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US DOT PHMSA Hazardous Materials Multimodal
Training
Seminar
Click here
for information on the Two-Day Hazardous
Materials Multimodal
Training
Seminar offered March 13-14, 2007 in Torrance,
California by the US DOT PHMSA Outreach office.
DOJ – ship operator sentenced for
environmental crimes
The
US Department of Justice issued a press
release
stating that a ship operator, after pleading
guilty to violation of the Act to Prevent
Pollution from Ships (APPS), has been sentenced
to pay a $1 million fine, make a $500,000
community service payment, and serve three years
probation. The company admitted that its
four ships illegally discharged oily waste water
directly into the ocean and that false entries
were made in the ships’ oil record books.
The company admitted that its shore-side
management failed to provide sufficient
management resources and support to the ships
and also failed to exercise sufficient
supervision and management controls to prevent
or detect criminal violations by its employees.
The sentence was reduced from that which could
have been assessed due to the company’s
cooperation following discovery of the
violations. (From
the email newsletter published by the Law
Firm of HOLLAND & KNIGHT LLP)
DOJ
– ship owner fined, whistleblower rewarded
The
US Attorney for the Western District of
Washington issued a press
release
stating that a ship owner was sentenced to pay a
criminal fine of $500,000, make a $250,000
community service payment, and serve four years
probation for failing to maintain an accurate
oil record book on one of its ships. The
crewmember who reported the offense to the Coast
Guard has been rewarded with one-half of the
fine ($250,000). The company must
institute an environmental compliance program
and hire a third-party auditor to ensure that
its personnel follow the program.
USCG
– draft guidance re TWIC program
The
US Coast Guard posted on the Internet draft
guidance regarding implementation of the
Transportation Worker Identification Credential
(TWIC) program in the maritime sector. It
is expected that the USCG will soon issue a
notice stating that it is seeking comment from
the maritime community on the draft guidance.
TWIC
draft NVIC
IMO
– self-assessment for ship security
The
IMO issued a circular forwarding interim
guidance on voluntary self-assessment for
companies and company security officers (CSOs)
for ship security. MSC.1/Circ.1217
C-TPAT
– anti-terrorism seminar
The
US Customs and Border Protection (CBP) issued a
notice stating that the Customs-Trade
Partnership Against Terrorism (C-TPAT)
anti-terrorism seminar entitled Supply
Chain Security in a Post 9/11 Environment
April 4-6 in
New Orleans
,
LA.
Development of New Federal Design
Standards for Hazardous Materials Tank Cars to
Benefit from Public-Private Partnership
Tuesday, January 16, 2007 (Washington, DC)
In a move designed to aid in the development of
new federal design standards for stronger and
safer hazardous materials tank cars, the Federal
Railroad Administration (FRA) is joining forces
with rail and chemical industry leaders to
create the tank car of the future, announced FRA
Administrator Joseph H. Boardman.
“Our
goal is to jump beyond incremental design
changes,” Boardman said. “We and our
partners are looking to apply the latest
research and advanced technology to provide
increased safety for rail shipments posing the
greatest safety risk,” he explained, noting
that FRA is considering issuing new, more robust
federal design standards for hazardous materials
tank cars and hopes to issue a final rule in
2008.
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COSTHA and the Regulatory Affairs
Committee constantly monitor the Federal
Register and other regulatory publications
to keep members informed of all the recent
changes. Below please find the most recent
copy of the Regulatory Update Spreadsheet.
The Spreadsheet also appears on the COSTHA
Members Only web-site under the Regulatory
Affairs Committee and Federal Register
Update Web pages. Please let us know
if you have any questions.
US
Regulatory Activity Spreadsheet -
January 18, 2007
Federal Register:
January 26, 2007 (Volume 72, Number 17)
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety
Administration
International Standards on the Transport of
Dangerous Goods; Public Meeting AGENCY:
Pipeline and Hazardous Materials Safety
Administration (PHMSA), Department of
Transportation. ACTION: Notice of public
meeting. SUMMARY:
This notice is to advise interested persons that
PHMSA's Office of Hazardous Materials Safety's
Office of International Standards will conduct a
public meeting to review and solicit input on
the program of work agreed to by the UN
Sub-Committee of Experts on the Transport of
Dangerous Goods (UN SCOE) for its 2007-2008
biennium and in particular, to solicit input
relative to requirements for the transport of
dangerous goods in limited quantities, including
consumer commodities, which is a major item on
this program of work. In addition, the Office of
International Standards is developing a five
year work plan to address international and
domestic harmonization efforts taking into
account its role in representing the
U.S.
in international forums. The public is invited
to comment on any areas of a general or specific
interest which should be included in this plan.
DATES: February 28, 2007; 9:30 a.m.-12:30 p.m.
ADDRESSES: The meeting will be held at DOT
Headquarters,
Nassif
Building
, Room 3200,
400 Seventh Street
, SW.,
Washington
,
DC
20590
.
