs (Bury and Stewart 1973).
However, because of the rarity of the California red-legged frog and
similarity to the more common bullfrog, protection of this taxon by
State wardens and rangers may be compromised (Coyote Creek Riparian
Station, in litt., 1993).
Section 1603 of the California Fish and Game Code authorizes the
Department of Fish and Game (CDFG) to regulate streambed alteration.
The Department must be notified and approve any work that substantially
diverts, alters, or obstructs the natural flow or substantially changes
the bed, channel or banks of any river, stream, or lake. If an existing
fish or wildlife resource may be substantially adversely affected by a
project, CDFG must submit proposals to protect the species within 30
days. However, if the Department does not respond within 30 days of
notification, the applicant may proceed with the work.
Section 404 of the Clean Water Act is the primary Federal law that
potentially provides some protection for aquatic habitats of the
California red-legged frog, if the habitats are determined by the U.S.
Army Corps of Engineers (Corps) to be jurisdictional areas (i.e.,
waters of the United States). Under section 404, nationwide permits,
which undergo minimal public and agency review, can be issued for
projects involving less than 10 acres of wetlands above the headwaters
(i.e., streams with less than five cubic feet per second (cfs) mean
annual flow) or for isolated waters, unless a listed species may be
adversely affected. Many aggregations of
[[Page 25829]]
California red-legged frogs occur in isolated wetlands and coastal
streams that may have mean annual flows less than five cfs. Individual
permits, which are subject to more extensive review, could be required
for projects that have more than minimal impacts to waters of the
United States. The Clean Water Act does not afford any special
protection for candidate species. However, when the California red-
legged frog is listed, the Corps will be required by section 7 of the
Act to consult and obtain the concurrence of the Service prior to the
authorization of any section 404 permit affecting California red-legged
frog habitat.
Additionally and equally important, the upland habitats adjacent to
riparian zones are not provided any protection by Section 404 of the
Clean Water Act. Upland areas provide estivation and dispersal habitats
for this species.
Federal lands, including those of the Forest Service, National Park
Service, Bureau of Land Management, Bureau of Reclamation, and
Department of Defense, encompass approximately 10 percent of the
current known range of the California red-legged frog. Multiple land
use management, as currently practiced by the Forest Service, Bureau of
Land Management, and National Park Service, does not provide long-term
protection for the California red-legged frog. State, County, and
Regional Park lands provide some protection from some threats, however,
these parks are managed for multiple uses.
The National Environmental Policy Act (NEPA) and California
Environmental Quality Act (CEQA) require an intensive environmental
review of projects that may adversely affect a Federally listed
species. However, project proponents are not required to avoid impacts
to non-listed species, and proposed mitigation measures are frequently
not adequately implemented. As with section 404 permits, the Service's
comments through these environmental review processes are only
advisory. The Service is aware of a proposed recreational development
in Santa Cruz County undergoing environmental review that is expected
to extirpate an estimated 10 percent of the total remaining numbers of
the California red-legged frog (Westphal in litt. 1995).
The California Coastal Act regulates the approval of developments
within the costal zone. Although a significant slowing in wetland
losses has occurred, the continued loss and degradation of coastal
wetlands since the California Coastal Act was enacted in 1974 attests
to the limitations of this legislation.
E. Other natural or man-made factors affecting its continued
existence. Six consecutive years of drought (1986-1992) in California
severely affected remaining California red-legged frogs in the Sierran
foothills. Many sites in intermittent streams that held California red-
legged frogs before the drought were completely dry during field
surveys conducted between 1985 to 1992 (Jennings et al. 1992). Sites
still holding pools of water had water levels so low that access by
predators was enhanced. Livestock grazing at many sites exacerbated
effects of the drought by limiting or preventing riparian habitat
regeneration (Jennings et al. 1992). Long-term survival of California
red-legged frogs may be compromised by the elimination of refuge areas
during times of the year when the stream is dry (Rathbun, in litt.,
1994). However, California red-legged frog populations are undoubtedly
capable of recovering from drought, provided other factors have not
irreparably degraded their habitat, or California red-legged frogs have
not been completely extirpated from the drainage.
Drought also may play a role in decreased California red-legged
frog reproduction where frogs occur in coastal lagoons. High salinities
in the Pescadero Marsh (San Mateo County) have been attributed to
drought conditions in the watershed. At the Pescadero Marsh Natural
Preserve, Jennings and Hayes (1990) found many dead egg masses in a
portion of the marsh that were killed by excessive (>4.5 parts per
thousand) salinity levels. Rathbun et al. (1991) speculated that the
absence of California red-legged frogs in lower Santa Rosa Creek and
lagoon in San Luis Obispo County was due to long-term drought
exacerbated by instream flow withdrawals. Since the end of the drought
California red-legged frog numbers reportedly have increased in lower
Santa Rosa Creek (Rathbun in litt. 1994; G. Schmitt, United Residential
Lot Owners of Cambria, Inc. in litt. 1994) probably as a result of
increased rainfall in the winter of 1992-1993. Increased salinities
were recorded in several other coastal lagoons during the drought years
(C. Swift and K. Worcester, pers. comm. in Jennings et al. 1992).
Increased salinity could also result from periodic overtopping of the
beach bar during high tides or by storm waves (D. Asquith, private
consultant, in litt. 1994). In 1993, Jennings (pers. comm., 1993)
reported the loss of California red-legged frog egg masses from
increased salinity and unusual flooding in Arroyo Laguna in San Luis
Obispo County. Because significant numbers of California red-legged
frogs occur in coastal lagoons on the central California coast, drought
has the potential to severely reduce production of California red-
legged frogs over a significant portion of their remaining range.
The overall effect of contaminants on California red-legged frogs
has not been studied. Only one incident of California red-legged frog
mortality is known from a diesel and gasoline spill in a tributary of
Blooms Creek (Santa Cruz County) (Coyote Creek Riparian Station, in
litt., 1993).
Periodic wildfires may adversely affect California red-legged frogs
by causing direct mortality, destroying streamside vegetation, or
eliminating vegetation that protects the watershed. The 1991 Lions Fire
on upper Sespe Creek in the Los Padres National Forest destroyed known
California red-legged frog habitat (S. Sweet, pers. comm., 1993).
Following the fire, extensive erosion in the watershed also negatively
affected California red-legged frogs and their habitat (S. Sweet, pers.
comm., 1993).
Extensive flooding has been cited by Jennings and Hayes (1994a) as
a significant contributing factor in the extirpation of the California
red-legged frog from desert drainages of southern California. For
example, in the Mojave River drainage, no verifiable records or
sightings exist of California red-legged frogs after 1968 (Jennings and
Hayes 1994a). The disappearance of this species from the drainage
coincided with a catastrophic flood event in the Mojave River in the
winters of 1968 and 1969. Extensive flooding in other portions of the
California red-legged frog range may have combined with other factors
to eliminate California red-legged frog aggregations (Richard Seymour,
Coyote Creek Riparian Station, in litt., 1993; D. Martin, pers. comm.,
1994).
A considerable amount of occupied California red-legged habitat
exists in the form of isolated patches along stream courses. These
patches of suitable habitat represent mere remnants of a much larger
historical habitat that once covered whole drainages. Fragments of
formerly extensive populations of California red-legged frogs are now
isolated from other populations. Populations isolated in habitat
fragments are vulnerable to extinction through random environmental
events or anthropogenic catastrophes. With only three of 243 known
creeks or drainages supporting populations of over 350 adults, all
remaining occurrences are considered vulnerable to these threats. Once
a local
[[Page 25830]]
extinction event occurs in an isolated habitat fragment, the
opportunity for recolonization from a source population is reduced.
Thus, local extinctions via stochastic processes, coupled with habitat
fragmentation may represent a substantial threat to the continued
existence of the California red-legged frog over much of its range.
The Service has carefully assessed the best scientific and
commercial data available regarding the past, present, and future
threats faced by the California red-legged frog in determining to make
this final decision. Based on this evaluation, the preferred action is
to list the California red-legged frog (Rana aurora draytonii) as
threatened. This taxon has been extirpated from 70 percent of its
former range. Although California red-legged frogs are now known to be
found in more locations within their present range than previously
thought, factors adversely affecting the California red-legged frog are
known to exist in 83 percent of the drainages supporting the taxon
(U.S. Fish and Wildlife Service 1995). These factors include but are
not limited to (1) urban encroachment, (2) construction of large and
small reservoirs, water diversions and well development, (3) flood
control maintenance, (4) road maintenance, (5) placer mining, (6)
livestock grazing and feral pigs, (7) off-road vehicle use, and (8)
introduction or presence of exotic predators and competitors. The
remaining 17 percent of occupied drainages, the majority located in
Monterey, Santa Barbara, and San Luis Obispo counties, currently are
not known to be subject to the above threats. The California red-legged
frog, therefore, more appropriately fits the definition of a threatened
species. For the reasons discussed below, critical habitat has not been
proposed.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (I) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection; and (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. ``Conservation'' means the use of all methods and
procedures needed to bring the species to the point at which listing
under the Act is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
a species is determined to be endangered or threatened. The Service
finds that designation of critical habitat is not prudent for the
California red-legged frog at this time. Service regulations (50 CFR
424.12(a)(1)) state that designation of critical habitat is not prudent
when one or both of the following situations exist--(1) The species is
threatened by taking or other human activity, and identification of
critical habitat can be expected to increase the degree of threat to
the species, or (2) such designation of critical habitat would not be
beneficial to the species.
As discussed under Factor B in the ``Summary of Factors Affecting
the Species'' section, the California red-legged frog has been and
continues to be threatened by taking, an activity difficult to control.
Listing of the frog may result in an increase in the threat of
vandalism, a concern expressed by the petitioners and other experts (M.
Jennings, S. Sweet, pers. comm., 1993; D. Martin, pers. comm., 1994).
California red-legged frogs occur in isolated and fragmented wetland
habitat on private property and are at risk from vandalism. Publication
of specific localities, which would be required in proposing critical
habitat, would reveal precise locality data and thereby make the
species more vulnerable to acts of vandalism, and increase the
difficulties of enforcement. Martin (pers. comm., 1994) has observed
acts of vandalism by private landowners once they learned of the
presence of Yosemite toads (Bufo canorus), on their property. The
Yosemite toad is a species of concern to the Service (former category 2
species, 59 FR 58995).
In addition, a significant market exists in California for frog
meat, with bullfrogs as the primary species sold. In 1993, the
California Department of Fish and Game arrested a number of individuals
involved in illegal collection and sale of large numbers of bullfrogs
to San Francisco fish markets (California Department of Fish and Game
1993). To the untrained eye, the California red-legged frog looks very
similar to a bullfrog and could be accidentally taken for the market.
California red-legged frogs also could be taken intentionally as they
are reported to be more palatable (Coyote Creek Riparian Station, in
litt., 1993; Jennings, pers. comm., 1994). The California red-legged
frog would be more vulnerable to collection for market consumption if
precise locality data were published for this species. Protection of
California red-legged frog habitat will be addressed in the recovery
process and through the section 7 consultation process. Therefore, due
to the serious potential for increased, unauthorized take, the Service
has determined that designation of critical habitat for the California
red-legged frog is not prudent.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain practices. Recognition through listing results in
public awareness and conservation actions by Federal, State, and local
agencies, private organizations, and individuals. The Act provides for
possible land acquisition and cooperation with the States and requires
that recovery actions be carried out for all listed species. The
protection required of Federal agencies and the prohibitions against
taking and harm are discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any action that is likely to jeopardize the
continued existence of a species proposed for listing or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) requires Federal
agencies to ensure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of the species or
destroy or adversely modify its critical habitat. If a Federal action
may affect a listed species or its critical habitat, the responsible
Federal agency must enter into formal consultation with the Service.
Federal agencies that may be involved as a result of this final
rule are the Bureau of Reclamation, Bureau of Land Management, National
Park Service, Forest Service, and the Departments of the Army, Navy and
Air Force. At several parks, the National Park Service has conducted or
is planning to conduct status surveys for California red-legged frogs
(Daphne A. Hatch, National Park Service, in litt., 1993; James
Sleznick, National Park Service, in litt., 1992;
[[Page 25831]]
Gary Fellers, National Park Service, pers. comm., 1993). The Forest
Service has conducted and has ongoing amphibian surveys in many
National Forests within the historic range of the California red-legged
frog (J. Stephenson, pers. comm., 1993; D. Martin, pers. comm., 1993;
Maeton Freel, U.S. Forest Service, pers. comm., 1994). In Los Padres
National Forest, the Forest Service, in a cooperative effort with other
Federal and State agencies, has altered flow regimes in Piru Creek
between Lake Pyramid Lake and Lake Piru to benefit the endangered
arroyo southwestern toad. Although no specific studies have been done,
these flow regime changes also may benefit the California red-legged
frog (Frederick Gientke, United Water Conservation District, in litt.,
1994). The Forest Service has also designated more than 31 miles of
Sespe Creek in Los Padres National Forest as ``Wild and Scenic'' under
the National Wild and Scenic Rivers Act of 1968.
The Contra Costa Water District is constructing a large reservoir
construction project (Los Vaqueros Reservoir) on Kellogg Creek, Contra
Costa County (Contra Costa Water District 1993). The Bureau of
Reclamation's role in this project is to amend water service contracts
and modify water rights to facilitate project construction (Penny
Howard, U.S. Bureau of Reclamation, in litt., 1994). A mitigation and
monitoring program is proposed to compensate for California red-legged
frog habitat losses at Los Vaqueros. The mitigation plan includes a
bullfrog and exotic fish control program to be carried out for the life
of the reservoir project (Contra Costa Water District 1993). The
potential for success of the mitigation plan is unknown. In addition,
Bureau of Reclamation projects, including small loan projects in
Monterey County, the Cachuma project in Santa Barbara County, the San
Felipe project in San Benito and Santa Clara counties, and the Solano
project in Solano County, involve water contract renewals as well as
road maintenance activities and grazing leases, all of which may affect
California red-legged frogs. The U.S. Army Corps of Engineers would be
involved in many of these projects through their permitting authority
under section 404 of the Clean Water Act.
Any of the above mentioned Federal agencies would be required to
consult with the Service if any action they fund, authorize, or carry
out may affect the California red-legged frog. To the extent that their
habitats overlap in lagoon areas, efforts made to conserve and recover
the tidewater goby (Eucyclogobius newberryi), a Federally listed
endangered species, may also help to conserve and recover the
California red-legged frog.
The Service is currently involved in the development of two Habitat
Conservation Plans (HCP's) that could potentially protect three
localities of California red-legged frogs. The Kern County Valley Floor
HCP will protect a minimum of 75 percent of the existing California
red-legged frog habitat in the Bitterwater Creek drainage. The San
Joaquin County multispecies HCP may also protect two localities, Corral
Hollow Creek and Lone Tree Creek. Although the development of these
HCP's will not preclude the need to list the California red-legged
frog, these plans, if implemented, will protect habitat for the taxon.
The Ventura Field Office is assisting with the Santa Clara River
Enhancement and Management Plan, which is progressing but is not
finalized at this time. A similar plan for Rancho San Carlos (in the
Carmel River drainage) is also underway. Early planning efforts are
beginning for the Ventura and Santa Ynez rivers. None of these planning
efforts preclude the need to list the species, but will provide future
protection of habitat for the species.
One known California red-legged frog locality in Riverside County
and any newly discovered localities in the historic range of the
species could be protected by ongoing ecosystem-based planning efforts
in southern California. In 1991, the State of California established
the Natural Communities Conservation Planning (NCCP) Program to address
conservation needs of natural ecosystems throughout the State. The
initial focus of the program is the coastal sage scrub community in
southern California, however, riparian habitats will also be addressed.
Several regional plans, including the Multi-species Conservation Plan
(MSCP) and the Multi-habitat Conservation Plan (MHCP) of San Diego
County, the Southern and Central Coastal Subregional NCCP/Habitat
Conservation Plans (Southern/Central/Coastal NCCP) of Orange County,
and the Riverside County Stephens Kangaroo rat HCP and San Bernardino
County MSCP are under development by a consortium of county and
municipal governments and other parties, including the California
Department of Fish and Game and the Service. Though no plans have been
completed to date, protection could be provided if the California red-
legged frog occurs in any of the planning areas. The one known extant
population occurs on the Santa Rosa Plateau Reserve managed by The
Nature Conservancy.
The Service establishes the following recovery units within the
historical range of the California red-legged frog: (1) The western
foothills and Sierran foothills to 5,000 feet in elevation in the
Central Valley Hydrographic Basin; (2) the central coast ranges from
San Mateo and Santa Clara counties south to Ventura and Los Angeles
counties; (3) the San Francisco Bay/Suisun Bay hydrologic basin; (4)
southern California, south of the Tehachapi Mountains; and (5) the
northern coast range in Marin and Sonoma counties. These five units are
essential to the survival and recovery of the California red-legged
frog. Designation of recovery units assists the Service and other
agencies in identifying priority areas for conservation planning under
the consultation (section 7) and recovery (section 4) programs.
The Act and implementing regulations found at 50 CFR 17.32 set
forth a series of general prohibitions and exceptions that apply to all
threatened wildlife not covered by a special rule. With respect to the
California red-legged frog, these prohibitions, in part, make it
illegal for any person subject to the jurisdiction of the United States
to take (including harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, collect, or attempt any such conduct), import or export,
transport in interstate or foreign commerce in the course of commercial
activity, or sell or offer for sale in interstate or foreign commerce
any listed species. It also is illegal to possess, sell, deliver,
carry, transport, or ship any such wildlife that has been taken
illegally. Certain exceptions apply to agents of the Service and State
conservation agencies.
Permits may be issued to carry out otherwise prohibited activities
involving threatened wildlife species under certain circumstances.
Regulations governing permits are at 50 CFR 17.23. Such permits are
available for scientific purposes, to enhance the propagation or
survival of the species, and/or for incidental take in connection with
otherwise lawful activities.
It is the policy of the Service, published in the Federal Register
on July 1, 1994 (59 FR 34272), to identify to the maximum extent
practicable at the time a species is listed those activities that would
or would not constitute a violation of section 9 of the Act. The intent
of this policy is to increase public awareness of the effect of this
listing on proposed and ongoing activities within the species' range.
The Service believes that, based on the best available information, the
following
[[Page 25832]]
actions will not result in a violation of section 9:
(1) Road-kills or injuries caused by vehicles operated lawfully on
designated public roads;
(2) Light to moderate carefully managed livestock grazing that
prevents or minimizes the excessive trampling of riparian and wetland
habitat;
(3) Possession of legally acquired California red-legged frogs;
(4) Unintentional hooking of a frog or tadpole during otherwise
lawful engagement in fishing, and;
(5) Federally approved projects that involve activities such as,
discharge of fill material, draining, ditching, tiling, pond
construction stream channelization or diversion, or alteration of
surface or ground water into or out of a wetland (i.e., due to roads,
impoundments, discharge pipes, storm water detention basins, etc.),
when such activity is conducted in accordance with any reasonable and
prudent measures given by the Service in accordance with section 7 of
the Act.
Activities that the Service believes could potentially harm the
California red-legged frog and result in ``take'', include, but are not
limited to:
(1) Unauthorized collecting or handling of the species;
(2) Introduction of exotic species such as fish or other species of
frogs directly into, or within dispersal distance of, known California
red-legged frog habitat;
(3) Unauthorized destruction/alteration of the species' habitat
such as discharge of fill material, draining, ditching, tiling, pond
construction, diversion or alteration of stream channels or surface or
ground water flow into or out of a wetland (i.e., due to roads,
impoundments, discharge pipes, storm water detention basins, etc.),
operation of any vehicles within the stream channel;
(4) Violation of discharge permits;
(5) Burning, cutting or mowing of wetland or riparian vegetation,
if conducted in an untimely or inappropriate manner (e.g., when
California red-legged frogs would be killed or injured, or their
occupied habitat would be degraded or rendered unsuitable);
(6) Pesticide applications in violation of label restrictions;
(7) Discharges or dumping of toxic chemicals, silt, or other
pollutants (i.e., sewage, oil and gasoline) into waters, or riparian
and upland habitats supporting the species;
(8) Interstate and foreign commerce (commerce across State lines
and international boundaries) and import/export (as discussed earlier
in this section) without prior obtainment of an endangered species
permit. Permits to conduct these activities are available for purposes
of scientific research and enhancement of propagation or survival of
the species.
Questions regarding whether specific activities will constitute a
violation of section 9 should be directed to the Field Supervisor of
the Service's Sacramento Field Office (see ADDRESSES section). Requests
for copies of the regulations concerning listed plants and general
inquiries regarding prohibitions and permits may be addressed to the
U.S. Fish and Wildlife Service, Ecological Services, Endangered Species
Permits, 911 N.E. 11th Avenue, Portland, Oregon, 97232-4181 (telephone
503/231-2063; facsimile 503/231-6243).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited herein is available upon
request from the Field Supervisor, Sacramento Field Office (see
ADDRESSES section).
Author
The primary authors of this final rule are Karen J. Miller, Alison
Willy, Sheila Larsen, and Steven Morey, Sacramento Field Office (see
ADDRESSES section), telephone 916/978-4866.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 10080 Stat. 3500, unless otherwise noted.
2. Section 17.11(h) is amended by adding the following, in
alphabetical order under AMPHIBIANS, to the List of Endangered and
Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate population
---------------------------------------------------- Historic range where endangered or Status When listed Critical Special rules
Common name Scientific name threatened habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
AMPHIBIANS
* * * * * * *
Frog, California red-legged.... Rana aurora U.S.A. (CA)....... Entire (excluding Del T ........... NA NA
draytonii. Norte, Humboldt,
Trinity, & Mendocino
Cos., CA; Glenn, Lake,
& Sonoma Cos., CA,
west of the Central
Valley Hydrologic
Basin; Sonoma & Marin
Cos., CA, west & north
of San Francisco Bay
drainages and Walker
Creek drainage; and
NV).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 25833]]
Dated: May 17, 1996
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 96-12901 Filed 5-22-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-12892 Approval and Promulgation of Implementation Plans: Washington
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25791-25794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12892]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WA48-7121a; FRL-5506-3]
Approval and Promulgation of Implementation Plans: Washington
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving in
part, and disapproving in part, the Energy Facility Site Evaluation
Council Regulations (EFSEC) as revisions to the Washington State
Implementation Plan (SIP). These revisions were submitted to EPA by the
Director of the Washington Department of Ecology (WDOE) on November 29,
1995 and in accordance with the requirements of Title I Section 110 and
part D of the Clean Air Act (hereinafter referred to as the Act). EPA
is taking no action on a number of the submitted provisions which are
unrelated to the purposes of the implementation plan.
DATES: This action is effective on July 22, 1996 unless adverse or
critical comments are received by June 24, 1996. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: Montel Livingston,
SIP Manager, Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue,
Seattle, Washington 98101.
Documents which are incorporated by reference are available for
public inspection at the Air and Radiation Docket and Information
Center, Environmental Protection Agency, 401 M Street, SW., Washington,
D.C. 20460. Copies of material submitted to EPA may be examined during
normal business hours at the following locations: EPA, Region 10,
Office of Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, Washington
98101; and, the State of Washington, Department of Ecology, 4550 Third
Avenue SE, Lacey, Washington 98504.
FOR FURTHER INFORMATION CONTACT: Ed Jones, Office of Air Quality (OAQ-
107), EPA, Seattle, Washington 98101, (206) 553-1743.
SUPPLEMENTARY INFORMATION
I. Background
The Energy Facility Site Evaluation Council (EFSEC) amended Chapter
463-39 of the Washington Administrative Code (WAC) on September 21,
1995. The Washington Department of Ecology (WDOE), on behalf of the
Governor, submitted the amended regulations to EPA on November 29, 1995
as a revision to the Washington SIP. The amended regulations pertain to
General and Operating Permit Regulations for Air Pollution Sources
administered by EFSEC, and adopt by reference various other state
regulations. Some of the regulations adopted by reference have been the
subject of previous EPA actions on the SIP.
II. This Action
The state of Washington's November 29, 1995 request for SIP
revision included fifteen regulations contained in Chapter 463-39 of
the WAC. Certain of these regulations are amendments to those currently
contained in the SIP; others are entirely new additions. As part of the
submittal the state also requested that particular outdated WAC 463-39
regulations, currently in the approved SIP, be removed.
A. Unchanged. EPA approves two Chapter 463-39 regulations currently
in the SIP, and unchanged by the November 29, 1995 revisions. These are
WAC 463-39-135 and -170.
B. Modifications. EPA approves, with minor exception, the
modification of five amended Chapter 463-39 regulations currently in
the SIP. These are: WAC 463-39-010, -020, -030, -100, and -120. The
language in three of these regulations--WAC 463-39-010 ``Purpose,''
463-39-020 ``Applicability,'' and 463-39-100 ``Registration''--has been
modified only slightly over that used in versions currently in the SIP.
WAC 463-39-030 ``Additional Definitions'' has been modified to
eliminate the listing of specific terms and their regulatory meanings.
The modified regulation is brief and states that in addition to the
definitions provided in WAC 173-400-030, 173-401-200, and 173-406-101,
``ecology'' and ``authority'' shall be synonymous with EFSEC. WAC 173-
400-030 has been previously approved for inclusion in the SIP, and EPA
approves the use of these definitions for the purposes of defining
terms in Chapter 463-39.
WAC 463-39-120 ``Monitoring and Special Report'' modifies language
contained in the regulation so that: (a) Ecology may authorize a
designee for operating its surveillance program; (b) the surveillance
program must be in accord with Chapter 173-400 regulations; and, (c)
subparts 2-7 of the previous regulation (concerning ``investigation of
conditions'', ``source testing'', etc.) are removed. Although these six
subparts are removed, however, they are substantively found in WAC 173-
400-105 and -107, both of which are contained in the approved SIP, and
adopted by reference in 463-39-005.
In approving the modifications noted above, it must be noted that
reference to Chapter 173-401 is made in four of the amended
regulations: WAC 463-39-020, -030, -100, and -120. Chapter 173-401
concerns Title V ``Operating Permit Regulation'' and regulations in
this Chapter have not been included in the SIP. In addition, reference
is made to: Chapter 173-406 ``Acid Rain Regulation'' in WAC 463-39-020,
-030, and -120; and, Chapter 173-460 ``Controls for New Sources of
Toxic Air Pollutants'' in WAC 463-39-020 and -120. These regulations
are also not a part of the approved SIP. As a consequence, EPA is not
taking action on the particular Chapter 173-401, 173-406, and 173-460
references embodied within the four regulations noted.
C. Additions. The state of Washington has requested that eight new
Chapter 463-39 regulations be added to the SIP. These are: WAC 463-39-
005, -070, -090, -095, -105, -115, -140, and -230.
New regulation WAC 463-39-005 ``Adoption by Reference'' adopts
twenty-four of the state's Chapter 173-400 regulations. On June 2, 1995
EPA approved, disapproved, and took no action on various state
regulations contained in Chapter 173-400, submitted by the state for
the purpose of inclusion in the implementation plan (60 FR 28726). The
rationale for EPA's decisions on these regulations is described in the
February 22, 1995 Federal Register (60 FR 9802) proposing the
rulemaking. Of the twenty-four Chapter 173-400 regulations referenced
in WAC 463-39-005, thirteen are presently contained, in whole, in the
approved SIP. These are: WAC 173-400-030 ``Definitions,'' -060
``Emission Standards for General Process Units,''
[[Page 25792]]
-081 ``Startup and Shutdown,'' -091 ``Voluntary Limits on Emissions,''
-105 ``Records, Monitoring, and Reporting,'' -107 ``Excess Emissions,''
-110 New Source Review,'' -151 ``Retrofit Requirements for Visibility
Protection,'' -161 Compliance Schedules,'' -171 ``Public Involvement,''
-190 ``Requirements for Nonattainment Areas,'' -200 ``Creditable Stack
Height and Dispersion Techniques,'' and -205 ``Adjustment for
Atmospheric Conditions.'' Four others are contained in the SIP, but are
qualified with exceptions (i.e., not all parts of the regulations are
included within the implementation plan). These are: WAC 173-400-040, -
050, -112, and -113. Five of the adopted 173-400 regulations are
regulations disapproved from SIP inclusion in EPA's June 2, 1995
action. These are: WAC 173-400-120 ``Bubble Rules,'' -131 ``Issuance of
Emission Reduction Credits,'' -136 ``Use of Emission Reduction
Credits,'' -141 ``Prevention of Significant Deterioration,'' and -180
``Variance.'' Of the remainder, one regulation (WAC 173-400-114
``Requirements for Replacement or Substantial Alteration of Emission
Control Technology at an Existing Stationary Source'') was not
previously submitted by the state for inclusion into the SIP, and the
other (WAC 173-400-075 ``Emission Standards for Sources Emitting
Hazardous Air Pollutants''), though submitted, was not acted upon by
EPA.
As noted above, four state regulations were previously only
partially approved for inclusion into the SIP. Portions of WAC 173-400-
040 ``General Standards for Maximum Emissions,'' adopted by reference
in 463-39-005 to replace WAC 463-390-040, were excluded from the SIP.
Specifically, provisions (1)(c) and (1)(d), exceptions to meeting the
opacity standard; provision (2), regarding fallout of PM; provision
(4), regarding odor generation; and, the second paragraph of provision
(6), regarding SO2, were all excluded. Similarly, WAC 463-39-050
``Minimum Emission Standards for Combustion and Incineration Sources''
was replaced by reference to WAC 173-400-050 ``Emission Standards for
Combustion and Incineration Sources'' (again, adopted in 463-39 005).
The exception to the use of the oxygen correction factor in 173-400-
050(3), however, was excluded from the SIP. Finally, section (8) of WAC
173-400-112 ``Requirements for New Sources in Nonattainment Areas'' and
section (5) of 173-400-113 ``Requirements for New Sources in Attainment
or Unclassifiable Areas'' were also not approved by EPA for inclusion
in the SIP.
In approving WAC 463-39-005, therefore, EPA notes the same
exceptions noted in the previous rulemaking. That is, only those
Chapter 173-400 regulations and portions of regulations, approved in
earlier EPA actions which are adopted by reference within WAC 463-39-
005, are hereby approved for the purposes of the implementation plan.
As a consequence, WAC 173-400-075, -114, -120, -131, -136, -141, and -
180 are disapproved, and 173-400-040, -050, -112, and -113 are only
approved in part.
Besides referencing Chapter 173-400, regulation WAC 463-39-005 also
adopts numerous Chapter 173-401, 173-406, and 173-460 regulations. As
previously explained, none of these regulations is currently in the
implementation plan. Since EPA has taken no action on these provisions,
corresponding paragraphs (2), (3), and (4) of WAC 463-39-005 are not
approved for inclusion in the implementation plan.
EPA approves with exception WAC 463-39-095 ``Permit Issuance.''
This provision requires that permits be attached to site certification
agreements, and that permits become effective upon the governor's
approval and upon execution of the site certification agreement. In
approving WAC 463-39-095 EPA excepts those references to WAC
regulations not contained in the SIP. Specifically, WAC 463-39-095
refers to Permits issued in accord with Chapters 173-401, 173-406, and
173-460; EPA is not taking action on these particular references.
EPA also approves WAC 463-39-230 ``Regulatory Actions'' into the
SIP. This regulation, though new, modifies and expands upon language
contained in WAC 463-39-130 (which has subsequently been repealed),
previously approved for inclusion in the SIP.
EPA is taking no action on new regulation WAC 463-39-070
``Radioactive Emissions.'' This provision is not related to the
criteria pollutants regulated under the SIP.
EPA is taking no action on new regulation WAC 463-39-105 ``Fees.''
The regulation asserts that fees shall be assessed to recover various
operating-permit program costs. Since the focus of the provision is on
Title V programs, its requirements are unrelated to the SIP.
EPA is also taking no action on WAC 463-39-090 ``Permit Application
Form'' and -140 ``Appeals Procedure.'' The substantive requirements of
both of these regulations depend on references to other state
regulations which have not been included in the SIP. WAC 463-39-090
refers to Chapters 173-401 and 173-406; WAC 463-39-140 refers to WAC
463-54-070.
Finally, EPA is taking no action on WAC 463-39-115 ``Standards of
Performance for New Stationary Sources.'' This provision implements
provisions of section 111 of the Act and is unrelated to the SIP.
D. Deletions. EPA approves the deletion of seven repealed Chapter
463-39 regulations currently in the SIP. These are: WAC 463-39-040, -
050, -060, -080, -110, -130, and -150. Five of these regulations have
been replaced by similar Chapter 173-400 regulations, adopted by
reference in WAC 463-39-005, and approved (at least in part) for
inclusion into the SIP. Specifically, WAC 463-39-040 ``General
Standards for Maximum Permissable Emissions'' has been superceded by
WAC 173-400-040 ``General Standards for Maximum Emissions,'' WAC 463-
39-050 ``Maximum Emission Standards for Combustion and Incineration
Sources'' by WAC 173-400-050 ``Emission Standards for Combustion and
Incineration Units,'' WAC 463-39-060 ``Maximum Emission Standards for
General Process Sources'' by WAC 173-400-060 ``Emission Standards for
General Process Units,'' WAC 463-39-080 ``Compliance Schedules'' by WAC
173-400-161 of the same name, and WAC 463-39-110 ``New Source Review''
by WAC 173-400-110 of the same name.
WAC 463-39-150 ``Variance'' has been replaced by reference to WAC
173-400-180 (of the same name), but the latter was previously
disapproved for inclusion into the SIP in EPA's June 2, 1995 action (60
FR 28726). WAC 463-39-130 ``Regulatory Actions,'' as noted above, has
been replaced by WAC 463-39-230 of the same name.
In summary, then, EPA approves without exception the inclusion of
the following Chapter 463-39 regulations into the SIP: amended -010,
new -230, -135, and -170. The latter two regulations have been approved
previously, have not been modified, and will remain in the
implementation plan. EPA approves the inclusion of new WAC 463-39-
005(1) with the exception of those Chapter 173-400 regulations, or
portions of regulations, adopted by reference in -005(1) which
themselves are not contained in the SIP. EPA also approves the
inclusion of amended WAC 463-39-020, amended -030, new -095, amended -
100, and amended -120 with the exception of requirements within those
six regulations which refer to other Chapter 173 or 463 state
regulations not contained in the SIP.
Certain repealed Chapter 463-39 regulations will, as part of this
action,
[[Page 25793]]
be removed from the SIP. These are: WAC 463-39-040, -050, -060, -080, -
110, -130, and -150. EPA is taking no action on new WAC 463-39-005(2)-
(4), new -070, new -090, new -105, -115, and new -140.
III. Administrative Review
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, Part D of the CAA
do not create any new requirements, but simply approve requirements
that the state is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co.v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42
U.S.C. 7410(a)(2).
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air
Act Amendments enacted on November 15, 1990. The EPA has determined
that this action conforms with those requirements.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic and
environmental factors and in relation to relevant statutory and
regulatory requirements.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective July 22, 1996 unless, by June 24, 1996, adverse or critical
comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective July 22, 1996.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 22, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2), 42 U.S.C.
7607(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Note: Incorporation by reference of the Implementation Plan for
the State of Washington was approved by the Director of the Office
of Federal Register on July 1, 1982.
Dated: May 6, 1996.
Jane S. Moore,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52-- [AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart WW--Washington
2. Section 52.2470 is amended by adding paragraph (c)(60) to read
as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
(60) On November 29, 1995 the Director of WDOE submitted to the
Regional Administrator of EPA the Energy Facility Site Evaluation
Council Regulations (EFSEC) as a revision to the Washington State
Implementation Plan (SIP).
(i) Incorporation by reference.
(A) The November 29, 1995 letter from WDOE to EPA submitting
requests for revisions to the Washington SIP to include the Energy
Facility Site Evaluation Council Regulations; EFSEC Regulation Chapter
463-39 Washington Administrative Code General and Operating Permit
Regulations for Air Pollution Sources, (excluding the following
sections: 005 (2) through (4); -070; -090; -105; -115; -140; those
portions of -005(1), -020, -030, -095, -100, and -120 containing any
reference to regulations or provisions of regulations in Chapters 173-
400, 173-
[[Page 25794]]
401, 173-406, 173-460, or 463-58a) adopted on November 16, 1995.
[FR Doc. 96-12892 Filed 5-22-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-12890 Approval and Promulgation of Implementation Plans North Carolina: Approval of Revisions to the Forsyth County Local Implementation Plan
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25789-25791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12890]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-80-1-9619a & 81-1-9620a; FRL-5505-4 ]
Approval and Promulgation of Implementation Plans North Carolina:
Approval of Revisions to the Forsyth County Local Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On November 29, 1995, the Forsyth County Board of
Commissioners, through the North Carolina Department of Environment,
Health and Natural Resources, submitted revisions to the Forsyth County
Local Implementation Plan (LIP). These revisions include the adoption
of new air quality rules and amendments to existing air quality rules
that were the subject of public hearings held on May 16, 1995. A second
submittal concerning these revisions was forwarded to EPA on December
28, 1995. This second submittal was the subject of a public hearing on
September 26, 1995.
These revisions adopt three source-specific volatile organic
compound rules; Thread Bonding Manufacturing, Glass Christmas Ornament
Manufacturing, Commercial Bakeries, delete textile coating, Christmas
ornament manufacturing, and bakeries from the list of sources that must
follow interim standards, define di-acetone alcohol as a non-
photochemically reactive solvent, and place statutory requirements for
adoption by reference for referenced ASTM methods into a single rule
rather than each individual rule that references ASTM methods.
DATES: This action is effective July 22, 1996 unless notice is received
by June 24, 1996 that someone wishes to submit adverse or critical
comments. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Written comments should be addressed to:
Randy Terry, Regulatory Planning and Development Section, Air Programs
Branch, Air, Pesticides & Toxics Management Division, Region 4
Environmental Protection Agency, 345 Courtland Street, NE, Atlanta,
Georgia 30365
Copies of the material submitted by the NCDEHNR may be examined during
normal business hours at the following locations:
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street, NE, Atlanta, Georgia 30365
North Carolina Department of Environment, Health and Natural Resources,
512 North Salisbury Street, Raleigh, North Carolina 27604
FOR FURTHER INFORMATION CONTACT: Randy Terry, Regulatory Planning and
Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is
404/347-3555 ex 4212.
SUPPLEMENTARY INFORMATION: On November 29, and December 28, 1995, the
Forsyth County Board of Commissioners, through the North Carolina
Department of Environment, Health and Natural Resources, submitted
revisions to the Forsyth County Local Implementation Plan (LIP). These
revisions were approved into the North Carolina State Implementation
Plan (SIP) in a previous document (61 FR 3588) and have been adopted by
the Forsyth County Board of Commissioners. These revisions affect
several sections in the ozone regulations. EPA is approving the
revisions to sections Subchapter 3D .0104 Incorporation by Reference,
.0501 Compliance With Emission Control Standards, .0516 Sulfur Dioxide
Emissions From Combustion Sources, .0518 Miscellaneous Volatile Organic
Compound Emissions, .0530 Prevention of Significant Deterioration,
.0531 Sources in Nonattainment Areas, .0902 Applicability, .0907
Compliance Schedules for Sources in Nonattainment Areas, .0909
Compliance Schedules for Sources in New Nonattainment Areas, .0910
Alternative Compliance Schedules, .0911 Exception from Compliance
Schedules, .0950 Interim Standards for Certain Source Categories, .0952
Petition for Alternative Controls, .0954 Stage II Vapor Recovery, .0955
Thread Bonding Manufacturing, .0956 Glass Christmas Ornament
Manufacturing, and .0957 Commercial Bakeries because these revisions
are consistent with the requirements of the Clean Air Act and EPA
guidance.
EPA is approving the following new rules and revisions of existing
rules in the Forsyth County LIP. These new rules and revisions are
consistent with the requirements of the Clean Air Act and EPA guidance.
.0104, Incorporation by Reference
These amendments involve the placement of statutory requirements
for adoption by reference for referenced American Society for Testing
and Materials methods (ASTM) into a single rule rather than each
individual rule that references ASTM methods.
.0501 Compliance With Emission Control Standards
This rule was amended to clarify the appropriate compliance
methodology.
.0516 Sulfur Dioxide Emissions From Combustion Sources
This rule was amended to include an additional reference rule
number.
.0518 Miscellaneous Volatile Organic Compounds Emissions
This rule was amended to clarify that diacetone alcohol and
perchloroethylene are not considered to be photochemically reactive and
to delete a repeated phrase.
.0530 Prevention of Significant Deterioration
This rule was amended to update the latest date of amendment of the
CFR references.
.0531 Sources in Nonattainment Areas
This rule has been amended to add paragraph (k), which requires
using the UAM model, by new or major modifications, at sources to
predict effect on the ozone level and attainment status.
.0902 Applicability
Forsyth County did not adopt paragraph (e), which pertains to other
counties in North Carolina, of the State rule because those areas are
not in Forsyth County's jurisdiction.
.0909 Compliance Schedules for Sources in New Attainment Areas
This rule has been amended to correctly identify the appropriate
paragraph references.
.0950 Interim Standards for Certain Source Categories
This section, is being revised to delete textile coating, bakeries
and Christmas ornament manufacturing from the list of
[[Page 25790]]
sources that are required to follow the interim standards. The sources
removed have had permanent rules adopted and are now subject to those
requirements. The final revision in this section adds a sentence that
defines di-acetone alcohol and perchloroethylene as a non-
photochemically reactive solvent for these interim standards.
The permanent rules adopted were SUBCHAPTER 3D .0955 THREAD BONDING
MANUFACTURING, .0956 GLASS CHRISTMAS ORNAMENT MANUFACTURING, and .0957
COMMERCIAL BAKERIES. These sections adopted rules to reduce the
emission level by requiring at least a 95% reduction by weight and/or
by installing a thermal incinerator with a temperature of at least 1600
F and a residence time of at least 0.75 seconds.
In addition to the above revisions EPA is approving a revision
applicable to the following Sections: Subchapter 3D .0907, .0910,
.0911, .0952, and .0954. This revision is an adjustment of the final
compliance dates for VOC's from May 15, 1995 to May 15, 1997.
The submitted revisions also included amendments to Subchapter 3D
.1401-.1415; Reasonably Available Control Technology for Sources of
Nitrogen Oxides (Nox RACT); .1501-.1504 Transportation Conformity; and
.1601-.1603; General Conformity. These revisions are being addressed in
separate Federal Register documents.
Final Action
In this document, EPA is approving the revisions to the Forsyth
County regulations listed above. This action is being taken without
prior proposal because the changes are noncontroversial and EPA
anticipates no significant comments on them. The public should be
advised that this action will be effective on July 22, 1996. However,
if notice is received by June 24, 1996 that someone wishes to submit
adverse or critical comments, this action will be withdrawn and two
subsequent documents will be published before the effective date. One
document will withdraw the final action and another will begin a new
rulemaking by announcing a proposal of the action and establishing a
comment period.
Under Section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by July 22,
1996. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for purposes
of judicial review nor does it extend the time within which a petition
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See Section
307(b)(2) of the Act, 42 U.S.C. 7607 (b)(2)).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under 110 and subchapter I, part D of the CAA do not
create any new requirements, but simply approve requirements that the
State is already imposing. Therefore, because the federal SIP-approval
does not impose any new requirements, I certify that it does not have a
significant impact on any small entities affected. Moreover, due to the
nature of the federal-state relationship under the CAA, preparation of
a regulatory flexibility analysis would constitute federal inquiry into
the economic reasonableness of state action. The CAA forbids EPA to
base its actions concerning SIPs on such grounds. Union Electric Co. v.
U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. Section
7410(a)(2).
Unfunded Mandates
Under Sections 202, 203 and 205 of the Unfunded Mandates Reform Act
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,
EPA must undertake various actions in association with proposed or
final rules that include a Federal mandate that may result in estimated
costs of $100 million or more to the private sector, or to State,
local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 110 of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain duties. To the extent that the rules being approved
by this action will impose any mandate upon the State, local or tribal
governments either as the owner or operator of a source or as a
regulator, or would impose any mandate upon the private sector. EPA's
action will impose no new requirements; such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon Monoxide, Hydrocarbons, Incorporation
by reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and Recordkeeping requirements, Sulfur oxides.
Dated: March 21, 1996.
Phyllis P. Harris,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart II--North Carolina
2. Section 52.1770, is amended by adding paragraph (c)(90) to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(90) The VOC regulations and other miscellaneous revisions to the
Forsyth County Local Implementation Plan which were submitted on
December 28, 1995, and November 29, 1995.
(i) Incorporation by reference.
[[Page 25791]]
(A) Amendments to Forsyth County regulations Subchapter 3D
.0104(a), .0531 (e)-(k), .0902 (a)-(h), .0907 (a)-(c), .0909 (a, c, d,
e, and g), .0910 (a)-(d), .0911, .0950 (a and b), .0952 (a)-(c) and
.0954 (f, h, k) adopted into the Air Quality Control Technical Code on
November 13, 1995.
(B) Amendments to Forsyth County regulations Subchapter 3D .0501
(a)-(h), .0516 (a and b), .0518 (a)-(g), and .0530 (a)-(s), adopted
into the Air Quality Control Technical Code on August 14, 1995.
(C) Subchapter 3D .0955, .0956, and .0957 adopted into the Air
Quality Control Technical Code on August 14, 1995.
(ii) Other material. None.
[FR Doc. 96-12890 Filed 5-22-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-12887 Kentucky; Final Authorization of Revisions to State Hazardous Waste Management Program
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25799-25801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12887]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5508-2]
Kentucky; Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Kentucky has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Kentucky's revisions consist of the provisions
contained in certain rules promulgated between July 1, 1987, through
June 30, 1992, which fall within HSWA Cluster II, Non-HSWA Cluster VI,
and RCRA Clusters I and II. These requirements are listed in Section B
of this notice. The Environmental Protection Agency (EPA) has reviewed
Kentucky's application and has made a decision, subject to public
review and comment, that Kentucky's hazardous waste program revisions
satisfy all of the requirements necessary to qualify for final
authorization. Thus, EPA intends to approve Kentucky's hazardous waste
program revisions. Kentucky's application for program revisions is
available for public review and comment.
DATES: Final authorization for Kentucky's program revisions shall be
effective July 22, 1996, unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule. All comments on
Kentucky's program revision application must be received by the close
of business, June 24, 1996.
ADDRESSES: Copies of Kentucky's program revision application are
available during normal business hours at the following addresses for
inspection and copying: Kentucky Department for Environmental
Protection, Division of Waste Management, Fort Boone Plaza, Building 2,
18 Reilly Road, Frankfort, Kentucky 40601, (502) 564-6716; U.S. EPA
Region 4, Library, 345 Courtland Street NE., Atlanta, Georgia 30365;
(404) 347-4216. Written comments should be sent to Al Hanke at the
address listed below.
FOR FURTHER INFORMATION CONTACT: Al Hanke, Chief, State Programs
Section, Waste Programs Branch, Waste Management Division, U.S.
Environmental Protection Agency, 345 Courtland Street NE., Atlanta,
Georgia 30365; (404) 347-3555 vmx 2018.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under Section 3006(b) of the
Resource Conservation and Recovery Act (``RCRA'' or ``the Act''), 42
U.S.C. 6926(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. In addition, as an
interim measure, the Hazardous and Solid Waste Amendments of 1984
(Public Law 98-616, November 8, 1984, hereinafter ``HSWA'') allows
States to revise their programs to become substantially equivalent
instead of equivalent to RCRA requirements promulgated under HSWA
authority. States exercising the latter option receive ``interim
authorization'' for the HSWA requirements under Section 3006(g) of
RCRA, 42 U.S.C. 6926(g), and later apply for final authorization for
the HSWA requirements.
Revisions to State hazardous waste programs are necessary when
Federal or State statutory or regulatory authority is modified or when
certain other changes occur. Most commonly, State program revisions are
necessitated by changes to EPA's regulations in 40 CFR Parts 260-268
and 124 and 270.
B. Kentucky
Kentucky initially received final authorization for its base RCRA
program effective on January 31, 1985. Kentucky has received
authorization for revisions to its program on March 13, 1995, December
19, 1988, March 20, 1989, May 15, 1989, and November 30, 1992. In
August 1994, Kentucky submitted a program revision application for
additional program approvals. Today, Kentucky is seeking approval of
its program revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Kentucky's application and has made an immediate
final decision that Kentucky's hazardous waste program revisions
satisfy all of the requirements necessary to qualify for final
authorization. Consequently, EPA intends to grant final authorization
for the additional program modifications to Kentucky. The public may
submit written comments on EPA's immediate final decision up until June
24, 1996.
Copies of Kentucky's application for these program revisions are
available for inspection and copying at the locations indicated in the
``Addresses'' section of this notice.
Approval of Kentucky's program revisions shall become effective
July 22, 1996, unless an adverse comment
[[Page 25800]]
pertaining to the State's revisions discussed in this notice is
received by the end of the comment period.
If an adverse comment is received EPA will publish either (1) a
withdrawal of the immediate final decision or (2) a notice containing a
response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
EPA shall administer any RCRA hazardous waste permits, or portions
of permits that contain conditions based upon the Federal program
provisions for which the State is applying for authorization and which
were issued by EPA prior to the effective date of this authorization.
EPA will suspend issuance of any further permits under the provisions
for which the State is being authorized on the effective date of this
authorization.
Kentucky is today seeking authority to administer the following
Federal requirements promulgated between July 1, 1987, and June 30,
1992.
----------------------------------------------------------------------------------------------------------------
FR
Checklist Federal requirement promulgation HSWA or FR reference State authority
date
----------------------------------------------------------------------------------------------------------------
42.................. Exception Reporting 9/23/87 52 FR 35894 KRS 224.46-570; 401 KAR
for Small Quantity 32:040Sec. 3(1)-(2).
Generators of
Hazardous Waste.
44A................. Permit Application 12/1/87 52 FR 45788 KRS 224.46-520; 401 KAR
Requirements 38:100Sec. 2-3.
Regarding Corrective
Action.
44B................. Corrective Action 12/1/87 52 FR 45788 KRS 224.46-520; KRS 224.46-
Beyond Facility 530(1)(e),(f),(h),
Boundary. (i),(2); 401 KAR
34:060Sec. 11(5)(a)-(b);
12(3).
44C................. Corrective Action for 12/1/87 52 FR 45788 KRS 224.46-520; KRS 224.46-
Injection Wells. 530(1)(e), (f), (h), (i),
(2); 401 KAR 35:010; 401
KAR 38:060;Sec. 1(2)(c)1;
1(2)(c)2.
44D................. Permit Modification... 12/1/87 52 FR 45788 KRS 224.46-520(1)&(2); KRS
224.46-530(1)(g)&(2); 401
KAR 38:040Sec. 2(1)(c).
44E................. Permit as a Shield 12/1/87 52 FR 45788 KRS 224.46-520(1)&(2); KRS
Provision. 224.46-530(1)(a)-(c); 401
KAR 38:010Sec. 3(1).
44F................. Permit Conditions to 12/1/87 52 FR 45788 KRS 224.46-305; KRS 224.46-
Protect Human Health 520(1)(b)-(c), (2) & (4);
and the Environment. KRS 224.46-530(1)(f),(h) &
(2); 401 KAR 38:070Sec.
10.
44G................. Post Closure Permits.. 12/1/87 52 FR 45788 KRS 224.46-520; KRS 224.46-
530; 401 KAR 38:010Sec.
1(2).
67.................. Testing and Monitoring 9/29/89 54 FR 40260 KRS 224.46-510(3); KRS
Activities. 224.46-530; 401 KAR
30:010Sec. 3; 401 KAR
31:120Sec. 1(4).
68.................. Reportable Quantity 10/6/89 54 FR 41402 KRS 224.46-510(3); KRS
Adjustment. 224.46-530(1)(n); 401 KAR
31:030Sec. 1(2), 2(2),
3(2), 4(2); 401 KAR
31:040Sec. 2(1), 3 &
4(5); 401 KAR 31:120Sec.
1(4); 401 KAR 31:160Sec.
1; 401 KAR 31:170Sec. 1.
72.................. Modifications of F019 2/14/90 55 FR 5340 KRS 224.46-510(3); KRS
Listing. 224.46-530(1)(n); 401 KAR
31:030Sec. 1(2),2(2),3(2)
,4(2); 401 KAR 31:040Sec.
2(1), 3 & 4(5); 401 KAR
31:120Sec. 1(4); 401 KAR
31:160Sec. 1; 401 KAR
31:170Sec. 1.
73.................. Testing and Monitoring 3/9/90 55 FR 8948 KRS 224.46-510(3); KRS
Activities; Technical 224.46-530; 401 KAR
Corrections. 30:010Sec. 3; 401 KAR
30:120Sec. 1(4).
75.................. Listing of 1, 1- 5/2/90 55 FR 18496 KRS 224.46-510(3); KRS
Dimethylhydrazine 224.46-530(1)(n); 401 KAR
Production Wastes. 31:030Sec. 1(2),2(2),3(2)
,4(2); 401 KAR 31:040Sec.
2(1), 3, & 4(5); 401 KAR
31:120Sec. 1(4); 401 KAR
31:160Sec. 1; 401 KAR
31:170Sec. 1.
76.................. Criteria for Listing 5/4/90 55 FR 18726 KRS 224.46-510(3); 401 KAR
Toxic Wastes; 31:020Sec. 2(1)(c).
Technical Amendment.
77.................. HSWA Codification 5/9/90 55 FR 19262 KRS 224.46-520; KRS 224.46-
Rule; Double Liners; 530(1)(f), (h), & (i); 401
Correction. KAR 34:200Sec. 2(3); 401
KAR 34:230Sec. 2(4).
80.................. Toxicity 10/5/90 55 FR 40834 KRS 224.46-510(3); 401 KAR
Characteristic; 31:010Sec. 4(2)(k).
Hydrocarbon Recovery
Operations (HSWA).
81.................. Petroleum Refinery 11/2/90 55 FR 46354 KRS 224.46-510(3); KRS
Primary and Secondary 224.46-530; 401 KAR
Oil/Water/Solids 31:040Sec. 2(2).
Separation Sludge
Listings (F037 and
F038).
84.................. Toxicity 2/13/91 56 FR 5910 KRS 224.46-510(3); KRS
Characteristic; 224.46-530(1)(n) & (2);
Chlorofluorocarbon 401 KAR 31:010Sec.
Refrigerants. 4(2)(1).
86.................. Removal of Strontium 2/25/91 56 FR 7567 KRS 224.46-510(3); KRS
Sulfide from the List 224.46-530(1)(n); 401 KAR
of Hazardous Waste; 31:030Sec. 1(2),2(2),3(2)
Technical Amendment. & 4(2); 401 KAR 31:040Sec.
2(1), 3, & 4(5); 401 KAR
31:120Sec. 1(4); 401 KAR
31:160Sec. 1; 401 KAR
31:170Sec. 1.
88.................. Administrative Stay 5/1/91 56 FR 19951 KRS 224.46-510(3); KRS
for K069 Listing. 224.46-530(1)(n); 401 KAR
31:030Sec. 1(2),2(2),3(2)
& 4(2); 401 KAR 31:040Sec.
2(1), 3, & 4(5); 401 KAR
31:120Sec. 1(4); 401 KAR
31:160Sec. 1; 401 KAR
31:170Sec. 1.
89.................. Revision to F037 and 5/13/91 56 FR 21955 KRS 224.46-510(3); KRS
F038 Listings. 224.46-530(1)(n); 401 KAR
31:030Sec. 1(2),2(2),3(2)
& 4(2); 401 KAR 31:040Sec.
2(1), 3, & 4(5); 401 KAR
31:120Sec. 1(4); 401 KAR
31:160Sec. 1; 401 KAR
31:170Sec. 1.
97.................. Exports of Hazardous 9/4/91 56 FR 43704 KRS 224.46-510(a), (d)-(g);
Waste; Technical 401 KAR 32:050Sec. 4(2),
Correction. & 7(2).
[[Page 25801]]
99.................. Amendments to Interim 12/23/91 56 FR 66365 KRS 224.46-520(1); KRS
Status Standards for 224.46-530(1)(h)-(i) & 2;
Downgradient Ground- 401 KAR 35:060Sec.
Water Monitoring Well 2(1)(c).
Locations.
104................. Used Oil Filter 5/20/92 57 FR 21524 KRS 224.46-510(3); KRS
Exclusion. 224.46-530(1)(n); 401 KAR
31:010Sec. 4(2)(m).
105................. Recycled Coke By- 6/22/92 57 FR 27880 KRS 224.46-510(3); KRS
Product Exclusion. 224.46-530(1)(n); 401 KAR
31:010Sec. 4(1)(j).
----------------------------------------------------------------------------------------------------------------
C. Decision
I conclude that Kentucky's application for these program revisions
meet all of the statutory and regulatory requirements established by
RCRA. Accordingly, Kentucky is granted final authorization to operate
its hazardous waste program as revised.
Kentucky now has responsibility for permitting treatment, storage,
and disposal facilities within its borders and carrying out other
aspects of the RCRA program, subject to the limitations of its program
revision application and previously approved authorities. Kentucky also
has primary enforcement responsibilities, although EPA retains the
right to conduct inspections under Section 3007 of RCRA and to take
enforcement actions under Section 3008, 3013, and 7003 of RCRA.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When a written statement is needed for an EPA rule, section
205 of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, giving
them meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising them on compliance with the
regulatory requirements.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local and tribal governments, in the aggregate, or the private
sector in any one year. EPA does not anticipate that the approval of
Kentucky's hazardous waste program referenced in today's notice will
result in annual costs of $100 million or more.
EPA's approval of state programs generally has a deregulatory
effect on the private sector because once it is determined that a state
hazardous waste program meets the requirements of RCRA section 3006(b)
and the regulations promulgated thereunder at 40 CFR Part 271, owners
and operators of hazardous waste treatment, storage, or disposal
facilities (TSDFs) may take advantage of the flexibility that an
approved state may exercise. Such flexibility will reduce, not increase
compliance costs for the private sector. Thus, today's rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The Agency recognizes that small governments may own and/
or operate TSDFs that will become subject to the requirements of an
approved state hazardous waste program. However, such small governments
which own and/or operate TSDFs are already subject to the requirements
in 40 CFR Parts 264, 265, and 270. Once EPA authorizes a state to
administer its own hazardous waste program and any revisions to that
program, these same small governments will be able to own and operate
their TSDFs with increased levels of flexibility provided under the
approved state program.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
Kentucky's program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This notice is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
(42 U.S.C. 6912(a), 6926, 6974(b)).
Dated: May 14, 1996.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 96-12887 Filed 5-22-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-12886 Tennessee; Final Authorization of Revisions to State Hazardous Waste Management Program
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25796-25799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12886]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5508-4]
Tennessee; Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Tennessee has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Tennessee's revisions consist of the provisions
contained in rules promulgated between November 8, 1984, and June 30,
1987, otherwise known as HSWA Cluster I. These requirements are listed
in Section B of this notice. The Environmental Protection Agency (EPA)
has reviewed Tennessee's application and has made a decision, subject
to public review and comment, that Tennessee's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. Thus, EPA intends to approve Tennessee's hazardous
waste program revisions. Tennessee's application for program revisions
are available for public review and comment.
DATES: Final authorization for Tennessee's program revisions shall be
effective July 22, 1996, unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule. All comments on
Tennessee's program revision application must be received by the close
of business, June 24, 1996.
ADDRESSES: Copies of Tennessee's program revision application are
available during normal business hours at the following addresses for
inspection and copying: Tennessee Department of Environment and
Conservation, 5th Floor, L & C Tower, 401 Church Street, Nashville,
Tennessee 37243-1535; U.S. EPA Region 4, Library, 345 Courtland Street,
NE, Atlanta, Georgia 30365; (404) 347-4216. Written comments should be
sent to Al Hanke at the address listed below.
FOR FURTHER INFORMATION CONTACT: Al Hanke, Chief, State Programs
Section, Waste Programs Branch, Waste Management Division, U.S.
Environmental Protection Agency, 345 Courtland Street, NE, Atlanta,
Georgia 30365; (404) 347-2234.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under Section 3006(b) of the
Resource Conservation and Recovery Act (``RCRA'' or ``the Act''), 42
U.S.C. 6926(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. In addition, as an
interim measure, the Hazardous and Solid Waste Amendments of 1984
(Public Law 98-616, November 8, 1984, hereinafter ``HSWA'') allows
States to revise their programs to become substantially equivalent
instead of equivalent to RCRA requirements promulgated under HSWA
authority. States exercising the latter option receive ``interim
authorization'' for the HSWA requirements under Section 3006(g) of
RCRA, 42 U.S.C. 6926(g), and later apply for final authorization for
the HSWA requirements. Revisions to State hazardous waste programs are
necessary when Federal or State statutory or regulatory authority is
modified or when certain other changes occur. Most commonly, State
program revisions are necessitated by changes to EPA's regulations in
40 CFR Parts 260-268 and 124 and 270.
B. Tennessee
Tennessee initially received final authorization for its base RCRA
program effective on February 5, 1985. Tennessee has received
authorization for revisions to its program on August 11, 1987, October
1, 1991, July 31, 1992, and October 23, 1995. On August 14, 1995,
Tennessee submitted a program revision application for additional
program approvals. Today, Tennessee is seeking approval of its program
revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Tennessee's application and has made an immediate
final decision that Tennessee's hazardous waste program revisions
satisfy all of the requirements necessary to qualify for final
authorization. Consequently, EPA intends to grant final authorization
for the additional program modifications to Tennessee. The public may
submit written comments on EPA's immediate final decision up until June
24, 1996.
Copies of Tennessee's application for these program revisions are
available for inspection and copying at the locations indicated in the
``Addresses'' section of this notice.
Approval of Tennessee's program revisions shall become effective
July 22, 1996, unless an adverse comment pertaining to the State's
revisions discussed in this notice is received by the end of the
comment period.
If an adverse comment is received EPA will publish either (1) a
withdrawal of the immediate final decision or (2) a notice containing a
response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
EPA shall administer any RCRA hazardous waste permits, or portions
of permits that contain conditions based upon the Federal program
provisions for which the State is applying for authorization and which
were issued by EPA prior to the effective date of this authorization.
EPA will suspend issuance of any further permits under the provisions
for which the State is being authorized on the effective date of this
authorization.
Tennessee is today seeking authority to administer the following
Federal requirements promulgated on November 8, 1984-June 30, 1987.
[[Page 25797]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
FR
Checklist Federal requirement FR reference promulgation State authority
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
14....................... Dioxin Waste Listing and 50 FR 1978 1/14/85 TCA 68-212-106(a)(1); 68-212-107(d)(3);
Management Standards. TRC 1200-1-11-.02(1)(e) & (g); .02(4)(a);
.02(5)(a); .06(9)(a); .06(10)(a); .06(11)(a);
.06(12)(a); .06(13)(a); .06(14)(a); .06(15)(a);
.05(1)(c)1(i); .05(15)(a)4; .05(16)(a)4;
.07(5)(a)&(b).
16....................... Paint Filter Test............ 50 FR 18370 4/30/85 TCA 68-212-106(a)(1); 68-212-107(d)(1);
TRC 1200-1-11-.06(2)(a); .06(5)(a)1; .06(14)(a)1;
.05(2)(a)1; .06(5)(a)1; .05(14)(a).
17A...................... Small Quantity Generators.... 50 FR 28702 7/15/85 TCA 68-212-104(7); 68-212-106(a)(1); 68-212-
107(d)(1);
TRC 1200-1-11-.02(1)(e).
17C...................... Household Waste.............. 50 FR 28702 7/15/85 TCA 68-212-104(7); 68-212-106(a)(1); 68-212-
107(d)(1);
TRC 1200-1-11-.02(1)(d)(2)(i).
17D...................... Waste Minimization........... 50 FR 28702 7/15/85 TCA 68-212-107(d)(3); 68-212-107(d)(4); 68-212-
107(d)(6);
TRC 1200-1-11-.03(5)(b)1(iv)-(vi); .03(3)(a);
.06(5)(a); .07(8)(a)10(ii); .07(3)(a).
17E...................... Location Standards for Salt 50 FR 28702 7/15/85 TCA 68-212-107(d)(3); 68-212-107(d)(9);
Domes, Salt Beds, TRC 1200-1-11-.06(2)(a)1.
Underground Mines and Caves.
17F...................... Liquids in Landfills......... 50 FR 28702 7/15/85 TCA 68-212-107(d)(3);
TRC 1200-1-11-.06(14)(a); .07(5)(b).
17G...................... Dust Suppression............. 50 FR 28702 7/15/85 TCA 68-212-106(a)(2); 68-212-106(a)(3); 68-212-
107(d)(3);
TRC 1200-1-11-.09(1)(a).
