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October
26, 2004
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Headline
News
Lead the Change Initiative Successfully
Good
leaders don’t accept the status quo. When you need to convince
your workforce to shift gears, remember these tips for moving forward:
• Give and early warning. Sudden changes can be disconcerting
and stressful. Try not to surprise anyone with the need to do things
differently. People will respond better if they have time to digest
the news and prepare themselves for the new order.
• Communicate every step. Uncertainty creates an atmosphere
of tension in a workforce, which increases resistance to any change
effort. Explain the big picture but don’t neglect the details.
Tell people what to expect on a day-by-day basis.
• Don’t criticize the past. Change may be necessary,
but that doesn’t mean that everything old is negative. People
may feel embarrassed or angry by the implication that their past
actions and efforts were wrong-headed. Let them save face by keeping
everyone’s attention focused on what worked well and what
they can expect to work better in the future.
• Reward the extra effort. Learning new skills and adjusting
to a new routine is work. Recognize people for the time and emotional
energy they put into change. Praise, time off, and other rewards
will help them feel well compensated for the additional effort.
• Don’t ignore the sadness. People will feel a sense
of loss when they give up an established, comfortable way of doing
things. Allow them to grieve for the old, and give them the time
to accept and embrace the new before you consider your change efforts
a success.
Adapted from “Reaching the commitment Stage of Change,”
by Mary Pille, on the InterBusiness Issues website.
Top
PTDI Offers Free Evaluator Training
Who:
Current PTDI Certification Committee and Educational Team Leaders Prospective
PTDI Certification Committee and Educational Team Leaders
What:
Free* Staff Development Opportunity: PTDI Evaluator Training for
• Current
& Prospective PTDI Certification Committee Members
• Current & Prospective Educational/Evaluation Team Leaders
(ETLs)
* You pay only for your travel to &
from the training
When:
Friday, November 19, 2004, 9:00 a.m. – 4:00 p.m.
Where:
American Trucking Associations (ATA) Building (PTDI Office)
2200 Mill Rd., Alexandria, Virginia
Why: The
effectiveness of course certification depends on consistency of the
team’s and Certification Committee’s reviews and evaluations.
Consistency relies on a thorough understanding of the curriculum and
certification standards and how they are applied. This comes through
training and experience.
Bringing together
the Certification Committee and team leaders will help each group see
what is expected from the other’s viewpoint, and will help bring
about the consistency required.
Training is required
to serve as a Certification Committee member or as an on-site school
visit team member.
Qualifications of
Certification Committee and Educational Team Leaders:
• Certification
Committee members are members of the PTDI Board of Directors. The
makeup of the seven-member Committee represents schools, insurance,
carriers and the public. On-site team leaders are administrative or
instructional personnel from schools with PTDI-certified courses.
• Are willing and able to thoroughly review and verify an institution’s
course administration, curriculum, instructional personnel, training
vehicles, instruction, student evaluation and testing, outcomes, and
records. The on-site team is the eyes and ears of the Certification
Committee, who then reviews the findings of the on-site team.
• Understand the curriculum and certification standards
• Objectively apply the curriculum and certification standards
• Volunteer their time and services to the certification process.
Team leaders are reimbursed for travel expenses for on-site visits
(Training is not covered.).
• Are willing to travel regionally or nationally and to participate
in up to three on-site visits per year (Committee – for Committee
face-to-face and conference call meetings)
• Represent institutions that are in good standing with PTDI
• Sign a code of conduct to ensure objectivity and confidentiality
• Participate in training as a Certification Committee or Team
Leader.
Top
Amendment Would Raise Penalties for HOS and Other Violations
An amendment to
legislation pending to reauthorize highway funding for the next six
years would substantially increase fine for hours-of-service and out-of-service
violations. The amendment would also hold managers responsible if they
order or allow violations. Currently a conference committee is working
on a compromise between the different version of the highway bill reauthorization
the House and Senate both passed.
Top
Industry
Petition on Safety Performance History of New Drivers Denied
In an October 15
letter sent by Federal Motor Carrier Safety Administration (FMCSA) Administrator
Annette Sandberg to the American Trucking Associations (ATA) the agency
denied their petition to reduce from 30 to 5 days the time frame that
former employers have to respond to a request for driver background
information. This 30-day time frame was mandated by the FMCSA per their
March 30, 2004 Final Rule on the Safety Performance History of New Drivers
(49 CFR §391.23(g)(1)). You will recall that on May 10, TCA had
sent a letter expressing our support for the ATA filed petition to the
agency as well.
