NTTC seeks regulatory relief from PHMSA

Will Lusk, National Tank Truck Carriers director of education and government relations, is staying busy these days.

One month after commenting on a variety of regulatory rulemakings and exemptions in seven letters to the Federal Motor Carrier Safety Administration, Lusk authored five letters to the Pipeline and Hazardous Materials Safety Administration addressing rulemakings available for public comment, including a proposal to allow domestic carriers to maintain electronic copies of emergency response information (ERI) in hazardous materials transportation.

Current regulations require paper ERI in hazmat transport, handling, and storage.

“By revising the ERI requirements under § 172.602, NTTC anticipates that carriers will see a considerable cost savings,” Lusk wrote in the letter to Benjamin D. Kochman, PHMSA’s acting administrator. “Violations are often cited for reasons such as (a) the ERI is not found within a driver’s reach, or (b) for outdated copies. These violations can be around $500 per incident.

“Additionally, carriers also see increased insurance rates resulting from earned Compliance, Safety, Accountability (CSA) points resulting.”

See also: NTTC comments on FMCSA regulatory initiatives

One of NTTC’s largest members attributed more than 10% of its hazardous materials violations to ERI-related infractions, according to the letter. And that same carrier spends approximately $3,500 every four years to supply its fleet with updated paper ERI—which emergency “rarely” consult.

“NTTC members have consistently reported that paper ERI is only rarely consulted during actual hazardous materials incidents,” Lusk stated. “In the event of an incident, emergency responders primarily rely on either their own self-provided ERI or the information displayed directly on the cargo tank, including placards and specification plates. While placards detail the commodity within a cargo tank, metal plates contain information including its manufacturer, DOT-specification number, original test date, design temperature range, pressure, capacity, lining (if applicable), and more. These sources provide critical, immediate information—such as commodity identification, tank specifications, and capacity—that responders can access regardless of the driver’s condition or the status of the tractor.”

Therefore, “NTTC is supportive of the petition for rulemaking to revise § 172.602 to permit the use of electronic ERI. NTTC furthermore agrees with the Council on the Safe Transportation of Hazardous Articles assessment that electronic ERI is readily available on tablets, cell phones, and other electronic platforms.”

NTTC also commented on special permit packaging, permit applications, registration fees, and recordkeeping requirements in its latest comments vetted by the NTTC Safety and Security Council.

Reducing burdens by allowing continued use of Department of Transportation special permit packaging: Current regulations require DOT special permits no longer be authorized if the original manufacturer goes out of business, ceases manufacture of the product under the condition of the original permit, or fails to renew after permit expiration. PHMSA proposes to allow continued use of special permit packaging for which the special permit has expired. NTTC supports this proposal, as it will add consistency, certainty, and cost savings to operators of cargo tank trailers utilizing special permits.

Improving efficiencies for special permit approvals and renewals: Current regulations require that applications to file or renew a special permit must be submitted 60 days in advance for processing. PHMSA proposes to allow a grantee to file for approval or renewal at any time before its expiration date. NTTC supports this proposed change, as the 60-day requirement is no longer necessary thanks to electronic processing.

Modernizing payments to and from America’s bank account: Currently, hazardous materials registration fees can be submitted via online portal or use of a paper check. Under executive order, the Department of the Treasury will cease processing of paper checks. Therefore, PHMSA proposes to only accept electronic payments moving forward. NTTC acknowledges the security and efficiency gains from electronic payments and supports this rulemaking.

Reducing recordkeeping requirements for domestic carriers: Regulations require that motor carriers carry their current PHMSA issued certificate of registration, or another document bearing the registration number, onboard each truck carrying hazardous materials. Although it is not required that this document be hard-copy paper, PHMSA proposes to make it clearer that either electronic or paper form is acceptable. NTTC supports this proposed change.