178.69-178.71

893 Pipeline and Hazardous Materials Safety Admin., DOT § 178.69 straightened or flattened cold, by pres- sure only, not by blows; when speci- mens are so taken and prepared, the in- spector’s report must show in connec- tion with record of physical test de- tailed 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 deter- mined by the ‘‘offset’’ method as pre- scribed in ASTM E 8 (IBR, see § 171.7 of this subchapter). (ii) Cross-head speed of the testing machine may not exceed 1⁄8 inch per minute during yield strength deter- mination. (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 speci- men must be cut from the cylinder used for the physical tests specified in paragraph (j) of this section. The speci- men must be taken from across the seam, edges must be parallel for a dis- tance of approximately 2 inches on ei- ther side of the weld. The specimen must be fractured in tension. The ap- parent breaking stress calculated on the minimum wall thickness must be at least equal to 2 times the stress cal- culated under paragraph (f)(2) of this section, and in addition must have an actual breaking stress of at least 30,000 psi. 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 require- ments, the entire lot represented must be rejected. (2) Guided bend test. A bend test speci- men 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 11⁄2 inches wide, edges must be par- allel 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 il- lustrated in paragraph 6.10 of CGA Pamphlet C–3 (IBR, see § 171.7 of this subchapter). The root of the weld (in- side surface of the cylinder) must be lo- cated away from the ram of the jig. No specimen must show a crack or other open defect exceeding 1⁄8 inch in any di- rection 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 re- quirements, the entire lot represented must be rejected. (m) Rejected cylinders. Repair of weld- ed seams is authorized. Acceptable cyl- inders must pass all prescribed tests. (n) Inspector’s report. In addition to the information required by § 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. [Amdt. 178–114, 61 FR 25942, May 23, 1996, as amended at 62 FR 51561, Oct. 1, 1997; 66 FR 45386, Aug. 28, 2001; 67 FR 51654, Aug. 8, 2002; 68 FR 75748, Dec. 31, 2003; 69 FR 54046, Sept. 7, 2004; 74 FR 16143, Apr. 9, 2009] § 178.69 Responsibilities and require- ments for manufacturers of UN pressure receptacles. (a) Each manufacturer of a UN pres- sure receptacle marked with ‘‘USA’’ as a country of approval must comply with the requirements in this section. The manufacturer must maintain a quality system, obtain an approval for each initial pressure receptacle design type, and ensure that all production of UN pressure receptacles meets the ap- plicable requirements. (1) Quality system. The manufacturer of a UN pressure receptacle must have its quality system approved by the As- sociate Administrator. The quality sys- tem will initially be assessed through an audit by the Associate Adminis- trator or his or her representative to determine whether it meets the re- quirements of this section. The Asso- ciate Administrator will notify the manufacturer in writing of the results of the audit. The notification will con- tain the conclusions of the audit and VerDate Mar<15>2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00903 Fmt 8010 Sfmt 8010 Q:\49\X49\220213.XXX ofr150 PsN: PC150 894 49 CFR Ch. I (10–1–10 Edition) § 178.70 any corrective action required. The As- sociate Administrator may perform periodic audits to ensure that the man- ufacturer operates in accordance with the quality system. Reports of periodic audits will be provided to the manufac- turer. The manufacturer must bear the cost of audits. (2) Quality system documentation. The manufacturer must be able to dem- onstrate a documented quality system. Management must review the adequacy of the quality system to assure that it is effective and conforms to the re- quirements in § 178.70. The quality sys- tem records must be in English and must include detailed descriptions of the following: (i) The organizational structure and responsibilities of personnel with re- gard to design and product quality; (ii) The design control and design verification techniques, processes, and procedures used when designing the pressure receptacles; (iii) The relevant procedures for pres- sure receptacle manufacturing, quality control, quality assurance, and process operation instructions; (iv) Inspection and testing meth- odologies, measuring and testing equip- ment, and calibration data; (v) The process for meeting customer requirements; (vi) The process for document control and document revision; (vii) The system for controlling non- conforming material and records, in- cluding procedures for identification, segregation, and disposition; (viii) Production, processing and fab- rication, including purchased compo- nents, in-process and final materials; and (ix) Training programs for relevant personnel. (3) Maintenance of quality system. The manufacturer must maintain the qual- ity system as approved by the Asso- ciate Administrator. The manufacturer shall notify the Associate Adminis- trator of any intended changes to the approved quality system prior to mak- ing the change. The Associate Adminis- trator will evaluate the proposed change to determine whether the amended quality system will satisfy the requirements. The Associate Ad- ministrator will notify the manufac- turer of the findings. (b) Design type approvals. The manu- facturer must have each pressure re- ceptacle design type reviewed by an IIA and approved by the Associate Admin- istrator in accordance with § 178.70. A cylinder is considered to be of a new design, compared with an existing ap- proved design, as stated in the applica- ble ISO design, construction and test- ing standard. (c) Production inspection and certifi- cation. The manufacturer must ensure that each UN pressure receptacle is in- spected and certified in accordance with § 178.71. [71 FR 33885, June 12, 2006] § 178.70 Approval of UN pressure re- ceptacles. (a) Initial design-type approval. The