The lone issue in
ATA’s petition involved §391.23(g)(1) of the rule that mandates
a 30-day response time for the prior motor carrier to respond to the
previous employer with the requested information on a prospective employee.
ATA felt that this 30-day period was far too long, and petitioned the
agency to reduce this time frame to 5 days. However, an excerpt from
the Administrator’s letter denying the request reads as follows:
“When previous employers have significant safety information about
a former employee driver, it may take them some time to review the information
properly and communicate this information to the prospective employer.
A 5-day window in these situations is simply not practical. Many motor
carriers are small businesses that cannot afford the administrative
staff to process requests of this kind rapidly… A 5-day turnaround
time would impose a disproportionate and unjustifiable economic burden
on such carriers.”
Click
here for a copy of the FMCSA denial letter. For further information
or questions on this issue, please contact Rich Clemente at TCA (703)
838-8847 or email: rclemente@truckload.org.
Top
TCA
Attends FMCSA Comprehensive Safety Analysis 2010 Listening Session
On October 19, Rich
Clemente, TCA’s Director of Safety attended the fifth of six of
the Federal Motor Carrier Safety Administration's (FMCSAs) “Comprehensive
Safety Analysis 2010 Listening Sessions” that was held in Falls
Church, Virginia. This series of six public listening sessions have
been scheduled by the agency to solicit input on ways they can improve
the process of monitoring and assessing the safety of the nation’s
motor carriers and ensuring their compliance with federal regulations
-- primarily through their Compliance Reviews (CRs) and SafeStat initiatives.
One remaining Listening Session is scheduled for October 26 in Springfield,
Massachusetts.
This fifth session was very well attended by a number of truck (and
bus) company and industry trade Association representatives, and other
industry professionals. Department of Transportation (DOT) Secretary
Norman Mineta and FMCSA Administrator Annette Sandberg were in attendance
for the Listening Session as well.
The day was broken up into a number of individual breakout sessions,
which were facilitated by representatives from Touchstone Consulting
who are working with the agency on this initiative. The format for the
breakout sessions was to solicit input and feedback from the attendees
on the agency's "three-pronged" view of their CR process:
1) the current
state;
2) the case for change; and
3) the future state.
The feedback from
the participants on the FMCSA's CR and current SafeStat processes was
considerable, however, the “key” discussion points centered
around some of the following issues:
1) the purpose
of the CR;
2) agency resources for doing CR's (as currently only 2% of the trucking
companies with operating authority receive a CR/year);
3) data and data quality issues;
4) training and education; and
5) drivers, the driver's history and the driver shortage issue.
Please note that
all of the feedback and comments from this and all of the other five
Listening Sessions will eventually be posted on the agency's Docket
Management Website: http://dms.dot.gov
-- approximately 60 days after each session has been completed. The
Docket Number is 18898 for accessing this information.
Administrator Sandberg spoke briefly prior to the breakout sessions
regarding the Agency’s reasoning for scheduling the sessions,
and she was subsequently questioned about a few regulatory and legislative
issues as well. When questioned about this "Compliance Review"
initiative being targeted for a year 2010 completion, she said that
while this is true, there would be a number of proposals and rulings
along the way issued by their agency for "tweaking" aspects
of the current CR (and SafeStat processes).
TCA will keep you posted on this issue. Please call or email Rich Clemente
at (703) 838-8847 or rclemente@truckload.org
if you would like to discuss this matter further, or if you would like
to receive handout materials from the session.
Top
FMCSA Issues Proposed Changes to Motor Carrier Safety, Haz Mat and Other Enforcement
Proceedings
The Federal Motor
Carrier Safety Administration (FMCSA) issued a Supplemental Notice of
Proposed Rulemaking (SNPRM) in the October 20, Federal Register,
proposing to amend its rules of practice for motor carrier safety, hazardous
materials (HM), and other enforcement proceedings. According to the
agency, these rules would increase the efficiency of the procedures,
enhance due process and the awareness of the public and regulated community,
and accommodate recent programmatic changes. The rules would apply to
all motor carriers, other business entities, and individuals involved
in motor carrier safety and hazardous materials administrative actions
and proceedings with the Agency. Industry comments must be filed with
the FMCSA on or before December 6, 2004.
