Author: Rick Schweitzer

The use of liquid nitrogen (LIN) in the food and beverage industry and for personal cryotherapy applications has increased significantly over the past several years.  This “near consumer use” of LIN presents particular issues of safety and liability exposure for gas distributors. Many of the major gas suppliers have stopped selling to cryotherapy facilities, citing too much risk.  Other companies see this growing industry as a significant opportunity to grow their business.  GAWDA members who sell to this market should be aware of the risks presented by this product, especially as customers and consumers handling LIN might lack experience and…

FMCSA Issues Expanded FAQs on Drug and Alcohol Clearinghouse Rule The Federal Motor Carrier Safety Administration has issued on its website an expanded list of Frequently Asked Questions and other information on the agency’s drug and alcohol testing clearinghouse rule. The new rule goes into effect on January 6, 2020. The web page allows employers and drivers to subscribe to receive emails from FMCSA with news, updates, and information to help prepare to use the clearinghouse. Employers and drivers will be able to register with the clearinghouse beginning in Fall 2019 to input and access data in the system once…

FMCSA Has New Resources on Drug and Alcohol Clearinghouse Updates The Federal Motor Carrier Safety Administration has released resources to help CDL drivers and their employers prepare for their roles in the Commercial Driver’s License Drug and Alcohol Clearinghouse. Mandated by MAP-21, this online database will contain information on drug and alcohol program violations committed by drivers subject to 49 CFR Part 382. Registration for the Clearinghouse will be open in the fall of 2019. Starting on January 6, 2020, all employers hiring new drivers will be required to check the clearinghouse for Drug and Alcohol Violations and to input data on…

PHMSA Revises 2016 Interpretation on Cylinder Labeling The Pipeline and Hazardous Materials Safety Administration has revised an interpretation letter (see below) dated October 20, 2016 to clarify that the words “flammable gas” or “non-flammable gas” may be placed on two lines instead of one line when set out in the transportation diamond as illustrated in CGA C-7, Appendix A. The new interpretation states that the Hazardous Materials Regulations provide several options for labeling of compressed gas cylinders. Although the letter states that neither CGA C-7, Appendix A nor the HMR specifically illustrate the hazard class text displayed on two lines, 49 CFR…

FMCSA Issues ANPRM on Eliminating or Modifying Driver Application The Federal Motor Carrier Safety Administration has published an Advance Notice of Proposed Rulemaking to solicit comments on whether the agency should eliminate or modify the driver application requirement. See 84 Fed. Reg. 8497 (March 8, 2019). The agency requests public comment on the value of and need for this requirement, and on ways the requirement for an employment application could be changed to reduce the associated paperwork burdens for drivers and motor carriers, including but not limited to the complete elimination of the requirement. The ANPRM notes that the Federal…

The Federal Motor Carrier Safety Administration has submitted an Information Collection Request to the Office of Management and Budget seeking approval to conduct a study on truck and bus maintenance requirements and their impact on safety. The FMCSA notice states the goal of the study is to determine what improvements, ranging from better compliance interventions to better vehicle maintenance requirements, would enhance motor carrier safety. A 2014 study by the DOT’s Volpe National Transportation Systems Center on the effectiveness of the FMCSA’s Safety Measurement System in identifying the highest risk motor carriers to be targeted for interventions found that motor…

FMCSA Reduces UCR Fees for 2019 The Federal Motor Carrier Safety Administration has published the Unified Carrier Registration fees for 2019, 2020 and thereafter. See 83 Fed. Reg. 67124 (December 28, 2018). For the 2019 registration year, the fees will be reduced below the 2017 registration fee level that was in effect by 18.62 percent to ensure that fee revenues collected do not exceed the statutory maximum, and to account for the excess funds held in the depository. The fees beginning with the 2020 registration year will be reduced below the 2017 level by approximately 9.9 percent. For 2019 and…

Two recent decisions regarding hazardous materials transportation in California, one from a federal agency and one from a court, could have a nationwide impact on the transportation of hazardous materials. Hazmat Carriers Granted Preemption of California Meal and Rest Break Requirements On Sept. 21, 2018, the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation issued a decision preempting the California meal and rest break requirements as applied to drivers of vehicles transporting hazardous materials. The decision granted a petition for preemption filed by the National Tank Truck Carriers (NTTC).  NTTC argued that the California meal and rest break regulations should…

Congress and the Department of Transportation are working to provide companies operating truck fleets some additional flexibility in complying with the driver hours of service regulations. The Federal Motor Carrier Safety Administration has issued guidance that liberalizes the rules for using a commercial motor vehicle as a “personal conveyance.”  The new guidance allows a driver to record time operating a CMV for personal conveyance (i.e., for personal use or reasons) as off-duty when the driver is relieved from work and all responsibility for performing work by the motor carrier, even when the CMV is laden.  The FMCSA added that motor…