Cargo
Securement Standards Harmonization Committee Meeting October 1/2, 1998
Hyatt
Regency
Rochester, New York
RECORD
OF DECISIONS
In Attendance:
CVSA - R.
Fiste - Co-Chair, CCMTA - L. Pelletier - Co-Chair, CCMTA (Harmonization-Committee)
- S. McAlister - Secretary, Union Camp Corp. - J. Avilés,
Oregon DOT/MCTB - R. Jones, CCMTA - J. Billing, SNF Inc. - V.
Kasapoglu, California Trucking Assoc. - L. Blood, WASTEC - J.
Legler, Railinc - AAR - R. Burkhart, New York State (DOT) -
B. Leonard, Abitibi Consolidated Canada - B. Carlson, Crosby
Group Inc. - C. Lucas, Wabash National /TTMA - K. Carr, MacKinnon
Transport /CTA - E. MacKinnon, FHWA - OMC - A. Choquette, Abitibi
Consolidated - R. Mailas, Canadian Pulp and Paper Assoc. - D.
Church, American Concrete Pipe Assoc. - S. McCloskey, Austin
Powder Company - B. Coleman, ABF Freight Systems - R. McPhail,
New York State (DOT) - J. Connolly, Ohio State Highway Patrol
- R. Meek, Canadian Trucking Alliance - G. Cooper, FHWA (OMC)
- Standards - L. Minor, US DOT /FHWA - T. Cotter, Securfit Inc.
- B. Montgomery, New York State (DOT) - D. Cottrell, Alcan /
Aluminum Assoc. - B. Moore, Ministère des Transports
du Quebec - J. Couture, Securfit Inc. - J. Morrison, New York
State (DOT) - B. Davidzik, Transport Canada - J. Neufeld, Ministère
des Transports du Quebec - G. Desrosiers, BESL Transfer Co.
- R. Noel, Dodge-Regupol Inc. - A. Dodge, British Columbia -
R. Oldridge, New Brunswick (Solicitor General) - B. Doyle, California
Highway Patrol - M. Padilla, Domtar Paper - A. Durocher, Alberta
Transportation & Utilities - H. Parenteau, Prince Edward
Island - C. Easter, CCMTA - J. Pearson, Georgia-Pacific - S.
Edge, Georgia-Pacific Corp. - R. Pugh, New York State (DOT)
- D. Eighmey, Norampac Inc. - J. Quart, Wabash National /TTMA
- R. Ehrlich, Columbus McKinnon Corp. - R. Reynolds, Alcan Oswego
- S. Falise, FHWA - Albany - M. Schmidt, Ohio State Highway
Patrol - J. Feddern, New York State (DOT) - N. Schneider, Allegheny
Industrial Associates - T. Feltault, Cargo Cross Universal Securement
Systems - D. Schrader, Compass Transportation - D. Fire, FHWA
/ OMC - E. Scrivner, Peerless Chain Co./NACM - R. George, Riverside
Service - K. Staub, California Highway Patrol - J. Gosselin,
Minnesota State Patrol - H. Steele, Caristrap International
- J. Hayes, American Trucking Association - L. Strawhorn, American
Forest & Paper Assoc. - D. Hershey, Kinedyne Corporation
- J. Takacs, Shippers Paper Products - J. Howlett, US DOT -
FHWA - New York - B. Temperine, Jackson Welding Supply - B.
Jackson, FHWA (OMC) - N. Thomas, Eastman Kodak Co. - J. Jackura,
National Transportation Safety Board - G. Van Etten, Alcan Aluminum
- Oswego - J. Jadus, Pennsylvania PUC Motor Carrier Enforcement
- D. Wilson, FHWA - OMC - A. Johnsen, Yellow Freight Systems
- M. Windsor, Allegheny Industrial Associates - M. Johnson,
Allegheny Industrial Associates - S. Johnson, Columbus McKinnon
- D. Johnston.
1. Introduction
Ms. Pelletier
the Co-Chair of the North American Cargo Securement Standards
Harmonization Committee welcomed participants to Rochester for
the eighth meeting. She noted this was the first time government
and industry had jointly reviewed research results to work towards
developing a standard which could be implemented uniformly in
Canada, the United States and hopefully Mexico. It was suggested
the initiative would set a precedent for future activity between
the countries to work together to develop common solutions to
road safety problems.
The Committee
would be asked to provide final comments on the standard prepared
as a draft regulation. It was hoped closure could be brought
to the majority of items under discussion. It was noted while
this may be the last meeting of the Harmonization Committee
it would not be the end of the consultative process. Further
opportunities would be provided to stakeholders to comment on
the standard as it moved through the rulemaking process in Canada
and the United States.
A general
round of introductions was made.
2. Adoption
of Agenda
The agenda
was adopted with the addition of the correspondence from the
American Forest & Paper Association (AF & PA) under
item 5.e), 1. It was also agreed Crushed Vehicles"
would be considered on the first day.
3. Adoption
of Record of Decisions - May 1-2, 1998
The Record
of Decisions from the May 1-2, 1998 meeting were reviewed. Mr.
Kasopoglu suggested on page 14, third paragraph, after the third
sentence that a further sentence be added to the Record of Decisions:
"However, he indicated that if the Committee were to put
their proposal in writing regarding SNFs trailer as a
means of transport he would provide an official response".
It was agreed any further action on the request would be deferred
until consideration of the crushed vehicles section of the rule.
The Record of Decisions for May 1-2, 1998 meeting were approved.
4. Overview
of Research and Standards Harmonization Process
Mr. Pearson
provided a general overview of the research and cargo securement
standard harmonization initiative. The purpose of the load securement
research project had been to gather comprehensive data on cargo
securement systems. The purpose of the Standards Harmonization
Committee was to review the results, and develop a new performance
based standard which could be uniformly implemented throughout
North America. The revised schedule for completion of the Project
was also reviewed. It was noted for this meeting the focus would
be on the draft model regulation. Following completion of the
regulation the Drafting Group would complete the interpretive
guide.
In discussion,
it was noted as the standard development process drew to a close
the issues of maintenance and implementation of the rule became
more critical. It was agreed further discussion on implementation
issues would be deferred until later in the meeting (See item
7 of this Record of Decisions). It was noted the complete set
of reports from the project and the two videos were available
from the CCMTA Secretariat. Order forms for the report and videos
were distributed to interested participants. Moreover, the order
forms were also on the Project web site located at www.ab.org\ccmta\ccmta.html.
5. North
American Cargo Securement Standard-Review of Proposed Model
Regulation Draft 2
a) Summary
of Comments Received
Mr. Pearson
provided an overview of the evolution of the standard. He noted
there was increased pressure for the Committee to complete development
of the rule and to begin work on the steps which would be required
for uniform implementation. He noted comments had been received
from the American Forest & Paper Association, Canadian Pulp
and Paper Association, American Trucking Association, California
Trucking Association, California Highway Patrol, Canadian Trucking
Association, SNF and a host of other shipper and government
agencies. In brief, some of the comments were directed towards
the performance requirements, some to specific commodities,
with the bulk directed at material contained in the guide. These
comments had been reviewed and where possible Drafting Group
members had incorporated the suggestions in Draft 2 of the rule
which would be reviewed by the Committee at this session.
