[Federal Register: March 3, 2010 (Volume 75, Number 41)]
[Notices]
[Page 9638]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr10-105]
[[Page 9638]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2010-0046; Notice No. 10-1]
Safety Advisory Notice: Use of Composite Cargo Tanks Manufactured
Under DOT Special Permits
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA).
ACTION: Safety advisory notice.
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SUMMARY: This safety advisory is issued to remind all persons who
manufacture or use composite cargo tank motor vehicles authorized under
DOT special permits of the requirement to conduct testing to ensure
that the material to be transported in the cargo tank is compatible
with the materials used in the construction of the cargo tank.
FOR FURTHER INFORMATION CONTACT: Charles Hochman, Senior Advisor
(Technology), Pipeline and Hazardous Materials Safety Administration,
(202) 366-4545 or Donald Burger, Chief, Special Permits and General
Approvals, Pipeline and Hazardous Materials Safety Administration,
(202) 366-4535.
SUPPLEMENTARY INFORMATION: The Hazardous Materials Regulations (HMR; 49
CFR parts 171-180) contain specifications for the design and
construction of cargo tank motor vehicles in Part 178, Subpart J (see
Sec. Sec. 178.320-178). Currently, the HMR do not contain include a
specification for composite cargo tanks, such as fiber reinforced
plastic (FRP) or glass fiber reinforced plastic (GFRP) cargo tanks.
Federal hazardous materials transportation law (Federal hazmat law;
49 U.S.C. 5101 et seq.) authorizes the Department of Transportation to
issue variances--termed special permits--from the HMR in a way that
achieves a safety level at least equal to the safety level required
under Federal hazmat law or consistent with the public interest and
Federal hazmat law, if a required safety level does not exist. That
authority is delegated to the Pipeline and Hazardous Materials Safety
Administration (PHMSA).
PHMSA has issued the following special permits (SPs) for the
manufacture, marking, sale, and use of FRP or GFRP cargo tank motor
vehicles:
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Expiration
SP number Holder Status date
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9166.................................... Comptank Corp............. Expired................... 12/31/2009
10878................................... Tankcon FRP............... Active.................... 9/30/2010
11565................................... C.P.F. Dualam............. Active.................... 3/31/2010
11903................................... Comptank Corp............. Active.................... 10/31/2010
12516................................... Poly-Coat Systems......... Active.................... 11/30/2010
14275................................... Hawk Corp................. Active.................... 12/31/2011
14277................................... Ascus Technology.......... Active.................... 11/30/2012
14779................................... Corrosion Companies....... Active.................... 11/30/2011
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On December 30, 2009, a glass fiber reinforced plastic composite
cargo tank manufactured in accordance with a special permit (DOT-SP
11903) failed catastrophically and released its entire contents onto
the highway. PHMSA's investigation of the accident concluded that the
failure resulted from the carriage of a material in the cargo tank that
was incompatible with the materials used in the manufacture of the
cargo tank. The material in question reacted with and degraded the
corrosion barrier and the structural glass matrix of the tank leading
to catastrophic failure.
As demonstrated by the by the December 30, 2009 incident, the
shipment of a material that is not compatible with the corrosion
barrier and structural glass matrix of a composite cargo tank can lead
to a catastrophic failure and potentially cause serious injuries,
fatalities, and property and environmental damage. All of the special
permits identified above contain the following requirement:
The compatibility of the commodities and the (FRP or GFRP) cargo
tank must be based on ASTM C 581 ``Standard Test Method for Chemical
Resistance of Thermosetting Resins Used in Glass Fiber Reinforced
Structures''. Test reports must be maintained by the owner or
manufacturer for as long as the cargo tank remains in active
service.
PHMSA is concerned that owners and manufacturers of composite cargo
tanks are not performing the required compatibility testing or
maintaining test reports. To prevent another incident similar to the
one that occurred on December 20, 2009, this advisory reminds all
persons involved in the manufacture and use of composite cargo tank
motor vehicles authorized under DOT special permits of the requirement
to perform compatibility testing. Failure to perform the required
compatibility testing and to maintain the test reports may result in
the suspension or termination of the special permit as well as civil or
criminal penalties.
Persons who offer for transportation or transport hazardous
materials in violation of applicable HMR requirements may be subject to
significant civil penalties and criminal fines and imprisonment. The
maximum penalties depend on several factors, including the nature and
circumstances, extent and gravity, and severity of the consequences of
the violation, but can range up to $100,000 for a civil penalty and
$500,000 and ten years in jail for a criminal penalty.
Magdy El-Sibaie,
Acting Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2010-4318 Filed 3-2-10; 8:45 am]
BILLING CODE 4910-60-P