[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Rules and Regulations]
[Pages 30919-30921]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12692]
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DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration
49 CFR Parts 383, 384, and 385
[Docket No. FMCSA-2007-27659]
Commercial Driver's License Testing and Commercial Learner's
Permit Standards
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance and applicability of "tank
vehicle" definition.
SUMMARY: On May 9, 2011, FMCSA
published a final rule titled
"Commercial Driver's License Testing
and Commercial Learner's Permit
Standards." Among other things, the
rule revised the definition of "tank
vehicle." The change required
additional drivers, primarily those
transporting certain tanks temporarily
attached to the commercial motor
vehicle (CMV), to obtain a tank vehicle
endorsement on their commercial
driver's license (CDL). The Agency has
since received numerous questions and
requests for clarification. This notice
responds to questions about the new
definition and the compliance date for drivers to obtain the tank vehicle
endorsement.
DATES: Effective date for the regulatory
guidance: May 24, 2012. Compliance date for the May, 9, 2011
final rule: States must be in compliance
with the requirements in subpart B of
Part 384 (49 CFR part 384) by July 8,
2014.
FOR FURTHER INFORMATION CONTACT:
Robert Redmond, Office of Safety
Programs, Commercial Driver's License
Division, telephone (202) 366-5014 or
email robert.redmond@dot.gov.
SUPPLEMENTARY INFORMATION: Background
On April 9, 2008, FMCSA issued a
notice of proposed rulemaking (NPRM)
to amend the CDL knowledge and skills
testing standards and establish new
minimum Federal standards for States
to issue the commercial learner's permit
(CLP) (73 FR 19282). On May 9, 2011,
FMCSA published the final rule, which
made a CLP holder subject to virtually
the same requirements as a CDL holder,
including the same driver
disqualification penalties (76 FR 26854).
This final rule also implemented section
4019 of the Transportation Equity Act
for the 21st Century (TEA-21), section
4122 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU), and
section 703 of the Security and
Accountability For Every Port Act of
2006 (SAFE Port Act).
For many years, the definition of
"tank vehicle" in 49 CFR 383.5 read:
"Tank vehicle means any commercial
motor vehicle that is designed to transport
any liquid or gaseous materials within a tank
that is either permanently or temporarily
attached to the vehicle or the chassis. Such
vehicles include, but are not limited to, cargo
tanks and portable tanks, as defined in part
171 of this title. However, this definition
does not include portable tanks having a
rated capacity under 1,000 gallons."
The NPRM proposed to revise the
definition to read:
"Tank vehicle means any commercial
motor vehicle that is designed to transport
any liquid or gaseous materials within a tank
having an aggregate rated capacity of 1,000
gallons or more that is either permanently or
temporarily attached to the vehicle or the
chassis. A commercial motor vehicle
transporting an empty storage container tank,
not designed for transportation, with a rated
capacity of 1,000 gallons or more that is
temporarily attached to a flatbed trailer is not
considered a tank vehicle." 73 FR 19301.
The final rule further revised the
definition:
"Tank vehicle means any commercial
motor vehicle that is designed to transport any liquid or gaseous materials within a tank
or tanks having an individual rated capacity
of more than 119 gallons and an aggregate
rated capacity of 1,000 gallons or more that
is either permanently or temporarily attached
to the vehicle or the chassis. A commercial
motor vehicle transporting an empty storage
container tank, not designed for
transportation, with a rated capacity of 1,000
gallons or more that is temporarily attached
to a flatbed trailer is not considered a tank
vehicle." (Emphasis added.) 76 FR 26878.
The change from the NPRM's
definition (a single tank with an
aggregate capacity of 1000 gallons) to
that of the final rule (multiple tanks
with an aggregate capacity of 1000
gallons) was made in response to
comments to the rulemaking docket.
Applicability of the Tank Vehicle
Definition to Intermediate Bulk
Containers (IBCs)
The Dangerous Goods Advisory
Council (DGAC) advised the Agency
after publication of the final rule that
the revised definition could have a
dramatic impact on the number of
drivers required to have a tank vehicle
endorsement, especially if IBCs were
considered tanks covered by the
definition. An IBC is a container used
for transport and storage of fluids and
bulk materials. IBCs are generally cubic
in form and, therefore, can transport
more material in the same area than
cylindrically shaped containers.
The DGAC noted that IBCs—which
may have a capacity as high as 3,000
liters but more typically do not exceed
1,000 liters (264 gallons)—are
commonly used to transport liquid
hazardous materials and are subject to
the Department of Transportation's
hazardous materials regulations. These
packages are frequently transported by
less-than-truckload (LTL) carriers.