It was agreed
further discussion on the comments would be deferred until consideration
of Draft 2.
b) Review
of Proposed Process for Completing Documentation
Mr. Pearson
indicated the objective of this meeting would be to come to
consensus on the proposed rule. He noted the Drafting Group
had made a decision through the summer to develop the regulatory
text which would be submitted to governments for consideration
in place of their existing cargo securement rules. He noted
it was the regulatory text which was critical for the evolution
of the Standard as a rule. The guide would be an additional
benefit only in so far as it explained the requirements of the
rule. Once the Harmonization Committee had agreed on the rule,
the Drafting Group would complete the guide which would include
best and recommended practices for cargo securement. To this
end further development of the guide had been deferred until
consensus was reached on the model regulation. He completed
this portion of his presentation by indicating the completed
guide would be turned over to the Training Committee for further
development.
Following
a brief discussion the Harmonization Committee agreed to adopt
this process for completion of the developmental stage of the
rule, and endorsed the guide would be completed by the Drafting
Group following agreement on the contents of the rule.
c) Overview
of Revisions to Model Regulation - Draft 2
Mr. Pearson
briefly provided an overview of the revisions which had been
made since the May meeting. He noted the Drafting Group had
met or corresponded with various industry sectors to address
the concerns which had been raised on specific sections. Draft
2 attempts to address the comments provided, implementation
concerns, the need for practical regulatory requirements and
the key findings from the research and testing. He noted all
of the advisory language which had been in Draft 1 had been
removed and would be placed in the guide. He noted on the basis
of comments received the proposed rule had been restructured
with the addition of a definitions section (Part 4), referenced
standards (Part 5), and default working load limits (Part 6).
In addition, it was noted the Drafting Group had reworked the
sections pertaining to direct and indirect tiedowns, the method
for counting tiedowns, and developed minimum requirements for
tiedowns based on the size and weight of the cargo. It was noted
the intent had been for the specific requirements to supersede
the general requirements for specific commodities.
From the
discussion it was noted many of the implementation issues (i.e.:
trailers, stock of unmarked components) had been deferred, and
would be taken up by the Cargo Securement Implementation Committee.
In this regard the existing working load limit tables in use
in the US had been added to the rule to facilitate implementation.
It was noted additional work would have to be undertaken between
the two countries, manufacturers and carriers to develop implementation
plans to meet the agreed upon principle that at some future
date the load carrying capacity of all components in the cargo
securement system must be known. This in turn would mean at
some future date there would be no default ratings for either
vehicles or components and as such Part 6 would be deleted.
The Harmonization Committee endorsed the approach taken by the
Drafting Group and reaffirmed the principle that all components
in a cargo securement system must be rated and marked.
The summary
of changes incorporated into Draft 2 were endorsed by the Harmonization
Committee. It was agreed specific comments on draft 2 would
be deferred until after consideration of the next item.
d) Comparison
of Model Regulation Proposal with Current Requirements
Mr. Pearson
distributed a comparison document noting the Drafting Group
had been requested to assemble material providing a side by
side comparison of existing US and Canadian requirements in
relation to the new cargo securement standard. He noted many
of the comments being received on the standard and guide were
seeking clarification on what requirements were changing as
a result of the new standard. He briefly highlighted those areas
where the standard was becoming more prescriptive (specific
commodities) and those sections where the requirements would
become less prescriptive in recognition of the positive role
friction played in the retention of cargo. He concluded his
presentation by indicating the document was a "work in
progress" which would be further updated and amended as
a result of the work completed at this meeting and during the
implementation phase of the standard.
In discussion,
the stakeholders indicated this was a very useful document which
could be used to brief individuals on the requirements of the
new standard. It was noted both existing Canadian and US requirements
contained provisions relating to metal coils, intermodal containers
and miscellaneous metal articles. It was noted the proposed
standard extended and clarified provisions for metal coils and
intermodal containers and if adopted would harmonize Canadian
and US requirements. It was further noted the key feature of
the new standard was that it took and defined specifically what
was required for other commodities. These commodities are currently
covered under the generic provisions of existing legislation
in Canada and the United States. A number of stakeholders indicated
that as a result the new standard was not proposing radically
new requirements for these commodities but rather attempting
to define specifically what was required from the existing legislation
in each country. It was agreed this would be a point that needed
to be emphasized in briefings to government and industry stakeholders.
The issue
of whether "miscellaneous metal articles" which appears
in both existing US and Canadian regulations, but does not appear
in the proposed North American standard was discussed. Many
stakeholders argued for retention and inclusion of these requirements
in the North American standard, while others indicated no one
had identified problems in this area and as such they should
be dropped given the general provisions of the standard would
apply. Following further discussion it was agreed discretion
would be provided to the Drafting Group to include provisions
for miscellaneous metal articles in the standard, if in the
view of the Drafting Group it was felt the general provisions
of the standard did not adequately cover other metal products.
It was agreed it should be fairly easy to harmonize these requirements
as they are similar in both Canada and the United States. The
direction to the Drafting Group was the section should "harmonize"
existing Canadian and US requirements and add no new requirements.
A number
of stakeholders indicated the document did not include specific
requirements for individual states and provinces which deviated
from both "national" standards in Canada and the United
States. It was noted some states (California) and provinces
(BC) included additional requirements not referenced in the
document. These local variations were acknowledged by members
of the Drafting Group and it was noted the treatment of the
variations was something which would have to be dealt with by
the Implementation Committee after each government agency had
been requested to indicate whether they were prepared to give
up their local rules in favour of the North American standard.
To this end it was suggested and agreed the document be reviewed
and treated as a work in progress to be expanded and updated.
It was agreed the document would be critical to securing support
for the new North American standard as the process moved to
the rulemaking phase. It was agreed the Drafting Group would
be tasked with further developing the document and posting it
on the web site to assist stakeholders in explaining the new
standard and requirements to their members.
e) Open
Discussion
The Co-Chairs
sought direction from the Committee on how the review of the
proposed rule should proceed. It was agreed the Committee would
proceed with a section by section review of the proposed rule
in order to complete the standard development process.
The Committee
endorsed and approved Sections 1.1. pertaining to Application.
A number of stakeholders suggested Section 1.2 be renamed from
"Objectives" to "General Principle" so that
it is clear that the general requirement is that cargo must
be "contained or secured so that it will not leak, spill,
blow, fall from, become dislodged or shift....." was regulatory
language which would be used in all legislation. Section 1.2
was approved with this understanding.
Performance
Criteria
An overview
of Section 1.3 relating to the performance criteria was provided.
It was noted the Drafting Committee had not received any suggestions
for alternate criteria which had been supported by studies or
other technical literature. Mr. Strawhorn indicated the performance
criteria had been circulated by ATA to tire and vehicle manufacturers.
