January 25, 2005

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Headline News

• PTDI Certifies Truck Driver Training School Courses Across the U.S. and in Canada
• FMCSA Needs Your Feedback on Current HOS Rules
• TCA Supports Industry Comments on RSPA Proposal on Safe Food Transportation
• NHTSA Issues Final Rule on Brake Hoses, Updates Safety Standards
• FMCSA Adds New Registration Features to Website
• Preliminary Data Shows Big Truck Accident Decline in ‘04
• Fees Determined for Security Threat Assessments for HM-Endorsed CDL Drivers
• FMCSA Grants Industry Petition on Cargo Securement Rules
• FMCSA Issues Notice of Policy on Information from Commercial Driver’s License Information System
• OSHA Addresses Inconsistent, Duplicative, and Outdated Procedures

PTDI Certifies Truck Driver Training School Courses Across the U.S. and in Canada

FOR IMMEDIATE RELEASE
January 25, 2005

Contact: E. Nancy O'Liddy, Director Public Affairs
703/838-1950 or noliddy@truckload.org

Alexandria, Virginia – The Professional Truck Driver Institute (PTDI) is proud to announce it has recently certified and recertified the truck driver training courses of seven schools, from Alaska to Maine . A total of 60 schools now offer PTDI-certified courses in 26 states and Canada .

The schools that have undergone an intense reassessment of their program and facilities to obtain course recertification are Center for Employment Education, Anchorage , Alaska ; Central Tech Transportation & Safety Education, Drumright , Oklahoma ; Crete Carrier Corporation, Lincoln , Nebraska ; SAGE Technical Services, Billings , Montana ; Western Pacific Truck School of Oregon, Portland , Oregon . In addition, two schools have received initial course certification: Oxford Hills Adult Education/Oxford Hills Technical School, South Paris , Maine , and John Wood Community College , Quincy , Illinois (one additional course).

As a small school in rural Maine, Oxford Hills can sometimes be isolated, but, as Shirley Nardi, coordinator for the school's truck driving program, explained, that has changed with PTDI course certification. “ It is good to be part of this large group of truck drivers…with PTDI, it's not only you processing the information coming out of your program. One of the benefits for us is knowing that what we're providing to our students meets national standards,” Nardi said. “Being up here in Maine , we feel like we're a little apart from the rest of the country, so it's nice to know we are up to par with national standards.”

Nardi said they initially sought PTDI certification because their students were applying to interstate trucking companies with home bases in other states, “so if our program didn't have PTDI certification, our students wouldn't be hired. We wanted to give our students as many opportunities as we could.”

One reason Noel Stanley, director of driver training for Crete Carrier Corporation, cited for obtaining PTDI course certification also had to do with benefits to students. “PTDI certification ensures our students get the best education they can because we are meeting a set of standards that, hopefully, will become the industry standard—everything from driving skills to safety aspects to knowledge of rules and regulations of professional truck drivers. It does nothing but enhance their skills as they go out as solo drivers.”

Robert McClanahan, director, Central Tech Transportation & Safety Education, also emphasized the importance of offering the best safety-related program to students. “At Central Tech, we offer only PTDI entry-level training, and we are proud of that fact,” he said.

As past president of the National Association of Publicly Funded Truck Driving Schools, McClanahan has seen some “awfully good” truck driver training programs nationwide, including the program at Central Tech. “We always thought we had one of the best programs in the United States ,” McClanahan said, “but you have to look at your program occasionally.”

The PTDI certification process, he said, has made them take a more rigorous look at their program than they would have through the state evaluation process. And that is a definite advantage. “The greatest benefit of the PTDI process,” he said, “is the opportunity to objectively evaluate your program.”

PTDI is a national, nonprofit organization established for the twofold purpose of developing uniform industry skill, curriculum, and certification standards for entry-level truck driver training and motor carrier driver finishing programs, and certifying entry-level truck driver training courses at public and private schools and driver finishing programs at carriers for compliance with PTDI standards. PTDI is based in Alexandria , Virginia .
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FMCSA Needs Your Feedback on Current HOS Rules

In case you missed our Blast Fax announcement last week, the Federal Motor Carrier Safety Administration (FMCSA) published in the January 24, 2005 Federal Register a Notice of Proposed Rulemaking (NPRM) on the current HOS rules. Please note this NPRM contains no proposed changes to the current rules . The agency is seeking industry input on a number of questions on the current HOS rules. These comments are due to be filed with FMCSA by March 10, 2005 because of their “compressed schedule” [the current rules are in effect until September 30, 2005 ].

