Commercial Driver's License Testing and Commercial Learner's Permit Standards, 30919-30921 [2012-12692]
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Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations
placed in a distinct section of the bill
separate from all carrier charges. This
rule places some burden on carriers, but
the burden is mitigated because no
specific format is mandated. Carriers
have flexibility to develop their own
solutions that comply with the rule as
best works for their size and particular
billing system, thereby reducing the
burden. The rule will make it much
easier for consumers to identify the
charges on their bill that the record
suggests are most likely to be crammed.
23. Separate Totals for Carrier and
Non-Carrier Charges. The Commission
requires carriers to clearly and
conspicuously disclose separate
subtotals for charges from carriers and
charges from non-carrier third parties on
the payment page of their bills. The
separate totals requirement is part-andparcel of the separate section for noncarrier third-party charges. The benefit
to consumers in making their bills more
clear and usable outweighs the burden
on the carrier.
24. The Commission specifically
identified two alternatives to the rules
adopted in the R&O for the purpose of
reducing the economic impact on small
businesses. First, the Commission
considered requiring all carriers to offer
blocking. Second, the Commission
considered requiring a specific bill
format. However, the Commission
rejected both of these alternatives
because they are more costly to small
businesses.
Congressional Review Act
25. The Commission will send a copy
of the R&O in a report to be sent to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
srobinson on DSK4SPTVN1PROD with RULES
Ordering Clauses
26. Pursuant to the authority found in
sections 1–2, 4, 201, 303(r), and 403 of
the Communications Act of 1934, as
amended, 47 U.S.C. 151–152, 154, 201,
303(r), and 403, the R&O is adopted.
27. Pursuant to the authority found in
sections 4, 201, 303(r), and 403 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154, 201, 303(r),
and 403, the Commission’s rules are
adopted.
28. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the R&O, including the FRFA, to the
Chief Counsel for Advocacy of the Small
Business Administration.
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Jkt 226001
List of Subjects in 47 CFR Part 64
Reporting and recordkeeping
requirements, Telecommunications,
Telephone.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends part 64 as follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
Subpart Y—Truth-in-Billing
Requirements for Common Carriers
1. The authority citation for part 64 is
amended to read as follows:
■
Authority: 47 U.S.C. 154, 254(k);
403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat.
56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 227, 228, 254(k), 616, and 620
unless otherwise noted.
2. Revise the heading for Subpart Y to
read as follows:
■
Subpart Y—Truth-in-Billing
Requirements for Common Carriers;
Billing for Unauthorized Charges
3. Amend § 64.2400 by revising
paragraph (b) to read as follows:
30919
distinct section of the bill must be
separately subtotaled. These separate
subtotals for carrier and non-carrier
charges also must be clearly and
conspicuously displayed along with the
bill total on the payment page of a paper
bill or equivalent location on an
electronic bill. For purposes of this
subparagraph ‘‘equivalent location on
an electronic bill’’ shall mean any
location on an electronic bill where the
bill total is displayed and any location
where the bill total is displayed before
the bill recipient accesses the complete
electronic bill, such as in an electronic
mail message notifying the bill recipient
of the bill and an electronic link or
notice on a Web site or electronic
payment portal.
*
*
*
*
*
(f) Blocking of third-party charges.
Carriers that offer subscribers the option
to block third-party charges from
appearing on telephone bills must
clearly and conspicuously notify
subscribers of this option at the point of
sale, on each telephone bill, and on each
carrier’s Web site.
[FR Doc. 2012–12673 Filed 5–23–12; 8:45 a.m.]
BILLING CODE 6712–01–P
■
§ 64.2400
*
*
*
*
*
(b) These rules shall apply to all
telecommunications common carriers
and to all bills containing charges for
intrastate or interstate services, except
as follows:
(1) Sections 64.2401(a)(2),
64.2401(a)(3), 64.2401(c), and 64.2401(f)
shall not apply to providers of
Commercial Mobile Radio Service as
defined in § 20.9 of this chapter, or to
other providers of mobile service as
defined in § 20.7 of this chapter, unless
the Commission determines otherwise
in a further rulemaking.
(2) Sections 64.2401(a)(3) and
64.2401(f) shall not apply to bills
containing charges only for intrastate
services.
*
*
*
*
*
■ 4. Amend § 64.2401 by redesignating
paragraph (a)(3) as paragraph (a)(4), and
add new paragraphs (a)(3) and (f) to read
as follows:
§ 64.2401
Truth-in-Billing Requirements.
(a) * * *
(3) Carriers that place on their
telephone bills charges from third
parties for non-telecommunications
services must place those charges in a
distinct section of the bill separate from
all carrier charges. Charges in each
PO 00000
DEPARTMENT OF TRANSPORTATION
Purpose and scope.
Frm 00043
Fmt 4700
Sfmt 4700
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance
and applicability of ‘‘tank vehicle’’
definition.