17H...................... Double Liners................ 50 FR 28702 7/15/85 TCA 68-212-107(d)(3);
TRC 1200-1-11-.06(11)(a); .06(14)(a); .05(11)(a);
.05(12)(a); .05(14)(a).
17I...................... Ground-Water Monitoring...... 50 FR 28702 7/15/85 TCA 68-212-107(d)(3); 68-212-108(a)(2);
TRC 1200-1-11-.06(6)(a); .06(11)(a); .06(12)(a);
.06(14)(a)1.
17J...................... Cement Kilns................. 50 FR 28702 7/15/85 TCA 68-212-104(15); 68-212-105(2); 68-212-
107(d)(3);
TRC 1200-1-11-.02(1)(f); .02(4)(a); .09(1)(a).
17K...................... Fuel Labeling................ 50 FR 28702 7/15/85 TCA 68-212-104(15); 68-212-105(2); 68-212-
107(d)(3);
TRC 1200-1-11-.09(1)(a).
17M...................... Pre-Construction Ban......... 50 FR 28702 7/15/85 TCA 68-212-107(d)(3); 68-212-107(d)(4);
TRC 1200-1-11-.07(2)(c)1; .07(2)(c)4.
17N...................... Permit Life.................. 50 FR 28702 7/15/85 TCA 68-212-107(d)(3); 68-212-107(d)(4);
TRC 1200-1-11-.07(9)(c)3(xiii); .07(8)(c)4.
17O...................... Omnibus Provision............ 50 FR 28702 7/15/85 TCA 68-212-107(d)(3); 68-212-107(d)(4); 68-212-
108(a)(1);
TRC 1200-1-11-.07(8)(b).
17P...................... Interim Status............... 50 FR 28702 7/15/85 TCA 68-212-107(d)(3); 68-212-107(d)(4); 68-212-
107(d)(9); 68-212-108(a)(1);
TRC 1200-1-11-.07(2)(a)1-3; .07(2)(b)1;
.07(2)(b)5; .07(8)(a)10(ii); .07(3)(a).
17Q...................... Research and Development 50 FR 28702 7/15/85 TCA 68-212-107(d)(3)&(4); 68-212-108(a)(1)&(b);
Permits. TRC 1200-1-11-.07(2)(a)1; .07(1)(g).
17R...................... Hazardous Waste Exports...... 50 FR 28702 7/15/85 TCA 68-212-107(d)(5);
TRC 1200-1-11-.03(6)(a)1.
17S...................... Exposure Information......... 50 FR 28702 7/15/85 TCA 68-212-107(d)(4);
TRC 1200-1-11-.07(2)(a)3; .07(2)(f).
18....................... Listing of TDI, TDA, DNT..... 50 FR 42936 10/23/85 TCA 68-212-104(7); 68-212-106(a)(1); 68-212-
107(d)(1);
TRC 1200-1-11-.02(4)(a); .02(5)(a)1.
19....................... Burning of Waste Fuel and 50 FR 49164 11/29/85 TCA 68-212-106(a)(1); 68-212-107(d)(1); 68-212-
Used Oil Fuel in Boilers and 107(d)(3);
Industrial Furnaces. TRC 1200-1-11-.02(1)(c)3(ii)(II)II; .02(1)(e);
.02(1)(f); .06(15)(a); .05(15)(a)1.
20....................... Listing of Spent Solvents.... 50 FR 53315 12/31/85 TCA 68-212-104(7); 68-212-106(a)(1); 68-212-
107(d)(1);
TRC 1200-1-11-.02(4)(a).
21....................... Listing of EDB Waste......... 51 FR 5327 2/13/86 TCA 68-212-104(7); 68-212-106(a)(1); 68-212-
107(d)(1);
TRC 1200-1-11-.02(4)(a); .02(5)(a).
22....................... Listing of Four Spent 51 FR 6537 2/25/86 TCA 68-212-104(7); 68-212-106(a)(1); 68-212-
Solvents. 107(d)(1);
TRC 1200-1-11-.02(4)(a)
23....................... Generators of 100 to 1000 kg 51 FR 10146 3/24/86 TCA 68-212-104(7); 68-212-106(a)(1); 68-212-
Hazardous Waste. 107(d)(1);
TRC 1200-1-11-.01(2)(a); .02(1)(a); .02(1)(e);
.02(4)(a); .03(3)(a); .03(4)(e)2,6-8; .03(5)(d);
.04(3)(a); .07(1)(b)4(i); .07(2)(B)1(iii).
25....................... Codification Rule; Technical 51 FR 19176 5/28/86 TCA 68-212-106(a)(1); 68-212-107(d)(1);
Correction. TRC 1200-1-11-.05(14)(a).
30....................... Biennial Report; Correction.. 51 FR 28556 8/8/86 TCA 68-212-107(d)3,4,&6; 68-212-105(4);
TRC 1200-1-11-.06(5)(b)7-9;
.05(5)(a)5(vi)&(viii).
31....................... Exports of Hazardous Waste... 51 FR 28664 8/8/86 TCA 68-212-107(d)5;
[[Page 25798]]
TRC 1200-1-11-.02(1)(e)&(f); .03(5)(b)1;
.03(5)(b)1(iii)(III)I-III; .03(5)(b)3;
.03(6)(a)1; .03(7)(a)1; .03(1)(a)7; .03(3)(a);
.04(3)(a).
32....................... Standards for Generators; 51 FR 35190 10/1/86 TCA 68-212-104(7)-(8); 68-212-106(a)(1)&(3); 68-
Waste Minimization 212-107(d)(1)-(4)&(6);
Certifications. TRC 1200-1-11-.03(3)(a).
33....................... Listing of EBDC.............. 51 FR 37725 10/24/86 TCA 68-212-104(7); 68-212-106(a)(1); 68-212-
107(d)(1);
TRC 1200-1-11-.02(4)(a); .02(5)(a).
34....................... Land Disposal Restrictions... 51 FR 40572 11/7/86 TCA 68-212-106(a)(1); 68-212-107(d);
TRC 1200-1-11-.01(1)(a)&(b); .01(2)(a);
.01(3)(a)1; .02(1)(a); .02(1)(d)3(i);
.02(1)(d)4(i); .02(1)(e)-(g); .02(3)(a);
.02(4)(a); .03(1)(b); .04(1)(c); .06(1)(b)7;
.06(2)(a); .06(5)(a); .05(1)(b)1; .05(2)(a)1;
.05(5)(a)1; .10(1)(a)1-5; .10(2)(a); .10(3)(a);
.10(3)(a)4; .10(4)(a); .10(5)(a); .07(5)(a)1;
.07(8)(b); .07(9)(c)5.
SR2...................... Variance under Sec. 3005(j) HSWA Sec. 3005(j) (2)-(9) TCA 68-212-104(7); 68-212-106(a)(1)&(2); 68-212-
(2)-(9) and (13). 107(a); 68-212-107(d)(3)&(9);
TRC 1200-1-11-.01(2)(a); .02(1)(c)1(ii)(III);
.02(1)(c)3(ii)(II)III; .02(1)(c)6;
.02(1)(c)6(i); .02(1)(c)6(ii);
.03(4)(e)2(i)(III); .03(4)(e)2(i)(III)II;
.03(4)(e)2(i)(IV); .03(4)(e)2(i)(IV)I;
.03(4)(e)2(i)(IV)II; .03(4)(e)2(ii); .06(7)(a);
.06(8)(a); .06(8)(c); .06(32)(a); .05(7)(a);
.05(8)(a); .05(8)(c); .05(11)(a); .05(30)(a);
.10(1)(a); .10(1)(a)4; .10(1)(a)5; .10(1)(a)9;
.10(1)(b)2; .10(2)(a); .10(3)(a); .10(4)(a);
.10(5)(a); .07(4)(a)15; .07(5)(a); .07(9)(c)5;
.07(10)(a); .07(3)(a).
BB....................... Exceptions to the Burning and HSWA Sec. 3004(q) (2)(A) TCA 68-212-104(7); 68-212-106(a)(1); 68-212-
Blending of Hazardous Waste. Sec. 3004(r) (2) & (3) 107(d)(1);
TRC 1200-1-11-.01(2)(a); .01(3)(a)1; .02(1)(b);
.06(1)(b)2(ii); .05(1)(b)2(iii); .09(1)(a)
CP....................... Hazardous and Used Oil Fuel HSWA Sec. 3006(h) Sec. TCA 68-212-106(a)(1); 68-212-107(d)(1)&(3).
Criminal Penalties. 3008(d) Sec. 3014
--------------------------------------------------------------------------------------------------------------------------------------------------------
C. Decision
I conclude that Tennessee's application for these program revisions
meet all of the statutory and regulatory requirements established by
RCRA. Accordingly, Tennessee is granted final authorization to operate
its hazardous waste program as revised.
Tennessee now has responsibility for permitting treatment, storage,
and disposal facilities within its borders and carrying out other
aspects of the RCRA program, subject to the limitations of its program
revision application and previously approved authorities. Tennessee
also has primary enforcement responsibilities, although EPA retains the
right to conduct inspections under Section 3007 of RCRA and to take
enforcement actions under Sections 3008, 3013, and 7003 of RCRA.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When a written statement is needed for an EPA rule, section
205 of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, giving
them meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising them on compliance with the
regulatory requirements.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local and tribal governments, in the aggregate, or the private
sector in any one year. EPA does not anticipate that the approval of
Tennessee's hazardous waste program referenced in today's notice will
result in annual costs of $100 million or more.
EPA's approval of state programs generally have a deregulatory
effect on the private sector because once it is determined that a state
hazardous waste program meets the requirements of RCRA section 3006(b)
and the regulations promulgated thereunder at 40 CFR Part 271, owners
and operators of hazardous waste treatment, storage, or disposal
facilities (TSDFs) may take advantage of the flexibility that an
approved state may exercise. Such
[[Page 25799]]
flexibility will reduce, not increase compliance costs for the private
sector. Thus, today's rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The Agency recognizes that small governments may own and/
or operate TSDFs that will become subject to the requirements of an
approved state hazardous waste program. However, such small governments
which own and/or operate TSDFs are already subject to the requirements
in 40 CFR Parts 264, 265, and 270. Once EPA authorizes a state to
administer its own hazardous waste program and any revisions to that
program, these same small governments will be able to own and operate
their TSDFs with increased levels of flexibility provided under the
approved state program.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
Tennessee's program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This notice is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
(42 U.S.C. 6912(a), 6926, 6974(b)).
Dated: May 14, 1996.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 96-12886 Filed 5-22-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-12883 Customs/INS Field Organizations; Revocations and Designation of International Airport Status for Customs Services and Ports of Entry for Aliens Arriving by Aircraft
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25776-25778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12883]
=======================================================================
-----------------------------------------------------------------------
[[Page 25777]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 100
[INS No. 1677-94]
RIN 1115-AD84
DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 122
[T.D. 96-44]
RIN 1515-AB64
Customs/INS Field Organizations; Revocations and Designation of
International Airport Status for Customs Services and Ports of Entry
for Aliens Arriving by Aircraft
AGENCIES: Immigration and Naturalization Service, Justice; Customs
Service, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the regulations of both the Customs
Service (Customs) and the Immigration and Naturalization Service (the
Service) pertaining to their respective field organizations. The
document removes Eagle Pass Municipal Airport located in Eagle Pass,
Texas, as an international airport for Customs purposes and as a port
of entry for aliens arriving by vessel or by land transportation for
Service purposes. This document also designates Maverick County Airport
located in Maverick County, Texas, as a new international airport for
Customs purposes and as a port of entry for aliens arriving by vessel,
land transportation, or by aircraft for Service purposes. These changes
will assist both agencies in their continuing efforts to achieve more
efficient use of their personnel, facilities, and resources, and to
provide better service to carriers, importers, and the general public.
EFFECTIVE DATE: June 24, 1996.
FOR FURTHER INFORMATION CONTACT:
At Customs Service--Priscilla Frink, Passenger Operations Division,
Office of Field Operations, (202) 927-1323;
At Immigration and Naturalization Service--Andrea Sickler, Assistant
Chief Inspector, Office of Inspections, Immigration and Naturalization
Service, 425 I Street, N.W., Room 7228, Washington, D.C. 20536, (202)
616-7993.
SUPPLEMENTARY INFORMATION:
Background
On March 27, 1995, the Customs Service (Customs) and the
Immigration and Naturalization Service (the Service) published a joint
notice of proposed rulemaking in the Federal Register (60 FR 15703)
that solicited comments concerning proposals to amend their respective
regulations regarding their field organizations. Customs proposed
amending Sec. 122.13 of the Customs Regulations (19 CFR 122.13), which
lists international airports, to reflect (1) The revocations of
international airport designations for Ranier International Seaplane
Base located in Ranier, Minnesota, and Eagle Pass Municipal Airport
located in Eagle Pass, Texas, and (2) the designation of Maverick
County Airport located in Maverick County, Texas, as an international
airport. Similarly, the Service proposed amending 8 CFR 100.4(c)(2) and
(3) which pertain to ports of entry for aliens arriving by vessel, land
transportation, or by aircraft, to reflect (1) The removal of the same
two ports of entry (Ranier International Seaplane Base in the Service
District of St. Paul, Minnesota, and Eagle Pass Municipal Airport in
the Service District of San Antonio, Texas), and (2) the designation of
Maverick County Airport as a port of entry for the processing of aliens
arriving by vessel, land transportation, or by aircraft.
At the time of drafting the joint notice of proposed rulemaking it
was believed that the proposed changes to the field organizations of
the two agencies would not result in any significant reduction in
Customs/Immigration services in those areas. Future Minnesota
transactions were to be handled at either Sky Harbor Airport or Crane
Lake Seaplane Base, both landing rights airports. Future Texas
transactions were to be handled at Maverick County Airport, also a
landing rights airport, which was to be designated as an international
airport for Customs purposes and a port of entry for Service purposes.
The public comment period for the proposed amendments closed May 26,
1995.
Discussion of Comments
Ranier
Two comments were received, both protesting the revocation/
withdrawal of the international airport/port of entry designation for
Ranier International Seaplane Base located in Ranier, Minnesota. Both
comments stated that revocation of the Ranier International Seaplane
Base would be inappropriate because the facility was important to the
commercial and private seaplane traffic crossing at the Ontario and
Northern Minnesota borders. Accordingly, after further consideration of
the matter and discovering that the community has taken action to
improve the inspection facilities at the Seaplane Base and to eliminate
unsafe working conditions, Customs and the Service have decided to
withdraw their proposal regarding the revocation/withdrawal of
international airport/port of entry status for Ranier International
Seaplane Base, Minnesota.
Eagle Pass/Maverick
No comments were received regarding the: (1) Revocation/withdrawal
of the international airport/port of entry status for Eagle Pass
Municipal Airport, Texas, and the (2) designation of Maverick County
Airport, Texas, as an international airport/port of entry. Accordingly,
after further consideration of this matter, Customs and the Service
have decided to proceed with the final rule respecting this change in
their field organization. However, it will not be necessary to amend 8
CFR 100.4(c)(3) to remove ``Eagle Pass, TX, Eagle Pass Airport'' as a
port of entry for aliens arriving by aircraft, since this action has
already been accomplished by the Service in a final rule published on
November 14, 1995, at 60 FR 57165.
Conclusion
Accordingly, Customs and the Service are amending their respective
regulations regarding the: (1) Revocation/withdrawal of the
international airport/port of entry status for Eagle Pass Municipal
Airport, Texas, and the (2) designation of Maverick County Airport,
Texas, as an international airport/port of entry. The International
Seaplane Base located in Ranier, Minnesota, will continue to provide
Customs and Immigration services.
Authority
This change is proposed under the authority of 5 U.S.C. 301, 8
U.S.C. 1103, and 19 U.S.C. 2, 66, and 1624.
Inapplicability of the Regulatory Flexibility Act and Executive
Orders 12606, 12612, and 12866
Although the joint notice of proposed rulemaking published
solicited public comments, because these regulatory amendments relate
to agency management and organization matters, pursuant to the
provisions of 5 U.S.C. 553(a)(2), they are not subject to the notice
and public procedure requirements. Accordingly, this document is not
subject to the provisions of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Pursuant to the provisions of E.O. 12606, the Commissioners of
Customs and the Immigration and Naturalization Service certify that
they have assessed these amendments in light of the criteria
[[Page 25778]]
set forth in that E.O., and determined that this regulation will not
have a significant impact on family formation, maintenance, and general
well-being.
Pursuant to the provisions of E.O. 12612, it is certified that this
regulation has been assessed in light of the principles, criteria, and
requirements specified in that E.O. and that they will not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government. Therefore,
the preparation of a Federalism Assessment is not warranted.
This document does not meet the criteria for a ``significant
regulatory action'' as defined in E.O. 12866.
Drafting Information
The principal author of this document was Gregory R. Vilders,
Attorney, Office of Regulations and Rulings, U.S. Customs Service;
however, personnel from other offices and agencies participated in its
development.
List of Subjects
8 CFR Part 100
Administrative practice and procedure, Organizations and functions
(Government agencies).
19 CFR Part 122
Administrative practice and procedure, Air carriers, Aircraft,
Airports, Air transportation, Baggage, Customs duties and inspection,
Drug traffic control, Imports, Reporting and recordkeeping
requirements.
Amendments to the Regulations
Accordingly, part 100 of chapter I of title 8 of the Code of
Federal Regulations and part 122 of chapter I of title 19 of the Code
of Federal Regulations are amended as follows:
Title 8--Aliens and Nationality
PART 100--STATEMENT OF ORGANIZATION
1. The authority citation for part 100 continues to read as
follows:
Authority: 8 U.S.C. 1103; 8 CFR part 2.
Sec. 100.4 [Amended]
2. In Sec. 100.4, paragraph (c)(2) is amended by:
a. Removing ``Eagle Pass, TX'' from the Class A listing under
District No. 14--San Antonio, Texas; and by
b. Adding, in proper alphabetical sequence, ``Maverick, TX'' to the
Class A listing under District No. 14--San Antonio, Texas.
3. In Sec. 100.4, paragraph (c)(3) is amended by adding, in proper
alphabetical sequence, ``Maverick, TX, Maverick County Airport'' to the
Class A listing under District No. 14--San Antonio, Texas.
Title 19--Customs Duties
PART 122--AIR COMMERCE REGULATIONS
1. The authority citation for part 122 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1433, 1436, 1459,
1590, 1594, 1623, 1624, 1644,; 49 U.S.C. app. 1509.
Sec. 122.13 [Amended]
2. In Sec. 122.13, the list of international airports is amended by
removing ``Eagle Pass, Tex.--Eagle Pass Municipal Airport'' and adding,
in appropriate alphabetical order, ``Maverick, Tex.--Maverick County
Airport''.
Approved: May 2, 1996.
George J. Weise,
Commissioner of Customs.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
April 12, 1996.
Doris Meissner,
Commissioner of Immigration and Naturalization Service.
[FR Doc. 96-12883 Filed 5-22-96; 8:45 am]
BILLING CODE 4820-02-P
Complete official Federal Register PDF
FR Doc. 96-12876 Implantation or Injectable Dosage Form New Animal Drugs; Tolazoline Hydrochloride Injection
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25784-25785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12876]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 522
Implantation or Injectable Dosage Form New Animal Drugs;
Tolazoline Hydrochloride Injection
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a new animal drug application
(NADA) filed by Lloyd, Inc. The NADA provides for intravenous use of
tolazoline hydrochloride injection in horses when it is desirable to
reverse the effects of sedation and analgesia caused by xylazine.
EFFECTIVE DATE: May 23, 1996.
FOR FURTHER INFORMATION CONTACT: Sandra K. Woods, Center for Veterinary
Medicine (HFV-114), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301-594-1616.
SUPPLEMENTARY INFORMATION: Lloyd, Inc., 604 W. Thomas Ave., Shenandoah,
IA 51601, filed NADA 140-994, which provides for intravenous use of
TolazineTM Injection (each milliliter contains tolazoline
hydrochloride equivalent to 100 milligrams of base activity) in horses
when it is desirable to reverse the effects of sedation and analgesia
caused by xylazine. The drug is limited to use on or by the order of a
licensed veterinarian. The NADA is approved as of April 19, 1996, and
the regulations are amended in part 522 (21 CFR part 522) by adding new
Sec. 522.2474 to reflect the approval. The basis of approval is
discussed in the freedom of information summary.
In accordance with the freedom of information provisions of part 20
(21 CFR part 20) and Sec. 514.11(e)(2)(ii) (21 CFR 514.11(e)(2)(ii)), a
summary of safety and effectiveness data and information submitted to
support approval of this application may be seen in the Dockets
Management Branch (HFA-305), Food and Drug Administration, 12420
Parklawn Dr., rm. 1-23, Rockville, MD 20857, between 9 a.m. and 4 p.m.,
Monday through Friday.
-Under section 512(c)(2)(F)(i) of the Federal Food, Drug, and
Cosmetic Act (the act) (21 U.S.C. 360b(c)(2)(F)(i)), this approval
qualifies for a 5-year period of marketing exclusivity beginning April
19, 1996, because no active ingredient (including any ester or salt of
the active ingredient) has been approved in any other application under
section 512(b)(1) of the act.
The agency has carefully considered the potential environmental
effects of this action. FDA has concluded that the action will not have
a significant impact on the human environment, and that an
environmental impact statement is not required. The agency's finding of
no significant impact and the evidence supporting that finding,
contained in an environmental assessment, may be seen in the Dockets
Management Branch (address above) between 9 a.m. and 4 p.m., Monday
through Friday.
[[Page 25785]]
List of Subjects 21 CFR Part 522
-Animal drugs.
-Therefore, under the Federal Food, Drug, and Cosmetic Act and
under authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is
amended as follows:
PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
-1. The authority citation for 21 CFR part 522 continues to read as
follows:
-Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
-2. New Sec. 522.2474 is added to read as follows:
Sec. 522.2474 Tolazoline hydrochloride injection.
-(a) Specifications. Each milliliter of sterile aqueous solution
contains tolazoline hydrochloride equivalent to 100 milligrams of base
activity.
-(b) Sponsor. See No. 061690 in Sec. 510.600(c) of this chapter.
-(c) Conditions of use. It is used as follows:
-(1) Horses--(i) Amount. Administer slowly by intravenous injection
4 milligrams per kilogram of body weight or 1.8 milligrams per pound (4
milliliters per 100 kilograms or 4 milliliters per 220 pounds).
-(ii) Indications for use. For use in horses when it is desirable
to reverse the effects of sedation and analgesia caused by xylazine.
-(iii) Limitations. The safety of TolazineTM has not been
established in pregnant mares, lactating mares, horses intended for
breeding, foals, or horses with metabolically unstable conditions. The
safety of TolazineTM has not been evaluated for reversing xylazine
used as a preanesthetic to a general anesthetic. This drug is for use
in horses only and not for use in food-producing animals. Users with
cardiovascular disease (for example, hypertension or ischemic heart
disease) should take special precautions to avoid accidental exposure
to this product.
Accidental spillage on the skin should be washed off immediately with
soap and water. Federal law restricts this drug to use by or on the
order of a licensed veterinarian.
-(2) [Reserved]
Dated: May 15, 1996.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 96-12876 Filed 5-22-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-12864 Tennessee; Final Authorization of Revisions to State Hazardous Waste Management Program
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25794-25796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12864]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5508-3]
Tennessee; Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Tennessee has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Tennessee's revisions consist of the provisions
contained in certain rules promulgated between February 21, 1991, and
September 30, 1992, which fall within RCRA Clusters I-III. These
requirements are listed in Section B of this notice. The Environmental
Protection Agency (EPA) has reviewed Tennessee's application and has
made a decision, subject to public review and comment, that Tennessee's
hazardous waste program revisions satisfy all of the requirements
necessary to qualify for final authorization. Thus, EPA intends to
approve Tennessee's hazardous waste program revisions. Tennessee's
application for program revisions is available for public review and
comment.
DATES: Final authorization for Tennessee's program revisions shall be
effective July 22, 1996, unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule. All comments on
Tennessee's program revision application must be received by the close
of business, June 24, 1996.
ADDRESSES: Copies of Tennessee's program revision application are
available during normal business hours at the following addresses for
inspection and copying: Tennessee Department of Environment and
Conservation, 5th Floor, L & C Tower, 401 Church Street, Nashville,
Tennessee 37243-1535; U.S. EPA Region 4, Library, 345 Courtland Street
NE., Atlanta, Georgia 30365; (404) 347-4216. Written comments should be
sent to Al Hanke at the address listed below.
FOR FURTHER INFORMATION CONTACT: Al Hanke, Chief, State Programs
Section, Waste Programs Branch, Waste Management Division, U.S.
Environmental Protection Agency, 345 Courtland Street NE., Atlanta,
Georgia 30365; (404) 347-3555 vmx 2018.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under Section 3006(b) of the
Resource Conservation and Recovery Act (``RCRA'' or ``the Act''), 42
U.S.C. 6926(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program.
In addition, as an interim measure, the Hazardous and Solid Waste
Amendments of 1984 (Public Law 98-616, November 8, 1984, hereinafter
``HSWA'') allows States to revise their programs to become
substantially equivalent instead of equivalent to RCRA requirements
promulgated under HSWA authority. States exercising the latter option
receive ``interim authorization'' for the HSWA requirements under
Section 3006(g) of RCRA, 42 U.S.C. 6926(g), and later apply for final
authorization for the HSWA requirements.
Revisions to State hazardous waste programs are necessary when
Federal or State statutory or regulatory authority is modified or when
certain other changes occur. Most commonly, State program revisions are
necessitated by changes to EPA's regulations in 40 CFR Parts 260-268
and 124 and 270.
B. Tennessee
Tennessee initially received final authorization for its base RCRA
program effective on February 8, 1985. Tennessee has received
authorization for revisions to its program on August 11, 1987, October
1, 1991, November 6, 1991, July 31, 1992, and July 7, 1995. On December
5, 1994, Tennessee submitted a program revision application for
additional approvals. Today, Tennessee is seeking approval of its
program revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Tennessee's application and has made an immediate
final decision that Tennessee's hazardous waste program revisions
satisfy all of the requirements necessary to qualify for final
authorization. Consequently, EPA intends to grant final authorization
for the additional program modifications to Tennessee. The public may
submit written comments on EPA's immediate final decision up until June
24, 1996.
Copies of Tennessee's application for these program revisions are
available for inspection and copying at the locations indicated in the
Addresses section of this notice.
Approval of Tennessee's program revisions shall become effective
July 22, 1996, unless an adverse comment pertaining to the State's
revisions discussed in this notice is received by the end of the
comment period.
If an adverse comment is received EPA will publish either (1) a
withdrawal of the immediate final decision or (2) a notice containing a
response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
EPA shall administer any RCRA hazardous waste permits, or portions
of permits that contain conditions based upon the Federal program
provisions for which the State is applying for authorization and which
were issued by EPA prior to the effective date of this authorization.
EPA will suspend issuance of any further permits under the provisions
for which the State is being authorized on the effective date of this
authorization.
Tennessee is today seeking authority to administer the following
Federal requirements promulgated on February 21, 1991, through
September 30, 1992.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FR
Checklist Federal requirement FR Reference Promulgation State authority
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
85....................... Burning of Hazardous Waste in 56 FR 7134 2/21/91 TCA 68-212-104(7);
Boilers and Industrial TCA 68-212-106(a)(1);
Furnaces. TCA 68-212-107(a), (d)(1), (3)&(4);
TRC 1200-1-11-.01(2)(a)&(b)1; .02(1)(b);
.02(1)(d)1(x); .02(1)(d)3(ii)(I-IV); .02(1)(f);
.06(7)(a); .06(15)(a); .05(7)(a); .05(15)(a);
.09(1)(a); .07(5)(b); .07(9)(c)5; .07(10)(a);
.07(1)(j); .07(3)(a).
[[Page 25795]]
94....................... Burning of Hazardous Waste in 56 FR 32688 7/17/91 TCA 68-212-107(a),(d)(3,4,&6);
Boilers and Industrial TRC 1200-1-11-.02(1)(c)3(ii)(II)II; .02(1)(f)1;
Furnaces; Corrections and .05(16)(a)1; .11(1)(a); .09(8)(a)1; .09(9)(a)1;
Technical Amendments I. .07(5)(b)12; .07(9)(c)5; .07(1)(j)1; .07(3)(a)1.
96....................... Burning of Hazardous Waste in 56 FR 42504 8/27/91 TCA 68-212-104(7); TCA 68-212-106(a)(1); TCA 68-
Boilers and Industrial 212-107(a)(d)(3,4,&6); TRC 1200-1-11-.02(1)(b)1;
Furnaces, Technical .05(7)(a)1; .09(8)(a)1; .09(9)(a)1.
Amendments II.
98....................... Coke Ovens Administrative 56 FR 43874 9/5/91 TCA 68-212-104(7&15); TCA 68-212-106(a)(1); TCA
Stay. 68-212-107(a)(d)(1,3,4,&6); TRC 1200-1-11-
.09(8)(a)1.
111...................... Boilers and Industrial 57 FR 38558 8/25/92 TCA 68-212-104(7); TCA 68-212-106(a)(1); TCA 68-
Furnaces; Technical 212-107(a) & (d)(1)-(3); TCA 68-211-105(c); TCA
Amendment III. 68-211-106(a)(1)&(2); TCA 68-211-107(a); TCA 68-
211-111(d); TCA 68-211-1001 et.seq.; TCA 68-212-
111(d); TRC 1200-1-11-.01(2)(a); .01(3)(a)1;
.02(1)(b); .06(1)(b)2(ii-iii); .09(1)(a).
114...................... Boilers and Industrial 57 FR 44999 9/30/92 TCA 68-211-105(c); TCA 68-211-106(a)(1)&(2); TCA
Furnaces; Technical 68-211-107(a); TCA 68-211-111(d); TCA 68-211-
Amendment IV. 1001 et.seq.; TCA 68-211-104(7); TCA 68-212-
106(a)(1); TCA 68-212-107(a), (d)(1) & (d)(3);
TRC 1200-1-11-.09(1)(a).
--------------------------------------------------------------------------------------------------------------------------------------------------------
C. Decision
I conclude that Tennessee's application for these program revisions
meet all of the statutory and regulatory requirements established by
RCRA. Accordingly, Tennessee is granted final authorization to operate
its hazardous waste program as revised.
Tennessee now has responsibility for permitting treatment, storage,
and disposal facilities within its borders and carrying out other
aspects of the RCRA program, subject to the limitations of its program
revision application and previously approved authorities. Tennessee
also has primary enforcement responsibilities, although EPA retains the
right to conduct inspections under Section 3007 of RCRA and to take
enforcement actions under Section 3008, 3013, and 7003 of RCRA.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When a written statement is needed for an EPA rule, section
205 of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, giving
them meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising them on compliance with the
regulatory requirements.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local and tribal governments, in the aggregate, or the private
sector in any one year. EPA does not anticipate that the approval of
Tennessee's hazardous waste program referenced in today's notice will
result in annual costs of $100 million or more.
EPA's approval of state programs generally has a deregulatory
effect on the private sector because once it is determined that a state
hazardous waste program meets the requirements of RCRA section 3006(b)
and the regulations promulgated thereunder at 40 CFR Part 271, owners
and operators of hazardous waste treatment, storage, or disposal
facilities (TSDFs) may take advantage of the flexibility that an
approved state may exercise. Such flexibility will reduce, not increase
compliance costs for the private sector. Thus, today's rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The Agency recognizes that small governments may own and/
or operate TSDFs that will become subject to the requirements of an
approved state hazardous waste program. However, such small governments
which own and/or operate TSDFs are already subject to the requirements
in 40 CFR Parts 264, 265, and 270. Once EPA authorizes a state to
administer its own hazardous waste program and any revisions to that
program, these same small governments will be able to own and operate
their TSDFs with increased levels of flexibility provided under the
approved state program.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
Tennessee's
[[Page 25796]]
program, thereby eliminating duplicative requirements for handlers of
hazardous waste in the State. It does not impose any new burdens on
small entities. This rule, therefore, does not require a regulatory
flexibility analysis.
List of Subjects in 40 CFR Part 271
Environmental Protection Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This notice is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
(42 U.S.C. 6912(a), 6926, 6974(b)).
Dated: May 14, 1996.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 96-12864 Filed 5-22-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-12852 Revision of Delegations of Authority
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25775-25776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12852]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
Revision of Delegations of Authority
AGENCY: Department of Agriculture.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document revises the delegations of authority from the
Secretary of Agriculture and general officers of the Department to make
corrections and add delegations of authority.
EFFECTIVE DATE: May 23, 1996.
FOR FURTHER INFORMATION CONTACT: Robert L. Siegler, Deputy Assistant
General Counsel, Research and Operations Division, Office of the
General Counsel, Department of Agriculture, Room 2321-S, Washington,
D.C. 20250, telephone 202-720-6035.
SUPPLEMENTARY INFORMATION: On November 8, 1995, USDA published in the
Federal Register (60 FR 56392-56465) a revision of the delegations of
authority appearing in 7 CFR Part 2 due to a reorganization of the
Department. The revised delegations effectuated the Federal Crop
Insurance Reform and Department of Agriculture Reorganization Act of
1994, Pub. L. No. 103-354. This document makes correction and adds
delegations of authority that were omitted in that Federal Register
document. In the Federal Register document published on December 27,
1995 (60 FR 66713), the authority citation was revised. The authority
citation continues to read as it was published in that document.
This rule relates to internal agency management. Therefore,
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity
for comment are not required, and this rule may be made effective less
than 30 days after publication in the Federal Register. Further, since
this rule relates to internal agency management, it is exempt from the
provisions of Executive Order Nos. 12778 and 12866. Finally, this
action is not a rule as defined by the Regulatory Flexibility Act (5
U.S.C. 601, et seq.), and, thus is exempt from the provisions of that
Act. The delegations of authority are revised to delete references to
section 610 of the Agricultural Act of 1970, and the National Wool Act
of 1954, since those provisions were repealed; to delegate to the Under
Secretary for Farm and Foreign Agricultural Services and the
Administrator, Foreign Agricultural Service, the authority to carry out
various commodity research and promotion acts which were omitted from
their delegations; and to make corresponding changes to the delegations
of authority to the Assistant Secretary for Marketing and Regulatory
Programs and the Administrator, Agricultural Marketing Service, since
those officials administer portions of the same commodity research and
promotion acts. Accordingly, 7 CFR Part 2 is revised as set forth
below.
List of Subjects in 7 CFR Part 2
Authority delegations (Government agencies).
PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE
AND GENERAL OFFICERS OF THE DEPARTMENT
1. The authority citation for Part 2 continues to read as follows:
Authority: Sec. 212(a), Pub. L. 103-354, 108 Stat. 3210, 7
U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization Plan No. 2 of 1953,
3 CFR, 1949-1953 Comp., p. 1024.
Subpart C--Delegations of Authority to the Deputy Secretary, the
Under Secretaries and Assistant Secretaries
2. Section 2.16 is amended by removing and reserving paragraph
(a)(1)(xi) and by revising paragraph (a)(3)(x) to read as follows:
Sec. 2.16 Under Secretary for Farm and Foreign Agricultural Services.
(a) * * *
(1) * * *
(xi) [Reserved]
* * * * *
(3) * * *
(x) Plan and carry out programs and activities under the foreign
market promotion authority of the Wheat Research and Promotion Act (7
U.S.C. 1292 note); the Cotton Research and Promotion Act (7 U.S.C.
2101-2118); the Potato Research and Promotion Act (7 U.S.C. 2611-2627);
the Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-
2718); the Beef Research and Information Act, as amended (7 U.S.C.
2901-2918); the Wheat and Wheat Foods Research and Nutrition Education
Act (7 U.S.C. 3401-3417); the Floral Research and Consumer Information
Act of 1981 (7 U.S.C. 4301-4319); subtitle B of title I of the Dairy
and Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-4513); the Honey
Research, Promotion, and Consumer Information Act of 1984, as amended
(7 U.S.C. 4601-4612); the Pork Promotion, Research, and Consumer
Information Act of 1985 (7 U.S.C. 4801-4819); the Watermelon Research
and Promotion Act, as amended (7 U.S.C. 4901-4916); the Pecan Promotion
and Research Act of 1990 (7 U.S.C. 6001-6013); the Mushroom Promotion,
Research, and Consumer Information Act of 1990 (7 U.S.C. 6101-6112);
the Lime Research, Promotion, and Consumer Information Act of 1990 (7
U.S.C. 6201-6212); the Soybean Promotion, Research, and Consumer
Information Act of 1990 (7 U.S.C. 6301-6311); the Fluid Milk Promotion
Act of 1990 (7 U.S.C. 6401-6417); the Fresh Cut Flowers and Fresh Cut
Greens Promotion and Consumer Information Act (7 U.S.C. 6801-6814); and
the Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C.
7101-7111). This authority includes determining the programs and
activities to be undertaken and assuring that they are coordinated with
the overall departmental programs to develop
[[Page 25776]]
foreign markets for U.S. agricultural products.
* * * * *
3. Section 2.22 is amended by revising paragraphs (a)(1)(viii) (H),
(FF), (GG), (II), (PP), (UU), and (VV), by removing and reserving
paragraph (a)(1)(viii)(V), and by adding paragraph (a)(1)(viii)(WW) to
read as follows:
Sec. 2.22 Assistant Secretary for Marketing and Regulatory Programs.
(a) * * *
(1) * * *
(viii) * * *
(H) Cotton Research and Promotion Act (7 U.S.C. 2101-2118), except
as delegated to the Under Secretary for Farm and Foreign Agricultural
Services in Sec. 2.16(a)(3)(x);
* * * * *
(V) [Reserved]
* * * * *
(FF) The Watermelon Research and Promotion Act (7 U.S.C. 4901-
4916), except as delegated to the Under Secretary for Farm and Foreign
Agricultural Services in Sec. 2.16(a)(3)(x);
(GG) The Honey Research, Promotion, and Consumer Information Act (7
U.S.C. 4601-4612), except as delegated to the Under Secretary for Farm
and Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
* * * * *
(II) The Floral Research and Consumer Information Act (7 U.S.C.
4301-4319), except as delegated to the Under Secretary for Farm and
Foreign Agricultural Services in Sec. 2.16(a)(3)(x);
* * * * *
(PP) Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-6417), except
as delegated to the Under Secretary for Farm and Foreign Agricultural
Services in Sec. 2.16(a)(3)(x);
* * * * *
(UU) The International Carriage of Perishable Foodstuffs Act (7
U.S.C. 4401-4406);
(VV) The Sheep Promotion, Research, and Information Act (7 U.S.C.
7101-7111), except as delegated to the Under Secretary for Farm and
Foreign Agricultural Services in Sec. 2.16(a)(3)(x); and
(WW) The Fresh Cut Flowers and Fresh Cut Greens Promotion and
Consumer Information Act (7 U.S.C. 6801-6814), except as delegated to
the Under Secretary for Farm and Foreign Agricultural Services in
Sec. 2.16(a)(3)(x).
* * * * *
Subpart F--Delegations of Authority by the Under Secretary for Farm
and Foreign Agricultural Services
Sec. 2.42 [Amended]
4. Section 2.42 is amended by removing and reserving paragraph
(a)(13).
5. Section 2.43 is amended by revising paragraph (a)(24) to read as
follows:
Sec. 2.43 Administrator, Foreign Agricultural Service.
(a) * * *
(24) Plan and carry out programs and activities under the foreign
market promotion authority of the Wheat Research and Promotion Act (7
U.S.C. 1292 note); the Cotton Research and Promotion Act (7 U.S.C.
2101-2118); the Potato Research and Promotion Act (7 U.S.C. 2611-2627);
the Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-
2718); the Beef Research and Information Act, as amended (7 U.S.C.
2901-2918); the Wheat and Wheat Foods Research and Nutrition Education
Act (7 U.S.C. 3401-3417); the Floral Research and Consumer Information
Act of 1981 (7 U.S.C. 4301-4319); subtitle B of title I of the Dairy
and Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-4513); the Honey
Research, Promotion, and Consumer Information Act of 1984, as amended
(7 U.S.C. 4601-4612); the Pork Promotion, Research, and Consumer
Information Act of 1985 (7 U.S.C. 4801-4819); the Watermelon Research
and Promotion Act, as amended (7 U.S.C. 4901-4916); the Pecan Promotion
and Research Act of 1990 (7 U.S.C. 6001-6013); the Mushroom Promotion,
Research, and Consumer Information Act of 1990 (7 U.S.C. 6101-6112);
the Lime Research, Promotion, and Consumer Information Act of 1990 (7
U.S.C. 6201-6212); the Soybean Promotion, Research, and Consumer
Information Act of 1990 (7 U.S.C. 6301-6311); the Fluid Milk Promotion
Act of 1990 (7 U.S.C. 6401-6417); the Fresh Cut Flowers and Fresh Cut
Greens Promotion and Consumer Information Act (7 U.S.C. 6801-6814); and
the Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C.
7101-7111). This authority includes determining the programs and
activities to be undertaken and assuring that they are coordinated with
the overall departmental programs to develop foreign markets for U.S.
agricultural products.
* * * * *
Subpart N--Delegations of Authority by the Assistant Secretary for
Marketing and Regulatory Programs
6. Section 2.79 is amended by revising paragraphs (a)(8) (ix),
(xl), (xli), (xliii), (l), (lv), (lvi), by removing and reserving
paragraph (a)(8)(XXIX), and by adding paragraph (lvii) to read as
follows:
Sec. 2.79 Administrator, Agricultural Marketing Service.
(a) * * *
(8) * * *
(ix) Cotton Research and Promotion Act (7 U.S.C. 2101-2118), except
as specified in Sec. 2.43(a)(24);
* * * * *
(xxix) [Reserved]
* * * * *
(xl) The Watermelon Research and Consumer Information Act (7 U.S.C.
4901-4616), except as specified in Sec. 2.43(a)(24);
(xli) The Honey Research, Promotion, and Consumer Information Act
(7 U.S.C. 4601-4612), except as specified in Sec. 2.43(a)(24);
* * * * *
(xliii) The Floral Research and Consumer Information Act (7 U.S.C.
4301-4319), except as specified in Sec. 2.43(a)(24);
* * * * *
(l) Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-6417), except
as specified in Sec. 2.43(a)(24);
* * * * *
(lv) the International Carriage of Perishable Foodstuffs Act (7
U.S.C. 4401-4406);
(lvi) the Sheep Promotion, Research, and Information Act (7 U.S.C.
7101-7111), except as specified in Sec. 2.43(a)(24); and
(lvii) the Fresh Cut Flowers and Fresh Cut Greens Promotion and
Consumer Information Act (7 U.S.C. 6801-6814), except as specified in
Sec. 2.43(a)(24).
* * * * *
For Subpart C:
Dated: May 13, 1996.
Don Glickman,
Secretary of Agriculture.
For Subpart F:
Dated: April 1, 1996.
Eugene Moos,
Under Secretary for Farm and Foreign Agricultural Services.
For Subpart N:
Dated: Arpil 3, 1996.
Michael V. Dunn,
Assistant Secretary for Marketing and Regulatory Services.
[FR Doc. 96-12852 Filed 5-22-96; 8:45 am]
BILLING CODE 3410-01-P
Complete official Federal Register PDF
FR Doc. 96-12833 Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Subsistence Taking of Fish and Wildlife Regulations; Extension
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25785-25787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12833]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018-AC82
Subsistence Management Regulations for Public Lands in Alaska,
Subpart D; Subsistence Taking of Fish and Wildlife Regulations;
Extension
AGENCY: Forest Service, USDA; Fish and Wildlife Service, Interior.
ACTION: Final rule; extension of effective date.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Subsistence Management Regulations for
Public Lands in Alaska implementing the subsistence priority for rural
residents of Alaska under Title VIII of the Alaska National Interest
Lands Conservation Act of 1980 by extending the effective date of 50
CFR 100.25 and 36 CFR 242.25 (Subsistence taking of wildlife) (60 FR
31542). The regulations, now set to expire on June 30, 1996, are
extended through July 31, 1996, to ensure continuity of the subsistence
hunting and fishing seasons until the 1996-1997 season regulations can
be issued in final form.
EFFECTIVE DATE: Effective June 30, 1996, the effective date of 50 CFR
100.25 and 36 CFR 242.25 (Subsistence taking of wildlife) which were
added at 60 FR 31553 is extended from July 1, 1996, through July 31,
1996.
FOR FURTHER INFORMATION CONTACT:
Thomas H. Boyd, Office of Subsistence Management, U.S. Fish and
Wildlife Service, 1011 E. Tudor Road, Anchorage, Alaska 99503;
telephone (907) 786-3864. For questions specific to National Forest
System lands, contact Ken Thompson, Regional Subsistence Manager,
USDA--Forest Service, Alaska Region, P.O. Box 21628, Juneau, Alaska
99802; telephone (907) 586-7921.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the
Interior and the Secretary of Agriculture (Secretaries) implement a
joint program to grant a preference for subsistence uses of fish and
wildlife resources on public lands, unless the State of Alaska enacts
and implements laws of general applicability which are consistent with
ANILCA, and which provide for the subsistence definition, preference,
and participation specified in Sections 803, 804, and 805 of ANILCA.
The State implemented a program that the Department of the Interior
previously found to be consistent with ANILCA. However, in December
1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska
that the rural preference in the State subsistence statute violated the
Alaska Constitution. The court's ruling in McDowell required the State
to delete the rural preference from the subsistence statute, and
therefore, negated State compliance with ANILCA. The Court stayed the
effect of the decision until July 1, 1990.
As a result of the McDowell decision, the Department of the
Interior and the Department of Agriculture assumed, on July 1, 1990,
responsibility for implementation of Title VIII of ANILCA on public
lands. On June 29, 1990, the Temporary Subsistence Management
Regulations for Public Lands in Alaska were published in the Federal
Register (55 FR 27114-27170). Consistent with Subparts A, B, and C of
these regulations, a Federal Subsistence Board was established to
administer the Federal Subsistence Management Program. The Board's
composition includes a Chair appointed by the Secretary of the Interior
with concurrence of the Secretary of Agriculture; the Alaska Regional
Director, U.S. Fish and Wildlife Service; the Alaska Regional Director,
U.S. National Park Service; the Alaska State Director, U.S. Bureau of
Land Management; the Alaska Area Director, U.S. Bureau of Indian
Affairs; and the Alaska Regional Forester, USDA Forest Service. Through
the Board, these agencies have participated in development of
regulations for Subparts A, B, and C, and the annual Subpart D
regulations.
On June 15, 1995, the 1995-1996 Seasons and Bag Limits for
Subsistence Management Regulations for Public Lands in Alaska ware
published in the Federal Register (60 FR 31542-31594). Those
regulations included the section on the taking of wildlife, scheduled
to expire June 30, 1996.
The Federal Subsistence Management Program initiates a process each
fall with a proposed rule (60 FR 42085-42130) to provide the public
with an opportunity to propose changes to the subsistence regulations.
The proposals that are received are reviewed by the public and analyzed
by a regional team, staff anthropologists, and biologists. The
[[Page 25786]]
Regional Councils then meet in public forum and develop recommendations
to the Federal Subsistence Board on each proposal. Because of the
Federal furloughs occurring in November and later in December and
January, the public review process and the proposal analysis process
were delayed. This consequently resulted in scheduling delays for the
Regional Council meetings and the Federal Subsistence Board meeting. As
a result, implementation of the 1996-1997 Subsistence Management
Regulations for Public Lands in Alaska will be delayed until August 1,
1996.
This rule effectively extends the existing regulations through July
31, 1996.
The Board finds that public notice and comment requirements under
the Administrative Procedures Act (APA) for this extension are
impracticable, unnecessary, and contrary to the public interest. A
lapse in regulatory control after July 1 could seriously affect the
continued viability of wildlife populations, adversely impact future
subsistence opportunities for rural Alaskans, and would generally fail
to serve the overall public interest. Therefore, the Board finds good
cause pursuant to 5 U.S.C. 553(b)(B) to waive the public notice and
comment procedures prior to publication of this extension.
The Board also finds good cause for the existing rule to be
extended through July 31, 1996. This July 31 date is consistent with
the anticipated Regional Council and Board actions to implement the
1996-1997 Federal Subsistence Management Regulations for Public Lands
in Alaska scheduled for August 1, 1996. The Board therefore finds good
cause under 5 U.S.C. 553(d)(3) to make this extension effective upon
publication.
Conformance with Statutory and Regulatory Authorities
National Environmental Policy Act Compliance
A Draft Environmental Impact Statement (DEIS) that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. That document
described the major issues associated with Federal subsistence
management as identified through public meetings, written comments and
staff analysis and examined the environmental consequences of the four
alternatives. Proposed regulations (Subparts A, B, and C) that would
implement the preferred alternative were included in the DEIS as an
appendix. The DEIS and the proposed administrative regulations
presented a framework for an annual regulatory cycle regarding
subsistence hunting and fishing regulations (Subpart D). The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992.
Based on the public comment received, the analysis contained in the
FEIS, and the recommendations of the Federal Subsistence Board and the
Department of the Interior's Subsistence Policy Group, it was the
decision of the Secretary of the Interior, with the concurrence of the
Secretary of Agriculture, through the U.S. Department of Agriculture-
Forest Service, to implement Alternative IV as identified in the DEIS
and FEIS (Record of Decision on Subsistence Management for Federal
Public Lands in Alaska (ROD), signed April 6, 1992). The DEIS and the
selected alternative in the FEIS defined the administrative framework
of an annual regulatory cycle for subsistence hunting and fishing
regulations. The final rule for Subsistence Management Regulations for
Public Lands in Alaska, Subparts A, B, and C (57 FR 22940-22964)
implements the Federal Subsistence Management Program and includes a
framework for an annual cycle for subsistence hunting and fishing
regulations.
Compliance with Section 810 of ANILCA
The intent of all Federal subsistence regulations is to accord
subsistence uses of fish and wildlife on public lands a priority over
the taking of fish and wildlife on such lands for other purposes,
unless restriction is necessary to conserve healthy fish and wildlife
populations. A Section 810 analysis was completed as part of the FEIS
process. The final Section 810 analysis determination appears in the
April 6, 1992, ROD which concluded that the Federal Subsistence
Management Program, under Alternative IV with an annual process for
setting hunting and fishing regulations, may have some local impacts on
subsistence uses, but it does not appear that the program may
significantly restrict subsistence uses.
Paperwork Reduction Act
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d), the U.S. Fish and Wildlife Service has received approval for
this collection of information, with approval number 1018-0075, with
the expiration date of July 31, 1996.
The collection of information will be achieved through the use of
the Federal Subsistence Hunt Permit Application. This collection
information will establish whether the applicant qualifies to
participate in a Federal subsistence hunt on public land in Alaska and
will provide a report of harvest and location of harvest.
The likely respondents to this collection of information are rural
Alaska residents who wish to participate in specific subsistence hunts
on Federal land. The collected information is necessary to determine
harvest success and harvest location in order to make management
decisions relative to the conservation of healthy wildlife populations.
The annual burden of reporting and recordkeeping is estimated to
average 0.25 hours per response, including time for reviewing
instructions, gathering and maintaining data, and completing and
reviewing the form. The estimated number of likely respondents under
the correcting amendments is less than 50, yielding a total annual
reporting and recordkeeping burden of 13 hours or less.
Direct comments on the burden estimate or any other aspect of this
form to: Information Collection Officer, U.S. Fish and Wildlife
Service, 1849 C Street, NW., MS 224 ARLSQ, Washington, DC 20240; and
the Office of Management and Budget, Paperwork Reduction Project (1018-
0075), Washington, D.C. 20503. Additional information collection
requirements may be imposed if Local Advisory Committees subject to the
Federal Advisory Committee Act are established under subpart B. Such
requirements will be submitted to OMB for approval prior to their
implementation.
Economic Effects
This rule was not subject to OMB review under Executive Order
12866.
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations or governmental jurisdictions.
The Departments have determined that this rulemaking will not have a
significant economic effect on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act.
This rulemaking will impose no significant costs on small entities;
the exact number of businesses and the amount of trade that will result
from this Federal land-related activity is unknown. The aggregate
effect is an insignificant positive economic effect on a number of
small entities. The number
[[Page 25787]]
of small entities affected is unknown; but, the fact that the positive
effects will be seasonal in nature and will, in most cases, merely
continue preexisting uses of public lands indicates that they will not
be significant.
As of the 1990 census there are 163,000 rural Alaskans qualified to
participate in subsistence hunting or fishing. Although some of the
subsistence users may conduct their activities on State or private
lands, it is likely that a large portion of the 163,000 rural Alaskans
utilize Federal lands to some extent.
These regulations do not meet the threshold criteria of
``Federalism Effects'' as set forth in Executive Order 12612. Title
VIII of ANILCA requires the Secretaries to administer a subsistence
preference on public lands. The scope of this program is limited by
definition to certain public lands. Likewise, these regulations have no
significant takings implication relating to any property rights as
outlined by Executive Order 12630.
The Service has determined and certifies pursuant to the Unfunded
Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not
impose a cost of $100 million or more in any given year on local or
State governments or private entities.
Drafting Information
These regulations were drafted by William Knauer under the guidance
of Thomas H. Boyd, Office of Subsistence Management, Alaska Regional
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional
guidance was provided by Peggy Fox, Alaska State Office, Bureau of Land
Management; Sandy Rabinowitch, Alaska Regional Office, National Park
Service; John Borbridge, Alaska Area Office, Bureau of Indian Affairs;
and Ken Thompson, USDA--Forest Service.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
Forests, Public Lands, Reporting and record keeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, Public Lands,
Reporting and recordkeeping requirements, Subsistence, Wildlife.
Words of Issuance
For the reasons set out in the preamble, Title 36, Part 242, and
Title 50, Part 100, of the Code of Federal Regulations, are amended as
set forth below.
PART______--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN
ALASKA
1. The authority citation for both 36 CFR Part 242 and 50 CFR Part
100 continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
2. Effective June 30, 1996, the effective date for 36 CFR 242.25
and 50 CFR 100.25 which were added at 60 FR 31553 is extended from July
1, 1996 through July 31, 1996.
Dated: April 3, 1996.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Dated: April 15 1996.
John C. Capp,
Acting Regional Forester, USDA--Forest Service.
[FR Doc. 96-12833 Filed 5-22-96; 8:45 am]
BILLING CODE 3410-11-M and 4310-55-M
Complete official Federal Register PDF
FR Doc. 96-12786 Reef Fish Fishery of the Gulf of Mexico; Correction
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Page 25833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12786]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 641
[Docket No. 951221305-6038-02; I.D. 020296B]
Reef Fish Fishery of the Gulf of Mexico; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Correction to emergency interim rule.
-----------------------------------------------------------------------
SUMMARY: This document corrects the delay of effective date in an
emergency interim rule published on February 29, 1996 (61 FR 7751). The
emergency interim rule delayed indefinitely the effective date for
implementation of the red snapper Individual Transferable Quota (ITQ)
system for the Gulf of Mexico, previously scheduled to begin April 1,
1996.
EFFECTIVE DATE: The delay of effective date published February 29, 1996
(61 FR 7751) for amendments originally published on November 29, 1995
(60 FR 61202) is corrected as of February 23, 1996, to extend through
May 29, 1996.
FOR FURTHER INFORMATION CONTACT: Robert A, Sadler, Fishery Management
Specialist, Southeast Regional Office, 813-570-5305.
SUPPLEMENTARY INFORMATION:
Background
In issuing an emergency interim rule on February 29, 1996, NMFS
inadvertently indicated that the scheduled April 1, 1996, effective
date for the Gulf of Mexico red snapper ITQ system, implemented under
FMP Amendment 8 (60 FR 61200, November 29, 1995), would be delayed
indefinitely. Because an emergency interim rule issued under section
305(c) of the Magnuson Fishery Conservation and Management Act can
amend a fishery management plan or plan amendment and its implementing
rule only for the emergency period (limited to 90 days), the indefinite
delay was in error.
Need for Correction
Accordingly, this action corrects the emergency interim rule to
specify the correct ending date for the delay in the effective date for
the final rule implementing the ITQ system. As published, the effective
date section and amendatory instruction 2 are incorrect and need to be
changed.
Correction of Publication
The publication on February 29, 1995, of the emergency interim rule
(I.D. 020296B), which was the subject of FR DOC. 96-4432, is corrected
as follows:
On page 7751, in the third column, under the preamble caption
EFFECTIVE DATES, in the last paragraph, the phrase ``are delayed
indefinitely.'' is corrected to read ``is delayed through May 29,
1996.''
On page 7753, in the third column, on the last line of the
introductory text of the amendatory instruction 2, the word
``indefinitely'' is corrected to read ``through May 29, 1996.''
Dated: May 15, 1996.
Richard H. Schaefer,
Acting, Assistant Administrator for Fisheries, National Marine
Fisheries Service.
[FR Doc. 96-12786 Filed 5-22-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-12785 Federal Travel Regulation; Privately Owned Vehicles Mileage Reimbursement
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25801-25802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12785]
=======================================================================
-----------------------------------------------------------------------
[[Page 25802]]
GENERAL SERVICES ADMINISTRATION
41 CFR Part 301-4
[FTR Amendment 48]
RIN 3090-AF88
Federal Travel Regulation; Privately Owned Vehicles Mileage
Reimbursement
AGENCY: Office of Policy, Planning and Evaluation, GSA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule increases the mileage reimbursement rates for
use of a privately owned vehicle (POV) on official travel to reflect
current costs of operation as determined in cost studies conducted by
the General Services Administration (GSA). The governing regulation is
revised to increase the mileage allowance for advantageous use of a
privately owned automobile from 30 cents to 31 cents per mile and the
cost of a privately owned motorcycle from 24.5 cents to 25 cents per
mile, and decrease the cost of operating a privately owned airplane
from 88.5 cents to 85 cents per mile.
DATES: Effective date: This final rule is effective June 7, 1996.
Applicability date: The privately owned vehicle (POV) mileage
reimbursement rates apply for official travel performed on or after
June 7, 1996.
FOR FURTHER INFORMATION CONTACT: Vella Cloyd, General Services
Administration, Travel and Transportation Management Policy Division
(MTT), Washington, DC 20405, telephone 202-501-1538.
SUPPLEMENTARY INFORMATION: GSA has determined that this rule is not a
significant regulatory action for the purposes of Executive Order 12866
of September 30, 1993. This final rule is not required to be published
in the Federal Register for notice and comment. Therefore, the
Regulatory Flexibility Act does not apply.
List of Subjects in 41 CFR Part 301-4
Government employees, Travel, Travel allowances, Travel and
transportation expenses.
For the reasons set out in the preamble, 41 CFR part 301-4 is
amended as follows:
PART 301-4--REIMBURSEMENT FOR USE OF PRIVATELY OWNED CONVEYANCES
1. The authority citation for part 301-4 continues to read as
follows:
Authority: 5 U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,
1971-1975 Comp., p. 586.
2. Section 301-4.2 is amended by revising paragraph (a)(1) through
(a)(3) to read as follows:
Sec. 301-4.2 When use of a privately owned conveyance is advantageous
to the Government.
(a) * * *
(1) For use of a privately owned automobile: 31 cents per mile.
(2) For use of a privately owned airplane: 85 cents per mile
(3) For use of a privately owned motorcycle: 25 cents per mile.
* * * * *
Dated: April 30, 1996.
David J. Barram,
Acting Administrator of General Services.
[FR Doc. 96-12785 Filed 5-22-96; 8:45 am]
BILLING CODE 6820-24-M
Complete official Federal Register PDF
FR Doc. 96-12428 Adoption of Industry Standards
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25984-26013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12428]
[[Page 25983]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
46 CFR Part 15, et al.
Adoption of Industry Standards; Final Rule
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules
and Regulations
[[Page 25984]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 15, 26, 31, 32, 34, 35, 38, 54, 56, 58, 61, 72, 76,
77, 78, 92, 95, 96, 97, 108, 109, 153, 160, 162, 164, 167, 168,
169, 189, 190, 193 and 196
[CGD 95-027]
RIN 2115-AF09
Adoption of Industry Standards
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the ongoing Presidential Regulatory Reform
Initiative, the Coast Guard is modifying its regulations for both
inspected and uninspected commercial vessels by removing or revising
obsolete and unnecessary provisions and incorporating industry
standards and practices.
The Coast Guard expects these amendments to reduce the regulatory
burden to the maritime industry, reduce the administrative burden to
government and industry, reduce government printing costs, and provide
a more concise and useful Title 46, Code of Federal Regulations.
DATES: This final rule is effective on June 24, 1996. The Director of
the Federal Register approves as of June 24, 1996, the incorporation by
reference of certain materials listed in this rule.
ADDRESSES: Unless otherwise indicated, documents referred to in this
rulemaking are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., Room 3406, Washington, DC
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477.
A copy of the material listed in ``Incorporation by Reference'' of
this rulemaking is available for inspection at Room 1300, U.S. Coast
Guard Headquarters.
FOR FURTHER INFORMATION CONTACT:
LCDR R. K. Butturini, Project Manager; LTJG J.M. Twomey, Project
Engineer; Ms. Shereen Bell, Project Assistant--telephone (202) 267-
2206.
SUPPLEMENTARY INFORMATION:
Regulatory History
On December 20, 1995, The Coast Guard published a notice of
proposed rulemaking (NPRM) entitled ``Adoption of Industry Standards''
in the Federal Register (60 FR 65988). The Coast Guard received seven
written comments on the proposal. A public meeting was held at Coast
Guard Headquarters on February 9, 1996, to discuss the NPRM.
Background and Purpose
This final rule has been sparked by several recent calls for
regulatory review and reform. For example, on March 4, 1995, the
President issued a memorandum calling on executive agencies to review
regulations with the goals of--
(1) Cutting obsolete regulations;
(2) Focusing on results instead of process and punishment;
(3) Convening meetings with the regulated community; and
(4) Expanding efforts to promote consensual rulemaking.
The President's memorandum coincides with U.S. maritime industry
requests for greater alignment of Coast Guard regulations with
international marine safety standards to reduce cost disadvantages
incurred by the U.S. maritime industry and, thereby, improve the
competitiveness of the U.S. industry. The ongoing National Performance
Review effort, which stresses reducing red tape and maximizing results,
provides further justification for identifying excessive requirements
in Coast Guard regulations and for streamlining government processes.
Also, the Coast Guard recognized the need to explore regulatory reform
where it provides an opportunity to reprogram Coast Guard resources to
focus more attention on human factors and port state control activities
to ensure that other nations are conscientiously implementing
international safety agreements.
The Coast Guard held a public meeting on April 20, 1995, announced
in the March 30, 1995 Federal Register (60 FR 16423), to discuss the
Coast Guard's regulatory development process and the President's
Regulatory Review Initiative. During the public meeting, the Coast
Guard announced its goals of purging obsolete and outdated regulations
and eliminating any Coast Guard induced differences between
requirements that apply to U.S. vessels in international trade and
those that apply to similar vessels in international trade that fly the
flag of other responsible foreign nations. In the May 31, 1995 Federal
Register (60 FR 28376), the Coast Guard reiterated its intention to
harmonize Coast Guard regulations with international safety standards.
To accomplish all of these goals, the Coast Guard under the general
rulemaking authority it holds pursuant to 14 U.S.C. 2, is considering
alternative compliance methods, examining ways to make existing
regulations more efficient, and comparing U.S. marine safety
regulations with American Bureau of Shipping (ABS) Rules and the
International Convention for the Safety of Life at Sea, 1974, as
amended (SOLAS `74). An initial rulemaking removing or amending
obsolete and unnecessary provisions was published in the September 18,
1995 Federal Register (60 FR 48044). That rulemaking focused on
regulations for which no adverse public comment was expected, such as
removal of the requirements for nuclear vessels, ocean incinerator
ships, and ocean thermal energy conversion facilities and plantships.
This final rule removes or amends obsolete or unnecessary regulations
of a more significant nature and incorporates industry consensus
standards and practices.
In compiling the list of CFR sections affected by this final rule,
the Coast Guard did not consider parts of title 46 of the Code of
Federal Regulations (46 CFR) that are under review as part of other,
ongoing regulatory projects.
In this final rule, sections of the CFR were identified for removal
or revision by comparing the section subject matter to the following
list of selection criteria:
(a) Equipment discussed in a section is no longer manufactured or
used;
(b) Requirements imposed by a section are repeated in another
section;
(c) Requirements imposed by a section make a negligible
contribution to shipboard safety;
(d) An appropriate industry consensus standard or practice exists
which can be referenced instead of publishing detailed requirements in
a regulation; or
(e) The text of a regulation merely repeats statutory language.
