Request for Tank Vehicle Definition Comments

FMCSA 09-26 NPRM revise tank vehicle definition.pdf

On September 26, 2013 (78 FR 59328), the Federal Motor Carrier Safety Administration (FMCSA) published a Notice of Proposed Rulemaking (NPRM) to revise its definition of “tank vehicle” in 49 CFR 383.5 to clarify the population required to secure a Commercial Driver’s License (CDL) tank vehicle endorsement.. The revised definition makes changes to clarify two points: 1. that the quantity amounts apply regardless of the method of tank securement, and 2. that the transportation of tanks that are manifested as empty or as residue (and that are actually empty or contain only residue) does not require the driver to have a tank vehicle endorsement. On May 9, 2011 (76 FR 26854), FMCSA published a final rule on “CDL Testing and Commercial Learner’s Permit Standards (CLPs)” that included a new definition of tank vehicle which required additional drivers to obtain tank vehicle endorsements on their CLPs and CDLs. FMCSA received numerous petitions regarding the new definition. On May 24, 2012 (77 FR 30919), the Agency published guidance in the Federal Register to clarify the “tank vehicle” definition. This NPRM would revise the definition by incorporating the 2012 regulatory guidance. FMCSA seeks comment on the proposal and information on the impact that the revised definition would have on the industry. Comments must be received on or before November 25, 2013.