PHMSA Announces Future Office of Hazardous Materials Safety Meetings
On April 24, the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) Office of Hazardous Materials Safety announced it will host three public meetings throughout the remainder of 2024 in advance of certain international meetings. Specific information for each meeting will be posted online and will include the public meeting date, time, remote access login, conference dial-in number and details for advance registration.
FMCSA Requests Comments on FRS ICR
On April 19, the Federal Motor Carrier Safety Administration (FMCSA) requested comments on its FMCSA Registration System (FRS) information collection request (ICR). FMCSA is replacing its Unified Registration System with a new, online registration system which will allow all persons required to register to do so online. Comments are due by June 18.
PHMSA Publishes Updates on Special Permits
On April 18, PHMSA published updates on special permit applications:
- List of Applications for Special Permits – Comments are due by May 20.
- List of Applications for Modification of Special Permits – Comments are due by May 3.
- Notice of Actions on Special Permit Applications – Comments are due by May 20.
NHTSA Requests Comments on Two New FMVSS for Motor Vehicles Using Hydrogen as a Fuel Source
On April 17, the National Highway Traffic Safety Administration (NHTSA) requested comments on its proposal to establish two new Federal Motor Vehicle Safety Standards (FMVSS) specifying performance requirements for all motor vehicles using hydrogen as a fuel source. FMVSS No. 307, Fuel System Integrity of Hydrogen Vehicles, would specify requirements for the integrity of the fuel system in hydrogen vehicles during normal vehicle operations and after crashes. FMVSS No. 308, Compressed Hydrogen Storage System Integrity, would specify requirements for the compressed hydrogen storage system to ensure the safe storage of hydrogen onboard vehicles. Comments are due by June 17.
NHTSA Requests Comments on Replacement to FMVSS No. 305, Electric-powered Vehicles: Electrolyte Spillage and Electrical Shock Protection
On April 15, NHTSA requested comments on its proposal to establish FMVSS No. 305a to replace FMVSS No. 305, Electric-powered Vehicles: Electrolyte Spillage and Electrical Shock Protection. No. 305a would apply to light and heavy vehicles and would have performance and risk mitigation requirements for the propulsion battery. Relating to a National Transportation Safety Board recommendation, FMVSS No. 305a would also require manufacturers to submit standardized emergency response information for inclusion on NHTSA’s website that would assist first and second responders handling electric vehicles. Comments are due by June 17.
FMCSA Requests Comments on Generic Clearance of Customer Satisfaction Surveys ICR
On April 15, FMCSA requested comments on its Generic Clearance of Customer Satisfaction Surveys ICR, which allows FMCSA to continue collecting feedback on its service delivery. Comments are due by May 15.
PHMSA Releases Interpretation on Shipping Papers
On April 4, PHMSA released a clarification to the Hazardous Materials Regulations (HMR) related to shipping papers and whether a shipping paper may include a company slogan or other non-regulatory information directly below the shipping description. PHMSA shared that in response to the specific question, the additional non-regulatory information would not be a violation of the HMR.
PHMSA Releases Interpretation on Placarding Requirements for Transportation of Nitrogen
On March 27, PHMSA released a clarification to the HMRs related to placarding requirements for transportation of nitrogen, refrigerated liquid in insulated cargo tanks. PHMSA shared that placards are not required on the insulated cargo tanks used for carriage of nitrogen, refrigerated liquid when transported in accordance with the conditions of § 173.320(a).
PHMSA Releases Interpretation on Transportation of Carbon Dioxide
On March 27, PHMSA released a clarification to the HMRs related to the transportation of carbon dioxide. PHMSA responded while CO2 is listed in the § 172.101 hazardous materials table as a Division 2.2 gas, CO2 does not meet the definition of a Division 2.2 gas when transported as described in the request for interpretation.
PHMSA Releases Interpretation on Transportation of Phosphine
On March 27, PHMSA released a clarification to the HMRs relating to the transportation of phosphine and whether the quantity described in the request is a reportable quantity. PHMSA shared that a hazardous substance is a material listed in Appendix A of § 172.101 in a quantity contained in one package that equals or exceeds the reportable quantity for the material listed in Appendix A to § 172.101 and satisfies the applicable criteria for “hazardous substance” as defined in § 171.8.
Hazardous Materials Instructor Training Overview Virtual Courses
CVSA will hold two Hazardous Materials Instruction Training (HMIT) Overview Courses. These virtual courses will introduce participants to a 10-step process that can be used to set up and implement an effective hazmat employee training program.
