[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Notices]
[Page 9638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4318]



[[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