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There were quite a few news items recently related to transportation. The following information was gleaned from various trade publications and news releases and the accuracy has not been verified. It is hoped some of this information will be of value to you. Transportation and Energy Bills Signed into Law President Bush Signed the $286.4 billion transportation bill into law on Wednesday of last week. This closely follows his signing of the Energy Bill on Monday. The bill funds much needed bridge and highway projects as well as rail and bus facilities and bike paths. Some critics claim as much as $24 billion of the highway bill was directed for “special projects” (more commonly known as Pork) Broker and Forwarder Registration Dropped A little-noticed provision in the highway bill may mean shippers assume more risk when using domestic general freight brokers and forwarders to move their goods. The new law lifts the requirement that brokers and forwarders register with the Department of Transportation, meaning effectively that anyone can call themselves forwarders. The administration inserted the provision into the bill, and it is thought to be an extension of transportation industry deregulation. Household goods brokers and forwarders will still be required to register. Swift to Buy BNSF Containers Swift Intermodal division of Swift Transportation has agreed to acquire 3,800 containers from BNSF Railway, signaling a shift of rail container ownership to intermodal providers. The 53-foot containers had been leased by BNSF as part of the North American Container System program. The acquisition represents the majority of BNSF's 53-foot containers in the NACS fleet. BNSF will allow free interchange of the remaining NACS containers that are still in service through Dec. 31. BNSF representatives say Swift's ownership will maximize the utilization of the container fleet and allow the railroad to improve "operational fluidity" of its intermodal facility. NHTSA issues new driver license requirements After September 27, 2005, states must verify an individual's eligibility to receive a license through informational checks of both the National Driver Register (NDR) and the Commercial Driver's License Information System (CDLIS) before issuing or renewing a motor vehicle operator's license, according to information published in the Federal Register July 29. The final rule (23 CFR Part 1327) from the National Highway Traffic Safety Administration (NHTSA) amends NDR regulations to reflect a statutory change. The final rule clarifies that pointer records reported to the NDR must only regard individuals who have been convicted or whose license has been denied, canceled, revoked, or suspended for one of the offenses identified in the Appendix. In addition, the final rule adds a definition for the term "employers or prospective employers of motor vehicle operators" to include only those persons who hire individuals to operate motor vehicles on a regular basis during the normal course of their employment. An employer that hired an individual to make regular business deliveries would be covered under this definition, whereas an employer that allowed an employee to use a company-owned vehicle or to rent a vehicle (and receive reimbursement) to attend a business conference or take an occasional business trip would not be covered. Customs Stops Paper C-TPAT Applications Applicants to the Customs-Trade Partnership Against Terrorism must now submit their applications online. The Bureau of Customs and Border Protection announced it quit accepting paper C-TPAT applications to streamline the process. The change comes on the heels of stricter C-TPAT admissions requirements, which took effect in March, for importer applicants and more new requirements are in the works. The C-TPAT program has come under fire recently via a scathing Government Accountability Office report and subsequent congressional inquiry. They said the program is unable to deliver the degree of cargo security it promises. FMCSA Ordered to Issue Intermodal Chassis Rule Congress ordered federal regulators to issue a rule making owners of intermodal chassis’ responsible for their safety and for maintaining the equipment. The move addressed an issue that has been a longstanding problem for trucking. The measure, part of the overall funding legislation Congress passed late last month, requires the Federal Motor Carrier Safety Administration to begin its rulemaking process in four months and have a rule finalized within a year. Intermodal Motor Carriers have long hoped the owners would be made responsible for their equipment instead of the trucker who neither owns nor controls the equipment. The state of New Jersey recently passed a similar bill which further compensates the trucker for downtime caused by repair or replacement of a chassis. FMCSA Files New Driver Rule as Congress Fails to Codify HOS The FMCSA has sent a new version of its hours-of-service regulation to the White House budget office for review, and the reworked rule could be published soon. In its newest revision, the agency was expected to address concerns raised by a federal court when it vacated the earlier revised rule in July 2004. A federal appeals court overturned the federal truck safety agency’s revised rule on the grounds that it failed to consider driver health. California Cracks Down on Reckless Truck Drivers: Be on your “best driving behavior” all of the time, but especially in California. The California Highway Patrol has announced that it has begun a 15-month crackdown on what it said are “reckless truck drivers”. Police said their goal is to reduce fatal and injury crashes by 5% after a review of accident figures from 2001 to 2003. The enforcement program was formally announced after two separate accidents in mid-July when six people died. New Energy Law Adds One Month of Daylight-Saving Time: The new