December 14, 2015:  MCM Weekly Newsletter

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*No December Safety Meeting for Billings or Missoula Chapter*

Dec 25            MCM Office Closed Christmas Day

Jan 1               MCM Office Closed New Years Day

Jan 4               Share The Road
                       Senior High School, Billings

Jan 5               Share The Road
                        Skyview High School, Billings

Jan 6               Share The Road
                        Billings West High School

Jan 12             Board of Directors Meeting, Helena
                        Location & Time TBD

                       Safety Council Meeting, Helena
                       Location & Time TBD

Jan 13             Billings Chapter Safety Meeting
                       Meeting Info TBA

Jan 21             Missoula Chapter Safety Meeting
                       Meeting Info TBA

Revised Safety Advisory
The Federal Motor Carrier Safety Administration (FMCSA), in conjunction with the Pipeline and Hazardous Materials Safety Administration (PHMSA), is issuing this revised safety advisory to provide notice of emergency discharge control equipment connected to and installed on cargo tank motor vehicles, which when improperly installed, do not operate correctly and can result in total loss of power to the cargo tank motor vehicle. 

This revised safety advisory updates and replaces the previous advisory of the same title that was originally issued on November 25, 2015.  The original advisory, in paragraph 4, incorrectly referenced emergency discharge control equipment installed prior to July 1, 2001.  The requirements correctly apply after July 1, 2001.  In addition, paragraph 4 has been further revised to clarify that the advisory applies to remote emergency discharge control equipment installed on cargo tank motor vehicles in metered service and clarifies the role of the

Registered Inspector in oversight of the installation and repair processes.
Investigations conducted by PHMSA and the Railroad Commission of Texas identified cargo tanks in metered service transporting liquefied compressed gas to have improperly installed emergency discharge control equipment. Use of the improperly installed devices has resulted in unintentional shut down of the motor vehicle while in motion, resulting in loss of motive power, steering and braking functions.

Such loss of power poses an inherent risk to the driver of the cargo tank motor vehicle, the general public, property, and the environment. To reduce the likelihood of incidents involving unintentional shut down of motor vehicles in motion, owners and operators of motor vehicles with this emergency discharge control equipment should inspect the devices to ensure that they are installed properly and do not shut off the vehicle(s) while in motion. If not, the device must be refitted, and then inspected and certified by a Registered Inspector. 

Emergency discharge control equipment should be unique to a particular cargo tank's internal self-closing valve.  Use of a system that can be operated by more than one wireless transmitter/receiver is not advisable. Additionally, activation of the emergency discharge equipment should not be able to shut off the motor vehicle while it is being driven. Emergency discharge control equipment on cargo tank motor vehicles in metered delivery service installed after July 1, 2001, must be installed under the supervision of a Registered Inspector. 

The Registered Inspector must certify that the remote control equipment is installed and tested in accordance with 49 CFR 173.315(n)(3)(i) and the Registered Inspector must provide the certification to the owner of the cargo tank motor vehicle. An improperly installed device identified during required periodic annual inspections, must result in a failed inspection until the problem is corrected, and the device is properly inspected and certified.

It is recommended that motor carriers operating cargo tanks in liquefied petroleum gas service and cargo tank inspection facilities inspecting cargo tanks with emergency discharge control equipment conduct thorough inspections to ensure that the emergency discharge control equipment malfunction does not occur. Refer to the Hazardous Materials Regulations 49 CFR 173.315(n)(3), 180.407(d)(2)(iv) and 180.405(m)(1) for detailed requirements.

For more information, or should you have a question concerning this Safety Advisory, please contact Paul Bomgardner, Chief, Hazardous Materials Division, at (202)493-0027, or by email at
MCM November Driver of the Month

Blaine Thurber
Davis Transport, Inc.
Missoula, MT

Blaine Thurber has been an owner operator with Davis Transport, Inc. since February 1986. In the 29 years Blaine has been with Davis Transport, Inc. he has always been a top performer. He has been owner operator of the year 5 times for Davis Transport, Inc.

Blaine has been on the road for 33 years and always maintains a professional attitude. He makes his pick-ups and deliveries on time and is always pleasant and helpful. He is also a safe and courteous driver. In 2007 Blaine joined our 3 Million Mile Club.

