DOT

News & Analysis as of

Third Circuit Upholds the Motor Carrier Exemption for Drivers Who Did Not, But Reasonably Could Have Been Expected to, Cross State...

Are drivers of a motor carrier who rarely or never drive the carrier's interstate routes covered by the motor carrier exemption of the Fair Labor Standards Act?  Yes, according to the U.S. Court of Appeals for the Third...more

DOT Revises Its “Mistaken Fares” Enforcement Policy

DOT’s Office of Aviation Enforcement and Proceedings issued a notice temporarily amending its enforcement policy regarding airlines’ obligation to honor “mistaken fares.” Until now, DOT’s Enforcement Office has generally...more

Reed Smith’s “Crude by Rail” Series - DOT Publishes Amended Regulations for Rail Transport

As part of a 19-month initiative to improve the safety of hazardous rail traffic, on Friday, May 8, 2015, the U.S. Department of Transportation (“DOT”) published new regulations and standards for the bulk transport of Class 3...more

DOT Tank Car Rule Reflects Refined Cost-Benefit Analysis

On May 1, 2015, the U.S. Department of Transportation, acting through the Pipeline and Hazardous Materials Safety Administration, issued a much-anticipated final rule on the enhanced tank car standards and operational...more

Crude-by-Rail Update: The DOT’s Final Rule Is Out—How Can Producers and Midstream Transporters Comply with the New Classification...

On May 1, the Department of Transportation—through its operating agencies the Pipeline and Hazardous Materials Safety Administration and the Federal Railroad Administration—issued its final crude-by-rail rule. The rule...more

[Webinar] Meritas Capability - Avoiding Common Mistakes Companies Make When Operating Business Aircraft, May 19, 1:00-2:00 CST

Business aircraft operations are highly regulated by several government agencies. Structuring the ownership and operation of business aircraft in compliance with this regulatory environment is difficult and requires...more

New Standards for Shipping Crude Oil, Petroleum Products and Renewable Fuel by Rail

On Friday, May 1, the U.S. Department of Transportation (“DOT”) issued a final rule establishing new requirements for transporting flammable liquids in a continuous block of 20 or more tank cars or 35 or more tank cars loaded...more

“Peace Train” or “Crazy Train”?

In my former days defending agency actions in federal court, I had a standard line I used with frequent success when rules were attacked by all sides: “Your Honor, we’ve been sued here by both industry and environmental...more

Recent Crude-by-Rail Developments

The transportation of crude oil by rail continues to be a key issue for rail and energy industry stakeholders as well as policy makers. Below is a summary of recent developments. 1. DOT Takes Six Crude-by-Rail Safety...more

DOT Issues Final Rule for High-Hazard Flammable Trains

On May 1, 2015, U.S. Transportation Secretary Anthony Foxx announced the Department of Transportation’s (DOT) long awaited (and already highly controversial) final rule strengthening standards for trains carrying flammable...more

NHTSA's Enforcement Priorities Made Clear in U.S. DOT's Transportation Bill (Grow America Act)

Last year, the U.S. Department of Transportation unveiled its long-term transportation bill, entitled the Grow America Act, which contained the Department’s wish list for funding and new authorities. On March 31, 2015, the...more

Obama Administration Releases First Installment of the Quadrennial Energy Review

The Obama Administration released the first installment of its Quadrennial Energy Review (“QER”), which focuses on energy transmission, storage, and distribution (“TS&D”). The QER was first launched in Obama’s Climate Action...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - April 2015

This edition of the Cozen O’Connor Aviation Regulatory Update includes an overview of the FAA’s new contract maintenance rules, DOT and FAA notices on flight prohibitions in conflict zones, the latest news on the integration...more

New York Federal Court Applies New York City Human Rights Law’s Liability Provision to Employer’s Agent

The New York City Human Rights Law specifically says that an employer’s agent can be held liable for discrimination, but its liability provision doesn’t address the circumstances under which that agent may be held liable for...more

Commercial Drones: When Tech Flies Faster Than the Speed of Government

Unmanned Aircraft Systems (UAS), or drones as they are more commonly known, are under intense scrutiny by the Federal Aviation Administration (FAA). In fact, the FAA itself is under scrutiny, by big and small businesses...more

Auto Accidents in Construction Zones

Accidents involving motorists in highway construction zones are more common than one might think. In fact, 88,000 auto accidents took place in construction zones in 2010, according to the latest findings from the U.S....more

“Beyond Traffic”: Imagining a Brighter Infrastructure Future

U.S. Department of Transportation Secretary Anthony Foxx has a favorite saying that he attributes to one of his public school teachers: “Having no plan is a plan.” Well, now the USDOT has a plan, or, as it calls it, a...more

DOT Announces Pilot Program Permitting Local Hiring Preferences - FHWA-Funded Projects Require Prior Approval; FTA-Funded Projects...

The U.S. Department of Transportation (DOT) announced a pilot program that would permit state and local recipients of federal highway and federal transit funds to issue solicitations with "local hire" preferences. DOT also...more

Weekly Update Newsletter - March 2015 #2

GOVERNMENT CONTRACTS - DoD Issues Notice to Publish an Updated List of Product Categories for Which Federal Prison Industries Have a Significant Market Share - The Department of Defense (DoD) issued a Notice...more

Anticipating PHMSA's Crude by Rail Rule

The Pipeline and Hazardous Materials Safety Administration's much-anticipated crude by rail rule will address over 3,000 comments, spanning a wide range of public opinion on crude by rail safety. PHMSA must address vast...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - February 2015

This edition of the Cozen O’Connor Aviation Regulatory Update includes an overview of the FAA’s long-awaited proposed rule on small unmanned aircraft commercial operations, the White House’s statement on privacy issues...more

Supervisor Not "Qualified Individual" Under ADA after Failing DOT Medical Certification

Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered...more

Florida Court Holds That Engineering Company Cannot be Held Liable for Third Party Injury Despite Open and Obvious Design Defect

Vanessa Cruz was tragically killed on July 15, 2008, in a single vehicle accident on the Florida Turnpike. Vanessa was the front seat passenger in a vehicle when the driver lost control, left the roadway, and struck the end...more

Crude-by-Rail Update: What to Expect From Recent Crude Oil Derailments

These are uncertain and stressful times for all involved in the transportation of crude oil by rail. Since February 14, two fiery derailments in West Virginia and Ontario have refocused an unwelcome spotlight on the necessity...more

Florida Appeals Court Holds Contractor and Engineering Firm Entitled to Summary Judgment on Personal Injury Claim Where Owner...

The Florida Department of Transportation (“DOT”) hired Transportation Engineering, Inc. (“TEI”) to design, and D.A.B. Constructors, Inc. (“DAB”) to install, median guardrails along the Florida Turnpike. After the...more

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