He noted the ATA had been advised the .5g lateral was excellent,
the .8g forward was acceptable, and that no information could
be provided on the .5g rearward because no manufacturers are
currently conducting compliance testing in this direction. It
was suggested and agreed in order to be consistent with section
2.11 that the words "or decelerations" be added to
section 1.3. Mr. Edge indicated members of the paper roll industry
were still experiencing difficulty with the rationale for requirements
in the rearward direction in that they doubted a vehicle could
ever reach this threshold without being involved in a crash.
Mr. Billing indicated this figure could be generated in shifting
gears up a steep incline, inclement weather (ice to hard surface),
or when the vehicle backs into a loading dock. It was suggested
this number might be more appropriate for flat bed trailers
but not van trailers. A number of stakeholders indicated the
real difficulty in selecting the numbers to be used stemmed
from the variety of criteria which were currently being used
and the multiplicity of applications between vehicles and cargo.
It was noted options for the performance criteria which had
been reviewed included at one end of the spectrum the AAR specification
for intermodal trailers set at 3.5g or no requirements. It was
noted the Drafting Group was still committed to the inclusion
of the existing performance criteria in the rule.
In further
discussion it was noted the AAR were reviewing their trailer
standards and might be moving closer to the performance criteria
proposed by the Harmonization Committee. It was agreed the real
issue was determining what movement would be allowed. It was
acknowledged movement of a couple of inches in the rearward
direction was probably acceptable, where movement in the order
of 1-2 feet was probably unacceptable. Mr. Ehrlich from the
TTMA indicated members of his association believed the current
numbers were appropriate but the concern was how they would
be applied. If taken literally as a no damage criteria without
qualification the TTMA would have to start building much more
robust trailers. It was noted this had been a concern of the
TTMA members when revising recommended practice RP 47. Drafting
Group members clarified the performance numbers had not been
intended as "no damage" criteria. Some deflection
and distortion would be permitted in trailer walls provided
the load remained contained and secured. Some stakeholders did
express reservations about continuing to operate a damaged vehicle.
It was noted the OOS criteria would address this situation (i.e.:
bulging walls).
In discussion
of the performance criteria the following options were considered:
deletion of the performance requirements entirely, or placing
the performance criteria in the interpretive guide. It was noted
it had never been intended that the performance criteria would
be enforced at road side. Rather, the performance criteria had
been developed as objective criteria for those individuals who
wished to demonstrate and certify new cargo securement systems
outside of those which are covered by the general and specific
commodity sections. In essence, the criteria became the test
for new cargo securement devices or procedures. It was noted
the process for administering acceptance of these systems was
included as part of the mandate of the Implementation Committee.
It was suggested deletion of the criteria would reduce the work
of the Committee to a straight harmonization initiative rather
than an attempt to develop a performance based rule. The majority
of participants indicated these options were not acceptable.
It was agreed the Drafting Group would be requested to conduct
one final review of the rearward direction for the performance
criteria. It was acknowledged the Harmonization Committee would
defer to the judgement of the Drafting Group on the final number
to be selected. With this caveat it was agreed the performance
criteria would be considered final and endorsed by the Harmonization
Committee. It was agreed the performance criteria should be
retained in the standard.
Part
2 - General Provisions and Requirements
Drafting
Group members indicated the changes which had been made in this
section to clarify the requirements for direct and indirect
tiedowns, the method for counting tiedowns, and the minimum
requirements for tiedowns based on the size and weight of the
cargo.
Sections
2.1 through 2.1.2 was approved by the Committee. Section 2.3
was approved with the addition of the words "becoming loose"
in the first paragraph. It was agreed the Drafting Group would
rework or remove the phrase "or if the cargo would be subject
to crushing" to better indicate when edge protectors are
required. Section 2.1.4 relating to dunnage and blocking/bracing
was approved.
Mr. Takacs
suggested revisions to Section 2.1.5 relating to securement
system strength rating to make the language more consistent
with the WSTDA standards. It was suggested the total assembly
system must be reviewed, and not just the individual components
when establishing the strength requirements. It was further
suggested that it would be appropriate to make a distinction
in this section between chain and web straps. In addition, it
was suggested an additional statement should be added for cordage
and wire rope. It was also suggested there was a need to add
"load stabilizer bars" to 2.1.6. This prompted a general
discussion on whether shoring bars, tracks and netting would
also have to be marked and rated given that in some current
applications they are not. It was suggested and agreed the Drafting
Group would consider adding definitions for beams, load stabilizer
bars, nets, tracks and track fittings to the definition section
of the final draft of the standard. It was agreed proper references
to WSTDA standards would be included in the appropriate sections
of the standard. It was suggested the word "gap" in
Section 2.2.2 needed to be defined in the definition section
of the standard and the guide for enforcement purposes. Alternatively,
the words "braced against movement" could be added
to this section.
Some discussion
ensued on section 2.2.4 and the 30 degree requirement for indirect
tiedowns. It was noted this requirement was supported directly
by the research. It was suggested that in the guide careful
direction should be provided so that enforcement officers employ
common sense in enforcing this provision. The revised language
submitted by the Drafting Group relative to direct and indirect
tiedowns 2.2.4 was approved by the Harmonization Committee.
It was agreed under Section 2.2.4.1. the Drafting Group would
review this section with a view to making editorial changes
which clearly specified when tiedowns are required. In addition,
wording would be added to clarify and indicate what must be
done for multi-tiered loads similar to that which is found in
section 3.2 for Dressed Lumber.
Committee
discussion focused on Section 2.3 relating to the requirement
to periodically inspect cargo securement systems during the
trip. It was suggested the distance and time requirements be
removed. It was noted existing rules contained this provision
and it had been requested at the last Harmonization Committee
meeting. It was suggested the 25 mile requirement be changed
to 50 miles in large urban areas as it is often difficult for
a driver to find a place for this inspection to be undertaken.
It was agreed discretion would be left to the Drafting Group
to include two mileage requirements (25 rural and 50 city) or
just one mileage requirement (50) for this provision. Some stakeholders
indicated they were uncomfortable with the provision which exempted
drivers from inspection in the case of sealed vans noting enforcement
officers were now opening sealed vehicles. It was however agreed
the provisions would remain and section 2.3 was approved by
the Harmonization Committee.
Logs
3.1
Mr. Billing
provided an overview of Draft 2 noting the changes from the
previous draft. Draft 1 had generated significant commentary
from stakeholders in Canada and the United States. He had worked
with the forestry associations during the summer and Mr. Duncan
and the associations he represented (NC, SC, MN, WA, GA, WI)
were now prepared to endorse the rule. He noted he had also
incorporated comments from Michigan, Oregon, Canadian provinces
and enforcement personnel in revising this section.
In discussion,
it was noted the section requiring auto tensioning devices had
been revised to allow for manual tensioning of the load. Mr.