Blaine and his wife Linda have 4 children. They reside in Rexford, ID.
Five Year Transportation Bill Signed By President Avoids FET Increase
Last week, the President signed into law a 5-year, $305 billion transportation bill (H.R. 22, the "Fixing America's Surface Transportation Act" or FAST Act).           
In a win for truck dealers, the bill did not include an increase in the FET on most heavy-duty trucks.  Preventing this tax increase can be attributed in part to House Concurrent Resolution 33, a bipartisan resolution that would put Congress on record in opposition to any increase in the Federal Excise Tax (FET) on heavy-duty trucks.  H. Con. Res. 33, introduced by Reps. Ribble (R-Wis.) and Walz (D-Minn.), currently has 30 bipartisan cosponsors (21 Republicans and 9 Democrats). 
"Raising the 12 percent FET on heavy duty trucks would be a job killer and would deter the purchase of cleaner and safer trucks," said ATD Chairman Eric Jorgensen.
FMCSA Announces Final ELD Rule
The Federal Motor Carrier Safety Administration on Dec. 10 announced its long-awaited final rule requiring that interstate drivers use electronic recording devices intended to enforce hours-of-service regulations, and reduce driver fatigue and paperwork for motor carriers and drivers.

By early December 2017, an estimated 3 million commercial drivers will have thrown out their paper logbooks. A long-anticipated rule requiring electronic logging devices for truck and bus driver hours of service was announced Thursday morning.

An electronic logging device, or ELD, automatically records driving time. It monitors engine hours, vehicle movement, miles driven, and location information. Although many fleets already are using some version of electronic logbooks, the agency estimates making them mandatory will save 26 lives and prevent 562 injuries each year.

Truck and bus drivers who currently use paper log books must adopt ELDs within two years. The agency estimates about 3 million drivers will be affected.
Motor carriers that are already using electronic log systems compliant with current federal rules (defined as Automatic On-Board Recording Devices, or AOBRDs) have an extra two years to switch over to the new ELD requirements.

The rule includes technology specifications detailing performance and design requirements for ELDs so manufacturers are able to produce compliant devices and systems.

It also establishes new hours-of-service supporting document (shipping documents, fuel purchase receipts, etc.) requirements that the agency says will result in additional paperwork reductions. In most cases, a motor carrier would not be required to retain supporting documents verifying on-duty driving time.

The rule strictly prohibits using ELDs to harass drivers. (A separate FMCSA rulemaking further safeguards commercial drivers from being coerced to violate federal safety regulations and provides the agency with the authority to take enforcement actions not only against motor carriers, but also against shippers, receivers, and transportation intermediaries.)
The rule permits the use of smartphones and other wireless devices as ELDs, so long as they satisfy technical specifications, are certified, and are listed on an FMCSA website.

Canadian- and Mexican-domiciled drivers will also be required to use ELDs when operating on U.S. roadways.

In developing the ELD Final Rule, FMCSA says it relied on input from its Motor Carrier Safety Advisory Committee, feedback from two public listening sessions, comments filed during an extended comment period following the 2011 proposed rule, and comments to the 2014 supplementary proposed rule. The final rule also incorporates mandates included in the Moving Ahead for Progress in the 21st Century Act and other statutes.

The rule was scheduled for official publication Friday, Dec. 11. A copy of the ELD Final Rule is available at: 

Further information, including a searchable list of frequently asked questions and a calendar of free training webinars, is available at
Senate Transportation Committee Passes Bi-partisan Bill known as the "Safe Pipes Act"
The Senate Committee on Commerce, Science, and Transportation unanimously passed a bipartisan bill known as the "SAFE PIPES Act", marking a significant victory for PMAA and its members. The bill seeks to improve the safety of the nation's oil and natural gas pipelines and overhaul procedures at the Pipeline and Hazardous Materials Safety Administration (PHMSA).

Included in the bill is language that was initially requested by PMAA. Section 4 of the bill is language that rescinds a recent interpretative guidance on placarding on cargo tank trucks. The language would force PHMSA to revert back to placarding to the lowest flash point for both split loads and alternating straight loads of diesel fuel and gasoline. This is a cost saving provision for marketers because they can ship diesel fuel, gasoline and heating fuel in different compartments of the same cargo tank vehicle under a gasoline placard, as well as ship straight loads of gasoline or diesel under the gasoline placard instead of affixing or switching multiple product placards. The provision can also benefit emergency responders because it reduces the number of placards on the cargo tank which makes identifying the appropriate response in an emergency simple and reliable.

PMAA has worked with the Department of Transportation (DOT) since the interpretative guidance was released in June, which required different placarding for straight loads of gasoline and diesel.

Members of the House Transportation and Infrastructure Committee and Senate Commerce, Science, and Transportation Committee have been reaching out to the DOT since October regarding this issue. Since then, PMAA worked closely with the staff of Senator Deb Fischer (R-NE) to ensure the language would be added in the "SAFE PIPES Act" and that it would receive support from other committee members.
SafetyFestMT: Missoula 2016
February 8 - 12 2016
Hilton Garden Inn Missoula

3720 North Reserve St.
Missoula, MT 59808

Don't miss this opportunity to take advantage of the fantastic line up of FREE classes available at the Missoula 2016 SafetyFestMT.
To register as an exhibitor please use the contact information below.  Spaces are limited so don't wait!
Please contact:
Casey Kyler-West at 406.444.5267 or 
Thank you for your support of SafetyFestMT!