Skip Ribbon Commands
Skip to main content
Safety Recommendation Details

Safety Recommendation I-90-009
Details
Synopsis: ABOUT 11:30 A.M., ON NOVEMBER 30, 1988, A TRACTOR-FLATBED SEMITRAILER OPERATED BY HY YIELD BROMINE COMPANY OVERTURNED AT THE INTERSECTION OF TWO FARM ROADS IN A SPARSELY POPULATED AREA OF COLLIER COUNTY, FLORIDA. THE SEMITRAILER WAS LOADED WITH 32 CYLINDERS OF A POISONOUS AND TOXIC BY INHALATION MIXTURE, 98 PERCENT METHYL BROMIDE AND 2 PERCENT CHLOROPICRIN. ELEVEN OF THE CYLINDERS WERE FULL, EACH CONTAINING ABOUT 1,500 POUNDS OF THE POISONOUS MIXTURE, AND THE REMAINDER OF THE CYLINDERS WERE PARTIALLY FULL OR EMPTY EXCEPT FOR RESIDUE. THE DRIVER HAD COMPLETED THE SECOND OF FOUR SCHEDULED STOPS WHEN THE ACCIDENT OCCURRED.
Recommendation: THE NTSB RECOMMENDS THAT THE RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION: REQUIRE INDEPENDENT INSPECTIONS OF NEW AND RECONDITIONED LOW PRESSURE CYLINDERS THAT ARE CONSISTENT WITH THE PRESENT INDEPENDENT INSPECTION REQUIREMENTS FOR HIGH PRESSURE CYLINDERS.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Unacceptable Action
Mode: Intermodal
Location: Collier County, FL, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA89MZ001
Accident Reports: ​Puncture of a Cylinder Containing a Mixture of Methyl Bromide and Chloropicrin Following the Overturn of a Tractor/Semitrailer
Report #: HZM-90-01
Accident Date: 11/30/1988
Issue Date: 3/23/1990
Date Closed: 7/20/2001
Addressee(s) and Addressee Status: RSPA (Closed - Unacceptable Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: RSPA
Date: 7/20/2001
Response: As stated in our response to Safety Recommendation I-90-8, the Safety Board is disappointed that more than 10 years have passed since this recommendation was issued without RSPA issuing any regulations to require independent inspections. The Safety Board firmly believes that this recommendation did not need to be delayed until the International Standards Organization finalized its work on cylinder standards and these standards were incorporated into the United Nations (UN) recommendations. Even though the UN provides a uniform set of standards for its member nations, those nations can issue independent regulations that provide a greater level of safety than that provided by UN standards. The requirement for independent inspection of cylinder manufacturers has proven very effective in improving the safety of U.S. high-pressure cylinder manufacturers; such a requirement, we believe, would be equally effective at providing an equivalent level of safety for low-pressure manufacturers. However, given the timeframe since this recommendation was issued and RSPA's failure to proceed with regulations to adequately address the intent of this recommendation, Safety Recommendation I-90-9 is classified "Closed-Unacceptable Action."

From: NTSB
To: RSPA
Date: 3/9/2001
Response: On October 4, 1995, based on information provided in RSPA’s letter of July 28, 1995, Safety Recommendations I-90-8 and -9 were classified "Open--Unacceptable Response." To date, the Safety Board has received no further information from RSPA and would appreciate learning what action has been taken to implement these safety recommendations.

From: RSPA
To: NTSB
Date: 2/13/2001
Response: Letter Mail Controlled 02/20/2001 1:49:20 PM MC# 2010138 Docket HM-220 proposes to discontinue the manufacture of low-pressure cylinders made to the current DOT 4B, 4BA, 4BW, 4B240ET, 4E, 4D, 4DA, 4DS and 4AA480 specifications and establish a new DOT 4M metric-marked cylinder specification. All cylinders manufactured or rebuilt to the new DOT metric-marked cylinder specifications would be subject to independent inspection. Numerous commenters expressed overwhelming objections to the proposals. One of their key concerns is that cylinders manufactured to the proposed specifications may not be acceptable in the world market. They requested that we permit continued manufacture of cylinders to the current specifications and not adopt the new cylinder specification until the International Standards Organization (ISO) finalizes its work on cylinder standards and the United Nations (UN) Committee of Experts on the Transport of Dangerous Goods incorporates them into the UN Recommendations. Based upon the merits of the comments, we agree that these proposals should not be finalized at this time. Meanwhile, we are working closely with the ISO and UN Committee of Experts to develop international cylinder standards. Based upon RSPA's action under Docket HM-220 and our work in developing the international cylinder standards, we request that I-90-9 be classified as "Open--Acceptable Action."

