The U.S. Department of Homeland Security released its “unified agenda” in the March 31 Federal Register, indicating that one of its rulemaking priorities was “improving Appendix A to the CFATS regulations and addressing concerns with release-flammable security issues.” ILTA anticipates that this likely applies to the inclusion of gasoline, diesel and other fuel mixes in Appendix A.
Since CFATS’ inception in 2007, ILTA and the industry have said that the regulation miscategorized the flammability of gasoline, diesel and other fuels. While CISA has not enforced this section of the rule to date, ILTA has repeatedly asked CISA to remove it, noting that a new administration could change its enforcement of the fuel mixture rule at any time, since it remains on the books.
ILTA intends to watch this potential rulemaking carefully. The federal rulemaking process is often a long one, requiring several rounds of comments. This rulemaking could take one to two years before it is finalized.