Blood indicated the draft did not cover some of the typical
vehicle configurations found in the Western states. It was suggested
the number one cargo securement problem with logs was that they
could work there way out of the bundle or lose contact with
restraining stakes. Mr. Oldridge identified specific BC requirements
relative to the positioning of stacks on vehicles. It was agreed
Messrs. Billing and Blood would meet to resolve issues relative
to terminology and to clarify the application of the rule. It
was agreed the Harmonization Committee would approve this section
pending any minor revisions made as a result of discussions
between Messrs. Blood and Billing.
Dressed
Lumber 3.2
Messrs.
Desrosiers provided an overview of the revisions which had been
made in this section as a result of consultations with industry
representatives. He noted the key principle was that bundles
should be placed side by side in direct contact with each other
and the number of tiedowns required for multiple tiers had been
derived from the General Freight section.
In discussion,
a number of stakeholders indicated it was not possible in some
instances to ensure contact between bundles and suggested the
language be revised to include "should" or "as
practicable as possible". In addition, it was suggested
the word "skid" be replaced with "spacer".
It was noted if appropriate high friction dunnage or spacers
are used, restraint of each tier would not be required. It was
suggested and agreed further work would be required for covered
bundles to identify the requirements for enforcement purposes.
It was suggested and agreed the 3.2.3 would be renumbered as
part of 3.2.2.c). It was suggested and agreed the first paragraph
and the section would be reworked by the Drafting Group to clearly
indicate and relate the requirements to section 2.2.4.1 on General
Freight. It was suggested this was necessary in order to permit
carriers to conduct the calculations relative to the number
of tiedowns required. Mr. Pugh indicated with the exception
of a few wording changes which would be provided to Mr. Desrosiers,
members of his association and the Project Group were comfortable
with the provisions contained in the Section. It was suggested
and agreed further work needed to be undertaken with this section
before it can be considered final.
Metal
Coils 3.3
Mr. Minor
outlined the changes which had been made in Draft 2 since the
last meeting. Provisions relating to no movement of chocks had
been added to this section and an effort had been made to streamline
the requirements by removing redundant language. He noted this
section had been developed on the basis of the CCMTA research
and the study conducted by the University of Southern Illinois.
He noted the corrections sought by the Harmonization Committee
at the last meeting had been incorporated into the draft regulation.
In discussion,
Mr. Billing provided the rationale from the research for the
prohibition against use of chain in an x pattern. Some concern
was expressed with the 60 degree angle requirement where it
was noted this would need to be explained with proper caveats
in the enforcement guide to ensure consistent and reasonable
enforcement of the provision. Mr. Minor indicated he would conduct
a final review of the provisions (use of wood blocking) with
members of the steel industry. Members of the aluminum industry
present indicated they were satisfied with the current wording
in the proposed rule. It was further noted the issue of the
proximity of the coils to the trailer walls had been resolved.
The Committee approved the metal coils section as complete.
Paper
Rolls 3.4
(Secretariat
Note: Consideration of the principles contained in this section
were not discussed pending a meeting (that evening) between
members of the Drafting Group and Industry representatives.
What follows is the outcome of the meeting and the decisions
reported to the Harmonization Committee.)
Messrs.
McAlister and Edge updated participants on the meeting which
had been held the previous night between members of the Drafting
Group and industry. It was noted this section would not be reviewed
pending a further joint rewrite of the rules and testing to
be undertaken by the paper roll industry with assistance from
the Drafting Group. It was noted consensus had been reached
on the regulatory language for some of the major issues related
to full loads, and additional drafting work would be undertaken
on split/bilge loading and unitization of paper rolls.
It was noted
the Drafting Group would work with industry representatives
on an expedited basis to develop the final language for this
section. It was noted Messrs. Minor and Billing would work with
Mr. Edge to develop draft language for the rule which could
be subjected to testing later in the fall. It was noted one
of the major points to be reviewed would be the issue of whether
paper rolls could be safely secured without blocking and bracing
(required under current rules in Canada and the United States),
and whether the performance requirements could be met by use
of rubber mats. Drafting Group and industry representatives
indicated it was their hope the redrafting and testing could
be completed by the end of December 1998. A number of stakeholders
queried how they could provide comments on the revised paper
rolls section. It was suggested and agreed the section would
be posted on the project web site in December. Stakeholders
would check the web site and provide any supplementary comments
by December 31, 1998 in order for the rule to be completed early
in the New Year. These actions were approved by the Harmonization
Committee.
Concrete
Pipes 3.5
Mr. Billing
provided an overview of the requirements in the concrete pipe
section noting industry in Canada and the United States supported
and endorsed the requirements in this section.
It was suggested
the standard should specify that only chain or cable is permitted.
It was suggested the term "wire-core aircraft-grade cable"
be replaced with IW4R cable. It was agreed this section would
be considered complete and approved by the Committee. Mr. McCloskey
on behalf of the Concrete Pipe Associations in Canada and the
United States thanked the Harmonization Committee for consideration
and incorporation of their changes in the rule. The Co-Chairs
thanked the Concrete Pipe Associations for their dedicated work
in completing the standard.
Intermodal
Containers 3.6
Mr. Minor
provided an overview of the intermodal container sections noting
only minor editing changes had been made since the last meeting.
It was suggested
webbing be permitted for unladen containers. Mr. Billing indicated
the research had clearly indicated this was not an appropriate
or safe practice. A number of enforcement officers indicated
without weighing the vehicle it would be difficult to determine
whether the vehicle was laden or unladen. It was agreed the
use of webbing would remain prohibited. It was agreed the Drafting
Group would review and where appropriate provide direction on
the treatment of overhanging containers. It was agreed this
section would be considered complete and approved by the Committee.
Automobiles,
Light Trucks and Vans 3.7
Mr. Neufeld
provided an overview of this section noting the section had
been endorsed by industry and approved at the last meeting.
No new issues
were raised by participants. It was noted additional information
on compliance would be contained in the guide derived from industry
loading patterns. It was agreed the Committee would consider
this section complete and approved.
Heavy
Construction Equipment 3.8
Mr. Neufeld
provided an overview of the heavy construction equipment section
noting sign off had been received from industry and that additional
loading patterns from the Special Carrier and Rigging Association
(SCRA) and US military would be included in the guide.
Mr. Blood
and others raised the issue of placing chain on grousers and
tracks suggesting the rule should advise against this location.
Tiedowns on rubber tracks was also raised as an issue. Concern
was expressed it would be difficult to get the wheels or tracks
up against the gooseneck of the trailer. It was suggested the
language be massaged to recommend placement as near as practical
to prevent forward movement. It was suggested additional definitions
be added. With these changes this section was approved by the
Harmonization Committee.
Crushed
Vehicles 3.9
Mr. Neufeld
provided an overview of the crushed vehicles section noting
two principles were being put forward. Crushed vehicles in stacks
must remain on the trailer and small parts must not become dislodged
and fall on the road during transport. The Drafting Group was
proposing a four sided vehicle for the transport of crushed
vehicles.
Mr. Kasapoglu
made a presentation in which he sought the withdrawal of all
three scenarios appearing in this section arguing on the basis
of existing commercial operations none of the scenarios are
realistic and make only a minor contribution to highway safety.
