Chemical transport, tank cleaning and transportation depot operators breathed a sigh of relief in March 2024 when the U.S. Environmental Protection Agency (EPA) dropped provisions from a proposed rule when it issued its final...more
5/3/2024
/ Chemical Spills ,
Chemicals ,
Clean Air Act ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
Obama Administration ,
Refineries ,
Risk Management ,
Transportation Industry ,
Trump Administration
Topic Links Maritime trade is essential to America's economic viability and national security interests. The U.S. Marine Transportation System (MTS) – comprising an intricate system of ports, terminals, vessels, waterways and...more
3/21/2024
/ Biden Administration ,
Coast Guard ,
Cyber Espionage ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Espionage ,
Executive Orders ,
Maritime Transport ,
Ports ,
Risk Mitigation ,
Vessels
The Federal Motor Carrier Safety Administration (FMCSA) on Nov. 16, 2023, issued a final rule that implements financial security requirements on brokers and freight forwarders. The rule, proposed earlier this year, should...more
Freight brokers are often sued for negligence when there is cargo damage or personal injury involving a motor carrier hired by the broker. Personal injury claims in particular can involve damages in the tens and hundreds of...more
5/1/2023
/ Brokers ,
Conflicts of Laws ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Freight Forwarding ,
Motor Carriers ,
Motor Vehicles ,
Negligence ,
Petition for Writ of Certiorari ,
Preemption ,
Shipping ,
Shipping Cargo ,
Split of Authority ,
State Law Claims
The Federal Motor Carrier Safety Administration (FMCSA) on Jan. 5, 2023, issued a notice of proposed rulemaking (NPRM) to implement financial security requirements on brokers and freight forwarders. The proposed changes to...more
The Federal Motor Carrier Safety Administration (FMCSA) has requested public comment on an application for exemption submitted by The Trucking Alliance that would allow trucking companies to use hair testing in addition to...more
10/4/2022
/ Commercial Truck Drivers ,
Department of Health and Human Services (HHS) ,
Drug Testing ,
Exemptions ,
Fixing America’s Surface Transportation Act (FAST Act) ,
FMCSA ,
Hiring & Firing ,
Pre-Employment Health Screenings ,
Proposed Guidance ,
Public Comment ,
Statutory Authority ,
Trucking Industry
The U.S. Supreme Court recently denied the California Trucking Association's (CTA) petition for certiorari related to a case involving federal preemption of California Assembly Bill 5 (AB-5), a law that changed the legal...more
8/5/2022
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Economic Development ,
Employee Definition ,
Employment Litigation ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Petition for Writ of Certiorari ,
Ports ,
Preemption ,
Protests ,
State Funding ,
State Labor Laws ,
Tax Incentives ,
TRO ,
Trucking Industry
Cargo congestion has reached historic proportions during the COVID-19 pandemic as the demand for imports by U.S. consumers and businesses has skyrocketed combined with an increase in operational disruptions. The effect has...more
Daily life has changed during the COVID-19 pandemic. Many expect that some of these changes will become part of the "new normal" when the pandemic is over. The Federal Maritime Commission (FMC) has gotten a head start on this...more
In December 2020 when this blog series was planned, national attention had turned from developing a COVID-19 vaccine to distributing it. The expectation was that this blog would focus on the successes and logistical...more
The Pipeline and Hazardous Material Safety Administration (PHMSA) states that its mission "is to protect people and the environment by advancing the safe transportation of energy and other hazardous materials that are...more
As noted in Part 1 and Part 2, during the presidential campaign, candidate Joe Biden called for "Sparking the second great railroad revolution." Biden pledged to "make sure that America has the cleanest, safest, and fastest...more
As noted in Part 1, during the presidential campaign, candidate Joe Biden called for "Sparking the second great railroad revolution." Biden pledged to "make sure that America has the cleanest, safest, and fastest rail system...more
The U.S. Department of Transportation (DOT) historically has been less prone to large shifts in policy between presidential administrations. Although President Donald Trump and President-Elect Joe Biden each nominated a...more
During the presidential campaign, candidate Joe Biden called for "Sparking the second great railroad revolution." Biden pledged to "make sure that America has the cleanest, safest, and fastest rail system in the world – for...more
The Federal Motor Carrier Safety Administration (FMCSA) recently requested public comments on petitions for rulemaking backed by owner-operator/small-fleet groups to address the transparency of brokerage rates. The petitions...more
12/10/2020
/ Brokers ,
FMCSA ,
Independent Drivers Guild ,
Motor Carriers ,
Owner-Operators ,
Public Comment ,
Rulemaking Process ,
Transaction Monitoring ,
Transportation Brokerage ,
Transportation Industry ,
Trucking Industry ,
Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) requested public comments on petitions for rulemaking backed by owner-operator/small-fleet groups to address the transparency of broker rates. The notice is in response...more
9/22/2020
/ Brokers ,
Commercial Truck Drivers ,
Contract Rates ,
FMCSA ,
Independent Drivers Guild ,
Motor Carriers ,
Owner-Operators ,
Public Comment ,
Rulemaking Process ,
Transaction Monitoring ,
Transportation Brokerage ,
Transportation Industry ,
Trucking Industry ,
Trucking Regulations
A proposed high-speed passenger railroad between Dallas and Houston has successfully convinced the federal Surface Transportation Board (STB) that it has jurisdiction over the proposed Texas rail line. While STB jurisdiction...more
The Federal Maritime Commission (FMC) has issued a final rule exempting vessel operating common carriers (VOCCs) from publishing "essential terms" of service contracts. The final rule took effect on its publication date of...more
The Federal Motor Carrier Safety Administration (FMCSA) has published its long-awaited final rule on changes to hours of service requirements in a move intended to increase flexibility for truck drivers and motor carriers....more
The Federal Maritime Commission's (FMC) final rule "Docket No. 19-05, Interpretive Rule on Demurrage and Detention Under the Shipping Act" (Final Rule), which took effect on May 18, 2020, after being published in the Federal...more
The Federal Maritime Commission (FMC) has issued a Final Rule allowing the Commission more flexibility in issuing exemptions with respect to service contracts filed by vessel operating common carriers (VOCCs). 85 Fed. Reg....more
The Federal Motor Carrier Safety Administration (FMCSA) has expanded and extended its Emergency Declaration through May 15, 2020, or until the COVID-19 national emergency declaration from the president of the United States is...more
The Federal Maritime Commission (FMC) on March 31, 2020, issued an order – Fact Finding No. 29 International Ocean Transportation Supply Chain Engagement – to develop improvements to U.S. ocean transportation supply chains to...more
The Federal Motor Carrier Safety Administration (FMCSA) has issued an emergency declaration that exempts motor carriers and drivers from federal regulations located at 49 CFR § 390.23, which includes the hours of service...more