- Learn more and register for the March 12 course.
- Learn more and register for the April 30 course.
Hazardous Materials Instructor Training Course Series
CVSA is offering three HMIT courses for hazmat employers and instructors over five days in Burbank, California. You may choose to attend one, some or all the training courses. Separate registration is required for each course.
- Hazardous Materials Instructor Training Overview Course
This course will introduce participants to a 10-step process that can be used to set up and implement an effective hazmat employee training program. Learn more and register for the March 18 course.
- Hazardous Materials Instructor Training Introductory Course
This three-day introductory Train the Trainer course will provide hazmat instructors with the tools they need to confidently train hazmat employees on the requirements in Title 49 Code of Federal Regulations Subpart H in Part 172. The course will include instruction, presentations, work projects, team exercises and presentations, individual assignments and coursework, and a pre-test and post-test. This course also serves as a refresher course for current instructors who teach hazmat employees. Learn more and register for the March 19-21 course.
- Shipping Lithium Batteries Training Course
Hazmat employee instructors will learn about lithium battery types, common uses, chemistry and safety; lithium battery classification in §173.185, including exceptions; marking, labeling, placarding and shipping papers, when required; emergency response and incident investigation; and undeclared lithium battery shipments. The course also includes case studies and the step-by-step process for shipping lithium batteries. Learn more and register for the March 22 course.
U.S. Industry Roadside Vehicle Inspection Training Course
CVSA will hold a U.S. Industry Roadside Vehicle Inspection Training Course the week of March 18-22, in Lowell, Arkansas. This training course will provide each motor carrier with the tools and knowledge to achieve compliance with the roadside safety regulations and a better understanding of the relationship between vehicle regulatory requirements and vehicle out-of-service conditions. The deadline to register is March 8. Learn more and register.
Shipping Lithium Batteries Virtual Training Course
CVSA will hold its virtual Shipping Lithium Batteries Training Course on April 3. This course will introduce the hazmat employee instructor to the types of lithium batteries and common uses; lithium battery chemistry and safety; lithium battery classification in §173.185, including exceptions; shipping papers, when required; marking; labeling; placarding; emergency response; incident investigation; and undeclared lithium battery shipments. The deadline to register is March 27. Learn more and register.
Canadian Industry Roadside Inspection Vehicle Requirements Training Course
CVSA will hold an industry roadside inspection training course on Canadian vehicle requirements April 22-26 in Mississauga, Ontario. The focus of the training will be on vehicle-related roadside regulatory requirements and out-of-service conditions in Canada. The deadline to register April 4. Learn more and register.
Hazardous Materials Instructor Training Course Series
CVSA is offering four hazmat training courses for hazmat employers and instructors over two weeks in Fairbanks, Alaska. You may choose to attend one, some or all the training courses. Separate registration is required for each course.
- Hazardous Materials Instructor Training Overview Course
This course will introduce participants to a 10-step process that can be used to set up and implement an effective hazmat employee training program. Learn more and register for the May 6 course.
- Hazardous Materials Instructor Training Introductory Course
This three-day introductory Train the Trainer course will provide hazmat instructors with the tools they need to confidently train hazmat employees on the requirements in Title 49 Code of Federal Regulations Subpart H in Part 172. The course will include instruction, presentations, work projects, team exercises and presentations, individual assignments and coursework, and a pre-test and post-test. This course also serves as a refresher course for current instructors who teach hazmat employees. Learn more and register for the May 7-9 course.
- Shipping Lithium Batteries Training Course
Hazmat employee instructors will learn about lithium battery types, common uses, chemistry and safety; lithium battery classification in §173.185, including exceptions; marking, labeling, placarding and shipping papers, when required; emergency response and incident investigation; and undeclared lithium battery shipments. The course also includes case studies and the step-by-step process for shipping lithium batteries. Learn more and register for the May 10 course.
- Hazardous Materials Instructor Training Advanced Course
This course is a 40-hour advanced Train the Trainer course for hazmat instructors who conduct training in Hazardous Materials Regulations for hazmat employees. Learn more and register for the May 13-17 course.
Canadian Industry Roadside Inspection Driver Requirements Training Course
CVSA will hold an Industry Roadside Inspection Driver Requirements Training Course on Canadian driver requirements May 6-10 in Rocky View, Alberta. The focus of the training will be on driver-related roadside regulatory requirements and out-of-service conditions in Canada. The deadline to register is April 18. Learn more and register.
