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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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FEATURED NEWS
2026-06-02T05:00:00Z
NewsClassification - HazmatPipeline and Hazardous Materials Safety Administration (PHMSA), DOTChange NoticesChange NoticeHazmat SafetyHazmatFocus AreaEnglishTransportationUSA
PHMSA Final Rule: Hazardous Materials: Streamlining Requirements for the Approval of Certain Energetic Materials
PHMSA is amending the Hazardous Materials Regulations (HMR) by streamlining the classification and approval process for transporting certain low-hazard fireworks, revising the criteria for small arms cartridges to include tracer ammunition as eligible for self-classification, designating the PHMSA portal as the sole method to submit applications for all explosives approvals, and authorizing voluntary termination of an explosive approval by the approval holder.
DATES:
Effective Date: This final rule is effective on July 2, 2026. The incorporation by reference of certain material listed in this rule was approved by the Director of the Federal Register as of December 28, 2020.
Voluntary Compliance Date: June 2, 2026.
Delayed Compliance Date: August 31, 2026.
Published in the Federal Register June 2, 2026, page 32889.
View final rule.
| §107.705 Registrations, reports, and applications for approval. | ||
| (a)(1) | Revised | View text |
| §107.713 Approval modification, suspension or termination. | ||
| (c) introductory text | Revised | View text |
| (e) | Added | View text |
| §171.8 Definitions and abbreviations. | ||
| Definition for ”FW number” | Added | View text |
| §173.56 New explosives—definition and procedures for classification and approval. | ||
| (h)(3) | Revised | View text |
| §173.59 Description of terms for explosives. | ||
| Description for ”Low hazard fireworks” | Added | View text |
| §173.63 Packaging exceptions. | ||
| (b)(1)(ii) | Revised | View text |
| §173.64 Exceptions for Division 1.3 and 1.4 fireworks. | ||
| Entire section | Revised | View text |
Previous Text
§107.705 Registrations, reports, and applications for approval.
* * * *
(a)(1) File the registration, report, or application with the Associate Administrator for Hazardous Materials Safety (Attention: Approvals, PHH–32), Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, 2nd Floor, E23–406, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. Alternatively, the document with any attached supporting documentation in an appropriate format may be filed by facsimile (fax) to: (202) 366–3753 or (202) 366–3308 or by electronic mail (e-mail) to: approvals@dot.gov
§107.713 Approval modification, suspension or termination.
* * * *
(c) Except as provided in paragraph (d) of this section, before an approval is modified, suspended or terminated, the Associate Administrator notifies the holder in writing of the proposed action and the reasons for it, and provides an opportunity to show cause why the proposed action should not be taken.
§173.56 New explosives—definition and procedures for classification and approval.
* * * *
(h)(3) Ammunition with inert projectile or blank ammunition; and
§173.63 Packaging exceptions.
* * * *
(b)(1)(ii) Cartridges, small arms, Cartridges, power device (used to project fastening devices), Cartridges for tools, blank, and Cases, cartridge empty with primer that may be shipped as a limited quantity are as follows:
(A) Ammunition for rifle, pistol or shotgun;
(B) Ammunition with inert projectiles or blank ammunition;
(C) Ammunition having no tear gas, incendiary, or detonating explosive projectiles;
(D) Ammunition not exceeding 12.7 mm (50 caliber or 0.5 inch) for rifle or pistol, cartridges or 8 gauge for shotshells;
(E) Cartridges for tools, blank; and
(F) Cases, cartridge, empty with primer.
(G) Cartridges, power device (used to project fastening devices).
§173.64 Exceptions for Division 1.3 and 1.4 fireworks.