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TCA Supports Industry Comments on RSPA Proposal on Safe Food Transportation

On January 18, 2005, the Truckload Carriers Association (TCA) joined in support of the American Trucking Associations (ATA) filed comments in response to the Research and Special Program Administration's (RSPA's) December 21, 2004 Federal Register Supplemental Notice of Proposed Rulemaking (SNPRM) on their proposed implementation of the Sanitary Food Transportation Act of 1990. ATA was joined in these comments by its Agricultural and Food Transporters Conference and the National Tank Truck Carriers. Industry comments were due on January 20, 2005 .

The comments support RSPA's decision to address the safe transportation of food by referencing in its regulations the existing requirements of the U.S. Department of Agriculture (USDA) and the Food and Drug Administration (FDA), however, we do not support the wholesale incorporation of every regulation promulgated by these two agencies. Instead, the industry groups recommended that the agency identify and incorporate only those that specifically apply to the transportation of food. In addition, we also objected to RSPA's proposed incorporation of voluntary guidelines into the regulatory text, and asked the agency to develop a mechanism, such as a shipper's certification, whereby the carrier can easily determine that food being offered for transportation is in compliance with the applicable USDA and FDA regulations.

RSPA had issued this SNPRM that proposes to address the safe transportation of food and food products by referencing requirements already in place to transport food in commerce. As mentioned earlier, rather than issuing its own guidelines, the agency proposes to address the safe transportation of food and food products by referencing in its regulations requirements of the USDA and FDA that apply to those who transport these products by motor vehicle or rail. RSPA also said, that it will establish procedures for transportation safety inspections for the purpose of recognizing suspected incidents of contamination or adulteration of food, and they will promptly notify the USDA or FDA, as applicable, of any instances of potential food contamination or adulteration identified during inspections.

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NHTSA Issues Final Rule on Brake Hoses, Updates Safety Standards

The National Highway Traffic Safety Administration (NHTSA) published in the December 20, 2004 Federal Register a Final Rule that updates the Federal motor vehicle safety standard on brake hoses (FMVSS Standard No. 571.106) to incorporate the substantive specifications of several Society of Automotive Engineers (SAE) Recommended Practices relating to hydraulic brake hoses, vacuum brake hoses, air brake hoses, plastic air brake tubing, and end fittings. NHTSA initiated this rulemaking in response to a joint petition from several brake hose and tubing manufacturers with the publishing of a Notice of Proposed Rulemaking (NPRM) on May 15, 2003 .

In this Final Rule, in response to industry comments to the docket, NHTSA specifies that significant changes have been made to existing brake hose standards, with the effect of upgrading the performance requirements and test procedures relating to:

1. the hydraulic brake hose;
2. the air brake hose; and
3. the vacuum brake hose.

In addition, NHTSA is establishing requirements more specifically tailored for plastic air brake tubing, plastic air brake tubing assemblies and end fittings. The agency believes that the updated brake hose standard, which combines the most rigorous requirements of the latest SAE standards, and of FMVSS No. 106, “meets the need for safety.” A section-by-section analysis of the commenter's suggestions and the agency's responses are included in the preamble to the rule.

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FMCSA Adds New Registration Features to Website

The Federal Motor Carrier Safety Administration (FMCSA) recently announced that they have combined two registration websites: http://safer.fmcsa.dot.gov/OnlineForms.aspx and http://div.dot.gov in order to provide a more “streamlined” way for motor carriers, brokers, freight forwarders, hazardous materials (HM) carriers/shippers and cargo tank facilities to manage their registration process. Accordingly, users will now be able to file for USDOT number registrations, operating authority (MC/FF/MX numbers) registrations or updates to their registrations at one time, in one place. Features of this new website include:

• Answers to preliminary questions help to target users' registration needs. Based on the user's answers, the new system directs users through only the registration applications required for their specific needs;
• Allows interstate and intrastate motor carriers of HM to request a HM Safety Permit (new on-line feature);
• Allows individuals to request copies of rating request letters or USDOT notification letters;
• For operating authority transactions, provides carriers with a registration tracking number and a personal identifier. This new feature allows users to save all information they have already entered, meaning the process does not have to be completed all at once;
• Allows carriers to update their USDOT number registrations; file biennial updates; update the HM Safety Permit and Cargo Tank Facility registration; update their operating authorities (MC/FF/MX numbers) registration by filing a name or address change; reapply for a USDOT number after revocation or request their operating authority be reinstated; and notify the agency that they are no longer in business by voluntarily revoking their operating authority; and
• In addition, users will also be able to make civil fine payments via the SAFER website. Users will click “online fine payments” to access this feature.

