November 23, 2004

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Headline News

• PTDI Evaluator Training A Success
• Proposed Rulemaking on Air Cargo Security Plan, Trucking Affected
• Do You Haul Haz-Mat? Reporting Tool Unveiled
• Drug and Alcohol Testing Procedures Amended
• Possible Haz-Mat Background Check Fee Increase
• Congress Approves Measure on Tire and Heavy-Vehicle Taxes

PTDI Evaluator Training A Success

On Friday, November 19, 2004 from 9:00 a.m. to 4:00 p.m. PTDI held it’s evaluator training program in Alexandria, Virginia. Evaluators are so important because the effectiveness of course certification depends on consistency of the team’s and Certification Committee’s reviews and evaluations. This consistency relies on a thorough understanding of the curriculum and certification standards and how they are applied which comes from training and experience.

The evaluator training brought together the Certification Committee and team leaders, and future PTDI leaders and helped the group see what is expected from the other’s viewpoint, and what would bring about the consistency required.

The following 22 individuals participated in the PTDI evaluator training, congratulations:

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Proposed Rulemaking on Air Cargo Security Plan, Trucking Affected

In the November 10, Federal Register, the Transportation Security Administration (TSA) issued a Notice of Proposed Rulemaking (NPRM) which proposes to amend current transportation security regulations to enhance and improve the security of air cargo transportation. The NPRM would require the adoption of security measures throughout the air cargo supply chain, and would impose significant barriers to terrorists seeking to use the air cargo transportation system for malicious purposes. This would include: airport operators; aircraft operators; foreign air carriers; and indirect air carriers. Industry comments on this NPRM must be submitted to TSA by January 10, 2005. To secure the air cargo supply chain, in the NPRM the agency is developing and implementing a “layered security system” that uses an optimal combination of information-technology-based solutions. Of particular interest, as it relates to the trucking industry, the NPRM proposes the following:

• To enhance existing requirements for indirect air carriers (i.e. freight forwarders). The NPRM proposes to expand the definition of indirect air carriers (IACs) to include businesses engaged in the indirect transport of cargo on larger commercial aircraft, regardless of whether the operation is conducted with a passenger aircraft or an all-cargo aircraft. In addition, the agency plans to strengthen security requirements for all IACs.

• A key element of the NPRM is to strengthen the application process, and TSA is developing a web-based centralized system for validating and revalidating IACs. Upon implementation of the Internet-based system, TSA proposes to require all businesses to use the system to obtain initial IAC approval and to renew their approval.

• Also, the TSA is proposing to require a comprehensive and recurrent training program for IACs. The agency also proposes to require IACs to designate a Security Coordinator at the corporate level. This individual will be responsible for implementing the IACs security program and will serve as the IACs primary point of contact for communication with TSA.

In addition, there are a number of other initiatives proposed that are directly related to the airline (both foreign and domestic) industry. A key component in the NPRM will be the codification of the “known shipper” program. The agency notes that this program has been substantially strengthened since September 11, 2001 and that additional security measures have been implemented over the past two years. Among the elements to be addressed in the NPRM include: how will TSA enforce compliance; securing the cargo operating environment; accepting cargo from comparable entities; fee authority for threat assessments; and the establishment of an all-cargo operator standard security program.

A copy of the November 10, NPRM can be downloaded by clicking here for an HTML and here for a PDF. For any questions or comments, please contact Rich Clemente at (703) 838-8847 or email: rclemente@truckload.org.

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Do You Haul Haz-Mat? Reporting Tool Unveiled

The Research and Special Programs Administration (RSPA) issued a notice in the November 17 Federal Register announcing that they are making publicly available a programming tool for companies or individuals to use to electronically file the hazardous materials (HM) incident report form (DOT Form F 5800.1) – in conjunction with the revised HM Incident Report taking effect on January 1, 2005. On December 3, 2003, RSPA had published a final rule under Docket HM-229 that made revisions to the incident reporting requirements. This HM-229 ruling provided persons subject to the incident reporting requirements with the option of submitting incident reports electronically, however at the time of that ruling that option was not available.

As detailed in the November 17 RSPA notice, those persons wishing to submit their incident data in an electronic format have two options. Option #1 is to fill out the form online, at http://hazmat.dot.gov. Option #2 is to submit a data file in an XML format. To facilitate electronic filing, RSPA has developed a programming tool – an XML schema format – and instruction document (also available on the website). The XML schema format establishes a template for data layout to facilitate electronic data submissions by providing for efficient data transmission, validation, and interpretation.

