49cfr178.273
49 CFR Ch. I (10–1–09 Edition) §178.255–14
§178.255–14Marking.
(a) In addition to markings required by Section VIII of the A SME Code (IBR, see §171.7 of this subchapter), every tank shall bear permanent marks at least 1/8-inch high stamped into the metal near the center of one of the tank heads or stamped into a plate per-manently attached to the tank by means of brazing or welding or other suitable means as follows:
Manufacturer’s name lllllll Serial No. llllllllllllllllllll DOT specification llllllllllllll Nominal capacity lllllll (gallons)
Tare weight lllllll (pounds)
Date of manufacture llllllllllll
(b) [Reserved]
[29 FR 18972, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 178–67, 46 FR 49906, Oct. 8, 1981; 68 FR 75750, Dec. 31, 2003]
§178.255–15Report.
(a) A copy of the manufacturer’s data report required by Section VIII of the ASME Code (IBR, see §171.7 of this sub-chapter) under which the tank is fab-ricated must be furnished to the owner for each new tank.
Place ———————————————
Date ————————————————Portable tank
Manufactured for lllllll Company Location llllllllllllllllll Manufactured by lllllll Company Location llllllllllllllllll Consigned to lllllllll Company Location llllllllllllllllll Size lll feet outside diameter by lll long.
Marks on tank as prescribed by §178.255–14 of this specification are as follows: Manufacturer’s name llllllllllll Serial number llllllllllllllll Owner’s serial number lllllllllll DOT specification llllllllllllll ASME Code Symbol (par U–201) lllllll Date of manufacture llllllllllll Nominal capacity lllllll gallons.
It is hereby certified that this tank is in complete compliance with the requirements of DOT specification No. 60.
(Signed) ———————————————
Manufacturer or owner
(b) [Reserved]
[29 FR 18972, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 178–83, 50 FR 11066, Mar. 19, 1985; 68 FR 75750, Dec. 31, 2003] §178.273Approval of Specification UN portable tanks.
(a) Application for approval. (1) A n owner or manufacturer of a portable tank shall apply for approval to a des-ignated approval agency authorized to approve the portable tank in accord-ance with the procedures in subpart E, part 107 of this subchapter.
(2) Each application for approval must contain the following informa-tion:
(i) Two complete copies of all engi-neering drawings, calculations, and test data necessary to ensure that the design meets the relevant specifica-tion.
(ii) The manufacturer’s serial number that will be assigned to each portable tank.
(iii) A statement as to whether the design type has been examined by any approval agency previously and judged unacceptable. A ffirmative statements must be documented with the name of the approval agency, reason for non-acceptance, and the nature of modifica-tions made to the design type.
(b) Action by approval agency. The ap-proval agency must perform the fol-lowing activities:
(1) Review the application for ap-proval to determine whether it is com-plete and conforms with the require-ments of paragraph (a) of this section. If an application is incomplete, it will be returned to the applicant with an explanation as to why the application is incomplete.
(2) Review all drawings and calcula-tions to ensure that the design is in compliance with all requirements of the relevant specification. If the appli-cation is approved, one set of the ap-proved drawings, calculations, and test data shall be returned to the applicant. The second (inspector’s copy) set of ap-proved drawings, calculations, and test data shall be retained by the approval agency. Maintain drawings and ap-proval records for as long as the port-able tank remains in service. The draw-ings and records must be provided to the Department of Transportation (DOT) upon request.
(3) Witness all tests required for the approval of the portable tank specified in this section and part 180, subpart G of this subchapter.
Pipeline and Hazardous Materials Safety Admin., DOT §178.273
(4) Ensure, through appropriate in-spection that each portable tank is fab-ricated in all respects in conformance with the approved drawings, calcula-tions, and test data.
(5) Determine and ensure that the portable tank is suitable for its in-tended use and that it conforms to the requirements of this subchapter.
(6) For UN portable tanks intended for non-refrigerated and refrigerated liquefied gases and Division 6.1 liquids which meet the inhalation toxicity cri-teria (Zone A or B) as defined in §173.132 of this subchapter, or that are designated as toxic by inhalation mate-rials in the §172.101 Table of this sub-chapter, the approval agency must en-sure that:
(i) The portable tank has been de-signed, constructed, certified, and stamped in accordance with the re-quirements in Division 1 of Section VIII of the ASME Code (IBR, see §171.7 of this subchapter). Other design codes may be used if approved by the A sso-ciate Administrator (see §178.274(b)(1)); (ii) A ll applicable provisions of the design and construction have been met to the satisfaction of the designated approval agency in accordance with the rules established in the A SME Code and that the portable tank meets the requirements of the ASME Code and all the applicable requirements specified in this subchapter;
(iii) The inspector has carried out all the inspections specified by the rules established in the ASME Code; and
(iv) The portable tank is marked with a U stamp code symbol under the authority of the authorized inde-pendent inspector.
