September 14, 2004

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Headline News


Look for the PTDI Advantage Biweekly

Last Tuesday PTDI faxed a questionnaire to gauge the importance of the weekly distribution of the PTDI Advantage e-newsletter. This was the second attempt to get feedback on the newsletter and the response to the survey showed that most recipients would not be opposed to receiving the newsletter biweekly rather than weekly. Effective today the newsletter will be delivered to you every other week rather than every week.

Of concern to the PTDI staff was the fact that many survey respondents requested that the PTDI Advantage cover federal regulations and rules concerning driver training. Federal regulations are always a large part of the PTDI Advantage newsletter and any rules involving driver training are featured as the lead story. If you have any additional feedback or newsletter ideas please contact Aimee Cirucci at acirucci@truckload.org.

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Voluntary Ergonomics Guidelines Released for Poultry Industry, Trucking Still Unaffected

The Occupational Safety and Health Administration (OSHA) Administrator John Henshaw announced on September 2 that employers and workers in the poultry processing industry now have a set of voluntary guidelines to draw on to help reduce ergonomic-related injuries. The agency announced that Guidelines for Poultry Processing offers practical recommendations for employers to reduce the number and severity of musculoskeletal disorders (MSDs) throughout that industry. With the development of these voluntary guidelines for the poultry processing industry, they have now joined the nursing home and retail grocery store industries that have developed industry-specific ergonomic guidelines – as one part of OSHA’s comprehensive strategy to reduce ergonomic-related injuries. “These are voluntary guidelines intended to build upon progress made in the poultry processing industry,” Henshaw emphasized. “We will continue working with those who’ve helped us deliver this important product – individual firms in the industry, trade and professional associations, labor organizations, and the medical community – to reduce ergonomic-related injuries, which is always our principal goal.”

It is worth noting, that while OSHA has developed voluntary guidelines for these respective industries, the trucking industry, however, has of yet been unaffected with any proposed or draft ergonomic guidelines resulting from recommendations by OSHA or its National Advisory Committee on Ergonomics (NACE) or other OSHA initiatives on this issue. However, we feel it is important to inform you that the NACE has established a working group to identify additional industries for guidelines based on injury data collected by the Bureau of Labor Statistics. The NACE held its fifth public meeting on May 11-12, 2004 in Washington, DC, and a final meeting of this group is currently scheduled for November 2004. NACE was chartered for a two-year term back in late 2002, to provide advice and recommendations on ergonomic guidelines, research, and outreach and assistance.

All three sets of the aforementioned voluntary ergonomic industry guidelines are available on OSHA’s website at www.osha.gov. TCA will keep you informed if our industry is affected in any way by these on-going NACE meetings and discussions.

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RSPA Clarifies Hazardous Materials Regulations

The Research and Special Programs Administration (RSPA) issued a Final Rule in the September 7, Federal Register that corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations (HMR). RSPA notes that the intended effect of this Final Rule is to enhance the accuracy and reduce misunderstandings of the HMR.

The RSPA periodically reviews the HMR (49 CFR Parts 171-180) to identify errors that may confuse readers.

Therefore, inaccuracies corrected in this Final Rule include:

1. typographical and printing errors
2. incorrect references to regulations in the CFR
3. inconsistent use of terminology, and
4. misstatements of certain regulatory requirements.

RSPA noted, in addition, that because these amendments do no impose new requirements, notice and public comment on the revisions was not necessary. In the Final Rule, RSPA makes amendments to the following sections of the HMR: 49 CFR Parts 106, 107, 171-173, and 178-180.

The effective date of this Final Rule is October 1, 2004, and a copy of the September 7 RSPA Federal Register notice is available by clicking here for a PDF and here for an HTML. For further questions or comments, please contact TCA’s Rich Clemente, at (703) 838-8847 or by email: rclemente@truckload.org.

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Importers and Brokers May Participate in National Customs Automation Program Test

The Department of Homeland Security (DHS), Bureau of Customs and Border Protection (CBP) issued a notice in the September 8, Federal Register, which clarifies that importers and their designated brokers may still apply to establish accounts to participate in the National Customs Automation Program Test for the Automated Commercial Environment (ACE) Secure Data Portal. In the notice, CBP also invites customs brokers to participate in the ACE Portal test. In order to become an ACE broker account, a customs broker will no longer need to be designated specifically as the broker by an ACE importer account participating in the Periodic Monthly Statement Test. CBP states in the September 8th notice that the test application period remains open until further notice.

By way of background, the DHS, CBP had announced in a February 4, 2004 Register notice that they were now accepting applications to establish Truck Carrier Accounts for a National Customs Automation Program test for the ACE. Those carriers who open accounts will eventually have the ability to file truck manifest information electronically via the ACE Secure Portal Data and/or via electronic data interchange (EDI) messaging. These account holders will also have access to operational data, receive status messages on ACE Accounts, have access to integrated account data from multiple system sources, manage and disseminate information in an efficient and secure manner, and obtain release of their cargo, crew, conveyances, and equipment via the ACE Portal or EDI messaging. The ACE Secure Data Portal, is essentially a customized computer screen similar to a website home page, which provides a single, centralized on-line access point to connect CBP and the trade community.

The September 8 Register notice provides a list of information that must be included on an ACE Importer Account Application, and an ACE Broker Account Application as well. Additionally, all participants (brokers) requesting to participate in the Periodic Monthly Statement are required to provide a bond rider covering the periodic payment of estimated duties. For questions regarding ACE Importer or Broker Accounts contact Ms. Sherri Braxton via e-mail at acenow@dhs.gov or by telephone at (703) 440-3000. A copy of the September 8 Federal Register notice can be accessed by clicking here for a PDF and here for an HTML.

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