A Notice of Proposed
Rulemaking (NPRM) was issued by the then Federal Highway Administration
(FHWA) back in early 1996 which proposed the first comprehensive rewrite
of the FHWA’s rules of practice for motor carrier administrative
proceedings since 1985 – which was intended at that time to be
a “forerunner” of the agency’s “zero-base”
review of the Federal Motor Carrier Safety Regulations (FMCSRs). One
part of this proposal was to entirely eliminate the rules of practice
contained in Part 386, and replace them with “new” rules
of practice in new part 363 of the FMCSRs. The goal of that prior proposal
was to improve the then existing rules of procedure for motor carrier
enforcement proceedings.
In the October 20
SNPRM, the agency only proposes changes to part 386, Rules of practice
for motor carrier, broker, freight forwarder, driver and HM proceedings,
including the agency’s occasional enforcement of the HM regulations
on shippers. Most of the SNPRM proposed changes are technical in nature
to eliminate inconsistencies or increase the efficiencies of the procedures.
However, a few notable proposed changes include:
1) a proposed
changing of the time frame within which respondents must reply to
the notice of claim -- current §386.14 provides 15 days from
the date of service of the notice of claim for the respondent to reply
which is proposed to be changed to 30 days; and
2) in §386.16 the agency is proposing to provide an informal
oral hearing as a new adjudication option.
A section-by-section
summary of all of the other proposed changes can be found in a copy
of the actual October 20 Register notice which can be downloaded
by clicking
here for a PDF and here
for an HTML. If you have any questions on this issue, contact Rich
Clemente at (703) 838-8847 or email: rclemente@truckload.org.
Top
FMCSA
Releases Official Statement on Congressional HOS Action
FMCSA Administrator
Annette Sandberg issued the following statement on October 5 regarding
the recent Congressional action on the hours of service (HOS) rules.
“The FMCSA recognizes the intent of the Congress in adopting the
HOS provision as part of the highway reauthorization extension (H.R.
5183) passed September 30 to avoid widespread disruption within the
motor carrier industry and to enhance effective enforcement of the HOS
requirements. We believe the new rule, announced in April 2003, significantly
advances commercial vehicle safety by extending drivers’ required
off-duty time from 8 to 10 hours, shortening on-duty time from 15 to
14 hours, and preventing extension of the workday. The rule increases
each driver’s opportunity to get sufficient rest. This improves
drivers’ “physical condition” an important boost to
highway safety. FMCSA remains committed to rules that address the safety
challenge of a diverse industry through clear, enforceable, science-based
steps. Accordingly, we have accelerated the September 1, 2004 Advance
Notice of Proposed Rulemaking, describing the agency’s request
for information on the costs and benefits associated with Electronic
On-Board Recorders. Also, the agency has contracted for literature reviews
on the effect of hours of service regulations on driver health. This
will provide the information necessary for revising the HOS rule. The
action by Congress means the new hours of service stay in effect and
will be enforced until September 30, 2005, or until such earlier time
as FMCSA issues a revised rule addressing the concerns of the U.S. Court
of Appeals for the District of Columbia Circuit stated in Public Citizen
et. al v. FMCSA.”
Regarding the status of the U.S. Court of Appeals pending decision on
the HOS case, on October 8, the Court granted the “interveners”
recent motion to withdraw our prior motion (in light of the legislative
extension of the current rules) and also dismissed as “moot”
the motions of the would-be amici (including CVSA, OOIDA, and NITL)
to participate. As further developments warrant, we will keep you posted,
for questions on this issue, please contact Rich Clemente at (703) 838-8847
or email: rclemente@truckload.org.
Top
USDA
Announces New Voluntary Agricultural Security Guidelines
The U.S. Department
of Agriculture (USDA) recently released the new, voluntary security
guidelines for haulers of food and agricultural products. The new “Guide
for Security Practices in Transporting Agricultural and Food Commodities”
and the accompanying “Agricultural and Food Transporters Conference
(AFTC) Resources Directory for Security Practices in the Transportation
of Agricultural and Food Commodities” were recently released during
the AFTC education session at ATA’s Management Conference and
Exhibition in Las Vegas. This guide is designed to enhance security
measures practiced by the nation’s approximately 27,000 commercial
transporters of agricultural and food-related products across the nation
each year.