Discussion of Comments and Changes
In response to the notice of proposed rulemaking, seven comment
letters were received. Additionally, a public meeting was held on
February 9, 1996, to discuss the NPRM. Numerous comments were received
regarding the proposed amendments at the public hearing.
Part 15--Authority Citation
The Coast Guard notes that the authority citation for part 15 is
outdated. Updating the authority citation for part 15 is merely an
editorial change and does not affect the proposals of the NPRM.
Therefore, the final rule adopts revisions to the authority citation in
part 15.
[[Page 25985]]
Subparts 32.40, 72.40, 92.20, 167.50, 168.15, and 190.20--
Accommodations
One written comment and a participant at the public meeting noted
that the language used in the NPRM to revise the accommodations
regulations differed among the various subchapters and suggested that
the revised text be made consistent among the subchapters for ease in
comparing requirements. The proposed changes to the accommodations
regulations in the NPRM were written to be consistent with the style
and tone of the individual subchapters. For example, subchapter D on
tank vessels is older than subchapters H, Passenger Vessels; I, Cargo
and Miscellaneous Vessels; and U, Oceanographic Research Vessels, and,
therefore, reads differently. The proposed changes were written to read
like the remaining text in subchapter D while containing the same
information and requirements as the other subchapters. However, the
Coast Guard agrees that comparing requirements among subchapters is
easier when the text is identical.
Revising the regulatory text for accommodations to be identical
among the subchapters is merely an editorial change and is not a
substantive change to the NPRM. Therefore, except for text concerning
existing vessels particular to each subchapter, the final rule revises
the original proposals in the NPRM by making the regulations for
accommodations in each subchapter identical.
Two written comments and two participants at the public meeting
objected to the proposed changes to the provisions for crew comfort and
suggested provisions for crew comfort be retained in the regulations as
currently written because the International Labour Office Merchant
Shipping (Minimum Standards) Convention, 1976 (No. 147) (ILO 147) only
provides for minimum requirements in this area. For example, ILO 147
requires that accommodations be ``adequately heated'', while current
Coast Guard regulations specify that accommodation areas be maintained
at 68 deg.F or 70 deg.F, depending on the subchapter. The commenters
noted that as ``adequately'' is a relative term, vessel owners and
operators could meet the technical requirements of ILO 147 and the
proposed changes without actually providing adequate accommodations.
The proposed regulations were drafted with the intent of achieving
a balance among the need to remove unnecessary or excessive
regulations, the necessity of retaining the mandated provisions of ILO
147 and 46 U.S.C. 11101 (the statute which describes minimum
requirements for accommodations), and the Coast Guard's desire to
promote more autonomy for the marine industry. As a result, some of the
provisions for crew comfort in the existing regulations were removed or
revised in the NPRM.
The Coast Guard recognizes that some aspects of crew comfort are
directly related to safety issues. One such example, pointed out in the
comments, regards adequate heating and cooling of crew accommodations.
The Coast Guard agrees that heating and cooling accommodations to
provide a comfortable living area environment may directly affect
crewmembers' ability to obtain sufficient rest. However, the Coast
Guard notes that not all of the provisions for crew comfort in current
regulations which were proposed for removal or revision directly affect
safety. For instance, other examples of provisions for crew
accommodations removed or revised in the NPRM and protested by the
commenters concern bunk dimensions, separation of accommodations
between watches or departments, and acceptable methods of preventing
the admission of insects. The Coast Guard does not consider the minor
revisions in these areas to be significant to shipboard safety.
Therefore, this final rule is retaining the specification that the
heating and cooling system of a vessel be able to maintain the
temperature of accommodations at 70 deg.F, but adopts the rest of the
proposals relating to accommodations in the NPRM.
Subparts 78.20, 97.17, and 196.17 and Secs. 32.05-5 and 167.65-30--
Rudder Orders
Two written comments and two participants at the public meeting
objected to the proposed deletion of the requirement that ``Right
rudder'' and ``Left rudder'' be used for rudder commands on U.S.
inspected vessels, arguing that this command convention is necessary
for safe navigation because the common practice of using ``Port'' and
``Starboard'' on foreign vessels sometimes causes confusion with
pilots. The Coast Guard disagrees with the underlying assumption of the
comments that retaining the current command convention of ``Right
rudder'' and ``Left rudder'' on U.S. ships will alleviate confusion due
to the use of a different command convention on foreign ships.
It is a well-established principle of maritime safety that the
helmsman and deck officer or pilot have a shared responsibility to
ensure that rudder orders are understood and properly executed, and
that problems affecting the execution of steering orders are reported
immediately. A helmsman who does not understand a rudder command is
duty bound to advise the deck officer or pilot that the command is not
clear and cannot be executed. As good communication among bridge
personnel is crucial to safe navigation, potential terminology problems
between the helmsman and deck officer or pilot must be resolved before
maneuvering begins. That is, the person directing the movement of the
vessel must inform the helmsman of the commands to be used to order
rudder changes. Although the helmsman is generally not expected to
question the deck officer's or pilot's choice of convention, the
relationship between the helmsman and the deck officer or pilot should
allow for agreement on a command convention that minimizes the
potential for confusion. When bridge personnel interact effectively, no
rudder command convention is necessary.
One commenter also noted that the Coast Guard's commitment to
focusing on human factors in maritime safety should dictate that a
standard convention for rudder commands is retained in the regulations.
The Coast Guard disagrees with this conclusion. Standardizing rudder
commands, as in current regulations, ignores the human factors involved
in vessel maneuvering by relying on every helmsman, deck officer, and
pilot to assume that all mariners will use the same convention.
Personal preference, training, experience, and regional customs in the
choice of rudder commands are thus not recognized and the important
working relationship between the person directing the movement of the
vessel and the helmsman is trivialized when a convention is specified
in the regulations.
Therefore, the final rule adopts the proposal to remove the
specification of ``Right rudder'' and ``Left rudder'' for rudder
commands.
Sec. 35.20-30--Blinding Lights
Two participants at the public meeting suggested retaining the
section prohibiting shining lights into other vessels' bridges. The
coast Guard notes that the suggestion stems from a misunderstanding of
the intent in the proposed rules. In the NPRM, Coast Guard regulations
that contain phrases describing the liability of the crew, for not
complying with the underlying requirements of the regulations, were
grouped into a single category for revision. Section 35.20-30, which
prohibits the shining of lights into another vessel's bridge, was
included in
[[Page 25986]]
this category because it states that a person who flashes blinding
lights, or allows blinding lights to be flashed, into another vessel's
bridge is liable under suspension and revocation proceedings. The Coast
Guard notes that the proposed revision did not remove the actual
prohibition against blinding lights, but removed the phrase imposing
liability on officers and crew. The Coast Guard considers this
reference to liability to be inconsistent with the President's desire
to focus on process rather than punishment and with the Coast Guard's
commitment to forging greater government/industry partnerships.
Additionally, the liability of officers and crew for failure to comply
with the provisions of 46 CFR is contained in 46 CFR, part 5 and need
not be repeated.
Therefore, the final rule adopts the proposal to remove references
to liability regarding the shining of blinding lights into another
vessel's bridge.
Secs. 35.20-40, 78.21-1, 97.19-1 and 196.19-1--Posting Maneuvering
Information
One written comment suggested that the Coast Guard retain the
requirement to post maneuvering information contained in 46 CFR instead
of removing the requirement and inserting a reference to a similar
section in title 33 of the Code of Federal Regulations (33 CFR), as
proposed. The comment noted that the proposed revisions would make the
affected sections, which also discuss validation of maneuvering
information, harder to use. The Coast Guard agrees with the comment.
The sections addressing posted maneuvering information in 46 CFR were
originally identified for revision because 33 CFR contains similar
requirements. However, the Coast Guard agrees that the proposed
revisions would be counterproductive.
Therefore, the final rule does not adopt the proposal to remove the
requirement for posted maneuvering information.
Secs. 61.05-5 and 61.30-5--Preparing Machinery for Inspections
One written comment and two participants at the public meeting
objected to the removal of the regulation requiring the chief engineer
to prepare machinery for inspection, arguing that the chief engineer is
ultimately responsible for the machinery and, therefore, only the chief
engineer should prepare machinery for inspection. The Coast Guard
disagrees with these comments. The proposed revision does not undermine
the important role of the chief engineer in vessel operations and Coast
Guard inspections, nor does the proposal affect the chief engineer's
responsibilities for vessel machinery. The proposed revision merely
recognizes that specifying the chief engineer prepare machinery for
inspection is not necessary.
With increased reliance on reduced manning, many companies use
shore-maintenance personnel for tasks traditionally performed by the
vessel's crew. Specifying that the chief engineer prepare machinery for
inspection may undermine the owner's prerogatives in a way that is not
intended by the regulations. Additionally, under the current
regulations, the chief engineer's responsibility is not to personally
prepare machinery for inspection but to ensure that the task is
performed competently. The intent of the regulations would be met if
another, qualified member of the crew was assigned to prepare machinery
for inspection under the chief engineer's direction. Also, the failure
to prepare machinery for inspection has little actual consequence
except to delay the inspection.
Therefore, the final rule adopts the proposal to remove the
requirement for the chief engineer to prepare machinery for inspection.
Sec. 56.30--Gasketed Mechanical Couplings
One written comment and one participant at the public meeting
suggested that, in addition to incorporating the American Society for
Testing and Materials (ASTM) standard F 1476-93 (Performance of
Gasketed Mechanical Couplings for Use in Piping Applications) the Coast
Guard also incorporate ASTM F 1548-94 (Performance of Fittings for Use
with Gasketed Mechanical Couplings Used in Piping Applications). This
suggestion was made because ASTM F 1548-94 was developed specifically
to supplement ASTM F 1476-93 and only applies to gasketed mechanical
couplings manufactured in accordance with ASTM F 1476-93. The Coast
Guard agrees with the recommendation especially in light of the fact
that, though ASTM F 1548-94 is a companion standard to ASTM F 1476-93,
it is not referenced in ASTM F 1476-93 because it was developed a year
later. Incorporating ASTM F 1548-94 is a logical consequence of
incorporating ASTM F 1476-93.
Therefore, the final rule adopts incorporation of ASTM F 1548-94 in
addition to incorporating ASTM F 1476-93.
Another comment suggested the Coast Guard also incorporate the
American Waterworks Association (AWWA) standard C-606 (Grooved and
Shouldered Type Joints) into the same regulations for gasketed
mechanical couplings mentioned previously because AWWA C-606 is
referenced in ASTM F 1476-93. The Coast Guard disagrees with this
recommendation. Industry consensus standards typically reference one
another. However, when the regulatory language and an industry standard
being incorporated into the regulations provide sufficient guidance to
the class affected by the regulations, incorporation of secondary
referenced standards is not necessary.
Compliance with the provisions of AWWA C-606 is mandatory under
ASTM F 1476-93. Therefore, incorporating AWWA C-606 by reference, in
addition to ASTM F 1476-93, is not necessary because ASTM F 1476-93
provides sufficient guidance and the regulatory language ensures
enforceability.
Therefore, the final rule does not adopt the incorporation of AWWA
C-606 by reference.
Sec. 56.30-40--Mechanically Attached Fittings
One written comment and one participant at the public meeting
suggested that ASTM standard F 1387-93 (Performance of Mechanically
Attached Fittings) be incorporated into Sec. 56.30-25, Flared,
flareless, and compression joints, instead of into Sec. 56.30-40,
Flexible pipe couplings of the compression or slip-on type, as
originally proposed, because Sec. 56.30-40 is a confusing section
containing requirements that should apply to gasketed mechanical
couplings instead of mechanically attached fittings. The Coast Guard
agrees with the recommendation. The current regulations for
mechanically attached fittings in Sec. 56.30-40 have shown to be
confusing because they do not adequately distinguish the differences
between gasketed mechanical couplings and mechanically attached
fittings. Gasketed mechanical couplings and mechanically attached
fittings both employ a compressive force to seal the pipe joint.
However, the mechanism to achieve compression is different for each
type of fitting. For example, gasketed mechanical couplings typically
employ threaded fasteners to compress a resilient gasket around the
pipe joint. Conversely, mechanically attached fittings employ a
compressive force to become attached to the pipe. The terms
``compression joint'' and ``couplings of the compression type'' refer
to the type
[[Page 25987]]
of compression used in mechanically attached fittings rather than the
compression of a resilient material used in gasketed mechanical
couplings.
Moving requirements for mechanically attached fittings to
Sec. 56.30-25 instead of Sec. 56.30-40, as originally proposed in the
NPRM, is an editorial reorganization of changes and is within the scope
of the NPRM. Therefore, the final rule incorporates ASTM F 1387-93 into
Sec. 56.30-25 and moves provisions in the existing Sec. 56.30-40, which
apply to gasketed mechanical couplings, into Sec. 56.30-35.
Secs. 56.60-1, 56.60-10, 56.60-15, 56.60-20, 58.30-5, 58.30-15, and
58.30-17--Ductile Iron
One written comment and a participant at the public meeting noted
that, contrary to the current provisions of Sec. 56.60-1, Acceptable
materials and specifications, ASTM F 1476-93, proposed for
incorporation by reference, allows the use of ductile iron conforming
to ASTM standard A 536-83 (Ductile Iron Castings) and suggested A 536-
83 ductile iron be added to the list of acceptable materials in
Sec. 56.60-1 to remedy this problem. The Coast Guard agrees with the
recommendation. As mentioned above, incorporation of a secondary
referenced industry standard is not necessary when the regulatory
language and the primary standard provide sufficient guidance and the
regulations ensure enforceability. In the case of A 536-83 ductile
iron, merely incorporating ASTM F 1476-93 would create a conflict with
other provisions in the regulations regarding the use of A 536-83
ductile iron. Thus, it is necessary to add A 536-83 ductile iron to the
list of acceptable materials to avoid a conflict with other provisions
and to ensure the regulations provide sufficient guidance.
Therefore, the final rule adopts a revision to the list of
acceptable piping materials in Sec. 56.60-1 regarding the use of A 536-
83 ductile iron.
As a result of adding A 536-83 ductile iron to the list of
acceptable materials, the Coast Guard is also updating the testing and
acceptance criteria for ferrous cast materials used in hydraulic system
components addressed in Secs. 58.30-5, 58.30-15, and 58.30-17. The
current regulations require ferrous cast materials to either exhibit 15
percent elongation in 50 millimeters (2 inches) under a tensile test or
pass an impact shock test in order to be considered as ductile iron (as
opposed to cast iron) acceptable for use in hydraulic system
components. By comparison, ABS considers ferrous cast material
exhibiting 12 percent elongation in 50 millimeters (2 inches) as
ductile iron without the option for an impact shock test. The Coast
Guard considers the elongation requirement to be an important
distinction between ductile iron and cast iron and prefers to harmonize
the acceptance criteria for ductile iron with ABS. The final rule
revises Sec. 56.60-15, Ductile Iron, to reference the requirements of
Sec. 56.60-10, Cast Iron, for those materials that do not exhibit at
least 12 percent elongation in 50 millimeters (2 inches) under a
tensile test. Additionally, as Sec. 58.30-15, Pipe, tubing, valves,
fittings, pumps, and motors, references the materials requirements of
Secs. 56.60-1 and 56.60-2, and therefore the elongation and impact
shock testing requirements in Sec. 56.60-15, the elongation and impact
shock testing requirements in Sec. 58.30-15 are no longer needed.
Removing the previously mentioned testing requirements from Sec. 58.30-
15 also necessitates removing references to Sec. 58.30-15 included in
Secs. 56.60-10, 56.60-20, and 58.30-5 and the impact shock test
procedures included in Sec. 58.30-17.
Section 58.30-15 also contains testing requirements for cast
aluminum alloys used in hydraulic components. Under current regulations
a cast aluminum alloy intended for use in hydraulic components must
exhibit 10 percent elongation in 50 millimeters (2 inches) under a
tensile test or pass the same impact shock test previously mentioned
for ferrous cast materials. Numerous valve and pipe fitting designs
employing cast aluminum alloys exhibiting elongation characteristics
much lower than 10 percent in 50 millimeters (2 inches) have been
accepted on the basis of the impact shock test results and have
demonstrated satisfactory service. Additionally, ABS has no similar
testing requirements for cast aluminum alloys and has also found that
valve and pipe fittings manufactured with cast aluminum alloys having
elongation characteristics lower than 10 percent in 50 millimeters (2
inches) have demonstrated satisfactory service.
Revising the testing and acceptance criteria for ferrous cast
materials and cast aluminum alloys would harmonize the regulations with
industry practices, simplify the regulations, complete the steps
necessary to incorporate ASTM F 1476-93 by reference and, therefore, is
within the scope of the NPRM.
Therefore, the final rule adopts a revision to the NPRM by updating
the testing and acceptance criteria for ferrous cast materials and cast
aluminum alloys used in hydraulic system components.
Subpart 162.027 and Secs. 34.10-10, 34.10-90, 76.10-10, 76.10-90,
95.10-10, 95.10-90, 108.425, 167.45-40, 193.10-10 and 193.10-90---
Firehose Nozzles
One written comment noted that testing firehose nozzles in
accordance with ASTM F 1546-94 (Firehose Nozzles) proposed for
incorporation by reference, is cost prohibitive and suggested that
testing costs may become more reasonable if the Coast Guard recognized
previous tests performed on identical materials or components. This
comment stems from a misunderstanding of the role of independent
laboratories when testing equipment required to be approved by the
Coast Guard. Under the proposed revisions to subpart 162.027, nozzles
would be considered approved by the Coast Guard if the nozzles
successfully pass the tests specified in ASTM F 1546-94 when tested by
an independent laboratory accepted by the Coast Guard. The Coast Guard
does not prohibit accepted independent laboratories from applying the
results of previous testing to subsequent, required testing of
identical materials or components. The determination to do so is up to
the individual independent laboratory, unless otherwise stated in Coast
Guard regulations. The Coast Guard uses oversight processes and field
inspection reports to determine whether manufacturing and independent
laboratory testing consistently result in products that meet the
requirements and intent of the regulations.
As the Coast Guard does not dictate to independent laboratories
whether previous test may be used to satisfy an incorporated industry
consensus standard, the incorporation of ASTM F 1546-94 into Coast
Guard regulations will not add any additional Coast Guard induced
economic burden on manufacturers. Therefore, while the Coast Guard
notes this comment, the comment does not directly affect the overall
proposal to incorporate ASTM F 1546-94 into the regulations for
firehose nozzles.
Another commenter asserted that the operator-protection test in
ASTM F 1546-94 is costly and unnecessary given the other tests and
provisions in ASTM F 1546-94. The Coast Guard disagrees with this
comment. The Coast Guard interviewed firefighters, fire fighting
trainers, and fire department maintenance personnel to gain an
understanding of the operational and maintenance factors that should be
considered in an ASTM standard for fire hose nozzles. The Coast Guard
then worked with nozzle manufacturers in the development of ASTM F
1546-94,
[[Page 25988]]
keeping in mind the information obtained from professional
firefighters. The operator-protection test is the only test in ASTM F
1546-94 that measures a nozzle's effectiveness in protecting the nozzle
operator from a sudden heat rise. The test is essential to determining
whether the nozzle, when operated properly, can provide a firefighter
with sufficient time to escape an unexpected fire hazard.
Additionally, ASTM F 1546-94 has undergone a rigorous review and
balloting process through ASTM and the provisions of ASTM F 1546-94
have been accepted by both the Coast Guard and industry. Given this
Coast Guard/industry consensus on the provisions of ASTM F 1546-94,
constructively changing the standard via regulatory requirements would
be inconsistent with the Coast Guard's committment to fostering Coast
Guard/industry partnerships and the goals of incorporating industry
consensus standards by reference. Proposed revisions to ASTM F 1546-94
are outside the scope of this rulemaking and must be considered through
the normal industry consensus standard process.
Therefore, while the Coast Guard notes the comment, the Coast Guard
does not agree that the provisions of ASTM F 1546-94 should be modified
through the final rule.
Another participant at the public meeting disagreed with the Coast
Guard's proposal to incorporate the provisions of ASTM F 1546-94
pertaining to firehose nozzles that are suitable for use only in fresh
water. The commenter argued that the regulations should prohibit
firehose nozzles intended only for fresh water service in accordance
with ASTM F 1546-94, because the nozzles might be placed on vessels
operating in salt water service and, as a result, the nozzles may not
function properly when needed. The Coast Guard disagrees with this
comment. As previously mentioned, the Coast Guard helped firehose
nozzle manufacturers develop ASTM F 1546-94 with the specific intention
of incorporating this standard into the regulations to replace the
detailed specifications in subpart 162.027 and to make an improved fire
fighting product available to the marine industry. Nozzles manufactured
of aluminum alloys are currently the only type specifically mentioned
in ASTM F 1546-94 (sections 6.1.2, 9.8.1 and 12) as unsuitable for salt
water service. Most shoreside fire fighting organizations, including
those in coastal, salt air locations, use firehose nozzles constructed
of anodized aluminum with fresh water drawn from municipal water
supplies. The anodized aluminum nozzle is rugged, reliable and lighter
than similar brass nozzles, which are currently the only type of nozzle
approved by the Coast Guard. Whereas brass nozzles are suitable for any
service, the aluminum nozzle is not suitable for service in a salt
water environment because, if the anodized coating is damaged, the
aluminum nozzle body is susceptible to salt water corrosion, which may
render the nozzle inoperable.
To protect against aluminum nozzles being placed on vessels in salt
water service, the Coast Guard ensured that ASTM F 1546-94 contained
provisions for marking firehose nozzles manufactured of aluminum alloys
with ``F.W. Only'' to indicate suitability only for fresh water
service.
It is true, as argued by the commenter, that without mindfulness in
the marine industry, it is possible that nozzles intended only for
fresh water service may be placed on vessels operating in salt water.
However, only allowing nozzles suitable for both fresh and salt water
service on vessels would needlessly penalize the owners and operators
of vessels operating exclusively in fresh water by prohibiting the
lighter and more common anodized aluminum nozzles. Additionally,
firehose nozzles are examined at each Coast Guard inspection and owners
and operators would be required to replace unsuitable nozzles.
Therefore, the final rule incorporates all of the provisions in
ASTM F 1546-94 regarding firehose nozzles intended for fresh or salt
water service.
After further review of the proposed revisions to subpart 162.027,
the Coast Guard is making editorial changes to the regulatory language.
Specifically, the provisions related to testing conducted by a
recognized laboratory in the proposed Sec. 162.027-3, Approval
procedures, have been moved to Sec. 162.027-2, Design, construction,
testing, and marking requirements.
These revisions represent an editorial reorganization of the
proposals in the NPRM and do not affect the scope or intent of the
NPRM. Therefore, the final rule revises the proposals in the NPRM by
including the previously mentioned editorial changes.
Secs. 35.07-5, 35.07-15, 78.37-3, 97.35-3, 97.35-10, 196.35-3, and
196.35-10--Logbooks
Several written comments were received about logbooks on merchant
vessels. One comment noted that the proposed rules suggest that the
Coast Guard will no longer gratuitously provide the official logbooks
required by the regulations. The comment also noted that the current
version of the official logbook (CG-706) contains outdated references
to sections of the U.S. Code. The Coast Guard agrees that the
regulations should explicitly continue to explain that official
logbooks may be obtained gratuitously from any Officer in Charge,
Marine Inspection. Also, the Coast Guard agrees that updating the
official logbook form to reference current statutes is necessary. The
Coast Guard is currently revising the logbook form to include updated
references.
Therefore, the final rule revises the proposals of the NPRM by
retaining text to explain that official logbooks may be obtained
gratuitously from any Officer in Charge, Marine Inspection.
Another written comment suggested that the Coast Guard should issue
additional regulations regarding logbook requirements for uninspected
towing vessels arguing that requiring logbook entries is the best way
of enforcing applicable requirements for uninspected towing vessels.
The Coast Guard disagrees with this suggestion. Title 46 of the United
States Code, section 11301 (46 U.S.C. 11301) requires all U.S. vessels
on a foreign voyage, or, of at least 100 gross tons and on a voyage
from a port in the Atlantic Ocean to a port in the Pacific Ocean to
maintain an official logbook and describes the information to be
recorded in the official logbook. The Coast Guard does not currently
require uninspected towing vessels not otherwise subject to 46 U.S.C.
11301 to maintain official logbooks.
While the Coast Guard is concerned about violations of safety
regulations on uninspected towing vessels, it is beyond the scope of
this rulemaking to address these issues. Therefore, the final rule does
not adopt new requirements concerning logbooks on uninspected towing
vessels.
Secs. 32.05-5, 35.40-40, 78.47-67, 97.35-45, 167.55-5, 169.742 and
196.37-45--Equipment Marking
The Coast Guard proposed in the NPRM to remove the requirement to
mark fire axes and firehoses with the vessel's name as these items do
not float and would not aid in identifying debris from a sunked vessel.
However, this proposal is also included in another rulemaking regarding
lifesaving and firefighting equipment. Therefore, the proposal to
remove the requirement to mark fire axes and fire hoses with the
vessel's name is withdrawn from the final rule.
One written comment suggested removing the requirement to mark life
[[Page 25989]]
jackets with the vessel's name on all inland vessels. The commenter
reasoned that the need to identify debris after an accident is less
critical on inland vessels than on oceangoing vessels because inland
commercial vessels are often on dedicated routes. While the Coast Guard
considers this suggestion to be consistent with the spirit of the final
rule, it would be a substantive change to Coast Guard requirement for
which prior public comment is preferred.
Therefore, the final rule adopts the original proposals of the NPRM
regarding marking emergency equipment. The suggestion to remove the
requirements for marking life jackets with the vessel's name on all
inland vessels will be considered for future rulemaking.
Secs. 108.611, 108.613, 108.615, 108.659, 109.529, 109.531, 109.533,
109.535, 109.537 and 109.539--Mobile Offshore Drilling Units.
Several written comments were received about proposed changes to
the regulations for mobile offshore drilling units (MODU). One comment
pointed out that if Sec. 108.613, regarding requirements for power-
operated industrial trucks on MODUs, was being removed, then related
Secs. 108.611 and 108.615 should also be removed. The Coast Guard
agrees with this comment. It was the Coast Guard's intention to remove
all sections regarding power-operated industrial trucks as the Coast
Guard considers regulations for power-operated industrial trucks to be
no longer needed. The removal of sections 108.611 and 108.613, as well
as, Secs. 109.529 through 109.539 was inadvertently omitted from the
NPRM.
As the preamble to the NPRM discussed the removal of all
regulations for power-operated industrial trucks, removal of
additional, inadvertently omitted regulations for power-operated
industrial trucks is within the scope of the NPRM. Therefore, the final
rule removes Secs. 108.613, 108.615, and 109.529 through 109.539 in
addition to adopting the original proposals of the NPRM regarding
power-operated industrial trucks on MODUs.
Another comment suggested that regulations for breeches buoy
instructions, proposed for removal from other subchapters by the NPRM,
be removed from the requirements for MODUs as breeches buoys are no
longer used for lifesaving purposes on MODUs. The Coast Guard agrees
with this suggestion. It was the Coast Guard's intention to removal all
requirements for breeches buoy instructions from title 46 CFR. The
sections requiring breeches buoy instructions on MODUs were
inadvertently omitted from the NPRM.
As removing all requirements for breeches buoy instructions was
discussed in the NPRM, removing additional, inadvertently omitted
requirements for breeches buoy instructions is within the scope of the
NPRM. Therefore, the final rule removes requirements for breeches buoy
instructions in Sec. 108.659 in addition to adopting the original
proposals of the NPRM regarding breeches buoy instructions.
A separate comment suggested removing the requirement in
Sec. 108.637 for marking hand-portable fire extinguishers and their
associated stations on MODUs because a similar requirement is not
included in other subchapters of 46 CFR. The Coast Guard disagrees with
this suggestion because it stems from a misunderstanding of the
requirements for marking emergency equipment in the other subchapters
of 46 CFR. A requirement for marking hand-portable fire extinguishers
and their associated stations is included in the equipment marking
provisions for tank vessels, passenger vessels and cargo vessels in
Secs. 37.40-25, 78.47-30 and 97.37-23, respectively. Also, the ability
to match hand-portable fire extinguishers with their stations is an
effective method to ensure that extinguishers are available as expected
in a vessel's approved fire control plan.
Therefore, the final rule does not adopt the suggestion to remove
the requirements for marking hand-portable extinguishers and their
associated stations.
Another comment suggested removing the reference to 46 CFR part 147
concerning vessel stores in Sec. 109.558, which addresses hazardous
vessel stores, because it is redundant to the applicability section of
part 147. The Coast Guard agrees with this comment. One of the goals of
the final rule is to remove provisions that are repeated in another
section when removal of the provision does not make the regulations
confusing or hard to use. Therefore, as the requirement is duplicative
with another section in the CFR and the removal of the reference to 46
CFR part 147 in Sec. 109.558 is not a substantive change, the final
rule adopts the suggestion to remove the reference to 46 CFR part 147
in Sec. 109.558.
The following discussion summarizes the changes being made by this
final rule to 46 CFR.
1. The requirement addresses equipment that is no longer
manufactured or used. The following sections are being removed or
revised because they impose requirements for equipment that is no
longer manufactured, is technologically obsolete, or is no longer used
in the marine industry.
Seciton 31.10-15(a) of title 46 CFR contains requirements for
nuclear vessels. This section was inadvertently omitted from an earlier
rulemaking entitled Removal of Obsolete and Unnecessary Regulations (60
FR 48044), which focused on removing regulations for nuclear vessels,
ocean incinerator vessels, and ocean thermal energy conversion
facilities and plantships. Therefore, this section which pertains to
nuclear vessels is being removed.
Section 34.05-5 and subparts 34.13, 76.13, and 95.13 of 46 CFR
contain requirements for steam smothering systems used for fire
fighting purposes. The Coast Guard has prohibited installation of steam
smothering systems on vessels since 1962. Existing steam smothering
systems may be retained as long as they are kept in good condition to
the satisfaction of the Officer in Charge, Marine Inspection. As no new
installations of steam smothering systems are allowed and the designs
of existing installations have already been approved, the design
requirements for steam smothering systems are no longer necessary and
are being removed. The Coast Guard is retaining the regulations
pertaining to testing and inspection of installed systems.
Subparts 35.70, 78.80, 97.70, and Secs. 78.83-1, 97.70-1, 108.611,
108.613, 108.615, 109.529, 109.531, 109.533, 109.535, 109.537, and
109.539 of title 46 CFR contain requirements for power-operated
industrial trucks. Power-operated industrial trucks have been used
historically on break-bulk vessels for handling cargo in the holds.
Only 66 U.S. flag break-bulk ships are currently inspected by the Coast
Guard. Well over half of these vessels are maintained by the Maritime
Administration (MARAD), but are not operating. Of MARAD's vessels, only
7 will eventually carry power-operated industrial trucks as ship's
equipment. On the remaining, privately owned break-bulk vessels, few
trucks are still carried as vessel's equipment because dockside trucks
are readily available. Trucks are also used on mobile offshore drilling
units (MODUs) to move palletized stores such as bagged cement.
Efficient cargo handling systems are increasingly replacing trucks
aboard MODUs for this purpose. The demand for faster loading methods
and the evolution of container vessels, lighter-abroad vessels (LASH)
and roll-on/roll-off (RORO) vessels has also reduced the use of power-
operated industrial trucks. Additionally, there have been no reported
accidents
[[Page 25990]]
involving power-operated industrial trucks in the last 15 years.
Therefore, regulations for power-operated industrial trucks are no
longer necessary and are being removed.
Sections 32.15-10, 77.27-1, 96.27-1, and 167.40-20 of 46 CFR
contain requirements for sounding equipment, including deep-sea hand
leads. Reliable, inexpensive electronic sounding equipment and position
fixing equipment are available from numerous manufacturers. It is
unlikely that a hand lead would be necessary to determine the water
depth. Therefore, the requirements for deep sea hand leads are not
necessary and are being removed.
Section 32.02-5 and subparts 78.35, 97.33, and 196.33 require cable
travelers between fore and aft deck houses separated by more than 46
meters (150 feet) to protect crossing the weather decks. Cable
travelers have been replaced by raised fore and aft bridges and side
tunnels as safer means of moving between the deckhouses. Additionally,
modern vessel designs have abandoned the two deckhouse arrangement in
favor of a single deckhouse. Therefore, these sections are being
revised to remove the requirement for installation of cable travelers
between separated deckhouses and merely require a fixed means of
facilitating movement between both ends of the vessel.
Sections 34.05-15, 76.05-30, 95.05-20, 167.45-40, 193.05-20 and
subpart 34.55 of 46 CFR require sand, sawdust impregnated with soda or
other appropriate dry materials, and a scoop or shaker for
distribution, to be located in the machinery spaces for fire fighting
purposes. Sand is inferior to other common fire fighting means such as
portable extinguishers, which makes this burdensome requirement
inappropriate. Therefore, regulations requiring sand in the engineroom
are being removed.
Subparts 35.12, 78.53, 97.43, 196.43 and Sec. 167.65-50 of 46 CFR
require instructions for the use of breeches buoys. Modern
communications and lifesaving equipment have made the use of breeches
buoys for lifesaving purposes obsolete. Therefore, the requirement for
an instruction placard for the use of breeches buoys is no longer
necessary and these sections are being revised.
Sections 35.30-45, 72.05-60, 167.40-35, and 169.321 and subparts
78.75, 97.60, and 196.60 of 46 CFR contain requirements for motion
picture film, principally designed to prevent fires. Subpart 78.75 also
contains a requirement that motion picture projectors comply with the
requirements in the electrical engineering regulations. With the
exception of large passenger vessels, which use motion picture
projectors in their movie theaters, video cassette recorders and
televisions have replaced motion picture projectors on most vessels.
Slow-burning film is the only type of film currently available in reel
format for use with movie projectors. Section 111.89-1 of 46 CFR
requires all motion picture projectors to meet Article 540 of he
National Electrical Code. Therefore, as the risks previously associated
with motion picture film no longer exist, the regulations for motion
picture film are not necessary and are being removed.
Sections 108.403 and 167.45-55 of 46 CFR allow the installation of
water spray systems for fire fighting purposes in boiler spaces of
MODUs and public nautical school ships. Other fire fighting media, such
as carbon dioxide, have proven more effective, reliable and practical
than water spray systems. In addition, there are currently no MODUs or
public nautical school ship using a water spray system in a boiler
space for fire fighting purposes. Therefore, these provisions are not
necessary and are being removed.
Subpart 160.018 of 46 CFR contains specifications for rigid
liferafts. Rigid liferafts are no longer manufactured for use in the
marine industry. Therefore, the specifications for rigid liferafts in
46 CFR 160.018 are no longer necessary and are being removed.
Subpart 160.034 of 46 CFR contains specifications for lifeboat
hand-propelling gear. Hand-propelled lifeboats have largely been
replaced by reliable, engine-driven lifeboats and are no longer
manufactured for use in the marine industry. Therefore, the
specifications for hand-propelling gear in 46 CFR 160.034 are no longer
necessary and are being removed.
Section 164.016 of 46 CFR contains specifications for microcellular
nylon used in the construction of lifesaving equipment. Microcellular
nylon has been replaced by more effective materials and is no longer
manufactured for use in Coast Guard approved lifesaving equipment.
Therefore, the specifications for microcellular nylon are no longer
needed and are being removed.
The following table lists the sections that affected by the removal
or revision of regulations pertaining to equipment that is no longer
used.
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Cite (46 CFR) CFR change Subject addressed by regulation
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Part 15.................................... Revision................................ Authority citation.
Sec. 31.10-15............................. Revision................................ Nuclear vessels.
Sec. 32.02-5.............................. Revision................................ Cable traveler.
Sec. 32.15-10............................. Revision................................ Deep-sea hand leads.
Sec. 34.05-5.............................. Revision................................ Steam smothering systems.
Sec. 34.05-15............................. Removal................................. Sand in the engineroom.
Subpart 34.13.............................. Revision................................ Steam smothering systems.
Subpart 34.55.............................. Removal................................. Sand in the engineroom.
Subpart 35.12.............................. Revision................................ Breeches buoy placard.
Sec. 35.30-45............................. Removal................................. Motion picture film.
Subpart 35.70.............................. Removal................................. Power-operated industrial trucks.
Sec. 72.05-60............................. Removal................................. Motion picture film.
Sec. 76.05-20............................. Revision................................ Fixed fire fighting systems.
Sec. 76.05-30............................. Removal................................. Sand in the engineroom.
Subpart 76.13.............................. Revision................................ Steam smothering systems.
Sec. 77.27-1.............................. Revision................................ Deep-sea hand leads.
Subpart 78.35.............................. Revision................................ Cable traveler.
Subpart 78.53.............................. Revision................................ Breeches buoy placard.
Subpart 78.75.............................. Removal................................. Motion picture film.
Subpart 78.80.............................. Removal................................. Power-operated industrial trucks.
Sec. 78.83-1.............................. Revision................................ Power-operated industrial trucks.
Sec. 95.05-10............................. Revision................................ Fixed fire fighting systems.
Sec. 95.05-20............................. Removal................................. Sand in boiler rooms.
[[Page 25991]]
Subpart 95.13.............................. Revision................................ Steam smothering systems.
Sec. 96.27-1.............................. Revision................................ Deep-sea hand leads.
Subpart 97.33.............................. Revision................................ Cable traveler.
Subpart 97.43.............................. Revision................................ Breeches buoy placard.
Subpart 97.60.............................. Removal................................. Motion picture film.
Subpart 97.70.............................. Removal................................. Power-operated industrial trucks.
Sec. 97.80-1.............................. Revision................................ Power-operated industrial trucks.
Sec. 108.403.............................. Revision................................ Water spray systems.
Sec. 108.611.............................. Removal................................. Power-operated industrial trucks.
Sec. 108.613.............................. Removal................................. Power-operated industrial trucks.
Sec. 108.615.............................. Removal................................. Power-operated industrial trucks.
Sec. 108.659.............................. Revision................................ Breeches buoy placard.
Sec. 109.529.............................. Removal................................. Power-operated industrial trucks.
Sec. 109.531.............................. Removal................................. Power-operated industrial trucks.
Sec. 109.533.............................. Removal................................. Power-operated industrial trucks.
Sec. 109.535.............................. Removal................................. Power-operated industrial trucks.
Sec. 109.537.............................. Removal................................. Power-operated industrial trucks.
Sec. 109.539.............................. Removal................................. Power-operated industrial trucks.
Subpart 160.018............................ Removal................................. Rigid liferafts.
Subpart 160.034............................ Removal................................. Lifeboat hand propelling gear.
Subpart 164.016............................ Removal................................. Microcellular nylon.
Sec. 167.40-20............................ Revision................................ Deep-sea hand leads.
Sec. 167.40-35............................ Removal................................. Motion picture film.
Sec. 167.45-40............................ Revision................................ Sand in enginerooms.
Sec. 167.45-55............................ Removal................................. Water spray systems.
Sec. 167.65-50............................ Revision................................ Breeches Buoy placard.
Sec. 169.321.............................. Removal................................. Motion picture film.
Sec. 193.05-20............................ Removal................................. Sand in boiler rooms.
Subpart 196.33............................. Revision................................ Cable traveler.
Subpart 196.43............................. Revision................................ Breeches buoy placard.
Subpart 196.60............................. Removal................................. Motion picture film.
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2. The requirement is repeated in another section. The following
provisions are being removed or revised because the requirements are
repeated in other, more useful locations in 33 CFR or 46 CFR.
Subparts 32.95, 78.85, 97.75, 196.18, and 196.75 and Section
109.583 of Title 46 CFR contain identical language regarding the
requirement that certain vessels operate in accordance with the
requirements of the Federal Water Pollution Control Act (FWPCA), as
amended, the Oil Pollution Act (OPA), 1961, as amended and parts 151,
155, and 156 of 33 CFR. However, each of the requirements cited contain
language regarding their applicability. Therefore, the sections of 46
CFR that merely restate the applicability of the FWPCA, OPA, and 33 CFR
are not necessary and are being revised.
Sections 35.20-25 and 167.65-10 and subparts 78.25, 97.23, and
196.23 of 46 CFR prohibit carrying any light not required by law that
will interfere with distinguishing signal lights. However, rule 20 of
both the Inland and International Rules of the Road published in 33
U.S.C. 2020, contains the same requirement. It is more logical to
retain requirements pertaining to signal lights in the Rules of the
Road. Therefore, the sections of 46 CFR that prohibit carrying lights
that interfere with signal lights are not necessary and are being
removed.
Section 56.50-100 of 46 CFR contains a one sentence reference to
subpart 58.30 of 46 CFR for fluid power and control system
requirements. Subpart 58.30--Fluid Power and Control Systems contains
the detailed requirements. Therefore, Sec. 56.50-100 is not necessary
and is being removed.
Sections 92.01-13 and 190.01-13 of 46 CFR contain requirements for
the design and operation of sliding watertight door assemblies on cargo
and miscellaneous vessels and oceanographic research vessels. Section
170.270 of the subdivision and stability regulations in 46 CFR contains
identical requirements. The requirements for sliding watertight doors
included in part 170 apply to all vessels inspected under 46 CFR,
including cargo and miscellaneous vessels and oceanographic research
vessels.
Therefore, repeating the requirements for the design and operation
of sliding watertight door assemblies in Secs. 92.01-13 and 109.01-13
is not necessary and these provisions are being removed.
Section 109.558 of 46 CFR contains a one-sentence reference to part
147 for labeling, stowing and using hazardous vessel's stores. The
other subchapters for tank vessels, passenger vessels, and cargo and
miscellaneous vessels do not contain a similar reference. Therefore,
merely referencing part 147 for the labeling, stowing, and use of
hazardous vessel's stores without adding additional information is not
necessary and Sec. 109.558 is being removed.
In the following list of sections being removed or revised, the
citation to the sections where duplicate requirements are being
retained is indicated in square brackets below the section being
removed or revised.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cite (46 CFR) CFR change Subject addressed by regulation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subpart 32.95 [33 CFR Subchapter O]........ Removal................................. Oil pollution.
Sec. 35.20-25 [33 CFR 81 and 33 U.S.C. Removal................................. Unauthorized lights.
2020].
Sec. 56.50-100 [Sec. 58.30].............. Removal................................. Fluid power and control systems.
Subpart 78.25 [33 CFR 81 and 33 U.S.C. Removal................................. Unauthorized lights.
2020].
Subpart 78.85 [33 CFR Subchapter O]........ Removal................................. Pollution prevention.
Sec. 92.01-13 [46 CFR Subchapter S, Removal................................. Watertight doors.
Subpart H] [33 CFR 164.35].
[[Page 25992]]
Subpart 97.23 [33 CFR 81 and 33 U.S.C. Removal................................. Unauthorized lights.
2020].
Subpart 97.75 [33 CFR Subchapter O]........ Removal................................. Pollution prevention.
Sec. 109.558 [46 CFR Part 147]............ Removal................................. Hazardous vessel's stores.
Sec. 109.583 [33 CFR Subchapter O]........ Removal................................. Pollution Prevention.
Sec. 167.65-10 [33 CFR 81 and 33 U.S.C. Removal................................. Unauthorized lights.
2020].
Sec. 190.01-13 [46 CFR Subchapter S, Removal................................. Watertight doors.
Subpart H].
Subpart 196.18 [33 CFR Subchapter O]....... Removal................................. Pollution prevention.
Subpart 196.23 [33 CFR 81 and 33 U.S.C. Removal................................. Unauthorized lights.
2020].
Subpart 196.75 [33 CFR Subchapter O]....... Removal................................. Pollution prevention.
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3. The requirement does not improve shipboard safety. The following
sections are being removed or revised because they make no significant
contribution to shipboard safety. This list includes provisions that
are typically exceeded by industry voluntarily, regulations that have
outlived their usefulness and requirements that result in inefficient
administrative procedures.
Section 35.01-5 and subparts 32.40, 72.20, 92.20, 167.50, 168.15,
and 190.20 of 46 CFR contain requirements for on-board crew
accommodations. In some cases, the requirements contained in these
sections are unnecessarily detailed or exceed the requirements of the
U.S. Code or the International Labor Office Merchant Shipping (Minimum
Standards) Convention, 1976 (ILO 147) to which the United States is
signatory.
As discussed above, the changes in this rulemaking remove or revise
those sections of the regulations that are unnecessarily detailed or
exceed the requirements of the U.S. Code or ILO 147 in order to make
the regulations more concise and consistent with the international
standard for on-board crew accommodations. Provisions that affect
shipboard safety are not being removed or revised.
Sections 35.10-5 and 35.20-30 of 46 CFR discuss the officer in
command's responsibility to conduct drills and the prohibitions against
unauthorized lights, flashing blinding lights and unauthorized
whistling. Sections 35.25-1 of 46 CFR discusses the chief engineer's
responsibility to examine the boilers and report their condition.
Additionally, Secs. 78.57-1, 97.47-1, and 167.65-15 of 46 CFR require
mariners to strictly comply with routing instructions issued by
competent naval authorities. Each of these sections include phrases to
indicate that the master or other licensed officers of a vessel may be
held liable against their licenses in suspension and revocation
proceedings for failure to comply with the provisions of the these
sections. Phrases of this type are inconsistent with the President's
memorandum of March 4, 1995, directing federal agencies to focus on
results rather than process and punishment and do not contribute to
shipboard safety. The authority to proceed in suspension and revocation
proceedings against licensed or certificated mariners that fail to obey
a law or regulation is explained in part 5 of this chapter. Reiterating
a mariner's liability in other subchapters is not necessary. Therefore,
to meet the Coast Guard's goal of focusing on results instead of
process and punishment, this final rule removes or revises sections
that restate mariners' liability for failure to obey laws or
regulations, while retaining the prohibition against the underlying
conduct.
Sections 35.20-15, and 167.65-30 and subparts 78.20, 97.17 and
196.17 of 46 CFR specify that the words ``Right rudder'' and ``Left
rudder'' be used when it is intended that the wheel, rudder blade and
the head of the vessel move to the right or left, respectively.
Specifying the direction of the wheel, rudder or vessel intended by the
commands ``Right rudder'' and ``Left rudder'' is a detail that is not
necessary for professional seamen. It is the shared responsibility of
the helmsman and the deck officer or pilot to ensure that terminology
and orders are understood. Specifying commands in the regulations does
not diminish that responsibility. Therefore, these regulations are not
necessary and are being removed.
Sections 61.04-5 and 61.30-5 of 46 CFR assign responsibilities to
the chief engineer to prepare the boilers and thermal fluid heaters for
inspection. Preparing machinery for inspection reduces the time needed
to conduct the required inspections and determine the condition of the
machinery. As discussed above, it is a matter of convenience for the
vessel and the attending marine inspectors or classification society
surveyors to have the machinery prepared in advance, but is not a
significant safety issue. It is doubtful that a deck officer or other
person not familiar with machinery would be assigned to prepare
machinery for inspection because of the great potential for costly
delays. Also, other sections in the regulations impart ultimate
responsibility for the vessel's machinery to the chief engineer.
Therefore, regulations assigning the responsibility to prepare
machinery for inspection to the chief engineer are being removed.
Sections 54.01-1, 54.01-3, and 54.01-5 and table 54.01-5 of 46 CFR
reference the standards of the Tubular Exchanger Manufacturers
Association (TEMA) and the American Society of Mechanical Engineers
(ASME) Code for Boilers and Pressure Vessels (ASME Code) for the
construction of heat exchangers. Comments received from heat exchanger
manufacturers and shipyards indicate that referencing both the TEMA and
ASME standards has create confusion. The ASME Code is the primary
industry standard for pressure vessels of all types and is extensively
referenced in the regulations. The ASME Code is comprehensive and
includes updated requirements for design and construction of the heat
exchanger components for which a reference to TEMA standards was
previously necessary. The ASME Code requirements are equivalent to TEMA
requirements. Heat exchangers built solely in accordance with the ASME
Code have demonstrated their suitability for shipboard use. Referencing
only the ASME Code will result in simplified regulations and less
confusion. Therefore, the regulations referencing the TEMA standards
are not longer necessary and are being removed.
Part 153 of 46 CFR contains the requirements for issuance of a
Certificate of Compliance (COC) and Subchapter O Endorsement (SOE).
Under the existing regulations, a COC and SOE are issued by the Coast
Guard to a foreign chemical tanker registered with a nation signatory
to the International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78).
Issuance of the COC and SOE is based primarily on a review of he
vessel's plans and possession of a valid Certificate of Fitness (COF)
issued by the flag state or an authorized third party.
The process to obtain a COC and SOE is initiated when a series of
documents
[[Page 25993]]
are submitted to the Coast Guard for review. The required submission of
these documents to both the Coast guard's Marine safety Center (MSC)
and the cognizant Officer in Charge, Marine Inspection (OCMI) often
results in unnecessary delays in obtaining a COC and SOE. Also, under
current practices, after the COC and SOE have been issued, if a Coast
Guard marine inspector discovers that the COF has been reissued by the
flag state or its authorized third party, the COC becomes invalid and
cargo operations have to be stopped until the MSC reviews the new COF
and issues a new SOE.
The new procedure will make the Coast Guard's regulations more
consistent with actual practice. Due to the large number of cargoes
typically authorized under a COF, currently the MSC does not conduct a
detailed review of the majority of a vessel's plans. Instead, the MSC
concentrates on identifying cargoes prohibited from bulk carriage in
U.S. waters and those cargoes for which the U.S. has special
requirements. The MSC accepts a valid COF issued by the flag state or
its authorized third part as documentation that he vessel complies with
the applicable international codes for carriage of bulk chemicals.
These codes are the Bulk Chemical Code (BCH Code) and the International
Bulk Chemical Code (IBC Code) developed by the International Maritime
Organization. Compliance with these codes is mandatory for any vessel
whose flag state is signatory to MARPOL 73/78. Under this rule, only
those chemical tankers whose flag state is not signatory to MARPOL 73/
78 will require a detailed plan review by the MSC to be issued an SOE.
Following the plan review, the MSC will issue an SOE to these vessels
with the notation that the flag state is not signatory to MARPOL 73/78.
Therefore this final rule amends the review and issuance process
found in 46 CFR part 153 to allow the OCMI to issue the COC and SOE
without the MSC's involvement for those vessels whose flag states are
signatory to MARPOL 73/78. This final rule also allows the SOE to
remain valid as long as the COF is valid even if the COF is revised.
The following table lists the sections that are affected by the
removal or revision of redundant information or inefficient
administrative procedures.
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Cite (46 CFR) CFR change Subject addressed by regulation
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Tank Vessels:
FR Doc. 96-12428 Adoption of Industry Standards
Subpart 32.40.......................... Revision................................ Accomodations.
Sec. 35.01-5.......................... Revision................................ Accommodations.
Sec. 35.10-5.......................... Revision................................ Emergency drills.
Sec. 35.20-15......................... Removal................................. Steering orders.
Sec. 35.20-30......................... Revision................................ Blinding lights.
Sec. 35.20-35......................... Revision................................ Unnecessary whistling.
Sec. 35.25-1.......................... Revision................................ Examination of boilers and machinery by engineer.
Pressure Vessels:
Sec. 54.01-1.......................... Revision................................ Heat exchangers.
Sec. 54.01-3.......................... Removal................................. Heat exchangers.
Sec. 54.01-5.......................... Revision................................ Heat exchangers.
Inspections and Examinations:
Sec. 61.05-5.......................... Revision................................ Preparing boilers for inspection.
Sec. 61.30-5.......................... Revision................................ Preparing thermal fluid heater for inspection.
Passenger Vessels:
Subpart 72.20.......................... Revision................................ Accommodations.
Subpart 78.20.......................... Removal................................. Steering orders.
Sec. 78.57-1.......................... Revision................................ Routing instructions.
Cargo and Miscellaneous Vessels:
Subpart 92.20.......................... Revision................................ Accommodations.
Subpart 97.17.......................... Removal................................. Steering orders.
Sec. 97.47-1.......................... Revision................................ Routing instructions.
Hazardous Cargoes:
Part 153............................... Revision................................ Certificate of Compliance procedures.
Public School Ships:
Sec. 167.65-15........................ Revision................................ Routing instructions.
Sec. 167.65-30........................ Removal................................. Steering orders.
Civilian Nautical School Ships:
Subpart 168.15......................... Revision................................ Accommodations.
Oceanographic Research Vessels:
Subpart 190.20......................... Revision................................ Accommodations.
Subpart 196.17......................... Removal................................. Steering orders.
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4. An appropriate industry standard or practice exists which can be
referenced instead of publishing detailed requirements in the
regulations. The Coast Guard has been systematically replacing detailed
specifications in the regulations with industry consensus standards for
over 20 years. To date, over 250 regulatory provisions have been
replaced with adopted industry standards. Incorporation of industry
standards saves time and resources for both the Coast Guard and
industry by streamlining the shipboard equipment acceptance process.
Sections 34.10-10, 34.10-90, 76.10-10, 76.10-90, 95.10-10, 95.10-
90, 108.425, 167.45-40, 193.10-10, and 193.10-90 of 46 CFR contain
requirements for firehose nozzles that are approved under 46 CFR
162.027. In 1994, as discussed above, the Coast Guard helped U.S.
nozzle manufacturers develop an ASTM standard for fire fighting
nozzles--ASTM F 1546-94, Fire Hose Nozzles. The standard was developed
for modern variable-flow or variable-pressure nozzles with the
expectation that it would eventually be incorporated into the
regulations. Testing conducted by the Coast Guard Research and
Development Center in
[[Page 25994]]
1988 demonstrated that these nozzles are superior to the currently
approved all-purpose nozzles. Two of the tested models were issued
Coast Guard approvals in 1990. Variable-flow or variable-pressure
nozzles are used by virtually every shoreside fire department in the
United States. Incorporation of this standard will make a superior
product with a long, successful service history available to the marine
industry.
Therefore, this final rule replaces the current specifications for
firehose nozzles contained in subpart 162.027 with a reference to ASTM
F 1546-94 and allows the use of nozzles that meet the new subpart
162.027 in addition to nozzles previously approved under subpart
162.027.
Section 38.25-10 of 46 CFR contains the inspection requirements for
safety relief valves installed on pressure vessel type cargo tanks used
in the carriage of liquefied petroleum gas. Under the current
regulations, safety relief valves must be tested and adjusted, if
necessary, every 4 years. The ABS rules require testing and adjustment
every 5 years. The ABS rules with the longer testing interval, have
proven to be adequate by the satisfactory performance of safety relief
valves on non-U.S. vessels classed by ABS. The Coast Guard has amended
the inspection intervals for vessel drydockings and for various pieces
of shipboard equipment to agree with the inspection intervals in
international standards and ABS rules. These amendments have been made
to allow major pieces of equipment to be tested on a cycle that
coincides with the normal drydock schedule for the convenience of the
vessel owner, class society and the Coast Guard when shipboard safety
is not affected. Therefore, this final rule changes the testing
interval for safety valves installed on pressure vessel type cargo
tanks from 4 years to 5 years to be consistent with international
standards and classification society rules.
Sections 56.30-25, 56.30-35, and 56.30-40 of 46 CFR contain
regulations for gasketed mechanical couplings and mechanically attached
fittings. In 1993, as discussed above, the Coast Guard and ASTM
developed ASTM standards F 1387-93 (Performance of Mechanically
Attached Fittings) and F 1476-93 (Performance of Gasketed Mechanical
Couplings for Use in Piping Applications) with the expectation that
they would eventually be incorporated into the regulations. Also, in
1994, ASTM F 1548-94 (the Performance of Fittings for Use with Gasketed
Mechanical Couplings Used in Piping Applications) was developed as a
companion standard for ASTM F 1476-93. This final rule incorporates
ASTM F 1387-93 into Sec. 56.35-30 and both ASTM F 1476-93 and ASTM F
1548-94 into Sec. 56.35-25, and clarifies the requirements for
mechanically attached fittings and gasketed mechanical couplings used
in piping applications.
As discussed above, Sec. 56.60-1 describes acceptable materials for
shipboard piping systems. Specifically, table 56.60-1(a) prohibits the
use of ductile iron conforming to ASTM standard A 536-83. However, the
specific grades of A 536-83 ductile iron referenced in ASTM F 1476-93
have a successful service history and have proven to be suitable for
shipboard use. Therefore, table 56.60-1(a) is revised to allow the use
of A 536-83 ductile iron for pipe fittings and valves. Additionally,
Sec. 56.60-15, which addresses the use of ductile iron in piping
systems, is being revised to allow the use of A 536-83 ductile iron.
Sections 58.30-5, 58.30-15, and 58.30-17 contain requirements for
the use of ferrous cast materials in hydraulic systems. Under the
current regulations, ferrous cast materials must exhibit at least 15
percent elongation in 50 millimeters (2 inches) when subjected to a
tensile test or pass an impact shock test to be considered ductile iron
and acceptable for use in hydraulic system components. As previously
mentioned, the Coast Guard prefers to retain an elongation requirement
for ductile iron while harmonizing with ABS requirements. Therefore,
the final rule revise Sec. 56.60-15 to include a requirement that
ductile irons exhibit 12 percent elongation in 50 millimeters (2
inches) under a tensile test without the option to pass an impact shock
test. As Sec. 58.30-15 references the requirements for ductile iron in
Sec. 56.60-2 and Sec. 56.60-15, the elongation and impact shock testing
provisions in Sec. 58.30-15 are no longer needed and are removed in the
final rule. The final rule also removes the references to Sec. 58.30-15
included in Secs. 56.60-10, 56.60-20, and 58.30-5 and the procedures
for impact shock testing in Sec. 58.30-17.
Section 58.30-15 also contains elongation and impact shock testing
requirements for cast aluminum alloys. As previously mentioned,
experience has shown that testing requirements for cast aluminum alloys
used in hydraulic components are no longer needed. Additionally,
removal of the testing requirements for cast aluminum alloys would
harmonize the regulations with ABS rules.
As a result of removing the testing requirements for cast aluminum
alloys in Sec. 58.30-15, footnote 16 of table 56.60-2(a), which
references the testing requirements of Sec. 58.30-15 and Sec. 58.30-17
is also being removed.
Section 61.20-17 of 46 CFR contains the requirements for tailshaft
examination intervals. The current requirements for tailshaft
examination intervals are based on the type of lubricant used in the
bearing lubrication system. With some exceptions, water-lubricated
tailshafts must be drawn and examined at each drydocking. Oil-
lubricated bearings need not be drawn and examined if the bearing
clearances are taken during drydocking, the inboard seals are examined,
the lubricating oil is analyzed, and nondestructive testing is
conducted on the connection between the propeller to the tailshaft. The
differences in the scope and frequency of inspection are due to the
non-corrosive properties of oil. Consequently, the use of an oil-
lubricated tailshaft can translate into substantial savings during
drydock periods. However, a potential drawback is liability for oil
released from leaky seals. As a result, industry demand has spurred
development of water-miscible, environmentally safe, non-corrosive
lubricants.
The Coast Guard supports the development and use of non-polluting
lubricants and has evaluated means for a manufacturer to demonstrate a
lubricant's equivalency to oil, based on the lubricant's non-corrosive
properties, for purposes of the tailshaft inspection interval. Under
this final rule, a water-miscible lubricant tested in accordance with
ASTM D 665-92 (Standard Test Method for Rust-Preventing Characteristics
of Inhibited Mineral Oil in the Presence of Water) may be considered
equivalent to oil for the purposes of the tailshaft inspection
interval. Therefore, this final rule incorporates ASTM D 665-92 into
the regulations and adds appropriate text into Sec. 61.20-17 explaining
the procedures for accepting water-miscible lubricants as equivalent to
oil. Additionally, this final rule clarifies the purpose of the
tailshaft lubricating oil analysis by explaining that the analysis is
to determine the presence of bearing material or other contaminants.
The following table lists the sections that are affected by the
removal or the revision of regulations that make a negligible
contribution to shipboard safety.
[[Page 25995]]
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Sec. 34.10-10............................. Revision................................ Firehose nozzles.
Sec. 34.10-90............................. Revision................................ Firehose nozzles.
Sec. 38.25-10............................. Revision................................ Safety relief valves.
Sec. 56.01-2.............................. Revision................................ Incorporation by reference.
Sec. 56.30-25............................. Revision................................ Flared, flareless and compression joints.
Sec. 56.30-35............................. Revision................................ Gasketed mechanical couplings.
Sec. 56.30-40............................. Removal................................. Mechanically attached fittings.
Sec. 56.60-1.............................. Revision................................ Piping materials.
Sec. 56.60-2.............................. Revision................................ Piping materials.
Sec. 56.60-10............................. Revision................................ Cast iron.
Sec. 56.60-15............................. Revision................................ Ductile iron.
Sec. 56.60-20............................. Revision................................ Nonferrous materials.
Sec. 58.30-5.............................. Revision................................ Impact shock testing.
Sec. 58.30-15............................. Revision................................ Cast materials.
Sec. 58.30-17............................. Removal................................. Impact shock testing.
Subpart 61.03.............................. New..................................... Incorporation by reference.
Sec. 61.20-17............................. Revision................................ Tailshaft inspections.
Sec. 76.10-10............................. Revision................................ Firehose nozzles.
Sec. 76.10-90............................. Revision................................ Firehose nozzles.
Sec. 95.10-10............................. Revision................................ Firehose nozzles.
Sec. 95.10-90............................. Revision................................ Firehose nozzles.
Sec. 108.425.............................. Revision................................ Firehose nozzles.
Subpart 162.027............................ Revision................................ Firehose nozzles.
Sec. 167.45-40............................ Revision................................ Firehose nozzles.
Sec. 193.10-10............................ Revision................................ Firehose nozzles.
Sec. 193.10-90............................ Revision................................ Firehose nozzles.
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5. Statutory language repeated. The regulatory text of the
following provisions repeats language or restates requirements from
self-executing statutes without any additional regulatory provisions.
Section 26.15-1 of 46 CFR repeats the statutory language of 46
U.S.C. 527e authorizing the Coast Guard to board numbered, uninspected
commercial vessels. however, section 527e of 46 U.S.C. was repealed on
August 10, 1971 (Pub. L. 92-75, 85 Stat. 228). The authority for the
Coast Guard to conduct boardings on uninspected vessels remains in
Title 14 U.S.C. 89 and need not be repeated in the regulations.
Therefore, Sec. 26.15-1 is revised to remove the cite to the repealed
authorizing statute.
Sections 35.07-5, 35.07-15, 78.37-3, 97.35-3, 97.35-10, 196.35-3,
and 196.35-10 of 46 CFR either repeat statutory language or paraphrase
statutory requirements for making logbook entries. Subparts 78.03,
97.03, and 196.03 of 46 CFR repeat the possible consequences of a
violation of the provisions of 46 CFR and mariners' liability under the
suspension and revocation proceedings. Sections 167.65-3 and 196.27-10
of 46 CFR repeat the statutory language regarding negligent operations
of a vessel. Regulations that do not add meaning or additional
requirements to self-executing statutes are not useful. Therefore,
regulations that only repeat language or summarize requirements from
self-executing statutes are not necessary and are being removed or
revised.
The following table lists the sections that are affected by the
removal or revision of regulations that repeat statutory language.
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Cite (46 CFR) CFR change Subject addressed by regulation
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Sec. 26.15-1.............................. Revision................................ Boarding by Coast Guard.
Sec. 35.07-5.............................. Revision................................ Logbook entries.
Sec. 35.07-15............................. Removal................................. Logbook entries.
Subpart 78.03.............................. Removal................................. Statutory penalties.
Sec. 78.37-3.............................. Revision................................ Logbook entries.
Subpart 97.03.............................. Removal................................. Statutory penalties.
Sec. 97.35-3.............................. Revision................................ Logbook entries.
Sec. 97.35-10............................. Removal................................. Logbook entries.
Sec. 167.65-3............................. Removal................................. Negligent operations.
Subpart 196.03............................. Removal................................. Statutory penalties.
Sec. 196.27-10............................ Removal................................. Negligent operations.
Sec. 196.35-3............................. Revision................................ Logbook entries.
Sec. 196.35-10............................ Removal................................. Logbook entries.
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Incorporation by Reference
The Director of the Federal Register has approved the material in
Secs. 56.01-2, 61.03-1, and 162.027-1 for incorporation by reference
under 5 U.S.C. 552 and 1 CFR part 51. The material is available as
indicated in these sections.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order, nor has it been reviewed by the Office of Management and
Budget. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11004,
February 26, 1979). The Coast
[[Page 25996]]
Guard expects the economic impact of this final rule to be so minimal
that a full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary.
