FMCSA extends comment period on speed-limiter proposal

First published by Safety+Health an NSC publication

orange-semi.jpg

Photo: Missouri Department of Transportation Flickr

Washington — Responding to stakeholder requests, the Federal Motor Carrier Safety Administration (FMCSA) has extended until July 18 the comment period on a proposed rule that would require the installation of speed-limiting devices on trucks, buses and multipurpose passenger vehicles weighing more than 26,000 pounds.

As outlined in a notice published in the May 27 Federal Register, the extension provides interested parties additional time to submit responses. The initial deadline was June 3.

FMCSA, in the May 4 Federal Register, published an advance notice of supplemental proposed rulemaking that expands on a 2016 joint proposal from the National Highway Traffic Safety Administration and FMCSA. The latter is the sole agency listed on the proposal, which doesn’t specify a top speed. The 2016 proposed rule suggested capping speeds at 60, 65 or 68 mph.

FMCSA offers multiple questions on which stakeholders may comment, including:

  • What percentage of the commercial motor vehicle fleet uses speed-limiting devices?
  • If in use, at what maximum speed are the devices generally set?
  • What training or skill sets are needed for motor carriers’ maintenance personnel to adjust or program electronic engine control units to set speed limits?
  • What equipment or tools are needed to adjust or program/reprogram ECUs? How long would the process take, and where can it be completed?
  • Since publication of the notice of proposed rulemaking in 2016, how has standard practice or technology changed as it relates to the ability to set speed limits using ECUs?
    FMCSA extended comment period on speed-limiting

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

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CVSA Releases Results from 2022 Human Trafficking Awareness Initiative

First published by CVSA

DOT's Counter-Trafficking Initiative

Photo: U.S. Department of Transportation

This year, the Commercial Vehicle Safety Alliance (CVSA) launched its new annual three-day Human Trafficking Awareness Initiative. All three of the Alliance’s member countries – Canada, Mexico and the U.S. – participated in this awareness and outreach effort to educate commercial motor vehicle drivers, motor carriers, law enforcement officers and the general public about human trafficking.

Taking into consideration each country’s existing human trafficking awareness dates, CVSA’s Human Trafficking Awareness Initiative was set for different dates in each country. In the U.S., the three-day initiative took place Jan. 11-13. In Canada, it took place Feb. 22-24. And in Mexico, it was March 15-17.

CVSA jurisdictions recorded human trafficking awareness and outreach data and submitted that data to the Alliance. For the 2022 North America-wide Human Trafficking Awareness Initiative:

  • 35 jurisdictions participated.
  • 2,460 individual law enforcement officers/troopers/inspectors participated.
  • There were 163 reported events (possible indicators of human trafficking or documented cases).
  • 13,274 wallet cards were distributed.
  • 6,355 window decals were distributed.
  • 1,818 presentations were delivered.
  • There were 640 media contacts.

The United Nations defines human trafficking as the recruitment, transportation, transfer, harboring or receipt of people through force, fraud or deception with the aim of exploiting them for profit. Men, women and children of all ages and from all backgrounds can become victims of this crime, which occurs in every region of the world, including North America. Human traffickers often use violence or fraudulent employment agencies and fake promises of education and job opportunities to trick and coerce their victims.

After a successful launch year and input from jurisdictions during the CVSA Human Trafficking Prevention program committee meeting at the CVSA Workshop, the CVSA Board of Directors voted to extend the initiative from three days to five days next year. Next year’s Human Trafficking Awareness Initiative is scheduled for Jan. 9-13, 2023, in the U.S.; Feb. 20-24, 2023, in Canada; and March 13-17, 2023, in Mexico.

“The fight to end human trafficking does not end now that the three-day Human Trafficking Awareness Initiative has concluded,” said CVSA President Capt. John Broers with the South Dakota Highway Patrol. “We remain fully committed to educating the public, every day of the year, about the crime of human trafficking, the signs to look for and what to do if you suspect someone is being trafficked. Our ultimate goal is to eradicate human trafficking entirely.”

Truckers Against Trucking (TAT) collaborated with CVSA on the launch of the human trafficking education and awareness campaign. Training materials were developed and available for industry and law enforcement use. In addition, CVSA worked with TAT to provide an online order form for jurisdiction members to order TAT wallet cards and/or window decals, which are now available year-round.

To find out what your local jurisdiction is doing to increase human trafficking awareness throughout the year, contact the agency/department responsible for overseeing commercial motor vehicle safety within your state, province or territory.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

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FMCSA Declares Pennsylvania-Licensed Driver an Imminent Hazard to Public Safety

First published by FMCSA

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Pennsylvania-licensed commercial vehicle driver Eric G. Burke to be an “imminent hazard” to public safety and ordered him to immediately cease operating any commercial motor vehicle (“CMV”) in interstate commerce.  Mr. Burke was served the Federal order on May 13, 2022.