Please note as specified by the agency in the notice for incidents that occur prior to January 1, 2005, everyone must continue to use DOT Form 5800.1. For incidents that occur on or after January 1, 2005, persons must use the new DOT Form 5800.1 (01-2004). Electronic submission of incident data is only authorized for incidents that occur on or after January 1, 2005. A copy of the November 17 Register notice can be downloaded by clicking here for an HTML and here for a PDF. If you have any questions on this issue, please contact Rich Clemente at (703) 838-8847 or email: rclemente@truckload.org.

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Drug and Alcohol Testing Procedures Amended

The DOT, Office of the Secretary (OST) issued an Interim Final Rule in the November 9, 2004 Federal Register, which amends certain provisions of its drug and alcohol testing procedures to change instructions to laboratories and medical review officers (MROs) with respect to adulterated, substituted, and diluted specimen results. The changes are intended to avoid inconsistency with new specimen validity testing (SVT) requirements established by the U.S. Department of Health and Human Services (DHHS) that became effective on November 1, 2004. The effective date of the IFR is November 9, 2004, and comments to the IFR will be accepted by the agency through December 9, 2004. In the IFR, the agency is taking the following steps:

• The DOT is removing from Part 40 the requirement that MROs deal with substituted results in a two-tiered fashion (i.e., medical review for some and recollection under direct observation for others). MROs will provide medical review and verification for all laboratory-reported substituted specimen results.

• The DOT is removing Part 40 references to substituted specimens having creatinine levels greater than or equal to 2mg/dL.

• Laboratory testing criteria for specific gravity and creatinine concentration of substituted and diluted specimens have been made consistent with the DHHS Mandatory Guidelines. A urine specimen will be considered dilute when the creatinine concentration is greater than or equal to 2 mg/dL, but less than 20 mg/dL and the specific gravity is greater than 1.0010, but less than 1.0030.

• The DOT is making SVT laboratory instructions consistent with the DHHS Mandatory Guidelines. They are also adopting DHHS instructions that direct laboratories to perform validity tests for oxidizing adulterants and additional validity tests when certain conditions are observed.

• The DOT is making laboratory results reporting requirements parallel to those in the DHHS Mandatory Guidelines (with the exception of negative-dilute specimen results).

• Finally, while the DOT will change a number of items in Part 40 to bring consistency between part 40 and the DHHS Mandatory Guidelines regarding SVT, there are several important items that will be different as follows:

1) the DOT maintains its current position that SVT is authorized but not required. However, laboratories conducting SVT of DOT specimens must do so in accordance with the testing requirements established in the DHHS Mandatory Guidelines;

2) the DOT will require MRO’s to treat laboratory reported negative-dilute results with creatinine levels greater than or equal to 2 mg/dL, but equal to or less than 5 mg/dL as negative-dilutes that require immediate recollections under direct observation; and

3) to assist MROs with their negative-dilute results responsibilities, DOT is requiring laboratories to provide creatinine and specific gravity numerical values for all specimens they report to the MRO as being negative-dilute.

A copy of the November 9 Federal Register notice can be accessed by clicking here for an HTML and here for a PDF. If you have any questions on this issue please call Rich Clemente at (703) 838-8847 or email: rclemente@truckload.org.

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Possible Haz-Mat Background Check Fee Increase

The U.S. Transportation Security Administration published proposed rules on November 10, 2004 on background checks for hazardous materials drivers and the fees to cover them as required by the USA Patriot Act.

The proposed rules would require states to tell whether they will collect and transmit driver fingerprints or whether they have elected to have a TSA-designated contractor do it. Fees could range from $83 to $103 in states where a contractor handles the fingerprinting, more in states where the government does the job. The fees assessed in states that perform the fingerprint collection function themselves could be higher, since the rule did not establish a ceiling on the state-based fingerprint collection fees.

You can view the proposal by clicking here for an HTML and here for a PDF.

The 2003 USA Patriot Act requires background checks for hazardous materials drivers. The agency says its program to implement this requirement will become fully operational by Jan. 31.

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Congress Approves Measure on Tire and Heavy-Vehicle Taxes

The Michigan Trucking Association reported that Congress approved a $136 billion corporate tax bill, which would change the payment structure of the excise tax on tires and eliminate quarterly payments of the heavy-vehicle use tax. The Bill would provide hundreds of new tax breaks, however the provision requiring the heavy-vehicle use tax to be paid in full each year could hurt small trucking businesses and owner operators. The Bill would help trucking companies by allowing them to receive heavy-vehicle use tax credit for vehicles sold during a year. Additionally, tires under the 3,500-pound capacity would not be taxed, currently tires are taxed by the pound at all weights.

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