AGENCY:
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
SUMMARY:
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Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations
drivers to obtain the tank vehicle
endorsement.
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.
DATES:
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.’’
srobinson on DSK4SPTVN1PROD with RULES
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
VerDate Mar<15>2010
16:02 May 23, 2012
Jkt 226001
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.
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
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
E:\FR\FM\24MYR1.SGM
24MYR1
Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations
requirements of the States in which they
travel so that they do not transport tanks
in States already requiring the
endorsement.
DEPARTMENT OF TRANSPORTATION
Commercial Driver’s License
Standards; Requirements and Penalties:
Regulatory Guidance on 49 CFR 383.5,
Definitions
49 CFR Part 395
srobinson on DSK4SPTVN1PROD with RULES
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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16:02 May 23, 2012
Jkt 226001
Federal Motor Carrier Safety
Administration
Regulatory Guidance on Entering Data
in an Automatic On-Board Recording
Device While Commercial Motor
Vehicle Is in Motion
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance.
AGENCY:
FMCSA issues regulatory
guidance to clarify that a co-driver may
make entries to an automatic on-board
recording device (AOBRD) while a
commercial motor vehicle (CMV) is in
motion. The prohibition in 49 CFR
395.15 against making entries to an
AOBRD while the vehicle is in motion
pertains only to the current driver. This
guidance responds to recent inquiries
from manufacturers of recording devices
concerning updates to the duty status of
co-drivers making the transition from
the passenger seat to the sleeper berth
or vice versa.
DATES: This regulatory guidance is
effective May 24, 2012.
FOR FURTHER INFORMATION CONTACT:
Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of
Bus and Truck Standards and
Operations, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590. Email:
MCPSD@dot.gov. Phone (202) 366–4325.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Legal Basis
The Motor Carrier Act of 1935
provides that ‘‘The Secretary of
Transportation may prescribe
requirements for (1) qualifications and
maximum hours of service of employees
of, and safety of operation and
equipment of, a motor carrier; and (2)
qualifications and maximum hours of
service of employees of, and standards
of equipment of, a motor private carrier,
when needed to promote safety of
operation’’ [49 U.S.C. 31502(b)].
The Motor Carrier Safety Act of 1984
(MCSA) confers on the Secretary the
authority to regulate drivers, motor
carriers, and vehicle equipment. It
requires the Secretary to prescribe safety
standards for CMVs. At a minimum, the
regulations must ensure that (1) CMVs
are maintained, equipped, loaded, and
operated safely; (2) the responsibilities
imposed on operators of CMVs do not
impair their ability to operate the
vehicles safely; (3) the physical
condition of operators of CMVs is
PO 00000
Frm 00045
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30921
adequate to enable them to operate the
vehicles safely; and (4) the operation of
CMVs does not have a deleterious effect
on the physical condition of the
operator [49 U.S.C. 31136(a)]. The Act
also grants the Secretary broad power to
‘‘prescribe recordkeeping and reporting
requirements’’ and to ‘‘perform other
acts the Secretary considers
appropriate’’ [49 U.S.C. 31133(a)(8) and
(10)].
The Administrator of FMCSA has
been delegated the authority to carry out
the functions vested in the Secretary by
the Motor Carrier Act of 1935 [49 CFR
1.73(l)] and the MCSA [§ 1.73(g)]. The
provisions affected by this Notice of
Regulatory Guidance are based on these
statutes.
Reason for This Notice
This document adds regulatory
guidance to clarify that a co-driver may
make entries to an AOBRD while the
CMV is in motion. The AOBRD
regulation states that duty status may
‘‘* * * be updated only when the
commercial motor vehicle is at rest
* * *’’ [§ 395.15(i)(2)]. However, this
restriction pertains only to the current
driver. This guidance is provided in
response to recent inquiries from
manufacturers of recording devices
concerning updates to the duty status of
co-drivers making the transition from
the passenger seat to the sleeper berth
or vice versa.
This guidance will not contribute to
distracted driving because the driver is
still prohibited from making duty status
entries in the AOBRD while driving.
For the reasons explained above,
FMCSA issues new Regulatory
Guidance, Question 4 to FMCSR
§ 395.15.
Part 395—Hours of Service of Drivers
Section 395.15, ‘‘Automatic On-Board
Recording Devices’’
Question 4: Are automatic on-board
recorders (AOBRDs) required to be
designed and maintained to prevent
team drivers in a non-driving duty
status from making updates to their
electronic record of duty status while
the vehicle is in motion?
Guidance: No. AOBRDs are required
only to prevent updates to the electronic
record by the person who is actually
driving while the vehicle is in motion.
The on-board recorder must be capable
of recording separately each driver’s
duty status when there is a multiple
driver operation (49 CFR 395.15(i)(6)).
Therefore, a system designed and
maintained to handle multiple drivers
would have a means for drivers to
identify themselves and prevent the
E:\FR\FM\24MYR1.SGM
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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
[[Page 30920]]
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
[[Page 30921]]
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