Small Entities
Although this final rule is intended to reduce regulatory burden by
eliminating redundancy and clarifying compliance requirements, it will
not have a significant economic impact on a substantial number of small
entities because it amends portions of regulations that--
(1) Are purely administrative;
(2) Do not reflect common marine industry practice;
(3) Do not have general applicability; or
(4) Are repeated in other sections.
Additionally, any equipment previously approved under provisions of
the regulations being amended by this rule is still considered as
approved and need not obtain new approvals.
Therefore, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This final rule contains no new requirements for collection-of-
information under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under paragraph 2.B.2 of Commandant
Instruction M16475.1B, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects
46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
46 CFR Part 26
Marine safety, Penalties, Reporting and recordkeeping requirements.
46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 32
Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 34
Cargo vessels, Fire prevention, Marine safety.
46 CFR Part 35
Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 38
Cargo vessels, Fire prevention, Gases, Hazardous materials
transportation, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 54
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 56
Reporting and recordkeeping requirements, Vessels, Incorporation by
reference.
46 CFR Part 58
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 61
Reporting and recordkeeping requirements, Vessels, Incorporation by
reference.
46 CFR Part 72
Fire prevention, Marine safety, Occupational safety and health,
Passenger vessels, Seamen.
46 CFR Part 76
Fire prevention, Marine safety, Passenger vessels.
46 CFR Part 77
Marine safety, Navigation (water), Passenger vessels.
46 CFR Part 78
Marine safety, Navigation (water), Passenger vessels, Penalties,
Reporting and recordkeeping requirements.
46 CFR Part 92
Cargo vessels, Fire prevention, Marine safety, Occupational safety
and health, Seamen.
46 CFR Part 95
Cargo vessels, Fire prevention, Marine safety.
46 CFR Part 96
Cargo vessels, Marine safety, Navigation (water).
46 CFR Part 97
Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.
46 CFR Part 108
Fire prevention, Marine safety, Occupational safety and health, Oil
and gas exploration, Vessels.
46 CFR Part 109
Marine safety, Occupational safety and health, Oil and gas
exploration, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 153
Administrative practice and procedure, Cargo vessels, Hazardous
materials transportation, Marine safety, Reporting and recordkeeping
requirements, Water pollution control.
46 CFR Part 160
Marine safety, Reporting and recordkeeping requirements.
46 CFR Part 162
Fire prevention, Marine safety, Oil pollution, Reporting and
recordkeeping requirements, Incorporation by reference.
46 CFR Part 164
Fire prevention, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 167
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.
46 CFR Part 168
Occupational safety and health, Schools, Seamen, Vessels.
46 CFR Part 169
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Vessels.
46 CFR Part 189
Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.
46 CFR Part 190
Fire prevention, Marine safety, Occupational safety and health,
Oceanographic research vessels.
[[Page 25997]]
46 CFR Part 193
Fire prevention, Marine safety, Oceanographic research vessels.
46 CFR Part 196
Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.
For the reasons set out in the preamble, the Coast Guard amends 46
CFR parts 15, 26, 31, 32, 34, 35, 38, 54, 56, 58, 61, 72, 76, 77, 78,
92, 95, 96, 97, 108, 109, 153, 160, 162, 164. 167, 168, 169, 189, 190,
193, and 196 as follows:
PART 15--MANNING REQUIREMENTS
1. The authority citation for part 15 is revised to read as
follows:
Authority: 46 U.S.C. 2103, 3703, 8101, 8102, 8104, 8301, 8304,
8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 8905(b), 9102; 49
CFR 1.45 and 1.46.
PART 26--OPERATIONS
2. The authority citation for part 26 continues to read as follows:
Authority: 46 U.S.C. 3306, 4104, 6101, 8105; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
3. In Sec. 26.15-1, paragraphs (a) and (b) are removed, paragraph
(c) is redesignated as paragraph (b), and a new paragraph (a) is added
to read as follows:
Sec. 26.15-1 May board at any time.
(a) To facilitate the boarding of vessels by the commissioned,
warrant, and petty officers of the U.S. Coast Guard in the exercise of
their authority, every uninspected vessel, as defined in 46 U.S.C.
2101(43), if underway and upon being hailed by a Coast Guard vessel,
must stop immediately and lay to, or must maneuver in such a way to
permit the Coast Guard boarding officer to come aboard. Failure to
permit a Coast Guard boarding officer to board a vessel or refusal to
comply will subject the operator or owner of the vessel to the
penalties provided in law.
* * * * *
PART 31--INSPECTION AND CERTIFICATION
4. The authority citation for part 31 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 3703; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46; Section 31.10-21a also issued under the authority of Sect.
4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 31.10-15 [Amended]
5. In Sec. 31.10-15, paragraph (a) is amended by removing the words
``and in the case of nuclear vessels, at least once every year''.
PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS
6. The authority citation for part 32 continues to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; Subpart 32.59 also issued
under the authority of Sect. 4109, Pub. L. 101-380, 104 Stat. 515.
7. Section 32.02-5 is revised to read as follows:
Sec. 32.02-5 Communication between deckhouses--TB/OCLB.
On all tank vessels where the distance between deckhouses is more
than 46 meters (150 feet), a fixed means of facilitating communication
between both ends of the vessel, such as a raised fore and aft bridge
or side tunnels, must be provided. Previously approved arrangements may
be retained so long as they are maintained in satisfactory condition to
the satisfaction of the Officer in Charge, Marine Inspection.
8. Section 32.15-10 is revised to read as follows:
Sec. 32.15-10 Sounding machines--T/OCL.
All mechanically propelled vessels in ocean or coastwise service of
500 gross tons and over, and all mechanically propelled vessels in of
500 gross tons and over and certificated for service on the River St.
Lawrence eastward of the lower exit of the St. Lambert Lock at
Montreal, Canada, must be fitted with an efficient electronic deep-sea
sounding apparatus.
9. Subpart 32.40 is revised to read as follows:
Subpart 32.40--Accommodations for Officers and Crew
Sec.
32.40-1 Application--TB/ALL.
32.40-5 Intent--T/ALL.
32.40-10 Location of crew spaces--T/ALL.
32.40-15 Construction--T/ALL.
32.40-20 Sleeping accommodations--T/ALL.
32.40-25 Washrooms and toilet rooms--T/ALL.
32.40-30 Messrooms--T/ALL.
32.40-35 Hospital space--T/ALL.
32.40-40 Other spaces--T/ALL.
32.40-45 Lighting--T/ALL.
32.40-50 Heating and cooling--T/ALL.
32.40-55 Insect screens--T/ALL.
32.40-60 Crew accommodations on tankships of less than 100 gross
tons and manned tank barges--T/ALL.
32.40-65 Crew accommodations on tankships constructed before June
15, 1987--T/ALL.
Subpart 32.40--Accommodations for Officers and Crew
Sec. 32.40-1 Application--TB/ALL.
(a) The provisions of this subpart, except Sec. 32.40-60 and
Sec. 32.40-65, apply to all tankships of 100 gross tons and over
constructed on or after June 15, 1987.
(b) Tankships of less than 100 gross tons and manned tank barges
must meet the requirements of Sec. 32.40-60.
(c) Tankships of 100 gross tons and over constructed prior to June
15, 1987, must meet the requirements of Sec. 32.40-65.
Sec. 32.40-5 Intent--T/ALL.
The accommodations provided for officers and crew on all vessels
must be securely constructed, properly lighted, heated, drained,
ventilated, equipped, located, arranged and insulated from undue noise,
heat and odors.
Sec. 32.40-10 Location of crew spaces--T/ALL.
(a) Crew quarters must not be located farther forward in the vessel
than a vertical plane located at 5 percent of the vessel's length abaft
the forward side of the stem at the designed summer load water line.
However, for vessels in other than ocean or coastwise service, this
distance need not exceed 8.5 meters (28 feet). For the purposes of this
paragraph, the vessel's length must be as defined in Sec. 43.15-1 of
subchapter E (Load Lines) of this chapter. Unless approved by the
Commandant, no section of the deck head of the crew spaces may be below
the deepest load line.
(b) There must be no direct communication, except through solid,
close fitted doors or hatches between crew spaces and chain lockers, or
machinery spaces.
Sec. 32.40-15 Construction--T/ALL.
All crew spaces are to be constructed and arranged in a manner
suitable to the purpose for which they are intended and so that they
can be kept in a clean, workable and sanitary condition.
Sec. 32.40-20 Sleeping accommodations--T/ALL.
(a) Where practicable, each licensed officer shall be provided with
a separate stateroom.
(b) Sleeping accommodations for the crew must be divided into
rooms, no one of which may berth more than 4 persons.
(c) Each room must be of such size that there is at least 2.78
square meters
[[Page 25998]]
(30 square feet) of deck area and a volume of at least 5.8 cubic meters
(210 cubic feet) for each person accommodated. The clear head room must
not be less than 190 centimeters (75 inches). In measuring sleeping
accommodations any furnishings contained therein for the use of the
occupants are not to be deducted from the total volume or from the deck
area.
(d) Each person shall have a separate berth and not more than one
berth may be placed above another. The berth must be composed of
materials not likely to corrode. The overall size of a berth must not
be less than 68 centimeters (27 inches) wide by 190 centimeters (75
inches) long, except by special permission of the Commandant. Where two
tiers of berths are fitted, the bottom of the lower berth must not be
less than 30 centimeters (12 inches) above the deck. The berths must
not be obstructed by pipes, ventilating ducts, or other installations.
(e) A locker must be provided for each person accommodated in a
room.
Sec. 32.40-25 Washrooms and toilet rooms--T/ALL.
(a) At least 1 toilet, 1 washbasin, and 1 shower or bathtub must be
provided for each 8 members or portion thereof in the crew who do not
occupy sleeping accommodations to which private or semi-private
facilities are attached.
(b) The toilet rooms and washrooms must be located convenient to
the sleeping quarters of the crew to which they are allotted but must
not open directly into such quarters except when they are provided as
private or semi-private facilities.
(c) All washbasins, showers, and bathtubs must be equipped with
adequate plumbing, including hot and cold running water. All toilets
must be installed with adequate plumbing for flushing.
(d) At least 1 washbasin must be fitted in each toilet room, except
where private or semi-private facilities are provided and washbasins
are installed in the sleeping rooms.
(e) Where more than 1 toilet is located in a space or compartment,
each toilet must be separated by partitions.
Sec. 32.40-30 Messrooms--T/ALL.
(a) Messrooms must be located as near to the galley as is
practicable except where the messroom is equipped with a steam table.
(b) Each messroom must seat the number of persons expected to eat
in the messroom at one time.
Sec. 32.40-35 Hospital space--T/ALL.
(a) Each vessel which in the ordinary course of its trade makes
voyages of more than 3 days duration between ports and which carries a
crew of 12 or more, must be provided with a hospital space. This space
must be situated with due regard to the comfort of the sick so that
they may receive proper attention in all weathers.
(b) The hospital must be suitably separated from other spaces and
must be used for the care of the sick and for no other purpose.
(c) The hospital must be fitted with berths in the ratio of 1 berth
to every 12 members of the crew or portion thereof who are not berthed
in single occupancy rooms, but the number of berths need not exceed 6.
(d) The hospital must have a toilet, washbasin, and bathtub or
shower conveniently situated. Other necessary suitable equipment such
as a clothes locker, a table, and a seat must be provided.
Sec. 32.40-40 Other spaces--T/ALL.
Each vessel must have--
(a) Sufficient facilities where the crew may wash and dry their own
clothes, including at least 1 sink supplied with hot and cold fresh
water;
(b) Recreation spaces; and
(c) A space or spaces of adequate size available on an open deck to
which the crew has access when off duty.
Sec. 32.40-45 Lighting--T/ALL.
Each berth must have a light.
Sec. 32.40-50 Heating and cooling--T/ALL.
(a) All manned spaces must be adequately heated and cooled in a
manner suitable to the purpose of the space.
(b) The heating and cooling system for accommodations must be
capable of maintaining a temperature of 21 deg.C (70 deg.F) under
normal operating conditions without curtailing ventilation.
(c) Radiators and other heating apparatus must be so placed and
shielded, where necessary, to avoid risk of fire, danger or discomfort
to the occupants. Pipes leading to radiators or heating apparatus must
be insulated where those pipes create a hazard to persons occupying the
space.
Sec. 32.40-55 Insect screens--T/ALL.
Provisions shall be made to protect the crew quarters against the
admission of insects.
Sec. 32.40-60 Crew accommodations on tankships of less than 100 gross
tons and manned tank barges--TB/ALL.
(a) The crew accommodations on all tankships of less than 100 gross
tons and all manned tank barges must have sufficient size and
equipment, and be adequately constructed to provide for the protection
of the crew in manner practicable for the size, facilities, and service
of the tank vessel.
(b) The crew accommodations must be consistent with the principles
underlying the requirements for crew accommodations of tankships of 100
gross tons or more.
Sec. 32.40-65 Crew accommodations on tankships constructed before June
15, 1987--T/ALL.
All tankships of 100 gross tons and over constructed before June
15, 1987, may retain previously accepted or approved installations and
arrangements so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
Subpart 32.95 (Sec. 32.95-1)--[Removed]
10. Subpart 32.95 consisting of Sec. 32.95-1 is removed.
PART 34--FIRE FIGHTING EQUIPMENT
11. The authority citation for part 34 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
12. In Sec. 34.05-5, paragraphs (a), (a)(1), (a)(1), (a)(2) (a)(3)
and (a)(4) are revised to read as follows:
Sec. 34.05-5 Fire extinguishing systems--T/ALL.
(a) Approved fire extinguishing systems must be installed on all
tankships in the following locations. Previously approved installations
may be retained as long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
(1) Dry cargo compartments. A carbon dioxide or water spray system
must be installed for the protection of all dry cargo compartments.
Where such compartments are readily accessible by means of doors such
spaces need be protected only by the fire main system.
(2) Cargo tanks. A deck foam system must be installed for the
protection of all cargo tank spaces. Where a deck foam system is
installed, an approved inert gas, steam or other system may also be
installed for the purposes of fire prevention or inerting of cargo
tanks. For vessels under 100 feet in length, the semiportable equipment
required by footnote 1 of table 34.05-5(a) will be considered as
meeting the requirements of this subparagraph.
(3) Lamp and paint lockers and similar spaces. A carbon dioxide or
water spray system must be installed in
[[Page 25999]]
all lamp and paint lockers, oil rooms, and similar spaces.
(4) Pumprooms. A carbon dioxide, inert gas, foam or water spray
system must be installed for the protection of all pumprooms.
* * * * *
Sec. 34.05-15 [Removed]
13. Section 34.05-15 is removed.
14. In Sec. 34.10-10, paragraphs (e), (e-1) and (n) are removed,
table 34.10-10(E-1) is redesignated as table 34.10-(10)(E), paragraphs
(f) through (m) are redesignated as paragraphs (g) through (n),
respectively, and new paragraphs (e), (f) and (o) are added to read as
follows:
Sec. 34.10-10 Fire station hydrants, hose, and nozzles--T/ALL.
* * * * *
(e) Each fire station hydrant must have at least 1 length of
firehose. Each firehose on the hydrant must have a combination solid
stream and water spray firehose nozzle that meets the requirements in
subpart 162.027 of this chapter. Firehose nozzles previously approved
under subpart 162.027 of this chapter may be retained so long as they
are maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection. A suitable hose rack or other device must be
provided. Hose racks on weather decks must be located to afford
protection from heavy seas. The hose must be stored in a location that
is readily visible.
(f) Each combination firehose nozzle previously approved under
subpart 162.027 of this chapter in the locations listed in table 34.10-
10(E) must have a low-velocity water spray applicator also previously
approved under subpart 162.027 of this chapter that is of the length
listed in that table.
* * * * *
(o) Each low-velocity water spray applicator under paragraph (f) of
this section must have fixed brackets, hooks, or other means for
stowing next to the hydrant.
15. In Sec. 34.10-90, paragraphs (a)(12) and (a)(13) are removed,
paragraph (a)(14) is redesignated as (a)(12) and paragraphs (a)(10),
(a)(11) and (b)(2) are revised to read as follows:
Sec. 34.10-90 Installations contracted for prior to May 26, 1965--T/
ALL.
(a) * * *
(10) Each fire station hydrant on a tankship of 500 gross tons or
more must have at least 1 length of firehose. Each firehose on the
hydrant must have a combination solid stream and water spray firehose
nozzle that meets the requirements of subpart 162.027. Firehose nozzles
previously approved under subpart 162.027 of this chapter may be
retained so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
(11) On each tankship of 1000 gross tons or more, the firehose
nozzle required by paragraph (a)(10) of this section on each of the
following hydrants must have a low-velocity water-spray applicator that
was previously approved under subpart 162.027 and that connects to that
nozzle when the nozzle itself was previously approved under subpart
162.027--
(i) At least two hydrants in the Machinery and boiler spaces; and
(ii) At least 25 percent of other hydrants.
* * * * *
(b) * * *
(2) Each fire station hydrant must have at least 1 length of
firehose. Each firehose on the hydrant must have a combination solid
stream and water spray firehose nozzle that meets the requirements of
subpart 162.027. Firehose nozzles previously approved under subpart
162.027 of this chapter may be retained so long as they are maintained
in good condition to the satisfaction of the Officer in Charge, Marine
Inspection. If the firehose nozzles were previously approved under
subpart 162.027, each of the number of hydrants in the locations listed
in table 34.10-10(E) must have a low-velocity water spray applicator
that--
(i) Was previously approved under subpart 162.027 of this chapter;
(ii) Is the length listed in table 34.10-10(E); and
(iii) Meets Sec. 34.10-10(o).
16. Subpart 34.13 consisting of Sec. 34.13-1 is revised to read as
follows:
Subpart 34.13--Steam Smothering Systems
Sec. 34.13-1 Application--T/ALL.
Steam smothering fire extinguishing systems are not permitted on
vessels contracted for on or after January 1, 1962. Previously approved
installations may be retained as long as they are maintained in good
condition to the satisfaction of the Officer in Charge, Marine
Inspection.
Subpart 34.55 (Secs. 34.55-1, 34.55-5 and 34.55-10)--[Removed]
17. Subpart 34.55 consisting of Secs. 34.55-1, 34.55-5 and 34.55-10
is removed.
PART 35--OPERATIONS
18. The authority citation for part 35 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46.
Sec. 35.01-5 [Amended]
19. In Sec. 35.01-5, paragraphs, (b) and (c) are removed and the
paragraph designation ``(a)'' is removed from paragraph (a).
20. Section 35.07-5 is revised to read as follows:
Sec. 35.07-5 Logbooks and records--TB/ALL.
(a) The master or person in charge of a vessel that is required by
46 U.S.C. 11301 to have an official logbook shall maintain the logbook
on form CG-706. The official logbook is available free to masters of
U.S.-flag vessels from the officer in Charge, Marine Inspection, as
form CG-706B or CG-706C, depending on the number of persons employed in
the crew. When the voyage is completed, the master or person in charge
shall file the logbook with the Officer in Charge, Marine Inspection.
(b) The master or person in charge of a vessel that is not required
by 46 U.S.C. 11301 to have an official logbook, shall maintain, on
board, an unofficial logbook or record in any form desired for the
purposes of making entries therein as required by law or regulations in
this subchapter. Such logs or records are not filed with the Officer in
Charge, Marine Inspection, but must be kept available for review by a
marine inspector for a period of 1 year after the date to which the
records refer. Separate records of tests and inspections of fire
fighting equipment must be maintained with the vessel's logs for the
period of validity of the vessel's certificate of inspection.
Sec. 35.07-15 [Removed]
21. Section 35.07-15 is removed.
Sec. 35.10-5 [Amended]
22. In Sec. 35.10-5, paragraph (g) is removed and paragraphs (h)
and (i) are redesignated as paragraphs (g) and (h), respectively.
23. Subpart 35.12 consisting of Secs. 35.12-1 and 35.12-5 is
revised to read as follows:
Subpart 35.12--Placaid of Lifesaving Signals
Sec.
35.12-1 Application--T/OCLB.
35.12-5 Availability--T/OCLB.
[[Page 26000]]
Subpart 35.12--Placard of Lifesaving Signals
Sec. 35.12-1 Application--T/OCLB.
The provisions of this subpart apply to all vessels on an
international voyage, and all other vessels of 150 gross tons or over
in oceans, coastwise, or Great Lake service.
Sec. 35.12-5 Availability--T/OCLB.
On all vessels to which this subpart applies there must be readily
available to the deck officer of the watch a placard containing
instructions for the use of the lifesaving signals set forth in
regulations 16, chapter V, of the International Convention for Safety
of Life at Sea, 1974. These signals must be used by vessels or persons
in distress when communicating with lifesaving stations and maritime
rescue units.
Sec. 35.20-15 [Removed]
24. Section 35.20-15 is removed.
Sec. 35.20-25 [Removed]
25. Section 35.20-25 is removed.
26. Section 35.20-30 is revised to read as follows:
Sec. 35.20-30 Flashing the rays of a searchlight or other blinding
light--T/ALL.
No person shall flash, or cause to be flashed, the rays of a search
light or other blinding light onto the bridge or into the pilothouse of
any vessel under way.
27. Section 35.20-35 is revised to read as follows:
Sec. 35.20-35 Whistling--T/All.
The unnecessary sounding of a vessel's whistle is prohibited within
any harbor limits of the United States.
28. Section 35.25-1 is revised to read as follows:
Sec. 35.25-1 Examiniation of boilers and machinery by engineer--T/ALL.
It shall be the duty of an engineer when assuming charge of the
boilers to examine the same forthwith and thoroughly. If any part
thereof is found in bad condition, the engineer shall immediately
report the facts to the master, owner, or agent, and to the nearest
Officer in Charge, Marine Inspection.
Sec. 35.30-45 [Removed]
29. Section 35.30-45 is removed.
Subpart 35.70 (Sec. 35.70-1--35.70-35)--[Removed]
30. Subpart 35.70 consisting of Secs. 35.70-1 through 35.70-35 is
removed.
PART 38--LIQUEFIED FLAMMABLE GASES
31. The authority citation for part 38 is revised to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5101, 5106;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
32. In Sec. 38.25-10, paragraph (b) is revised to read as follows:
Sec. 38.25-10 Safety relief valves--TB/ALL.
* * * * *
(b) The safety relief valve discs must be lifted from their seats
in the presence of a marine inspector by either liquid, gas, or vapor
pressure at least once every 5 years to determine the accuracy of
adjustment and, if necessary, must be reset.
PART 54--PRESSURE VESSELS
33. The authority citation for part 54 continues to read as
follows:
Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 54.01-1 [Amended]
34. In Sec. 54.01-1, paragraph (b) is amended by removing the
incorporation by reference entry for the Tubular Exchanger
Manufacturers Association.
Sec. 54.01-3 [Removed]
35. Section 54.01-3 is removed.
Sec. 54.01-5 [Amended]
36. In Sec. 54.01-5, paragraph (d)(5) is amended by adding the word
``and'' after the semicolon, paragraph (d)(6) is removed, paragraph
(d)(7) is designated as paragraph (d)(6) and footnote 8 is removed from
table 54.01-5(b).
PART 56--PIPING SYSTEMS AND APPURTENANCES
37. The authority citation for part 56 continues to read as
follows:
Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C.
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.
38. In Sec. 56.01-2, paragraph (b) is amended by adding in
numerical order of the standards incorporated by reference from the
American Society for Testing and Materials (ASTM) the following
additional standards:
Sec. 56.01-2 Incorporation by reference.
* * * * *
(b) * * *
ASTM F 1387-93 Standard Specification for Performance of
Mechanically Attached Fittings, including supplementary requirements
and annex--56.30-25
ASTM F 1476-93 Standard Specification for Performance of Gasketed
Mechanical Couplings for Use in Piping Applications, including
annex--56-30-35
ASTM F 1548-94 Standard specification for Performance of Fittings
for Use with Gasketed Mechanical Couplings for Use in Piping
Applications--56.30-35
* * * * *
39. Section 56.30-25 is revised to read as follows:
Sec. 56.30-25 Flared, flareless, and compression fittings.
(a) This section applies to pipe fittings that are mechanically
connected to pipe by such means as ferrules, flared ends, swaging,
elastic strain preload, crimping, bite-type devices, and shape memory
alloys. Fittings to which this section applies must be designed,
constructed, tested, and marked in accordance with ASTM F 1387-93.
Previously approved fittings may be retained as long as they are
maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection.
(b) Flared, flareless and compression fittings may be used within
the service limitations of size, pressure, temperature, and vibration
recommended by the manufacturer and as specified in this section.
(c) Flared, flareless, and compression type tubing fittings may be
used for tube sizes not exceeding 50 millimeters (2 inches) outside
diameter within the limitations of applicable standards and
specifications listed in this section and Sec. 56.60-1 of this part.
(d) Flareless fittings must be of a design in which the gripping
member or sleeve must grip or bite into the outer surface of the tube
with sufficient strength to hold the tube against pressure, but without
appreciably distorting the inside tube diameter or reducing the wall
thickness. The gripping member must also form a pressure seal against
the fitting body.
(e) For fluid services, other than hydraulic systems, using a
combustible fluid as defined in Sec. 30.10-15 of this chapter and for
fluid services using a flammable fluid as defined in Sec. 30.10-22 of
this chapter, flared fittings must be used; except that flareless
fittings of the nonbite type may be used when the tubing system is of
steel, nickel cooper, or copper zinc alloy. When using copper or
copper-zinc alloy, flared fittings are required. (See also Sec. 56.50-
70 for gasoline fuel systems, Sec. 56.60-75 for
[[Page 26001]]
diesel fuel systems, and Sec. 58.25-20 for hydraulic systems for
steering gear.)
40. Section 56.30-35 is revised to read as follows:
Sec. 56.30-35 Gasketed mechanical couplings.
(a) This section applied to pipe fittings that form a seal by
compressing a resilient gasket onto the pipe joint primarily by
threaded fasteners and where joint creep is only restricted by such
means as machined grooves, centering pins, or welded clips. Fittings to
which this section applies must be designed, constructed, tested, and
marked in accordance with ASTM F 1476-93 and ASTM F 1548-94. Previously
approved fittings may be retained as long as they are maintained in
good condition to the satisfaction of the Officer in Charge, Marine
Inspection.
(b) Gasketed mechanical couplings may be used within the service
limitations of pressure, temperature and vibration recommended by the
manufacturer, except that gasketed mechanical couplings must not be
used in--
(1) Any location where leakage, undetected flooding or impingement
of liquid on vital equipment may disable the vessel; or
(2) In tanks where the liquid conveyed in the piping system is not
chemically compatible with the liquid in the tank.
(c) Gasketed mechanical couplings must not be used as expansion
joints. Positive restraints must be included, where necessary, to
prevent the coupling from creeping on the pipe and uncovering the
joint. Bite-type devices do not provide positive protection against
creep and are generally not accepted for this purpose. Machined
grooves, centering pins, and welded clips are considered positive means
of protection against creep.
Sec. 56.50-100 [Removed]
41. Section 56.50-100 is removed.
Sec. 56.60-1 [Amended]
42. In Sec. 56.60-1, table 56.60-(a), the table's heading is
revised and an entry for ASTM A 536-83 ductile iron and footnote \20\
are added to ``Castings \13\ iron:'' to read as follows:
Table 56.60-1(a)--ADOPTED SPECIFICATIONS AND STANDARDS (REPLACES TABLE
126.1)
* * * * *
A 536 Ductile iron--See footnote 20--(\20\).
* * * * *
\20\ Limited to pipe fittings and valves. See Sec. 56.60-15(d) for
additional information.
Sec. 56.60-2 [Amended]
43. In Sec. 56.60-2, table 56.60-2(a), footnote 16 and the
references to footnote 16 for B26 and B85 castings are removed.
Sec. 56.60-10 [Amended]
44. In Sec. 56.60-10, paragraph (d) is removed.
45. In Sec. 56.60-15, paragraph (b) introductory text, is revised
and a new paragraph (d) is added to read as follows:
Sec. 56.60-15 Ductile iron.
* * * * *
(b) Ductile iron castings conforming to ASTM A 395 may be used in
hydraulic systems at pressures in excess of 7500 kilopascals (1000
pounds per square inch) gage, provided the following:
* * * * *
(d) Ductile iron castings exhibiting less than 12 percent
elongation in 50 millimeters (2 inches) when subjected to a tensile
test must meet the requirements for cast iron in this part.
Sec. 56.60-20 [Amended]
46. In Sec. 56.60-20, paragraph (b) is removed, the designation
``(a)'' is removed from paragraph (a), and paragraphs (a)(1) through
(a)(4) are redesignated as paragraphs (a) through (d).
PART 58--MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS
47. The authority citation for part 58 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
48. In Sec. 58.30-5, paragraph (a) is revised to read as follows:
Sec. 58.30-5 Design requirements.
(a) The requirements of part 56 are also applicable to piping and
fittings in fluid power and control systems listed in Sec. 58.30-1 of
this part, except as modified herein. The designer should consider the
additional pressure due to hydraulic shock and should also consider the
rate of pressure rise caused by hydraulic shock.
* * * * *
Sec. 58.30-15 [Amended]
49. In Sec. 58.30-15, paragraph (f) is removed and paragraph (g) is
redesignated as paragraph (f).
Sec. 58.30-17 [Removed]
50. Section 58.30-17 is removed.
PART 61--PERIODIC TESTS AND INSPECTIONS
51. The authority citation for part 61 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46
52. Subpart 61.03, consisting of Sec. 61.03-1, is added to read as
follows:
Subpart 61.03--Incorporation of Standards
Sec. 61.03-1 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in paragraph (b) of this section, the Coast Guard must
publish a notice of change in the Federal Register and the material
must be available to the public. All approved material available for
inspection at the Office of the Federal Register, 800 North Capital
Street NW., suite 700, Washington, DC and at the U.S. Coast Guard,
Design and Engineering Standards Division (G-MMS), 2100 Second Street
SW., Washington, DC and is available from the sources indicated in
paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are as follows:
American Society for Testing and Materials (ASTM) 1916 Race Street,
Philadelphia, PA 19103
ASTM D 665-92, Standard Test Method for Rust-Preventing
Characteristics of Inhibited Mineral Oil in the Presence of Water,
1992--61.20-17
Sec. 61.05-5 [Amended]
53. In Sec. 61.05-5, paragraph (a) is removed and paragraphs (b)
and (c) are redesignated as paragraphs (a) and (b), respectively.
54. Section 61.20-17 is revised to read as follows:
Sec. 61.20-17 Examination intervals.
(a) A lubricant that demonstrates the corrosion inhibiting
properties of oil when tested in accordance with ASTM D 665-92 is
considered to be equivalent to oil for the purposes of the tailshaft
examination interval.
(b) Except as provided in paragraphs (c) through (f) of this
section, each tailshaft on a vessel must be examined twice within any 5
year period. No more than 3 years may elapse between any 2 tailshaft
examinations.
(c) Tailshafts on vessels fitted with multiple shafts must be
examined once every 5 years.
[[Page 26002]]
(d) Tailshafts with inaccessible portions fabricated of materials
resistant to corrosion by sea water, or fitted with a continuous liner
or a sealing gland which prevents sea water from contacting the shaft,
must be examined once every 5 years if they are constructed or fitted
with a taper, keyway, and propeller designed in accordance with the
American Bureau of Shipping standards to reduce stress concentrations
or are fitted with a flanged propeller. Accessible portions of
tailshafts must be examined visually during each drydock examination.
(e) Tailshafts with oil lubricated bearings, including bearings
lubricated with a substance considered to be equivalent to oil under
the provisions of paragraph (a) of this section need not be drawn for
examination--
(1) If tailshaft bearing clearance readings are taken whenever the
vessel undergoes a drydock examination or underwater survey;
(2) If the inboard seal assemblies are examined whenever the vessel
undergoes a drydock examination or underwater survey;
(3) If an analysis of the tailshaft bearing lubricant is performed
semiannually in accordance with the lubrication system manufacturer's
recommendations to determine bearing material content or the presence
of other contaminants; and
(4) If--
(i) For tailshafts with a taper, the propeller is removed and the
taper and the keyway (if fitted) are nondestructively tested at
intervals not to exceed 5 years; or
(ii) For tailshafts with a propeller fitted to the shaft by means
of a coupling flange, the propeller coupling bolts and flange radius
are nondestructively tested whenever they are removed or made
accessible in connection with overhaul or repairs.
(f) Tailshafts on mobile offshore drilling units are not subject to
examination intervals under paragraphs (b) through (d) of this section
if they are--
(1) Examined during each regularly scheduled drydocking; or
(2) Regularly examined in a manner acceptable to the Commandant (G-
MCO).
Sec. 61.30-5 [Amended]
55. In Sec. 61.30-5, paragraph (a) is removed and the paragraph
designation ``(b)'' is removed from paragraph (b).
PART 72--CONSTRUCTION AND ARRANGEMENT
56. The authority citation for part 72 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 72.05-60 [Removed]
57. Section 72.05-60 is removed.
58. Subpart 72.20 is revised to read as follows:
Subpart 72.20--Accomodations for Officers and Crew
Sec.
72.20-1 Application.
72.20-5 Intent.
72.20-10 Location of crew spaces.
72.20-15 Construction.
72.20-20 Sleeping accommodations.
72.20-25 Washrooms and toilet rooms.
72.20-30 Messrooms.
72.20-35 Hospital space.
72.20-40 Other spaces.
72.20-45 Lighting.
72.20-50 Heating and cooling.
72.20-55 Insect screens.
72.20-90 Vessels contracted for prior to November 19, 1952.
Subpart 72.20--Accommodations for Officers and Crew
Sec. 72.20-1 Application.
The provisions of this part, except Sec. 72.20-90, apply to all
vessels contracted for after November 18, 1952. Vessels contracted for
before November 19, 1952, must meet the requirements of Sec. 72.20-90.
Sec. 72.20-5 Intent.
Accomodations provided for officers and crew on all vessels shall
be securely constructed, properly lighted, heated, drained, ventilated,
equipped, located, arranged, and insulated from undue noise, heat, and
odors.
Sec. 72.20-10 Location of crew spaces.
(a) Crew quarters must not be located farther forward in the vessel
than a vertical plane located at 5 percent of the vessel's length abaft
the forward side of the stem at the designed summer load water line.
However, for vessels in other than ocean or coastwise service, this
distance need not exceed 8.5 meters (28 feet). For the purpose of this
paragraph, the vessel's length must be as defined in Sec. 43.15-1 of
subchapter E (Load Lines) of this chapter. Unless approved by the
Commandant, no section of the deck head of the crew spaces may be below
the deepest load line.
(b) There must be no direct communication, except through solid,
close fitted doors or hatches between crew spaces and chain lockers, or
machinery spaces.
Sec. 72.20-15 Construction.
All crew spaces are to be constructed and arranged in a manner
suitable to the purpose for which they are intended and so that they
can be kept in a clean, workable, and sanitary condition.
Sec. 72.20-20 Sleeping accommodations.
(a) Where practicable, each licensed officer shall be provided with
a separate stateroom.
(b) Sleeping accommodations for the crew must be divided into
rooms, no one of which shall berth more than 4 persons.
(c) Each room shall be of such size that there is at least 2.78
square meters (30 square feet) of deck area and a volume of at least
5.8 cubic meters (210 cubic feet) for each person accommodated. The
clear head room shall be not less than 190 centimeters (75 inches). In
measuring sleeping accommodations any furnishings contained therein for
the use of the occupants are not to be deducted from the total volume
or from the deck area.
(d) Each persons shall have a separate berth and not more than one
berth may be placed above another. The berth must be composed of
materials not likely to corrode. The overall size of a berth must not
be less than 68 centimeters (27 inches) wide by 190 centimeters (75
inches) long, except by special permission of the Commandant. Where two
tiers of berths are fitted, the bottom of the lower berth must not be
less than 30 centimeters (12 inches) above the deck. The berths must
not be obstructed by pipes, ventilating ducts, or other installations.
(e) A locker must be provided for each person accommodated in a
room.
Sec. 72.20-25 Washrooms and toilet rooms.
(a) There must be at least 1 toilet, 1 washbasin, and 1 shower or
bathtub for each 8 members or portion thereof in the crew who do not
occupy sleeping accommodations to which private or semi-private
facilities are attached.
(b) The toilet rooms and washrooms shall be located convenient to
the sleeping quarters of the crew to which they are allotted but must
not open directly into such quarters except when they are provided as
private or semi-private facilities.
(c) All washbasins, showers, and bathtubs must be equipped with
adequate plumbing, including hot and cold running water. All toilets
must be installed with adequate plumbing for flushing.
(d) At least 1 washbasin must be fitted in each toilet room, except
where private or semi-private facilities are provided and washbasins
are installed in the sleeping rooms.
(e) Where more than 1 toilet is located in a space or compartment,
each toilet must be separate by partitions.
[[Page 26003]]
Sec. 72.20-30 Messrooms.
(a) Messrooms must be located as near to the galley as practicable
except where the messroom is equipped with a steam table.
(b) Each messroom must seat the number of persons expected to eat
in the messroom at one time.
Sec. 72.20-35 Hospital space.
(a) Each vessel which in the ordinary course of its trade makes
voyages of more than 3 days duration between ports and which carries a
crew of 12 or more, must be provided with a hospital space. This space
must be situated with due regard to the comfort of the sick so that
they may receive proper attention in all weathers.
(b) The hospital must be suitably separated from other spaces and
must be used for the care of the sick and for no other purpose.
(c) The hospital must be fitted with berths in the ratio of 1 berth
to every 12 members of the crew, or portion thereof, who are not
berthed in single occupancy rooms, but the number of berths need not
exceed 6.
(d) The hospital must have a toilet, washbasin, and bathtub or
shower conveniently situated. Other necessary suitable equipment such
as a clothes locker, a table, and a seat must be provided.
Sec. 72.20-40 Other spaces.
Each vessel must have--
(a) Sufficient facilities where the crew may wash and dry their own
clothes, including at least 1 sink supplied with hot and cold fresh
water;
(b) Recreation spaces; and
(c) A space or spaces of adequate size on an open deck to which the
crew has access when off duty.
Sec. 72.20-45 Lighting.
Each berth must have a light.
Sec. 72.20-50 Heating and cooling.
(a) All manned spaces must be adequately heated and cooled in a
manner suitable to the purpose of the space.
(b) The heating and cooling system for accommodations must be
capable of maintaining a temperature of 21 deg.C (70 deg.F) under
normal operating conditions without curtailing ventilation.
(c) Radiators and other heating apparatus must be so placed and
shielded, where necessary, to avoid risk of fire, danger or discomfort
to the occupants. Pipes leading to radiators or heating apparatus must
be insulated where those pipes create a hazard to persons occupying the
space.
Sec. 72.20-55 Insect screens.
Provisions must be made to protect the crew quarters against the
admission of insects.
Sec. 72.20-90 Vessels contracted for prior to November 19, 1952.
(a) Vessels of 100 gross tons and over, contracted for prior to
March 4, 1915, must meet the requirements of this paragraph.
(1) Existing structure, arrangements, materials, and facilities,
previously approved will be considered satisfactory so long as they are
maintained in a suitable condition to the satisfaction of the Officer
in Charge, Marine Inspection.
(2) Minor repairs and alterations may be made to the same standard
as the original construction provided that in no case will a greater
departure from the standards of Secs. 72.20-5 through 72.20-55 be
permitted than presently exists.
(b) Vessels of 100 gross tons and over, contracted for on or after
March 4, 1915, but prior to January 1, 1941, must meet the following
requirements:
(1) Existing structure, arrangements, materials, and facilities,
previously accepted or approved will be considered satisfactory so long
as they are maintained in good condition to the satisfaction of the
Officer in Charge, Marine Inspection. Minor repairs and alterations may
be made to the same standard as the original construction.
(2) Where reasonable and practicable, a minimum of 1 toilet,
shower, and washbasin must be provided for each 10 members of the crew
or fraction thereof.
(3) Crew spaces must have a volume of at least 3.4 cubic meters
(120 cubic feet) and a deck area of at least 1.5 square meters (16
square feet) for each person accommodated.
(4) Each crewmember shall have a separate berth, and berths may not
be placed more than 2 high.
(5) Each vessel, which in the ordinary course of its trade makes a
voyage of more than 3 days duration between ports and which carries a
crew of 12 or more persons, must be provided with a suitable hospital
space for the exclusive use of the sick or injured. Berths must be
provided in the ratio of 1 berth for each 12 members of the crew or
fraction thereof, but the number of berths need not exceed 6.
(6) The crew spaces must be securely constructed, properly lighted,
heated, drained, ventilated, equipped, located, and arranged, and,
practicable, must be insulated from undue noise and odors.
(d) Vessels of 100 gross tons and over, contracted for on or after
January 1, 1941, but prior to November 19, 1952, must meet the
requirements of this paragraph.
(1) Existing structure, arrangements, materials, and facilities,
previously accepted or approved will be considered satisfactory so long
as they are maintained in a good condition to the satisfaction of the
Office in Charge, Marine Inspection. Minor repairs and alterations may
be made to the same standard as the original construction.
(2) There must be a minimum of 1 toilet, 1 shower, and 1 washbasin
for each 8 members of the crew or fraction thereof who are not
accommodated in rooms having attached private or semi-private
facilities. Washbasins, showers, and bathtubs, if substituted for
showers, must be equipped with adequate plumbing, including hot and
cold running water.
(3) Crew spaces must have a volume of at least 3.4 cubic meters
(120 cubic feet) and a deck of at least 1.5 square meters (16 square
feet) for each person accommodated.
(4) Each crewmember shall have a separate berth, and berths may not
be placed more than two high.
(5) Each vessel, which in the ordinary course of its trade makes a
voyage of more than 3 days duration between ports and which carries a
crew of 12 or more persons, must be provided with a suitable hospital
space for the exclusive use of the sick or injured. Berths must be
provided in the ratio of 1 berth for each 12 members of the crew or
fraction thereof, but the member of berths need not exceed 6.
(6) The crew spaces must be securely constructed, properly lighted,
heated, drained, ventilated, equipped, located, and arranged, and,
where practicable, must be insulated from undue noise heat, and odors.
PART 76--FIRE PROTECTION EQUIPMENT
59. The authority citation for part 76 continues to read as
follows:
Authority: 46 U.S.C. 3306, E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
FR Doc. 96-12428 Adoption of Industry Standards
60. Section 76.05-20 is revised to read as follows:
Sec. 76.05-20 Fixed fire extinguishing systems.
Approved fire extinguishing systems must be installed, as required
by table 76.05-1(a) on all self-propelled vessels and on all barges
with sleeping accommodations for more than subpart persons. Previously
approved installations may be retained as long as they are maintained
in good condition
[[Page 26004]]
to the satisfaction of the Officer in Charge, Marine Inspection.
Sec. 76.05-30 [Removed]
61. Section 76.05-30 is removed.
62. In Sec. 76.10-10, paragraphs (j-1), (j-2), and (l) are removed,
paragraph (k) is redesignated as paragraph (m), paragraph (j) is
revised, and new paragraphs (k), (l), and (n) are added to read as
follows:
Sec. 76.10-10 Fire hydrants and hose.
* * * * *
(j) Each firehose on each hydrant must have a combination solid
stream and water spray firehose nozzle that meets the requirements in
subpart 162.027 of this chapter. Firehose nozzles previously approved
under subpart 162.027 of this chapter may be retained so long as they
are maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection.
(k) Firehose nozzles previously approved under subpart 162.027 of
this chapter must have low-velocity water spray applicators also
previously approved under subpart 162.027 of this chapter as follows--
(1) In accommodation and service areas--two firehoses; and
(2) In each propulsion machinery space containing an oil-fired
boiler, internal combustion machinery, or oil fuel unit on a vessel on
an international voyage or of 1000 gross tons or more--each firehose.
The length of each applicator must be not more than 1.8 meters (6
feet).
(l) Fixed brackets, hooks, or other means for stowing an applicator
must be next to each fire hydrant that has an applicator under
paragraph (k) of this section.
* * * * *
(n) Firehose and couplings must be as follows:
(1) Couplings must be of brass, bronze, or other equivalent metal.
National Standard firehose coupling threads must be used for the 38
millimeters (1\1/2\ inch) and 64 millimeters (2\1/2\ inch) sizes.
(2) Each section of firehose must be lined commercial firehose that
conforms to Underwriters' Laboratories, Inc. Standard 19 or Federal
Specification ZZ-H-451E. Hose that bears the label of Underwriters'
Laboratories, Inc. as lined firehose is accepted as conforming to this
requirement.
63. In Sec. 76.10-90, paragraph (a)(7) is removed and paragraph
(a)(6) is revised to read as follows:
Sec. 76.10-90 Installations contracted for prior to May 26, 1995.
(a) * * *
(6) Firehose nozzles and low-velocity spray applicators must meet
the requirements of Secs. 76.10-10(j), 76.10-10(k), and 76.10-10(l)
64. Subpart 76.13 consisting of Sec. 76.13-1 is revised to read as
follows:
Subpart 76.13--Steam Smothering Systems
Sec. 76.13-1 Application.
Steam smothering systems are not permitted on vessels contracted
for on or after January 1, 1962. Previously approved installations may
be retained as long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
65. The authority citation for part 77 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
66. Section 77.27-1 is revised to read as follows:
Sec. 77.27-1 When required.
All mechanically propelled vessels of 500 gross tons and over to
ocean or coastwise service, and all mechanically propelled vessels of
500 gross tons and over in Great Lakes service and certificated for
service on the River St. Lawrence eastward of the lower exit of the St.
Lambert Lock at Montreal, Canada, must be fitted with an efficient
electronic deep-sea sounding apparatus.
PART 78--OPERATION
67. The authority citation for part 78 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46.
Subpart 78.03 (Sec. 78.03-1)--[Removed]
68. Subpart 78.03 consisting of Sec. 78.03-1 is removed.
Subpart 78.20 (Sec. 78.20-1)--[Removed]
69. Subpart 78.20 consisting of Sec. 78.20-1 is removed.
Subpart 78.25 (Sec. 78.25-1)--[Removed]
70. Subpart 78.25 consisting of Sec. 78.25-1 is removed.
71. Subpart 78.35 consisting of Sec. 78.35-1 is revised to read as
follows:
Subpart 78.35--Communication Between Deckhouses
Sec. 78.35-1 When required.
On all vessels navigating in other than protected waters, where the
distance between deckhouses is more than 46 meters (150 feet) a fixed
means of facilitating communication between both ends of the vessel,
such as a raised fore and aft bridge or side tunnels, must be provided.
Previously approved arrangements may be retained so long as they are
maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection.
72. Section 78.37-3 is revised to read as follows:
Sec. 78.37-3 Logbooks and records.
(a) The master or person in charge of a vessel that is required by
46 U.S.C. 11301 to have an official logbook shall maintain the logbook
on form CG-706. When the voyage is completed, the master or person in
charge shall file the logbook with the Officer in Charge, Marine
Inspection.
(b) The master or person in charge of a vessel that is not required
by 46 U.S.C. 11301 to have an official logbook, shall maintain, on
board, an unofficial logbook or record in any form desired for the
purposes of making entries therein as required by law or regulations in
this subchapter. Such logs or records are not filed with the Officer in
Charge, Marine Inspection, but must be kept available for review by a
marine inspector for a period of 1 year after the date to which the
records refer. Separate records of tests and inspections of fire
fighting equipment must be maintained with the vessel's logs for the
period of validity of the vessel's certificate of inspection.
Sec. 78.47-67 [Removed]
73. Section 78.47-67 is removed.
74. Subpart 78.53 consisting of 78.53-1 and 78.53-5 is revised to
read as follows:
Subpart 78.53--Placard of Lifesaving Signals
Subpart 78.53--Placard of Lifesaving Signals
Sec.
78.53-1 Application.
78.53-5 Availability.
Sec. 78.53-1 Application.
The provisions of this subpart apply to all vessels on an
international voyage, and all other vessels of 150 gross tons or over
in ocean, coastwise or Great Lakes service.
[[Page 26005]]
Sec. 78.53-5 Availability.
On all vessels to which this subpart applies there must be readily
available to the deck officer of the watch a placard containing
instructions for the use of the lifesaving signals set forth in
regulation 16, chapter V, of the International Convention for Safety of
Life at Sea, 1974. These signals must be used by vessels or persons in
distress when communicating with lifesaving stations and maritime
rescue units.
75. Section 78.57-1 is revised to read as follows:
Sec. 78.57-1 All personnel must comply.
All licensed masters, officers, and certificated seamen on United
States vessels shall strictly comply with routing instructions issued
by competent naval authority.
Subpart 78.5 (Sec. 78.75-1)--[Removed]
76. Subpart 78.75 consisting of Sec. 78.75-1 is removed.
Subpart 78.80 (Sec. 78.80-1--78.80-35)--[Removed]
77. Subpart 78.80 consisting of Sec. 78.80-1 through78.80-35 is
removed.
Sec. 78.83-1 [Amended]
78. In Sec. 78.83-1, paragraph (a) is amended by removing the
phrase, ``(other than power-operated industrial trucks when subject to
subpart 78.80 of this part)''.
Subpart 78.85 (Sec. 78.85-1)--[Removed]
79. Subpart 78.85 consisting of Sec. 78.85-1 is removed.
PART 92--CONSTRUCTION AND ARRANGEMENT
80. The authority citation for part 92 continues to read as
follows:
Authority: 46 U.S.C. 3306; 5115; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277: 49 CFR 1.46.
Sec. 92.01-13 [Removed]
81. Section 92.01-13 is removed.
82. Subpart 92.20 is revised to read as follows:
Subpart 92.20--Accommodations for Officers and Crew
Sec.
92.20-1 Application.
92.20-5 Intent.
92.20-10 Location of crew spaces.
92.20-15 Construction.
92.20-20 Sleeping accommodations.
92.20-25 Washrooms and toilet rooms.
92.20-30 Messrooms.
92.20-35 Hospital space.
92.20-40 Other spaces.
92.20-45 Lighting.
92.20-50 Heating and cooling.
92.20-55 Insect screens.
92.20-90 Vessels contracted for prior to November 19, 1952.
Subpart 92.20--Accommodations for Officers and Crew
Sec. 92.20-1 Application.
(a) The provisions of this subpart apply to all vessels of 100
gross tons and over contracted for on or after November 19, 1952.
Vessels of 100 gross tons and over contracted for prior to November 19,
1952 must meet the requirements of Sec. 92.20-90.
(b) Vessels of less than 100 gross tons must meet the applicable
requirements of this subpart insofar as is reasonable and practicable.
Sec. 92.20-5 Intent.
It is the intent of this subpart that the accommodations provided
for officers and crew on all vessels must be securely constructed,
properly lighted, heated, drained, ventilated, equipped, located,
arranged, and insulated from undue noise, heat, and odors.
Sec. 92.20-10 Location of crew spaces.
(a) Crew quarters must not be located farther forward in the vessel
than a vertical plane located at 5 percent of the vessel's length abaft
the forward side of the stem at the designed summer load water line.
However, for vessels in other than ocean or coastwise service, this
distance need not exceed 8.5 meters (28 feet). For the purposes of this
paragraph, the vessel's length must be as defined in Sec. 43.15-1 of
subchapter E (Load Lines) of this chapter. Unless approved by the
Commandant, no section of the deck head of the crew spaces may be below
the deepest load line.
(b) There must be no direct communication, except through solid,
close fitted doors, or hatches between crew spaces and chain lockers,
or machinery spaces.
Sec. 92.20-15 Construction.
All crew spaces are to be constructed and arranged in a manner
suitable to the purpose for which they are intended and so that they
can be kept in a clean, workable, and sanitary condition.
Sec. 92.20-20 Sleeping accommodations.
(a) Where practicable, each licensed officer must be provided with
a separate stateroom.
(b) Sleeping accommodations for the crew must be divided into
rooms, no one of which shall berth more than 4 persons.
(c) Each room must be of such size that there is at least 2.78
square meters (30 square feet) of deck area and a volume of at least
5.8 cubic meters (210 cubic feet) for each person accommodated. The
clear head room must be not less than 190 centimeters (75 inches). In
measuring sleeping accommodations, any furnishings contained therein
for the use of the occupants are not to be deducted from the total
volume or from the deck area.
(d) Each person shall have a separate berth and not more than one
berth may be placed above another. The berth must be composed of
materials not likely to corrode. The overall size of a berth must not
be less than 68 centimeters (27 inches) wide by 190 centimeters (75
inches) long, except by special permission of the Commandant. Where 2
tiers of berths are fitted, the bottom of the lower berth must not be
less than 30 centimeters (12 inches) above the deck. The berths must
not be obstructed by pipes, ventilating ducts, or other installations.
(e) A locker must be provided for each person accommodated in a
room.
Sec. 92.20-25 Washrooms and toilet rooms.
(a) There must be provided at least 1 toilet, 1 washbasin, and 1
shower or bathtub for each 8 members or portion thereof in the crew who
do not occupy rooms to which private or semi-private facilities are
attached.
(b) The toilet rooms and washrooms must be located convenient to
the sleeping quarters of the crew to which they are allotted but must
not open directly into such quarters except when they are provided as
private or semi-private facilities.
(c) All washbasins, showers, and bathtubs shall be equipped with
adequate plumbing, including hot and cold running water. All toilets
must be installed with adequate plumbing for flushing.
(d) At least 1 washbasin must be fitted in each toilet room, except
where private or semi-private facilities are provided and washbasins
are installed in the sleeping rooms.
(e) Where more than 1 toilet is located in a space or compartment,
each toilet must be separated by partitions.
Sec. 92.20-30 Messrooms.
(a) Messrooms must be located as near to the galley as is
practicable except where the messroom is equipped with a steam table.
(b) Each messroom must seat the number of persons expected to eat
in the messroom at one time.
Sec. 92.20-35 Hospital space.
(a) Each vessel which in the ordinary course of its trade makes
voyages of more than 3 days duration between ports and which carries a
crew of 12 or
[[Page 26006]]
more, must be provided with a hospital space. This space must be
situated with due regard to the comfort of the sick so that they may
receive proper attention in all weathers.
(b) The hospital must be suitably separated from other spaces and
must be used for the care of the sick and for no other purpose.
(c) The hospital must be fitted with berths in the ratio of 1 berth
to every 12 members of the crew or portion thereof who are not berthed
in single occupancy rooms, but the number of berths need not exceed 6.
(d) The hospital must have a toilet, washbasin, and bathtub or
shower conveniently situated. Other necessary suitable equipment such
as a clothes locker, a table, and a seat shall be provided.
(e) On vessels in which the crew is berthed in single occupancy
rooms, a hospital space will not be required, provided that one room is
designated and fitted for use as a treatment or isolation room. This
room must meet the following standards:
(1) The room must be available for immediate medical use; and
(2) A washbasin with hot and cold running water must be installed
either in or immediately adjacent to the space and other required
sanitary facilities must be conveniently located.
Sec. 92.20-40 Other spaces.
Each vessel must have--
(a) Sufficient facilities where the crew may wash and dry their own
clothes, inducing at least 1 sink supplied with hot and cold fresh
water;
(b) Recreation spaces; and
(c) A space or spaces of adequate size on an open deck to which the
crew has access when off duty.
Sec. 92.20-45 Lighting.
Each berth must have a light.
Sec. 92.20-50 Heating and cooling.
(a) All manned spaces must be adequately heated and cooled in a
manner suitable to the purpose of the space.
(b) The heating and cooling system for accommodations must be
capable of maintaining a temperature of 21 deg. C (70 deg. F) under
normal operating conditions without curtailing ventilation.
(c) Radiators and other heating apparatus must be so placed and
shielded, where necessary, to avoid risk of fire, danger, or discomfort
to the occupants. Pipes leading to radiators or heating apparatus must
be insulated where those pipes create a hazard to persons occupying the
space.
Sec. 92.20-55 Insect screens.
Provisions must be made to protect the crew quarters against the
admission of insects.
Sec. 92.20-90 Vessels contracted for prior to November 19, 1952.
(a) Vessels of less than 100 gross tons, contracted for prior to
November 19, 1952, must meet the general intent of Sec. 92.20-5 and in
addition must meet the following requirements:
(1) Existing structure, arrangements, materials, and facilities,
previously accepted or approved will be considered satisfactory so long
as they are maintained in a suitable condition to the satisfaction of
the Officer in Charge, Marine Inspection.
(2) Minor repairs and alterations may be made to the same standard
as the original construction.
(b) Vessels of 100 gross tons and over, contracted for prior to
March 4, 1915, must meet the following requirements:
(1) Existing structure, arrangements, materials, and facilities,
previously approved will be considered satisfactory so long as they are
maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection.
(2) Minor repairs and alterations may be made to the same standard
as the original construction, provided that in no case will a greater
departure from the standards of Secs. 92.20-5 through 92.20-55 be
permitted than presently exists.
(c) Vessels of 100 gross tons and over, contracted for on or after
March 4, 1915, but prior to January 1, 1941, must meet the following
requirements:
(1) Existing structure, arrangements, materials, and facilities,
previously approved will be considered satisfactory so long as they are
maintained in a suitable condition to the satisfaction of the Officer
in Charge, Marine Inspection. Minor repairs and alterations may be made
to the same standard as the original construction.
(2) Each vessel, which in the ordinary course of its trade makes a
voyage of more than 3 days duration between ports and which carries a
crew of 12 or more persons, must be provided with a suitable hospital
space for the exclusive use of the sick or injured.
(3) The crew spaces must be securely constructed, properly lighted,
heated, drained, ventilated, equipped, located, arranged, and insulated
from undue noise, heat, and odors.
(d) Vessels of 100 gross tons and over, contracted for on or after
January 1, 1941, but prior to November 19, 1952, must meet the
following requirements:
(1) Existing structure, arrangements, materials, and facilities,
previously approved will be considered satisfactory so long as they are
maintained in a suitable condition to the satisfaction of the Officer
in Charge, Marine Inspection. Minor repairs and alterations may be made
to the same standard as the original construction.
(2) Washbasins, showers, and bathtubs if substituted for showers,
must be equipped with adequate plumbing including hot and cold running
water.
(3) Each crewmember must have a separate berth, and berths may not
be placed more than 2 high.
(4) Each vessel, which in the ordinary course of its trade makes a
voyage of more than 3 days duration between ports and which carries a
crew of 12 or more persons, must be provided with a suitable hospital
space for the exclusive use of the sick or injured. Berths shall be
provided in the ratio of 1 berth for each 12 members of the crew or
fraction thereof, but the number of berths need not exceed 6.
(5) The crew spaces must be securely constructed, properly lighted,
heated, drained, ventilated, equipped, located, arranged, and insulated
from undue noise, heat, and odors.
PART 95--FIRE PROTECTION EQUIPMENT
83. The authority citation for part 95 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
84. In Sec. 95.05-10, paragraph (g) is removed and paragraphs (a),
introductory text, (b) and (c) are revised to read as follows:
Sec. 95.05-10 Fixed fire extinguishing systems.
(a) Approved fire extinguishing systems may be used or required in
locations delineated in this section on the following vessels.
Previously approved installations may be retained as long as they are
maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection.
* * * * *
(b) A fixed carbon dioxide or other approved system must be
installed in all cargo compartments and tanks for combustible cargo,
except for vessels engaged exclusively in the carriage of coal or grain
in bulk. For cargo compartments and tanks fitted with a fixed carbon
dioxide or other approved system a deck foam system is not required,
instead of the carbon dioxide system or other approved system, the
following systems may be used or required in special cases:
[[Page 26007]]
(1) A fixed foam system may be used in cargo tanks.
(2) A water sprinkling system may be required, and the details of
such system will be subject to special approval, in cases where a cargo
is normally accessible and is considered to be a part of the working or
living quarters.
(3) Spaces ``specially suitable for vehicles'' must be fitted with
an approved carbon dioxide system. Alternately, the Commandant may
permit the installation of an approved water sprinkler system or other
suitable system.
(c) On vessels other than motorboats, a fixed carbon dioxide or
other approved system must be installed in all lamp and paint lockers,
oil rooms, and similar spaces.
* * * * *
Sec. 95.05-20 [Removed]
85. Section 95.05-20 is removed.
86. In Sec. 95.10-10, paragraphs (i-1), (i-2), and (l) are removed,
paragraphs (j) and (k) are redesignated as paragraphs (l) and (m),
respectively, paragraph (i) is revised and new paragraphs (j), (k), and
(n) are added to read as follows:
Sec. 95.10-10 Fire hydrants and hose.
* * * * *
(i) Each firehose on each hydrant must have a combination solid
stream and water spray firehose nozzle approved under subpart 162.027
of this chapter. Firehose nozzles previously approved under subpart
162.027 of this chapter may be retained so long as they are maintained
in good condition to the satisfaction of the Officer in Charge, Marine
Inspection.
(j) In each propulsion machinery space containing an oil fired
boiler, internal combustion machinery, or oil fuel unit on a vessel on
an international voyage or of 1000 gross tons or more, each firehose
having a combination nozzle previously approved under subpart 162.027
of this chapter must have a low-velocity water spray applicator that is
also previously approved under subpart 162.027 of this chapter. The
length of the applicator must be less than 1.8 meters (6 feet).
(k) Fixed brackets, hooks, or other means for stowing an applicator
must be next to each fire hydrant that has an applicator under
paragraph (j) of this section.
* * * * *
(n) Firehose and couplings must be as follows:
(1) Couplings shall be of brass, bronze, or other equivalent metal.
National Standard firehose coupling threads must be used for the 38
millimeters (1 \1/2\ inch) and 64 millimeters (2 \1/2\ inch) sizes.
(2) Where 19 millimeters (\3/4\ inch) hose is permitted by table
95.10-5(a), the hose and couplings shall be of good commercial grade.
(3) Each section of firehose must be lined commercial firehose that
conforms to Underwriters' Laboratories, Inc. Standard 19 or Federal
Specification ZZ-H-451E. Hose that bears the label of Underwriters'
Laboratories, Inc. as lined firehose is accepted as conforming to this
requirement.
87. In Sec. 95.10-90, the designation ``(a)'' is removed from
paragraph (a), paragraphs (a)(5) and (a)(6) are removed, paragraphs
(a)(1) through (a)(4) are redesignated as paragraphs (a) through (d),
respectively, and new paragraph (e) is added to read as follows:
Sec. 95.10-90 Installations contracted for prior to May 26, 1965.
* * * * *
(e) Firehose nozzles and low-velocity spray applicators must meet
the requirements of 95.10-10(i), 95.10-10(j), and 95.10-10(k).
88. Subpart 95.13 consisting of Sec. 95.13-1 is revised to read as
follows:
Subpart 95.13--Steam Smothering Systems
Sec. 95.13-1 Application.
Steam smothering systems are not permitted on vessels contracted
for on or after January 1, 1962. Previously approved installations may
be retained as long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
89. The authority citation for part 96 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
90. Section 96.27-1 is revised to read as follows:
Sec. 96.27-1 When required.
All mechanically propelled vessels of 500 gross tons and over in
ocean or coastwise service and all mechanically propelled vessels of
500 gross tons and over in Great Lakes service and certificated for
service on the River St. Lawrence eastward of the lower exit of the St.
Lambert Lock at Montreal, Canada, must be fitted with an efficient
electronic sounding apparatus.
PART 97--OPERATIONS
91. The authority citation for part 97 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46.
Subpart 97.03 (Sec. 97.03-1)--[Removed]
92. Subpart 97.03 consisting of Sec. 97.03-1 is removed.
Subpart 97.17 (Sec. 97.17-1)--[Removed]
93. Subpart 97.17 consisting of Sec. 97.17-1 is removed.
Subpart 97.23 (Sec. 97.23-1)--[Removed]
94. Subpart 97.23 consisting of Sec. 97.23-1 is removed.
95. Subpart 97.33 consisting of Sec. 97.33-1 is revised to read as
follows:
Subpart 97.33--Communication Between Deckhouses
Sec. 97.33-1 When required.
On all vessels navigating in other than protected waters, where the
distance between deckhouses is more than 46 meters (150 feet) a fixed
means facilitating communication between both ends of the vessel, such
as a raised fore and aft bridge or side tunnels, must be provided.
Previously approved arrangements may be retained so long as they are
maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection.
96. Section 97.35-3 is revised to read as follows:
Sec. 97.35-3 Logbooks and records.
(a) The master or person in charge of a vessel that is required by
46 U.S.C. 11301 to have an official logbook shall maintain the logbook
on form CG-706. When the voyage is completed, the master or person in
charge shall file the logbook with the Officer in Charge, Marine
Inspection.
