Boyd Stephenson Director of Hazmat & Driver Licensing American Trucking Associations

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1 Trucking Industry Issues Update Boyd Stephenson Director of Hazmat & Driver Licensing American Trucking Associations

2 ATA: Who Are We? ATA is a unified federation of motor carriers, state trucking associations, and national trucking conferences created to promote and protect the interests of the trucking industry. Unified federation State Associations Membership 35,000 Represent carriers in the USA, Canada, & Mexico

3 The Trucking Industry $642 billion gross revenues Hauled 9.4 billion tons in % freight by weight 80.7% freight revenues 55% of US-Canada freight & 64% of US-Mexico 2.3 million Class 8 trucks driving 99.2 billion miles $150.4 billion fuel costs

4 Number of Drivers & Motor Carriers 3.1 million drivers 6.9 million trucking-related jobs 1980: < 20,000 interstate carriers Today: 442,338 for hire & 700,300 private fleets 97.2% operate fewer than 20 trucks 90.5% operate six trucks or less

5 Main Issues Highway Reauthorization HTF bankruptcy Hours of Service CSA Tank Vehicle Definition OSHA s Global Harmonized System

6 Hours of Service July 1, 2013 Changes 30 minute rest break after 8 hours on duty 34-hour restart limitations & 168 hour rule Constant attendance Split-sleep study ATA/MTA Proposed Sleeper Berth pilot

7 Hours and Hours of Service 1995, 2004, 2005, 2007, & 2013 regulations 10 hour driving time Legislative Efforts Defund Restart Enforcement Study impacts ATRI Research: Benefits overstated, costs understated

8 Compliance, Safety, Accountability (CSA) Dual objectives: Prioritize enforcement choices Provide shippers with safety info Prioritize Enforcement: Success Violations and out-of-service up 3% More total inspections Success at gross level

9 Shipper Concerns Gross v. Precise Data Quality Compliance versus safety Crash Accountability

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11 Other Concerns Regional Enforcement Disparity Other Research: GAO Insufficient data, many violations don t correlate, carrier scores not reliable & imprecise FMCSA Carriers in alert status generally riskier DOT IG Data Quality Problems Persis

12 CSA The Future Public Display which BASICs? Adjudicated Citations Crash Accountability Safety Fitness Determination

13 Tank Vehicle: May 2011 Definition Tank Vehicle: May 2011 Definition Tank vehicle means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.

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15 FMCSA Tank Vehicle Definition

16 Effects of ATA s proposed definition Portable (Tank loaded & unloaded as part of carriage) Permanent (Contents of tank loaded & unloaded rather than tank itself) Capacity over 1,000 gallons (full, empty, residue) No container over 1,000 gallons but bulk (119 gallon+) containers aggregate capacity greater than 1,000 gallons Always Tank vehicle Not tank vehicle Always Tank vehicle Remains Tank vehicle All containers non-bulk (less than 119 gallon capacity) Capacity under 1,000 gallons, manifested as empty or residue Always Not tank vehicle Not tank vehicle* Always Not tank vehicle Not tank vehicle*

17 Global Harmonized System Timeline Today: Shippers may use new requirements June 1, 2015: New OSHA GHS labeling requirements take effect Manufacturers MUST use them December 1, 2015: Distributors must start using new requirements (for product received from manufacturer before June 1, 2015)

18 New Labeling Requirements Name, Address & Phone Number Product Identifier (Chemical name, code number, or batch number) Signal Word: Danger (high hazard) or Warning (lower hazard) Hazard Statements Precautionary Statements Pictogram(s)

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20 OSHA GHS What s New? OSHA labeling requirement (inner packagings only) Training requirement Material Safety Data Sheets replaced by Safety Data Sheets (SDS) which have required format. What stays the same? PHMSA regulations continue to trump OSHA regulations for cargo in transport.

21 OSHA GHS What do I need to know and do? For transport: New required SDS format Packagings comport to new OSHA standard Non-transportation functions: Train required staff that may be exposed to OSHAregulated chemicals Drivers require general awareness training ONLY

22 Labels & Transport OSHA Pictograms do NOT replace DOT-required pictograms for containers that require labels. If an OSHA label has a DOT equivalent, the OSHA label need not appear, but DOT will allow it. Both labels may be required for international packages. DOT label required on outside containers; OSHA label required on inside and outside*

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25 Other Issues Medical Registries Electronic Logging Devices Security Background Checks SAFE Trucker CFATS Uniform State Hazmat Permits

26 Questions? Boyd Stephenson American Trucking Associations (703)

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