The tanks are those equipped with rear-end protection devices (bumpers) manufactured using CTEC designs T-5314 and T-5062.
FMCSA said that, on separate occasions, it performed compliance reviews on Bulk Truck and Transport, Hanover, Ind., and Eagle Fabrication and Repair, Oak Harbor, Ohio. Both were performing functions of cargo tank assemblers by attaching CTEC certified bumpers to cargo tanks. After several design reviews, however, FMCSA concluded that the bumpers did not meet the minimum requirements of 49 CFR 178.337-10.
No action was taken against Bulk Truck and Transport or Eagle Fabrication and Repair since, FMCSA noted, both accepted CTEC’s certification in good faith. But last spring the agency fined CTEC $10,000 and ordered it to make the necessary modifications to the tanks. CTEC has since gone out of business, and FMCSA estimates that at least 300 tanks still don’t meet federal safety requirements.
Cargo tanks that have been modified as required by FMCSA can be used to transport hazardous materials. If they haven’t been modified, the specification plate must be removed or obliterated. Carriers that don’t comply will be in violation of federal hazardous materials safety regulations and may be subject to civil and criminal penalties.
An electronic copy of the notice (Safety Advisory: Unauthorized Cargo Tanks Used to Transport Hazardous Materials) can be found at http://dms.dot.gov. For additional information, contact Joe DeLorenzo, FMCSA Midwest Service Center, (708) 283-3572.