The new AFTC/USDA
Security Guide contains security checklists for commercial transporters
of agricultural commodities and food products and their drivers. The
accompanying AFTC Resources Directory contains a new vulnerability and
threat assessment tool and a security-planning guide for commercial
transporters of agricultural commodities and foodstuffs. “These
guidelines are practical, flexible and proactive,” according to
Deputy Secretary of Agriculture James Moseley. Fletcher Hall, AFTC Executive
Director added, “This is the first set of guidelines that that
USDA has done that have been voluntary, and it has been a partnership
between the private sector and the government.” Information for
obtaining the guide can be found by clicking
here, and for further questions about these guidelines, contact
Fletcher Hall at (703) 838-7999 or by email at: fhall@trucking.org.
On another related
issue, the Food and Drug Administration has yet to issue a final rule
on the one remaining section (Section 306 - Recordkeeeping) of the Bioterrorism
Act of 2002. This section of the Act covers the establishment and maintenance
of records to allow for the identification of immediate previous sources
and immediate subsequent recipients of food to assist the agency track
food implicated in future emergencies. By way of reminder, the other
three “key” sections of the Act – Administrative Detention
(Section 303); Registration of Food Facilities (Section 305) and Prior
Notice of Imported Food Shipments (Section 307) have already been issued
in final rule form. TCA will keep you posted on further developments
with the food security regulations as they occur.
Top
2004
Emergency Response Guidebook Now Available
The Research and
Special Programs Administration (RSPA) recently announced that the 2004
Emergency Response Guidebooks (ERGs) have been published and are now
available to the industry. The ERG 2004 was jointly developed by the
U.S. Department of Transportation, Transport Canada, and the Secretariat
of Communications and Transportation of Mexico for use by firefighters,
police and other emergency services personnel who may be the first to
arrive at the scene of a hazardous materials transportation incident.
The guide is primarily used to aid first responders in:
1) quickly identifying
the specific or generic classification of the material(s) involved
in the incident; and
2) protecting themselves and the general public during this initial
response phase of the incident.
The ERG is updated
every 3 to 4 years to accommodate new products and technology, and the
next version is scheduled for 2008.
A brief summary
of the changes to the 2004 ERG follows. As for General Information various
sections have been expanded and/or revised including:
1) What is a Toxic
Inhalation Hazard?
2) Isolation and Evacuation Distances;
3) Who to Call for Assistance;
4) Hazard Classification System;
5) Table of Placards and Initial Response Guide to Use On-Scene;
6) Rail Car and Road Trailer Identification Charts;
7) Hazard Identification Codes Displayed on Some Intermodal Containers;
8) Introduction to the Table of Initial Isolation and Protective Action
Distances;
9) Criminal/Terrorist Use of Chemical/Biological/Radiological Agents;
10) Glossary; and
11) Emergency Response Telephone Numbers.
Other significant
changes include an Index List of Dangerous Goods in Order of ID Number
and a Table of Initial Isolation and Protective Action Distances, and
the Table of Water-Reactive Materials Which Produce Toxic Gases.
To obtain a copy
of the 2004 ERG click
here. This website also contains a number of other ERG related information
documents for download including:
1) the ERG State
Coordinators List;
2) DOD and Federal Agencies Point of Contact for the 2004 ERG; and
3) a Summary of the Changes from the 2000 version of the ERG.
Top
Reminder
- Customs and Border Protection Changes Take Place on Nov. 15
Effective November
15, 2004, U.S. Customs and Border Protection (CBP) is initiating changes
to the current system at 40 ports with two consecutive implementation
dates on December 15, 2004 and January 14, 2005 for the remaining ports.
Customs requires pre-notification on all freight coming into the U.S,
if they do not receive pre-notification, the truck will be refused entry
into the U.S and the process will have to re-start. Repeat non-compliance
occurrences will result in fines to carriers. Pre-notification must
be faxed to the border one hour before arrival, one half hour for BRASS.
CBP offers four
(4) clearance programs for freight entering or transiting in the U.S.:
• Pre-Arrival
Processing System (PAPS)
• QP / WP (an in-bond processing program that allows US Customs
Brokers to process and send information on in-bond shipments to CBP
• Border Release Advance Screening and Selectivity (BRASS)
• Customs Automated Forms Entry System (CAFES)
Please refer to
www.cbp.gov for complete details on the clearance programs and implementation
dates.
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