Federal Register, Volume 64 Issue 31 (Wednesday, February 17, 1999)

[Federal Register Volume 64, Number 31 (Wednesday, February 17, 1999)]
[Notices]
[Pages 7939-7940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3840]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Safety Advisory: Unauthorized Cargo Tanks Used To Transport
Hazardous Materials

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of identification of unauthorized cargo tanks.

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SUMMARY: In response to a recommendation by the National Transportation
Safety Board (NTSB), the FHWA determined that 13 specification number
MC 312 cargo tank motor vehicles manufactured in 1982 by Acro Trailer
Company (Acro) of Springfield, MO, did not meet the overturn (rollover)
accident damage protection device requirements for cargo tank motor
vehicles. Consequently, these cargo tanks were not authorized for the
transportation of hazardous materials until the original rollover
damage protection devices were modified to improve their structural
strength. This is because failure of these non-conforming devices
during a collision could result in death, serious injury, and property
damage. Acro has cooperated with the FHWA to modify the rollover damage
protection devices on the cargo tank motor vehicles that are still in
service, but has not been able to locate 3 of the 13 non-conforming
cargo tank motor vehicles that were manufactured in

[[Page 7940]]

1982. This notice provides motor carriers operating specification MC
312 cargo tank motor vehicles manufactured in 1982 by Acro with
information to identify the 3 remaining non-conforming cargo tank motor
vehicles that have not been located.

FOR FURTHER INFORMATION CONTACT: Mr. Bill Quade, Office of Motor
Carrier Safety and Technology (HSA-10), (202) 366-0476; or Mr. Joseph
Solomey, Office of the Chief Counsel (HCC-20), (202) 366-1374, Federal
Highway Administration, U.S. Department of Transportation, 400 Seventh
Street SW., Washington, DC 20590-0001. Office hours are from 7:45 a.m.
to 4:15 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the Federal Register's home page at http://
www.nara.gov/fedreg and the Government Printing Office's database at:
http://www.access.gpo.gov/nara.

Background

Cargo tanks represented, marked, certified, or sold for use in the
bulk transportation of hazardous materials must conform with the
Hazardous Materials Regulations (49 CFR 171-180). Specification MC 312
cargo tanks are authorized to transport numerous hazardous materials,
including flammable liquids (e.g., toluene), poisonous liquids (e.g.,
pesticides), corrosive liquids (e.g., sulfuric acid), and others. Due
to the risk of transporting these types of materials in bulk, the
regulations concerning specification MC 312 cargo tanks require that
these tanks be protected from damage during rollover accidents.
Requirements concerning the size and strength of these rollover damage
protection devices for specification MC 312 cargo tank motor vehicles
built in 1982 were outlined in the 1982 edition of title 49 of the Code
of Federal Regulations (CFR). See section 178.340-8. Specification MC
312 cargo tank motor vehicles are required to meet manufacturing
standards in effect at the time the cargo tank was manufactured. See 49
CFR 180.405(b).
On February 4, 1992, NTSB issued recommendation H-92-7 (Special
Investigation Report on Cargo Tank Rollover Protection [NTSB/SIR-92/
01]) concerning cargo tank motor vehicles. The FHWA then reviewed DOT
Specification MC 312 cargo tank designs of tanks manufactured by Acro.
The FHWA determined that rollover damage protection devices on thirteen
tanks built by Acro in 1982 did not meet the requirements of the
specifications. Since these tanks were not equipped with adequate
rollover damage protection devices required by the regulations, they
may not be represented as specification cargo tanks and may not be used
to transport hazardous materials.
Acro installed the rollover damage protection devices on 13 tanks
during 1982, but as indicated above, they were non-conforming. After
the FHWA completed its investigation, Acro located 10 of the 13
affected cargo tanks and has taken steps to modify the rollover damage
protection devices to meet the requirements of the MC 312
specification, or determined that the tanks are no longer in service.
The remaining three cargo tanks have not been located and are,
therefore, the subject of this notice. Specifically, the rollover
damage protection devices installed on the following three cargo tanks
as originally manufactured by Acro do not meet the requirements of
specification MC 312:

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Vehicle
Year identification No. DOT specification Serial No. Drawing No.
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1982......................... 1A9114032C1005024.... MC 312 5873 5873
1982......................... 1A9114034C1005025.... MC 312 5874 5873
1982......................... 1A9114229C1005060.... MC 312 5911 5787
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If the cargo tanks listed above have rollover damage protection
devices modified to a design certified by Acro, or another Design
Certifying Engineer to meet the requirements of Sec. 178.340-8, they
may continue to be used to transport hazardous materials. If you own or
operate one of the cargo tank motor vehicles listed above, please
contact Mr. Chuck Beezley of Acro at (417) 862-1758 and the company
will assist you in making appropriate modifications. Please also notify
Mr. Bill Quade, the FHWA contact person listed at the beginning of this
notice, so that the agency is aware that the cargo tank motor vehicles
have been located and that arrangements are being made to have the
vehicles modified. Cargo tanks which have non-conforming rollover
damage protection devices must have the DOT specification plate
removed, obliterated, or covered. Non-conforming cargo tanks may not be
used to transport hazardous materials requiring a specification cargo
tank.

Authority: 49 U.S.C. 5103; and 49 CFR 1.48.

Issued on: February 10, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 99-3840 Filed 2-16-99; 8:45 am]
BILLING CODE 4910-22-P