(b) The master or person in charge of a vessel that is not required
by 46 U.S.C. 11301 to have an official logbook, shall maintain, on
board, an unofficial logbook or record in any form desired for the
purposes of making entries therein as required by law or regulations in
this subchapter. Such logs or records are not filed with the Officer in
Charge, Marine Inspection, but must be kept available for review by a
marine inspector for a period of 1 year after the date to which the
records refer. Separate records of tests and inspections of fire
fighting equipment must be maintained with the vessel's logs for the
period of
[[Page 26008]]
validity of the vessel's certificate of inspection.
Sec. 97.35-10 [Removed]
97. Section 97.35-10 is removed.
Sec. 97.37-45 [Removed]
98. Section 97.37-45 is removed.
99. Subpart 97.43 consisting of Secs. 97.43-1 and 97.43-5 is
revised to read as follows:
Subpart 97.43--Placard of Lifesaving Signals
Sec.
97.43-1 Application.
97.43-5 Availability.
Subpart 97.43--Placard of Lifesaving Signals
Sec. 97.43-1 Application.
The provisions of this subpart apply to all vessels on an
international voyage, and all other vessels of 150 gross tons or over
in ocean, coastwise or Great Lakes service.
Sec. 97.43-5 Availability.
On all vessels to which the subpart applies there must be readily
available to the deck officer of the watch a placard containing
instructions for the use of the lifesaving signals set forth in
regulation 16, chapter V, of the International Convention for Safety of
Life at Sea, 1974. These signals must be used by vessels or persons in
distress when communicating with lifesaving stations and maritime
rescue units.
100. Section 97.47-1 is revised to read as follows:
Sec. 97.47-1 All persons must comply.
All licensed masters, officers, and certificated seamen on U.S.
vessels must strictly comply with routing instructions issued by
competent naval authority.
Subpart 97.60 (Sec. 97.60-1)--[Removed]
101. Subpart 97.60 consisting of Sec. 97.60-1 is removed.
Subpart 97.70 (Sec. 97.70-1--97.70-35)--[Removed]
102. Subpart 97.70 consisting of Secs. 97.70-1 through 97.70-35 is
removed.
Subpart 97.75 (Sec. 97.75-1)--[Removed]
103. Subpart 97.75 consisting of Sec. 97.75-1 is removed.
Sec. 97.80-1 [Amended]
104. In Sec. 97.80-1, paragraph (a) is amended by removing the
phrase, ``(other than power-operated industrial trucks when subject to
subpart 97.70 of this part)''.
PART 108--DESIGN AND EQUIPMENT
105. The authority citation for part 108 is revised to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306, 5115; 49 CFR
1.46.
Sec. 108.403 [Amended]
106. In Sec. 108.403, paragraph (b) is amended by removing the
words ``water spray,''.
107. In Sec. 108.425, paragraph (c) and the introductory text of
paragraph (d) are revised as follows:
Sec. 108.425 Firehoses and associated equipment.
* * * * *
(c) Each nozzle for a firehose in a fire main system must be a
combination solid stream and water spray firehose nozzle that is
approve under subpart 162.027. Combination solid stream and water spray
nozzles previously approved under subpart 162.027 of this chapter may
be retained so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
(d) A combination solid stream and water spray firehose nozzle
previously approved under subpart 162.027 of this chapter, must have a
low-velocity water spray applicator also previously approved under
subpart 162.027 of this chapter when installed in--
* * * * *
108. The heading of subpart F is revised to read as follows:
Subpart F--Cranes
Sec. 108.611 [Removed]
109. Section 108.611 is removed.
Sec. 108.613 [Removed]
110. Section 108.613 is removed.
0108.615 [Removed]
111. Section 108.615 is removed.
112. Section 108.659 is revised to read as follows:
Sec. 108.659 Lifesaving signal instructions.
On all vessels to which this subpart applies, there must be readily
available to the offshore installation manager, master, or person in
charge a placard containing instructions for the use of the lifesaving
signals set forth in regulation 16, chapter V, of the International
Convention for Safety of Life at Sea, 1974. These signals must be used
by vessels or persons in distress when communicating with lifesaving
stations and maritime rescue units.
PART 109--OPERATIONS
113. The authority citation for part 109 is revised to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 5115, 6101, 10104; 49
CFR 1.46.
114. The heading of Subpart F is revised to read as follows:
Subpart F--Cranes
Sec. 109.529 [Removed]
115. Section 109.529 is removed.
Sec. 109.531 [Removed]
116. Section 109.531 is removed.
Sec. 109.533 [Removed]
117. Section 109.533 is removed.
Sec. 109.535 [Removed]
118. Section 109.535 is removed.
Sec. 109.537 [Removed]
119. Section 109.537 is removed.
Sec. 109.539 [Removed]
120. Section 109.539 is removed.
Sec. 109.558 [Removed]
121. Section 109.558 is removed.
Sec. 109.583 [Removed]
122. Section 109.583 is removed.
PART 153--SHIPS CARRYING BULK LIQUID, LIQUEFIED GAS, OR COMPRESSED
GAS HAZARDOUS MATERIALS
123. The authority citation for part 153 continues to read as
follows:
Authority: 46 U.S.C. 3703; 49 CFR 1.46. Section 153.40 issued
under 49 U.S.C. 5103. Sections 153.470 through 153.491, 153.1100
through 153.1132, and 153.1600 through 153.1608 also issued under 33
U.S.C. 1903(b).
124. In Sec. 153.9, footnote 1 is removed and the introductory text
of paragraph (a) is revised to read as follows:
Sec. 153.9 Foreign flag vessel endorsement application.
(a) Application for a vessel whose flag administration is signatory
to MARPOL 73/78 and issues IMO Certificates. A person who desires a
Certificate of Compliance endorsed to carry a cargo in table 1 of this
part, as described in Sec. 153.900 of this part, must request the
endorsement from the cognizant Officer in Charge, Marine Inspection and
have aboard the vessel copies of IMO Certificates issued by the
vessel's administration and--
* * * * *
Sec. 153.16 [Amended]
125. In Sec. 153.16, the introductory text is amended by replacing
``Certificate of Compliance endorsed with the name of a cargo'' with
``Certificate of Compliance endorsed to carry a cargo''.
[[Page 26009]]
Sec. 153.808 [Amended]
126. Section 153.808 is amended by replacing ``Certificate of
Compliance endorsed with the name of a cargo,'' with ``Certificate of
Compliance endorsed to carry a cargo''.
127. Section 153.809 is revised to read as follows:
Sec. 153.809 Procedures for having the Coast Guard examine a vessel
for a Certificate of Compliance.
The owner of a foreign flag vessel wishing to have the Coast Guard
conduct a Certificate of Compliance examination, as required by
Sec. 153.808, must proceed as follows:
(a) Notify the Officer in Charge, Marine Inspection of the port
where the vessel is to be inspected at least 7 days before the vessel
arrives and arrange the exact time and other details of the
examination. This notification is in addition to any other pre-arrival
notice to the Coast Guard required by other regulations, but may be
concurrent with the endorsement application in Sec. 153.9, and must
include--
(1) The name of the vessel's first U.S. port of call;
(2) The date that the vessel is scheduled to arrive;
(3) The name and telephone number of the owner's local agent; and
(4) The names of all cargoes listed in table 1 of this part that
are on board the vessel.
(b) Before the examination required by Sec. 153.808 is begun, make
certain that the following plans are on board the vessel and available
to the Marine Inspector. These plans include--
(1) A general arrangement (including the location of fire fighting,
safety, and lifesaving gear);
(2) A capacity plan;
(3) A schematic diagram of cargo piping on deck and in tanks
(including the location of all valves and pumps); and
(4) A schematic diagram of cargo tank vent piping (including the
location of relief valves and flame screens).
128. In Sec. 153.902, paragraphs (b) and (c) are revised to read as
follows:
Sec. 253.902 Expiration and invalidation of the Certificate of
Compliance.
* * * * *
(b) The endorsement of a Certificate of Compliance under this part
is invalid if the vessel does not have a valid IMO Certificate of
Fitness.
(c) The endorsement on a Certificate of Compliance invalidated
under paragraph (b) of this section, becomes valid again once the ship
has the IMO Certificate of Fitness revalidated or reissued.
PART 160--LIFESAVING EQUIPMENT
129. The authority citation for part 160 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703, and 4302; E.O. 12234, 3
CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Subpart 160.018 Secs. 160.018-1--160.018-9--[Removed]
130. Subpart 160.018 consisting of Secs. 160.018-1 through 160.018-
9 is removed.
Subpart 160.034 Secs. 160.034-1--160.034-5--[Removed]
131. Subpart 160.034 consisting of Secs. 160.034-1 through 160.034-
5 is removed.
PART 162--ENGINEERING EQUIPMENT
132. The authority citation for part 162 continues to read as
follows:
Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104,
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
11735, 39 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; 49 CFR 1.46.
133. Subpart 162.027 consisting of Secs. 162.027-1 through 162.027-
3 is revised to read as follows:
Subpart 172.027--Combination Solid Stream and Water Spray Firehose
Nozzles
Sec.
162.027-1 Incorporation by reference.
162.027-2 Design, construction, testing and marking requirements.
162.027-3 Approval procedures.
Subpart 162.027--Combination Solid Stream and Water Spray Firehose
Nozzles
Sec. 162.027-1 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in paragraph (b) of this section, the Coast Guard must
publish a notice of change in the Federal Register and the material
must be available to the public. All approved material is available for
inspection at the Office of the Federal Register, 800 North Capitol
Street NW., Suite 700, Washington, DC and at the U.S. Coast Guard,
Design and Engineering Standards Division (G-MMS), 2100 Second Street
SW, Washington, DC and is available from the sources indicated in
paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are as follows:
American Society for Testing and Materials (ASTM)
1916 Race Street, Philadelphia, PA 19103
ASTM F 1546-94, Standard Specification for Firehose Nozzles--
162.027-2; 162.027-3
Sec. 162.027-2 Design, construction, testing and marking requirements.
(a) Each combination solid stream and water spray firehose nozzle
required to be approved under the provisions of this subpart must be
designed, constructed, tested, and marked in accordance with the
requirements of ASTM F 1546-94.
(b) All inspections and tests required by ASTM F 1546-94 must be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
Laboratories accepted by the Coast Guard as meeting subpart 159.010 of
this chapter may be obtained by contacting the Commandant (G-MMS).
(c) The independent laboratory shall prepare a report on the
results of the testing and shall furnish the manufacturer with a copy
of the test report upon completion of the testing required by ASTM F
1546-94.
Sec. 162.027-3 Approval procedures.
(a) Firehose nozzles designed, constructed, tested, and marked in
accordance with ASTM F 1546-94 are considered to be approved under the
provisions of this chapter.
(b) Firehose nozzles designed, constructed, tested and marked in
accordance with the provisions of this subpart in effect prior to June
24, 1996, are considered to be approved under the provisions of this
chapter.
PART 164--MATERIALS
134. The authority citation for part 164 is revised to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Subpart 164.016 Sec. 164.016-1--164.016-5--[Removed]
135. Subpart 164.016 consisting of Secs. 164.016-1 through 164.016-
5 is removed.
PART 167--PUBLIC NAUTICAL SCHOOL SHIPS
136. The authority citation for part 167 continues to read as
follows:
Authority: 46 U.S.C. 3306, 6101, 8105; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
[[Page 26010]]
Sec. 167.40-20 [Amended]
137. In Sec. 167.40-20, the words ``in addition to the ordinary
deep-sea hand lead'' are removed.
Sec. 167.40-35 [Removed]
138. Section 167.40-35 is removed.
139. In Sec. 167.45-40, paragraphs (c-1) and (c-2) are removed and
paragraphs (a), (b) and (c) are revised to read as follows:
Sec. 167.45-40 Fire fighting equipment on nautical school ships using
oil as fuel.
(a) In each boiler room and in each of the machinery spaces of a
nautical school ship propelled by steam, in which a part of the fuel-
oil installation is situated, 2 or more approved fire extinguishers of
the foam type of not less than 9.5 liters (2\1/2\ gallons) each or 2 or
more approved fire extinguishers of the carbon dioxide type of not less
than 33 kilograms (15 pounds) each must be placed where accessible and
ready for immediate use. On a nautical school ship of 1,000 gross tons
and under, only 1 of the fire extinguishers may be required.
In boiler and machinery spaces, at least 2 fire hydrants must have
a firehose of a length that allows each part of the boiler and
machinery spaces to be reached by water from a combination solid stream
and water spray firehose nozzle.
(c) Each firehose under paragraph (b) of this section must have a
combination solid stream and water spray firehose nozzle that meets
subpart 162.027 of this chapter. Combination nozzles and low-velocity
water spray applicators previously approved under subpart 162.027 of
this chapter may remain so long as they are maintained in good
condition to the satisfaction of the Officer in Charge, Marine
Inspection.
* * * * *
Sec. 167.45-55 [Removed]
140. Section 167.45-55 is removed.
Sec. 167.65-3 [Removed]
141. Section 167.65-3 is removed.
Sec. 167.65-10 [Removed]
142. Section 167.65-10 is removed.
143. Section 167.65-15 is revised to read as follows:
Sec. 167.65-15 Routing instructions; strict compliance with.
All licensed masters, officers, and certificated seamen on nautical
school ships must strictly comply with routing instructions issued by
competent naval authority.
Sec. 167.65-30 [Removed]
144. Section 167.65-30 is removed.
145. Section 167.65-50 is revised to read as follows:
Sec. 167.65-50 Posting placards of lifesaving signals.
On all vessels to which this subpart applies there must be readily
available to the deck officer of the watch a placard containing
instructions for the use of the life saving signals set forth in
regulation 16, chapter V, of the International Convention for Safety of
Life at Sea, 1974. These signals must be used by vessels or persons in
distress when communicating with lifesaving stations and maritime
rescue units.
PART 168--CIVILIAN NAUTICAL SCHOOL VESSELS
146. The authority citation for part 168 is revised to read as
follows:
Authority: 46 U.S.C. 3305, 3306; 49 CFR 1.46.
147. Subpart 168.15 is revised to read as follows:
Subpart 168.15--Accommodations
Sec.
168.15-1 Intent.
168.15-5 Location of crew spaces.
168.15-10 Construction.
168.15-15 Size.
168.15-20 Equipment.
168.15-25 Washrooms.
168.15-30 Toilet rooms.
168.15-35 Hospital space.
168.15-40 Lighting.
168.15-45 Heating and cooling.
168.15-50 Ventilation.
168.15-55 Insect screens.
168.15-60 Inspection.
Subpart 168.15--Accommodations
Sec. 168.15-1 Intent.
The accommodations provided for members of the crew, passengers,
cadets, students, instructors or any other persons at any time
quartered on board a vessel to which this part applies must be securely
constructed, properly lighted, heated, drained, ventilated, equipped,
located, arranged and insulated from undue noise, heat and odors.
Sec. 168.15-5 Location of crew spaces.
(a) Quarters must be located so that sufficient fresh air and light
are obtainable compatible with accepted practice or good arrangement
and construction.
(b) Unless approved by the Commandant, quarters, must not be
located forward of the collision bulkhead, nor may such section or
sections of any deck head occupied by quarters be below the deepest
load line.
Sec. 168.15-10 Construction.
(a) The accommodations provided must be securely constructed,
properly lighted, heated, drained, ventilated, equipped, located,
arranged, and insulated from undue noise, heat, and odors.
(b) All accommodations must be constructed and arranged so that
they can be kept in a clean, workable, and sanitary condition.
Sec. 168.15-15 Size.
(a) Sleeping accommodations must be divided into rooms, no one of
which may berth more than subpart persons. The purpose for which each
space is to be used and the number of persons it may accommodate, must
be marked outside the space.
(b) Each room must be of such size that there is at least 1.8
square meters (20 square feet) of deck area and a volume of at least
4.2 cubic meters (150 cubic feet) for each person accommodated. In
measuring sleeping quarters, any furnishings contained therein are not
to be deducted from the total volume or from the deck area.
Sec. 168.15-20 Equipment.
(a) Each person shall have a separate berth and not more than 1
berth may be placed above another. The berths must be of metal
framework. The overall size of a berth must not be less than 68
centimeters (27 inches) wide by 190 centimeters (75 inches) long. Where
2 tiers of berths are fitted, the bottom of the lower berth must not be
less than 30 centimeters (12 inches) above the deck, and the bottom of
the upper must not be less than 76 centimeters (30 inches) from both
the bottom of the lower and from the deck overhead. The berths must not
be obstructed by pipes, ventilating ducts, or other installations.
(b) A metal locker must be provided for each person accommodated in
a room.
Sec. 168.15-25 Washrooms.
(a) There must be provided 1 shower for each 10 persons or fraction
thereof and 1 wash basin for each subpart persons or fraction thereof
for all persons who do not occupy rooms to which private or semi-
private facilities are attached.
(b) All wash basins and showers must be equipped with adequate
plumbing, including hot and cold running fresh water.
Sec. 168.15-30 Toilet rooms.
(a) There must be provided 1 toilet for each 10 persons or fraction
thereof to be accommodated who do not occupy rooms to which private
facilities are attached.
[[Page 26011]]
(b) The toilet rooms must be located convenient to the sleeping
quarters of the persons to which they are allotted but must not open
directly into such quarters except when they are provided as private or
semiprivate facilities.
(c) Where more than 1 toilet is located in a space or compartment,
each toilet must be separated by partitions.
Sec. 168.15-35 Hospital space.
(a) Each vessel must be provided with a hospital space. This space
must be situated with due regard for the comfort of the sick so that
they may receive proper attention in all weather.
(b) The hospital must be suitably separated from other spaces and
must be used for the care of the sick and for no other purpose.
(c) The hospital must be fitted with berths in the ratio of 1 berth
to every 12 persons, but the number of berths need not exceed 6.
(e) The hospital must have a toilet, wash basin, and bathtub or
shower conveniently located. Other necessary suitable equipment of a
sanitary type such as a clothes locker, a table and a seat must be
provided.
Sec. 168.15-40 Lighting.
All quarters, including washrooms, toilet rooms, and hospital
spaces, must be adequately lighted.
Sec. 168.15-45 Heating and cooling.
All quarters must be adequately heated and cooled in a manner
suitable to the purpose of the space.
Sec. 168.15-50 Ventilation.
(a) All quarters must be adequately ventilated in a manner suitable
to the purpose of the space and route of the vessel.
(b) When mechanical ventilation is provided for sleeping rooms,
washrooms, toilet rooms, hospital spaces, and messrooms, these spaces
must be supplied with fresh air equal to at least 10 times the volume
of the room each hour.
Sec. 168.15-55 Screening.
Provision must be made to protect the quarters against the
admission of insects.
Sec. 168.15-60 Inspection.
The Officer in Charge, Marine Inspection, shall inspect the
quarters of every such vessel at least once in each month or at such
time as the vessel enters an American port and shall satisfy himself
that such vessel is in compliance with the regulations in this part.
PART 169--SAILING SCHOOL VESSELS
148. The authority citation for part 169 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; E.O. 11735,
38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; 49 CFR 1.45, 1.46;
Sec. 169.117 also issued under the authority of 44 U.S.C. 3507.
Sec. 169.321 [Removed]
149. Section 169.321 is removed.
Sec. 169.742 [Removed]
150. Section 169.742 is removed.
PART 189--INSPECTION AND CERTIFICATION
151. The authority citation for part 189 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306; E.O. 12234,
45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p.351; 49 CFR 1.46.
Sec. 189.60-30 [Removed]
152. Section 189.60-30 is removed.
PART 190--CONSTRUCTION AND ARRANGEMENT
153. The authority citation for part 190 continues to read as
follows:
Authority: 46 U.S.C. 2113, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 190.01-13 [Removed]
154. Section 190.01-13 is removed.
155. Subpart 190.20 is revised to read as follows:
Subpart 190.20--Accommodations for Officers, Crew, and Scientific
Personnel
Sec.
190.20-1 Application.
190.20-5 Intent.
190.20-10 Location of crew spaces.
190.20-15 Construction.
190.20-20 Sleeping accommodations.
190.20-25 Washrooms and toilet rooms.
190.20-30 Messrooms.
190.20-35 Hospital space.
190.20-40 Other spaces.
190.20-45 Lighting.
190.20-50 Heating and cooling.
190.20-55 Insect screens.
190.20-90 Vessels contracted for prior to March 1, 1968.
Subpart 190.20--Accomodations for Officers, Crew, and Scientific
Personnel
Sec. 190.20-1 Application.
(a) Except as noted below, the provisions of this subpart apply to
all vessels contracted for on or after March 1, 1968.
(b) Vessels contracted for prior to March 1, 1968, must meet the
requirements of Sec. 190.20-90.
Sec. 190.20-5 Intent.
(a) The accommodations provided for officers, crew, and scientific
personnel on all vessels must be securely constructed, properly
lighted, heated, drained, ventilated, equipped, located, arranged, and,
where practicable, shall be insulated from undue noise, heat, and
odors.
(b) Provided the intent of this subpart is met, consideration may
be given by the Officer in Charge, Marine Inspection to relax the
requirements relating to the size and separation of accommodations for
scientific personnel.
Sec. 190.20-10 Location of crew spaces.
(a) Crew quarters must not be located farther forward in the vessel
than a vertical plane located at 5 percent of the vessel's length abaft
the forward side of the stem at the designated summer load water line.
However, for vessels in other than ocean or coastwise service, this
distance need not exceed 8.5 meters (28 feet). For purpose of this
paragraph, the vessel's length shall be as defined in Sec. 43.15-1 of
subchapter E (Load Lines) of this chapter. Unless approved by the
Commandant, no section of the deck head of the crew spaces may be below
the deepest load line.
(b) There must be no direct communication, except through solid,
close fitted doors or hatches between crew spaces and chain lockers, or
machinery spaces.
Sec. 190.20-15 Construction.
All crew spaces are to be constructed and arranged in a manner
suitable to the purpose for which they are intended and so they can be
kept in a clean, workable and sanitary condition.
Sec. 190.20-20 Sleeping accommodations.
(a) Where practicable, each licensed officer must be provided with
a separate stateroom.
(b) Sleeping accommodations for the crew must be divided into
rooms, no one of which must berth more than 4 persons.
(c) Each room must be of such size that there are at least 2.78
square meters (30 square feet) of deck area and a volume of at least
5.8 cubic meters (210 cubic feet) for each person accommodated. The
clear head room must be not less than 190 centimeters (75 inches). In
measuring sleeping accommodations any furnishings contained therein for
the use of the occupants are not to be deducted from the total volume
or from the deck area.
[[Page 26012]]
(d) Each person shall have a separate berth and not more than one
berth may be placed above another. The berth must be composed of
materials not likely to corrode. The overall size of a berth must not
be less than 68 centimeters (27 inches) wide by 190 centimeters (75
inches) long, except by special permission of the Commandant. Where two
tiers of berths are fitted, the bottom of the lower berth must not be
less than 30 centimeters (12 inches) above the deck. The berths must
not be obstructed by pipes, ventilating ducts, or other installations.
(e) A locker must be provided for each person accommodated in a
room.
Sec. 190.20-25 Washrooms and toilet rooms.
(a) There must be provided at least 1 toilet, 1 washbasin, and 1
shower or bathtub for each 8 members or portion thereof in the crew to
be accommodated who do not occupy rooms to which private or semi-
private facilities are attached.
(b) The toilet rooms and washrooms must be located convenient to
the sleeping quarters of the crew to which they are allotted but must
not open directly into such quarters except when they are provided as
private or semi-private facilities.
(c) All washbasins, showers, and bathtubs must be equipped with
adequate plumbing, including hot and cold running water. All toilets
must be installed with adequate plumbing for flushing. Where more than
1 toilet is located in a space or compartment, each toilet must be
separated by partitions.
Sec. 190.20-30 Messrooms.
(a) Messrooms must be located as near to the galley as is
practicable except where the messroom is equipped with a steam table.
(b) Each messroom must seat the number of persons expected to eat
in the messroom at one time.
Sec. 190.20-35 Hospital space.
(a) Except as specifically modified by paragraph (f) of this
section, each vessel which in the ordinary course of its trade makes
voyages of more than 3 days duration between ports and which carries a
crew of 12 or more, must be provided with a hospital space. This space
must be situated with regard to the comfort of the sick so that they
may receive proper attention in all weather.
(b) The hospital must be suitably separated from other spaces and
must be used for the care of the sick and for no other purpose.
(c) The hospital must be fitted with berths in the ratio of 1 berth
to every 12 members of the crew or portion thereof who are not berthed
in single occupancy rooms, but the number of berths need not exceed 6.
Where all single occupancy rooms are provided, the requirement for a
separate hospital may be withdrawn, provided that 1 stateroom is fitted
with a bunk accessible from both sides.
(e) The hospital must have a toilet, washbasin, and bathtub or
shower conveniently situated. Other necessary suitable equipment such
as a clothes locker, a table and a seat must be provided.
(f) On vessels in which the crew is berthed in single occupancy
rooms, a hospital space will not be required, provided that 1 room must
be designated and fitted with use as a treatment or isolation room.
This room must meet the following standards:
(1) The room must be available for immediate medical use; and
(2) A washbasin with hot and cold running water must be installed
either in or immediately adjacent to the space and other required
sanitary facilities must be conveniently located.
Sec. 190.20-40 Other spaces.
Each vessel shall have--
(a) Sufficient facilities where the crew may wash and dry their own
clothes, including at least 1 sink supplied with hot and cold fresh
water;
(b) Recreation spaces; and
(c) A space or spaces of adequate size on the open deck to which
the crew has access when off duty.
Sec. 190.20-45 Lighting.
Each berth must have a light.
Sec. 190.20-50 Heating and cooling.
(a) All manned spaces must be adequately heated and cooled in a
manner suitable to the purpose of the space.
(b) Radiators and other heating apparatus must be so placed and
shielded, where necessary, to avoid risk of fire, danger or discomfort
to the occupants. Pipes leading to radiators or heating apparatus must
be insulated where those pipes create a hazard to persons occupying the
space.
Sec. 190.20-55 Insect screens.
Provisions must be made to protect the crew quarters against the
admission of insects.
Sec. 190.20-90 Vessels contracted for prior to March 1, 1968.
Existing structures, arrangements, materials, and facilities
previously approved will be considered satisfactory so long as they are
maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection. Minor repairs and alterations may be made to
the same standards as the original construction, provided that in no
case will a greater departure from the standards of Secs. 190.20-5
through 190.20-55 be permitted than presently exists.
PART 193--FIRE PROTECTION EQUIPMENT
156. The authority citation for part 193 continues to read as
follows:
Authority: 46 U.S.C. 2213, 3102, 3306; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 193.05-20 [Removed]
157. Section 193.05-20 is removed.
158. In Sec. 193.10-10, paragraphs (j) and (k) are redesignated as
paragraphs (l) and (m), respectively, paragraphs (i-1) and (i-2) are
removed, paragraphs (d) and (i) are revised, and new paragraphs (j) and
(k) are added to read as follows:
Sec. 193.10-10 Fire hydrants and hose.
* * * * *
(d) Fire hydrants must be of sufficient number and so located that
any part of the vessel, other than main machinery spaces, may be
reached with at least 2 streams of water from separate outlets, at
least one of which must be from a single length of hose. In main
machinery spaces, all portions of such spaces must be capable of being
reached by at least 2 streams of water, each of which must be from a
single length of hose from separate outlets; however, this requirement
need not apply to shaft alleys containing no assigned space for the
stowage of combustibles. Fire hydrants must be numbered as required by
Sec. 196.37-15 of this subchapter.
* * * * *
(i) Each fire hydrant must have at least 1 length of firehose. Each
firehose must have a combination solid stream and water spray nozzle
that is approved under subpart 162.027 of this subchapter, except 19
millimeters (3/4 inch) hose may have a garden hose nozzle that is
bronze or metal with strength and corrosion resistance equivalent to
bronze. Combination solid stream and water spray nozzles previously
approved under subpart 162.027 of this chapter may be retained so long
as they are maintained in good condition to the satisfaction of the
Officer in Charge, Marine Inspection.
(j) When the firehose nozzle in the below locations was previously
approved under subpart 162.027 of this chapter, a low-velocity water
spray applicator, also previously approved under subpart 162.027, of
this chapter must be installed as follows:
[[Page 26013]]
(1) At least 1 length of firehose on each fire hydrant outside and
in the immediate vicinity of each laboratory;
(2) Each firehose in each propulsion machinery space containing
oil-fired boiler, internal combustion machinery, or oil fuel unit on a
vessel of 1000 gross tons or more--the length of each applicator must
be 1.2 meters (4 feet).
(k) Fixed brackets, hooks, or other means for stowing an applicator
must be next to each fire hydrant that has an applicator under
paragraph (j) of this section.
* * * * *
159. Section 193.10-90 is revised to read as follows:
Sec. 193.10-90 Installations contracted for prior to March 1, 1968.
Installations contracted for prior to March 1, 1968, must meet the
following requirements:
(a) Except as specifically modified by this paragraph, vessels must
comply with the requirements of Secs. 193.10-5 through 193.10-15
insofar as the number and general type of equipment is concerned.
(b) Existing equipment, except firehose nozzles and low-velocity
water spray applicators, previously approved but not meeting the
applicable requirements of Secs. 193.10-5 through 193.10-15, may be
continued in service so long as they are maintained in good condition
to the satisfaction of the Officer in Charge, Marine Inspection. Minor
repairs, alterations, and replacements may be permitted to the same
standards as the original installations. However, all new installations
or major replacements must meet the applicable requirements in this
subpart for new installations.
(c) Vessels must comply with the general requirements of
Sec. 193.10-5 (c) through (g), Sec. 193.10-10 (d) through (m), and
Sec. 193.10-15 insofar as is reasonable and practicable.
(d) Each firehose nozzle must meet Sec. 193.10-10(i), and each low-
velocity water spray applicator must meet Sec. 193.10-10(j).
PART 196--OPERATIONS
160. The authority citation for part 196 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306, 5115, 6101;
E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; E.O. 12234,
45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Subpart 196.03 (Sec. 196.03-1)--[Removed]
161. Subpart 196.03 consisting of Sec. 196.03-1 is removed.
Subpart 196.17 (Sec. 196.17-1)--[Removed]
162. Subpart 196.17 consisting of Sec. 196.17-1 is removed.
Subpart 196.18 (Sec. 196.18-1)--[Removed]
163. Subpart 196.18 consisting of Sec. 196.18-1 is removed.
Subpart 196.23 (Sec. 196.23-1)--[Removed]
164. Subpart 196.23 consisting of Sec. 196.23-1 is removed.
Sec. 196.27-10 [Removed]
165. Section 196.27-10 is removed.
166. Subpart 196.33 consisting of Sec. 196.33-1 is revised to read
as follows:
Subpart 196.33--Communication Between Deckhouses
Sec. 196.33-1 When required.
On all vessels navigating in other than protected waters, where the
distance between deckhouses is more than 46 meters (150 feet) a fixed
means of facilitating communication between both ends of the vessel,
such as a raised fore and aft bridge or side tunnels, must be provided.
Previously approved arrangements may be retained so long as they are
maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection.
167. Section 196.35-3 is revised to read as follows:
Sec. 196.35-3 Logbooks and records.
(a) The master or person in charge of an oceanographic research
vessel that is required by 46 U.S.C. 11301 to have an official logbook
may maintain the logbook on form CG-706 or in the owner's format for an
official logbook. Such logs must be kept available for a review for a
period of 1 year after the date to which the records refer, or for the
period of validity of the vessel's current certificate of inspection,
whichever is longer. When the voyage is completed, the master or person
in charge shall file the logbook with the Officer in Charge, Marine
Inspection.
(b) The master or person in charge of a vessel that is not required
by 46 U.S.C. 11301 to have a official logbook, shall maintain, on
aboard, an unofficial logbook or record in any form desired for the
purposes of making entries therein as required by law or regulations in
this subchapter. Such logs or records are not filed with the Officer in
Charge, Marine Inspection, but must be kept available for review by a
marine inspector for a period of 1 year after the date to which the
records refer. Separate records of tests and inspections of fire
fighting equipment must be maintained with the vessel's logs for the
period of validity of the vessel's certificate of inspection.
Sec. 196.35-10 [Removed]
168. Section 196.35-10 is removed.
Sec. 196.37-45 [Removed]
169. Section 169.37-45 is removed.
170. Subpart 196.43 consisting of Secs. 196.43-1 and 196.43-5 is
revised to read as follows:
Subpart 196.43--Placard of Lifesaving Signals
Sec.
196.43-1 Application.
196.43-5 Availability.
Subpart 196.43--Placard of Lifesaving Signals
Sec. 196.43-1 Application.
The provisions of this subpart apply to all vessels on an
international voyage, and all other vessels of 150 gross tons or over
in ocean, coastwise, or Great Lakes service.
Sec. 196.43-5 Availability.
On all vessels to which this subpart applies there must be readily
available to the deck officer of the watch a placard containing
instructions for the use of the lifesaving signals set forth in
regulation 16, chapter V, of the International Convention for Safety of
Life at Sea, 1974. These signals must be used by vessels or persons in
distress when communicating with lifesaving stations and maritime
rescue units.
Subpart 196.60 (Sec. 196.60-1)--[Removed]
171. Subpart 196.60 consisting of Sec. 196.60-1 is removed.
Subpart 196.75 (Sec. 196.75-1)--[Removed]
172. Subpart 196.75 consisting of Sec. 196.75-1 is removed.
Dated: May 10, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Marine Safety and Environmental
Protection.
[FR Doc. 96-12428 Filed 5-22-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-12270 Inspection of Great Lakes Agreement Ships
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25804-25807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12270]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 80
[CI Docket No. 95-54, 96-195]
Inspection of Great Lakes Agreement Ships
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission has issued a Report and Order which adopts
rules to require vessel operators on the Great Lakes subject to the
annual inspection requirements of the Agreement between the United
States and Canada for the Promotion of Safety on the Great Lakes by
Means of Radio (Great Lakes Agreement) to have the inspection performed
by an FCC-licensed technicians holding an FCC General Radiotelephone
Operator License, a GMDSS Radio Maintainer's License, a Second Class
Radiotelegraph Operator's Certificate, or a First Class Radiotelegraph
Operator's Certificate instead of by Commission staff. The Commission
took this action to reduce economic burdens on the public and the
Commission. The intended effect of these rule changes is increase the
availability of competent, private sector inspectors to conduct Great
Lakes Agreement inspections without adversely affecting safety and,
thus, provide greater convenience for the maritime industry.
EFFECTIVE DATE: June 24, 1996.
FOR FURTHER INFORMATION CONTACT: George R. Dillon of the Compliance and
Information Bureau at (202) 418-1100.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, CI Docket No. 95-54, FCC 96-195, adopted April 25, 1996, and
released, April 26, 1996. The full text of this Report and Order is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239) 1919 M Street, NW, Washington, DC.
The complete text may be purchased from the Commission's copy
contractor, International Transcription Services, 2100 M Street NW,
Washington, DC 20037, telephone (202) 857-3800.
Summary of Report and Order
1. In this Report and Order, we adopt rules that require owners and
operators of ships subject to the annual inspection requirements of the
Agreement between the United States and Canada for the Promotion of
Safety on the Great Lakes by Means of Radio (Great Lakes Agreement) to
have the inspection performed by an FCC General Radiotelephone Operator
License, a GMDSS Radio Maintainer's License, a Second Class
Radiotelegraph Operator's Certificate, or a First Class Radiotelegraph
Operator's Certificate instead of by Commission staff. These changes
will reduce economic burdens on the public and the Commission by
allowing mariners to arrange for an inspection at their convenience.
Because the United States is required by the Great Lakes Agreement to
fully guarantee the completeness and efficiency of the inspection, we
are adopting rules to require two independent certifications that the
ship has passed an inspection. One certification from the inspecting
technician that the vessel has passed an inspection and another
certification that the vessel owner, operator, or ship's master is
satisfied that the inspection was satisfactory. We have also concluded
that it is important to the integrity of this ship inspection program
that the inspectors be independent of the vessel owners and operators.
We are, therefore, providing that the vessel's owner, operator, master,
employees or their affiliates may not conduct the required inspections.
2. The Great Lakes Agreement is intended to promote safety of life
and property on the Great Lakes by means of radio. It dates back to
1952 and requires, among other things, that all vessels over 20 meters
(65 feet), most towing vessels, and vessels carrying more than six
passengers for hire be equipped with a marine VHF radiotelephone
installation. The Great Lakes Agreement requires that these
installations be inspected at least once each year. The Great Lakes
Agreement requires that the inspections be carried out by officers of
the Contracting Governments or by either persons nominated for that
purpose or organizations recognized by the Contracting Government. In
other words, the Great Lakes Agreement provides specific authority
allowing the United States to entrust the annual inspection to either
persons or organizations other than the Commission.
3. Additionally, the Great Lakes Agreement requires that these
vessels be inspected while the vessel is in active service or within
one month before the date the vessel is placed in service. Because
almost all vessels on the Great Lakes must be taken out of service over
the winter and operators do not wish to interrupt shipping schedules
after the shipping season begins, there is a very busy period in the
spring when these vessels are being put back in service.
4. The Commission inspects approximately 490 vessels subject to the
Great Lakes Agreement each year. Commission inspectors test the output
power, frequency tolerance and availability of reserve power, and
conduct an operational radio check of the radiotelephone installation
during the inspection. Any failure of these critical items results in
the vessel failing the annual inspection and not receiving a safety
certificate until the failure is corrected. An integral part of the
annual inspection is to examine the connecting transmission lines,
electrical cabling and control circuitry that make up the entire
radiotelephone installation to ensure that the individual components
operate satisfactorily when connected together.
5. Although the inspections are relatively simple and generally
take no more than an hour to complete, they are conducted to ensure
that Great Lakes Agreement ships have a reliable means of distress
communications in an emergency. We note, however, that improvements in
the reliability of radiotelephone equipment and the industry practice
of preinspection examinations have resulted in an inspection failure
rate for Great Lakes Agreement vessels of only one per cent.
6. We believe in the principle that government should be responsive
to user needs and began this proceeding to promote flexibility, remove
unnecessary and inimical regulations and, most importantly, provide
better service to the public.
Final Regulatory Flexibility Analysis
7. As required by Section 603 of the Regulatory Flexibility Act,
the Commission has prepared a Final Regulatory Flexibility Analysis of
the expected impact on small entities of the rules adopted in this
Report and Order.
8. Need for and purpose of this action. The rules we adopt in this
proceeding will permit the owners and operators of Great Lakes
Agreement vessels to arrange for an inspection by an FCC-licensed
operator instead of requiring that all inspections be conducted by FCC
personnel. This change will improve the speed and convenience of
[[Page 25805]]
service to the owners and operators of such vessels, many of which are
small businesses and will conserve scarce government resources.
9. Summary of the issues raised by the public comments in response
to the Initial Regulatory Flexibility Analysis. There were no comments
submitted in response to the Initial Regulatory Flexibility Analysis.
10. Significant alternatives considered. We proposed limiting the
inspection of subject vessels to classification societies and requested
specific comments on our proposal. Commenters overwhelmingly opposed
limiting the inspections solely to classification societies and
suggested that we permit anyone with an FCC license to inspect the
vessels.
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies)
47 CFR Part 80
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Parts 0 and 80 of Chapter I of Title 47 of the Code of Federal
Regulations are amended as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for Part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
2. Section 0.311 is amended by adding a new paragraph (i) to read
as follows:
Compliance and Information Bureau
Sec. 0.311 Authority delegated.
* * * * *
(i) The Chief of the Compliance and Information Bureau is
authorized to rely on reports, documents or log entries made by the
holder of an FCC General Radiotelephone Operator License, GMDSS Radio
Maintainer's License, Second Class Radiotelegraph Operator's
Certificate, or First Class Radiotelegraph Operator's Certificate as
certification that the vessel complies with requirements of Articles
XI, XII, and XIII of the Great Lakes Agreement. The Chief, Compliance
and Information Bureau is authorized to delegate this authority.
3. Section 0.314 is amended by revising paragraph (l) to read as
follows:
Sec. 0.314 Additional authority delegated.
* * * * *
(l) For inspection or periodical survey as required by Article XII
of the Great Lakes Agreement and certification prescribed by Article
XIII thereof. The District Director may require that the inspection be
conducted by an FCC-licensed technician holding an FCC General
Radiotelephone Operator License, GMDSS Radio Maintainer's License,
Second Class Radiotelegraph Operator's Certificate, or First Class
Radiotelegraph Operator's Certificate.
* * * * *
PART 80--STATIONS IN THE MARITIME SERVICES
4. The authority citation for Part 80 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat.
1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST
3450, 3 UST 4726, 12 UST 2377.
5. Section 80.59 is amended by revising the section heading, and
paragraphs (a) and (b) to read as follows:
Sec. 80.59 Compulsory ship inspections.
(a) Application for inspection of ships subject to the
Communications Act or the Safety Convention. FCC Form 801, including
documentation that the appropriate inspection fees have been paid, must
be used to apply for inspection and certification for ships subject to
Part II or Part III of Title III of the Communications Act or the
Safety Convention. An inspection of the bridge-to-bridge radio stations
on board vessels subject to the Vessel Bridge-to-Bridge Radiotelephone
Act will be conducted when the vessels are additionally subject to any
of the laws and treaties mentioned in the previous sentence.
(1) Applications for inspections of ships subject to Part II or
Part III of Title III or the Safety Convention must be submitted to the
Commission in sufficient time to reach the FCC field office serving the
port where the ship is to be inspected at least three days prior to the
proposed inspection date.
(2) If the inspection described in paragraph (a)(1) of this section
is to be scheduled on a Sunday, national holiday or during other than
established working hours on any other day, the applicant must
additionally submit FCC Form 808 to the FCC field office serving the
port where the ship is to be inspected at least three days prior to the
inspection.
(b) Inspection and certification of a ship subject to the Great
Lakes Agreement. The FCC will not inspect Great Lakes Agreement
vessels. An inspection and certification of a ship subject to the Great
Lakes Agreement must be made by a technician holding one of the
following: an FCC General Radiotelephone Operator License, a GMDSS
Radio Maintainer's License, a Second Class Radiotelegraph Operator's
Certificate, or a First Class Radiotelegraph Operator's Certificate.
The certification required by Sec. 80.953 must be entered into the
ship's log. The technician conducting the inspection and providing the
certification must not be the vessel's owner, operator, master, or an
employee of any of them. Additionally, the vessel owner, operator, or
ship's master must certify that the inspection was satisfactory. There
are no FCC prior notice requirements for any inspection pursuant to
Sec. 80.59(b).
* * * * *
6. Section 80.401 is revised to read as follows:
Sec. 80.401 Station documents requirement.
Licensees of radio stations are required to have current station
documents as indicated in the following table:
BILLING CODE 6712-01-P
[[Page 25806]]
[GRAPHIC] [TIFF OMITTED] TR23MY96.000
BILLING CODE 6712-01-C
[[Page 25807]]
Notes:
1. The expired station license must be retained in the station
records until the first Commission inspection after the expiration
date.
2. Alternatively, a list of coast stations maintained by the
licensee with which communications are likely to be conducted,
showing watchkeeping hours, frequencies and charges, is authorized.
3. Required only if station provides a service to oceangoing
vessels.
4. Certification of a Great Lakes Agreement inspection may be
made by either a log entry or issuance of a Great Lakes Agreement
certificate. Radiotelephone logs containing entries certifying that
a Great Lakes Agreement inspection has been conducted must be
retained and be available for inspection by the FCC for 2 years
after the date of the inspection.
7. Section 80.409 is amended by adding a new sentence at the end of
paragraph (b)(2), and revising paragraph (f)(2) to read as follows:
Sec. 80.409 Station logs.
* * * * *
(b) * * *
(2) * * * Additionally, logs required by paragraph (f) of this
section must be retained on board the vessel for a period of 2 years
from the date of the last inspection of the ship radio station.
(f) * * *
(2) Radiotelephony stations subject to the Great Lakes Agreement
and the Bridge-to-Bridge Act must record entries indicated by
paragraphs (e) (1), (5), (6), (7), (8), (9), (11) and (12) of this
section. Additionally, the radiotelephone log must provide an easily
identifiable, separate section relating to the required inspection of
the ship's radio station. Entries must be made in this section giving
at least the following information:
(i) The date the inspection was conducted;
(ii) The date by which the next inspection needs to be completed;
(iii) The inspector's printed name, address and class of FCC
license (including the serial number);
(iv) The results of the inspection, including any repairs made;
(v) The inspector's signed and dated certification that the vessel
meets the requirements of the Great Lakes Agreement and the Bridge-to-
Bridge Act contained in Subparts T and U of this part and has
successfully passed the inspection; and
(vi) The vessel owner, operator, or ship's master's certification
that the inspection was satisfactory.
* * * * *
8. Section 80.411 is amended by adding a new sentence to the end of
paragraph (b) to read as follows:
Sec. 80.411 Vessel certification or exemption.
* * * * *
(b) * * * Ships subject to the Great Lakes Agreement may, in lieu
of a posted certificate, certify compliance in the station log required
by section 80.409(f).
9. Section 80.953 is revised to read as follows:
Sec. 80.953 Inspection and certification.
(a) Each U.S. flag vessel subject to the Great Lakes Agreement must
have an inspection of the required radiotelephone installation at least
once every 13 months. This inspection must be made while the vessel is
in active service or within not more than one month before the date on
which it is placed in service.
(b) An inspection and certification of a ship subject to the Great
Lakes Agreement must be made by a technician holding one of the
following: a General Radiotelephone Operator License, a GMDSS Radio
Maintainer's License, a Second Class Radiotelegraph Operator's
Certificate, or a First Class Radiotelegraph Operator's Certificate.
Additionally, the technician must not be the vessel's owner, operator,
master, or an employee of any of them. The results of the inspection
must be recorded in the ship's radiotelephone log and include:
(1) The date the inspection was conducted;
(2) The date by which the next inspection needs to be completed;
(3) The inspector's printed name, address, class of FCC license
(including the serial number);
(4) The results of the inspection, including any repairs made; and
(5) The inspector's signed and dated certification that the vessel
meets the requirements of the Great Lakes Agreement and the Bridge-to-
Bridge Act contained in Subparts T and U of this part and has
successfully passed the inspection.
(c) The vessel owner, operator, or ship's master must certify that
the inspection required by paragraph (b) was satisfactory.
(d) The ship's log must be retained on-board the vessel for at
least two years from the date of the inspection.
10. Section 80.1005 is amended by adding two new sentences at the
end of the section to read as follows:
Sec. 80.1005 Inspection of station.
* * * An inspection of the bridge-to-bridge station on a Great
Lakes Agreement vessel must normally be made at the same time as the
Great Lakes Agreement inspection is conducted by a technician holding
one of the following: a General Radiotelephone Operator License, a
GMDSS Radio Maintainer's License, a Second Class Radiotelegraph
Operator's Certificate, or a First Class Radiotelegraph Operator's
Certificate. Additionally, the technician must not be the vessel's
owner, operator, master, or an employee of any of them. Ships subject
to the Bridge-to-Bridge Act may, in lieu of an endorsed certificate,
certify compliance in the station log required by section 80.409(f).
[FR Doc. 96-12270 Filed 5-22-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-12029 Restructuring of Cylinder Specifications Requirements
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25940-25982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12029]
[[Page 25939]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 171, et al.
Restructuring of Cylinder Specifications Requirements; Final Rule
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules
and Regulations
[[Page 25940]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 173, and 178
[Docket HM-220B; Admt. Nos. 171-142, 173-250, and 178-114]
RIN 2137-AC81
Restructuring of Cylinder Specifications Requirements
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: RSPA is amending the Hazardous Materials Regulations (HMR) by
restructuring the cylinder specification requirements in its
regulations on Specifications for packagings. The intended effect of
this rulemaking is to reduce the size of the HMR through consolidation
of repetitive requirements and other formatting changes. This action
eliminates approximately 45 pages of regulations from the Code of
Federal Regulations without substantially changing the regulatory
requirements or affecting safety. It is in response to President
Clinton's March 4, 1995 Regulatory Reinvention Initiative memorandum to
heads of departments and agencies calling for a review of all agency
regulations. RSPA is also making corresponding reference changes
throughout the HMR.
DATES: Effective date: October 1, 1996.
Incorporation by reference date: The incorporation by reference of
certain publications listed in these amendments has been approved by
the Director of the Federal Register as of October 1, 1996.
FOR FURTHER INFORMATION CONTACT: John A. Gale, (202) 366-8553; Office
of Hazardous Materials Standards, RSPA, Department of Transportation,
Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On March 4, 1995, President Clinton issued a Regulatory Reinvention
Initiative memorandum to heads of departments and agencies calling for
a review of all agency regulations and elimination or revision of those
regulations that are outdated or in need of reform. RSPA has performed
an extensive review of the Hazardous Materials Regulations (HMR; 49 CFR
Parts 171-180) and associated procedural rules (49 CFR Parts 106 and
107) in response to the President's directive.
The President also directed that front line regulators ``* * * get
out of Washington and create grassroots partnerships'' with people
affected by agency regulations. On April 4, 1995, RSPA published in the
Federal Register (60 FR 17049) a Notice of Public Meetings and request
for comment on its hazardous materials safety program. Comments were
requested on ways to improve the HMR and the kind and quality of
services its customers want. RSPA held seven public meetings and
received over 50 comments in response to the notice. On July 28, 1995,
RSPA published a second Notice of Public Meetings in the Federal
Register (60 FR 38888) which announced five more public meetings that
were held from September 1995 through January 1996.
One area identified by RSPA in its review of the HMR was the need
to reform the cylinder specifications in 49 CFR Part 178. On March 4,
1996 (61 FR 8328), RSPA proposed to amend the HMR by restructuring the
cylinder specifications in Part 178. RSPA estimates that by
consolidating duplicative requirements in 23 cylinder specifications,
that it will eliminate at least 45 pages from the CFR. By reformatting
the specifications, RSPA proposes to eliminate over 450 sections from
Part 178 of Title 49. The combined effect of these changes will be to
make the regulations shorter and easier to use and help RSPA move
toward its goal of issuing the HMR in one volume of the Code of Federal
Regulations, rather than two.
This rulemaking also serves as the model for a comprehensive
rulemaking, being developed by RSPA in cooperation with the Compressed
Gas Association, for which a notice of proposed rulemaking is
anticipated later this year. In this latter rulemaking, under Docket
HM-220, RSPA intends to propose substantive changes to the cylinder
specifications to accommodate contemporary manufacturing techniques,
eliminate obsolete requirements, contemporize regulatory language and
make safety enhancements to the regulations.
II. Summary of Amendments
RSPA received approximately 10 comments to the NPRM. All of the
comments were in support of the proposal. One commenter stated that the
changes proposed under Docket HM-220B are a valuable contribution to
simplification of the cylinder specifications. Another commenter stated
that it strongly supports the amendments proposed in Docket HM-220B to
simplify and update existing regulations and to reduce the size of the
HMR by consolidation of the text. Several commenters also raised
concerns that were beyond the scope of the proposed rule; however, they
may be considered in future rulemakings.
In this final rule, RSPA is revising the HMR by restructuring the
cylinder specification requirements in 49 CFR Part 178. This
restructuring of the cylinder specifications: (1) consolidates similar
sections; (2) reformats subpart C of Part 178 for consistency with the
format of the rest of Part 178; and (3) revises section references
throughout the HMR to correspond to the revised sections. RSPA intends
to streamline the cylinder specification requirements without making
substantive changes to them.
Sections that have been consolidated are the sections of each
specification addressing compliance, authorized inspectors, duties of
the inspector, the inspector's report, record retention, defects,
safety relief devices, and marking. These sections have been
consolidated into a new Sec. 178.35. Section 178.35, entitled ``General
requirements for specification cylinders'' prescribes the general
requirements for all DOT specification cylinders. However, because some
of the duties of the inspector and marking requirements are specific to
individual cylinder designs, some specifications have additional
marking and inspector requirements remaining in their sections.
For the inspector's report, RSPA has adopted the inspector report
formats in Compressed Gas Association (CGA) Pamphlet C-11,
``Recommended Practices for Inspection of Compressed Gas Cylinders at
Time of Manufacture.'' The report formats can be modified to represent
the inspection of specific cylinders. Additional information may be
required as stated in each specification. In order to help facilitate
transition into the new reports, RSPA is allowing inspectors an
additional year, until October 1, 1997, to use the old report format
required by the HMR.
Those sections remaining in each specification have been
consolidated into a single section. Presently, each specification is
set forth in approximately 22 different sections. Under this final
rule, there is only one section for each specification. For example,
Specification 3B was set forth in 24 sections, Secs. 178.38 through
178.38-23. In this final rule, Specification 3B is set forth in one
section, Sec. 178.38, and some of its requirements are relocated in
Sec. 178.35. Sixteen of the old sections are converted to paragraphs
(a) through (o) of Sec. 178.38. As an aid to the reader, the regulatory
[[Page 25941]]
text in this final rule includes all of the requirements for cylinders
in the current Subpart C of part 178, even though not all of the
requirements are changed.
In response to comments, RSPA has made several changes to the
original proposal. RSPA has corrected the minimum service pressure for
the DOT Specification 4E cylinder to 225 psig. In the NPRM, RSPA
incorrectly proposed the minimum service pressure for the 4E cylinder
at 250 psig.
In the NPRM, RSPA proposed to revise the marking requirements for
the DOT Specification 39 to indicate that the highest monetary penalty
under the Federal hazardous materials transportation law was $500,000
and not $25,000. One commenter, citing the costs of updating silk-
screens, requested that RSPA not adopt this change. RSPA has not
adopted this commenter's suggestion because the marking should
accurately reflect the requirements of the Federal hazardous materials
transportation law. However, RSPA is adding a ``grandfather'' provision
for those containers marked prior to October 1, 1996.
In Sec. 178.35(b)(2), RSPA is adding a reference to the DOT
Specification 3E. RSPA had inadvertently left reference of that
specification out of that section.
The purpose of this rulemaking action is to reduce the size of the
HMR and make it easier to use. It is not intended to make substantive
changes to regulatory requirements and no adverse impacts are
anticipated on the regulated community.
III. Regulatory Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. The rule is not considered significant
under the regulatory policies and procedures of the Department of
Transportation (44 FR 11034). The economic impact of this rule is
minimal to the extent that the preparation of a regulatory evaluation
is not warranted.
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism''). The
Federal hazardous materials transportation law (49 U.S.C. 5101-5127)
contains an express preemption provision that preempts State, local,
and Indian tribe requirements on certain covered subjects. Covered
subjects are:
(i) the designation, description, and classification of hazardous
material;
(ii) the packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(iii) the preparation, execution, and use of shipping documents
pertaining to hazardous material and requirements respecting the
number, content, and placement of such documents;
(iv) the written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(v) the design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous material.
The Federal hazardous materials transportation law provides that if
DOT issues a regulation concerning any of the covered subjects after
November 16, 1990, DOT must determine and publish in the Federal
Register the effective date of Federal preemption. 49 U.S.C.
5125(b)(2). That effective date may not be earlier than the 90th day
following the date of issuance of the final rule and not later than two
years after the date of issuance. RSPA has determined the effective
date of Federal preemption for these requirements is October 1, 1996.
This final rule deals with the packaging of compressed gases. Because
RSPA lacks discretion in this area, preparation of a federalism
assessment is not warranted.
Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This final rule does
not impose any new requirements on persons subject to the HMR.
Paperwork Reduction Act
This final rule does not propose any new information collection
requirements.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor carrier safety, Packaging and containers, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR parts 171, 173, and 178
are amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for Part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
2. In Sec. 171.7(a)(3), in the table, under the entry ``Aluminum
Standards and Data, Seventh Edition, June 1982'', the section reference
``178.65-5'' is revised to read ``178.46 and 178.65'', under the entry
National Institute of Standards and Technology the entry for ``USDC,
NBS Handbook H-28'' is amended by adding a section reference to read
``; 178.46'', under the entry American Society for Testing and
Materials the entries for ASTM A 240-82, and ASTM B 557-84 are revised
and two new entries are added in appropriate alpha-numerical order, and
under the entry Compressed Gas Association, Inc., the entries for CGA
Pamphlet C-3 and CGA Pamphlet C-12 are revised and a new entry is added
in alpha-numerical order to read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) * * *
[[Page 25942]]
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * *
* * *
American Society for Testing and Materials
* * * *
* * *
ASTM A 240-82 Standard Specification for Heat- 178.57; 178.358; 179.100;
Resisting Chromium and Chromium-Nickel 179.200; 179.201;
Stainless Steel Plate, Sheet and Strip for 179.220; 179.400.
Fusion-Welded Unfired Pressure Vessels,
Revision A.
* * * *
* * *
ASTM B 557-84 Tension Testing Wrought and 178.46; 178.251.
Cast Aluminum and Magnesium-Alloy Products.
* * * *
* * *
ASTM E 112-88 Standard Test Methods for 178.44.
Determining Average Grain Size.
ASTM E 290-92 Standard Test Method for Semi- 178.46.
Guided Bend Test for Ductility of Metallic
Materials.
* * * *
* * *
Compressed Gas Association, Inc.,
* * * *
* * *
CGA Pamphlet C-3, Standards for Welding and 178.47; 178.50; 178.51;
Brazing on Thinned Walled Containers, 1975. 178.53; 178.54; 178.56;
178.57; 178.58; 178.59;
178.60; 178.61; 178.65;
178.68.
* * * *
* * *
CGA Pamphlet C-11, Recommended Practices for 178.35.
Inspection of Compressed Gas Cylinders at
Time of Manufacture, 1993.
CGA Pamphlet C-12, Qualification Procedure 173.34; 173.303; 178.59;
for Acetylene Cylinder Design, 1994. 178.60.
* * * *
* * *
------------------------------------------------------------------------
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
3. The authority citation for Part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 173.34 [Amended]
4. In Sec. 173.34, paragraph (h) is amended by:
a. Removing, in the first sentence, the phrase ``Secs. 178.36-9(a),
178.37-9(a), 178.38-9(a), and 178.40-9(a)'' and replacing it with the
phrase ``Sec. 178.36(e), 178.37(e), 178.38(e), and 178.40(e)''.
b. Removing, in the fourth sentence, the phrase ``Sec. 178.36-9(a),
Sec. 178.37-9(a), Sec. 178.38-9(a), or Sec. 178.40-9(a)'' and replacing
it with the phrase ``Sec. 178.36(e), 178.37(e), 178.38(e), or
178.40(e)''.
Sec. 173.316 [Amended]
5. In Sec. 173.316, in paragraph (a)(8), the section reference
``178.57-20(a)(4)'' is revised to read ``178.35'' and in paragraph
(c)(3)(ii) the section reference ``178.57-20'' is revised to read
``178.35''.
PART 178--SPECIFICATIONS FOR PACKAGINGS
6. The authority citation for Part 178 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
7. Subpart C of Part 178 is revised to read as follows:
Subpart C--Specifications for Cylinders
Sec.
178.35 General requirements for specification cylinders.
178.36 Specification 3A and 3AX seamless steel cylinders.
178.37 Specification 3AA and 3AAX seamless steel cylinders.
178.38 Specification 3B seamless steel cylinders.
178.39 Specification 3BN seamless nickel cylinders.
178.42 Specification 3E seamless steel cylinders.
178.44 Specification 3HT seamless steel cylinders for aircraft use.
178.45 Specification 3T seamless steel cylinders.
178.46 Specification 3AL seamless aluminum cylinders.
178.47 Specification 4DS welded stainless steel cylinders for
aircraft use.
178.50 Specification 4B welded or brazed steel cylinders.
178.51 Specification 4BA welded or brazed steel cylinders.
178.53 Specification 4D welded steel cylinders for aircraft use.
178.55 Specification 4B240ET welded or brazed cylinders.
178.56 Specification 4AA480 welded steel cylinders.
178.57 Specification 4L welded insulated cylinders.
178.58 Specification 4DA welded steel cylinders for aircraft use.
178.59 Specification 8 steel cylinders with porous fillings for
acetylene.
178.60 Specification 8AL steel cylinders with porous fillings for
acetylene.
178.61 Specification 4BW welded steel cylinders with electric-arc
welded longitudinal seam.
178.65 Specification 39 non-reusable (non-refillable) cylinders.
178.68 Specification 4E welded aluminum cylinders.
Subpart C--Specifications for Cylinders
Sec. 178.35 General requirements for specification cylinders.
(a) Compliance. Compliance with the requirements of this subpart is
required in all details.
(b) Inspections and analyses. Chemical analyses and tests as
specified must be made within the United States unless otherwise
approved in writing by the Associate Administrator, in accordance with
Sec. 173.300b of this subchapter. Inspections and verifications must be
performed by--
[[Page 25943]]
(1) An independent inspection agency approved in writing by the
Associate Administrator, in accordance with Sec. 173.300a of this
subchapter; or
(2) For DOT Specifications 3B, 3BN, 3E, 4B, 4BA, 4D (water capacity
less than 1,100 cubic inches), 4B240ET, 4AA480, 4L, 8, 8AL, 4BW, 39
(marked service pressure 900 p.s.i.g. or lower) and 4E manufactured in
the United States, a competent inspector of the manufacturer.
(c) Duties of inspector. The inspector shall determine that each
cylinder made is in conformance with the applicable specification.
Except as otherwise specified in the applicable specification, the
inspector shall perform the following:
(1) Inspect all material and reject any not meeting applicable
requirements. For cylinders made by the billet-piercing process,
billets must be inspected and shown to be free from pipe, cracks,
excessive segregation and other injurious defects after parting or,
when applicable, after nick and cold break.
(2) Verify the material of construction meets the requirements of
the applicable specification by--
(i) Making a chemical analysis of each heat of material;
(ii) Obtaining a certified chemical analysis from the material
manufacturer for each heat of material (a ladle analysis is
acceptable); or
(iii) If an analysis is not provided for each heat of material by
the material manufacturer, by making a check analysis of a sample from
each coil, sheet, or tube.
(3) Verify compliance of cylinders with the applicable
specification by--
(i) Verifying identification of material is proper;
(ii) Inspecting the inside of the cylinder before closing in ends;
(iii) Verifying that the heat treatment is proper;
(iv) Obtaining samples for all tests and check chemical analyses;
(v) Witnessing all tests;
(vi) Verify threads by gauge;
(vii) Reporting volumetric capacity and tare weight (see report
form) and minimum thickness of wall noted; and
(viii) Verifying that each cylinder is marked in accordance with
the applicable specification.
(4) Furnish complete test reports required by this subpart to the
maker of the cylinder and, upon request, to the purchaser. The test
report must be retained by the inspector for fifteen years from the
original test date of the cylinder.
(d) Defects. A cylinder may not be constructed of material with
seams, cracks, laminations, or other injurious defects.
(e) Safety devices. Safety devices and protection for valves,
safety devices, and other connections, if applied, must be as required
or authorized by the appropriate specification, and as required in
Secs. 173.34 and 173.301 of this subchapter.
(f) Markings. Markings on a DOT Specification cylinder must conform
to applicable requirements.
(1) Each cylinder must be marked with the following information:
(i) The DOT specification marking must appear first, followed
immediately by the service pressure. For example, DOT-3A1800.
(ii) The serial number must be placed just below or immediately
following the DOT specification marking.
(iii) A symbol (letters) must be placed just below, immediately
before or following the serial number. Other variations in sequence of
markings are authorized only when necessitated by a lack of space. The
symbol and numbers must be those of the manufacturer. The symbol must
be registered with the Associate Administrator; duplications are not
authorized.
(iv) The inspector's official mark and date of test (such as 5-95
for May 1995) must be placed near the serial number. This information
must be placed so that dates of subsequent tests can be easily added.
An example of the markings prescribed in this paragraph (f)(1) is as
follows:
DOT-3A1800
1234
XY
AB 5-95
Or;
DOT-3A1800-1234-XY
AB 5-95
Where:
DOT-3A=specification number
1800=service pressure
1234=serial number
xy=symbol of manufacturer
AB=inspector's mark
5-95=date of test
(2) Additional required marking must be applied to the cylinder as
follows:
(i) The word ``spun'' or ``plug'' must be placed near the DOT
specification marking when an end closure in the finished cylinder has
been welded by the spinning process, or effected by plugging.
(ii) As prescribed in specification 3HT (Sec. 178.44) or 3T
(Sec. 178.45), if applicable.
(3) Marking exceptions.
(i) A DOT 3E cylinder is not required to be marked with the
inspector mark.
(ii) An identifying lot number may be marked on the cylinder in
place of a serial number for cylinders not over 2 inches outside
diameter or for cylinders with a volumetric capacity not exceeding 60
cubic inches. Each lot shall not have over 500 cylinders.
(4) Unless otherwise specified in the applicable specification, the
markings on each cylinder must be stamped plainly and permanently on
the shoulder, top head, or neck.
(5) The size of each marking must be at least 0.25 inch or as space
permits.