(a) Notwithstanding the requirements of §173.56(b), Division 1.3 and 1.4 fireworks (see §173.65 for Division 1.4G consumer fireworks) may be classed and approved by the Associate Administrator without prior examination and offered for transportation if the following conditions are met:
(1) The fireworks are manufactured in accordance with the applicable requirements in APA 87-1A, 87-1B, and 87-1C (IBR, see §171.7 of this subchapter);
(2) The device must pass a thermal stability test conducted by a third-party laboratory, or the manufacturer. The test must be performed by maintaining the device, or a representative prototype of a large device such as a display shell, at a temperature of 75°C (167°F) for 48 consecutive hours. When a device contains more than one component, those components that could be in physical contact with each other in the finished device must be placed in contact with each other during the thermal stability test;
(3) The manufacturer applies in writing to the Associate Administrator following the applicable requirements in APA 87-1A, 87-1B, and 87-1C and is notified in writing by the Associate Administrator that the fireworks have been classed, approved, and assigned an EX number. Each application must be complete and include all relevant background data and copies of all applicable drawings, test results, and any other pertinent information on each device for which approval is being requested. The manufacturer must sign the application and certify that the device for which approval is requested conforms to the appropriate APA Standard, that the descriptions and technical information contained in the application are complete and accurate, and with respect to APA 87-1A that no duplicate application has been submitted to a fireworks certification agency. If the application is denied, the manufacturer will be notified in writing of the reasons for the denial. The Associate Administrator may require that the fireworks be examined by an agency listed in §173.56(b)(1) of this part.
(b) [Reserved]
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RECENT INDUSTRY HIGHLIGHTS
2026-06-02T05:00:00Z
NewsIndustry NewsFleet SafetyEntry-Level driver trainingEntry-level driver trainingFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Looking to reenergize your training? The solution may be closer than you think
Looking for a fresh way to present a familiar driver-training topic? One way to do this is to have a different person present the instruction. So, where do you find that person? One of your most effective presenters may already be on staff. Veteran drivers bring real-world credibility, practical insight, and the kind of experience that naturally earns your drivers’ attention and respect.
The benefits
Credibility. Veteran drivers speak from real life experience, which brings a certain level of credibility to the instruction. They have faced similar on-the-job situations and challenges.
Approachability. Drivers may feel more comfortable asking questions and discussing concerns with another driver than with a supervisor or trainer. This can lead to more open conversations and better participation.
Practical insight. A veteran driver can offer practical advice based on their real-life experiences. This, in turn, can help drivers apply what they have learned while encouraging teamwork and networking among your drivers.
Selecting a trainer
The individual you select to conduct the training needs to be comfortable speaking in front of others and must have a strong understanding of the topic. Look for someone who is well-versed in the subject and has a genuine interest in learning more.
When multiple topics need to be covered, select one driver for each topic. In assigning a specific topic to a driver, you create an in-house expert who has researched the issue.
Training the trainer
Even the most knowledgeable driver needs support to turn that knowledge into an effective presentation. This means you will need to allow some time for the individual to rehearse their presentation.
At least some of this practice should take place in front of you and a few other employees that the driver is comfortable with and trusts. Use this time to correct mistakes and build presenter confidence. Address both the strong and weak portions of the presentation.
Key to remember: Using veteran drivers as trainers can revitalize familiar training topics by leveraging their real-world experience, credibility, and approachability. This encourages open communication and better communication.
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2026-06-02T05:00:00Z
NewsHuman Resource ManagementHuman Resource ManagementStrategic planningIn-Depth ArticleJob SpecificationsHR ManagementEnglishHuman ResourcesIndustry NewsWage and HourWage and HourHR GeneralistFair Labor Standards Act (FLSA)Associate RelationsFocus AreaUSA
The interns are coming! Must we pay them?
Summer often comes with summer interns. Employers must be aware of their obligations regarding paying interns under the federal Fair Labor Standards Act (FLSA). The FLSA requires “for-profit” employers to pay all employees for their work. Interns and students, however, might not be considered “employees” under the FLSA — in which case employers wouldn’t have to pay them.
Employers don’t have a one-size-fits-all factor when it comes to FLSA employment decisions. Instead, they have to consider the following factors to help determine whether an intern (or student) is an employee or not:
- Pay: The extent to which the intern and the employer clearly understand that there’s no expectation of pay is a key factor. Any promise of pay, express or implied, suggests that the intern is an employee — and vice versa.
- Training: The extent to which the internship provides training that would be similar to what the intern or student would receive in an educational environment, including clinical and other hands-on training, is another factor. The more the internship resembles classroom training, the lower the chance of the person being an employee.
- Academic credit: If the internship is tied to the intern’s formal education program through integrated coursework or the receipt of academic credit, the lower the chance that the intern is an employee.
- Schedule accommodation: If the internship accommodates the intern’s academic commitments by corresponding to the academic calendar, the intern/student is less likely to be a true employee.
- Timing: The extent to which the internship’s duration is limited to the period during which the internship provides the intern with beneficial learning plays a factor.
- Work type: If the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern, the less likely they’re an employee.
