FMCSA Denies ATA Petition to Change the Definition of a Tank Vehicle
On March 25th, the Federal Motor Carrier Safety Administration (FMCSA) issued a final rule modifying a May 9, 2011 Final Rule which changed the definition of a tank vehicle. The May 2011 new definition captured many vehicles that are not, in the traditional sense, tank vehicles due to the fact they lack actual tanks. Rather, FMCSA’s definition expanded to cover loads containing bulk containers (greater than 119 gallon capacity) with an aggregate capacity of 1,000 gallons or more. In response to the final rule, the American Trucking Associations (ATA) led a successful campaign to petition the FMCSA to reevaluate the definition. The latest rule addresses that reevaluation.
In the latest final rule, the FMCSA denied the ATA petition to reconsider the definition; however, because of the modifications, the compliance dates for State enforcement has been extended until July 8, 2015. States can enforce the new definition now if they elect to, but they are not required to until 2015, thus currently a murky situation where certain states have begun enforcement while others have not and industry stakeholders must operate on a state-by-state basis.
Additionally, the FMCSA promulgated through the final rule, that while it denied the ATA petition; the Agency will be issuing a new rulemaking sometime in the second quarter of 2013, which will address industry concerns.