He sought information on the other organizations which had been
contacted by the Drafting Group in preparing this section. He
concluded his presentation by requesting inclusion of a three
sided trailer in section 3.9.
A general
discussion ensued among the participants relative to the proposal
being advanced. Mr. Blood indicated for the transport of crushed
and baled vehicles it was critical the stacks be made as flat
as possible. He further noted from the California experience
there was no other way to contain debris without having four
sides on a vehicle. Committee members were asked to indicate
whether they supported the proposal from Mr. Kasopoglu to withdraw
all three scenarios. The participants did not indicate support
for the proposal. The Committee debated whether this section
should be dropped from the standard and covered under the general
provisions. It was agreed crushed vehicles would remain in the
standard. It was noted a number of other recycling organizations
had only recently become aware of the standards harmonization
initiative. Mr. Fiste indicated he had received a request from
an association in the southern US and from a national association
in Washington to defer approval of this section pending review
by these organizations. It was agreed Mr. Neufeld and the Drafting
Group would be directed to meet with various industry stakeholders
in an effort to reach an acceptable solution for this section.
The Co-Chairs requested that the Drafting Group endeavour to
resolve this issue with various industry stakeholders by December.
Roll-on/Roll-off
Containers 3.10
Mr. Desrosiers
provided an overview of the roll-on/roll-off container section
noting the majority of issues had been addressed at previous
meetings. Mr. Legler confirmed that apart from some minor editing
changes to be provided to Mr. Desrosiers this section could
be considered complete and endorsed by his industry.
Mr. Legler
took the opportunity to update participants on the Z245 standards
indicating it was hoped both would be ratified by Mid-1999.
He indicated by the time the rule and guide are completed the
new ANSI standards will be implemented. He suggested some minor
editing changes relative to the application and requirements
section. It was agreed these would be reviewed by the Drafting
Group for incorporation into the rule. In addition a request
was made to add a series of definitions to the definition section,
and reference to the ANSI standards in Part 5 of the rule. These
requests were endorsed by the Harmonization Committee and this
section was approved.
Boulders
3.11
Mr. Pearson
provided an overview of the Boulder section. Following a brief
discussion it was agreed a definition for boulders needed to
be added to the definition section. It was agreed this section
would be considered complete and approved by the Committee.
Part
4 - Definitions
Mr. Pearson
provided an overview of the definitions section of the standard
noting for uniform implementation of the requirements across
North America it was critical that common definitions be used.
It was noted
the Harmonization Committee had already provided direction on
the inclusion of additional definitions in the review of the
previous sections of the standard. It was agreed stakeholders
would provide any further suggestions for inclusion or amendment
in the coming weeks. It agreed this section was complete except
for minor additions and revisions.
Part
5 - Cargo Securement Components: Referenced Standards
The Committee
undertook a review of the standards which would be referenced
in the North American rule. Direction was sought on whether
any other standards should be referenced.
It was noted
the TTMA would not be addressing "dump bodies" as
part of the RP47 therefore it was agreed the reference would
be deleted from the title. Committee discussion turned on whether
for purposes of adoption by jurisdictions whether dates were
required for the referenced standards. It was suggested the
"latest edition" be added to the standard. It was
noted this would not be sufficient for jurisdictional implementation
purposes. It was agreed for uniformity in provisions the most
up to date version of the referenced standards along with adoption
dates be added to the North American cargo securement rule.
It was agreed given the standards are periodically updated by
the sponsoring organizations an additional task for the Implementation
Committee would be to consider the mechanism to ensure all jurisdictions
referenced the latest version of these standards. It was agreed
a further explanation and elaboration on these standards and
their importance for correctly securing cargo would be contained
in the guide.
Part
6 - Default Working Load Limits for Unmarked Tiedowns
A review
of the working load limits for unmarked tiedowns was undertaken
by the Committee. Mr. George reiterated the view of the NACM
the default value for unmarked chain should be zero. Committee
members however suggested the column for Grade 3 chain should
be labelled as "unmarked". Discussion turned on whether
the other three columns for chain needed to be retained given
the title is for unmarked tiedowns and all other chain is marked
and graded. Some members pointed out the other columns provided
the working load limits for various grades of chain and suggested
they be dropped from the standard but included in the guide.
Other members suggested the inclusion of working load limits
for tiedowns in the standard would be beneficial particularly
for those jurisdictions which currently do not have provisions
pertaining to working load limits in their legislation. Discussion
turned to the inclusion requested by the Harmonization Committee
of a table providing figures for nailed wood blocking. It was
suggested the real issue with this table was not whether these
were working load limits but rather what should the safety factor
be for blocked and nailed wood. It was noted the variety of
wood made specifying a number very difficult.
It was agreed
further work would be undertaken by the Drafting Group to develop
two tables for the standard. The first table would assign the
values for unmarked tiedowns. The second table to be added would
provide the working load limits of various tiedowns. It was
agreed Mr. Lucas would provide to Mr. Pearson the specifications
for unmarked and working load limits for synthetic webbing and
wire rope. It was agreed the working load limit for grade 10
chain would be added. The Drafting Group was directed to determine
whether the table for nailed wood blocking would be placed in
a table for unmarked cargo securement components. It was agreed
in the event the Drafting Group did not want to include the
table it would be included in the guide. It was agreed with
these changes this section would be considered complete and
approved by the Committee.
i) American
Forest & Paper Association (AF&PA) Correspondence
Mr. Edge
spoke to the correspondence which had been circulated to the
Committee relative to AF&PA and CCPA concerns relative to
the latest draft of the North American Cargo Securement rule.
The AF&PA requested that the Committee confirm the proposed
regulations for intermodal freight containers apply solely to
the containers, and that no securement rules apply to the cargo
contained in the containers. In addition, the AF&PA requested
written comments from the Committee on the industry submission
on paper rolls, or the comments provided on the CCMTA paper
rolls standard. Finally, the AF&PA sought evidence of US
accidents that establish the need for commodity specific regulations
for both dressed lumber and paper rolls.
Following
discussion it was agreed the contents of the container would
be covered by the general provisions and that revised language
would be added to the standard to make this clear. It was suggested
and agreed the second request by the AF&PA had been superseded
by the discussion and progress which had been achieved the previous
night by members of the industry and the Drafting Group and
as a result no formal response would be provided. Paper roll
representatives concurred with this decision.
Discussion
turned to the request for US accident statistics. Paper roll
representatives indicated they were not aware of accidents which
were occurring from their claims experience which would warrant
separate sections being created in the standard to address these
commodities. Members of the Committee from the enforcement,
carrier, and regulatory agencies indicated there were accidents
related to these commodities which warranted inclusion in the
specific commodities section. The Co-Chairs indicated they were
not prepared to impede completion of the standard while awaiting
accident statistics. The Co-Chairs reminded the participants
the selection of commodities for special treatment had been
vetted at three previous meetings and all participants had concurred
on the need to provide specific requirements for these commodities.