From: NTSB
To: RSPA
Date: 1/9/2001
Response: On October 4, 1995, based on information provided by RSPA in a letter dated July 28, 1995, Safety Recommendations I-90-8 and -9 were classified "Open--Unacceptable Response," pending further response. To date, the Safety Board has received no further response from the RSPA on these safety recommen-dations. We would appreciate learning what action has been taken since October 1995.

From: NTSB
To: RSPA
Date: 10/4/1995
Response: THE BOARD IS CONCERNED THAT RSPA HAS NOT FOLLOWED UP ON ITS PRIOR COMMITMENTS & HAS NOT MADE NOTICEABLE PROGRESS ON THE SAFETY ISSUES ADDRESSED BY I-90-8 THROUGH -10 IN MORE THAN 5 YEARS. RSPA INDICATES SUPPORT FOR THESE RECOMMENDATIONS BUT HAS DEMONSTRATED NO SUBSTANTIVE PROGRESS. THEREFORE I-90-8 THROUGH -10 WILL REMAIN CLASSIFIED "OPEN--UNACCEPTABLE RESPONSE."

From: RSPA
To: NTSB
Date: 7/28/1995
Response: THIS ISSUE WILL BE ADDRESSED IN OUR UPCOMING CYLINDER RULE-MAKING ACTIVITY. THEY REQUESTED THAT THE SR BE CLASSIFIED "OPEN--ACCPEPTABLE ACTION" PENDING PUBLICATION OF THE RULE-MAKING SINCE THE RECOMMENDATIONS IS CLASSIFIED AS A CLASS III, LONGER TERM ACTION & WE DO PLAN TO CONDUCT RULEMAKING IN THIS AREA DURING CALENDAR YEAR.

From: NTSB
To: RSPA
Date: 7/8/1994
Response: THE BOARD IS CONCERNED THAT AFTER 4 YEARS, RSPA HAS YET TO BEGIN OR IS STILL GATHERING INFO NEEDED TO INITIATE REGULATORY ACTION ON THE SAFETY ISSUES ADDRESSED BY RECOMMENDATIONS I-90-8, 9, & -10. THE BOARD DOES NOT BELIEVE THAT RSPA HAS MADE ANY SUBSTANTIVE PROGRESS TOWARD THE IMPLENTATION OF THESE THREE RECOMMENDATIONS, & WE URGE RSPA TO EXPEDITE ITS EFFORTS TO COMPLETE THE NEEDED REGULATORY ACTION. ALSO REGARDING I-90-10, RSPA INDICATED THAT THE ANPRM WILL FOCUS ON HIGH-PRESSURE CYLINDERS, WHICH MAY NOT INCLUDE SPECIFICATION 4BW CYLINDERS (THOSE INVOLVED IN THE ACCIDENT THAT LED TO THIS RECOMMENDATION). BECAUSE OF THE LACK OF SUBSTANTIVE PROGRESS, RECOMMENDATIONS I-90-, -9, & -10 ARE CLASSIFIED "OPEN--UNACCEPTABLE RESPONSE."

From: RSPA
To: NTSB
Date: 5/3/1994
Response: TO PROPERLY ADDRESS THIS RECOMMENDATION, RSPA NEEDS SPECIFIC ECONOMIC & OPERATIONAL DATA FROM INDUSTRY. ACCORDINGLY, RSPA IS DEVELOPING AN ANPRM TO ADDRESS THIS CLASS III LONGER TERM ACTION RECOMMENDATION & EXPECTS PUBLICATION THIS YEAR.

From: NTSB
To: RSPA
Date: 6/21/1993
Response: OUR RECORDS SHOW THAT WE HAVE NOT RECEIVED ANY FURTHER RESPONSE FROM THE RSPA REGARDING THESE RECOMMENDATIONS. WE WOULD APPRECIATE BEING INFORMED ABOUT EFFORTS THAT HAVE BEEN OR ARE BEING MADE TO IMPLEMENT THESE RECOMMENDATIONS.

From: NTSB
To: RSPA
Date: 12/13/1990
Response:

From: RSPA
To: NTSB
Date: 9/24/1990
Response: WE AGREE WITH THE RECOMMENDATION AND WILL ADD THIS TO OUR LONG-RANGE RULEMAKING PLAN. AN ANPRM WILL BE DEVELOPED WHICH WILL PROVIDE SUFFICIENT INFORMATION TO ADDRESS ALL THE CRITICAL ISSUES INVOLVED. AGAIN, ONE OF THE MAJOR ISSUES WILL BE THE MEASURE OF BENEFITS TO BE GAINED RELATIVE TO THE COSTS OF INDEPENDENT INSPECTIONS - IN PARTICULAR WHEN SUCH A REQUIREMENT IS IMPOSED ON SMALL BUSINESS ENTITIES. BECAUSE OF THE CONSTRUCTIVE ACTIONS PROPOSED, WE REQUEST THAT RECOMMENDATION I-90-09 BE CLASSIFIED AS "OPEN ACCEPTABLE ACTION."