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Federal
Register: January 26, 2007 (Volume 72, Number
17)
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Federal Motor Carrier Safety Administration
Docket No. NHTSA-2007-26851, Motor Vehicle and
Carrier Safety Standards AGENCY:
National Highway
Traffic Safety Administration (NHTSA), Federal
Motor Carrier Safety Administration (FMCSA),
DOT. ACTION: Notice; Request for comments. SUMMARY:
NHTSA and FMCSA solicit comments on
separate, but similar petitions for rulemaking
from the American Trucking Associations (ATA)
and Road Safe America and a group of nine motor
carriers, to require devices that would limit
the speed of trucks with a Gross Vehicle Weight
Rating (GVWR) of greater than 26,000 pounds to
no more than 68 miles per hour (mph) and to
prohibit owners and operators from adjusting the
speed limiting devices. The agencies are
soliciting public comments to supplement a
review of the material presented by the
petitioners, along with an evaluation of data or
other relevant information the agencies may
already have, in conducting a technical review
of the petitions. After considering the
technical review, and taking into account
appropriate factors, the NHTSA Administrator
will make a decision whether to grant or deny
either or both of these petitions.
DATES:
You should submit your comments early enough to
ensure that Docket Management receives them not
later than March 27, 2007.
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Federal
Register: January 25, 2007 (Volume 72, Number
16)]
DEPARTMENT OF HOMELAND SECURITY, Coast Guard
33 CFR Parts 101, 103, 104, 105, 106, 125 and 46
CFR Parts 10, 12, 15 Transportation Security
Administration 49 CFR Parts 1515, 1540, 1570,
1572, Docket Nos. TSA-2006-24191; Coast
Guard-2006-24196; TSA Amendment Nos. 1515-(New),
1540-8, 1570-2, 1572-7] RIN 1652-AA41,
Transportation Worker Identification Credential
(TWIC) Implementation in the Maritime Sector;
Hazardous Materials Endorsement for a Commercial
Driver's License AGENCY: Transportation Security
Administration;
United States
Coast Guard, DHS. ACTION: Final rule; request
for comments. SUMMARY: The DHS,
through the TSA and the Coast Guard, issues this
final rule to further secure our Nation's ports
and modes of transportation. This rule
implements the Maritime Transportation Security
Act of 2002 and the Security and Accountability
for Every Port Act of 2006. Those statutes
establish requirements regarding the
promulgation of regulations that require
credentialed merchant mariners and workers with
unescorted access to secure areas of vessels and
facilities to undergo a security threat
assessment and receive a biometric credential,
known as a Transportation Worker Identification
Credential (TWIC). After DHS publishes a notice
announcing the compliance date for each Captain
of the Port (COTP) zone, persons without TWICs
will not be granted unescorted access to secure
areas at affected maritime facilities. This
final rule will enhance the security of ports by
requiring such security threat assessments of
persons in secure areas and by improving access
control measures to prevent those who may pose a
security threat from gaining unescorted access
to secure areas of ports.
With
this final rule, the Coast Guard amends its
regulations on vessel and facility security to
require the use of the TWIC as an access control
measure. The Coast Guard also amends its
merchant mariner regulations to incorporate the
requirement to obtain a TWIC. This final rule
does not include the card reader requirements
for owners and operators set forth in the Notice
of Proposed Rulemaking (NPRM) issued in this
matter on May 22, 2006. Such requirements will
be addressed in a future rulemaking. Although
the card reader requirements are not being
implemented at this time, the Coast Guard will
institute periodic unannounced checks to confirm
the identity of the holder of the TWIC.
With
this final rule, TSA applies its security threat
assessment standards that currently apply to
commercial drivers authorized to transport
hazardous materials in commerce to merchant
mariners and workers who require unescorted
access to secure areas on vessels and at
maritime facilities. This final rule amends TSA
regulations in a number of ways. To minimize
redundant background checks of workers, TSA
amends the threat assessment standards to
include a process by which TSA determines if a
security threat assessment conducted by another
governmental agency or by TSA for another
program is comparable to the standards in this
rule. TSA amends the qualification standards by
changing the list of crimes that disqualify an
individual from holding a TWIC or a hazardous
materials endorsement.
Finally, this rule establishes the user fee for
the TWIC and invites comment on one component of
the fee, the card replacement fee.
TSA
will publish a notice detailing the draft
contactless biometric software specification for
TWIC cards no later than the date by which it
publishes the final TWIC fee as required by this
Rule. Currently those notices are expected to be
published in February 2007. TSA will
subsequently publish a final specification for
TWIC contactless biometric software
functionality and the associated specifications
for TWIC card readers. TSA plans also to write
electronically the contactless biometric
software application to all issued TWIC cards
after publication of this specification. After
initial field testing, this additional
contactless biometric function will be included
with all TWIC cards produced after publication
of the contactless biometric software
specification.
Although
this rule goes into effect on March 26, 2007,
These notifications will be published in the
Federal Register and will require compliance on
a COTP by COTP basis. Those seeking unescorted
access to secure areas aboard affected vessels,
and all Coast Guard credentialed merchant
mariners must possess a TWIC by September 25,
2008.
