[Federal Register: February 17, 1999 (Volume 64, Number 31)]

[Notices]               

[Page 7939-7940]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17fe99-152]



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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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