manufacturer of a UN pressure recep- tacle must obtain an initial design type approval from the Associate Ad- ministrator. The initial design type ap- proval must be of the pressure recep- tacle design as it is intended to be pro- duced. The manufacturer must arrange for an IIA, approved by the Associate Administrator in accordance with sub- part I of part 107 of this chapter, to perform a pre-audit of its pressure re- ceptacle manufacturing operation prior to having an audit conducted by the Associate Administrator or his des- ignee. (b) IIA pre-audit. The manufacturer must submit an application for initial design type approval to the IIA for re- view. The IIA will examine the manu- facturer’s application for initial design type approval for completeness. An in- complete application will be returned to the manufacturer with an expla- nation. If an application is complete, the IIA will review all technical docu- mentation, including drawings and cal- culations, to verify that the design meets all requirements of the applica- ble UN pressure receptacle standard and specification requirements. If the technical documentation shows that the pressure receptacle prototype de- sign conforms to the applicable stand- ards and requirements in § 178.70, the VerDate Mar<15>2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00904 Fmt 8010 Sfmt 8010 Q:\49\X49\220213.XXX ofr150 PsN: PC150 895 Pipeline and Hazardous Materials Safety Admin., DOT § 178.70 manufacturer will fabricate a proto- type lot of pressure receptacles in con- formance with the technical docu- mentation representative of the design. The IIA will verify that the prototype lot conforms to the applicable require- ments by selecting pressure receptacles and witnessing their testing. After pro- totype testing has been satisfactorily completed, showing the pressure recep- tacles fully conform to all applicable specification requirements, the certi- fying IIA must prepare a letter of rec- ommendation and a design type ap- proval certificate. The design type ap- proval certificate must contain the name and address of the manufacturer and the IIA certifying the design type, the test results, chemical analyses, lot identification, and all other supporting data specified in the applicable ISO de- sign, construction and testing stand- ard. The IIA must provide the certifi- cate and documentation to the manu- facturer. (c) Application for initial design type approval. If the pre-audit is found satis- factory by the IIA, the manufacturer will submit the letter of recommenda- tion from the IIA and an application for design type approval to the Asso- ciate Administrator. An application for initial design type approval must be submitted for each manufacturing fa- cility. The application must be in English and, at a minimum, contain the following information: (1) The name and address of the man- ufacturing facility. If the application is submitted by an authorized representa- tive on behalf of the manufacturer, the application must include the represent- ative’s name and address. (2) The name and title of the indi- vidual responsible for the manufactur- er’s quality system, as required by § 178.69. (3) The designation of the pressure receptacle and the relevant pressure re- ceptacle standard. (4) Details of any refusal of approval of a similar application by a designated approval agency of another country. (5) The name and address of the pro- duction IIA that will perform the func- tions prescribed in paragraph (e) of this section. The IIA must be approved in writing by the Associate Administrator in accordance with subpart I of part 107 of this chapter. (6) Documentation on the manufac- turing facility as specified in § 178.69. (7) Design specifications and manu- facturing drawings, showing compo- nents and subassemblies if relevant, de- sign calculations, and material speci- fications necessary to verify compli- ance with the applicable pressure re- ceptacle design standard. (8) Manufacturing procedures and any applicable standards that describe in detail the manufacturing processes and control. (9) Design type approval test reports detailing the results of examinations and tests conducted in accordance with the relevant pressure receptacle stand- ard, to include any additional data, such as suitability for underwater ap- plications or compatibility with hydro- gen embrittlement gases. (d) Modification of approved pressure receptacle design type. Modification of an approved UN pressure receptacle de- sign type is not authorized without the approval of the Associate Adminis- trator. A manufacturer seeking modi- fication of an approved UN pressure re- ceptacle design type may be required to submit design qualification test data to the Associate Administrator before production. An audit may be re- quired as part of the process to modify an approval. (e) Responsibilities of the production IIA. The production IIA is responsible for ensuring that each pressure recep- tacle conforms to the design type ap- proval. The production IIA must per- form the following functions: (1) Witness all inspections and tests specified in the UN pressure receptacle standard to ensure compliance with the standard and that the procedures adopted by the manufacturer meet the requirements of the standard; (2) Verify that the production inspec- tions were performed in accordance with this section; (3) Select UN pressure receptacles from a prototype production lot and witness testing as required for the de- sign type approval; (4) Ensure that the various design type approval examinations and tests are performed accurately; VerDate Mar<15>2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00905 Fmt 8010 Sfmt 8010 Q:\49\X49\220213.XXX ofr150 PsN: PC150 896 49 CFR Ch. I (10–1–10 Edition) § 178.70 (5) Verify that each pressure recep- tacle is marked in accordance with the applicable requirements in § 178.72; and (6) Furnish complete test reports to the manufacturer and upon request to the purchaser. The test reports and certificate of compliance must be re- tained by the IIA for at least 20 years from the original test date of the pres- sure