- No promises: If the intern and the employer understand that the internship doesn’t mean the intern is entitled to a paid job at the end of the internship, there’s less of a chance the employer would have to pay the intern.
These factors help make up the “primary beneficiary test” that courts consider when issues arise between employers and summer interns/students. The more work a summer intern performs that benefits the employer, the greater the chance that the intern is an employee.
To complicate things, these factors are flexible, meaning employers can’t focus on a single factor. They must look at the unique circumstances of each internship to determine whether an intern is an employee under the FLSA.
If employers find that an intern is actually an employee, then they have to pay the intern both the minimum hourly wage and overtime pay that’s applicable under local, state, or federal law.
Key to remember: Employers have to look at multiple factors to figure out whether they have to pay summer interns or students who work for them.
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NewsDriver qualificationsTransportationMonthly Roundup VideoBusiness planning - Motor CarrierUSAEnglishBusiness planning - Motor CarrierIndustry NewsFleet SafetyDrivers qualification (DQ file)Business policies and procedures - Motor CarrierOperating AuthorityFleet OperationsFocus AreaVideo
Transportation Monthly Round Up - April 2026
In this April 2026 round up video, we'll review the most impactful transportation and safety news.
In this April 2026 round up, we will discuss an FMCSA update on Motus and an update to the Medical Examiner's Certification Integration final rule.
After years of development, the Federal Motor Carrier Safety Administration is moving motor carrier registration into Motus, its new USDOT Registration System. During the last week of April, FMCSA mailed about 2.2 million letters to USDOT number owners to flag the change and to urge companies to take preparatory steps now.
The message is simple. Motus is coming in 2026, and the smoothest transition will belong to registrants who clean up their Portal access and company record before the switch happens.
FMCSA has asked companies to complete these Portal steps by May 14, 2026.
- Ensure the FMCSA Portal account is active, since inactive accounts can be disabled after prolonged non-use.
- Confirm the correct Portal Company Official is listed. FMCSA has indicated that this role, using the same Login.gov email, will be required to claim the company account in Motus.
- Review and update company information through the Portal by submitting a biennial update, so Motus can populate the new account with accurate data.
The FMCSA announced a temporary exemption allowing interstate commercial driver’s license and permit holders to continue relying on a paper copy of the medical examiner’s certificate as proof of a driver’s medical certification for up to 60 days after the date the certificate was issued.
The purpose of the exemption to make sure drivers aren't penalized for delays outside of their control, since five states still have yet to implement the Medical Examiner's Certification Integration final rule. This exemption went into effect April 11, 2026 and will continue until October 11, 2026.
The only state that isn’t expected to comply with the exemption date is Alaska.
That’s it for this month’s round up. Stay safe, and thanks for watching.
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NewsVideoTransportationDangerous Goods Markings, Placards, and LabelsDangerous Goods Markings, Placards, and LabelsUSAEnglishEnforcement - DOTCMV InspectionsIndustry NewsFleet SafetyFines and penalties - Motor CarrierDaily vehicle inspectionsFleet OperationsFocus AreaMonthly Roundup Video
Transportation Monthly Round Up - March 2026
In this March 2026 round up video, we'll review the most impactful transportation and safety news.
In this March 2026 round up, we will discuss an FMCSA security update, the CVSA International Roadcheck 2026, and PHMSA’s HM 215R proposal.
The Federal Motor Carrier Safety Administration (FMCSA) has warned the public not to sell, purchase, or lease a USDOT Number or Operating Authority outside of a valid corporate transaction.
When the agency discovers non-legitimate attempts to sell, purchase, or lease such numbers, it will take action to inactivate and revoke both the number and all related registrations. This includes the required safety registrations and any required operating authority.
Ultimately, failing to follow the rules and lease, purchase, or sell a USDOT or MC Number outside of a legitimate and valid corporate transaction will lead to inactivation of the Number and all related registrations. Make sure all your transactions are lawful and authorized to avoid consequences.
International Roadcheck 2026 is right around the corner, taking place in early May this year. This annual 3-day vehicle inspection event is designed to educate and spread awareness about motor vehicle safety. Roadcheck is scheduled for May 12-14, 2026, so make sure your team and operations are ready.
Inspectors will perform as many Level I inspections as possible. This is a complete inspection of the driver and vehicle. Unsuccessful inspections could result in a vehicle or driver being placed out of service until the violation is resolved.