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Preliminary Data Shows Big Truck Accident Decline in ‘04

According to preliminary data from the Federal Motor Carrier Safety Administration, the rate of fatalities from big truck accidents declined in 2004, after a small increase in 2003.

Warren Hoeman, deputy administrator for FMCSA, said commercial motor vehicle fatality rates fell from 2.31 per 100 million miles traveled to an estimated 2.23.

In 2003, the truck fatality rate rose slightly climbing from 2.3 to 2.31. Overall, the agency has traced an 18 percent decline in truck fatalities from 1996 to 2003.

Hoeman's remarks came at a forum on FMCSA safety initiatives Jan. 9 in Washington , D.C.

Preliminary data also was released from the Large Truck Crash Causation Study, an FMCSA project to gather data not just on how many truck crashes occur, but why they occur.

The agency has compiled nearly 1,000 accidents into a database, which the agency will make public later this year. It was reportedly found that vehicle condition and environmental issues play a small role in crashes, while driver behavior is the chief culprit.

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Fees Determined for Security Threat Assessments for HM-Endorsed CDL Drivers

The Department of Homeland Security, Transportation Security Administration (TSA) published a Final Rule in the January 13, 2005 Federal Register on the background checks of drivers with a hazardous materials endorsement (HME) on their CDL , and the fees to cover them as required by the USA Patriot Act. The TSA is establishing the following two new user fees, [in addition to the FBI Fee for performing the Criminal History Records Check (CHRC) on behalf of governmental agencies for non-governmental applicants]:

•  a fee to cover TSA's costs of performing and adjucating security threat assessments, appeals, and waivers (Threat Assessment Fee); and

•  a fee to cover the costs of collecting and transmitting fingerprints and applicant information (Information Collection Fee).

The TSA issued a companion HazMat Program Interim Final Rule (IFR) and request for comments on November 24, 2004 in which the agency amended certain standards relating to security threat assessments on drivers seeking or renewing an HME on their CDL. Most notably the IFR moved the start date of the fingerprint-based checks for transfer and renewal applicants back to May 31, 2005 , however, the agency did not extend the compliance date for new entrants, which remained as January 31, 2005 . The aforementioned January 13 Final Rule does not change any of these implementation dates, despite industry appeals for such. In December 22, 2004 filed comments with TSA, ATA appealed the November 24 IFR, expressing “serious concerns” with TSA's plan, and requesting the agency to reconsider the implementation of the fingerprint-based background checks. They further stated that their primary goal in submitting the appeal was to persuade TSA to implement the Transportation Worker Identification Card (TWIC) and apply its security threat assessment procedures to the issuance of HMEs. This appeal has not yet been formally addressed by TSA.

As specified in their January 13 rule, a State that opts to collect fingerprints and applicant information itself in accordance with the Hazmat Program Rule is required to:

•  collect and remit to TSA the Threat Assessment Fee in accordance with the requirements of the final rule; and

•  collect and remit to the FBI its user fee (FBI Fee) to perform a CHRC in accordance with established FBI procedures. A State that opts to permit a TSA agent to collect and transmit fingerprints and applicant information is not required to collect and remit to TSA any fees under this final rule. Rather, a TSA agent will collect and remit the fees to the agency.

The fees are as follows:

•  Information Collection Fee -- $38 (in States where a TSA collects fingerprints and applicant information),

•  Threat Assessment Fee -- $34, and

•  FBI Fee -- $22 (if TSA agent collects) or $24 (if State collects).

