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conduct unannounced, random inspections of commercial vehicles at
terminals, weigh stations, truck stops along the roadside and at
destinations. Vehicles that fail random safety inspections are
immediately placed out of service and not allowed to operate until
the identified safety problems are addressed.
In 2012, approximately 3.5 million random inspections were
conducted. In June 2012, FMCSA eliminated a comparable
requirement for truck drivers operating intermodal equipment trailers
used for transporting containerized cargo shipments. By eliminating a
requirement for drivers to submit “no defect” inspection reports of
intermodal equipment trailer, cost savings to the intermodal industry
is estimated to be $54 million annually without an adverse impact
upon safety.
FMCSA will collect and review comments on the proposed rule,
and NEFI will submit comments supporting the change.
U.S. DOT May Soon Require
Electronic Shipping Paper Capabilities
The DOT’s Pipeline and Hazardous Materials Safety Administration
(PHMSA) is seeking shippers, hazardous material transporters, law
enforcement personnel and emergency responders willing to
participate in a paperless hazard communication system pilot
program.
In a recent notice, PHMSA said it is seeking volunteers for a pilot
project to evaluate the feasibility of using electronic systems to convey
information that is currently featured on paper shipping documents.
Federal hazardous materials transport regulations require shippers to
identify key hazard communication information, including the U.N.
number, proper shipping name, and hazard class of the material, on a
document that accompanies the shipment.
The recently passed surface transportation act provided PHMSA
with the authority to conduct paperless hazard communication pilot
projects. The law also requires PHMSA to submit a report to Congress
by Oct. 1, 2014, making recommendations for regulatory changes that
would permanently authorize the use of electronic hazard
communication systems. The pilot programs will aid PHMSA in
evaluating the capabilities, safety, security, benefits and costs of using
paperless hazard communication systems, the notice said.
PHMSA said it plans to conduct pilot tests in three or four regions of
the United States, concentrating the tests on areas that possess the
highest concentrations of hazmat registrants and that historically have
a high number of hazmat incidents resulting in injuries or death.
Shippers and carriers who express interest in participating in the pilot
program will be required to provide PHMSA with certain information,
including the geographic area of their business, the technology of
their electronic systems, the classes of hazardous materials that the
company ships, and the modes of transportation associated with the
shipments. A proposed rule to require paperless hazardous
communication may follow as early as 2015.
PHMSA Issues Safety Alert on LPG Tank Odorization
PHMSA is urging shippers and carriers of liquefied petroleum gas
(LPG) to implement quality control checks to ensure that the gas is
sufficiently odorized for leak detection. The federal Hazardous
Materials Regulations (HMR) specify that all LPG in cargo and portable
tanks be effectively odorized using either 1.0 pound of ethyl
mercaptan, 1.0 pound of thiopane, or 1.4 pounds of amyl mercaptan
per 10,000 gallons of LPG, in the event of an unintended release or
leak to indicate the presence of gas.
Although the HMR requires odorization of LPG in cargo tanks and
portable tanks, there are no such requirements in the HMR for rail tank
car tanks and cylinders. However, PHMSA recommends that all LPG
transported in rail tank car tanks or cylinders be odorized. PHMSA also
recommends that quality control checks be conducted to ensure that
the appropriate amount of odorant is added during the manual
injection process.
In addition PHMSA recommends that shippers and carriers perform
equipment calibration checks to ensure consistent odorant injection
levels during automatic injections. PHMSA also advised that people
who fill new or recently cleaned tanks should implement “appropriate
quality control measures” to prevent odorant fade, a phenomenon in
which new or recently cleaned tanks absorb the odorant into their
metal shell, limiting the effectiveness of the remaining unabsorbed
odorant. PHMSA said it is aware of “several incidents” that are directly
linked to odorant fade. One such incident occurred at a construction
site in Massachusetts when an improperly odorized LPG cylinder
exploded resulting in seven injuries and one death.
GAO Slams Federal TWIC Card Program
Used By CDL Drivers to Access Port Facilities
According to a new U.S. General Accountability Office (GAO) report
to Congress, the U.S Department of Homeland Security’s (DHS) effort
to secure designated ports from possible terrorist threats by requiring
CDL drivers to obtain security credentials to gain access to deliver
goods is a failure.
The high tech TWIC security credentialing program was designed to
protect vital U.S. ports from terrorist attacks by electronically storing
driver security information, such as fingerprints, residency documents
and other information on a biometric identification card, which is
scanned prior to access. CDL drivers, including those that haul
petroleum products to and from designated “high risk” ports, must
carry a TWIC card to gain unrestricted access to the port facility. The
TWIC program has been unpopular with drivers since its inception in
2003 due to the time and expense needed to apply for and receive
the electronic security card.
The GAO report concluded the $10 billion federal program “fails to
provide reasonable assurance that access to secure areas … is
restricted to qualified individuals.” One primary fault found in the
program lies with the electronic scanner that reads the biometric
information stored on the TWIC card. The GAO found that scanners
used in the field were slow to read information and in many cases
inaccurate. The GAO found that it took on average 1 minute and 36
seconds for scanners to download, read and affirm security
information embedded on the TWIC card. This time was far slower that
the 11-second average achieved previously in laboratory testing of the
scanner. In addition many of the scanners were unable to access and
read needed security data. It remains unclear whether the reader or
card itself is the problem, the GAO said.
The GAO recommended to Congress that it halt DHS’s efforts to
promulgate a final regulation implementing the scanner requirement
until the successful completion of a security assessment of the
effectiveness of using TWIC. The report comes at a bad time for the
U.S. Department of Transportation, which is mulling over the
possibility of extending the TWIC program beyond designated ports
to all security sensitive facilities such as refineries and terminals.