(6) Other markings are authorized provided they are made in low
stress areas other than the side wall and are not of a size and depth
that will create harmful stress concentrations. Such marks may not
conflict with any DOT required markings.
(g) Inspector's report. Each inspector shall prepare a report
containing, at a minimum, the applicable information listed in CGA
Pamphlet C-11 or, until October 1, 1997, in accordance with the
applicable test report requirements of this subchapter in effect on
September 30, 1996. Any additional information or markings that are
required by the applicable specification must be shown on the test
report. The signature of the inspector on the reports certifies that
the processes of manufacture and heat treatment of cylinders were
observed and found satisfactory.
(h) Report retention. The manufacturer of the cylinders shall
retain the reports required by this subpart for 15 years from the
original test date of the cylinder.
Sec. 178.36 Specification 3A and 3AX seamless steel cylinders.
(a) Type size and service pressure. In addition to the requirements
of Sec. 178.35, cylinders must conform to the following:
(1) A DOT-3A cylinder is a seamless steel cylinder with a water
capacity (nominal) not over 1,000 pounds and a service pressure of at
least 150 pounds per square inch.
(2) A DOT-3AX is a seamless stainless steel cylinder with a water
capacity not less than 1,000 pounds and a service pressure of at least
500 pounds per square inch, conforming to the following requirements:
(i) Assuming the cylinder is to be supported horizontally at its
two ends only and to be uniformly loaded over its entire length
consisting of the weight per unit of length of the straight cylindrical
portion filled with water and compressed to the specified test
pressure; the sum of two times the maximum tensile stress in the bottom
fibers due to bending, plus that in the same fibers (longitudinal
stress), due to hydrostatic test may not exceed 80
[[Page 25944]]
percent of the minimum yield strength of the steel at such maximum
stress. Wall thickness must be increased when necessary to meet the
requirement.
(ii) To calculate the maximum longitudinal tensile stress due to
bending, the following formula must be used:
S=Mc/I
(iii) To calculate the maximum longitudinal tensile stress due to
hydrostatic test pressure, the following formula must be used:
S=A1P/A2
where:
S=tensile stress--p.s.i.;
M=bending moment-inch pounds--(wl2)/8;
w=weight per inch of cylinder filled with water;
l=length of cylinder-inches;
c=radius (D)/(2) of cylinder-inches;
I=moment of inertia--0.04909 (D4-d4) inches fourth;
D=outside diameter-inches;
d=inside diameter-inches;
A1=internal area in cross section of cylinder-square inches;
A2=area of metal in cross section of cylinder-square inches;
P=hydrostatic test pressure-p.s.i.
(b) Steel. Open-hearth or electric steel of uniform quality must be
used. Content percent may not exceed the following: Carbon, 0.55;
phosphorous, 0.045; sulphur, 0.050.
(c) Identification of material. Material must be identified by any
suitable method, except that plates and billets for hot-drawn 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. No fissure or other defect is
permitted that is likely to weaken the finished cylinder appreciably. A
reasonably smooth and uniform surface finish is required. If not
originally free from such defects, the surface may be machined or
otherwise treated to eliminate these defects. The thickness of the
bottoms of cylinders welded or formed by spinning is, under no
condition, to be less than two times the minimum wall thickness of the
cylindrical shell; such bottom thicknesses must be measured within an
area bounded by a line representing the points of contact between the
cylinder and floor when the cylinder is in a vertical position.
(e) Welding or brazing. Welding or brazing for any purpose
whatsoever is prohibited except as follows:
(1) Welding or brazing is authorized for the attachment of
neckrings and footrings which are non-pressure parts and only to the
tops and bottoms of cylinders having a service pressure of 500 pounds
per square inch or less. Cylinders, neckrings, and footrings must be
made of weldable steel, the carbon content of which may not exceed 0.25
percent except in the case of 4130X steel which may be used with proper
welding procedures.
(2) As permitted in paragraph (d) of this section.
(3) Cylinders used solely in anhydrous ammonia service may have a
\1/2\ inch diameter bar welded within their concave bottoms.
(f) Wall thickness. For cylinders with service pressure less than
900 pounds, the wall stress may not exceed 24,000 pounds per square
inch. A minimum wall thickness of 0.100 inch is required for any
cylinder over 5 inches outside diameter. Wall stress calculation must
be made by using the following formula:
S=[P(1.3D2+0.4d2)]/(D2-d2)
Where:
S=wall stress in pounds per square inch;
P=minimum test pressure prescribed for water jacket test or 450 pounds
per square inch whichever is the greater;
D=outside diameter in inches;
d=inside diameter in inches.
(g) Heat treatment. The completed cylinder must be uniformly and
properly heat-treated prior to tests.
(h) Openings in cylinders and connections (valves, fuse plugs,
etc.) for those openings. Threads are required on openings.
(1) Threads must be clean cut, even, without checks, and to gauge.
(2) Taper threads, when used, must be of length not less than as
specified for American Standard taper pipe threads.
(3) Straight threads having at least 6 engaged threads are
authorized. Straight threads must have a tight fit and calculated shear
strength of at least 10 times the test pressure of the cylinder.
Gaskets, adequate to prevent leakage, are required.
(i) Hydrostatic test. Each cylinder must successfully withstand a
hydrostatic test, as follows:
(1) The test must be by water-jacket, or other suitable methods,
operated so as to obtain accurate data. The pressure gauge must permit
reading to an accuracy of 1 percent. The expansion gauge must permit
reading of total expansion to an accuracy of either 1 percent or 0.1
cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to ensure complete expansion. Any internal pressure
applied after heat-treatment and previous to the official test may not
exceed 90 percent of the test pressure. If, due to failure of the test
apparatus the test pressure cannot be maintained the test may be
repeated at a pressure increased by 10 percent or 100 pounds per square
inch, whichever is the lower.
(3) Permanent, volumetric expansion may not exceed 10 percent of
the total volumetric expansion at test pressure.
(4) Each cylinder must be tested to at least \5/3\ times service
pressure.
(j) Flattening test. A flattening test must be performed on one
cylinder taken at random out or each lot of 200 or less, by placing the
cylinder between wedge shaped knife edges having a 60 deg. included
angle, rounded to \1/2\-inch radius. The longitudinal axis of the
cylinder must be at a 90-degree angle to knife edges during the test.
For lots of 30 or less, flattening tests are authorized to be made on a
ring at least 8 inches long cut from each cylinder and subjected to
same heat treatment as the finished cylinder.
(k) Physical test. A physical test must be conducted to determine
yield strength, tensile strength, elongation, and reduction of area of
material as follows:
(1) The test is required on 2 specimens cut from 1 cylinder taken
at random out of each lot of 200 or less. For lots of 30 or less,
physical tests are authorized to be made on a ring at least 8 inches
long cut from each cylinder and subjected to same heat treatment as the
finished cylinder.
(2) Specimens must conform to the following:
(i) Gauge length of 8 inches with a width of not over 1\1/2\
inches, a gauge length of 2 inches with a width of not over 1\1/2\
inches, or a gauge length of at least 24 times thickness with width not
over 6 times thickness is authorized when cylinder wall is not over \3/
16\ inch thick.
(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 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 so taken and prepared, the inspector's report must
show in connection with 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
[[Page 25945]]
gauge length. The following conditions apply:
(i) The yield strength must be determined by either the ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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
must be set while the specimen is under a stress of 12,000 pounds per
square inch 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) Acceptable results for physical and flattening tests. Either of
the following is an acceptable result:
(1) An elongation at least 40 percent for a 2-inch gauge length or
at least 20 percent in other cases and yield strength not over 73
percent of tensile strength. In this instance, the flattening test is
not required.
(2) An elongation at least 20 percent for a 2-inch gauge length or
10 percent in other cases and a yield strength not over 73 percent of
tensile strength. In this instance, the flattening test is required,
without cracking, to 6 times the wall thickness.
(m) Leakage test. All spun cylinders and plugged cylinders must be
tested for leakage by gas or air pressure after the bottom has been
cleaned and is free from all moisture subject to the following
conditions and limitations:
(1) Pressure, approximately the same as but no less than service
pressure, must be applied to one side of the finished bottom over an
area of at least \1/16\ of the total area of the bottom but not less
than \3/4\ inch in diameter, including the closure, for at least 1
minute, during which time the other side of the bottom exposed to
pressure must be covered with water and closely examined for
indications of leakage. Except as provided in paragraph (n) of this
section, a cylinder that is leaking must be rejected.
(2) A spun cylinder is one in which an end closure in the finished
cylinder has been welded by the spinning process.
(3) A plugged cylinder is one in which a permanent closure in the
bottom of a finished cylinder has been effected by a plug.
(4) As a safety precaution, if the manufacturer elects to make this
test before the hydrostatic test, the manufacturer should design the
test apparatus so that the pressure is applied to the smallest area
practicable, around the point of closure, and so as to use the smallest
possible volume of air or gas.
(n) Rejected cylinders. Reheat treatment is authorized for rejected
cylinders. Subsequent thereto, cylinders must pass all prescribed tests
to be acceptable. Repair by welding or spinning is not authorized. Spun
cylinders rejected under the provisions of paragraph (m) of this
section may be removed from the spun cylinder category by drilling to
remove defective material, tapping and plugging.
Sec. 178.37 Specification 3AA and 3AAX seamless steel cylinders.
(a) Type, size and service pressure. In addition to the
requirements of Sec. 178.35, cylinders must conform to the following:
(1) A DOT-3AA cylinder is a seamless steel cylinder with a water
capacity (nominal) of not over 1,000 pounds and a service pressure of
at least 150 pounds per square inch.
(2) A DOT-3AAX cylinder is a seamless steel cylinder with a water
capacity of not less than 1,000 pounds and a service pressure of at
least 500 pounds per square inch, conforming to the following
requirements:
(i) Assuming the cylinder is to be supported horizontally at its
two ends only and to be uniformly loaded over its entire length
consisting of the weight per unit of length of the straight cylindrical
portion filled with water and compressed to the specified test
pressure; the sum of two times the maximum tensile stress in the bottom
fibers due to bending, plus that in the same fibers (longitudinal
stress), due to hydrostatic test pressure may not exceed 80 percent of
the minimum yield strength of the steel at such maximum stress. Wall
thickness must be increased when necessary to meet the requirement.
(ii) To calculate the maximum tensile stress due to bending, the
following formula must be used:
S=Mc/I
(iii) To calculate the maximum longitudinal tensile stress due to
hydrostatic test pressure, the following formula must be used:
S=A\1\P/A\2\
Where:
S=tensile stress-p.s.i.;
M=bending moment-inch pounds (wl\2\)/8;
w=weight per inch of cylinder filled with water;
l=length of cylinder-inches;
c=radius (D)/(2) of cylinder-inches;
I=moment of inertia-0.04909 (D\4\-d\4\) inches fourth;
D=outside diameter-inches;
d=inside diameter-inches;
A\1\=internal area in cross section of cylinder-square inches;
A\2\=area of metal in cross section of cylinder-square inches;
P=hydrostatic test pressure-p.s.i.
(b) Authorized steel. Open-hearth, basic oxygen, or electric steel
of uniform quality must be used. A heat of steel made under the
specifications in Table 1 of this paragraph (b), check chemical
analysis of which is slightly out of the specified range, is
acceptable, if satisfactory in all other respects, provided the
tolerances shown in Table 2 of this paragraph (b) are not exceeded.
When a carbon-boron steel is used, a hardenability test must be
performed on the first and last ingot of each heat of steel. The
results of this test must be recorded on the Record of Chemical
Analysis of Material for Cylinders required by Sec. 178.35. This
hardness test must be made \5/16\-inch from the quenched end of the
Jominy quench bar and the hardness must be at least Rc 33 and no more
than Rc 53. The following chemical analyses are authorized:
Table 1.--Authorized Materials
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inter- mediate
Designation 4130X (percent) NE-8630 (percent) 9115 (percent) 9125 (percent) Carbon-boron manganese
(see Note 1) (see Note 1) (see Note 1) (see Note 1) (percent) (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Carbon.......................... 0.25/0.35......... 0.28/0.33......... 0.10/0.20......... 0.20/0.30......... 0.27-0.37......... 0.40 max.
[[Page 25946]]
Manganese....................... 0.40/0.90......... 0.70/0.90......... 0.50/0.75......... 0.50/0.75......... 0.80-1.40......... 1.35/1.65.
Phosphorus...................... 0.04 max.......... 0.04 max.......... 0.04 max.......... 0.04 max.......... 0.035 max......... 0.04 max.
Sulfur.......................... 0.05 max.......... 0.04 max.......... 0.04 max.......... 0.04 max.......... 0.045 max......... 0.05 max.
Silicon......................... 0.15/0.35......... 0.20/0.35......... 0.60/0.90......... 0.60/0.90......... 0.3 max........... 0.10/0.30.
Chromium........................ 0.80/1.10......... 0.40/0.60......... 0.50/0.65......... 0.50/0.65.
Molybdenum...................... 0.15/0.25......... 0.15/0.25
Zirconium....................... .................. .................. 0.05/0.15......... 0.05/0.15
Nickel.......................... .................. 0.40/0.70.........
Boron........................... .................. .................. .................. .................. 0.0005/0.003.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note 1: This designation may not be restrictive and the commercial steel is limited in analysis as shown in this Table.
Table 2.--Check Analysis Tolerances
----------------------------------------------------------------------------------------------------------------
Tolerance (percent) over
the maximum limit or
under the minimum limit
Element Limit or maximum specified (percent) -------------------------
Under Over
minimum maximum
limit limit
----------------------------------------------------------------------------------------------------------------
Carbon........................................ To 0.15 incl.......................... 0.02 0.03
Over 0.15 to 0.40 incl................ .03 .04
Manganese..................................... To 0.60 incl.......................... .03 .03
Over 0.60 to 1.15 incl................ 0.04 0.04
Over 1.15 to 2.50 incl................ 0.05 0.05
Phosphorus\1\................................. All ranges............................ ........... .01
Sulphur....................................... All ranges............................ ........... .01
Silicon....................................... To 0.30 incl.......................... .02 .03
Over 0.30 to 1.00 incl................ .05 .05
Nickel........................................ To 1.00 incl.......................... .03 .03
Chromium...................................... To 0.90 incl.......................... .03 .03
0.90 to 2.90 incl..................... .05 .05
Molybdenum.................................... To 0.20 incl.......................... .01 .01
Over 0.20 to 0.40..................... .02 .02
Zirconium..................................... All ranges............................ .01 .05
----------------------------------------------------------------------------------------------------------------
\1\ Rephosphorized steels not subject to check analysis for phosphorus.
(c) Identification of material. Material must be identified by any
suitable method except that plates and billets for hot-drawn 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. No fissure or other defects is
permitted that is likely to weaken the finished cylinder appreciably. A
reasonably smooth and uniform surface finish is required. If not
originally free from such defects, the surface may be machined or
otherwise treated to eliminate these defects. The thickness of the
bottoms of cylinders welded or formed by spinning is, under no
condition, to be less than two times the minimum wall thickness of the
cylindrical shell; such bottom thicknesses must be measured within an
area bounded by a line representing the points of contact between the
cylinder and floor when the cylinder is in a vertical position.
(e) Welding or brazing. Welding or brazing for any purpose
whatsoever is prohibited except as follows:
(1) Welding or brazing is authorized for the attachment of
neckrings and footrings which are non-pressure parts, and only to the
tops and bottoms of cylinders having a service pressure of 500 pounds
per square inch or less. Cylinders, neckrings, and footrings must be
made of weldable steel, the carbon content of which may not exceed 0.25
percent except in the case of 4130X steel which may be used with proper
welding procedure.
(2) As permitted in paragraph (d) of this section.
(f) Wall thickness. The thickness of each cylinder must conform to
the following:
(1) For cylinders with a service pressure of less than 900 pounds,
the wall stress may not exceed 24,000 pounds per square inch. A minimum
wall thickness of 0.100 inch is required for any cylinder with an
outside diameter of over 5 inches.
(2) For cylinders with service pressure of 900 p.s.i. or more the
minimum wall must be such that the wall stress at the minimum specified
test pressure may not exceed 67 percent of the minimum tensile strength
of the steel as determined from the physical tests required in
paragraphs (k) and (l) of this section and must be not over 70,000
p.s.i.
(3) Calculation must be made by the formula:
S=[P(1.3D2+0.4d2)]/(D2-d2)
Where:
S=wall stress in pounds per square inch;
P=minimum test pressure prescribed for water jacket test or 450 pounds
per square inch whichever is the greater;
D=outside diameter in inches;
d=inside diameter in inches.
(g) Heat treatment. The completed cylinders must be uniformly and
properly heat treated prior to tests. Heat treatment of cylinders of
the authorized analyses must be as follows:
[[Page 25947]]
(1) All cylinders must be quenched by oil, or other suitable medium
except as provided in paragraph (g)(5) of this section.
(2) The steel temperature on quenching must be that recommended for
the steel analysis, but may not exceed 1750 deg.F.
(3) All steels must be tempered at a temperature most suitable for
that steel.
(4) The minimum tempering temperature may not be less than 1000
deg.F except as noted in paragraph (1)(vi) of this section.
(5) Steel 4130X may be normalized at a temperature of 1650 deg.F
instead of being quenched and cylinders so normalized need not be
tempered.
(6) Intermediate manganese steels may be tempered at temperatures
not less than 1150 deg.F., and after heat treating each cylinder must
be submitted to a magnetic test to detect the presence of quenching
cracks. Cracked cylinders must be rejected and destroyed.
(7) Except as otherwise provided in paragraph (g)(6) of this
section, all cylinders, if water quenched or quenched with a liquid
producing a cooling rate in excess of 80 percent of the cooling rate of
water, must be inspected by the magnetic particle, dye penetrant or
ultrasonic method to detect the presence of quenching cracks. Any
cylinder designed to the requirements for specification 3AA and found
to have a quenching crack must be rejected and may not be requalified.
Cylinders designed to the requirements for specification 3AAX and found
to have cracks must have cracks removed to sound metal by mechanical
means. Such specification 3AAX cylinders will be acceptable if the
repaired area is subsequently examined to assure no defect, and it is
determined that design thickness requirements are met.
(h) Openings in cylinders and connections (valves, fuse plugs,
etc.) for those openings. Threads are required on openings.
(1) Threads must be clean cut, even, without checks, and to gauge.
(2) Taper threads, when used, must be of a length not less than as
specified for American Standard taper pipe threads.
(3) Straight threads having at least 6 engaged threads are
authorized. Straight threads must have a tight fit and a calculated
shear strength of at least 10 times the test pressure of the cylinder.
Gaskets, adequate to prevent leakage, are required.
(i) Hydrostatic test. Each cylinder must successfully withstand a
hydrostatic test as follows:
(1) The test must be by water-jacket, or other suitable method,
operated so as to obtain accurate data. The pressure gauge must permit
reading to an accuracy of 1 percent. The expansion gauge must permit
reading of total expansion to an accuracy of either 1 percent or 0.1
cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to ensure complete expansion. Any internal pressure
applied after heat-treatment and previous to the official test may not
exceed 90 percent of the test pressure. If, due to failure of the test
apparatus, the test pressure cannot be maintained, the test may be
repeated at a pressure increased by 10 percent or 100 pounds per square
inch, whichever is the lower.
(3) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
(4) Each cylinder must be tested to at least \5/3\ times the
service pressure.
(j) Flattening test. A flattening test must be performed on one
cylinder taken at random out of each lot of 200 or less, by placing the
cylinder between wedge shaped knife edges having a 60 deg. included
angle, rounded to \1/2\-inch radius. The longitudinal axis of the
cylinder must be at a 90-degree angle to knife edges during the test.
For lots of 30 or less, flattening tests are authorized to be made on a
ring at least 8 inches long cut from each cylinder and subjected to
same heat treatment as the finished cylinder.
(k) Physical test. A physical test must be conducted to determine
yield strength, tensile strength, elongation, and reduction of area of
material as follows:
(1) The test is required on 2 specimens cut from 1 cylinder taken
at random out of each lot of 200 or less. For lots of 30 or less,
physical tests are authorized to be made on a ring at least 8 inches
long cut from each cylinder and subjected to the same heat treatment as
the finished cylinder.
(2) Specimens must conform to the following:
(i) Gauge length of 8 inches with a width of not over 1\1/2\
inches, a gauge length of 2 inches with a width of not over 1\1/2\
inches, or a gauge length of at least 24 times the thickness with width
not over 6 times thickness when the thickness of the cylinder wall is
not over \3/16\ inch.
(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 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 so taken and prepared, the inspector's report must
show in connection with 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 ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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
must be set while the specimen is under a stress of 12,000 pounds per
square inch, the strain indicator reading being 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) Acceptable results for physical and flattening tests. An
acceptable result for physical and flattening tests is elongation at
least 20 percent for 2 inches of gauge length or at least 10 percent in
other cases. Flattening is required without cracking to 6 times the
wall thickness of the cylinder.
(m) Leakage test. All spun cylinders and plugged cylinders must be
tested for leakage by gas or air pressure after the bottom has been
cleaned and is free from all moisture. Pressure, approximately the same
as but no less than the service pressure, must be applied to one side
of the finished bottom over an area of at least \1/16\ of the total
area of the bottom but not less than \3/4\ inch in diameter, including
the closure, for at least one minute, during which time the other side
of the bottom exposed to pressure must be covered with water and
closely examined for indications of leakage. Except as provided in
paragraph (n) of this section, a cylinder must be rejected if there is
any leaking.
[[Page 25948]]
(1) A spun cylinder is one in which an end closure in the finished
cylinder has been welded by the spinning process.
(2) A plugged cylinder is one in which a permanent closure in the
bottom of a finished cylinder has been effected by a plug.
(3) As a safety precaution, if the manufacturer elects to make this
test before the hydrostatic test, the manufacturer should design the
test apparatus so that the pressure is applied to the smallest area
practicable, around the point of closure, and so as to use the smallest
possible volume of air or gas.
(n) Rejected cylinders. Reheat treatment is authorized for rejected
cylinders. Subsequent thereto, cylinders must pass all prescribed tests
to be acceptable. Repair by welding or spinning is not authorized. Spun
cylinders rejected under the provision of paragraph (m) of this section
may be removed from the spun cylinder category by drilling to remove
defective material, tapping and plugging.
Sec. 178.38 Specification 3B seamless steel cylinders.
(a) Type, size, and service pressure. A DOT 3B cylinder is seamless
steel cylinder with a water capacity (nominal) of not over 1,000 pounds
and a service pressure of at least 150 to not over 500 pounds per
square inch.
(b) Steel. Open-hearth or electric steel of uniform quality must be
used. Content percent may not exceed the following: carbon, 0.55;
phosphorus, 0.045; sulphur, 0.050.
(c) Identification of material. Material must be identified by any
suitable method except that plates and billets for hot-drawn 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. No fissure or other defect is
permitted that is likely to weaken the finished cylinder appreciably. A
reasonably smooth and uniform surface finish is required. If not
originally free from such defects, the surface may be machined or
otherwise treated to eliminate these defects. The thickness of the
bottoms of cylinders welded or formed by spinning is, under no
condition, to be less than two times the minimum wall thickness of the
cylindrical shell; such bottom thicknesses to be measured within an
area bounded by a line representing the points of contact between the
cylinder and floor when the cylinder is in a vertical position.
(e) Welding or brazing. Welding or brazing for any purpose
whatsoever is prohibited except as follows:
(1) Welding or brazing is authorized for the attachment of
neckrings and footrings which are non-pressure parts, and only to the
tops and bottoms of cylinders having a service pressure of 500 pounds
per square inch or less. Cylinders, neckrings, and footrings must be
made of weldable steel, carbon content of which may not exceed 0.25
percent except in the case of 4130X steel which may be used with proper
welding procedure.
(2) As permitted in paragraph (d) of this section.
(f) Wall thickness. The wall stress may not exceed 24,000 pounds
per square inch. The minimum wall thickness is 0.090 inch for any
cylinder with an outside diameter of 6 inches. Calculation must be made
by the following formula:
S=[P(1.3D\2\+0.4d\2\)]/(D\2\-d\2\)
Where:
S=wall stress in pounds per square inch;
P=at least two times service pressure or 450 pounds per square inch,
whichever is the greater;
D=outside diameter in inches;
d=inside diameter in inches.
(g) Heat treatment. The completed cylinders must be uniformly and
properly heat-treated prior to tests.
(h) Openings in cylinders and connections (valves, fuse plugs,
etc.) for those openings. Threads, conforming to the following, are
required on all openings:
(1) Threads must be clean cut, even, without checks, and to gauge.
(2) Taper threads when used, must be of a length not less than as
specified for American Standard taper pipe threads.
(3) Straight threads having at least 4 engaged threads are
authorized. Straight threads must have a tight fit, and calculated
shear strength at least 10 times the test pressure of the cylinder.
Gaskets, adequate to prevent leakage, are required.
(i) Hydrostatic test. Cylinders must successfully withstand a
hydrostatic test, as follows:
(1) The test must be by water-jacket, or other suitable method,
operated so as to obtain accurate data. The pressure gauge must permit
reading to an accuracy of 1 percent. The expansion gauge must permit
reading of total expansion to an accuracy either of 1 percent or 0.1
cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to insure complete expansion. Any internal pressure
applied after heat-treatment and previous to the official test may not
exceed 90 percent of the test pressure. If, due to failure of the test
apparatus, the test pressure cannot be maintained, the test may be
repeated at a pressure increased by 10 percent or 100 pounds per square
inch, whichever is the lower.
(3) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
(4) Cylinders must be tested as follows:
(i) Each cylinder; to at least 2 times service pressure; or
(ii) 1 cylinder out of each lot of 200 or less; to at least 3 times
service pressure. Others must be examined under pressure of 2 times
service pressure and show no defect.
(j) Flattening test. A flattening test must be performed on one
cylinder taken at random out or each lot of 200 or less, by placing the
cylinder between wedge shaped knife edges having a 60 deg. included
angle, rounded to \1/2\-inch radius. The longitudinal axis of the
cylinder must be at a 90-degree angle to knife edges during the test.
For lots of 30 or less, flattening tests are authorized to be made on a
ring at least 8 inches long cut from each cylinder and subjected to
same heat treatment as the finished cylinder.
(k) Physical test. A physical test must be conducted to determine
yield strength, tensile strength, elongation, and reduction of area of
material, as follows:
(1) The test is required on 2 specimens cut from 1 cylinder taken
at random out of each lot of 200 or less. For lots of 30 or less,
physical tests are authorized to be made on a ring at least 8 inches
long cut from each cylinder and subjected to same heat treatment as the
finished cylinder.
(2) Specimens must conform to the following:
(i) Gauge length of 8 inches with a width of not over 1\1/2\
inches; or a gauge length of 2 inches with a width of not over 1\1/2\
inches; or a gauge length at least 24 times the thickness with a width
not over 6 times thickness is authorized when a cylinder wall is not
over \3/16\ inch thick.
(ii) The specimen, exclusive of grip ends, may not be flattened.
Grip ends may be flattened to within one inch of each end of the
reduced section.
(iii) When size of 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 so taken and prepared, the inspector's report must
show in connection with record of
[[Page 25949]]
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 ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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
must be set while the specimen is under a stress of 12,000 pounds per
square inch, and the strain indicator reading being 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) Acceptable results for physical and flattening tests. Either of
the following is an acceptable result:
(1) An elongation of at least 40 percent for a 2-inch gauge length
or at least 20 percent in other cases and yield strength not over 73
percent of tensile strength. In this instance, the flattening test is
not required.
(2) An elongation of at least 20 percent for a 2-inch gauge length
or 10 percent in other cases and yield strength not over 73 percent of
tensile strength. Flattening is required, without cracking, to 6 times
the wall thickness.
(m) Leakage test. All spun cylinders and plugged cylinders must be
tested for leakage by gas or air pressure after the bottom has been
cleaned and is free from all moisture, subject to the following
conditions and limitations:
(1) Pressure, approximately the same as but no less than service
pressure, must be applied to one side of the finished bottom over an
area of at least \1/16\ of the total area of the bottom but not less
than \3/4\ inch in diameter, including the closure, for at least one
minute, during which time the other side of the bottom exposed to
pressure must be covered with water and closely examined for
indications of leakage. Except as provided in paragraph (n) of this
section, a cylinder must be rejected if there is any leaking.
(2) A spun cylinder is one in which an end closure in the finished
cylinder has been welded by the spinning process.
(3) A plugged cylinder is one in which a permanent closure in the
bottom of a finished cylinder has been effected by a plug.
(4) As a safety precaution, if the manufacturer elects to make this
test before the hydrostatic test, he should design his apparatus so
that the pressure is applied to the smallest area practicable, around
the point of closure, and so as to use the smallest possible volume of
air or gas.
(n) Rejected cylinders. Reheat treatment of rejected cylinders is
authorized. Subsequent thereto, cylinders must pass all prescribed
tests to be acceptable. Repair by welding or spinning is not
authorized. Spun cylinders rejected under the provisions of paragraph
(m) of this section may be removed from the spun cylinder category by
drilling to remove defective material, tapping and plugging.
(o) Marking. Markings may be stamped into the sidewalls of
cylinders having a service pressure of 150 psi if all of the following
conditions are met:
(1) Wall stress at test pressure may not exceed 24,000 psi.
(2) Minimum wall thickness must be not less than 0.090 inch.
(3) Depth of stamping must be no greater than 15 percent of the
minimum wall thickness, but may not exceed 0.015 inch.
(4) Maximum outside diameter of cylinder may not exceed 5 inches.
(5) Carbon content of cylinder may not exceed 0.25 percent. If the
carbon content exceeds 0.25 percent, the complete cylinder must be
normalized after stamping.
(6) Stamping must be adjacent to the top head.
Sec. 178.39 Specification 3BN seamless nickel cylinders.
(a) Type, size and service pressure. A DOT 3BN cylinder is a
seamless nickel cylinder with a water capacity (nominal) not over 125
pounds water capacity (nominal) and a service pressure at least 150 to
not over 500 pounds per square inch.
(b) Nickel. The percentage of nickel plus cobalt must be at least
99.0 percent.
(c) Identification of material. The material must be identified by
any suitable method except that plates and billets for hot-drawn
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. No defect is permitted that is likely
to weaken the finished cylinder appreciably. A reasonably smooth and
uniform surface finish is required. Cylinders closed in by spinning
process are not authorized.
(e) Welding or brazing. Welding or brazing for any purpose
whatsoever is prohibited except that welding is authorized for the
attachment of neckrings and footrings which are nonpressure parts, and
only to the tops and bottoms of cylinders. Neckrings and footrings must
be of weldable material, the carbon content of which may not exceed
0.25 percent. Nickel welding rod must be used.
(f) Wall thickness. The wall stress may not exceed 15,000 pounds
per square inch. A minimum wall thickness of 0.100 inch is required for
any cylinder over 5 inches in outside diameter. Wall stress calculation
must be made by using the following formula:
S=[P(1.3D\2\+0.4d\2\)]/(D\2\-d\2\)
Where:
S=wall stress in pounds per square inch;
P=minimum test pressure prescribed for water jacket test or 450 pounds
per square inch whichever is the greater;
D=outside diameter in inches;
d=inside diameter in inches.
(g) Heat treatment. The completed cylinders must be uniformly and
properly heat-treated prior to tests.
(h) Openings in cylinders and connections (valves, fuse plugs,
etc.) for those openings. Threads conforming to the following are
required on openings:
(1) Threads must be clean cut, even, without checks, and to gauge.
(2) Taper threads, when used, to be of length not less than as
specified for American Standard taper pipe threads.
(3) Straight threads having at least 6 engaged threads are
authorized. Straight threads must have a tight fit and a calculated
shear strength of at least 10 times the test pressure of the cylinder.
Gaskets, adequate to prevent leakage, are required.
(i) Hydrostatic test. Each cylinder must successfully withstand a
hydrostatic test, as follows:
(1) The test must be by water-jacket, or other suitable method,
operated so as to obtain accurate data. The pressure gauge must permit
reading to an accuracy of 1 percent. The expansion gauge must permit
reading of total expansion to an accuracy either of 1 percent or 0.1
cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer
[[Page 25950]]
to ensure complete expansion. Any internal pressure applied after heat-
treatment and previous to the official test may not exceed 90 percent
of the test pressure. If, due to failure of the test apparatus, the
test pressure cannot be maintained, the test may be repeated at a
pressure increased by 10 percent or 100 pounds per square inch,
whichever is the lower.
(3) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
(4) Each cylinder must be tested to at least 2 times service
pressure.
(j) Flattening test. A flattening test must be performed on one
cylinder taken at random out or each lot of 200 or less, by placing the
cylinder between wedge shaped knife edges having a 60 deg. included
angle, rounded to \1/2\-inch radius. The longitudinal axis of the
cylinder must be at a 90-degree angle to knife edges during the test.
For lots of 30 or less, flattening tests are authorized to be made on a
ring at least 8 inches long cut from each cylinder and subjected to
same heat treatment as the finished cylinder.
(k) Physical test. A physical test must be conducted to determine
yield strength, tensile strength, elongation, and reduction of area of
material, as follows:
(1) The test is required on 2 specimens cut from 1 cylinder taken
at random out of each lot of 200 or less. For lots of 30 or less,
physical tests are authorized to be made on a ring at least 8 inches
long cut from each cylinder and subjected to same heat treatment as the
finished cylinder.
(2) Specimens must conform to the following:
(i) A gauge length of 8 inches with a width of not over 1\1/2\
inches, a gauge length of 2 inches with a width of not over 1\1/2\
inches, or a gauge length of at least 24 times the thickness with a
width not over 6 times thickness is authorized when a cylinder wall is
not over \3/16\ inch thick.
(ii) The specimen, exclusive of grip ends, may not be flattened.
Grip ends may be flattened to within one inch of each end of the
reduced section.
(iii) When size of cylinder does not permit securing straight
specimens, the specimens may be taken in any location or direction and
may be straightened or flatt
FR Doc. 96-12029 Restructuring of Cylinder Specifications Requirements
ened cold, by pressure only, not by blows.
When specimens are so taken and prepared, the inspector's report must
show in connection with 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 ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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
must be set while the specimen is under a stress of 12,000 pounds per
square inch, 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) Acceptable results for physical and flattening tests. Either of
the following is an acceptable result:
(1) An elongation of at least 40 percent for a 2 inch gauge length
or at least 20 percent in other cases and yield point not over 50
percent of tensile strength. In this instance, the flattening test is
not required.
(2) An elongation of at least 20 percent for a 2 inch gauge length
or 10 percent in other cases and a yield point not over 50 percent of
tensile strength. Flattening is required, without cracking, to 6 times
the wall thickness.
(m) Rejected cylinders. Reheat treatment is authorized for rejected
cylinders. Subsequent thereto, cylinders must pass all prescribed tests
to be acceptable. Repair by welding is not authorized.
Sec. 178.42 Specification 3E seamless steel cylinders.
(a) Type, size, and service pressure. A DOT 3E cylinder is a
seamless steel cylinder with an outside diameter not greater than 2
inches nominal, a length less than 2 feet and a service pressure of
1,800 pounds per square inch.
(b) Steel. Open-hearth or electric steel of uniform quality must be
used. Content percent may not exceed the following: Carbon, 0.55;
phosphorus, 0.045; sulphur, 0.050.
(c) Identification of steel. Materials must be identified by any
suitable method.
(d) Manufacture. Cylinders must be manufactured by best appliances
and methods. No defect is permitted that is likely to weaken the
finished cylinder appreciably. A reasonably smooth and uniform surface
finish is required. The thickness of the spun bottom is, under no
condition, to be less than two times the minimum wall thickness of the
cylindrical shell; such bottom thickness must be measured within an
area bounded by a line representing the points of contact between the
cylinder and floor when the cylinder is in a vertical position.
(e) Openings in cylinders and connections (valves, fuse plugs,
etc.) for those openings. Threads conforming to the following are
required on openings.
(1) Threads must be clean cut, even, without checks, and to gauge.
(2) Taper threads, when used, must be of length not less than as
specified for American Standard taper pipe threads.
(3) Straight threads having at least 4 engaged threads are
authorized. Straight threads must have a tight fit and a calculated
shear strength of at least 10 times the test pressure of the cylinder.
Gaskets, adequate to prevent leakage, are required.
(f) Hydrostatic test. Cylinders must be tested as follows:
(1) One cylinder out of each lot of 500 or less must be subjected
to a hydrostatic pressure of 6,000 pounds per square inch or higher.
(2) The cylinder referred to in paragraph (f)(1) of this section
must burst at a pressure higher than 6,000 pounds per square inch
without fragmenting or otherwise showing lack of ductility, or must
hold a pressure of 12,000 pounds per square inch for 30 seconds without
bursting. In which case, it must be subjected to a flattening test
without cracking to six times wall thickness between knife edges, wedge
shaped 60 degree angle, rounded out to a \1/2\ inch radius. The
inspector's report must be suitably changed to show results of latter
alternate and flattening test.
(3) Other cylinders must be examined under pressure of at least
3,000 pounds per square inch and not to exceed 4,500 pounds per square
inch and show no defect. Cylinders tested at a pressure in excess of
3,600 pounds per square inch must burst at a pressure higher than 7,500
pounds per square inch when tested as specified in paragraph (f)(2) of
this section. The pressure must be maintained for at least 30 seconds
and
[[Page 25951]]
sufficiently longer to ensure complete examination.
(g) Leakage test. All spun cylinders and plugged cylinders must be
tested for leakage by gas or air pressure after the bottom has been
cleaned and is free from all moisture subject to the following
conditions and limitations:
(1) A pressure, approximately the same as but not less than the
service pressure, must be applied to one side of the finished bottom
over an area of at least \1/16\ of the total area of the bottom but not
less than \3/4\ inch in diameter, including the closure, for at least
one minute, during which time the other side of the bottom exposed to
pressure must be covered with water and closely examined for
indications of leakage. Accept as provided in paragraph (h) of this
section, a cylinder must be rejected if there is any leakage.
(2) A spun cylinder is one in which an end closure in the finished
cylinder has been welded by the spinning process.
(3) A plugged cylinder is one in which a permanent closure in the
bottom of a finished cylinder has been effected by a plug.
(4) As a safety precaution, if the manufacturer elects to make this
test before the hydrostatic test, the manufacturer shall design the
test apparatus so that the pressure is applied to the smallest area
practicable, around the point of closure, and so as to use the smallest
possible volume of air or gas.
(h) Rejected cylinders. Reheat treatment is authorized for rejected
cylinders. Subsequent thereto, cylinders must pass all prescribed tests
to be acceptable. Repair by welding or spinning is not authorized. Spun
cylinders rejected under the provisions of paragraph (g) of this
section may be removed from the spun cylinder category by drilling to
remove defective material, tapping and plugging.
(i) Marking. Markings required by Sec. 178.35 must be stamped
plainly and permanently on the shoulder, top head, neck or sidewall of
each cylinder.
Sec. 178.44 Specification 3HT seamless steel cylinders for aircraft
use.
(a) Type, size and service pressure. A DOT 3HT cylinder is a
seamless steel cylinder with a water capacity (nominal) of not over 150
pounds and a service pressure of at least 900 pounds per square inch.
(b) Authorized steel. Open hearth or electric furnace steel of
uniform quality must be used. A heat of steel made under the
specifications listed in Table 1 in this paragraph (b), check chemical
analysis of which is slightly out of the specified range, is
acceptable, if satisfactory in all other respects, provided the
tolerances shown in Table 2 in this paragraph (b) are not exceeded.
Grain size 6 or finer according to ASTM E 112. Steel of the following
chemical analysis is authorized:
Table 1.--Authorized Materials
------------------------------------------------------------------------
Designation AISI 4130 (percent)
------------------------------------------------------------------------
Carbon....................................... 0.28/0.33
Manganese.................................... 0.40/0.60
Phosphorus................................... 0.040 maximum
Sulfur....................................... 0.040 maximum
Silicon...................................... 0.15/0.35
Chromium..................................... 0.80/1.10
Molybdenum................................... 0.18/0.25
------------------------------------------------------------------------
Table 2.--Check Analysis Tolerances
----------------------------------------------------------------------------------------------------------------
Tolerance (percent) over
the maximum limit or
under the minimum limit
Element Limit or maximum specified (percent) -------------------------
Under Over
minimum maximum
limit limit
----------------------------------------------------------------------------------------------------------------
Carbon......................... Over 0.15 to 0.40 incl............................... .03 .04
Manganese...................... To 0.60 incl......................................... .03 .03
Phosphorus\1\.................. All ranges........................................... ........... .01
Sulphur........................ All ranges........................................... ........... .01
Silicon........................ To 0.30 incl......................................... .02 .03
Over 0.30 to 1.00 incl............................... .05 .05
Chromium....................... To 0.90 incl......................................... .03 .03
Over 0.90 to 2.10 incl............................... .05 .05
Molybdenum..................... To 0.20 incl......................................... .01 .01
Over 0.20 to 0.40 incl............................... .02 .02
----------------------------------------------------------------------------------------------------------------
\1\ Rephosphorized steels not subject to check analysis for phosphorus.
(c) Identification of material. Material must be identified by any
suitable method. Steel stamping of heat identifications may not be made
in any area which will eventually become the side wall of the cylinder.
Depth of stamping may not encroach upon the minimum prescribed wall
thickness of the cylinder.
(d) Manufacture. Cylinders must be manufactured using equipment and
processes adequate to ensure that each cylinder produced conforms to
the requirements of this subpart. No fissure or other defect is
permitted that is likely to weaken the finished container appreciably.
The general surface finish may not exceed a roughness of 250 RMS.
Individual irregularities such as draw marks, scratches, pits, etc.,
should be held to a minimum consistent with good high stress pressure
vessel manufacturing practices. If the cylinder is not originally free
of such defects or does not meet the finish requirements, the surface
may be machined or otherwise treated to eliminate these
[[Page 25952]]
defects. The point of closure of cylinders closed by spinning may not
be less than two times the prescribed wall thickness of the cylindrical
shell. The cylinder end contour must be hemispherical or ellipsoidal
with a ratio of major-to-minor axis not exceeding two to one and with
the concave side to pressure.
(e) Welding or brazing. Welding or brazing for any purpose
whatsoever is prohibited, except that welding by spinning is permitted
to close the bottom of spun cylinders. Machining or grinding to produce
proper surface finish at point of closure is required.
(f) Wall thickness. (1) Minimum wall thickness for any cylinder
must be 0.050 inch. The minimum wall thickness must be such that the
wall stress at the minimum specified test pressure may not exceed 75
percent of the minimum tensile strength of the steel as determined from
the physical tests required in paragraph (m) of this section and may
not be over 105,000 psi.
(2) Calculations must be made by the formula:
S=[P(1.3D\2\+0.4d\2\)]/(D\2\-d\2\)
Where:
S=Wall stress in pounds per square inch;
P=Minimum test pressure prescribed for water jacket test;
D=Outside diameter in inches;
d=Inside diameter in inches.
(3) Wall thickness of hemispherical bottoms only permitted to 90
percent of minimum wall thickness of cylinder sidewall but may not be
less than 0.050 inch. In all other cases, thickness to be no less than
prescribed minimum wall.
(g) Heat treatment. The completed cylinders must be uniformly and
properly heated prior to tests. Heat treatment of the cylinders of the
authorized analysis must be as follows:
(1) All cylinders must be quenched by oil, or other suitable
medium.
(2) The steel temperature on quenching must be that recommended for
the steel analysis, but may not exceed 1750 deg.F.
(3) The steel must be tempered at a temperature most suitable for
the particular steel analysis but not less than 850 deg.F.
(4) All cylinders must be inspected by the magnetic particle or dye
penetrant method to detect the presence of quenching cracks. Any
cylinder found to have a quenching crack must be rejected and may not
be requalified.
(h) Openings in cylinders and connections (valves, fuse plugs,
etc.) for those openings. Threads conforming to the following are
required on openings:
(1) Threads must be clean cut, even, without cracks, and to gauge.
(2) Taper threads, when used, must be of length not less than as
specified for National Gas Tapered Thread (NGT) as required by American
Standard Compressed Gas Cylinder Valve Outlet and Inlet Connections.
(3) Straight threads having at least 6 engaged threads are
authorized. Straight threads must have a tight fit and a calculated
shear stress of at least 10 times the test pressure of the cylinder.
Gaskets, adequate to prevent leakage, are required.
(i) Hydrostatic test. Each cylinder must withstand a hydrostatic
test, as follows:
(1) The test must be by water-jacket, or other suitable method,
operated so as to obtain accurate data. Pressure gauge must permit
reading to an accuracy of 1 percent. The expansion gauge must permit
reading of total expansion to an accuracy either of 1 percent of 0.1
cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to ensure complete expansion. Any internal pressure
applied after heat treatment and previous to the official test may not
exceed 90 percent of the test pressure. If, due to failure of the test
apparatus, the test pressure cannot be maintained, the test may be
repeated at a pressure increased by 10 percent or 100 pounds per square
inch, which ever is the lower.
(3) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
(4) Each cylinder must be tested to at least \5/3\ times service
pressure.
(j) Cycling tests. Prior to the initial shipment of any specific
cylinder design, cyclic pressurization tests must have been performed
on at least three representative samples without failure as follows:
(1) Pressurization must be performed hydrostatically between
approximately zero psig and the service pressure at a rate not in
excess of 10 cycles per minute. Adequate recording instrumentation must
be provided if equipment is to be left unattended for periods of time.
(2) Tests prescribed in paragraph (j)(1) of this section must be
repeated on one random sample out of each lot of cylinders. The
cylinder may then be subjected to a burst test.
(3) A lot is defined as a group of cylinders fabricated from the
same heat of steel, manufactured by the same process and heat treated
in the same equipment under the same conditions of time, temperature,
and atmosphere, and may not exceed a quantity of 200 cylinders.
(4) All cylinders used in cycling tests must be destroyed.
(k) Burst test. One cylinder taken at random out of each lot of
cylinders must be hydrostatically tested to destruction.
(l) Flattening test. A flattening test must be performed on one
cylinder taken at random out or each lot of 200 or less, by placing the
cylinder between wedge shaped knife edges having a 60 deg. included
angle, rounded to \1/2\-inch radius. The longitudinal axis of the
cylinder must be at a 90-degree angle to knife edges during the test.
For lots of 30 or less, flattening tests are authorized to be made on a
ring at least 8 inches long cut from each cylinder and subjected to
same heat treatment as the finished cylinder.
(m) Physical tests. A physical test must be conducted to determine
yield strength, tensile strength, elongation, and reduction of area of
material, as follows:
(1) Test is required on 2 specimens cut from 1 cylinder taken at
random out of each lot of cylinders.
(2) Specimens must conform to the following:
(i) A gauge length of at least 24 times the thickness with a width
not over six times the thickness. The specimen, exclusive of grip ends,
may not be flattened. Grip ends may be flattened to within one inch of
each end of the reduced section. When size of 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 so taken and prepared, the
inspector's report must show in connection with the record of physical
tests detailed information in regard to such specimens.
(ii) 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.
(i) The yield strength must be determined by either the ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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,
[[Page 25953]]
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
must be set while the specimen is under a stress of 12,000 pounds per
square inch, the strain indicator reading being 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.
(n) Magnetic particle inspection. Inspection must be performed on
the inside of each container before closing and externally on each
finished container after heat treatment. Evidence of discontinuities,
which in the opinion of a qualified inspector may appreciably weaken or
decrease the durability of the cylinder, must be cause for rejection.
(o) Leakage test. All spun cylinders and plugged cylinders must be
tested for leakage by dry gas or dry air pressure after the bottom has
been cleaned and is free from all moisture, subject to the following
conditions and limitations:
(1) Pressure, approximately the same as but not less than service
pressure, must be applied to one side of the finished bottom over an
area of at least \1/16\ of the total area of the bottom but not less
than \3/4\ inch in diameter, including the closure, for at least one
minute, during which time the other side of the bottom exposed to
pressure must be covered with water and closely examined for
indications of leakage. Except as provided in paragraph (q) of this
section, a cylinder must be rejected if there is leakage.
(2) A spun cylinder is one in which an end closure in the finished
cylinder has been welded by the spinning process.
(3) A plugged cylinder is one in which a permanent closure in the
bottom of a finished cylinder has been effected by a plug.
(4) As a safety precaution, if the manufacturer elects to make this
test before the hydrostatic test, the manufacturer should design the
test apparatus so that the pressure is applied to the smallest area
practicable, around the point of closure, and so as to use the smallest
possible volume of air or gas.
(p) Acceptable results of tests. Results of the flattening test,
physical tests, burst test, and cycling test must conform to the
following:
(1) Flattening required without cracking to ten times the wall
thickness of the cylinder.
(2) Physical tests:
(i) An elongation of at least 6 percent for a gauge length of 24
times the wall thickness.
(ii) The tensile strength may not exceed 165,000 p.s.i.
(3) The burst pressure must be at least \4/3\ times the test
pressure.
(4) Cycling-at least 10,000 pressurizations.
(q) Rejected cylinders. Reheat treatment is authorized for rejected
cylinders. Subsequent thereto, cylinders must pass all prescribed tests
to be acceptable. Repair by welding or spinning is not authorized. For
each cylinder subjected to reheat treatment during original
manufacture, sidewall measurements must be made to verify that the
minimum sidewall thickness meets specification requirements after the
final heat treatment.
(r) Marking. (1) Cylinders must be marked by low stress type steel
stamping in an area and to a depth which will insure that the wall
thickness measured from the root of the stamping to the interior
surface is equal to or greater than the minimum prescribed wall
thickness. Stamping must be permanent and legible. Stamping on side
wall not authorized.
(2) The rejection elastic expansion (REE), in cubic centimeters
(cc), must be marked on the cylinder near the date of test. The REE for
a cylinder is 1.05 times its original elastic expansion.
(3) Name plates are authorized, provided that they can be
permanently and securely attached to the cylinder. Attachment by either
brazing or welding is not permitted. Attachment by soldering is
permitted provided steel temperature does not exceed 500 deg.F.
(s) Inspector's report. In addition to the requirements of
Sec. 178.35, the inspector's report must indicate the rejection elastic
expansion (REE), in cubic centimeters (cc).
Sec. 178.45 Specification 3T seamless steel cylinder.
(a) Type, size, and service pressure. A DOT 3T cylinder is a
seamless steel cylinder with a minimum water capacity of 1,000 pounds
and a minimum service pressure of 1,800 p.s.i. Each cylinder must have
integrally formed heads concave to pressure at both ends. The inside
head shape must be hemispherical, ellipsoidal in which the major axis
is two times the minor axis, or a dished shape falling within these two
limits. Permanent closures formed by spinning are prohibited.
(b) Material, steel. Only open hearth, basic oxygen, or electric
furnace process steel of uniform quality is authorized. The steel
analysis must conform to the following:
Analysis Tolerances
------------------------------------------------------------------------
Check Analysis
Element Ladle analysis ---------------------
Under Over
------------------------------------------------------------------------
Carbon...................... 0.35 to 0.50........ 0.03 0.04
Manganese................... 0.75 to 1.05........ 0.04 0.04
Phosphorus (max)............ 0.035............... ......... 0.01
Sulphur (max)............... 0.04................ ......... 0.01
Silicon..................... 0.15 to 0.35........ 0.02 0.03
Chromium.................... 0.80 to 1.15........ 0.05 0.05
Molybdenum.................. 0.15 to 0.25........ 0.02 0.02
------------------------------------------------------------------------
(1) A heat of steel made under the specifications in the table in
this paragraph (b), the ladle analysis of which is slightly out of the
specified range, is acceptable if satisfactory in all other aspects.
However, the check analysis tolerances shown in the table in this
paragraph (b) may not be exceeded except as approved by the Department.
(2) Material with seams, cracks, laminations, or other injurious
defects is not permitted.
(3) Material used must be identified by any suitable method.
(c) Manufacture. General manufacturing requirements are as follows:
(1) Surface finish must be uniform and reasonably smooth.
(2) Inside surfaces must be clean, dry, and free of loose
particles.
[[Page 25954]]
(3) No defect of any kind is permitted if it is likely to weaken a
finished cylinder.
(4) If the cylinder surface is not originally free from the
defects, the surface may be machined or otherwise treated to eliminate
these defects provided the minimum wall thickness is maintained.
(5) Welding or brazing on a cylinder is not permitted.
(d) Wall thickness. The minimum wall thickness must be such that
the wall stress at the minimum specified test pressure does not exceed
67 percent of the minimum tensile strength of the steel as determined
by the physical tests required in paragraphs (j) and (k) of this
section. A wall stress of more than 90,500 p.s.i. is not permitted. The
minimum wall thickness for any cylinder may not be less than 0.225
inch.
(1) Calculation of the stress for cylinders must be made by the
following formula:
S=[P(1.3D2+0.4d2)]/(D2-d2)
Where:
S=Wall stress in pounds per square inch;
P=Minimum test pressure, at least \5/3\ service pressure;
D=Outside diameter in inches;
d=Inside diameter in inches.
(2) Each cylinder must meet the following additional requirement
which assumes a cylinder horizontally supported at its two ends and
uniformly loaded over its entire length. This load consists of the
weight per inch of length of the straight cylindrical portion filled
with water compressed to the specified test pressure. The wall
thickness must be increased when necessary to meet this additional
requirement:
(i) The sum of two times the maximum tensile stress in the bottom
fibers due to bending (see paragraph (d)(2)(ii) of this section), plus
the maximum tensile stress in the same fibers due to hydrostatic
testing (see paragraph (d)(2)(iii) of this section) may not exceed 80
percent of the minimum yield strength of the steel at this maximum
stress.
(ii) The following formula must be used to calculate the maximum
tensile stress due to bending:
S=Mc/I
Where:
S=Tensile stress in pounds per square inch;
M=Bending moment in inch-pounds (wl2/8);
I=Moment of inertia--0.04909 (D4-d4) in inches fourth;
c=Radius (D/2) of cylinder in inches;
w=Weight per inch of cylinder filled with water;
l=Length of cylinder in inches;
D=Outside diameter in inches;
d=Inside diameter in inches.
(iii) The following formula must be used to calculate the maximum
longitudinal tensile stress due to hydrostatic test pressure:
S=A1P/A2
Where:
S=Tensile stress in pounds per square inch;
A1=Internal area in cross section of cylinder in square inches;
P=Hydrostatic test pressure in pounds per square, inch;
A2=Area of metal in cross section of cylinder in square inches.
(e) Heat treatment. Each completed cylinder must be uniformly and
properly heat treated prior to testing, as follows:
(1) Each cylinder must be heated and held at the proper temperature
for at least one hour per inch of thickness based on the maximum
thickness of the cylinder and then quenched in a suitable liquid medium
having a cooling rate not in excess of 80 percent of water. The steel
temperature on quenching must be that recommended for the steel
analysis, but it must never exceed 1750 deg.F.
(2) After quenching, each cylinder must be reheated to a
temperature below the transformation range but not less than 1050
deg.F., and must be held at this temperature for at least one hour per
inch of thickness based on the maximum thickness of the cylinder. Each
cylinder must then be cooled under conditions recommended for the
steel.
(f) Openings. Openings in cylinders must comply with the following:
(1) Openings are permitted on heads only.
(2) The size of any centered opening in a head may not exceed one
half the outside diameter of the cylinder.
(3) Openings in a head must have ligaments between openings of at
least three times the average of their hole diameter. No off-center
opening may exceed 2.625 inches in diameter.
(4) All openings must be circular.
(5) All openings must be threaded. Threads must be in compliance
with the following:
(i) Each thread must be clean cut, even, without any checks, and to
gauge.
(ii) Taper threads, when used, must be the American Standard Pipe
thread (NPT) type and must be in compliance with the requirements of
NBS Handbook H-28, Part II, Section VII.
(iii) Taper threads conforming to National Gas Taper thread (NGT)
standards must be in compliance with the requirements of NBS Handbook
H-28, Part II, Sections VII and IX.
(iv) Straight threads conforming with National Gas Straight thread
(NGS) standards are authorized. These threads must be in compliance
with the requirements of NBS Handbook H-28, Part II, Sections VII and
IX.
(g) Hydrostatic test. Each cylinder must be tested at an internal
pressure by the water jacket method or other suitable method,
conforming to the following requirements:
(1) The testing apparatus must be operated in a manner that will
obtain accurate data. Any pressure gauge used must permit reading to an
accuracy of one percent. Any expansion gauge used must permit reading
of the total expansion to an accuracy of one percent.
(2) Any internal pressure applied to the cylinder after heat
treatment and before the official test may not exceed 90 percent of the
test pressure.
(3) The pressure must be maintained sufficiently long to assure
complete expansion of the cylinder. In no case may the pressure be held
less than 30 seconds.
(4) If, due to failure of the test apparatus, the required test
pressure cannot be maintained, the test must be repeated at a pressure
increased by 10 percent or 100 p.s.i., whichever is lower or, the
cylinder must be reheat treated.
(5) Permanent volumetric expansion of the cylinder may not exceed
10 percent of its total volumetric expansion at the required test
pressure.
(6) Each cylinder must be tested to at least \5/3\ times its
service pressure.
(h) Ultrasonic examination. After the hydrostatic test, the
cylindrical section of each vessel must be examined in accordance with
ASTM Standard A-388-67 using the angle beam technique. The equipment
used must be calibrated to detect a notch equal to five percent of the
design minimum wall thickness. Any discontinuity indication greater
than that produced by the five percent notch must be cause for
rejection of the cylinder unless the discontinuity is repaired within
the requirements of this specification.
(i) Basic requirements for tension and Charpy impact tests.
Cylinders must be subjected to a tension and Charpy impact as follows:
(1) When the cylinders are heat treated in a batch furnace, two
tension specimens and three Charpy impact specimens must be tested from
one of the cylinders or a test ring from each batch. The lot size
represented by these tests may not exceed 200 cylinders.
[[Page 25955]]
(2) When the cylinders are heat treated in a continuous furnace,
two tension specimens and three Charpy impact specimens must be tested
from one of the cylinders or a test ring from each four hours or less
of production. However, in no case may a test lot based on this
production period exceed 200 cylinders.
(3) Each specimen for the tension and Charpy impact tests must be
taken from the side wall of a cylinder or from a ring which has been
heat treated with the finished cylinders of which the specimens must be
representative. The axis of the specimens must be parallel to the axis
of the cylinder. Each cylinder or ring specimen for test must be of the
same diameter, thickness, and metal as the finished cylinders they
represent. A test ring must be at least 24 inches long with ends
covered during the heat treatment process so as to simulate the heat
treatment process of the finished cylinders it represents.
(4) A test cylinder or test ring need represent only one of the
heats in a furnace batch provided the other heats in the batch have
previously been tested and have passed the tests and that such tests do
not represent more than 200 cylinders from any one heat.
(5) The test results must conform to the requirements specified in
paragraphs (j) and (k) of this section.
(6) When the test results do not conform to the requirements
specified, the cylinders represented by the tests may be reheat treated
and the tests repeated. Paragraph (i)(5) of this section applies to any
retesting.
(j) Basic conditions for acceptable physical testing. The following
criteria must be followed to obtain acceptable physical test results:
(1) Each tension specimen must have a gauge length of two inches
with a width not exceeding one and one-half inches. Except for the grip
ends, the specimen may not be flattened. The grip ends may be flattened
to within one inch of each end of the reduced section.
(2) A specimen may not be heated after heat treatment specified in
paragraph (d) of this section.
(3) The yield strength in tension must be the stress corresponding
to a permanent strain of 0.2 percent of the gage length.
(i) This yield strength must be determined by the ``offset'' method
or the ``extension under load'' method described in ASTM Standard E8.
(ii) For 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 gage length under
appropriate load and adding thereto 0.2 percent of the gage length.
Elastic extension calculations must be based on an elastic modulus of
30,000,000. However, when the degree of accuracy of this method is
questionable 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
must be set with the specimen under a stress of 12,000 p.s.i. and the
strain indicator reading set at the calculated corresponding strain.
(iv) The cross-head speed of the testing machine may not exceed \1/
8\ inch per minute during the determination of yield strength.
(4) Each impact specimen must be Charpy V-notch type size 10 mm x
10 mm taken in accordance with paragraph 11 of ASTM Standard A-333-67.
When a reduced size specimen is used, it must be the largest size
obtainable.
(k) Acceptable physical test results. Results of physical tests
must conform to the following:
(1) The tensile strength may not exceed 155,000 p.s.i.
(2) The elongation must be at least 16 percent for a two-inch gage
length.
(3) The Charpy V-notch impact properties for the three impact
specimens which must be tested at 0 deg.F may not be less than the
values shown as follows:
------------------------------------------------------------------------
Average value for Minimum value (1
Size of specimen (mm) acceptance (3 specimen only of the
specimens) 3)
------------------------------------------------------------------------
10.0x10.0................... 25.0 ft. lbs........ 20.0 ft. lbs.
10.0x7.5.................... 21.0 ft. lbs........ 17.0 ft. lbs.
10.0x5.0.................... 17.0 ft. lbs........ 14.0 ft. lbs.
------------------------------------------------------------------------
(4) After the final heat treatment, each vessel must be hardness
tested on the cylindrical section. The tensile strength equivalent of
the hardness number obtained may not be more than 165,000 p.s.i. (Rc
36). When the result of a hardness test exceeds the maximum permitted,
two or more retests may be made; however, the hardness number obtained
in each retest may not exceed the maximum permitted.
(l) Rejected cylinders. Reheat treatment is authorized for rejected
cylinders. However, each reheat treated cylinder must subsequently pass
all the prescribed tests. Repair by welding is not authorized.
(m) Markings. Marking must be done by stamping into the metal of
the cylinder. All markings must be legible and located on a shoulder.
(n) Inspector's report. In addition to the requirements of
Sec. 178.35, the inspector's report for the physical test report, must
indicate the average value for three specimens and the minimum value
for one specimen for each lot number.
Sec. 178.46 Specification 3AL seamless aluminum cylinders.
(a) Size and service pressure. A DOT 3AL cylinder is a seamless
aluminum cylinder with a maximum water capacity of 1000 pounds and
minimum service pressure of 150 psig.
(b) Authorized material and identification of material. The
material of construction must meet the following conditions:
(1) Starting stock must be cast stock or traceable to cast stock.
(2) Material with seams, cracks, laminations, or other defects
likely to weaken the finished cylinder may not be used.
(3) Material must be identified by a suitable method that will
identify the alloy, the aluminum producer's cast number, the solution
heat treat batch number and the lot number.
(4) The material must be of uniform quality. Only the following
heat treatable aluminum alloys in Table 1 and 2 are permitted as
follows:
[[Page 25956]]
Table 1.--Chemical Composition Limits
[Chemical composition (in weight percent)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other \1\
Aluminum Assoc. alloy Si Fe Cu Mn Mg Cr Zn Ti Pb Bi -------------- A1
designation No. Each Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
6351........................... 0.7-1.3 0.50 0.10 0.40-0.80 0.40-0.80 ......... 0.20 0.20 0.01 0.01 0.05 0.15 Remainder.
6061........................... 0.40-0.80 0.70 0.15-0.40 0.15 0.80-1.20 0.04-0.35 0.25 0.15 0.01 0.01 0.05 0.15 Remainder.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Analysis is regularly made only for the elements for which specific limits are shown, except for unalloyed aluminum. If, however, the presence of
other elements is suspected to be, or in the course of routine analysis is indicated to be in excess of specified limits, further analysis is made to
determine that these other elements are not in excess of the amounts specified. (Aluminum Association Standards and Data.)
Table 2.--Mechanical Property Limits
----------------------------------------------------------------------------------------------------------------
Tensile strength--PSI
--------------------------------- Elongation--percent
Alloy and temper Yield-- minimum for 2'' or
Ultimate--minimum minimum 4D \1\ size
---------------------------------------------------------------------------------------------------specimen-----
6351-T6................................................... 42,000 37,000 \2\14
6061-T6................................................... 38,000 35,000 \2\14
----------------------------------------------------------------------------------------------------------------
\1\ ``D'' represents specimen diameters. When the cylinder wall is greater than \3/16\ inch thick, a retest
without reheat treatment using the 4D size specimen is authorized if the test using the 2 inch size specimen
fails to meet elongation requirements.
\2\ When cylinder wall is not over \3/16\-inch thick, 10 percent elongation is authorized when using a 24t x 6t
size test specimen.
(5) All starting stock must be 100 percent ultrasonically
inspected, along the length at right angles to the central axis from
two positions at 90 deg. to one another. The equipment and continuous
scanning procedure must be capable of detecting and rejecting internal
defects such as cracks which have an ultrasonic response greater than
that of a calibration block with a \5/64\-inch diameter flat bottomed
hole.