DATES: Effective Date: This rule is effective
March 26, 2007. (The requirements to hold a TWIC,
and to restrict access to secure areas of a
facility or OCS facility, will be effective only
after the regulated party is notified by DHS.)
Comment
Date: Comments with respect to the Card
Replacement Fee must be submitted by February
26, 2007.
Those
seeking unescorted access to secure areas aboard
affected vessels, and all Coast Guard
credentialed merchant mariners must possess a
TWIC by September 25, 2008
ANTICIPATED COST: $107-$159
to cover all costs associated with the TWIC
program.
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Associated Rule to update Merchant Mariner
Qualification Credentials
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Federal
Register: January 19, 2007 (Volume 72, Number
12)
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Parts 1520 and 1580, Docket No.
TSA-2006-26514
RIN 1658-AA51, Rail Transportation Security
Notice of Proposed Rulemaking. AGENCY:
Transportation Security Administration, DHS.
ACTION: Notice of public meeting; request for
comments.
SUMMARY: This document provides the time and
location of the public meeting which will be
held by the Transportation Security
Administration (TSA) regarding the Notice of
Proposed Rulemaking (NPRM) entitled ``Rail
Transportation Security,'' which was published
in the Federal Register on December 21, 2006.
DATES:
The meeting will take place on February 2, 2007,
from 10 am to 4 pm. Persons wishing to submit
written comments should submit them by February
20, 2007.
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Federal
Register: January 19, 2007 (Volume 72, Number
12)
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs And Border Protection, 19 CFR
Part 123
Required
Advance Electronic Presentation of Cargo
Information for Truck Carriers: ACE Truck
Manifest, AGENCY: Customs and Border Protection,
Department of Homeland Security. ACTION:
Notice. SUMMARY: Pursuant to section 343(a)
of the Trade Act of 2002 and implementing
regulations, truck carriers and other eligible
parties are required to transmit advance
electronic truck cargo information to the Bureau
of Customs and Border Protection (CBP) through a
CBP-approved electronic data interchange. In a
previous notice, CBP designated the Automated
Commercial Environment (ACE) Truck Manifest
System as the approved interchange and announced
that the requirement that advance electronic
cargo information be transmitted through ACE
would be phased in by groups of ports of entry.
The previous notice identified the first group
of ports where use of the ACE Truck Manifest
System is mandated. This notice announces the
second group of land border ports that will
require truck carriers to file electronic
manifests through the ACE Truck Manifest System.
DATES:
Trucks entering the
United States
through land border ports of entry in the states
of
California
,
Texas
, and
New Mexico
will be required to transmit the advance
information through the ACE Truck Manifest
system effective April 19, 2007.
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Federal
Register: January 18, 2007 (Volume 72, Number
11)
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 350, 385, 395, and 396
Docket No. FMCSA-2004-18940 RIN-2126-AA89
Electronic On-Board Recorders for
Hours-of-Service Compliance
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT. ACTION:
Notice of proposed rulemaking (NPRM); request
for comments. SUMMARY: The Federal Motor
Carrier Safety Administration (FMCSA) proposes
to amend the FMCSRs to incorporate new
performance standards for electronic on-board
recorders (EOBRs) installed in commercial motor
vehicles (CMVs) manufactured on or after the
date 2 years following the effective date of a
final rule. On-board hours-of-service recording
devices meeting FMCSA's current requirements and
voluntarily installed in CMVs manufactured
before the implementation date of a final rule
may continue to be used for the remainder of the
service life of those CMVs. Under the proposal,
motor carriers that have demonstrated a history
of serious noncompliance with the
hours-of-service (HOS) rules would be subject to
mandatory installation of EOBRs meeting the new
performance standards. If FMCSA determined,
based on HOS records reviewed during each of two
compliance reviews conducted within a 2-year
period, that a motor carrier had a 10 percent or
greater violation rate (“pattern violation”)
for any regulation in proposed Appendix C to
Part 385, FMCSA would issue the carrier an EOBR
remedial directive. The motor carrier would be
required to install EOBRs in all of its CMVs
regardless of their date of manufacture and to
use the devices for HOS recordkeeping for a
period of 2 years, unless the carrier already
had equipped its vehicles with automatic
on-board recording devices (AOBRDs) meeting the
Agency's current requirements under 49 CFR
395.15 and could demonstrate to FMCSA that its
drivers understand how to use the devices. We
also propose changes to the safety fitness
standard that would require this group of
carriers to install, use, and maintain EOBRs in
order to meet the new standard. Finally, FMCSA
would encourage industrywide use of EOBRs by
providing the following incentives for motor
carriers to voluntarily use EOBRs in their CMVs:
Revising the Agency's compliance review
procedures to permit examination of a random
sample of drivers' records of duty status;
providing partial relief from HOS supporting
documents requirements, if certain conditions
are satisfied; and other potential incentives
made possible by the inherent safety and driver
health benefits of EOBR technology.
POSSIBLE
IMPACTS: This proposal appears to impact only
repeat offenders of the HOS regulations. Other
carriers may voluntarily comply with the
proposed EOBR standards. DATES:
Comments must be received by April 18, 2007.
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