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued its proposed HM 215R rule to update the Hazardous Materials Regulations (HMR) and better align them with current international dangerous goods standards. Published on February 10, 2026, the proposal is open for public comment through April 13, 2026.
The rule is part of PHMSA’s ongoing effort to harmonize U.S. hazmat requirements with international regulations. The proposal includes a wide range of changes affecting hazard classification, proper shipping names, packaging, and modal requirements. Among the more significant updates are revisions to the Hazardous Materials Table, including the addition of new entries, removal of outdated listings, and updates to hazard classes and packing groups.
Stakeholders are encouraged to review the proposal and submit comments through the Department of Transportation’s docket system before the comment period closes.
That’s it for this month’s round up. Stay safe, and thanks for watching
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2026-06-01T05:00:00Z
NewsIndustry NewsFleet SafetyDriver qualificationsDrivers qualification (DQ file)Driver qualification and hiringFocus AreaIn-Depth ArticleEnglishTransportationUSA
Driver qualification FAQs: Avoiding common compliance pitfalls
Managing driver qualification (DQ) files is a critical part of any motor carrier’s compliance program. While most trucking professionals understand the core requirements of maintaining DQ files, there are other safety aspects that come into play. Applying DQ file rules inconsistently in day-to-day operations can raise questions and open the door for an audit. When real-world situations don’t fit neatly into the regulations, carriers increase risk exposure.
Across the transport industry, a few questions consistently rise to the top. Here are some of the most common carrier questions, along with practical answers.
What is a commercial motor vehicle (CMV)?
The definition of a CMV comes straight from 49 CFR 390.5. At a high level, a CMV is a vehicle used in interstate commerce that:
- Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW) of 10,001 pounds or more, whichever is greater;
- Transports passengers above specific thresholds; or
- Requires placarding for hazardous materials.
Motor carriers often run into trouble with the weight threshold, especially when trailers are involved.
For example, a pickup with a GVWR – and actual weight – of 7,500 pounds isn’t a CMV on its own. But if a driver attaches a trailer with a GVWR of 3,000 pounds, the combined weight rating exceeds 10,001 pounds. At that point, the vehicle meets the CMV definition, and a driver becomes subject to the Federal Motor Carrier Safety Regulations.
What if a commercial driver only operates in intrastate transport?
Intrastate transportation requirements are set at the state level. Definitions of a CMV can vary, adding to the complexity. Some states follow the 10,001-pound federal threshold, while others align more closely with the 26,001-pound commercial driver’s license (CDL) standard — or fall somewhere in between.
Because of that, there’s no one-size-sits-all answer.
From a practical standpoint, many carriers adopt a consistent approach and qualify all drivers at the 10,001-pound threshold. That approach creates uniformity and helps prevent compliance gaps as operations evolve or expand across state lines.
What if a CDL driver’s medical card doesn’t appear on the motor vehicle record (MVR)?
The Federal Motor Carrier Safety Administration currently allows CDL drivers to carry a medical certificate for up to 60 days via an exemption issued through October 11, 2026. Carriers should still verify that certification appears on the MVR promptly.
In most cases, it shows up within a few days. If it doesn’t appear within about 5 days, motor carriers should:
- Check with the medical examiner for validation errors (often caused by mismatched driver data);
- If necessary, have the examiner resubmit the results to the National Registry; or
- Contact the state licensing agency to locate the record. When calling the state, carriers should ask to speak with someone in the CDL department directly.
Most issues should be resolved when taking these steps.
Must a carrier give a CDL driver a road test?
Not always. A valid CDL can be accepted in place of a road test.
However, if the driver will operate equipment requiring a tanker, double, or triple endorsement, a road test will be required.
Even when not mandated, many carriers conduct road tests as a risk-management practice. It’s one of the few opportunities to confirm a driver can safely operate the specific equipment they’ll be assigned.
Must a driver be re-examined after an injury or illness?
Under 49 CFR 391.45(b), if a driver’s ability to perform normal duties is impaired by a medical condition, they must be re-evaluated and medically certified before returning to duty.
This includes conditions like heart attacks, seizures, or anything else that could affect safe operation.
If a carrier is aware of a potential issue, they have an obligation to act. Allowing a driver to continue operating without re-evaluation creates significant risk exposure.
Key to remember: Consistency in how you apply DQ requirements day to day is what ultimately keeps your program compliant and your risk in check.
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.