[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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:

----------------------------------------------------------------------------------------------------------------
                                      Vehicle
             Year                identification No.        DOT specification        Serial No.      Drawing No.
----------------------------------------------------------------------------------------------------------------
1982.........................  1A9114032C1005024....  MC 312                                5873            5873
1982.........................  1A9114034C1005025....  MC 312                                5874            5873
1982.........................  1A9114229C1005060....  MC 312                                5911            5787
----------------------------------------------------------------------------------------------------------------

    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