2012 technical conference plenary session tank vehicle definition/dot penalty actions

2012 TECHNICAL 2012 TECHNICAL CONFERENCECONFERENCE

Plenary SessionPlenary Session

Tank Vehicle Definition/DOT Tank Vehicle Definition/DOT Penalty ActionsPenalty Actions

2012 Technical Conference2012 Technical Conference

Tank Vehicle DefinitionTank Vehicle Definition

In 2011 FMCSA adopted new def. of “tank In 2011 FMCSA adopted new def. of “tank vehicle” that included vehicle” that included filled or emptyfilled or empty IBCs IBCs above 119 gallons capacity.above 119 gallons capacity.

Old definition: Individual tanks above 1000 Old definition: Individual tanks above 1000 gallonsgallons


Tank Vehicle (cont.)Tank Vehicle (cont.)

Nobody noticed problems until fall.Nobody noticed problems until fall.

- IP coalition formed with ATA, ACA, RIPA - IP coalition formed with ATA, ACA, RIPA and a dozen other associations.and a dozen other associations.

Issue for RIPA: All drivers moving 4 or Issue for RIPA: All drivers moving 4 or more 275 gallon IBCs would have to more 275 gallon IBCs would have to obtain a tank endorsement on CDLobtain a tank endorsement on CDL


Tank Vehicle (cont.)Tank Vehicle (cont.)

Tank endorsements requireTank endorsements requireTrip to state DMVTrip to state DMVPaper test (in some cases driving, also)Paper test (in some cases driving, also)Payment for endorsementPayment for endorsement


ATA petitioned, with support of RIPA and ATA petitioned, with support of RIPA and other groupsother groups

ATA obtained agreement from FMCSA to ATA obtained agreement from FMCSA to re-write the definition. re-write the definition.

Likely outcome: Old definition (1000 gal.)Likely outcome: Old definition (1000 gal.)


DOT Penalty Reports for 2010DOT Penalty Reports for 2010


DOT issues a “Penalty Report” annuallyDOT issues a “Penalty Report” annually

2010 report lists over 500 companies2010 report lists over 500 companies

Total fines for 2010 = $1,533,000Total fines for 2010 = $1,533,000


Fine BreakdownFine Breakdown

334 (66%) – shippers334 (66%) – shippers83 (16%) – carriers83 (16%) – carriers60 (12%) – cylinder tester/re-tester60 (12%) – cylinder tester/re-tester22 (4.3%) – Packaging Manufacturer22 (4.3%) – Packaging Manufacturer11 (2.2%) – Reconditioner11 (2.2%) – Reconditioner


0

50

100

150

200

250

300

350

shipper carrier cylinder mfgr. recond.

DOT Penaltyby type

0

20

40

60

80

100

120

Mfgr. Recond. DOT

Total sites bygroupDOT PenaltyActions



13,500 chemical manufacturing sites in 13,500 chemical manufacturing sites in U.S. U.S. In 2010 DOT issued 334 finesIn 2010 DOT issued 334 finesChance of fine = 1 in 50 (2%)Chance of fine = 1 in 50 (2%)

175 industrial packaging mfg’ing and 175 industrial packaging mfg’ing and reconditioning sites in U.S. reconditioning sites in U.S. In 2010 DOT issued 33 finesIn 2010 DOT issued 33 finesChance of fine = 1 in 5 (20%)Chance of fine = 1 in 5 (20%)


Top Inspection Issues Cited by DOTTop Inspection Issues Cited by DOT

Failed to maintain proper test records (4)Failed to maintain proper test records (4)Failed to provide initial, general Failed to provide initial, general

awareness, function specific or security awareness, function specific or security training (4)training (4)

Failed to provide closure instructions to Failed to provide closure instructions to persons to whom packaging was sold (4)persons to whom packaging was sold (4)



Inaccurate test reports (2)Inaccurate test reports (2)Failed to conduct design type tests (2)Failed to conduct design type tests (2)Failed to properly mark steel drum (2)Failed to properly mark steel drum (2)Failed to apply 12 mm high marks on an Failed to apply 12 mm high marks on an

IBC (2)IBC (2)



Failed to keep records of companies to Failed to keep records of companies to which closure notifications were sent which closure notifications were sent Rule says companies must retain copies of “each Rule says companies must retain copies of “each

written notification for the amount of time that aligns written notification for the amount of time that aligns with…period retest date, i.e. every 12 months…” with…period retest date, i.e. every 12 months…” [remanufactured units][remanufactured units]


Other Regulatory Issues of InterestOther Regulatory Issues of Interest

1)1) Company sells plastic drum with Company sells plastic drum with embossed UN mark for non-haz use; no embossed UN mark for non-haz use; no reconditioner mark on drum. DOT claims reconditioner mark on drum. DOT claims UN mark must be taken off drum.UN mark must be taken off drum.

2)2) “M” in company identifier was lower “M” in company identifier was lower case (i.e. “m”)case (i.e. “m”)


Other regulatory issues (cont.)Other regulatory issues (cont.)

Is an 11/8/11 drum reconditionable?Is an 11/8/11 drum reconditionable?


THANK YOUTHANK YOU

2012 technical conference plenary session tank vehicle definition/dot penalty actions

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