North American Fatigue Management Program Train the Trainer Virtual Course
CVSA will hold its North American Fatigue Management Program (NAFMP) Train the Trainer Course virtually on May 29. This course is for motor carrier instructors who conduct or expect to conduct fatigue management training for commercial motor vehicle drivers and their families. The deadline to register is May 20. Learn more and register.
Canadian Industry Roadside Inspection Vehicle Requirements Course
CVSA will hold an Industry Roadside Inspection Vehicle Requirements Training Course on Canadian vehicle requirements June 3-7 in Rocky View, Alberta. The focus of the training will be on vehicle-related roadside regulatory requirements and out-of-service conditions in Canada. The deadline to register May 16. Learn more and register here.
Hazardous Materials Instructor Training Introductory Virtual Course
CVSA will hold its Introduction to HMIT Course virtually June 4-6. This three-day Introduction to HMIT Train the Trainer Course will introduce hazmat instructors to the tools they need to confidently train hazmat employees on the requirements in Title 49 Code of Federal Regulations (CFR) Subpart H in Part 172. The deadline to register is May 24. Learn more and register.
Inspectors Will Focus on Brake Linings and Pad Violations
Eric Miller
Inspectors will focus on brake linings and pad violations at this summer’s Brake Safety Week, scheduled for Aug. 20-26.
During the special enforcement effort, commercial motor vehicle inspectors will highlight the importance of brake systems by conducting inspections of their components and removing trucks and buses from roadways found to have brake-related out-of-service violations. They will remain off the road until the violations are corrected.
Throughout Brake Safety Week, Commercial Vehicle Safety Alliance-certified inspectors will conduct their usual inspections. However, in addition, they will be reporting brake-related inspection and violation data to CVSA, which will compile that data and publish the results this fall.
“The focus of this year’s Brake Safety Week is on the condition of the brake lining and pads,” said CVSA President, Maj. Chris Nordloh with the Texas Department of Public Safety. “Brake lining and pad issues may result in vehicle violations and could affect a motor carrier’s safety rating.”
When inspectors conduct the brake portion of a Level I or Level V Inspection, they will:
- Check for missing, non-functioning, loose or cracked parts.
- Check for contaminated, worn, cracked and missing linings or pads.
- Check for S-cam flipover.
- Listen for audible air leaks around brake components and lines.
- Check that slack adjusters are the same length (from center of S-cam to center of clevis pin) and the air chambers on each axle are the same size.
- Ensure the brake system maintains air pressure between 90-100 psi (620-690 kPa) and measure pushrod travel.
- Inspect for non-manufactured holes (e.g., rust holes, holes created by rubbing or friction, etc.) and broken springs in the spring brake housing section of the parking brake.
- Inspect required brake system warning devices, such as anti-lock braking system malfunction lamp(s) and low air-pressure warning devices.
- Inspect the tractor protection system, including the bleedback system on the trailer.
- Ensure the breakaway system is operable on the trailer.
Brake safety awareness, education and outreach are major elements of the Brake Safety Week campaign.
By being transparent, CVSA aims to remind drivers and motor carriers to take proactive steps to ensure their commercial motor vehicles are safe and compliant with Federal Motor Carrier Safety Regulations. Improperly installed or poorly maintained brake systems can reduce the braking capacity and stopping distance of trucks or buses, posing a serious safety risk.
To prepare, motor carriers and drivers should check CVSA’s vehicle inspection checklist for details on the brake portion of a Level I and Level V Inspection. They also should download CVSA’s 2023 Brake Safety Week flyer for 10 tips on keeping their brake linings and pads healthy, and view inspection procedures and previous brake-safety campaign results.
They also can check CVSA’s eight latest inspection bulletins, which provide important information to augment the existing inspection program.
CVSA’s Operation Airbrake Program is dedicated to improving commercial vehicle brake safety throughout North America. The goal is to reduce the number of highway crashes caused by faulty braking systems on commercial motor vehicles by conducting roadside inspections and educating drivers, mechanics, owner-operators and others on the importance of proper brake inspection, maintenance and operation.
During Brake Safety Day in April, 6,829 commercial motor vehicles were inspected throughout Canada, Mexico and the U.S. Inspectors found brake-related critical vehicle inspection items on 11.3% of the vehicles inspected, indicating they were unfit and unsafe for roadways. As a result, inspectors restricted those 773 commercial motor vehicles from travel until the violations were corrected.
Tom Bray
Due to litigation over the past several years, many shippers and brokers are modifying how they do business. Like insurance companies, they are becoming concerned with the risks posed by potentially unsafe motor carriers.