energy law signed by President Bush Monday will add four weeks of daylight-saving time beginning in 2007, news services reported. Computer experts quickly pointed out your present computers will not be able to make the clock adjustment without additional programming. Energy Bill Subsidizes Diesel Retrofits: Under a measure passed by Congress July 29, $100 million in funding would be made available to owners of older heavy-duty diesel trucks to help them meet the Environmental Protection Agency's emission standards for new trucks that take effect in 2007. Drivers Who Smoke Could Be Fined:New Jersey lawmaker John McKeon (D-Essex) has proposed a bill allowing police to fine truck and car operators for smoking behind the wheel. If a driver is stopped for another violation, Police could issue a ticket of not more than $250 if the bill is passed. Cell Phones Impair Driving Safety A new study by the National Highway Traffic Safety Administration has determined that using cell phones is a key cause of traffic accidents and even using hands-free devices adds little in extra safety benefits. The states of New York, New Jersey and the District of Columbia currently have laws banning drivers from using hand-held phones. FMCSA Wants Inspection Ideas The FMCSA is looking for ways to improve roadside vehicle inspections given the advent of new and improved technology, including sensors, on-board diagnostics and wireless communications. The agency solicited inspection ideas in Tuesday's Federal Register. Truckers and other interested parties have until Oct. 17 to submit comments. FMCSA Proposes Revisions to Cargo Securement Rule A number of ambiguities in the January 2004 FMCSA rules covering how carriers must tie down or secure materials on flatbed trucks have caused disagreement between truckers and various enforcement agencies. Proposed revisions should clarify performance standards for securement equipment and how that equipment should be attached to a trailer. Wood Packaging Material Information for the Implementation of the Wood Packaging Material (WPM) Regulation Background: APHIS revised the import regulations for WPM to be consistent with the International Plant Protection Convention standard ISPM #15. The regulation restricts the importation of many types of wooden packaging materials such as pallets, crates, boxes, and dunnage. The revised WPM regulation is effective September 16, 2005. The regulation requires WPM in use in international trade to be treated. The approved treatments are: 1) heat treatment to a minimum wood core temperature of 56ºC for a minimum of 30 minutes or 2) fumigation with methyl bromide. The term “solid wood packing material” used in previous USDA import regulations has been changed to “wood packaging material” to be consistent with ISPM #15. WPM must be marked with the IPPC logo and the two letter ISO code for the country that treated the WPM. The marking must also include the unique number assigned by the national plant protection organization to the company responsible for ensuring the WPM was properly treated, and either the abbreviation HT (heat treatment) or MB (methyl bromide). Paper certification (treatment certificates) will not be required. Exemptions: WPM made entirely of manufactured wood material (e.g. particle board, plywood, oriented strand board) and wine and whiskey barrels, or WPM made entirely of thin pieces of wood, (6mm thickness or less) is exempted from the treatment and marking requirements. WPM made of Canadian origin wood is also exempted from the treatment/marking requirements (7CFR 319.40-3). Since determining wood origin will be very difficult and Canada is implementing ISPM #15 requirements, WPM arriving from Canada will be allowed to enter the U.S. without the IPPC mark. WPM from Canada will be inspected for pests. Implementation Phases: First Year of Implementation (From present – September 15, 2005) The revised WPM regulation is effective September 16, 2005. During the 1 year implementation phase, WPM may be imported if in compliance with either current import requirements or the international standard for WPM (ISPM#15). A. Shipments imported from China or Hong Kong must: Be accompanied by an exporter’s statement in the commercial invoice, bill of lading, or other similar document (including a paper or electronic manifest) stating that the shipment contains no WPM, or Be accompanied by a certificate signed by an official of the Chinese government or an approved Hong Kong fumigator stating that the wood was heat treated to a minimum of 71.1ºC for 75 minutes or treated with T404 (methyl bromide or kiln dried) or its equivalent, Or Have treated and marked WPM in compliance with ISPM #15. WPM not in compliance with the above requirements must be destroyed or re-exported. B. WPM imported from all countries other than China or Hong Kong must be: Free of bark, or Accompanied with documentation stating the WPM was treated with T404 (methyl bromide or kiln dried) or its equivalent, or heated to a minimum of 71.1ºC for 75 minutes, or Treated and marked in compliance with ISPM #15. WPM not in compliance with the above requirements must be treated, destroyed or re-exported. Full Implementation – Importations after September 15, 2005 All WPM must be treated and marked in accordance with the regulation 7CFR 319.40-3(b), excluding WPM exempted by the regulation. WPM imported after September 15, 2005 without the IPPC mark must be reexported. Treatment or destruction will not be permitted. Unmarked WPM may be separated from the commodity being imported, if the inspector determines separation can be done without pest escape. A user fee will be assessed for supervising the separation of the WPM from the cargo. Treatment will be allowed if hitchhiking (non-wood) pests are intercepted with IPPC marked WPM. Information provide by the U.S. Animal and Plant Health Inspection Service and available online at: http://www.aphis.usda.gov |