It was suggested concentration on accidents was a "false
flag" as the second equally important objective of the
Harmonization Committee was to harmonize the requirements between
Canada and the United States. It was agreed Mr. Fiste would
undertake to survey CVSA member jurisdictions to obtain more
information on accidents relating to dressed lumber and paper
rolls. It was agreed this initiative would be separate and would
not effect the schedule which had been established to complete
the dressed lumber and paper roll sections of the standard by
December.
f) Outstanding
Issues
i) Completion
of Proposed Model Regulation
The Co-Chairs
summarized the work completed by the Standards Harmonization
Committee noting that with the exception of paper rolls, crushed
vehicles, dressed lumber (minor revisions), and heavy construction
equipment (minor revisions), the Committee had approved the
North American Cargo Securement standard. Committee members
endorsed and agreed with this assessment.
It was noted
the schedule for completion of the remaining sections had been
determined during consideration of item 5 e). of this Record
of Decisions. It was agreed revised sections pertaining to paper
rolls and crushed vehicles would be published on the Internet
site for final comments by the end of December 1998. It was
agreed participants would be provided two weeks to provide any
additional comments on this section to the Drafting Group. Harmonization
Committee members undertook to verify the web site for the posting
of these sections and provide their comments as soon as possible.
It was agreed the final version of the standard would be published
early in the New Year. It was acknowledged further opportunity
to comment on the standard would be provided during the implementation
stages of the standard.
ii) Guide
to Cargo Securement - Sample Concrete Pipe
Mr. Pearson
provided a brief presentation on the guide reminding participants
of the format which had previously been approved by the Committee
(i.e.: The guide would provide a further elaboration of the
requirements, contain information on "good" and "bad"
practice, and would use illustrations to demonstrate acceptable
cargo securement practices). The draft Concrete Pipe section
was offered as an example of the material which would be contained
in the guide.
It was agreed
the guide would accompany the rule and provide additional clarification
and practical advice on best cargo securement practices including
the performance criteria and specific commodities sections.
It was agreed much of the interpretation and guidance which
had appeared in earlier drafts of the standard would be included
in the revised guide. It was agreed the Drafting Group would
be charged with completing the guide by the end of December
given the standard was now complete in most respects. It was
agreed two weeks would be provided for final comments to be
provided on the guide once it was published on the web site.
It was agreed
the guide upon completion by the Drafting Group would be turned
over to the Training Committee for further development and refinement.
It was agreed the OOS criteria would have to be reviewed and
revised at a later date by CVSA to capture changes being made
to the standard. It was agreed either the Drafting Group (if
time permits) or the Training Committee would be responsible
for undertaking this task. It was agreed the guide should contain
information on complying with the standard and demonstrating
how to calculate the appropriate number of tiedowns required.
The Drafting Group was directed to continue with the same format
for the guide as contained in the draft concrete pipe section.
6. Cargo
Securement Components - Manufacturing Standards
a) Reference
to Other Standards and Organizations
The Co-Chairs
sought an update on the status of the work of the various industry
associations in support of the standard and with particular
reference to marking and rating.
i) Truck
Trailer Manufacturers Association (TTMA) - Update
Messrs.
Ehrlich and Carr updated participants on the progress being
made by the TTMA to update recommended practice RP47 for the
marking and rating of trailers. He noted efforts to this date
had focused on using the performance criteria in the rule to
a "no damage criteria". He noted the clarification
to the application of the performance criteria (See Item 5.e
of this Record of Decisions) would assist TTMA in completing
revisions to their standard. He provided an overview of the
testing which had been conducted by TTMA members. Mr. Ehrlich
noted the revised RP 47 would be balloted by TTMA members on
January 21, 1999 and would be forwarded to the TTMA Board for
approval in April 1999.
In the discussion
which followed participants inquired where the marking and rating
requirements would appear on new trailers. Mr. Ehrlich indicated
the intent of TTMA members was to indicate the rating by marking
on the walls and bulkhead of new vehicles. This marking requirements
as proposed by TTMA were endorsed by the Harmonization Committee.
The Co-Chairs urged the TTMA to complete revisions to the recommended
practice noting it would be referenced in the final rule to
be considered by government agencies in Canada and the United
States. It was agreed the latest version of RP 47 would be forwarded
to the Drafting Group for review.
ii) Web
Sling & Tiedown Association (WSTDA)
Messrs.
Takacs and Lucas provided an overview of the work which had
been undertaken by the WSTDA to develop marking and rating standards
for webbing, winches, and tiedowns. It was noted the full membership
would be meeting October 5-6, 1998 to finalize and approve the
final WSTDA standards. It was noted the final standards would
be released by WSTDA in December. (Copies of the WSTDA standards
can be obtained by contacting WSTDA at 710 East Ogden Avenue,
Suite 600, Naperville, Illinois, USA, 60563 Tel: (630) 369-2406,
FAX: (630) 369-2488). Messrs. Takacs and Lucas updated participants
on WSTDA efforts to finalize the standard for internal van specifications
noting the requirements should be approved and implemented by
summer 1999.
Following
discussion it was agreed the final version of the WSTDA standards
would be forwarded to the CCMTA Secretariat so they could be
properly referenced in the proposed rule. In addition, it was
agreed Mr. Takacs would supply the latest version of the internal
van specification standard to TTMA and the CCMTA Secretariat
for review by the Drafting Group.
Messrs.
Takacs and Lucas took the opportunity to thank CCMTA for sponsoring
and coordinating the cargo securement harmonization initiative
indicating it had been a great experience to work with the other
government and industry representatives. The Co-Chairs, on behalf
of all the participants, thanked Messrs. Takacs and Lucas for
their dedicated efforts in relation to this important road safety
initiative.
iii)
National Association of Chain Manufacturers (NACM)
Mr. George
provided an update on the four issues which had been referred
to the Association by the Committee as a result of the Irvine
meeting. The NACM membership continued to maintain that unmarked
chain should have a default value of zero. He noted all chain
was marked and rated by members of the NACM and suggested the
enforcement community and users should agree on a reasonable
phase-in period for unmarked chain.
He explained
the safety factors which were attached to different grades of
chain and indicated the membership was reluctant to change the
safety factors unless there are compelling documented reasons.
He suggested all reference to chain load capacities in the rule
should be to working load limits and not the safety factor.
He indicated members of the NACM will mark G30 chain. He noted
the NACM membership had reviewed the issue of mixing grades
of chain to secure the same load and the membership had concluded
that as long as the static and dynamic forces do not exceed
the working load limits of the chain, mixing of grades is not
an unsafe practice. He concluded by indicating the NACM membership
was considering adding out of service wear limits for chain
to the NACM specifications.
It was acknowledged
the Committee would not be following the recommendation of the
Chain manufacturers that unmarked chain be given a default value
of zero in the current iteration of the standard. It was agreed
the issue of when unmarked and unrated chain would be removed
from the market would be an issue for the Implementation Committee
to resolve. The decision by NACM to mark and emboss grade 30
chain was endorsed by the Harmonization Committee. The NACM
decision not to change the safety factors for different grades
of chain was debated. It was agreed in the current circumstances
the working load limits would have to be used even if the safety
factors for some chain was different.