(7) Upon successful completion of all requirements of this subpart, the ap-proval agency must:
(i) A pply its name, identifying mark or identifying number, and the date upon which the approval was issued, to the metal identification marking plate attached to the portable tank. Any ap-provals for UN portable tanks author-izing design or construction alter-natives (A lternate A rrangements) ap-proved by the Associate Administrator (see §178.274(a)(2)) must be indicated on the plate as specified in §178.274(i).
(ii) Issue an approval certificate for each portable tank or, in the case of a series of identical portable tanks man-ufactured to a single design type, for each series of portable tanks. The ap-proval certificate must include all the information required to be displayed on the metal identification plate required by §178.274(i). The approval certificate must certify that the approval agency designated to approve the portable tank has approved the portable tank in accordance with the procedures in sub-part E of part 107 of this subchapter and that the portable tank is suitable for its intended purpose and meets the requirements of this subchapter. When a series of portable tanks is manufac-tured without change in the design type, the certificate may be valid for the entire series of portable tanks rep-resenting a single design type. For UN portable tanks, the certificate must refer to the prototype test report, the hazardous material or group of haz-ardous materials allowed to be trans-ported, the materials of construction of the shell and lining (when applicable) and an approval number. The approval number must consist of the distin-guishing sign or mark of the country (‘‘USA’’ for the United States of Amer-ica) where the approval was granted and a registration number.
(iii) Retain a copy of each approval certificate.
(8) For UN portable tanks, the ap-proval certificate must also include the following:
(i) The results of the applicable framework and rail impact test speci-fied in part 180, subpart G, of this sub-chapter; and
(ii) The results of the initial inspec-tion and test in §178.274(j).
(9) The approval agency shall be inde-pendent from the manufacturer. The approval agency and the authorized in-spector may be the same entity.
(c) Manufacturers’ responsibilities. The manufacturer is responsible for compli-ance with the applicable specifications for the design and construction of port-able tanks. In addition to responsi-bility for compliance, manufacturers are responsible for ensuring that the contracted approval agency and au-thorized inspector, if applicable, are qualified, reputable and competent. The manufacturer of a portable tank shall—
49 CFR Ch. I (10–1–09 Edition) §178.273
(1) Comply with all the applicable re-quirements of the A SME Code and of this subpart including, but not limited to, ensuring that the quality control, design calculations and required tests are performed and that all aspects of the portable tank meet the applicable requirements.
(2) Obtain and use a designated ap-proval agency, if applicable, and obtain and use a DOT-designated approval agency to approve the design, construc-tion and certification of the portable tank.
(3) Provide a statement in the manu-facturers’ data report certifying that each portable tank that is manufac-tured complies with the relevant speci-fication and all the applicable require-ments of this subchapter.
(4) Maintain records of the qualifica-tion of portable tanks for at least 5 years and provide copies to the ap-proval agency, the owner or lessee of the tank. Upon request, provide these records to a representative of DOT.
(d) Denial of application for approval. If an approval agency finds that a port-able tank cannot be approved for any reason, it shall notify the applicant in writing and shall provide the applicant with the reasons for which the ap-proval is denied. A copy of the notifica-tion letter shall be provided to the As-sociate A dministrator. A n applicant aggrieved by a decision of an approval agency may appeal the decision in writing, within 90 days of receipt, to the Associate Administrator.
(e) Modifications to approved portable tanks. (1) Prior to modification of any UN portable tank which may affect conformance and the safe use of the portable tank, which may involve a change to the design type or which may affect its ability to retain haz-ardous material in transportation, the person desiring to make such modifica-tion shall inform the approval agency that issued the initial approval of the portable tank (or if unavailable, an-other approval agency) of the nature of the modification and request approval of the modification. The person desir-ing to modify the tank must supply the approval agency with three sets of all revised drawings, calculations, and test data relative to the intended modifica-tion.
(2) A statement as to whether the in-tended modification has been examined and determined to be unacceptable by any approval agency. The written statement must include the name of the approving agency, the reason for nonacceptance, and the nature of changes made to the modification since its original rejection.
(3) The approval agency shall review the request for modification, and if it is determined that the proposed modi-fication is in full compliance with the relevant DOT specification, including a UN portable tank, the request shall be approved and the approval agency shall perform the following activities:
(i) Return one set of the approved re-vised drawings, calculations, and test data to the applicant. The second and third sets of the approved revised draw-ings, calculations, and data shall be re-tained by the approval agency as re-quired in §107.404(a)(3) of this sub-chapter.