receptacles. (f) Production inspection audit and cer- tification. (1) If the application, design drawing and quality control documents are found satisfactory, PHMSA will schedule an on-site audit of the pres- sure receptacle manufacturer’s quality system, manufacturing processes, in- spections, and test procedures. (2) During the audit, the manufac- turer will be required to produce pres- sure receptacles to the technical stand- ards for which approval is sought. (3) The production IIA must witness the required inspections and verifications on the pressure recep- tacles during the production run. The IIA selected by the manufacturer for production inspection and testing may be different from the IIA who per- formed the design type approval verifications. (4) If the procedures and controls are deemed acceptable, test sample pres- sure receptacles will be selected at ran- dom from the production lot and sent to a laboratory designated by the Asso- ciate Administrator for verification testing. (5) If the pressure receptacle test samples are found to conform to all the applicable requirements, the Associate Administrator will issue approvals to the manufacturer and the production IIA to authorize the manufacture of the pressure receptacles. The approved design type approval certificate will be returned to the manufacturer. (6) Upon the receipt of the approved design type approval certificate from the Associate Administrator, the pres- sure receptacle manufacturer must sign the certificate. (g) Recordkeeping. The production IIA and the manufacturer must retain a copy of the design type approval cer- tificate and certificate of compliance records for at least 20 years. (h) Denial of design type application. If the design type application is denied, the Associate Administrator will no- tify the applicant in writing and pro- vide the reason for the denial. The manufacturer may request that the As- sociate Administrator reconsider the decision. The application request must— (1) Be written in English and filed within 60 days of receipt of the deci- sion; (2) State in detail any alleged errors of fact and law; and (3) Enclose any additional informa- tion needed to support the request to reconsider. (i) Appeal. (1) A manufacturer whose reconsideration request is denied may appeal to the PHMSA Administrator. The appeal must— (i) Be written in English and filed within 60 days of receipt of the Asso- ciate Administrator’s decision on re- consideration; (ii) State in detail any alleged errors of fact and law; (iii) Enclose any additional informa- tion needed to support the appeal; and (iv) State in detail the modification of the final decision sought. (2) The PHMSA Administrator will grant or deny the relief and inform the appellant in writing of the decision. PHMSA Administrator’s decision is the final administrative action. (j) Termination of a design type ap- proval certificate. (1) The Associate Ad- ministrator may terminate an approval certificate issue under this section if it is determined that, because of a change in circumstances, the approval no longer is needed or no longer would be granted if applied for; information upon which the approval was based is fraudulent or substantially erroneous; or termination of the approval is nec- essary to adequately protect against risks to life and property. (2) Before an approval is terminated, the Associate Administrator will pro- vide the manufacturer and the ap- proval agency— (i) Written notice of the facts or con- duct believed to warrant the with- drawal; (ii) Opportunity to submit oral and written evidence, and (iii) Opportunity to demonstrate or achieve compliance with the applica- tion requirement. VerDate Mar<15>2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00906 Fmt 8010 Sfmt 8010 Q:\49\X49\220213.XXX ofr150 PsN: PC150 897 Pipeline and Hazardous Materials Safety Admin., DOT § 178.71 (3) If the Associate Administrator de- termines that a certificate of approval must be withdrawn to preclude a sig- nificant and imminent adverse affect on public safety, the procedures in paragraph (j)(2)(ii) and (iii) of this sec- tion need not be provided prior to with- drawal of the approval, but shall be provided as soon as practicable there- after. [71 FR 33886, June 12, 2006, as amended at 71 FR 54397, Sept. 14, 2006] § 178.71 Specifications for UN pressure receptacles. (a) General. Each UN pressure recep- tacle must meet the requirements of this section. Requirements for ap- proval, qualification, maintenance, and testing are contained in § 178.70, and subpart C of part 180 of this subchapter. (b) Definitions. The following defini- tions apply for the purposes of design and construction of UN pressure recep- tacles under this subpart: Alternative arrangement means an ap- proval granted by the Associate Ad- ministrator for a MEGC that has been designed, constructed or tested to the technical requirements or testing methods other than those specified for UN pressure receptacles in part 178 or part 180 of this subchapter. Bundle of cylinders. See § 171.8 of this subchapter. Design type means a pressure recep- tacle design as specified by a particular pressure receptacle standard. Design type approval means an overall approval of the manufacturer’s quality system and design type of each pres- sure receptacle to be produced within the manufacturer’s facility. UN tube. See § 171.8 of this sub- chapter. (c) General design and construction. UN pressure receptacles and their clo- sures must be designed, manufactured, tested and equipped in accordance with the requirements contained in this sec- tion. (1) Following the final heat treat- ment, all cylinders, except those se- lected for batch testing must be sub- jected to a hydraulic volumetric expan- sion test. (2) The standard requirements appli- cable to UN pressure receptacles may be varied only if approved in writing by the Associate Administrator. (3) The test pressure of UN cylinders, tubes, and bundles of cylinders must conform to the requirements in part 178 of this subchapter. (d) Service equipment. (1) Except for pressure relief devices, UN pressure r