James Simmons shares FMCSA positions and perspectives on a wide range of regulatory issues affecting dangerous goods transport by highway. Topics include: coordination of activities between TSA and FMCSA, approaches to decreasing the number of cargo tank rollovers, FMCSA's position on the use of traction control systems, examination of bulk loading and unloading incidents, FMCSA's proposed cross-border trucking demonstration program, status of the hazardous materials routing program, and other initiatives.

HMPS: Can you describe how Trans-portation Security Administration (TSA) and the Federal Motor Carrier Safety Administration (FMCSA) are coordinating their activities on hazmat security and how are TSA and FMCSA working to implement the security compliance reviews? Based on the Security Contact Reviews (SCRs), do you foresee the need to revise the security regulations applicable to motor carriers and if so what types of revisions interest the agency?

Simmons: Based on the Security Contact Reviews conducted by FMCSA, the current security regulations applicable to motor carriers do not need to be revised. However, current security activities and initiatives within TSA may have some future impact to the FMCSA Security Contact Review program. TSA’s Corporate Security Review program is a more in-depth evaluation of a motor carrier operation than FMCSA’s SCR program. As TSA’s Corporate Security Review evolves, the security regulations may need to evolve as well.

HMPS: FMCSA has focused enforcement efforts on compliance with security requirements in recent years. Can you summarize what FMCSA has found in enforcing these requirements?

Simmons: Between June 2006 and June 2007 approximately 20% of violations cited during FMCSA HM Compliance Reviews were related to security requirements.

HMPS: The serious incident in California involving a gasoline tank truck has highlighted the potentially devastating consequences of a hazmat tank truck incident. Has FMCSA identified measures to take to prevent the likelihood of further incidents of this nature?

Simmons: The Federal Motor Carrier Safety Administration continues to take steps to identify measures to prevent the reoccurrence of these types of incidents. In April 2007, FMCSA completed a research project to identify and evaluate four approaches to decreasing the number of cargo tank rollovers. They are: trailer design, electronic stability, highway design, and driver training. FMCSA will expand on the findings of the study and pursue additional safety performance measures to reduce the risks in transporting hazardous materials in cargo tanks. FMCSA is in the process of developing a National “Safety Summit” involving key stakeholders to address the issues of cargo tank rollovers.

HMPS: The press has identified the driver of the truck as having had a felony conviction that is not a disqualifier for a CDL hazmat endorsement. Is FMCSA looking to amend its criteria? [This may only be a TSA requirement as part of the security background check.]

Simmons: Under 49 CFR 383.51 we have authority to disqualify the driver if the vehicle was used to commit a felony. FMCSA is not planning to amend the criteria to include non-CMV felonies.

HMPS: In addition to the California incident, there have been a number of incidents where hazmat trucks have overturned due to cornering at too high a speed. DOT has conducted a study to determine the effectiveness of traction control systems similar to those being installed in passenger vehicles and we understand the study showed that safety could be enhanced by their use. Is FMCSA considering that these systems be required? Are there any concerns with the use of such systems?

Simmons: Currently, FMCSA is not considering traction control systems be installed on commercial motor vehicles. The study did show that there are safety benefits when this type of technology is installed on a commercial motor vehicle that transports hazardous materials. Electronic stability aids are a part of the overall solution, but decision-makers in the industry must remember that this aid addresses only a portion of the problem. The advancement of modern sensors and communications technologies allow drivers’ safety practices to be monitored in real time using this technology. During this study, concerns have been expressed that drivers may use this technology as a “crutch” or excuse to take curves too fast. Overall, electronic stability, if handled properly by the driver and carrier, can reduce risk taking of loaded cargo tanks.

HMPS: In the last issue of Hazmat Packager and Shipper we discussed the large number of serious hazmat incidents involved bulk loading or unloading. We believe a significant number of these incidents involved tank truck operations. We would assume that under the Government Performance and Results Act, FMCSA along with the Pipeline and Hazardous Materials Safety Administration(PHMSA) would strive to target these kinds of incidents, particularly since they represent such a large portion of the significant hazmat incidents. Are there steps that FMCSA is taking in this area?

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