7. Implementation
and Maintenance of a Uniform North American Standard
a) Report
and Recommendations from the Sub-Committee
Mr. Fiste
provided an overview of the second draft of the discussion paper
addressing implementation and maintenance issues relative to
the North American rule. He noted a sub-committee comprised
of industry and government had met on August 27-28, 1998 to
review and develop recommendations on the process to be followed
to achieve acceptance and uniform adoption of the standard;
the mechanism to house and maintain the standard; the process
by which interpretations, clarifications and amendments could
be made to the standard; and the processes which needed to be
followed to ensure the standard is enforced consistently.
In brief,
he noted the sub-committee was recommending that upon completion
of the development of the standard a commitment be sought from
each participating jurisdiction to pursue implementation through
the normal rulemaking process, and that each jurisdiction would
participate in a coordination mechanism to oversee implementation
and ensure consistency in requirements. On the issue of managing
the standard the sub-committee was recommending the document
containing the requirements be published by a third party (CCMTA/CVSA)
and that a Cargo Securement Implementation Committee be jointly
established by CCMTA/CVSA with responsibility for ensuring consistency
in implementation and interpretation, and for considering future
amendments to the standard. On the issue of enforcement consistency
the sub-committee was recommending that implementation planning
and training for the proposed standard include identification
and classification of offences. It was noted the sub-committee
was also recommending the proposed cargo securement standard
not include recommendations on sanctions, penalties or fines.
It was agreed discussion of the recommendations would be deferred
until item 7.c).
b) Timing,
Process and Milestones
An overview
of the timing, process and milestones relative to the implementation
strategy was provided. In essence, it was noted the consultation
process through the Standards Harmonization Committee would
be drawing to a close and that a new consultation process involving
all governments would have to be initiated. To this end each
jurisdiction would have to take the completed standard and subject
it to internal/external validation. In particular, jurisdictions
would be requested to indicate whether they are prepared to
implement the standard in lieu of their existing provisions
and to identify any outstanding issues which needed to be resolved
prior to moving forward with implementation. It was noted the
sub-committee had prepared a strategy which would allow any
"deal breakers" to be identified and jointly resolved
by Canadian and US governments as the standard moved through
the rulemaking process. It was noted the Canadian consultation
process would be initiated in January and would be completed
by March 1999, where a meeting between Canadian and US officials
would be organized to negotiate any changes prior to the commencement
of the formal US rulemaking process. It was noted FHWA would
issue a Notice of Proposed Rulemaking (NPRM) in April 1999 and
would then convene a series of "listening sessions"
through the course of the summer. In September 1999, Canadian
and US officials would meet again to address any new issues
or changes which had surfaced as a result of the NPRM commentary
process. Further work would be undertaken between the two countries
with June 2000 selected as the date for full implementation
of the North American rule.
c) Open
Discussion
A general
discussion ensued on the Implementation Planning Report and
the recommendations made by the sub-committee.
Some participants
queried why the adoption by reference option was not being more
fully pursued given the interest which had been expressed by
ANSI and the Canadian Standards Association (CSA). Sub-committee
members indicated this option had been extensively reviewed
but the government members had indicated there was a requirement
for them to publish the full standard in their respective regulations.
It was noted a high degree of consistency would be achieved
in the US as 30+ jurisdictions adopted US FHWA requirements
directly by reference in their legislation. It was noted for
Canada each jurisdiction would have to implement the standard
and the proposed strategy would allow Canadian jurisdictions
to further review the adoption by reference option. Mr. Cooper
indicated the CTA would be advocating a single rule and would
further pursue the adopt by reference option. It was agreed
the first step in the process would be to seek a commitment
from jurisdictions to implement the standard.
US stakeholders
sought information on whether the schedule would be followed
in the US. FHWA officials indicated they would work to meet
the deadlines established by the implementation strategy. It
was further noted it would be critical that US stakeholders
indicate their support for the proposed standard when it is
published as an NPRM. FHWA officials undertook to advise US
stakeholders of publication of the NPRM using the CCMTA Secretariat
mailing list.
Discussion
turned on how the issues relating to marking and rating of components
and trailers would be addressed. It was noted the Implementation
Committee would be tasked with developing this strategy over
time along with the mechanism for providing interpretations
and a means for amending the standard. Discussion turned on
the composition of the Implementation Committee. It was suggested
and agreed the composition of the Implementation Committee should
initially be kept small to determine jurisdictional acceptance
of the proposed standard and to coordinate the jurisdictional
rulemaking initiatives. It was noted opportunities for consultations
with stakeholders had been built into the implementation strategy.
Moreover, it was noted the Implementation Committee was being
provided a mandate to convene meetings and to seek out commentary
and consensus on the issues included in the terms of reference.
It was suggested and agreed the Implementation Committee would
use the project web site to post proposals and advise of meetings.
It was further noted in the event there were significant changes
made to the standard during the implementation process the full
Standards Harmonization Committee could be reconvened to address
these issues.
A brief
discussion ensued on the sub-committee recommendation to task
the Implementation Committee with identification and classification
(severity) of offences but not to include recommendations for
specific sanctions, penalties and fines. In discussion, it was
noted securing jurisdictional agreement on fines would be extremely
difficult to achieve given that these are frequently established
by other agencies in jurisdictions. As a result the sub-committee
was recommending only that an effort be made by the Implementation
Committee to identify and classify the offences. It was further
noted the CVSA out-of-service criteria would have to be reviewed
and revised and this activity was the responsibility of the
various CVSA Committees and not the Implementation Committee.
The Committee endorsed this rationale.
It was agreed
the report, implementation strategy and recommendations including
the June 2000 implementation date for the North American Cargo
Securement standard would be approved by the Committee. In addition,
it was agreed a revised terms of reference, work plan and schedule
for the North American Cargo Securement Implementation Committee
be approved and referred to the appropriate bodies within Canada
and the United States for ratification and action.
8. Training
/ Education Materials
a) Overview
Messrs.
Doyle and Strawhorn presented the report from the sub-committee
tasked with developing a training and educational plan for shippers,
drivers, carriers, and enforcement officers on the proper methods
and work practices to load, secure and inspect cargo on North
American highways per the new standard. The sub-committee was
proposing the training and education materials should be consistent,
comprehensive and appropriate for the target audiences and should
be produced in English, French, and Spanish. They noted a partnership
coordinated by the CCMTA Secretariat was being proposed in which
government and industry equally shared the estimated $200,000
US cost of development for the training materials. It was noted
contributions of between $5-10 thousand split over 30 partners
would cover the necessary expenses. It was noted funds had also
been included for the administration of the project. It was
suggested upon completion of the first round of consultations
on the proposed rule (March 1999), the first meeting of the
Training Committee would be convened. They concluded their presentation
by indicating training would be a critical and integral component
to the success of the North American standard. The Harmonization
Committee was being asked to approve the training plan, terms
of reference, and milestones for completion of training materials
leading up to the June 2000 implementation date for the North
American standard.