Thus, the total fee according to TSA is $94, for HME applicants who submit fingerprints and applicant information to a TSA agent. TSA notes that currently, seventeen States have opted to collect and transmit fingerprints and applicant information. The remaining 34 States opted to allow a TSA agent to perform those services. This State information can be directly accessed on TSA's web site at http://www.tsa.gov/public/interapp/editorial/editorial_1735.xml . In addition, a TSA spokesperson on January 12 confirmed that Integrated Biometric Technologies in Nashville , Tennessee has been chosen as the private vendor for States wanting to contract out fingerprint-based background checks for HM drivers.

One other key point in the January 13 rule is that TSA regulations at 49 CFR 1572.201 require Canadian drivers who transport explosives from Canada to the U.S. to submit certain information to Transport Canada -- which then conducts a background check and determines whether the drivers are properly licensed. Therefore, TSA says that the final rule will impact only individuals applying for a State-issued HME, not individuals with an HME issued by Canada or Mexico .

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FMCSA Grants Industry Petition on Cargo Securement Rules

The Federal Motor Carrier Safety Administration (FMCSA) notified the American Trucking Associations (ATA) on January 7, 2005 , that it had formally granted their June 9, 2004 petition on the agency's cargo securement rules, and will publish a Notice of Proposed Rulemaking (NPRM) -- with no time frame given for publication -- to implement the changes suggested in their petition.

The ATA filed a June 9, 2004 petition to the agency which raised three specific issues relating to their cargo securement rules:

•  to define normal operation conditions with one consistent set of accelerations (§393.102(a)(1) and (3) of Subpart I);

•  to delete the requirement for securement devices to be attached inboard of the rub rail on flatbeds (§393.104(f)(4) of Subpart I); and

•  to simplify verbage for securing dressed lumber (§393.118(d)(3)(iv)(B) of Subpart I).

In their petition, ATA had said that they believed these changes would result in more consistent enforcement of the regulations, and ultimately would result in improved highway safety. Please note that on June 18 of last year, TCA sent a letter to FMCSA Administrator Sandberg, expressing full support for the ATA Petition. The FMCSA's cargo securement rule was originally issued by the agency on September 27, 2002 , and became effective January 1, 2004 .

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FMCSA Issues Notice of Policy on Information from Commercial Driver's License Information System

The Federal Motor Carrier Safety Administration (FMCSA) published a notice of policy on the availability of information from the Commercial Driver's License Information System (CDLIS) in the January 13, Federal Register . This FMCSA notice was necessitated through sections 4004(a) and 4011(d)(5) of the TEA-21 legislation which expanded CDLIS access by requiring the Secretary of Transportation to develop a policy on making information available from CDLIS – which must conform to existing Federal laws and regulations.

A section in the Commercial Motor Vehicle Safety Act of 1986 directed the Secretary to establish an information system known as CDLIS, to exchange commercial driver licensing information among all the States. The TEA-21 language subsequently superceded this provision. Therefore, in the notice, the agency states that it is their policy “that another Federal agency may request access to information in CDL IS by written submission to FMCSA's Chief Safety Officer. In the request, the applicant must state the legal basis and the need for access to CDL . A Federal agency will be required to execute a Memorandum of Understanding (MOU) with the Department of Transportation and/or FMCSA before access to CDLIS data will be provided.” This policy is effective January 13, 2005.

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OSHA Addresses Inconsistent, Duplicative, and Outdated Procedures

The Occupational Safety and Health Administration (OSHA) issued a Final Rule in the January 5, 2005 , Federal Register on the second phase of its standards improvement project. This project addresses inconsistent, duplicative or outdated provisions in the agency's safety and health standards for general industry, maritime and construction. Phase I of this OSHA effort was completed by the agency back in 1998.

The January 5 final rule revises or eliminates medical provisions in older standards that were at one time considered accepted practice, but have since been deemed obsolete or unnecessary in current medical practice. For example, annual rather than semi-annual medical examinations will now be required for long-term employees exposed to inorganic arsenic, coke oven emissions, and vinyl chloride. The final rule also eliminates reporting requirements that have failed to benefit employee health. For example, employers will no longer have to notify OSHA of all workplace releases for certain specified carcinogens. In addition, while employers are still required to establish regulated work areas for vinyl chloride, inorganic arsenic, acrylonitrile, and for the 13 known occupational carcinogens, they will no longer be required to notify the agency each time they do so. The rule also updates chemical exposure provisions by making them consistent in terms of the frequency of monitoring and the manner of employee notification of monitoring results. The effective date of the final rule is March 7, 2005 .

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