[Federal Register Volume 69, Number 93 (Thursday, May 13, 2004)]
[Proposed Rules]
[Pages 26538-26539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10819]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 178

[Docket No. RSPA-99-5921 (HM-213A)]
RIN 2137-AD34


Hazardous Materials: Cargo Tank Rollover Damage Protection 
Requirements; Withdrawal of Advance Notice of Proposed Rulemaking

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Advance notice of proposed rulemaking; withdrawal and 
termination of rulemaking.

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SUMMARY: RSPA is withdrawing an advance notice of proposed rulemaking

[[Page 26539]]

(ANPRM) published on November 16, 1999, that requested comments on a 
research study conducted by the University of Michigan Transportation 
Research Institute (UMTRI) titled ``The Dynamics of Tank-Vehicle 
Rollover and the Implications for Rollover-Protection Devices.'' Since 
publication of the ANPRM, RSPA and the Federal Motor Carrier Safety 
Administration (FMCSA) have determined that additional study is 
necessary.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Stevens, Office of 
Hazardous Materials Standards, Research and Special Programs 
Administration, 202-366-8553 or Mr. Danny Shelton, Hazardous Materials 
Division, Federal Motor Carrier Safety Administration, 202-366-6121.

SUPPLEMENTARY INFORMATION: In 1991, the National Transportation Safety 
Board (NTSB) investigated seven accidents involving cargo tank motor 
vehicles (CTMVs) of various DOT specifications used for liquid 
hazardous materials. All of the incidents investigated resulted in 
rollover of the CTMV and a release of hazardous materials. As a result 
of the investigation, NTSB published a Hazardous Materials Special 
Investigation Report on February 2, 1992. In its report, NTSB concluded 
that in all cases the CTMV rollover protection devices failed to 
protect the cargo tank manholes and fittings from damage.
    On February 4, 1992, NTSB released safety recommendation H-92-10, 
recommending, in part, that the Research and Special Programs 
Administration (RSPA; we) and the Federal Highway Administration 
(FHWA), the predecessor agency to the Federal Motor Carrier Safety 
Administration (FMCSA), conduct a study to model and analyze the forces 
and energy involved in CTMV rollover incidents. In addition, in H-92-2, 
NTSB recommended that RSPA assist FHWA to improve the performance of 
rollover protection devices by promulgating performance standards to 
consider those forces identified in the study as acting on the devices 
during a rollover accident. In response to safety recommendation H-92-
10, FHWA contracted with UMTRI to conduct a study of CTMV rollover 
incidents.
    In November 1998, UMTRI released its study, titled ``The Dynamics 
of Tank-Vehicle Rollover and the Implications for Rollover-Protection 
Devices.'' The study examined 882 simulated rollover incidents 
involving various DOT specification CTMVs and configurations (MC 306, 
MC 307, MC 312). The simulated rollover incidents were influenced by 
the accidents investigated by NTSB and included mild, moderate, and 
severe rollover crash events.
    On November 16, 1999, RSPA published an ANPRM (64 FR 62161) that 
solicited comments and other supporting data from industry related to 
the issues of concern in the UMTRI study. The ANPRM asked a series of 
seventeen questions concerning issues ranging from rollover dynamics to 
benefit-cost estimates. In addition, the ANPRM asked whether the UMTRI 
study recommendations were feasible, noting a potential ten-fold 
increase in costs when compared to current regulatory requirements for 
rollover protection.
    In response to the ANPRM, we received twenty-five comments, eight 
of which were within the scope of the rulemaking. The comments received 
were generally negative, and all included similar conclusions regarding 
cost, efficacy, and feasibility. In addition, commenters stated that 
there was insufficient evidence to support any major revision of the 
current overturn protection requirements.
    In response to comments received to the ANPRM, FMCSA contracted 
with Battelle in CY 2001 for an independent analysis of the original 
UMTRI CTMV rollover study. This study is scheduled for completion in CY 
2006. Because of the extended period expected for completing the study 
and evaluating the findings, we are terminating further rulemaking 
action under this docket. The termination of this rulemaking action 
does not preclude our addressing the NTSB recommendations under another 
docket.
    Upon completion of the FMCSA study, RSPA and FMCSA will evaluate 
the findings and open a new rulemaking docket to solicit industry 
comments and consider proposals to revise current rollover protection 
requirements. Accordingly, Docket No. RSPA-99-5921 (HM-213A) is hereby 
withdrawn.

    Issued in Washington, DC on May 5, 2004, under authority 
delegated in 49 CFR Part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 04-10819 Filed 5-12-04; 8:45 am]
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