DGAC and others have asked whether
FMCSA intended IBCs to be considered
tanks, as that term is used in the "tank
vehicle" definition. If so, many drivers
who had not previously held a tank
vehicle endorsement would be required
to get one.
FMCSA acknowledges the trucking
industry's concerns. However, the
Agency intended that the revised
definition would cover IBCs secured as
indicated by the definition. For
example, the aggregate capacity of four
or more 1,000-liter IBCs would exceed
the 1,000 gallon threshold. Drivers for
many LTL carriers will therefore need to
obtain a tank vehicle endorsement for
their CDLs in order to maintain
operational flexibility and to qualify to
transport the range of cargo they
normally handle.
The Agency includes in this notice
new regulatory guidance on this issue. It will be posted to the Agency's Web
site with previously published
regulatory guidance for the benefit of
interested parties and publishing
companies that reprint the Federal
Motor Carrier Safety Regulations and
guidance.
Load Securement
In response to other questions
submitted to the Agency since the
publication of the final rule on May 9,
2011, FMCSA confirms that the final
rule covers IBCs that are attached to the
vehicle, whether they are secured by
bolts, straps, chains, or by blocking and
bracing. The aggregate capacity of the
tanks, not the details of their
securement, determines the
applicability of the rule. As noted
above, the Agency includes in this
notice new regulatory guidance which
clarifies how the new tank vehicle
definition covers IBCs, and in doing so
emphasizes that the definition covers
tanks that are permanently or
temporarily attached to the vehicle.
American Trucking Associations (ATA)
Petition for Rulemaking
On February 22, 2012, the ATA
petitioned FMCSA to revise the tank
vehicle definition. This notice and the
regulatory guidance address, in part,
some of the issues raised by the petition,
including the applicability of the
definition to IBCs, the transportation of
IBCs manifested as empty or residue,
and the transportation of empty storage
tanks on flatbed vehicles. The Agency
granted the ATA petition on March 30,
2012, and is committed to initiate
notice-and-comment rulemaking that
will seek input on the tank vehicle
definition.
Compliance Date for the Tank Vehicle
Definition Change
The effective date of the final rule was
60 days after publication, or July 8,
2011. While the compliance date for the
State requirements under subpart B of
49 CFR part 384 is three years from the
effective date of the rule, or July 8, 2014,
the definition of tank vehicle is not in
subpart B of part 384 and therefore is
currently effective. States that adopt
amendments to the Federal Motor
Carrier Safety Regulations by reference,
or complete their administrative
adoption procedures relatively quickly,
will be able to take action against a
driver transporting materials in a tank
vehicle without the proper endorsement
before July 8, 2014.
FMCSA recommends that drivers
affected by the tank vehicle definition
obtain the needed endorsement as
quickly as possible or investigate the requirements of the States in which they
travel so that they do not transport tanks
in States already requiring the
endorsement.
Commercial Driver's License
Standards; Requirements and Penalties:
Regulatory Guidance on 49 CFR 383.5,
Definitions
Question: On May 9, 2011, FMCSA
revised the definition of "tank vehicle"
to include any commercial motor
vehicle that is designed to transport any
liquid or gaseous materials within a
tank or tanks having an individual rated
capacity of more than 119 gallons and
an aggregate rated capacity of 1,000
gallons or more that is either
permanently or temporarily attached to
the vehicle or the chassis. Does the new
definition include loaded intermediate
bulk containers (IBCs) or other tanks
temporarily attached to a CMV?
Guidance: Yes. The new definition is
intended to cover (1) a vehicle
transporting an IBC or other tank used
for any liquid or gaseous materials, with
an individual rated capacity of 1,000
gallons or more that is either
permanently or temporarily attached to
the vehicle or chassis; or (2) a vehicle
used to transport multiple IBCs or other
tanks having an individual rated
capacity of more than 119 gallons and
an aggregate rated capacity of 1,000
gallons or more that are permanently or
temporarily attached to the vehicle or
the chassis.
Question: On May 9, 2011, FMCSA
revised the definition of "tank vehicle."
Does the new definition cover the
transportation of empty intermediate
bulk containers (IBCs) or other tanks, or
empty storage tanks?
Guidance: No. The definition of "tank
vehicle" does not cover the
transportation of empty IBCs or other
tanks when these containers are
manifested as either empty or as residue
on a bill of lading. Furthermore, the
definition of tank vehicle does not cover
the transportation of empty storage
tanks that are not designed for
transportation and have a rated capacity
of 1,000 gallons or more, that are
temporarily attached to a flatbed
vehicle.
Issued on: May 16, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-12692 Filed 5-23-12; 8:45 a.m.]
BILLING CODE 4910-EX-P
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