This trend means they are now avoiding carriers with questionable safety records. So how do you prevent this from happening to your operation? First, understand shipper concerns and risk. Then, work towards being seen as a safe carrier.
What is Happening?
Under Tort Law, the plaintiff needs to prove:
- There was a duty to act,
- The defendant did not live up to the duty (they were negligent and failed to do what a reasonable person would have done),
- There was a real injury or loss, and
- The failure to act is what led to the injury or loss.
Liability can be assigned to anyone involved in the loss through various principles, including vicarious liability under the theory of respondeat superior (a superior, such as an employer or hiring entity, is responsible for the actions of the subordinate) and joint and several liability (the parties involved are inseparable when it comes to the injury).
Person vs. Broker (Miller vs. Robinson)
In this landmark case, a court determined that a broker was liable for hiring an unsafe carrier. The unsafe carrier was involved in a crash, resulting in severe injuries.
During the proceedings, the broker claimed they verified the carrier was licensed and properly credentialed by the Federal Motor Carrier Safety Administration (FMCSA), meaning they had followed their duty to act.
They also claimed they were exempt from the claim due to the Federal Aviation Administration Authorization Act of 1994, as the practice of allowing state courts to decide such cases runs afoul of the preemption of state laws related to a price, route, or service of carriers and brokers. Both arguments were unsuccessful from the local court to the supreme court.
As a result of this case (and others since), many brokers and shippers are becoming more selective in the carriers they use.
Solution
As risk-averse shippers and brokers trend toward using FMCSA-provided data to make decisions, this is where the answer lies.
To avoid being painted as a potentially unsafe carrier, you need to:
o Ensure your drivers obey the safety regulations, especially the hours-of-service regulations.
o Track your drivers’ qualifications and performance.
o Have an effective vehicle maintenance program.
o Review your roadside inspections for accuracy.
- Take steps to avoid crashes:
o Create realistic delivery schedules. Using vehicle tracking devices can help you give your customers accurate delivery estimates.
o Adjust operations to poor conditions.
o Have safe and well-trained drivers (including doing specific defensive driving training).
o Track your drivers’ performance and skills using dash cameras.
o Allow only safe vehicles on the roadway.
Remember, you want to be viewed as a safe carrier by all shippers and brokers. If you are not, you may suddenly find it harder to find and keep customers.
The U.S. Department of Transportation (U.S. DOT) is hosting an online “5.9 GHz Safety Band Stakeholder Forum: Leveraging Existing V2X Investments in a Changing Spectrum Environment” to discuss the Federal Communication Commission (FCC) First Report and Order, which significantly reduced the amount of spectrum available for vehicle-to-everything (V2X) applications in the Safety Band. The event is scheduled for December 16, 2020, from 3:00 p.m. to 4:15 p.m. ET.
As the U.S. DOT continues to evaluate the safe, secure, efficient, and interoperable use of the 5.9 GHz spectrum for transportation safety, it is critical that we garner input from industry, the public, and government partners, as well as other stakeholders. We recognize that stakeholders seek to derive as much value as possible from current deployments, minimize investment losses, and/or realize V2X technology’s intended safety and mobility benefits despite deployment challenges.
EVENT OVERVIEW
This forum serves to identify areas that can assist deployers, developers, and investors in V2X technologies in next steps for the use of the 5.9 GHz spectrum for transportation safety and congestion mitigation. The Department seeks to gain a greater understanding of industry leaders’ current and future investment strategies and to discuss participants’ views on considerations for fostering the most efficient use of V2X spectrum and continued progress toward life-saving deployments.
This conference is open to the general public by pre-registration only.
To attend, please register by December 15, 2020.
EVENT DETAILS
Date: Wednesday, December 16, 2020
Time: 3:00 p.m. to 4:15 p.m. ET
Location: Virtual
Registration Deadline: December 15, 2020
Registration Link:https://forms.gle/Y8gdvWLv2Nb6mFPs9
Advance questions are encouraged. Please submit questions through the registration link, or you may email 5.9GHzSpectrum@dot.gov.
To learn more about the 5.9 GHz Safety Band, please visit: www.transportation.gov/content/safety-band.
September 10
9 AM – 10:30 AM EDT
Topics will include:
- The purpose of roadside inspections.
- Why it is imperative to successfully pass these inspections.
- How motor carriers and drivers must prepare for inspections and what to do if selected.
- What to do following the inspection
- How to properly DataQ. How to lower CSA scores.
Learn more and register for the webinar.