(6) Cast stock must have uniform equiaxed grain structure not to
exceed 500 microns maximum.
(7) Any starting stock not complying with the provisions of
paragraphs (b)(1) through (b)(6) of this section must be rejected.
(c) Manufacture. Cylinders must be manufactured in accordance with
the following requirements:
(1) Cylinder shells must be manufactured by the backward extrusion
method and have a cleanliness level adequate to ensure proper
inspection. No fissure or other defect is acceptable that is likely to
weaken the finished cylinder below the design strength requirements. A
reasonably smooth and uniform surface finish is required. If not
originally free from such defects, the surface may be machined or
otherwise conditioned to eliminate these defects.
(2) Thickness of the cylinder base may not be less than the
prescribed minimum wall thickness of the cylindrical shell. The
cylinder base must have a basic torispherical, hemispherical, or
ellipsoidal interior base configuration where the dish radius is no
greater than 1.2 times the inside diameter of the shell. The knuckle
radius may not be less than 12 percent of the inside diameter of the
shell. The interior base contour may deviate from the true
torispherical, hemispherical or ellipsoidal configuration provided
that--
(i) Any areas of deviation are accompanied by an increase in base
thickness;
(ii) All radii of merging surfaces are equal to or greater than the
knuckle radius;
(iii) Each design has been qualified by successfully passing the
cycling tests in this paragraph (c); and
(iv) Detailed specifications of the base design are available to
the inspector.
(3) For free standing cylinders, the base thickness must be at
least two times the minimum wall thickness along the line of contact
between the cylinder base and the floor when the cylinders are in the
vertical position.
(4) Welding or brazing is prohibited.
(5) Each new design and any significant change to any acceptable
design must be qualified for production by testing prototype samples as
follows:
(i) Three samples must be subjected to 100,000 pressure reversal
cycles between zero and service pressure or 10,000 pressure reversal
cycles between zero and test pressure, at a rate not in excess of 10
cycles per minute without failure.
(ii) Three samples must be pressurized to destruction and failure
may not occur at less than 2.5 times the marked cylinder service
pressure. Each cylinder must remain in one piece. Failure must initiate
in the cylinder sidewall in a longitudinal direction. Rate of
pressurization may not exceed 200 psi per second.
(6) In this specification ``significant change'' means a 10 percent
or greater change in cylinder wall thickness, service pressure, or
diameter; a 30 percent or greater change in water capacity or base
thickness; any change in material; over 100 percent increase in size of
openings; or any change in the number of openings.
(d) Wall thickness. The minimum wall thickness must be such that
the wall stress at the minimum specified test pressure will not exceed
80 percent of the minimum yield strength nor exceed 67 percent of the
minimum ultimate tensile strength as verified by physical tests in
paragraph (i) of this section. The minimum wall thickness for any
cylinder with an outside diameter greater than 5 inches must be 0.125
inch. Calculations must be made by the following formula:
S=[P(1.3D\2\+0.4d\2\)]/(D\2\-d\2\)
Where:
S=Wall stress in pounds per square inch;
P=Prescribed minimum test pressure in pounds per square inch (see
paragraph (g) of this section);
D=Outside diameter in inches; and
d=Inside diameter in inches.
(e) Openings. Openings must comply with the following requirements:
(1) Openings are permitted in heads only.
(2) The size of any centered opening in a head may not exceed one-
half the outside diameter of the cylinder.
(3) Other openings are permitted in the head of a cylinder if:
(i) Each opening does not exceed 2.625 inches in diameter, or one-
half the outside diameter of the cylinder; whichever is less;
[[Page 25957]]
(ii) Each opening is separated from each other by a ligament; and
(iii) Each ligament which separates two openings must be at least
three times the average of the diameters of the two openings.
(4) All openings must be circular.
(5) All openings must be threaded. Threads must comply with the
following:
(i) Each thread must be clean cut, even, without checks, and to
gauge.
(ii) Taper threads, when used, must conform to one of the
following:
(A) American Standard Pipe Thread (NPT) type, conforming to the
requirements of Federal Standard H-28, Section 7;
(B) National Gas Taper Thread (NGT) type, conforming to the
requirements of Federal Standard H-28, Sections 7 and 9; or
(C) Other taper threads conforming to other standards may be used
provided the length is not less than that specified for NPT threads.
(iii) Straight threads, when used, must conform to one of the
following:
(A) National Gas Straight Thread (NGS) type, conforming to the
requirements of Federal Standard H-28, Sections 7 and 9;
(B) Unified Thread (UN) type, conforming to the requirements of
Federal Standard H-28, Section 2;
(C) Controlled Radius Root Thread (UN) type, conforming to the
requirements of Federal Standard H-28, Section 4; or
(D) Other straight threads conforming to other recognized standards
may be used provided that the requirements in paragraph (e)(5)(iv) of
this section are met.
(iv) All straight threads must have at least 6 engaged threads, a
tight fit, and a factor of safety in shear of at least 10 at the test
pressure of the cylinder. Shear stress must be calculated by using the
appropriate thread shear area in accordance with Federal Standard H-28,
Appendix A5, Section 3.
(f) Heat treatment. Prior to any test, all cylinders must be
subjected to a solution heat treatment and aging treatment appropriate
for the aluminum alloy used.
(g) Hydrostatic test. Each cylinder must be subjected to an
internal test pressure using the water jacket equipment and method or
other suitable equipment and method and comply with the following
requirements:
(1) The testing apparatus must be operated in a manner so as to
obtain accurate data. The pressure gauge used must permit reading to an
accuracy of one percent. The expansion gauge must permit reading the
total expansion to an accuracy of either one percent or 0.1 cubic
centimeter.
(2) The test pressure must be maintained for a sufficient period of
time to assure complete expansion of the cylinder. In no case may the
pressure be held less than 30 seconds. If, due to failure of the test
apparatus, the required test pressure cannot be maintained, the test
may be repeated at a pressure increased by 10 percent or 100 psi,
whichever is lower. If the test apparatus again fails to maintain the
test pressure, the cylinder being tested must be rejected. Any internal
pressure applied to the cylinder before any official test may not
exceed 90 percent of the test pressure.
(3) The minimum test pressure is the greatest of the following:
(i) 450 psi regardless of service pressure;
(ii) Two times the service pressure for cylinders having service
pressure less than 500 psi; or
(iii) Five-thirds times the service pressure for cylinders having a
service pressure of at least 500 psi.
(4) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
(h) Flattening test. One cylinder taken at random out of each lot
must be subjected to a flattening test as follows:
(1) The test must be between knife edges, wedge shaped, having a
60 deg. included angle, and rounded in accordance with the following
table. The longitudinal axis of the cylinder must be at an angle
90 deg. to the knife edges during the test. The flattening test table
is as follows:
Table 3.--Flattening Test Table
------------------------------------------------------------------------
Radius
Cylinder wall thickness in inches in
inches
------------------------------------------------------------------------
Under .150.................................................... .500
.150 to .249.................................................. .875
.250 to .349.................................................. 1.500
.350 to .449.................................................. 2.125
.450 to .549.................................................. 2.750
.550 to .649.................................................. 3.500
.650 to .749.................................................. 4.125
------------------------------------------------------------------------
(2) An alternate bend test in accordance with ASTM E 290 using a
mandrel diameter not more than 6 times the wall thickness is authorized
to qualify lots that fail the flattening test of this section without
reheat treatment. If used, this test must be performed on two samples
from one cylinder taken at random out of each lot of 200 cylinders or
less.
(3) Each test cylinder must withstand flattening to nine times the
wall thickness without cracking. When the alternate bend test is used,
the test specimens must remain uncracked when bent inward around a
mandrel in the direction of curvature of the cylinder wall until the
interior edges are at a distance apart not greater than the diameter of
the mandrel.
(i) Mechanical properties test. Two test specimens cut from one
cylinder representing each lot of 200 cylinders or less must be
subjected to the mechanical properties test, as follows:
(1) The results of the test must conform to at least the minimum
acceptable mechanical property limits for aluminum alloys as specified
in paragraph (b) of this section.
(2) Specimens must be 4D bar or gauge length 2 inches with width
not over 1\1/2\ inch taken in the direction of extrusion approximately
180 deg. from each other; provided that gauge length at least 24 times
thickness with width not over 6 times thickness is authorized, when
cylinder wall is not over \3/16\ inch thick. The specimen, exclusive of
grip ends, may not be flattened. Grip ends may be flattened to within
one inch of each end of the reduced section. When the 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 such specimens are
used, the inspector's report must show that the specimens were so taken
and prepared. Heating of specimens for any purpose is forbidden.
(3) The yield strength in tension must be the stress corresponding
to a permanent strain of 0.2 percent of the gauge length.
(i) The yield strength must be determined by either the ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard B-557.
(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
10,000,000 psi. 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
must be set while the specimen is under a stress of 6,000 psi, the
strain indicator reading
[[Page 25958]]
being 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.
(j) Rejected cylinder. Reheat treatment of rejected cylinders is
authorized one time. Subsequent thereto, cylinders must pass all
prescribed tests to be acceptable.
(k) Duties of inspector. In addition to the requirements of
Sec. 178.35, the inspector shall:
(1) Verify compliance with the provisions of paragraph (b) of this
section by:
(i) Performing or witnessing the performance of the chemical
analyses on each melt or cast lot or other unit of starting material;
or
(ii) Obtaining a certified chemical analysis from the material or
cylinder manufacturer for each melt, or cast of material; or
(iii) Obtaining a certified check analysis on one cylinder out of
each lot of 200 cylinders or less, if a certificate containing data to
indicate compliance with the material specification is obtained.
(2) The inspector shall verify ultrasonic inspection of all
material by inspection or by obtaining the material producer's
certificate of ultrasonic inspection. Ultrasonic inspection must be
performed or verified as having been performed in accordance with
paragraph (c) of this section.
(3) The inspector must also determine that each cylinder complies
with this specification by:
(i) Selecting the samples for check analyses performed by other
than the material producer;
(ii) Verifying that the prescribed minimum thickness was met by
measuring or witnessing the measurement of the wall thickness; and
(iii) Verifying that the identification of material is proper.
(4) Prior to initial production of any design or design change,
verify that the design qualification tests prescribed in paragraph
(c)(6) of this section have been performed with acceptable results.
(l) Definitions. (1) In this specification, a ``lot'' means a group
of cylinders successively produced having the same:
(i) Size and configuration;
(ii) Specified material of construction;
(iii) Process of manufacture and heat treatment;
(iv) Equipment of manufacture and heat treatment; and
(v) Conditions of time, temperature and atmosphere during heat
treatment.
(2) In no case may the lot size exceed 200 cylinders, but any
cylinder processed for use in the required destructive physical testing
need not be counted as being one of the 200.
(m) Inspector's report. In addition to the information required by
Sec. 178.35, the record of chemical analyses must also include the
alloy designation, and applicable information on iron, titanium, zinc,
magnesium and any other applicable element used in the construction of
the cylinder.
Sec. 178.47 Specification 4DS welded stainless steel cylinders for
aircraft use.
(a) Type, size, and service pressure. A DOT 4DS cylinder is either
a welded stainless steel sphere (two seamless hemispheres) or
circumferreentially welded cylinder both with a water capacity of not
over 100 pounds and a service pressure of at least 500 but not over 900
pounds per square inch.
(b) Steel. Types 304, 321 and 347 stainless steel are authorized
with proper welding procedure. A heat of steel made under the
specifications in Table 1 in this paragraph (b), check chemical
analysis of which is slightly out of the specified range, is
acceptable, if satisfactory in all other respects, provided the
tolerances shown in Table 2 in this paragraph (b) are not exceeded,
except as approved by Associate Administrator. The following chemical
analyses are authorized:
Table 1.--Authorized Materials
----------------------------------------------------------------------------------------------------------------
Stainless steels
----------------------------------------------------------------------------
304 (percent) 321 (percent) 347 (percent)
----------------------------------------------------------------------------------------------------------------
Carbon (max)....................... 0.08 0.08 0.08
Manganese (max).................... 2.00 2.00 2.00
Phosphorus (max)................... .030 .030 .030
Sulphur (max)...................... .030 .030 .030
Silicon (max)...................... .75 .75 .75
Nickel............................. 8.0/11.0 9.0/13.0 9.0/13.0
Chromium........................... 18.0/20.0 17.0/20.0 17.0/20.0
Molybdenum
Titanium........................... .......................... (\1\)
Columbium.......................... .......................... .......................... (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ Titanium may not be more than 5C and not more than 0.60%.
\2\ Columbium may not be less than 10C and not more than 1.0%.
Table 2.--Check Analysis Tolerances
----------------------------------------------------------------------------------------------------------------
Tolerance (percent) over
the maximum limit or
under the minimum limit
Element Limit or maximum specified (percent) -------------------------
Under Over
minimum maximum
limit limit
----------------------------------------------------------------------------------------------------------------
Carbon......................... To 0.15 incl......................................... 0.01 0.01
Manganese...................... Over 1.15 to 2.50 incl............................... 0.05 0.05
Phosphorus\1\.................. All ranges........................................... ........... .01
Sulphur........................ All ranges........................................... ........... .01
Silicon........................ Over 0.30 to 1.00 incl............................... .05 .05
Nickel......................... Over 5.30 to 10.00 incl.............................. .10 .10
Over 10.00 to 14.00 incl............................. .15 .15
[[Page 25959]]
Chromium....................... Over 15.00 to 20.00 incl............................. .20 .20
Titanium....................... All ranges........................................... .05 .05
Columbium...................... All ranges........................................... .05 .05
----------------------------------------------------------------------------------------------------------------
\1\Rephosphorized steels not subject to check analysis for phosphorus.
(c) Identification of material. Materials must be identified by any
suitable method.
(d) Manufacture. Cylinders must be manufactured using equipment and
processes adequate to ensure that each cylinder produced conforms to
the requirements of this subpart. No defect is permitted that is likely
to weaken the finished cylinder appreciably, a reasonably smooth and
uniform surface finish is required. No abrupt change in wall thickness
is permitted. Welding procedures and operators must be qualified in
accordance with CGA Pamphlet C-3. All seams of the sphere or cylinder
must be fusion welded. Seams must be of the butt type and means must be
provided for accomplishing complete penetration of the joint.
(e) Attachments. Attachments to the container are authorized by
fusion welding provided that such attachments are made of weldable
stainless steel in accordance with paragraph (b) of this section.
(f) Wall thickness. The minimum wall thickness must be such that
the wall stress at the minimum specified test pressure may not be over
60,000 psi. A minimum wall thickness of 0.040 inch is required for any
diameter container. Calculations must be made by the following
formulas:
(1) Calculation for sphere must be made by the formula:
S=PD/4tE
Where:
S=Wall stress in pounds per square inch;
P=Test pressure prescribed for water jacket test, i.e., at least two
times service pressure, in pounds per square inch;
D=Outside diameter in inches;
t=Minimum wall thickness in inches;
E=0.85 (provides 85 percent weld efficiency factor which must be
applied in the girth weld area and heat zones which zone must extend a
distance of 6 times wall thickness from center of weld); E=1.0 (for all
other areas).
(2) Calculation for a cylinder must be made by the formula:
S=[P(1.3D2+0.4d2)]/(D2-d2)
Where:
S=Wall stress in pounds per square inch;
P=Test pressure prescribed for water jacket test, i.e., at least two
times service pressure, in pounds per square inch;
D=Outside diameter in inches;
d=Inside diameter in inches.
(g) Heat treatment. The seamless hemispheres and cylinders may be
stress relieved or annealed for forming. Welded container must be
stress relieved at a temperature of 775 deg. F +/- 25 deg. after
process treatment and before hydrostatic test.
(h) Openings in container. Openings must comply with the following:
(1) Each opening in the container must be provided with a fitting,
boss or pad of weldable stainless steel securely attached to the
container by fusion welding.
(2) Attachments to a fitting, boss, or pad must be adequate to
prevent leakage. Threads must comply with the following:
(i) Threads must be clean cut, even, without checks, and tapped to
gauge.
(ii) Taper threads to be of length not less than as specified for
American Standard taper pipe threads.
(iii) Straight threads having at least 4 engaged threads, to have
tight fit and calculated shear strength at least 10 times the test
pressure of the container; gaskets required, adequate to prevent
leakage.
(i) Process treatment. Each container must be hydraulically
pressurized in a water jacket to at least 100 percent, but not more
than 110 percent, of the test pressure and maintained at this pressure
for a minimum of 3 minutes. Total and permanent expansion must be
recorded and included in the inspector's report.
(j) Hydrostatic test. Each cylinder must successfully withstand a
hydrostatic test as follows:
(1) The test must be by water-jacket, operated so as to obtain
accurate data. The pressure gauge must permit reading to an accuracy of
1 percent. The expansion gauge must permit reading of total expansion
to an accuracy either of 1 percent or 0.1 cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to ensure complete expansion. If, due to failure of
the test apparatus, the test pressure cannot be maintained, the test
may be repeated at a pressure increased by 10 percent or 100 pounds per
square inch, whichever is the lower.
(3) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
(4) Each container must be tested to at least 2 times service
pressure.
(5) Container must then be inspected. Any wall thickness lower than
that required by paragraph (f) of this section must be cause for
rejection. Bulges and cracks must be cause for rejection. Welded joint
defects exceeding requirements of paragraph (k) of this section must be
cause for rejection.
(k) Radiographic inspection. Radiographic inspection is required on
all welded joints which are subjected to internal pressure, except that
at the discretion of the disinterested inspector, openings less than 25
percent of the container diameter need not be subjected to radiographic
inspection. Evidence of any defects likely to seriously weaken the
container is cause for rejection. Radiographic inspection must be
performed subsequent to the hydrostatic test.
(l) Burst test. One container taken at random out of 200 or less
must be hydrostatically tested to destruction. Rupture pressure must be
included as part of the inspector's report.
(m) Flattening test. A flattening test must be performed as
follows:
(1) For spheres the test must be at the weld between parallel steel
plates on a press with welded seam at right angles to the plates. Test
one sphere taken at random out of each lot of 200 or less after the
hydrostatic test. Any projecting appurtenances may be cut off (by
mechanical means only) prior to crushing.
[[Page 25960]]
(2) For cylinders the test must be between knife edges, wedge
shaped, 60 deg. angle, rounded to \1/2\-inch radius. Test one cylinder
taken at random out of each lot of 200 or less, after the hydrostatic
test.
(n) Acceptable results for flattening and burst tests. Acceptable
results for flattening and burst tests are as follows:
(1) Flattening required to 50 percent of the original outside
diameter without cracking.
(2) Burst pressure must be at least 3 times the service pressure.
(o) Rejected containers. Repair of welded seams by welding prior to
process treatment is authorized. Subsequent thereto, containers must be
heat treated and pass all prescribed tests.
(p) Duties of inspector. In addition to the requirements of
Sec. 178.35, the inspector must verify that all tests are conducted at
temperatures between 60 deg.F and 90 deg.F.
(q) Marking. Markings must be stamped plainly and permanently on a
permanent attachment or on a metal nameplate permanently secured to the
container by means other than soft solder.
Sec. 178.50 Specification 4B welded or brazed steel cylinders.
(a) Type, size, and service pressure. A DOT 4B is a welded or
brazed steel cylinder with longitudinal seams that are forged lap-
welded or brazed and with water capacity (nominal) not over 1,000
pounds and a service pressure of at least 150 but not over 500 pounds
per square inch. Cylinders closed in by spinning process are not
authorized.
(b) Steel. Open-hearth, electric or basic oxygen process steel of
uniform quality must be used. Content percent may not exceed the
following: Carbon, 0.25; phosphorus, 0.045; sulphur, 0.050.
(c) Identification of material. Material must be identified by any
suitable method except that 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. No defect is permitted that is likely
to weaken the finished cylinder appreciably. A reasonably smooth and
uniform surface finish is required. Exposed bottom welds on cylinders
over 18 inch long must be protected by footrings. Welding procedures
and operators must be qualified in accordance with CGA Pamphlet C-3.
Seams must be made as follows:
(1) Welded or brazed circumferential seams. Heads attached by
brazing must have a driving fit with the shell, unless the shell is
crimped, swedged, or curled over the skirt or flange of the head, and
be thoroughly brazed until complete penetration by the brazing material
of the brazed joint is secured. Depth of brazing from end of shell must
be at least four times the thickness of shell metal.
(2) Longitudinal seams in shells. Longitudinal seams must be forged
lap welded, by copper brazing, by copper alloy brazing, or by silver
alloy brazing. Copper alloy composition must be: Copper, 95 percent
minimum; Silicon, 1.5 percent to 3.85 percent; Manganese, 0.25 percent
to 1.10 percent. The melting point of the silver alloy brazing material
must be in excess of 1000 deg. F. When brazed, the plate edge must be
lapped at least eight times the thickness of plate, laps being held in
position, substantially metal to metal, by riveting or electric spot-
welding; brazing must be done by using a suitable flux and by placing
brazing material on one side of seam and applying heat until this
material shows uniformly along the seam of the other side.
(e) Welding or brazing. Only the attachment of neckrings,
footrings, handles, bosses, pads, and valve protection rings to the
tops and bottoms of cylinders by welding or brazing is authorized. Such
attachments and the portion of the container to which they are attached
must be made of weldable steel, the carbon content of which may not
exceed 0.25 percent except in the case of 4130X steel which may be used
with proper welding procedure.
(f) Wall thickness. The wall thickness of the cylinder must comply
with the following requirements:
(1) For cylinders with outside diameters over 6 inches the minimum
wall thickness must be 0.090 inch. In any case, the minimum wall
thickness must be such that calculated wall stress at minimum test
pressure (paragraph (i)(4) of this section) may not exceed the
following values:
(i) 24,000 pounds per square inch for cylinders without
longitudinal seam.
(ii) 22,800 pounds per square inch for cylinders having copper
brazed or silver alloy brazed longitudinal seam.
(iii) 18,000 pounds per square inch for cylinders having forged
lapped welded longitudinal seam.
(2) Calculation must be made by the formula:
S=[P(1.3D2+0.4d2)]/(D2-d2)
Where:
S=wall stress in poun
FR Doc. 96-12029 Restructuring of Cylinder Specifications Requirements
ds per square inch;
P=minimum test pressure prescribed for water jacket test or 450 pounds
per square inch whichever is the greater;
D=outside diameter in inches;
d=inside diameter in inches.
(g) Heat treatment. Cylinder body and heads, formed by drawing or
pressing, must be uniformly and properly heat treated prior to tests.
(h) Opening in cylinders. Openings in cylinders must conform to the
following:
(1) Each opening in cylinders, except those for safety devices,
must be provided with a fitting, boss, or pad, securely attached to
cylinder by brazing or by welding or by threads. Fitting, boss, or pad
must be of steel suitable for the method of attachment employed, and
which need not be identified or verified as to analysis except that if
attachment is by welding, carbon content may not exceed 0.25 percent.
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 to be of length not less than as specified for
American Standard taper pipe threads.
(iii) Straight threads, having at least 4 engaged threads, to have
tight fit and calculated shear strength at least 10 times the test
pressure of the cylinder; gaskets required, adequate to prevent
leakage.
(iv) A brass fitting may be brazed to the steel boss or flange on
cylinders used as component parts of hand fire extinguishers.
(2) The closure of a fitting, boss, or pad must be adequate to
prevent leakage.
(i) Hydrostatic test. Each cylinder must withstand a hydrostatic
test as follows:
(1) The test must be by water-jacket, or other suitable method,
operated so as to obtain accurate data. The pressure gauge must permit
reading to an accuracy of 1 percent. The expansion gauge must permit
reading of total expansion to an accuracy either of 1 percent or 0.1
cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to ensure complete expansion. Any internal pressure
applied after heat-treatment and previous to the official test may not
exceed 90 percent of the test pressure. If, due to failure of the test
apparatus, the test pressure cannot be maintained, the test may be
repeated at a pressure increased by 10 percent or 100 pounds per square
inch, whichever is the lower.
(3) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
[[Page 25961]]
(4) Cylinders must be tested as follows:
(i) At least one cylinder selected at random out of each lot of 200
or less must be tested as outlined in paragraphs (i)(1), (i)(2), and
(i)(3) of this section to at least two times service pressure.
(ii) All cylinders not tested as outlined in paragraph (i)(4)(i) of
this section must be examined under pressure of at least two times
service pressure and show no defect.
(j) Flattening test. After the hydrostatic test, a flattening test
must be performed on one cylinder taken at random out or each lot of
200 or less, by placing the cylinder between wedge shaped knife edges
having a 60 deg. included angle, rounded to \1/2\-inch radius. The
longitudinal axis of the cylinder must be at a 90-degree angle to knife
edges during the test. For lots of 30 or less, flattening tests are
authorized to be made on a ring at least 8 inches long cut from each
cylinder and subjected to same heat treatment as the finished cylinder.
(k) Physical test. A physical test must be conducted to determine
yield strength, tensile strength, elongation, and reduction of area of
material as follows:
(1) The test is required on 2 specimens cut from 1 cylinder, or
part thereof heat-treated as required, taken at random out of each lot
of 200 or less. For lots of 30 or less, physical tests are authorized
to be made on a ring at least 8 inches long cut from each cylinder and
subjected to same heat treatment as the finished cylinder.
(2) Specimens must conform to the following:
(i) A gauge length of 8 inches with a width of not over 1\1/2\
inches, a gauge length of 2 inches with a width of not over 1\1/2\
inches, or a gauge length at least 24 times the thickness with a width
not over 6 times the thickness is authorized when a cylinder wall is
not over \3/16\ inch thick.
(ii) The specimen, exclusive of grip ends, may not be flattened.
Grip ends may be flattened to within one inch of each end of the
reduced section.
(iii) When size of 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 so taken and prepared, the inspector's report must
show in connection with 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 ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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
must be set while the specimen is under a stress of 12,000 pounds per
square inch, and 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) Acceptable results for physical and flattening tests. Either of
the following is an acceptable result:
(1) An elongation of at least 40 percent for a 2-inch gauge length
or at least 20 percent in other cases and yield strength not over 73
percent of tensile strength. In this instance, a flattening test is not
required.
(2) When cylinders are constructed of lap welded pipe, flattening
test is required, without cracking, to 6 times the wall thickness. In
such case, the rings (crop ends) cut from each end of pipe, must be
tested with the weld 45 deg. or less from the point of greatest stress.
If a ring fails, another from the same end of pipe may be tested.
(m) Rejected cylinders. Reheat treatment is authorized for rejected
cylinder. Subsequent thereto, cylinders must pass all prescribed tests
to be acceptable. Repair of brazed seams by brazing and welded seams by
welding is authorized.
(n) Markings. Markings must be stamped plainly and permanently in
any of the following locations on the cylinder:
(1) On shoulders and top heads when they are not less than 0.087-
inch thick.
(2) On side wall adjacent to top head for side walls which are not
less than 0.090 inch thick.
(3) On a cylindrical portion of the shell which extends beyond the
recessed bottom of the cylinder, constituting an integral and non-
pressure part of the cylinder.
(4) On a metal 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, or by brazing.
The brazing rod must melt at a temperature of 1100 deg.F. Welding or
brazing must be along all the edges of the plate.
(5) On the neck, neckring, valve boss, valve protection sleeve, or
similar part permanently attached to the top of the cylinder.
(6) On the footring permanently attached to the cylinder, provided
the water capacity of the cylinder does not exceed 25 pounds.
Sec. 178.51 Specification 4BA welded or brazed steel cylinders.
(a) Type, size, and service pressure. A DOT 4BA cylinder is a
cylinder, either spherical or cylindrical in shape, with a water
capacity of 1,000 pounds or less and a service pressure of at least 225
and not over 500 pounds per square inch. Closures made by the spinning
process are not authorized.
(1) Spherical type cylinders must be made from two seamless
hemispheres joined by the welding of one circumferential seam.
(2) Cylindrical type cylinders must be of circumferentially welded
or brazed construction.
(b) Steel. The steel used in the construction of the cylinder must
be as specified in Table 1 of Appendix A to this part.
(c) Identification of material. Material must be identified by any
suitable method except that 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. No defect is permitted that is likely
to weaken the finished cylinder appreciably. A reasonably smooth and
uniform surface finish is required. Exposed bottom welds on cylinders
over 18 inches long must be protected by footrings.
(1) Seams must be made as follows:
(i) Minimum thickness of heads and bottoms must be not less than 90
percent of the required thickness of the side wall.
(ii) Circumferential seams must be made by welding or by brazing.
Heads must be attached by brazing and must have a driving fit with the
shell, unless the shell is crimped, swedged or curled
[[Page 25962]]
over the skirt or flange of the head and must be thoroughly brazed
until complete penetration by the brazing material of the brazed joint
is secured. Depth of brazing from end of the shell must be at least
four times the thickness of shell metal.
(iii) Longitudinal seams in shells must be made by copper brazing,
copper alloy brazing, or by silver alloy brazing. Copper alloy
composition must be: Copper 95 percent minimum, Silicon 1.5 percent to
3.85 percent, Manganese 0.25 percent to 1.10 percent. The melting point
of the silver alloy brazing material must be in excess of 1,000 deg.F.
The plate edge must be lapped at least eight times the thickness of
plate, laps being held in position, substantially metal to metal, by
riveting or by electric spot-welding. Brazing must be done by using a
suitable flux and by placing brazing material on one side of seam and
applying heat until this material shows uniformly along the seam of the
other side. Strength of longitudinal seam: Copper brazed longitudinal
seam must have strength at least \3/2\ times the strength of the steel
wall.
(2) Welding procedures and operators must be qualified in
accordance with CGA Pamphlet C-3.
(e) Welding and brazing. Only the welding or brazing of neckrings,
footrings, handles, bosses, pads, and valve protection rings to the
tops and bottoms of cylinders 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 except in the case of 4130 x steel which may be used with
proper welding procedure.
(f) Wall thickness. The minimum wall thickness of the cylinder must
meet the following conditions:
(1) For any cylinder with an outside diameter of greater than 6
inches, the minimum wall thickness is 0.078 inch. In any case the
minimum wall thickness must be such that the calculated wall stress at
the minimum test pressure may not exceed the lesser value of any of the
following:
(i) The value shown in Table I of Appendix A to this part, for the
particular material under consideration;
(ii) One-half of the minimum tensile strength of the material
determined as required in paragraph (j) of this section;
(iii) 35,000 pounds per square inch; or
(iv) Further provided that wall stress for cylinders having copper
brazed longitudinal seams may not exceed 95 percent of any of the above
values. Measured wall thickness may not include galvanizing or other
protective coating.
(2) Cylinders that are cylindrical in shape must have the wall
stress calculated by the formula:
S=[P(1.3D2+0.4d2)]/(D2-d2)
Where:
S=wall stress in pounds per square inch;
P=minimum test pressure prescribed for water jacket test;
D=outside diameter in inches;
d=inside diameter in inches.
(3) Cylinders that are spherical in shape must have the wall stress
calculated by the formula:
S=PD/4tE
Where:
S=wall stress in pounds per square inch;
P=minimum test pressure prescribed for water jacket test;
D=outside diameter in inches;
t=minimum wall thickness in inches;
E=0.85 (provides 85 percent weld efficiency factor which must be
applied in the girth weld area and heat affected zones which zone must
extend a distance of 6 times wall thickness from center line of weld);
E=1.0 (for all other areas).
(4) For a cylinder with a wall thickness less than 0.100 inch, the
ratio of tangential length to outside diameter may not exceed 4.1.
(g) 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 shown in Table I 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.
(2) Heat treatment is not required after the welding or brazing of
weldable low carbon parts to attachments of similar material which have
been previously welded or brazed to the top or bottom of cylinders and
properly heat treated, provided such subsequent welding or brazing does
not produce a temperature in excess of 400 deg. F in any part of the
top or bottom material.
(h) Openings in cylinders. Openings in cylinders must comply with
the following requirements:
(1) Any opening must be placed on other than a cylindrical surface.
(2) Each opening in a spherical type cylinder must be provided with
a fitting, boss, or pad of weldable steel securely attached to the
container by fusion welding.
(3) Each opening in a cylindrical type cylinder must be provided
with a fitting, boss, or pad, securely attached to container by brazing
or 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 a length not less than that specified
for American Standard taper pipe threads.
(iii) Straight threads, having at least 4 engaged threads, must
have a tight fit and a calculated shear strength of at least 10 times
the test pressure of the cylinder. Gaskets, adequate to prevent
leakage, are required.
(i) Hydrostatic test. Each cylinder must successfully withstand a
hydrostatic test, as follows:
(1) The test must be by water jacket, or other suitable method,
operated so as to obtain accurate data. A pressure gauge must permit
reading to an accuracy of 1 percent. An expansion gauge must permit
reading of total expansion to an accuracy of either 1 percent or 0.1
cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to ensure complete expansion. Any internal pressure
applied after heat treatment and previous to the official test may not
exceed 90 percent of the test pressure.
(3) Permanent volumetric expansion may not exceed 10 percent of the
total volumetric expansion at test pressure.
(4) Cylinders must be tested as follows:
(i) At least one cylinder selected at random out of each lot of 200
or less must be tested as outlined in paragraphs (i)(1), (i)(2), and
(i)(3) of this section to at least two times service pressure.
(ii) All cylinders not tested as outlined in paragraph (i)(4)(i) of
this section must be examined under pressure of at least two times
service pressure and show no defect.
(j) Physical test. A physical test must be conducted to determine
yield strength, tensile strength, elongation, and reduction of area of
material, as follows:
(1) The test is required on 2 specimens cut from one cylinder or
part thereof having passed the hydrostatic test and heat-treated as
required, taken at random out of each lot of 200 or less. Physical
tests for spheres are required on 2 specimens cut from flat
representative sample plates of the same heat taken at random from the
steel used to produce the spheres. This flat steel from which 2
specimens are to be cut must receive the same heat treatment as the
spheres themselves. Sample plates must be taken from each lot of 200 or
less spheres.
[[Page 25963]]
(2) Specimens must conform to the following:
(i) A gauge length of 8 inches with a width not over 1\1/2\ inches,
or a gauge length of 2 inches with a width not over 1\1/2\ inches, or a
gauge length at least 24 times the thickness with a width not over 6
times the thickness is authorized when a cylinder wall is not over \3/
16\ inch thick.
(ii) The specimen, exclusive of grip ends, may not be flattened.
Grip ends may be flattened to within one 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 so taken and prepared, the inspector's report must
show in connection with 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 ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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
pounds per square inch, 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.
(k) Elongation. Physical test specimens must show at least a 40
percent elongation for a 2-inch gauge length or at least 20 percent in
other cases. Except that these elongation percentages may be reduced
numerically by 2 for 2-inch specimens, and by 1 in other cases, for
each 7,500 pounds per square inch increment of tensile strength above
50,000 pounds per square inch to a maximum of four such increments.
(l) Tests of welds. Except for brazed seams, welds must be tested
as follows:
(1) Tensile test. A specimen must be cut from one cylinder of each
lot of 200 or less, or welded test plate. The welded test plate must be
of one of the heats in the lot of 200 or less which it represents, in
the same condition and approximately the same thickness as the cylinder
wall except that in no case must it be of a lesser thickness than that
required for a quarter size Charpy impact specimen. The weld must be
made by the same procedures and subjected to the same heat treatment as
the major weld on the cylinder. The specimen must be taken from across
the major seam and must be prepared and tested in accordance with and
must meet the requirements of CGA Pamphlet C-3. Should this specimen
fail to meet the requirements, specimens may be taken from two
additional cylinders or welded test plates from the same lot and
tested. If either of the latter specimens fail to meet the
requirements, the entire lot represented must be rejected.
(2) Guided bend test. A root bend test specimen must be cut from
the cylinder or welded test plate, used for the tensile test specified
in paragraph (l)(1) of this section. Specimens must be taken from
across the major seam and must be prepared and tested in accordance
with and must meet the requirements of CGA Pamphlet C-3.
(3) Alternate guided-bend test. This test may be used and must be
as required by CGA Pamphlet 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 gage 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 pounds per square inch, as
provided in paragraph (k) of this section.
(m) Rejected cylinders. Reheat treatment is authorized for rejected
cylinders. Subsequent thereto, cylinders must pass all prescribed tests
to be acceptable. Repair of brazed seams by brazing and welded seams by
welding is authorized.
(n) Markings. Markings must be stamped plainly and permanently in
one of the following locations on the cylinder:
(1) On shoulders and top heads not less than 0.087 inch thick.
(2) On side wall adjacent to top head for side walls not less than
0.090 inch thick.
(3) On a cylindrical portion of the shell which extends beyond the
recessed bottom of the cylinder constituting an integral and non-
pressure part of the cylinder.
(4) 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, or by brazing at a
temperature of at least 1100 deg.F., throughout all edges of the
plate.
(5) On the neck, neckring, valve boss, valve protection sleeve, or
similar part permanently attached to the top of the cylinder.
(6) On the footring permanently attached to the cylinder, provided
the water capacity of the cylinder does not exceed 25 pounds.
Sec. 178.53 Specification 4D welded steel cylinders for aircraft use.
(a) Type, size, and service pressure. A DOT 4D cylinder is a welded
steel sphere (two seamless hemispheres) or circumferentially welded
cylinder (two seamless drawn shells) with a water capacity not over 100
pounds and a service pressure of at least 300 but not over 500 pounds
per square inch. Cylinders closed in by spinning process are not
authorized.
(b) Steel. Open-hearth or electric steel of uniform and weldable
quality must be used. Content may not exceed the following: Carbon,
0.25; phosphorus, 0.045; sulphur, 0.050, except that the following
steels commercially known as 4130X and Type 304, 316, 321, and 347
stainless steels may be used with proper welding procedure. A heat of
steel made under Table 1 in this paragraph (b), check chemical analysis
of which is slightly out of the specified range, is acceptable, if
satisfactory in all other respects, provided the tolerances shown in
Table 2 in this paragraph (b) are not exceeded, except as approved by
the Associate Administrator. The following chemical analyses are
authorized:
Table 1.--4130X Steel
------------------------------------------------------------------------
4130X Percent
------------------------------------------------------------------------
Carbon..................................... 0.25/0.35.
Manganese.................................. 0.40/0.60.
Phosphorus................................. 0.04 max.
Sulphur.................................... 0.05 max
Silicon.................................... 0.15/0.35.
Chromium................................... 0.80/1.10.
Molybdenum................................. 0.15/0.25.
Zirconium.................................. None.
Nickel..................................... None.
------------------------------------------------------------------------
[[Page 25964]]
Table 2.--Authorized Stainless Steels
----------------------------------------------------------------------------------------------------------------
Stainless steels
---------------------------------------------------------------
304 (percent) 316 (percent) 321 (percent) 347 (percent)
----------------------------------------------------------------------------------------------------------------
Carbon (max).................................... 0.08 0.08 0.08 0.08
Manganese (max)................................. 2.00 2.00 2.00 2.00
Phosphorus (max)................................ .030 .045 .030 .030
Sulphur (max)................................... .030 .030 .030 .030
Silicon (max)................................... .75 1.00 .75 .75
Nickel.......................................... 8.0/11.0 10.0/14.0 9.0/13.0 9.0/13.0
Chromium........................................ 18.0/20.0 16.0/18.0 17.0/20.0 17.0/20.0
Molybdenum...................................... .............. 2.0/3.0 .............. ..............
Titanium........................................ .............. .............. (\1\) ..............
Columbium....................................... .............. .............. .............. (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ Titanium may not be less than 5C and not more than 0.60%.
\2\ Columbium may not be less than 10C and not more than 1.0%.
Table 3.--Check Analysis Tolerances
----------------------------------------------------------------------------------------------------------------
Tolerance (percent) over
the maximum limit or
under the minimum limit
Element Limit or maximum specified (percent) -------------------------
Under Over
minimum maximum
limit limit
----------------------------------------------------------------------------------------------------------------
Carbon......................... To 0.15 incl......................................... 0.01 0.01
Over 0.15 to 0.40 incl............................... .03 .04
Manganese...................... To 0.60 incl......................................... .03 .03
Over 1.15 to 2.50 incl............................... .05 .05
Phosphorus \1\................. All ranges........................................... ........... .01
Sulphur........................ All ranges........................................... ........... .01
Silicon........................ To 0.30 incl......................................... .02 .03
Over 0.30 to 1.00 incl............................... .05 .05
Nickel......................... Over 5.30 to 10.00 incl.............................. .10 .10
Over 10.00 to 14.00 incl............................. .15 .15
Chromium....................... To 0.90 incl......................................... .03 .03
Over 0.90 to 2.10 incl............................... .05 .05
Over 15.00 to 20.00 incl............................. .20 .20
Molybdenum..................... To 0.20 incl......................................... .01 .01
Over 0.20 to 0.40 incl............................... .02 .02
Over 1.75 to 3.0 incl................................ .10 .10
Titanium....................... All ranges........................................... .05 .05
Columbium...................... All ranges........................................... .05 .05
----------------------------------------------------------------------------------------------------------------
\1\ Rephosphorized steels not subject to check analysis for phosphorus.
(c) Identification of material. Material must be identified by any
suitable method except that 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. No defect is permitted that is likely
to weaken the finished container appreciably. A reasonably smooth and
uniform surface finish is required. Welding procedures and operators
must be qualified in accordance with CGA Pamphlet C-3.
(e) Wall thickness. The wall stress at the minimum test pressure
may not exceed 24,000 pounds per square inch, except where steels
commercially known as 4130X, types 304, 316, 321, and 347 stainless
steels are used, stress at the test pressures may not exceed 37,000
pounds per square inch. The minimum wall thickness for any container
having a capacity of 1,100 cubic inches or less is 0.04 inch. The
minimum wall thickness for any container having a capacity in excess of
1,100 cubic inches is 0.095 inch. Calculations must be done by the
following:
(1) Calculation for a ``sphere'' must be made by the formula:
S=PD/4tE
Where:
S=wall stress in pounds per square inch;
P=test pressure prescribed for water jacket test, i.e., at least two
times service pressure, in pounds per square inch;
D=outside diameter in inches;
t=minimum wall thickness in inches;
E=0.85 (provides 85 percent weld efficiency factor which must be
applied in the girth weld area and heat affected zones which zone must
extend a distance of 6 times wall thickness from center line of weld);
E=1.0 (for all other areas).
(2) Calculation for a cylinder must be made by the formula:
S=[P(1.3D2+0.4d2)]/(D2-dT12)
Where:
S=wall stress in pounds per square inch;
P=test pressure prescribed for water jacket test, i.e., at least two
times service pressure, in pounds per square inch;
D=outside diameter in inches;
d=inside diameter in inches.
(f) Heat treatment. The completed cylinders must be uniformly and
properly heat-treated prior to tests.
[[Page 25965]]
(g) Openings in container. Openings in cylinders must comply with
the following:
(1) Each opening in the container, except those for safety devices,
must be provided with a fitting, boss, or pad, securely attached to the
container by brazing or by welding or by threads. 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 a length not less than that specified
for American Standard taper pipe threads.
(iii) Straight threads, having at least 4 engaged threads, must
have a tight fit and calculated shear strength of at least 10 times the
test pressure of the container. Gaskets, adequate to prevent leakage,
are required.
(2) Closure of a fitting, boss, or pad must be adequate to prevent
leakage.
(h) Hydrostatic test. Each cylinder must successfully withstand a
hydrostatic test, as follows:
(1) The test must be by water-jacket, or other suitable method,
operated so as to obtain accurate data. A pressure gauge must permit a
reading to an accuracy of 1 percent. An expansion gauge must permit
reading of total expansion to an accuracy of either 1 percent or 0.1
cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to ensure complete expansion. Any internal pressure
applied after heat-treatment and previous to the official test may not
exceed 90 percent of the test pressure. If, due to failure of the test
apparatus, the test pressure cannot be maintained, the test may be
repeated at a pressure increased by 10 percent or 100 pounds per square
inch, whichever is the lower.
(3) Permanent volumetric expansion may not exceed 10 percent of the
total volumetric expansion at test pressure.
(4) Containers must be tested as follows:
(i) Each container to at least 2 times service pressure; or
(ii) One container out of each lot of 200 or less to at least 3
times service pressure. Others must be examined under pressure of 2
times service pressure and show no defects.
(i) Flattening test for spheres and cylinders. Spheres and
cylinders must be subjected to a flattening test as follows:
(1) One sphere taken at random out of each lot of 200 or less must
be subjected to a flattening test as follows:
(i) The test must be performed after the hydrostatic test.
(ii) The test must be between parallel steel plates on a press with
a welded seam at right angles to the plates. Any projecting
appurtenances may be cut off (by mechanical means only) prior to
crushing.
(2) One cylinder taken at random out of each lot of 200 or less
must be subjected to a flattening test, as follows:
(i) The test must be performed after the hydrostatic test.
(ii) The test must be between knife edges, wedge shaped, 60 deg.
angle, rounded to \1/2\ inch radius. For lots of 30 or less, physical
tests are authorized to be made on a ring at least 8 inches long cut
from each cylinder and subjected to the same heat treatment as the
finished cylinder.
(j) Physical test and specimens for spheres and cylinders. Spheres
and cylinders must be subjected to a physical test as follows:
(1) Physical test for spheres are required on 2 specimens cut from
a flat representative sample plate of the same heat taken at random
from the steel used to produce the sphere. This flat steel from which
the 2 specimens are to be cut must receive the same heat-treatment as
the spheres themselves. Sample plates must be taken for each lot of 200
or less spheres.
(2) Specimens for spheres must have a gauge length 2 inches with a
width not over 1\1/2\ inches, or a gauge length at least 24 times the
thickness with a width not over 6 times the thickness is authorized
when a wall is not over \3/16\ inch thick.
(3) Physical test for cylinders is required on 2 specimens cut from
1 cylinder taken at random out of each lot of 200 or less. For lots of
30 or less, physical tests are authorized to be made on a ring at least
8 inches long cut from each cylinder and subjected to the same heat
treatment as the finished cylinder.
(4) Specimens for cylinders must conform to the following:
(i) A gauge length of 8 inches with a width not over 1\1/2\ inches,
or a gauge length of 2 inches with a width not over 1\1/2\ inches, or a
gauge length at least 24 times the thickness with a width not over 6
times the thickness is authorized when a cylinder wall is not over \3/
16\ inch thick.
(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. Heating of the specimen for any purpose is not authorized.
(5) 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 ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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
must be set while the specimen is under a stress of 12,000 pounds per
square inch and the strain indicator reading being 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.
(k) Acceptable results for physical and flattening tests. Either of
the following is an acceptable result:
(1) An elongation of at least 40 percent for a 2 inch gauge length
or at least 20 percent in other cases and yield strength not over 73
percent of tensile strength. In this instance, the flattening test is
not required.
(2) An elongation of at least 20 percent for a 2 inch gauge length
or 10 percent in other cases. Flattening is required to 50 percent of
the original outside diameter without cracking.
(l) Rejected cylinders. Reheat-treatment is authorized for rejected
cylinders. Subsequent thereto, containers must pass all prescribed
tests to be acceptable. Repair of welded seams by welding prior to
reheat-treatment is authorized.
(m) Marking. Marking on each container by stamping plainly and
permanently are only authorized where the metal is at least 0.09 inch
thick, or on a metal nameplate permanently secured to the container by
means other than soft solder, or by means that would not reduce the
wall thickness.
Sec. 178.55 Specification 4B240ET welded or brazed cylinders.
(a) Type, spinning process, size and service pressure. A DOT
4B240ET cylinder is a brazed type cylinder made from electric
resistance welded tubing. The maximum water capacity of this cylinder
is 12 pounds or 333 cubic inches and the service must be 240 pounds per
square inch. The maximum outside diameter of the shell must be
[[Page 25966]]
five inches and maximum length of the shell is 21 inches. Cylinders
closed in by a spinning process are authorized.
(b) Steel. Open-hearth, basic oxygen, or electric steel of uniform
quality must be used. Plain carbon steel content may not exceed the
following: Carbon, 0.25; phosphorus, 0.045; sulfur, 0.050. The addition
of other elements for alloying effect is prohibited.
(c) Identification of material. Material must be identified by any
suitable method.
(d) Manufacture. Cylinders must be manufactured using equipment and
processes adequate to ensure that each cylinder produced conforms to
the requirements of this subpart. No defect is permitted that is likely
to weaken the finished cylinder appreciably. A reasonably smooth and
uniform surface finish is required. Heads may be attached to shells by
lap brazing or may be formed integrally. The thickness of the bottom of
cylinders welded or formed by spinning is, under no condition, to be
less than two times the minimum wall thickness of the cylindrical
shell. Such bottom thicknesses must be measured within an area bounded
by a line representing the points of contact between the cylinder and
the floor when the cylinder is in a vertical position. Seams must
conform to the following:
(1) Circumferential seams must be by brazing only. Heads must be
attached to shells by the lap brazing method and must overlap not less
than four times the wall thickness. Brazing material must have a
melting point of not less than 1000 deg. F. Heads must have a driving
fit with the shell unless the shell is crimped, swedged, or curled over
the skirt or flange of the head and be thoroughly brazed until complete
penetration of the joint by the brazing material is secured. Brazed
joints may be repaired by brazing.
(2) Longitudinal seams in shell must be by electric resistance
welded joints only. No repairs to longitudinal joints is permitted.
(3) Welding procedures and operators must be qualified in
accordance with CGA Pamphlet C-3.
(e) Welding or brazing. Only the attachment, by welding or brazing,
to the tops and bottoms of cylinders 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) Wall thickness. The wall stress must be at least two times the
service pressure and may not exceed 18,000 pounds per square inch. The
minimum wall thickness is 0.044 inch. Calculation must be made by the
following formula:
S=[P(1.3D2+0.4d2)]/(D2-d2)
Where:
S=wall stress in pounds per square inch;
P=2 times service pressure;
D=outside diameter in inches;
d=inside diameter in inches.
(g) Heat treatment. Heads formed by drawing or pressing must be
uniformly and properly heat treated prior to tests. Cylinders with
integral formed heads or bases must be subjected to a normalizing
operation. Normalizing and brazing operations may be combined, provided
the operation is carried out at a temperature in excess of the upper
critical temperature of the steel.
(h) Openings in cylinders. Openings in cylinders must comply with
the following:
(1) Each opening in cylinders, except those for safety devices,
must be provided with a fitting, boss, or pad, securely attached to the
cylinder by brazing or by welding or by threads. A fitting, boss, or
pad must be of steel suitable for the method of attachment employed,
and which need not be identified or verified as to analysis, except
that if attachment is by welding, carbon content may not exceed 0.25
percent. 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 to be of length not less than as specified for
American Standard taper pipe threads.
(iii) Straight threads, having at least 4 engaged threads, to have
tight fit and calculated shear strength at least 10 times the test
pressure of the cylinder; gaskets required, adequate to prevent
leakage.
(2) Closure of a fitting, boss, or pad must be adequate to prevent
leakage.
(i) Hydrostatic test. Each cylinder must successfully withstand a
hydrostatic test as follows:
(1) The test must be by water-jacket, or other suitable method,
operated so as to obtain accurate data. The pressure gauge must permit
reading to an accuracy of 1 percent. The expansion gauge must permit
reading of total expansion to an accuracy of either 1 percent or 0.1
cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to ensure complete expansion. Any internal pressure
applied after heat-treatment and previous to the official test may not
exceed 90 percent of the test pressure. If, due to failure of the test
apparatus, the test pressure cannot be maintained, the test may be
repeated at a pressure increased by 10 percent or 100 pounds per square
inch, whichever is the lower.
(3) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
(4) Cylinders must be tested as follows:
(i) At least one cylinder selected at random out of each lot of 200
or less must be tested as outlined in paragraphs (i)(1), (i)(2), and
(i)(3) of this section to at least two times service pressure.
(ii) All cylinders not tested as outlined in paragraph (i)(4)(i) of
this section must be examined under pressure of at least two times
service pressure and show no defect.
(5) Each 1000 cylinders or less successively produced each day must
constitute a lot. One cylinder must be selected from each lot and
hydrostatically tested to destruction. If this cylinder bursts below
five times the service pressure, then two additional cylinders must be
selected and subjected to this test. If either of these cylinders fails
by bursting below five times the service pressure then the entire lot
must be rejected. All cylinders constituting a lot must be of identical
size, construction heat-treatment, finish, and quality.
(j) Flattening test. Following the hydrostatic test, one cylinder
taken at random out of each lot of 200 or less, must be subjected to a
flattening test that is between knife edges, wedge shaped, 60 deg.
angle, rounded to \1/2\ inch radius.
(k) Physical test. A physical test must be conducted to determine
yield strength, tensile strength, elongation, and reduction of area of
material, as follows:
(1) The test is required on 2 specimens cut from 1 cylinder, or
part thereof heat-treated as required, taken at random out of each lot
of 200 or less in the case of cylinders of capacity greater than 86
cubic inches and out of each lot of 500 or less for cylinders having a
capacity of 86 cubic inches or less.
(2) Specimens must conform to the following:
(i) 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 24 times the thickness with a width not over 6
times the thickness is authorized when a cylinder wall is not over \3/
16\ inch thick.
(ii) The specimen, exclusive of grip ends, may not be flattened.
Grip ends may be flattened to within one inch of each end of the
reduced section.
[[Page 25967]]
(iii) When size of 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 so taken and prepared, the inspector's report must
show in connection with 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 ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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
must be set while the specimen is under a stress of 12,000 pounds per
square inch and the strain indicator reading being 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) Acceptable results for physical and flattening tests.
Acceptable results for the physical and flattening tests are an
elongation of at least 40 percent for a 2 inch gauge length or at least
20 percent in other cases and a yield strength not over 73 percent of
tensile strength. In this instance the flattening test is required,
without cracking, to six times the wall thickness with a weld 90 deg.
from the direction of the applied load. Two rings cut from the ends of
length of pipe used in production of a lot may be used for the
flattening test provided the rings accompany the lot which they
represent in all thermal processing operations. At least one of the
rings must pass the flattening test.
(m) Leakage test. All spun cylinders and plugged cylinders must be
tested for leakage by gas or air pressure after the bottom has been
cleaned and is free from all moisture, subject to the following
conditions:
(1) Pressure, approximately the same as but no less than service
pressure, must be applied to one side of the finished bottom over an
area of at least \1/16\ of the total area of the bottom but not less
than \3/4\ inch in diameter, including the closure, for at least 1
minute, during which time the other side of the bottom exposed to
pressure must be covered with water and closely examined for
indications of leakage. Except as provided in paragraph (n) of this
section, cylinders which are leaking must be rejected.
(2) A spun cylinder is one in which an end closure in the finished
cylinder has been welded by the spinning process.
(3) A plugged cylinder is one in which a permanent closure in the
bottom of a finished cylinder has been effected by a plug.
(4) As a safety precaution, if the manufacturer elects to make
this test before the hydrostatic test, he should design his apparatus
so that the pressure is applied to the smallest area practicable,
around the point of closure, and so as to use the smallest possible
volume of air or gas.
(n) Rejected cylinders. Repairs of rejected cylinders is
authorized. Cylinders that are leaking must be rejected, except that:
(1) Spun cylinders rejected under the provisions of paragraph (m)
of this section may be removed from the spun cylinder category by
drilling to remove defective material, tapping, and plugging.
(2) Brazed joints may be rebrazed.
(3) Subsequent to the operations noted in paragraphs (n)(1) and
(n)(2) of this section, acceptable cylinders must pass all prescribed
tests.
(o) Marking. Markings on each cylinder must be by stamping plainly
and permanently on shoulder, top head, neck or valve protection collar
which is permanently attached to the cylinders and forming an integral
part thereof, provided that cylinders not less than 0.090 inch thick
may be stamped on the side wall adjacent to top head.
Sec. 178.56 Specification 4AA480 welded steel cylinders.
(a) Type, size, and service pressure. A DOT 4AA480 cylinder is a
welded steel cylinder having a water capacity (nominal) not over 1,000
pounds water capacity and a service pressure of 480 pounds per square
inch. Closures welded by spinning process not permitted.
(b) Steel. The limiting chemical composition of steel authorized by
this specification must be as shown in Table I of Appendix A to this
part.
(c) Identification of material. Material must be identified by any
suitable method except that 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. No defect is permitted that is likely
to weaken the finished cylinder appreciably. A reasonably smooth and
uniform surface finish is required. Exposed bottom welds on cylinders
over 18 inches long must be protected by footrings. Minimum thickness
of heads and bottoms may not be less than 90 percent of the required
thickness of the side wall. Seams must be made as follows:
(1) Circumferential seams must be welded. Brazing is not
authorized.
(2) Longitudinal seams are not permitted.
(3) Welding procedures and operators must be qualified in
accordance with CGA Pamphlet C-3.
(e) Welding. Only the welding of neckrings, footrings, bosses,
pads, and valve protection rings to the tops and bottoms of cylinders
is authorized. Provided that such attachments are made of weldable
steel, the carbon content of which does not exceed 0.25 percent.
(f) Wall thickness. The wall thickness of the cylinder must conform
to the following:
(1) For cylinders with an outside diameter over 5 inches, the
minimum wall thickness is 0.078 inch. In any case, the minimum wall
thickness must be such that the calculated wall stress at the minimum
test pressure (in paragraph (i) of this section) may not exceed the
lesser value of either of the following:
(i) One-half of the minimum tensile strength of the material
determined as required in paragraph (j) of this section; or
(ii) 35,000 pounds per square inch.
(2) Calculation must be made by the formula:
S=[P(1.3D2+0.4d2)]/(D2-d2)
Where:
S=wall stress in pounds per square inch;
P=minimum test pressure prescribed for water jacket test;
D=outside diameter in inches;
d=inside diameter in inches.
(3) The ratio of tangential length to outside diameter may not
exceed 4.0 for cylinders with a wall thickness less than 0.100 inch.
(g) Heat treatment. Each cylinder must be uniformly and properly
heat
[[Page 25968]]
treated prior to tests. Any suitable heat treatment in excess of
1100 deg. F is authorized except that liquid quenching is not
permitted. Heat treatment must be accomplished after all forming and
welding operations. Heat treatment is not required after welding
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 deg.F., in any part of the top or bottom
material.
(h) Openings in cylinders. Openings in cylinders must conform to
the following:
(1) All openings must be in the heads or bases.
(2) Each opening in the cylinder, except those for safety devices,
must be provided with a fitting boss, or pad, securely attached to the
cylinder by welding or by threads. If threads are used they must comply
with the following:
(i) Threads must be clean-cut, even without checks and cut to
gauge.
(ii) Taper threads to be of length not less than as specified for
American Standard taper pipe threads.
(iii) Straight threads having at least 6 engaged threads, must have
a tight fit and a calculated shear strength at least 10 times the test
pressure of the cylinder. Gaskets, adequate to prevent leakage, are
required.
(3) Closure of a fitting, boss or pad must be adequate to prevent
leakage.
(i) Hydrostatic test. Each cylinder must successfully withstand a
hydrostatic test as follows:
(1) The test must be by water jacket, or other suitable method,
operated so as to obtain accurate data. The pressure gauge must permit
reading to an accuracy of 1 percent. The expansion gauge must permit
reading of total expansion to an accuracy of either 1 percent or 0.1
cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds or
sufficiently longer to assure complete expansion. Any internal pressure
applied after heat-treatment and before the official test may not
exceed 90 percent of the test pressure. If, due to failure of test
apparatus, the test pressure cannot be maintained, the test may be
repeated at a pressure increased by 10 percent or 100 pounds per square
inch, whichever is lower.
(3) Permanent volumetric expansion may not exceed 10 percent of the
total volumetric expansion at test pressure.
(4) Cylinders must be tested as follows:
(i) At least one cylinder selected at random out of each lot of 200
or less must be tested as described in paragraphs (i)(1), (i)(2), and
(i)(3) of this section, to at least two times service pressure. If a
selected cylinder fails, then two additional specimens must be selected
at random from the same lot and subjected to the prescribed test. If
either of these fails the test, then each cylinder in that lot must be
so tested; and
(ii) Each cylinder not tested as prescribed in paragraph (i)(4)(i)
of this section must be examined under pressure of at least two times
service pressure and must show no defect. A cylinder showing a defect
must be rejected unless it may be requalified under paragraph (m) of
this section.
(j) Physical test. A physical test must be conducted to determine
yield strength, tensile strength, elongation, and reduction of area of
material, as follows:
(1) The test is required on 2 specimens cut from one cylinder
having passed the hydrostatic test, or part thereof heat-treated as
required, taken at random out of each lot of 200 or less.
(2) Specimens must conform to the following:
(i) 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 24 times the thickness with a width not over 6
times thickness is authorized when the cylinder wall is not over \3/16\
inch thick.
(ii) The specimen, exclusive of grip ends, may not be flattened.
Grip ends may be flattened to within one inch of each end of the
reduced section.
(iii) When size of 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 so taken and prepared, the inspector's report must
show in connection with 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 ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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
pounds per square inch and the strain indicator reading being 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.
(k) Elongation. Physical test specimens must show at least a 40
percent elongation for 2-inch gauge lengths or at least a 20 percent
elongation in other cases. Except that these elongation percentages may
be reduced numerically by 2 for 2-inch specimens and by 1 in other
cases for each 7,500 pounds per square inch increment of tensile
strength above 50,000 pounds per square inch to a maximum of four such
increments.
(l) Tests of welds. Welds must be tested as follows:
(1) Tensile test. A specimen must be cut from one cylinder of each
lot of 200 or less, or a welded test plate. The welded test plate must
be of one of the heats in the lot of 200 or less which it represents,
in the same condition and approximately the same thickness as the
cylinder wall except that it may not be of a lesser thickness than that
required for a quarter size Charpy impact specimen. The weld must be
made by the same procedures and subjected to the same heat treatment as
the major weld on the cylinder. The specimens must be taken across the
major seam and must be prepared and tested in accordance with and must
meet the requirements of CGA Pamphlet C-3. Should this specimen fail to
meet the requirements, specimens may be taken from two additional
cylinders or welded test plates from the same lot and tested. If either
of the latter specimens fail to meet the requirements, the entire lot
represented must be rejected.
(2) Guided bend test. A root bend test specimen must be cut from
the cylinder or a welded test plate, used for the tensile test
specified in paragraph (l)(1) of this section. Specimens must be taken
from across the major seam and must be prepared and tested in
accordance with
[[Page 25969]]
and must meet the requirements of CGA Pamphlet C-3.
(3) Alternate guided-bend test. This test may be used and must be
as required by CGA Pamphlet 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 gage lines-a to b, is at least 20 percent,
except that this percentage may be reduced for steels having a tensile
strength in excess of 50,000 pounds per square inch, as provided in
paragraph (k) of this section.
(m) Rejected cylinders. Reheat treatment of rejected cylinders is
authorized. Subsequent thereto, cylinders must pass all prescribed
tests to be acceptable. Repair of welded seams by welding is
authorized.
(n) Markings. Markings must be stamped plainly and permanently in
one of the following locations on the cylinder:
(1) On shoulders and top heads not less than 0.087 inch thick.
(2) On neck, valve boss, valve protection sleeve, or similar part
permanently attached to top end of cylinder.
(3) 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 or by brazing at a
temperature of at least 1100 deg. F, throughout all edges of the plate.
(4) Variations in location of markings authorized only when
necessitated by lack of space.
Sec. 178.57 Specification 4L welded insulated cylinders.
(a) Type, size, service pressure, and design service temperature. A
DOT 4L cylinder is a fusion welded insulated cylinder with a water
capacity (nominal) not over 1,000 pounds water capacity and a service
pressure of at least 40 but not greater than 500 pounds per square inch
conforming to the following requirements:
(1) For liquefied hydrogen service, the cylinders must be designed
to stand on end, with the axis of the cylindrical portion vertical.
(2) The design service temperature is the coldest temperature for
which a cylinder is suitable. The required design service temperatures
for each cryogenic liquid is as follows:
------------------------------------------------------------------------
Cryogenic liquid Design service temperature
------------------------------------------------------------------------
Argon..................................... Minus 320 deg.F or colder.
Helium.................................... Minus 452 deg.F or colder.
Hydrogen.................................. Minus 42 3 deg.F or colder.
Neon...................................... Minus 411 deg.F or colder.
Nitrogen.................................. Minus 320 deg.F or colder.
Oxygen.................................... Minus 320 deg.F or colder.
------------------------------------------------------------------------
(b) Material. Material use in the construction of this
specification must conform to the following:
(1) Inner containment vessel (cylinder). Designations and limiting
chemical compositions of steel authorized by this specification must be
as shown in Table 1 in paragraph (o) of this section.
(2) Outer jacket. Steel or aluminum may be used subject to the
requirements of paragraph (o)(2) of this section.
(c) Identification of material. Material must be identified by any
suitable method.