(ii) Ensure through appropriate in-spection that all modifications con-form to the revised drawings, calcula-tions, and test data.
(iii) Determine the extent to which retesting of the modified tank is nec-essary based on the nature of the pro-posed modification, and ensure that all required retests are satisfactorily per-formed.
(iv) If modification to an approved tank alters any information on the ap-proval certificate, issue a new approval certificate for the modified tank and ensure that any necessary changes are made to the metal identification plate.
A copy of each newly issued approval certificate shall be retained by the ap-proval agency and by the owner of each portable tank.
(4) If the approval agency determines that the proposed modification is not in compliance with the relevant DOT specification, the approval agency shall deny the request in accordance with paragraph (d) of this section.
(f) Termination of Approval Certificate.
(1) The A ssociate A dministrator may terminate an approval issued under this section if he determines that—
(i) Information upon which the ap-proval was based is fraudulent or sub-stantially erroneous; or
Pipeline and Hazardous Materials Safety Admin., DOT §178.274
(ii) Termination of the approval is necessary to adequately protect against risks to life and property; or (iii) The approval was not issued by the approval agency in good faith; or (iv) The portable tank does not meet the specification. (2) Before an approval is terminated, the A ssociate A dministrator gives the interested party(ies): (i) Written notice of the facts or con-duct believed to warrant the termi-nation; (ii) Opportunity to submit oral and written evidence; and (iii) Opportunity to demonstrate or
achieve compliance with the applicable
requirements.
(3) If the Associate Administrator de-termines that a certificate of approval
must be terminated to preclude a sig-nificant and imminent adverse affect
on public safety, he may terminate the
certificate immediately. In such cir-cumstances, the opportunities of para-graphs (f)(2) (ii) and (iii) of this section need not be provided prior to termi-nation of the approval, but shall be
provided as soon as practicable there-after.
[66 FR 33439, June 21, 2001, as amended at 67 FR 61016, Sept. 27, 2002; 68 FR 75748, 75751,
Dec. 31, 2003; 72 FR 55695, Oct. 1, 2007]
§178.274Specifications for UN port-able tanks.
(a) General. (1) Each UN portable tank must meet the requirements of this section. In addition to the require-ments of this section, requirements specific to UN portable tanks used for liquid and solid hazardous materials,
non-refrigerated liquefied gases and re-frigerated liquefied gases are provided in §§178.275, 178.276 and 178.277, respec-tively. Requirements for approval, maintenance, inspection, testing and
use are provided in §178.273 and part 180, subpart G, of this subchapter. Any portable tank which meets the defini-tion of a ‘‘container’’ within the terms of the International Convention for Safe Containers (CSC) must meet the requirements of the CSC as amended
and 49 CFR parts 450 through 453 and
must have a CSC safety approval plate. (2) In recognition of scientific and technological advances, the technical requirements applicable to UN portable tanks may be varied if approved by the A ssociate A dministrator and the port-able tank is shown to provide a level of safety equal to or exceeding the re-quirements of this subchapter. Port-able tanks approved to alternative technical requirements must be marked ‘‘Alternative Arrangement’’ as specified in paragraph (i) of this sec-tion. (3) Definitions. The following defini-tions apply for the purposes of design and construction of UN portable tanks under this subpart: Alternate Arrangement portable tank means a UN portable tank that has
been approved to alternative technical
requirements or testing methods other
than those specified for UN portable
tanks in part 178 or part 180 of this sub-chapter.
Approval agency means the des-ignated approval agency authorized to approve the portable tank in accord-ance with the procedures in subpart E
of part 107 of this subchapter.
Design pressure is defined according to the hazardous materials intended to
be transported in the portable tank. See §§178.275, 178.276 and 178.277, as ap-plicable. Design type means a portable tank or series of portable tanks made of mate-rials of the same material specifica-tions and thicknesses, manufactured by a single manufacturer, using the same fabrication techniques (for exam-ple, welding procedures) and made with equivalent structural equipment, clo-sures, and service equipment.
Fine grain steel means steel that has a ferritic grain size of 6 or finer when de-termined in accordance with A STM E
112–96 (IBR, see §171.7 of this sub-chapter).
Fusible element means a non-reclosing pressure relief device that is thermally activated and that provides protection against excessive pressure buildup in the portable tank developed by expo-sure to heat, such as from a fire (see §178.275(g)).
Jacket means the outer insulation cover or cladding which may be part of the insulation system. Leakage test means a test using gas to subject the shell and its service equip-ment to an internal pressure.