DOT proposes rule to simplify regulations for truck drivers hauling fuel

This week, the U.S. Department of Transportation (DOT) announced a rule proposal that they say would simplify and modernize hazardous materials regulations for truck drivers hauling fuel.

U.S. DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced the Notice of Proposed Rulemaking (NPRM) on October 7.

Officials say that the highlights of the rule proposal include:

• Reducing burdens for U.S. truck drivers by simplifying hazard communication requirements for fuels including gasoline that are transported in tanker trucks
• Encouraging innovation and safety improvements to hazardous materials rail cars by reducing review times for tank car design improvements and addressing National Transportation Safety Board recommendations regarding improved design standards for rail tank cars
• Modernizing standards for essential agricultural equipment by codifying manufacturing standards for newly built fertilizer tanks and permitting the use of video and fiber optics technologies when inspecting and calibrating cargo tanks in both agricultural and non-agricultural operations

DOT says that if passed, the rule would provide $100 million in annual cost savings for businesses and consumers.

“Hazardous materials are a significant share of the essential goods routinely shipped in the United States, and the Biden-Harris Administration is working to make it more affordable and straightforward to safely move these materials through our supply chains,” said U.S. Secretary of Transportation Pete Buttigieg. “The proposal we’re announcing today streamlines requirements while maintaining safety measures, helping to reduce costs for businesses and consumers and make it easier for drivers to do their job.”

The National Tank Truck Carriers Association further breaks down some of the amendments included in the rule proposal:

• In part 107, subpart F, revise the registration requirements to allow for electronic submission procedures
• In part 107 subpart F, create cargo tank facility modification, suspension, and termination procedures; reconsideration of modification, suspension, and termination procedures; and appeal of modification, suspension, and termination procedures
• In the § 172.336(c) table, add a sixth row to specify that a cargo tank may display the UN ID number of the petroleum distillate fuel with the lowest flash point transported in different trips on the previous or current business day, except for gasoline and alcohol fuel blends with more than 10% ethanol
• In § 177.816(c) and (d), clarify the use of tank vehicle endorsement or hazardous materials endorsement training to fulfill the hazardous materials training requirements of §§ 172.704 and 177.816
• In § 178.320, revise definitions for cargo tank, cargo tank motor vehicle, and minimum thickness and add definitions for: cargo tank motor vehicle certification date, component,  flexible connector, lading retention system, lining, name plate, original test date, sacrificial device, shear section, and specification plate
• In a new § 180.407(a)(7), specify that all equipment and instruments used to test cargo tanks must be calibrated, with appropriate documentation, in accordance with the manufacturer’s instructions
• In a new § 180.407(a)(8), allow for the use of video cameras or video optics equipment for any inspection or test
• In a new § 180.407(a)(10), require that the Registered Inspector consult with the owner or motor carrier, as appropriate, to determine if materials corrosive or reactive to the cargo tank or its components were transported in the cargo tank motor vehicle since the last test or inspection, and ensure that the proper tests and inspections, along with suitable safeguards, are used