On May 18, 2020, Mr. Burke submitted to a pre-employment control substance test while seeking employment with Lentzcaping, Inc. On May 29, 2020, the Medical Review Officer notified Mr. Burke that his test results had been verified as positive for Marijuana Metabolites and that he was prohibited from operating CMVs.  Mr. Burke was also referred to a Substance Abuse Professional (SAP) for evaluation, education, and treatment pursuant to 49 CFR Part 40.  Mr. Burke ignored the prohibition on his operation of CMVs and the requirement to undergo a SAP evaluation, and instead continued to drive in interstate commerce.  On one of these trips, he was placed out-of-service for possession of alcohol while operating a CMV; on another trip, he was placed out-of-service for possession of marijuana after a single-vehicle CMV crash.

Mr. Burke is now listed as prohibited in FMCSA’s Drug and Alcohol Clearinghouse.

FMCSA’s imminent hazard order states that Mr. Burke “failed to exercise an appropriate duty of care to the motoring public while operating a CMV. Specifically, you ignored FMCSRs relating to alcohol and controlled substances use and possession, medical certification, and the safe operation of a CMV. These violations and blatant disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to you and the motoring public if not discontinued immediately.”

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $2,072.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Eric G. Burke is available here.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

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International Roadcheck

First published by CVSA

Today is the first day of International Roadcheck, the Commercial Vehicle Safety Alliance’s (CVSA) three-day commercial motor vehicle and driver inspection and compliance enforcement initiative. Certified inspectors in Canada, Mexico and the U.S. will conduct inspections of commercial motor vehicles and drivers over a 72-hour period. Drivers or vehicles with out-of-service violations will be prohibited from continuing their trip until the violations are resolved.

International Roadcheck started in 1988 and is a high-volume, high-visibility commercial motor vehicle inspection and enforcement initiative spotlighting the hard work and commitment to safety of certified inspectors, commercial motor vehicle drivers and motor carriers. Since International Roadcheck’s start, more than 1.8 million commercial motor vehicles have been inspected.

Each year, CVSA highlights a certain aspect of the roadside inspection. This year, the  will be on wheel ends. Violations involving wheel end components historically account for about one quarter of the vehicle out-of-service violations discovered during International Roadcheck, and past International Roadcheck data routinely found wheel end components in the top 10 of vehicle violations.

“Inspectors throughout North America will be at inspection and weigh stations, at temporary pop-up inspection sites, and patrolling our roadways during the three days of International Roadcheck as well as every other day of the year,” said CVSA President Capt. John Broers with the South Dakota Highway Patrol. “CVSA-certified inspectors will inspect commercial motor vehicles and their drivers to ensure large trucks and motorcoaches and the trained professionals who drive them are operating safely and are in full compliance with federal regulations.”

During International Roadcheck, inspectors will primarily conduct a , which is a thorough 37-step procedure to check the driver’s operating credentials and requirements and the vehicle’s mechanical fitness and regulatory compliance.

For the driver portion of an inspection, inspectors check the driver’s operating credentials, hours-of-service recording device/documentation and seat belt usage. Inspectors will also be on the lookout for alcohol and/or drug impairment. A driver will be placed out of service if an inspector discovers driver-related out-of-service conditions.

For the  of a Level I Inspection, inspectors will check the vehicle’s brake systems, cargo securement, coupling devices, driveline/driveshaft components, driver’s seat, exhaust systems, frames, fuel systems, lighting devices, steering mechanisms, suspensions, tires, van and open-top trailer bodies, wheels, rims, hubs and windshield wipers. Inspections of motorcoaches, passenger vans and other passenger-carrying vehicles also include emergency exits, electrical cables and systems in the engine and battery compartments, and seating. Vehicles with violations that meet the out-of-service criteria will be placed out of service until the violations are corrected.

Vehicles that successfully pass a Level I or Level V Inspection without any critical vehicle inspection item violations may receive a . In general, vehicles with a CVSA decal are not  during the three-month period during which the decal is valid. Instead, inspectors will focus their efforts on vehicles without a valid CVSA decal.

Instead of a Level I Inspection, inspectors may conduct a Level II Walk-Around Driver/Vehicle Inspection, Level III Driver/Credential/Administrative Inspection or Level V Vehicle-Only Inspection. Level I and V Inspections are the only inspections that may result in a CVSA decal.

 is a CVSA program with participation by the U.S. Federal Motor Carrier Safety Administration, the Canadian Council of Motor Transport Administrators, Transport Canada, and Mexico’s Ministry of Infrastructure, Communications and Transportation and the National Guard.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA renews proposal for speed limiters on large trucks and buses

First published by Safety+Health an NSC publication
orange-semi.jpg

Photo: Missouri Department of Transportation Flickr

Washington — The Federal Motor Carrier Safety Administration is moving forward with – and seeking comment on – a proposed rule that would require the installation of speed-limiting devices on trucks, buses and multipurpose passenger vehicles weighing more than 26,000 pounds.