In discussion,
it was agreed the milestones for the proposed Training Committee
be adjusted to reflect the decisions made by the Committee relative
to the implementation schedule for the standard.(See preceding
item)
b) Status
of Funding
The Secretariat
indicated Messrs. Strawhorn and Doyle had requested a letter
be sent to members of the Harmonization Committee seeking a
$5,000 or more contribution to the training initiative. He reported
the letter had generated commitments to sponsor the training
initiative from 5 organizations, with expressions of interest
from another 12 potential partners. It was noted some organizations
had along with a financial commitment also offered their expertise
(WSTDA, WASTEC), while some had offered to take full responsibility
for some elements of the program (OOIDA - Video). In addition,
a number of organizations (Canadian Trucking Human Resource
Council) had expressed an interest in providing the services
outlined in the training proposal. The Secretariat concluded
the report by suggesting there was some urgency in establishing
what level of funding would be made available by the partners
as a report would have to be prepared for the upcoming CCMTA
meetings.
Messrs.
Strawhorn and Doyle indicated both of their organizations would
be making a $5,000 contribution to this project. Mr. Schmidt
indicated FHWA supported the training initiative and was considering
making a contribution of between $20,000 and $30,000. Messrs.
Couture (QC) and Oldridge (BC) supported the training plan and
noted the request was being considered in their respective jurisdictions.
Representatives from the other Canadian jurisdictions in attendance
indicated they would initiate the request upon their return.
Messrs. Schneider (NY) and Padilla (CA) noted they supported
the training plan and would similarly initiate a request for
funding. Mr. Moore indicated a decision would be made shortly
by the executive of the Aluminum Association. Mr. Takacs (WSTDA),
Mr. George (NACM), Mr. Carr (TTMA), and Mr. Legler (WASTEC Foundation)
indicated they would initiate funding requests to their respective
associations once the training plan was finalized and approved
by the Harmonization Committee. Messrs. Hershey and Church indicated
they would forward the funding request to their member companies
upon completion of the paper roll section.
c) Recommendations
and Next Steps
It was agreed
the Training Plan would be approved by the Committee. It was
agreed the work plan, revised milestones, and Terms of Reference
for the Training Committee would be approved. It was agreed
all participants would advise the CCMTA Secretariat by December
1998 of the amount their agency would be prepared to contribute
to the training venture. It was agreed the initial meeting of
the Training Committee would be convened in the Spring of 1999.
9. Update
on Regulatory Initiatives - Next Steps for Implementation
a) United
States - FHWA Q and A Format
Mr. Thomas
provided participants with an overview of the US zero based
regulatory project noting FHWA would be writing all of the regulations
in FMCSR in a question and answer format. To demonstrate the
format he circulated a portion of the cargo securement rules
for metal coils written in the Q and A format. He noted all
regulatory text would be prefaced by a question followed by
the answer which would be in plain language for those which
must comply with the requirements.
In response
to questions Mr. Thomas indicated the FHWA would take the completed
standard from the Harmonization Committee and issue it as a
NPRM in the Q and A format. He assured the participants all
sections of the draft rule would be reflected in the Q and A
format. He further indicated FHWA intended to publish the entire
proposed rule developed by the Committee as a Notice of Proposed
Rulemaking (NPRM) in the spring of 1999. A commentary period
(90-120 days) would be provided and it was likely the rule would
go into effect in Spring 2000. He further noted the project
research reports would also be made available on the US DOT
web site located at www.dms.dot.gov including information on
how the hard copy reports could be obtained from CCMTA.
b) Canada
- Transport Canada - Anchor Points
Mr. Neufeld
noted Transport Canada had republished the Canada Gazette Part
1 notice requiring anchor points on new flat bed trailers with
a 1 year lead time for trailer manufacturers to comply. An additional
commentary period was being provided due to the elapsed time
between the Part 1 Notice and issuance of the Part II Notice.
A number
of US stakeholders sought information as to whether NHTSA had
been approached to introduce similar requirements in the US.
Mr. Thomas indicated NHTSA had declined to consider rulemaking
in this area. The potential impact on uniformity was discussed.
It was suggested the TTMA revised practice 47 might address
a portion of the concern. It was suggested and agreed this issue
would be added to the mandate of the Implementation Committee
for resolution.
c) Mexico
Mr. Fiste
indicated Mexican officials had been invited to attend this
meeting but a conflict had prevented participation. He noted
material was being provided to the Mexican CVSA representatives
who in turn were providing the documents to other officials
in SCT. He noted Mexico was monitoring the Project. It was agreed
the Implementation Committee should be mandated to further pursue
Mexican participation in the joint rulemaking process.
10. Other
Business
No other
business was identified by the participants.
11. Elements
to be Reported to Standing Committee on Compliance and Regulatory
Affairs
Mr. McAlister
provided a brief overview of CCMTA noting the work of the Harmonization
Committee was reported to a permanent Standing Committee which
was responsible for motor carrier issues in Canada. He noted
Ms. Pelletier would prepare a report for the Standing Committee
in November. The report would indicate the proposed rule had
been completed with the exception of paper rolls and crushed
vehicles. Work plans, terms of reference, and budgets for the
Cargo Securement Training and Implementation Committees would
be submitted for approval.
12. Next
Meeting
A number
of stakeholders suggested the Standards Harmonization Committee
should not be disbanded as it had provided a forum to bring
together all relevant sections of the manufacturing, shipping,
regulatory and enforcement communities to discuss and resolve
cargo securement issues. A number of members indicated they
wished to remain active to see the standard through to implementation.
Mr. Fiste
indicated while it would be useful to keep the Committee in
place the project was entering another phase where governments
would have to meet and determine whether they would be prepared
to implement the proposed standard. A number of stakeholders
sought information as how they would be informed of the outcome
of the Canadian and US consultation processes particularly if
there were significant changes made to the rule. It was recommended
and agreed the project web site should be maintained for stakeholders
to track progress. A number of stakeholders indicated this would
still not address the situation where significant changes were
brought to the standard. It was noted their organizations
approval of the proposed standard was contingent on it going
forward in both countries as currently drafted. Mr. Fiste indicated
if significant changes were made to the standard he would review
the situation with Ms. Pelletier and perhaps one further meeting
of the Harmonization Committee could be convened during the
CVSA Spring meetings in Albuquerque, New Mexico. Many of the
stakeholders urged the Committee to reconvene noting they wished
to have a mechanism by which to lend their support during the
implementation phase.
13. Adjournment
Mr. Fiste
took the opportunity to thank all of the participants from government
and industry for their hard work and dedication throughout the
development stage of the standard. He noted they had accomplished
something unique and special for Canada and the United States
in working cooperatively to develop the North American Cargo
Securement standard. He indicated it was his hope the process
established for this standard would be replicated on other joint
Canada/US road safety issues. Participants expressed their gratitude
to the Co-Chairs, the Drafting Group, and CCMTA staff for their
hard work throughout the past two years. The meeting was adjourned. |