(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 to the following requirements:
(1) No defect is permitted that is likely to weaken the finished
cylinder appreciably. A reasonably smooth and uniform surface finish is
required. The shell portion must be a reasonably true cylinder.
(2) The heads must be seamless, concave side to the pressure,
hemispherical or ellipsoidal in shape with the major diameter not more
than twice the minor diameter. Minimum thickness of heads may not be
less than 90 percent of the required thickness of the sidewall. The
heads must be reasonably true to shape, have no abrupt shape changes,
and the skirts must be reasonably true to round.
(3) The surface of the cylinder must be insulated. The insulating
material must be fire resistant. The insulation on non-evacuated
jackets must be covered with a steel jacket not less than 0.060-inch
thick or an aluminum jacket not less than 0.070 inch thick, so
constructed that moisture cannot come in contact with the insulating
material. If a vacuum is maintained in the insulation space, the
evacuated jacket must be designed for a minimum collapsing pressure of
30 psi differential whether made of steel or aluminum. The construction
must be such that the total heat transfer, from the atmosphere at
ambient temperature to the contents of the cylinder, will not exceed
0.0005 Btu per hour, per Fahrenheit degree differential in temperature,
per pound of water capacity of the cylinder. For hydrogen, cryogenic
liquid service, the total heat transfer, with a temperature
differential of 520 Fahrenheit degrees, may not exceed that required to
vent 30 SCF of hydrogen gas per hour.
(4) For a cylinder having a design service temperature colder than
minus 320 deg.F, a calculation of the maximum weight of contents must
be made and that weight must be marked on the cylinder as prescribed in
Sec. 178.35.
(5) Welding procedures and operators must be qualified in
accordance with CGA Pamphlet C-3. In addition, an impact test of the
weld must be performed in accordance with paragraph (l) of this section
as part of the qualification of each welding procedure and operator.
(e) Welding. Welding of the cylinder must be as follows:
(1) All seams of the cylinder must be fusion welded. A means must
be provided for accomplishing complete penetration of the joint. Only
butt or joggle butt joints for the cylinder seams are authorized. All
joints in the cylinder must have reasonably true alignment.
(2) All attachments to the sidewalls and heads of the cylinder must
be by fusion welding and must be of a weldable material complying with
the impact requirements of paragraph (l) of this section.
(3) For welding the cylinder, each procedure and operator must be
qualified in accordance with the sections of CGA Pamphlet C-3 that
apply. In addition, impact tests of the weld must be performed in
accordance with paragraph (l) of this section as part of the
qualification of each welding procedure and operator.
(4) Brazing, soldering and threading are permitted only for joints
not made directly to the cylinder body. Threads must comply with the
requirements of paragraph (h) of this section.
(f) Wall thickness. The minimum wall thickness of the cylinder must
be such that the calculated wall stress at the minimum required test
pressure may not exceed the least value of the following:
(1) 45,000 pounds per square inch.
(2) One-half of the minimum tensile strength across the welded seam
determined in paragraph (l) of this section.
(3) One-half of the minimum tensile strength of the base metal
determined as required in paragraph (j) of this section.
(4) The yield strength of the base metal determined as required in
paragraph (l) of this section.
(5) Further provided that wall stress for cylinders having
longitudinal seams may not exceed 85 percent of the above value,
whichever applies.
(6) Calculation must be made by the following formula:
[[Page 25970]]
S=[P(1.3D2+0.4d2)]/(D2-d2)
where:
S=wall stress in pounds per square inch;
P=minimum test pressure prescribed for pressure test in pounds per
square inch;
D=outside diameter in inches;
d=inside diameter in inches.
(g) Heat treatment. Heat treatment is not permitted.
(h) Openings in cylinder. Openings in cylinders must conform to the
following:
(1) Openings are permitted in heads only. They must be circular and
may not exceed 3 inches in diameter or one third of the cylinder
diameter, whichever is less. Each opening in the cylinder must be
provided with a fitting, boss or pad, either integral with, or securely
attached to, the cylinder body by fusion welding. Attachments to a
fitting, boss or pad may be made by welding, brazing, mechanical
attachment, or threading.
(2) Threads must comply with the following:
(i) Threads must be clean-cut, even, without checks and cut to
gauge.
(ii) Taper threads to be of a length not less than that specified
for NPT.
(iii) Straight threads must have at least 4 engaged threads, tight
fit and calculated shear strength at least 10 times the test pressure
of the cylinder. Gaskets, which prevent leakage and are inert to the
hazardous material, are required.
(i) Pressure test. Each cylinder, before insulating and jacketing,
must be examined under a pressure of at least 2 times the service
pressure maintained for at least 30 seconds without evidence of
leakage, visible distortion or other defect. The pressure gauge must
permit reading to an accuracy of 1 percent.
(j) Physical test. A physical test must be conducted to determine
yield strength, tensile strength, and elongation as follows:
(1) The test is required on 2 specimens selected from material of
each heat and in the same condition as that in the completed cylinder.
(2) Specimens must conform to the following:
(i) A gauge length of 8 inches with a width not over 1\1/2\ inches,
a gauge length of 2 inches with width not over 1\1/2\ inches, or a
gauge length at least 24 times thickness with a width not over 6 times
thickness (authorized when cylinder wall is not over \1/16\ inch
thick).
(ii) The specimen, exclusive of grip ends, may not be flattened.
Grip ends may be flattened to within one 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 so taken and prepared, the inspector's report must
show in connection with 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 ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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 expansion of the gauge length under
appropriate load and adding thereto 0.2 percent of the gauge length.
Elastic extension calculations must be based on the elastic modulus of
the material used. 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
pounds per square inch and the strain indicator reading being 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.
(k) Acceptable results for physical tests. Physical properties must
meet the limits specified in paragraph (o)(1), Table 1, of this
section, for the particular steel in the annealed condition. The
specimens must show at least a 20 percent elongation for a 2-inch gage
length. Except that the percentage may be reduced numerically by 2 for
each 7,500 pounds per square inch increment of tensile strength above
100,000 pounds per square inch to a maximum of 5 such increments. Yield
strength and tensile strength must mee
FR Doc. 96-12029 Restructuring of Cylinder Specifications Requirements
t the requirements of paragraph
(o)(1), Table 1, of this section.
(l) Tests of welds. Welds must be tested as follows:
(1) Tensile test. A specimen must be cut from one cylinder of each
lot of 200 or less, or welded test plate. The welded test plate must be
of one of the heats in the lot of 200 or less which it represents, in
the same condition and approximately the same thickness as the cylinder
wall except that it may not be of a lesser thickness than that required
for a quarter size Charpy impact specimen. The weld must be made by the
same procedures and subjected to the same heat treatment as the major
weld on the cylinder. The specimen must be taken across the major seam
and must be prepared and tested in accordance with and must meet the
requirements of CGA Pamphlet C-3. Should this specimen fail to meet the
requirements, specimens may be taken from two additional cylinders or
welded test plates from the same lot and tested. If either of the
latter specimens fails to meet the requirements, the entire lot
represented must be rejected.
(2) Guided bend test. A ``root'' bend test specimen must be cut
from the cylinder or welded test plate, used for the tensile test
specified in paragraph (l)(1) of this section and from any other seam
or equivalent welded test plate if the seam is welded by a procedure
different from that used for the major seam. Specimens must be taken
across the particular seam being tested and must be prepared and tested
in accordance with and must meet the requirements of CGA Pamphlet C-3.
(3) Alternate guided-bend test. This test may be used and must be
as specified in CGA Pamphlet 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 gage lines a to b, is at least 20 percent,
except that this percentage may be reduced for steels having a tensile
strength in excess of 100,000 pounds per square inch, as provided in
paragraph (c) of this section.
(4) Impact tests. One set of three impact test specimens (for each
test) must be prepared and tested for determining the impact properties
of the deposited weld metal--
(i) As part of the qualification of the welding procedure.
(ii) As part of the qualification of the operators.
(iii) For each ``heat'' of welding rodor wire used.
(iv) For each 1,000 feet of weld made with the same heat of welding
rod or wire.
(v) All impact test specimens must be of the Charpy type, keyhole
or milled U-notch, and must conform in all respects to Figure 3 of ASTM
E-23-60. Each set of impact specimens must be taken across the weld and
have the notch located in the weld metal. When the
[[Page 25971]]
cylinder material thickness is 2.5 mm or thicker, impact specimens must
be cut from a cylinder or welded test plate used for the tensile or
bend test specimens. The dimension along the axis of the notch must be
reduced to the largest possible of 10 mm, 7.5 mm, 5 mm or 2.5 mm,
depending upon cylinder thickness. When the material in the cylinder or
welded test plate is not of sufficient thickness to prepare 2.5 mm
impact test specimens, 2.5 mm specimens must be prepared from a welded
test plate made from \1/8\ inch thick material meeting the requirements
specified in paragraph (o)(1), Table 1, of this section and having a
carbon analysis of .05 minimum, but not necessarily from one of the
heats used in the lot of cylinders. The test piece must be welded by
the same welding procedure as used on the particular cylinder seam
being qualified and must be subjected to the same heat treatment.
(vi) Impact test specimens must be cooled to the design service
temperature. The apparatus for testing the specimens must conform to
the requirements of ASTM Standard E-23-60. The test piece, as well as
the handling tongs, must be cooled for a length of time sufficient to
reach the service temperature. The temperature of the cooling device
must be maintained within a range of plus or minus 3 deg. F. The
specimen must be quickly transferred from the cooling device to the
anvil of the testing machine and broken within a time lapse of not more
than six seconds.
(vii) The impact properties of each set of impact specimens may not
be less than the values in the following table:
------------------------------------------------------------------------
Minimum
impact Minimum
value impact
required value
for avg. permitted
Size of specimen of each on one
set of only of a
three set of
specimens three
(ft.-lb.) (ft.-lb.)
------------------------------------------------------------------------
10 mm x 10 mm..................................... 15 10
10 mm x 7.5 mm.................................... 12.5 8.5
10 mm x 5 mm...................................... 10 7.0
10 mm x 2.5 mm.................................... 5 3.5
------------------------------------------------------------------------
(viii) When the average value of the three specimens equals or
exceeds the minimum value permitted for a single specimen and the value
for more than one specimen is below the required average value, or when
the value for one specimen is below the minimum value permitted for a
single specimen, a retest of three additional specimens must be made.
The value of each of these retest specimens must equal or exceed the
required average value. When an erratic result is caused by a defective
specimen, or there is uncertainty in test procedure, a retest is
authorized.
(m) Radiographic examination. Cylinders must be subject to a
radiographic examination as follows:
(1) The techniques and acceptability of radiographic inspection
must conform to the standards set forth in CGA Pamphlet C-3.
(2) One finished longitudinal seam must be selected at random from
each lot of 100 or less successively produced and be radiographed
throughout its entire length. Should the radiographic examination fail
to meet the requirements of paragraph (m)(1) of this section, two
additional seams of the same lot must be examined, and if either of
these fail to meet the requirements of (m)(1) of this section, only
those passing are acceptable.
(n) Rejected cylinders. Reheat treatment of rejected cylinders is
authorized. Subsequent thereto, cylinders must pass all prescribed
tests to be acceptable. Welds may be repaired by suitable methods of
fusion welding.
(o) Authorized materials of construction. Authorized materials of
construction are as follows:
(1) Inner containment vessel (cylinder). Electric furnace steel of
uniform quality must be used. Chemical analysis must conform to ASTM
A240, Type 304 Stainless Steel. A heat of steel made under Table 1 and
Table 2 in this paragraph (o)(1) is acceptable, even though its check
chemical analysis is slightly out of the specified range, if it is
satisfactory in all other respects, provided the tolerances shown in
Table 3 in this paragraph (o)(1) are not exceeded. The following
chemical analyses and physical properties are authorized:
Table 1.--Authorized Materials
------------------------------------------------------------------------
Chemical analysis, limits in
Designation percent
------------------------------------------------------------------------
Carbon \1\............................... 0.08 max.
Manganese................................ 2.00 max.
Phosphorus............................... 0.045 max.
Sulphur.................................. 0.030 max.
Silicon.................................. 1.00 max.
Nickel................................... 8.00-10.50.
Chromium................................. 18.00-20.00.
Molybdenum............................... None.
Titanium................................. None.
Columbium................................ None.
------------------------------------------------------------------------
\1\ The carbon analysis must be reported to the nearest hundredth of one
percent.
Table 2.--Physical Properties
------------------------------------------------------------------------
Physical
properties
(annealed)
------------------------------------------------------------------------
Tensile strength, p.s.i. (minimum).......................... 75,000
Yield strength, p.s.i. (minimum)............................ 30,000
Elongation in 2 inches (minimum) percent.................... 30.0
Elongation other permissible gauge lengths (minimum) percent 15.0
------------------------------------------------------------------------
Table 3.--Check Analysis Tolerances
----------------------------------------------------------------------------------------------------------------
Tolerance
over the
maximum
Elements Limit or specified range (percent) limit or
under the
minimum
limit
----------------------------------------------------------------------------------------------------------------
Carbon............................... To 0.030, incl............................................. 0.005
Over 0.30 to 0.20, incl.................................... 0.01
Manganese............................ To 1.00 incl............................................... .03
Over 1.00 to 3.00, incl.................................... 0.04
Phosphorus \1\....................... To 0.040, incl............................................. 0.005
Over 0.040 to 0.020 incl................................... 0.010
Sulphur.............................. To .40 incl................................................ 0.005
[[Page 25972]]
Silicon.............................. To 1.00, incl.............................................. 0.05
Nickel............................... Over 5.00 to 10.00, incl................................... 0.10
Over 10.00 to 20.00, incl.................................. 0.15
Chromium............................. Over 15.00 to 20.00, incl.................................. 0.20
----------------------------------------------------------------------------------------------------------------
\1\ Rephosphorized steels not subject to check analysis for phosphorus.
(2) Outer jacket. (i) Nonflammable cryogenic liquids. Cylinders
intended for use in the transportation of nonflammable cryogenic liquid
must have an outer jacket made of steel or aluminum.
(ii) Flammable cryogenic liquids. Cylinders intended for use in the
transportation of flammable cryogenic liquid must have an outer jacket
made of steel.
(p) Markings. (1) Markings must be stamped plainly and permanently
on shoulder or top head of jacket or on a permanently attached plate or
head protective ring.
(2) The letters ``ST'', followed by the design service temperature
(for example, ST-423F), must be marked on cylinders having a design
service temperature of colder than minus 320 deg. F only. Location to
be just below the DOT mark.
(3) The maximum weight of contents, in pounds (for example, ``Max.
Content 51 #''), must be marked on cylinders having a design service
temperature colder than minus 320 deg. F only. Location to be near
symbol.
(4) Special orientation instructions must be marked on the cylinder
(for example, THIS END UP), if the cylinder is used in an orientation
other than vertical with openings at the top of the cylinder.
(5) If the jacket of the cylinder is constructed of aluminum, the
letters ``AL'' must be marked after the service pressure marking.
Example: DOT-4L150 AL.
(6) Except for serial number and jacket material designation, each
marking prescribed in this paragraph (p) must be duplicated on each
cylinder by any suitable means.
(q) Inspector's report. In addition to the information required by
Sec. 178.35, the inspector's reports must contain information on:
(1) The jacket material and insulation type;
(2) The design service temperature
( deg.F); and
(3) The impact test results, on a lot basis.
Sec. 178.58 Specification 4DA welded steel cylinders for aircraft use.
(a) Type, size, and service pressure. A DOT 4DA is a welded steel
sphere (two seamless hemispheres) or a circumferentially welded
cylinder (two seamless drawn shells) with a water capacity not over 100
pounds and a service pressure of at least 500 but not over 900 pounds
per square inch.
(b) Steel. Open-hearth or electric steel of uniform quality must be
used. A heat of steel made under Table 1 in this paragraph (b), check
chemical analysis of which is slightly out of the specified range, is
acceptable, if satisfactory in all other respects, provided the
tolerances shown in Table 2 in this paragraph (b) are not exceeded
except as approved by the Associate Administrator. The following
chemical analyses are authorized:
Table 1.--Authorized Materials
------------------------------------------------------------------------
4130 Percent
------------------------------------------------------------------------
Carbon......................................... 0.28/0.33.
Manganese...................................... 0.40/0.60.
Phosphorus..................................... 0.040 max.
Sulfur......................................... 0.040 max.
Silicon........................................ 0.15/0.35.
Chromium....................................... 0.80/1.10.
Molybdenum..................................... 0.15/0.25.
------------------------------------------------------------------------
Table 2.--Check Analysis Tolerances
----------------------------------------------------------------------------------------------------------------
Tolerance (percent) over
the maximum limit or
under the minimum limit
Element Limit or maximum specified (percent) -------------------------
Under Over
minimum maximum
limit limit
----------------------------------------------------------------------------------------------------------------
Carbon......................... Over 0.15 to 0.40 incl............................... .03 .04
Manganese...................... To 0.60 incl......................................... .03 .03
Phosphorus\1\.................. All ranges........................................... ........... .01
Sulphur........................ All ranges........................................... ........... .01
Silicon........................ To 0.30 incl......................................... .02 .03
Over 0.30 to 1.00 incl............................... .05 .05
Chromium....................... To 0.90 incl......................................... .03 .03
Over 0.90 to 2.10 incl............................... .05 .05
Molybdenum..................... To 0.20 incl......................................... .01 .01
[[Page 25973]]
Over 0.20 to 0.40, incl.............................. .02 .02
----------------------------------------------------------------------------------------------------------------
\1\ Rephosphorized steels not subject to check analysis for phosphorus.
(c) Identification of material. Materials must be identified by any
suitable method except that plates and billets for hot-drawn containers
must be marked with the heat number.
(d) Manufacture. Cylinders must be manufactured in accordance with
the following requirements:
(1) By best appliances and methods. No defect is acceptable that is
likely to weaken the finished container appreciably. A reasonably
smooth and uniform surface finish is required. No abrupt change in wall
thickness is permitted. Welding procedures and operators must be
qualified in accordance with CGA Pamphlet C-3.
(2) All seams of the sphere or cylinders must be fusion welded.
Seams must be of the butt or joggle butt type and means must be
provided for accomplishing complete penetration of the joint.
(e) Welding. Attachments to the container are authorized by fusion
welding provided that such attachments are made of weldable steel, the
carbon content of which may not exceed 0.25 percent except in the case
of 4130 steel.
(f) Wall thickness. The minimum wall thickness must be such that
the wall stress at the minimum specified test pressure may not exceed
67 percent of the minimum tensile strength of the steel as determined
from the physical and burst tests required and may not be over 70,000
p.s.i. For any diameter container, the minimum wall thickness is 0.040
inch. Calculations must be made by the formulas in (f)(1) or (f)(2) of
this section:
(1) Calculation for a sphere must be made by the following formula:
S=PD/4tE
Where:
S=wall stress in pounds per square inch;
P=test pressure prescribed for water jacket test, i.e., at least 2
times service pressure, in pounds per square inch;
D=outside diameter in inches;
t=minimum wall thickness in inches;
E=0.85 (provides 85 percent weld efficiency factor which must be
applied in the girth weld area and heat affected zones which zone must
extend a distance of 6 times wall thickness from center line of weld);
E=1.0 (for all other areas).
(2) Calculation for a cylinder must be made by the following
formula:
S=[P(1.3D 2+0.4d 2)]/(D 2-d 2)
Where:
S=wall stress in pounds per square inch;
P=test pressure prescribed for water jacket test, i.e., at least 2
times service pressure, in pounds per square inch;
D=outside diameter in inches;
d=inside diameter in inches.
(g) Heat treatment. The completed containers must be uniformly and
properly heat-treated prior to tests. Heat-treatment of containers of
the authorized analysis must be as follows:
(1) All containers must be quenched by oil, or other suitable
medium except as provided in paragraph (g)(4) of this section.
(2) The steel temperature on quenching must be that recommended for
the steel analysis, but may not exceed 1,750 deg. F.
(3) The steel must be tempered at the temperature most suitable for
the analysis except that in no case shall the tempering temperature be
less than 1,000 deg. F.
(4) The steel may be normalized at a temperature of 1,650 deg. F
instead of being quenched, and containers so normalized need not be
tempered.
(5) All cylinders, if water quenched or quenched with a liquid
producing a cooling rate in excess of 80 percent of the cooling rate of
water, must be inspected by the magnetic particle or dye penetrant
method to detect the presence of quenching cracks. Any cylinder found
to have a quench crack must be rejected and may not be requalified.
(h) Openings in container. Openings in the container must comply
with the following requirements:
(1) Each opening in the container must be provided with a fitting,
boss, or pad of weldable steel securely attached to the container by
fusion welding.
(2) Attachments to a fitting, boss, or pad must be adequate to
prevent leakage. Threads must comply with the following:
(i) Threads must be clean cut, even, without checks, and tapped to
gauge.
(ii) Taper threads to be of length not less than as specified for
American Standard taper pipe threads.
(iii) Straight threads, having at least 4 engaged threads, to have
tight fit and calculated shear strength at least 10 times the test
pressure of the container; gaskets required, adequate to prevent
leakage.
(i) Hydrostatic test. Each cylinder must successfully withstand a
hydrostatic test as follows:
(1) The test must be by water-jacket, or other suitable method,
operated so as to obtain accurate data. The pressure gauge must permit
reading to an accuracy of 1 percent. The expansion gauge must permit
reading of total expansion to accuracy either of 1 percent or 0.1 cubic
centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to ensure complete expansion. Any internal pressure
applied after heat-treatment and previous to the official test may not
exceed 90 percent of the test pressure. If, due to failure of the test
apparatus, the test pressure cannot be maintained, the test may be
repeated at a pressure increased by 10 percent or 100 pounds per square
inch, whichever is the lower.
(3) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
(4) Each container must be tested to at least 2 times service
pressure.
(j) Burst test. One container taken at random out of 200 or less
must be hydrostatically tested to destruction. The rupture pressure
must be included as part of the inspector's report.
(k) Flattening test. Spheres and cylinders must be subjected to a
flattening test as follows:
(1) Flattening test for spheres. One sphere taken at random out of
each lot of 200 or less must be subjected to a flattening test as
follows:
(i) The test must be performed after the hydrostatic test.
(ii) The test must be at the weld between the parallel steel plates
on a
[[Page 25974]]
press with a welded seam, at right angles to the plates. Any projecting
appurtenances may be cut off (by mechanical means only) prior to
crushing.
(2) Flattening test for cylinders. One cylinder taken at random out
of each lot of 200 or less, must be subjected to a flattening test as
follows:
(i) The test must be performed after the hydrostatic test.
(ii) The test must between knife edges, wedge shaped, 60 deg.
angle, rounded to \1/2\ inch radius; test
(l) Radiographic inspection. Radiographic examinations is required
on all welded joints which are subjected to internal pressure, except
that at the discretion of the disinterested inspector, openings less
than 25 percent of the sphere diameter need not be subjected to
radiographic inspection. Evidence of any defects likely to seriously
weaken the container must be cause for rejection.
(m) Physical test and specimens for spheres and cylinders. Spheres
and cylinders must be subjected to a physical test as follows:
(1) A physical test for a sphere is required on 2 specimens cut
from a flat representative sample plate of the same heat taken at
random from the steel used to produce the sphere. This flat steel from
which the 2 specimens are to be cut must receive the same heat-
treatment as the spheres themselves. Sample plates to be taken for each
lot of 200 or less spheres.
(2) Specimens for spheres have a gauge length of 2 inches with a
width not over 1\1/2\ inches, or a gauge length at least 24 times
thickness with a width not over 6 times thickness is authorized when
wall of sphere is not over \3/16\ inch thick.
(3) A physical test for cylinders is required on 2 specimens cut
from 1 cylinder taken at random out of each lot of 200 or less.
(4) Specimens for cylinder must conform to the following:
(i) 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, a gauge
length at least 24 times thickness with a width not over 6 times
thickness is authorized when a cylinder wall is not over \3/16\ inch
thick.
(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) Heating of a specimen for any purpose is not authorized.
(5) 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 ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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
must be set while the specimen is under a stress of 12,000 pounds per
square inch and the strain indicator reading being 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.
(n) Acceptable results for physical, flattening, and burst tests.
The following are acceptable results of the physical, flattening and
burst test:
(1) Elongation must be at least 20 percent for a 2-inch gauge
length or 10 percent in other cases.
(2) Flattening is required to 50 percent of the original outside
diameter without cracking.
(3) Burst pressure must be at least 3 times service pressure.
(o) Rejected containers. Reheat-treatment of rejected cylinders is
authorized. Subsequent thereto, containers must pass all prescribed
tests to be acceptable. Repair of welded seams by welding prior to
reheat-treatment is authorized.
(p) Marking. Markings on each container must be stamped plainly and
permanently on a permanent attachment or on a metal nameplate
permanently secured to the container by means other than soft solder.
Sec. 178.59 Specification 8 steel cylinders with porous fillings for
acetylene.
(a) Type and service pressure. A DOT 8 cylinder is a seamless
cylinder with a service pressure of 250 pounds per square inch. The
following steel is authorized:
(1) A longitudinal seam if forge lap welded;
(2) Attachment of heads by welding or by brazing by dipping
process; or
(3) A welded circumferential body seam if the cylinder has no
longitudinal seam.
(b) Steel. Open-hearth, electric or basic oxygen process steel of
uniform quality must be used. Content percent may not exceed the
following: Carbon, 0.25; phosphorus, 0.045; sulphur, 0.050.
(c) Identification of steel. Materials must be identified by any
suitable method except that plates and billets for hot-drawn 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. No defect is acceptable that is
likely to weaken the finished cylinder appreciably. A reasonably smooth
and uniform surface finish is required. Welding procedures and
operators must be qualified in accordance with CGA Pamphlet C-3.
(e) Exposed bottom welds. Exposed bottom welds on cylinders over 18
inches long must be protected by footrings.
(f) Heat treatment. Body and heads formed by drawing or pressing
must be uniformly and properly heat treated prior to tests.
(g) Openings. Openings in the cylinders must comply with the
following:
(1) Standard taper pipe threads are required;
(2) Length may not be less than as specified for American Standard
pipe threads; tapped to gauge; clean cut, even, and without checks.
(h) Hydrostatic test. Each cylinder must successfully withstand a
hydrostatic test as follows:
(1) The test must be by water-jacket, or other suitable method,
operated so as to obtain accurate data. The pressure gauge must permit
reading to an accuracy of 1 percent. The expansion gauge must permit
reading of total expansion to an accuracy of either 1 percent or 0.1
cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to ensure complete expansion. Any internal pressure
applied after heat-treatment and previous to the official test may not
exceed 90 percent of the test pressure.
(3) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
(4) One cylinder out of each lot of 200 or less must be
hydrostatically tested to at least 750 pounds per square inch.
Cylinders not so tested must be examined under pressure of between 500
and 600 pounds per square inch and show no defect. If hydrostatically
[[Page 25975]]
tested cylinder fails, each cylinder in the lot may be hydrostatically
tested and those passing are acceptable.
(i) Leakage test. Cylinders with bottoms closed in by spinning must
be subjected to a leakage test by setting the interior air or gas
pressure to not less than the service pressure. Cylinders which leak
must be rejected.
(j) Physical test. A physical test must be conducted as follows:
(1) The test is required on 2 specimens cut longitudinally from 1
cylinder or part thereof taken at random out of each lot of 200 or
less, after heat treatment.
(2) Specimens must conform to a gauge length of 8 inches with a
width not over 1\1/2\ inches, a gauge length of 2 inches with width not
over 1\1/2\, or a gauge length at least 24 times thickness with a width
not over 6 times thickness is authorized when a cylinder wall is not
over \3/16\ inch thick.
(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 ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E8.
(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
offset.
(iii) For the purpose of strain measurement, the initial strain
must be set while the specimen is under a stress of 12,000 pounds per
square inch and the strain indicator reading being 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.
(4) Yield strength may not exceed 73 percent of tensile strength.
Elongation must be at least 40 percent in 2 inch or 20 percent in other
cases.
(k) Rejected cylinders. Reheat treatment of rejected cylinder is
authorized. Subsequent thereto, cylinders must pass all prescribed
tests to be acceptable. Repair by welding is authorized.
(l) Porous filling. (1) Cylinders must be filled with a porous
material in accordance with the following:
(i) The porous material may not disintegrate or sag when wet with
solvent or when subjected to normal service;
(ii) The porous filling material must be uniform in quality and
free of voids, except that a well drilled into the filling material
beneath the valve is authorized if the well is filled with a material
of such type that the functions of the filling material are not
impaired;
(iii) Overall shrinkage of the filling material is authorized if
the total clearance between the cylinder shell and filling material,
after solvent has been added, does not exceed \1/2\ of 1 percent of the
respective diameter or length, but not to exceed \1/8\ inch, measured
diametrically and longitudinally;
(iv) The clearance may not impair the functions of the filling
material;
(v) The installed filling material must meet the requirements of
CGA Pamphlet C-12; and
(vi) Porosity of filling material may not exceed 80 percent except
that filling material with a porosity of up to 92 percent may be used
when tested with satisfactory results in accordance with CGA Pamphlet
C-12.
(2) When the porosity of each cylinder is not known, a cylinder
taken at random from a lot of 200 or less must be tested for porosity.
If the test cylinder fails, each cylinder in the lot may be tested
individually and those cylinders that pass the test are acceptable.
(3) For filling that is molded and dried before insertion in
cylinders, porosity test may be made on a sample block taken at random
from material to be used.
(4) The porosity of the filling material must be determined. The
amount of solvent at 70 deg. F for a cylinder:
(i) Having shell volumetric capacity above 20 pounds water capacity
(nominal) may not exceed the following:
------------------------------------------------------------------------
Maximum
acetone
solvent
Percent porosity of filler percent
shell
capacity by
volume
------------------------------------------------------------------------
90 to 92................................................... 43.4
87 to 90................................................... 42.0
83 to 87................................................... 40.0
80 to 83................................................... 38.6
75 to 80................................................... 36.2
70 to 75................................................... 33.8
65 to 70................................................... 31.4
------------------------------------------------------------------------
(ii) Having volumetric capacity of 20 pounds or less water capacity
(nominal), may not exceed the following:
------------------------------------------------------------------------
Maximum
acetone
solvent
Percent porosity of filler percent
shell
capacity by
volume
------------------------------------------------------------------------
90 to 92................................................... 41.8
83 to 90................................................... 38.5
80 to 83................................................... 37.1
75 to 80................................................... 34.8
70 to 75................................................... 32.5
65 to 70................................................... 30.2
------------------------------------------------------------------------
(m) Tare weight. The tare weight is the combined weight of the
cylinder proper, porous filling, valve, and solvent, without removable
cap.
(n) Duties of inspector. In addition to the requirements of
Sec. 178.35, the inspector is required to--
(1) Certify chemical analyses of steel used, signed by manufacturer
thereof; also verify by, check analyses of samples taken from each heat
or from 1 out of each lot of 200 or less, plates, shells, or tubes
used.
(2) Verify compliance of cylinder shells with all shell
requirements; inspect inside before closing in both ends; verify heat
treatment as proper; obtain all samples for all tests and for check
analyses; witness all tests; verify threads by gauge; report volumetric
capacity and minimum thickness of wall noted.
(3) Prepare report on manufacture of steel shells in form
prescribed in Sec. 178.35. Furnish one copy to manufacturer and three
copies to the company that is to complete the cylinders.
(4) Determine porosity of filling and tare weights; verify
compliance of marking with prescribed requirements; obtain necessary
copies of steel shell reports; and furnish complete reports required by
this specification to the person who has completed the manufacture of
the cylinders and, upon request, to the purchaser. The test reports
must be retained by the inspector for fifteen years from the original
test date of the cylinder.
(o) Marking. (1) Marking on each cylinder must be stamped plainly
and permanently on or near the shoulder, top head, neck or valve
protection collar which is permanently attached to the cylinder and
forming integral part thereof.
(2) Tare weight of cylinder, in pounds and ounces, must be marked
on the cylinder.
(3) Cylinders, not completed, when delivered must each be marked
for identification of each lot of 200 or less.
[[Page 25976]]
Sec. 178.60 Specification 8AL steel cylinders with porous fillings for
acetylene.
(a) Type and service pressure. A DOT 8AL cylinder is a seamless
steel cylinder with a service pressure of 250 pounds per square inch.
However, the attachment of heads by welding or by brazing by dipping
process and a welded circumferential body seam is authorized.
Longitudinal seams are not authorized.
(b) Authorized steel. The authorized steel is as specified in Table
I of Appendix A to this part.
(c) Identification of steel. Material must be identified by any
suitable method except that plates and billets for hot-drawn cylinders
must be marked with 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. No defect is permitted that is likely
to weaken the finished cylinder appreciably. A reasonably smooth and
uniform surface finish is required. Welding procedures and operators
must be qualified in accordance with CGA Pamphlet C-3.
(e) Footrings. Exposed bottom welds on cylinders over 18 inches
long must be protected by footrings.
(f) Welding or brazing. Welding or brazing for any purpose
whatsoever is prohibited except as follows:
(1) The attachment to the tops or bottoms of cylinders of
neckrings, footrings, handlers, bosses, pads, and valve protecting
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.
(2) Heat treatment is not required after welding or brazing
weldable low carbon parts to attachments, specified in paragraph (f)(1)
of this section, of similar material which have been previously welded
or brazed to the top or bottom of cylinders and properly heat treated,
provided such subsequent welding or brazing does not produce a
temperature in excess of 400 deg. F in any part of the top or bottom
material.
(g) Wall thickness; wall stress. The wall thickness/wall stress of
the cylinder must conform to the following:
(1) The calculated wall stress at 750 pounds per square inch may
not exceed 35,000 pounds per square inch, or one-half of the minimum
ultimate strength of the steel as determined in paragraph (l) of this
section, whichever value is the smaller. The measured wall thickness
may not include galvanizing or other protective coating.
(i) Calculation of wall stress must be made by the formula:
S=[P(1.3D2+0.4d2)]/(D2-d2)
Where:
S=wall stress in pounds per square inch;
P=750 pounds per square inch (minimum test pressure);
D=outside diameter in inches;
d=inside diameter in inches.
(ii) Either D or d must be calculated from the relation D = d + 2t,
where t = minimum wall thickness.
(2) Cylinders with a wall thickness less than 0.100 inch, the ratio
of straight side wall length to outside diameter may not exceed 3.5.
(3) For cylinders having outside diameter over 5 inches, the
minimum wall thickness must be 0.087 inch.
(h) Heat treatment. Each cylinder must be uniformly and properly
heat treated, prior to tests, by any suitable method in excess of
1100 deg. F. 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. Liquid quenching
is not authorized.
(i) Openings. Standard taper pipe threads required in all openings.
The length of the opening may not be less than as specified for
American Standard pipe threads; tapped to gauge; clean cut, even, and
without checks.
(j) Hydrostatic test. Each cylinder must successfully withstand a
hydrostatic test as follows:
(1) The test must be by water-jacket, or other suitable method,
operated so as to obtain accurate data. The pressure gauge must permit
reading to an accuracy of 1 percent. The expansion gauge must permit
reading of total expansion to an accuracy of either 1 percent or 0.1
cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to ensure complete expansion. Any internal pressure
applied after heat-treatment and previous to the official test may not
exceed 90 percent of the test pressure.
(3) Permanent volumetric expansion may not exceed 10 percent of
total volumetric expansion at test pressure.
(4) One cylinder out of each lot of 200 or less must be
hydrostatically tested to at least 750 pounds per square inch.
Cylinders not so tested must be examined under pressure of between 500
and 600 pounds per square inch and show no defect. If a hydrostatically
tested cylinder fails, each cylinder in the lot may be hydrostatically
tested and those passing are acceptable.
(k) Leakage test. Cylinders with bottoms closed in by spinning must
be leakage tested by setting the interior air or gas pressure at not
less than the service pressure. Any cylinder that leaks must be
rejected.
(l) Physical test. A physical test must be conducted as follows;
(1) The test is required on 2 specimens cut longitudinally from 1
cylinder or part thereof taken at random out of each lot of 200 or
less, after heat treatment.
(2) Specimens must conform to a gauge length of 8 inches with a
width not over 1\1/2\ inches, a gauge length 2 inches with a width not
over 1 \1/2\ inches, or a gauge length at least 24 times thickness with
a width not over 6 times thickness is authorized when a cylinder wall
is not over \3/16\ inch thick.
(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 ``offset''
method or the ``extension under load'' method as prescribed in ASTM
Standard E 8.
(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
offset.
(iii) For the purpose of strain measurement, the initial strain
must be set while the specimen is under a stress of 12,000 pounds per
square inch, the strain indicator reading being 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.
(m) Elongation. Physical test specimens must show at least a 40
percent elongation for a 2 inch gauge length or at least a 20 percent
elongation in other cases. Except that these elongation percentages may
be reduced numerically by 2 for 2 inch specimens and 1 in other cases
for each 7,500 pounds per square inch increment of tensile strength
above 50,000 pounds per square inch to a maximum of four such
increments.
[[Page 25977]]
(n) Weld tests. Specimens taken across the circumferentially welded
seam must be cut from one cylinder taken at random from each lot of 200
or less cylinders after heat treatment and must pass satisfactorily the
following tests:
(1) Tensile test. A specimen must be cut from one cylinder of each
lot of 200 or less, or welded test plate. The specimen must be taken
from across the major seam and must be prepared and tested in
accordance with and must meet the requirements of CGA Pamphlet C-3.
Should this specimen fail to meet the requirements, specimens may be
taken from two additional cylinders or welded test plates from the same
lot and tested. If either of the latter specimens fail to meet the
requirements, the entire lot represented must be rejected.
(2) Guided bend test. A root bend test specimen must be cut from
the cylinder or welded test plate, used for the tensile test specified
in paragraph (n)(1) of this section. Specimens must be prepared and
tested in accordance with and must meet the requirements of CGA
Pamphlet C-3.
(3) Alternate guided-bend test. This test may be used and must be
as required by CGA Pamphlet 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 gage 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 pounds per square inch, as
provided in paragraph (m) of this section.
(o) Rejected cylinders. Reheat treatment of rejected cylinders is
authorized. Subsequent thereto, cylinders must pass all prescribed
tests to be acceptable. Repair by welding is authorized.
(p) Porous filling. (1) Cylinders must be filled with a porous
material in accordance with the following:
(i) The porous material may not disintegrate or sag when wet with
solvent or when subjected to normal service;
(ii) The filling material must be uniform in quality and free of
voids, except that a well drilled into the filling material beneath the
valve is authorized if the well is filled with a material of such type
that the functions of the filling material are not impaired;
(iii) Overall shrinkage of the filling material is authorized if
the total clearance between the cylinder shell and filling material,
after solvent has been added, does not exceed \1/2\ of 1 percent of the
respective diameter or length but not to exceed \1/8\ inch, measured
diametrically and longitudinally;
(iv) The clearance may not impair the functions of the filling
material;
(v) The installed filling material must meet the requirements of
CGA Pamphlet C-12; and
(vi) Porosity of filling material may not exceed 80 percent except
that filling material with a porosity of up to 92 percent may be used
when tested with satisfactory results in accordance with CGA Pamphlet
C-12.
(2) When the porosity of each cylinder is not known, a cylinder
taken at random from a lot of 200 or less must be tested for porosity.
If the test cylinder fails, each cylinder in the lot may be tested
individually and those cylinders that pass the test are acceptable.
(3) For filling that is molded and dried before insertion in
cylinders, porosity test may be made on sample block taken at random
from material to be used.
(4) The porosity of the filling material must be determined; the
amount of solvent at 70 deg. F for a cylinder:
(i) Having shell volumetric capacity above 20 pounds water capacity
(nominal) may not exceed the following:
------------------------------------------------------------------------
Maximum
acetone
solvent
percent
Percent porosity of filler shell
capacity
by
volume
------------------------------------------------------------------------
90 to 92...................................................... 43.4
87 to 90...................................................... 42.0
83 to 87...................................................... 40.0
80 to 83...................................................... 38.6
75 to 80...................................................... 36.2
70 to 75...................................................... 33.8
65 to 70...................................................... 31.4
------------------------------------------------------------------------
(ii) Having volumetric capacity of 20 pounds or less water capacity
(nominal), may not exceed the following:
------------------------------------------------------------------------
Maximum
acetone
solvent
percent
Percent porosity of filler shell
capacity
by
volume
------------------------------------------------------------------------
90 to 92...................................................... 41.8
83 to 90...................................................... 38.5
80 to 83...................................................... 37.1
75 to 80...................................................... 34.8
70 to 75...................................................... 32.5
65 to 70...................................................... 30.2
------------------------------------------------------------------------
(q) Tare weight. The tare weight is the combined weight of the
cylinder proper, porous filling, valve, and solvent, but without
removable cap.
(r) Duties of inspector. In addition to the requirements of
Sec. 178.35, the inspector shall--
(1) Certify chemical analyses of steel used, signed by manufacturer
thereof; also verify by check analyses, of samples taken from each heat
or from 1 out of each lot of 200 or less plates, shells, or tubes used.
(2) Verify compliance of cylinder shells with all shell
requirements, inspect inside before closing in both ends, verify heat
treatment as proper; obtain all samples for all tests and for check
analyses, witness all tests; verify threads by gauge, report volumetric
capacity and minimum thickness of wall noted.
(3) Report percentage of each specified alloying element in the
steel. Prepare report on manufacture of steel shells in form prescribed
in Sec. 178.35. Furnish one copy to manufacturer and three copies to
the company that is to complete the cylinders.
(4) Determine porosity of filling and tare weights; verify
compliance of marking with prescribed requirements; obtain necessary
copies of steel shell reports prescribed in paragraph (b) of this
section; and furnish complete test reports required by this
specification to the person who has completed the manufacturer of the
cylinders and, upon request, to the purchaser. The test reports must be
retained by the inspector for fifteen years from the original test date
of the cylinder.
(s) Marking. (1) Tare weight of cylinder, in pounds and ounces,
must be marked on the cylinder.
(2) Cylinders, not completed, when delivered must each be marked
for identification of each lot of 200 or less.
(3) Markings must be stamped plainly and permanently in locations
in accordance with the following:
(i) On shoulders and top heads not less than 0.087 inch thick; or
(ii) On neck, valve boss, valve protection sleeve, or similar part
permanently attached to the top end of cylinder; or
(iii) On a plate of ferrous material attached to the top of the
cylinder or permanent part thereof; the plate must be at least \1/16\
inch thick, and must be attached by welding, or by brazing at a
temperature of at least 1,100 deg.F throughout all edges of the plate.
Sufficient space must be left on the plate to provide for stamping at
least four (4) retest dates. Sec. 178.61 Specification 4BW welded steel
cylinders with electric-arc welded longitudinal seam.
[[Page 25978]]
(a) Type, size and service pressure. A DOT 4BW cylinder is a welded
type steel cylinder with a longitudinal electric-arc welded seam, a
water capacity (nominal) not over 1,000 pounds and a service pressure
at least 225 and not over 500 pounds per square inch gauge. Cylinders
closed in by spinning process are not authorized.
(b) Authorized steel. Steel used in the construction of the
cylinder must conform to the following:
(1) The body of the cylinder must be constructed of steel
conforming to the limits specified in Table I of Appendix A to this
part.
(2) Material for heads must meet the requirements of paragraph (a)
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 p.s.i. in the
formula described in paragraph (f)(1) of this section.
(c) Identification of material. Material must be identified by any
suitable method.
(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 lap with minimum
overlap of at least four times nominal sheet thickness.
(3) Longitudinal seams in shells must conform to the following:
(i) Longitudinal electric-arc welded seams 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\ 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.
(ii) Maximum joint efficiency must be 1.0 when each seam is
radiographed completely. Maximum joint efficiency must be 0.90 when one
cylinder from each lot of 50 consecutively welded cylinders is spot
radiographed. In addition, one out of the first five cylinders welded
following a shut down of welding operations exceeding four hours must
be spot radiographed. 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 efficacy of 0.75 must be permissible without radiography.
(4) Welding procedures and operators must be qualified in
accordance with CGA Pamphlet C-3.
(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) Wall thickness. For outside diameters over 6 inches the minimum
wall thickness must be 0.078 inch. For a cylinder with a wall thickness
less than 0.100 inch, the ratio of tangential length to outside
diameter may not exceed 4 to1 (4:1). In any case the minimum wall
thickness must be such that the wall stress calculated by the formula
listed in paragraph (f)(4) of this section may not exceed the lesser
value of any of the following:
(1) The value referenced in paragraph (b) of this section for the
particular material under consideration.
(2) One-half of the minimum tensile strength of the material
determined as required in paragraph (m) of this section.
(3) 35,000 pounds per square inch.
(4) Stress must be calculated by the following formula:
S=[2P(1.3D2+0.4d2)]/[E(D2-d2)]
where:
S=wall stress, p.s.i.;
P=service pressure, p.s.i.;
D=outside diameter, inches;
d=inside diameter, inches;
E=joint efficiency of the longitudinal seam (from paragraph (d) of this
section).
(g) Heat treatment. Each cylinder must be uniformly and properly
heat treated prior to test by the applicable method referenced in
paragraph (b) of this section. Heat treatment must be accomplished
after all forming and welding operations. Heat treatment is not
required after welding or brazing 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 or brazing does not produce a temperature in excess
of 400 deg. F in any part of the top or bottom material.
(h) Openings in cylinders. Openings in the cylinder must conform to
the following:
(1) All openings must be in the heads or bases.
(2) Openings in cylinders must be provided with adequate fittings,
bosses, or pads, integral with or securely attached to the cylinder by
welding.
(3) Threads must comply with the following:
(i) Threads must be clean cut and 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 4 engaged threads, to have
tight fit and calculated shear strength at least 10 times the test
pressure of the cylinder; gaskets required, adequate to prevent
leakage.
(4) Closure of fittings, boss or pads must be adequate to prevent
leakage.
(i) Hydrostatic test. Cylinders must withstand a hydrostatic test,
as follows:
(1) The test must be by water-jacket, or other suitable method,
operated so as to obtain accurate data. The pressure gauge must permit
readings to an accuracy of 1 percent. The expansion gauge must permit
readings of total volumetric expansion to an accuracy either of 1
percent or 0.1 cubic centimeter.
(2) Pressure must be maintained for at least 30 seconds and
sufficiently longer to ensure complete expansion. Any internal pressure
applied after heat treatment and previous to the official test may not
exceed 90 percent of the test pressure.
(3) Permanent volumetric expansion may not exceed 10 percent of the
total volumetric expansion at test pressure.
(4) Cylinders must be tested as follows:
(i) At least 1 cylinder selected at random out of each lot of 200
or less
[[Page 25979]]
must be tested as outlined in paragraphs (i)(1), (i)(2), and (i)(3) of
this section to at least two times service pressure.
(ii) All cylinders not tested as outlined in paragraph (i)(4)(i) of
this section must be examined under pressure of at least two times
service pressure and show no defect.
(5) One finished cylinder selected at random out of each lot of 500
or less successively produced must be hydrostatically tested to 4 times
service pressure without bursting.
(j) Physical tests. Cylinders must be subjected to a physical test
as follows:
(1) Specimens must be taken from one cylinder after heat treatment
and chosen at random from each lot of 200 or less, 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) 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 24 times thickness with a width not over 6
times thickness is authorized when a cylinder wall is not over \3/16\
inch thick.
(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 so taken and prepared, the inspector's report must
show in connection with 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 Standard E8.
(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
pounds per square inch and the strain indicator reading being 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.
(k) Elongation. Physical test specimens must show at least a 40
percent elongation for a 2-inch gauge length or at least a 20 percent
elongation in other cases. Except that these elongation percentages may
be reduced numerically by 2 for 2-inch specimens and by 1 in other
cases for each 7,500 pounds per square inch increment of tensile
strength above 50,000 pounds per square inch to a maximum of four
increments.
(l) Tests of welds. Welds must be subjected to the following tests:
(1) Tensile test. A specimen must be cut from one cylinder of each
lot of 200 or less. The specimen must be taken from across the
longitudinal seam and must be prepared and tested in accordance with
and must meet the requirements of CGA Pamphlet C-3.
(2) Guided bend test. A root test specimen must be cut from the
cylinder used for the tensile test specified in paragraph (l)(1) of
this section. Specimens must be taken from across the longitudinal seam
and must be prepared and tested in accordance with and must meet the
requirements of CGA Pamphlet C-3.
(3) Alternate guided bend test. This test may be used and must be
as required by CGA Pamphlet 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 pounds per square inch, as
provided in paragraph (k) of this section.
(m) Radiographic examination. Welds of the cylinders must be
subjected to a radiographic examination as follows:
(1) Radiographic inspection must conform to the techniques and
acceptability criteria set forth in CGA Pamphlet C-3. When fluoroscopic
inspection is used, permanent film records need not be retained.
(2) Should spot radiographic examination fail to meet the
requirements of paragraph (m)(1) of this section, two additional welds
from the same lot of 50 cylinders or less must be examined, and if
either of these fail to meet the requirements, each cylinder must be
examined as previously outlined; only those passing are acceptable.
(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 rejected cylinders is authorized.
Subsequent thereto, cylinders must pass all prescribed tests to be
acceptable. Repair of welded seams by welding is authorized provided
that all defective metal is cut away and the joint is rewelded as
prescribed for original welded joints.
(o) Markings. Markings must be stamped plainly and permanently in
any of the following locations on the cylinder:
(1) On shoulders and top heads when they are not less than 0.087-
inch thick.
(2) On a metal 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, or by brazing.
The brazing rod is to melt at a temperature of 1100 deg.F Welding or
brazing must be along all the edges of the plate.
(3) On the neck, valve boss, valve protection sleeve, or similar
part permanently attached to the top of the cylinder.
(4) On the footring permanently attached to the cylinder, provided
the water capacity of the cylinder does not exceed 25 pounds.
(p) 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.
[[Page 25980]]
Sec. 178.65 Specification 39 non-reusable (non-refillable) cylinders.
(a) Type, size, service pressure, and test pressure. A DOT 39
cylinder is a seamless, welded, or brazed cylinder with a service
pressure not to exceed 80 percent of the test pressure. Spherical
pressure vessels are authorized and covered by references to cylinders
in this specification.
(1) Size limitation. Maximum water capacity may not exceed: (i) 55
pounds (1,526 cubic inches) for a service pressure of 500 p.s.i.g. or
less, and (ii) 10 pounds (277 cubic inches) for a service pressure in
excess of 500 p.s.i.g.
(2) Test pressure. The minimum test pressure is the maximum
pressure of contents at 130 deg. F or 180 p.s.i.g. whichever is
greater.
(3) Pressure of contents. The term ``pressure of contents'' as used
in this specification means the total pressure of all the materials to
be shipped in the cylinder.
(b) Material; steel or aluminum. The cylinder must be constructed
of either steel or aluminum conforming to the following requirements:
(1) Steel. (i) The steel analysis must conform to the following:
------------------------------------------------------------------------
Ladle Check
analysis analysis
------------------------------------------------------------------------
Carbon, maximum percent............................. 0.12 0.15
Phosphorus, maximum percent......................... .04 .05
Sulfur, maximum percent............................. .05 .06
------------------------------------------------------------------------
(ii) For a cylinder made of seamless steel tubing with integrally
formed ends, hot drawn, and finished, content percent for the following
may not exceed: Carbon, 0.55; phosphorous, 0.045; sulfur, 0.050.
(iii) For non-heat treated welded steel cylinders, adequately
killed deep drawing quality steel is required.
(iv) Longitudinal or helical welded cylinders are not authorized
for service pressures in excess of 500 p.s.i.g.
(2) Aluminum. Aluminum is not authorized for service pressures in
excess of 500 p.s.i.g. The analysis of the aluminum must conform to the
Aluminum Association standard for alloys 1060, 1100, 1170, 3003, 5052,
5086, 5154, 6061, and 6063 as specified in its publication entitled
``Aluminum Standards and Data''.
(3) Material with seams, cracks, laminations, or other injurious
defects not permitted.
(4) Material used must be identified by any suitable method.
(c) Manufacture. (1) General manufacturing requirements are as
follows:
(i) The surface finish must be uniform and reasonably smooth.
(ii) Inside surfaces must be clean, dry, and free of loose
particles.
(iii) No defect of any kind is permitted if it is likely to weaken
a finished cylinder.
(2) Requirements for seams:
(i) Brazing is not authorized on aluminum cylinders.
(ii) Brazing material must have a melting point of not lower than
1,000 deg.F.
(iii) Brazed seams must be assembled with proper fit to ensure
complete penetration of the brazing material throughout the brazed
joint.
(iv) Minimum width of brazed joints must be at least four times the
thickness of the shell wall.
(v) Brazed seams must have
FR Doc. 96-12029 Restructuring of Cylinder Specifications Requirements
design strength equal to or greater than
1.5 times the minimum strength of the shell wall.
(vi) Welded seams must be properly aligned and welded by a method
that provides clean, uniform joints with adequate penetration.
(vii) Welded joints must have a strength equal to or greater than
the minimum strength of the shell material in the finished cylinder.
(3) Attachments to the cylinder are permitted by any means which
will not be detrimental to the integrity of the cylinder. Welding or
brazing of attachments to the cylinder must be completed prior to all
pressure tests.
(4) Welding procedures and operators must be qualified in
accordance with CGA Pamphlet C-3.
(d) Wall thickness. The minimum wall thickness must be such that
the wall stress at test pressure does not exceed the yield strength of
the material of the finished cylinder wall. Calculations must be made
by the following formulas:
(1) Calculation of the stress for cylinders must be made by the
following formula:
S=[P(1.3D2+0.4d2)]/(D2-d2)
Where:
S=Wall stress, in p.s.i.;
P=Test pressure;
D=Outside diameter, in inches;
d=Inside diameter, in inches.
(2) Calculation of the stress for spheres must be made by the
following formula:
S=PD/4t
Where:
S=Wall stress, in p.s.i.;
P=Test pressure;
D=Outside diameter, in inches;
t=Minimum wall thickness, in inches.
(e) Openings and attachments. Openings and attachments must conform
to the following:
(1) Openings and attachments are permitted on heads only.
(2) All openings and their reinforcements must be within an
imaginary circle, concentric to the axis of the cylinder. The diameter
of the circle may not exceed 80 percent of the outside diameter of the
cylinder. The plane of the circle must be parallel to the plane of a
circumferential weld and normal to the long axis of the cylinder.
(3) Unless a head has adequate thickness, each opening must be
reinforced by a securely attached fitting, boss, pad, collar, or other
suitable means.
(4) Material used for welded openings and attachments must be of
weldable quality and compatible with the material of the cylinder.
(f) Pressure tests. (1) Each cylinder must be tested at an internal
pressure of at least the test pressure and must be held at that
pressure for at least 30 seconds.
(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 any
other defect, while under test, it must be rejected (see paragraph (h)
of this section).
(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 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.
(g) Flattening test. One cylinder must be taken from the beginning
of production of each lot (as defined in paragraph (f)(3) of this
section) and subjected to a flattening test as follows:
(1) The flattening test must be made on a cylinder that has been
tested at test pressure.
[[Page 25981]]
(2) A ring taken from a cylinder may be flattened as an alternative
to a test on a complete cylinder. The test ring may not include the
heat affected zone or any weld. However, for a sphere, the test ring
may include the circumferential weld if it is located at a 45 degree
angle to the ring, +/-5 degrees.
(3) The flattening must be between 60 degrees included-angle, wedge
shaped knife edges, rounded to a 0.5 inch radius.
(4) Cylinders and test rings may not crack when flattened so that
their outer surfaces are not more than six times wall thickness apart
when made of steel or not more than ten times wall thickness apart when
made of aluminum.
(5) If any cylinder or ring cracks when subjected to the specified
flattening test, the lot of cylinders represented by the test must be
rejected (see paragraph (h) of this section).
(h) Rejected cylinders. Rejected cylinders must conform to the
following requirements:
(1) If the cause for rejection of a lot is determinable, and if by
test or inspection defective cylinders are eliminated from the lot, the
remaining cylinders must be qualified as a new lot under paragraphs (f)
and (g) of this section.
(2) Repairs to welds are permitted. Following repair, a cylinder
must pass the pressure test specified in paragraph (f) of this section.
(3) If a cylinder made from seamless steel tubing fails the
flattening test described in paragraph (g) of this section, suitable
uniform heat treatment must be used on each cylinder in the lot. All
prescribed tests must be performed subsequent to this heat treatment.
(i) Markings. (1) The markings required by this section must be
durable and waterproof. The requirements of Sec. 173.24(c)(1) (ii) and
(iv) of this subchapter and Sec. 178.35(h) do not apply to this
section.
(2) Required markings are as follows:
(i) DOT-39.
(ii) NRC.
(iii) The service pressure.
(iv) The test pressure.
(v) The registration number (M****) of the manufacturer.
(vi) The lot number.
(vii) The date of manufacture if the lot number does not establish
the date of manufacture.
(viii) With one of the following statements:
(A) For cylinders manufactured prior to October 1, 1996: ``Federal
law forbids transportation if refilled-penalty up to $25,000 fine and 5
years imprisonment (49 U.S.C. 1809)'' or ``Federal law forbids
transportation if refilled-penalty up to $500,000 fine and 5 years
imprisonment (49 U.S.C. 5124).''
(B) For cylinders manufactured on or after October 1, 1996:
``Federal law forbids transportation if refilled-penalty up to $500,000
fine and 5 years imprisonment (49 U.S.C. 5124).''
(3) The markings required by paragraphs (i)(2)(i) through (i)(2)(v)
of this section must be in numbers and letters at least \1/8\ inch high
and displayed sequentially. For example:
DOT-39 NRC 250/500 M1001.
(4) No person may mark any cylinder with the specification
identification ``DOT-39'' unless it was manufactured in compliance with
the requirements of this section and its manufacturer has a
registration number (M****) from the Associate Administrator.
Sec. 178.68 Specification 4E welded aluminum cylinders.
(a) Type, size and service pressure. A DOT 4E cylinder is a welded
aluminum cylinder with a water capacity (nominal) of not over 1,000
pounds and a service pressure of at least 225 to not over 500 pounds
per square inch. The cylinder must be constructed of not more than two
seamless drawn shells with no more than one circumferential weld. The
circumferential weld may not be closer to the point of tangency of the
cylindrical portion with the shoulder than 20 times the cylinder wall
thickness. Cylinders or shells closed in by spinning process and
cylinders with longitudinal seams are not authorized.
(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 \1\
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
\1\ Analysis must regularly be made only for the elements specifically
mentioned in this 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.
(c) Identification. Material must be identified by any suitable
method that will identify the alloy and manufacturer's lot 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. No defect is permitted that is likely
to weaken the finished cylinder appreciably. A reasonably smooth and
uniform surface finish is required. All welding must be by the gas
shielded arc process.
(e) Welding. The attachment to the tops and bottoms only of
cylinders by welding of neckrings or flanges, footrings, handles,
bosses and 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.
(f) Wall thickness. The wall thickness of the cylinder must conform
to the following:
(1) The minimum wall thickness of the cylinder must be 0.140 inch.
In any case, the minimum wall thickness must be such that calculated
wall stress at twice service pressure may not exceed the lesser value
of either of the following:
(i) 20,000 pounds per square inch.
(ii) One-half of the minimum tensile strength of the material as
required in paragraph (m) of this section.
(2) Calculation must be made by the following formula:
S=[P(1.3D2+0.4d2)]/(D2-d2)
Where:
S=wall stress in pounds per square inch;
P=minimum test pressure prescribed for water jacket test;
D=outside diameter in inches;
d=inside diameter in inches.
(3) Minimum thickness of heads and bottoms may not be less than the
minimum required thickness of the side wall.
(g) Opening in cylinder. Openings in cylinders must conform to the
following:
(1) All openings must be in the heads or bases.
(2) Each opening in cylinders, except those for safety devices,
must be provided with a fitting, boss, or pad, securely attached to
cylinder by welding by inert gas shielded arc process or by threads. If
threads are used, they must comply with the following:
(i) Threads must be clean-cut, even, without checks and cut to
gauge.
(ii) Taper threads to be of length not less than as specified for
American Standard taper pipe threads.
(iii) Straight threads, having at least 4 engaged threads, to have
tight fit and
[[Page 25982]]
calculated shear strength at least 10 times the test pressure of the
cylinder; gaskets required, adequate to prevent leakage.
(3) Closure of a fitting, boss, or pad must be adequate to prevent
leakage.
(h) Hydrostatic test. Each cylinder must successfully withstand a
hydrostatic test, as follows:
(1) The test must be by water jacket, or other suitable method,
operated so as to obtain accurate data. The pressure gauge must permit
reading to an accuracy of 1 percent. The expansion gauge must permit a
reading of the total expansion to an accuracy either of 1 percent or
0.1 cubic centimeter.
(2) Pressure of 2 times service pressure must be maintained for at
least 30 seconds and sufficiently longer to insure complete expansion.
Any internal pressure applied previous to the official test may not
exceed 90 percent of the test pressure. If, due to failure of the test
apparatus, the test pressure cannot be maintained, the test may be
repeated at a pressure increased by 10 percent over the pressure
otherwise specified.
(3) Permanent volumetric expansion may not exceed 12 percent of
total volumetric expansion at test pressure.
(4) Cylinders having a calculated wall stress of 18,000 pounds per
square inch or less at test pressure may be tested as follows:
(i) At least one cylinder selected at random out of each lot of 200
or less must be tested in accordance with paragraphs (h)(1), (h)(2),
and (h)(3) of this section.
(ii) All cylinders not tested as provided in paragraph (h)(4)(i) of
this section must be examined under pressure of at least 2 times
service pressure and show no defect.
(5) One finished cylinder selected at random out of each lot of
1,000 or less must be hydrostatically tested to 4 times the service
pressure without bursting. Inability to meet this requirement must
result in rejection of the lot.
(i) Flattening test. After hydrostatic testing, a flattening test
is required on one section of a cylinder, taken at random out of each
lot of 200 or less as follows:
(1) If the weld is not at midlength of the cylinder, the test
section must be no less in width than 30 times the cylinder wall
thickness. The weld must be in the center of the section. Weld
reinforcement must be removed by machining or grinding so that the weld
is flush with the exterior of the parent metal. There must be no
evidence of cracking in the sample when it is flattened between flat
plates to no more than 6 times the wall thickness.
(2) If the weld is at midlength of the cylinder, the test may be
made as specified in paragraph (i)(1)(i) of this section or must be
made between wedge shaped knife edges (60 deg. angle) rounded to a \1/
2\ inch radius. There must be no evidence of cracking in the sample
when it is flattened to no more than 6 times the wall thickness.
(j) Physical test. A physical test must be conducted to determine
yield strength, tensile strength, elongation, and reduction of area of
material as follows:
(1) The test is required on 2 specimens cut from one cylinder or
part thereof taken at random out of each lot of 200 or less.
(2) Specimens must conform to the following:
(i) 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.
(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 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 so taken and prepared, the inspector's report must
show in connection with record of physical test 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 the ``offset'' method
as prescribed in ASTM Standard E8.
(ii) Cross-head speed of the testing machine may not exceed \1/8\
inch per minute during yield strength determination.
(k) Acceptable results for physical tests. An acceptable result of
the physical test requires 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 cut from the
cylinder used for the physical 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 apparent breaking
stress calculated on the minimum wall thickness must be at least equal
to 2 times the stress calculated under paragraph (f)(2) of this
section, and in addition must have an actual breaking stress of at
least 30,000 pounds per square inch. Should this specimen fail to meet
the requirements, specimens may be taken from 2 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.
(2) Guided bend test. A bend test specimen must be cut from the
cylinder used for the physical tests specified in paragraph (j) of this
section. Specimen must be taken across the seam, must be 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 bent
to refusal in the guided bend test jig illustrated in paragraph 6.10 of
CGA Pamphlet C-3. The root of the weld (inside surface of the cylinder)
must be located away from the ram of the jig. No specimen must 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, specimens may be taken from each of 2 additional
cylinders from the same lot and tested. If either of the latter
specimens fail to meet requirements, the entire lot represented must be
rejected.
(m) Rejected cylinders. Repair of welded seams is authorized.
Acceptable cylinders must pass all prescribed tests.
(n) Inspector's report. In addition to the information required by
Sec. 178.35, the record of chemical analyses must also include
applicable information on iron, titanium, zinc, and magnesium used in
the construction of the cylinder.
Issued in Washington, DC on May 8, 1996, under authority
delegated in 49 CFR Part 1.
Rose McMurray,
Acting Deputy Administrator, Research and Special Programs
Administration.
[FR Doc. 96-12029 Filed 5-22-96; 8:45 am]
BILLING CODE 4910-60-P
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