9638 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 

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. 

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 

§§ 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: 

SP number Holder Status Expiration date 

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 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[FHWA Docket No. FHWA–2009–0119] 

Surface Transportation Project 

Delivery Pilot Program; Caltrans Audit 

Report 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Final report. 

SUMMARY: Section 6005 of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) established the 

Surface Transportation Project Delivery 

Pilot Program, codified at 23 U.S.C. 327. 

To ensure compliance by each State 

participating in the Pilot Program, 23 

U.S.C. 327(g) mandates semiannual 

audits during each of the first 2 years of 

State participation. This final report 

presents the findings from the fourth 

FHWA audit of the California 

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