According to an advance notice of supplemental proposed rulemaking published in the May 4 Federal Register, the proposal expands upon a 2016 joint proposal from the National Highway Traffic Safety Administration and FMCSA. The latter is the sole agency listed on the proposed rule, which doesn’t specify a top speed. The 2016 proposed rule suggested capping speeds at 60, 65 or 68 mph.

FMCSA offers a number of questions on which stakeholders may comment, including:

  • What percentage of the commercial motor vehicle fleet uses speed-limiting devices?
  • If in use, at what maximum speed are the devices generally set?
  • What training or skill sets are needed for motor carriers’ maintenance personnel to adjust or program electronic engine control units to set speed limits?
  • What equipment or tools are needed to adjust or program/reprogram ECUs? How long would the process take, and where can it be completed?
  • Since publication of the notice of proposed rulemaking in 2016, how has standard practice or technology changed as it relates to the ability to set speed limits using ECUs?

The American Trucking Association backs the proposed rule.

“ATA is pleased that the Federal Motor Carrier Safety Administration is pursuing a constructive, data-driven approach to the issue of truck speed limiters in its latest proposal,” ATA President and CEO Chris Spear said in a press release. “We intend to thoroughly review FMCSA’s proposal, and we look forward to working with the agency to shape a final rule that is consistent with our policy supporting the use of speed limiters in conjunction with numerous other safety technologies.”

Citing data from NHTSA’s Fatality Analysis Reporting System showing that fatal large-truck crashes involving speeding climbed around 50% from 2009 to 2019, the safety advocacy group Citizens for Reliable and Safe Highways said the rule “has the potential to save hundreds of lives every year.”

In May 2021, Reps. Lucy McBath (D-GA) and John Katko (R-NY) introduced legislation (H.R. 3523) that would require the transportation secretary to mandate speed-limiting technology in large CMVs while capping their speed at 65 mph – or 70 mph for vehicles equipped with adaptive cruise control and automatic emergency braking. The bill hasn’t advanced past the House.

The Owner-Operator Independent Drivers Association, meanwhile, contends that the bill will negatively impact safety.

“Studies and research have already proven what we were all taught long ago in driver’s ed classes, that traffic is safest when vehicles all travel at the same relative speed,” OOIDA President and CEO Todd Spencer said in a press release. “Limiting trucks to speeds below the flow of traffic increases interactions between vehicles, which can lead to more crashes.”

Comments are due June 3.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA Declares Motor Carrier to be an Imminent Hazard to Public Safety

First published by FMCSA Hazard to Public Safety

WASHINGTON – The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has declared Jaypur Logistics LLC, USDOT No. 3150073, a motor carrier located in the Houston, Texas area, to be an “imminent hazard” to public safety and ordered the motor carrier to immediately cease all interstate and intrastate operations.  The motor carrier was served the Federal order on May 7, 2022.

FMCSA identified Jaypur Logistics for investigation based on the carrier’s widespread violations documented by FMCSA and its partners during roadside inspections.  Jaypur Logistics had almost double the national average vehicle out-of-service rate and over five times the national average driver out-of-service rate.  The FMCSA review of Jaypur Logistics found the motor carrier to be egregiously noncompliant with multiple Federal safety regulations, including: Controlled Substances and Alcohol Use and Testing (49 CFR Part 382); Commercial Driver’s License Standards (49 CFR Part 383); Driver Qualification (49 CFR Part 391); Unsafe Driving (49 CFR Part 392); Hours of Service of Drivers (49 CFR Part 395); and vehicle Inspection, Repair, and Maintenance (49 CFR Part 396).

During FMCSA’s investigation, Jaypur Logistics demonstrated a severe lack of oversight of its operations.  It could only identify a fraction of the drivers and vehicles operating under its authority and was not even aware its drivers had hauled hazardous materials.  Jaypur Logistics failed to ensure its drivers were eligible to drive, allowing six drivers who were already prohibited in the FMCSA’s Drug and Alcohol Clearinghouse to operate on its behalf.  Twice Jaypur Logistics’ drivers have been cited for operating under the influence and three times its drivers have been cited for on-duty possession of drugs or alcohol.  Jaypur Logistics did not have a program to detect and deter the use of controlled substances by its drivers, did not have an effective program to ensure its drivers were qualified and licensed, did not have a program to control its drivers’ hours of service, and did not have a program to ensure its vehicles were appropriately inspected and repaired.

FMCSA’s imminent hazard out-of-service order states that Jaypur Logistics’  “…complete and utter disregard for the [federal safety regulations] substantially increases the likelihood of serious injury or death for your drivers and the motoring public if your operations are not discontinued immediately.”

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $29,893 for each violation.  Jaypur Logistics LLC may also be assessed civil penalties of not less than $11,956 for providing transportation in interstate commerce without operating authority registration, and up to $16,864 for operating a CMV in interstate commerce without USDOT Number registration.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Jaypur Logistics is available here.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

Lawmakers push DOT to update female crash test dummies

First published by Safety+Health an NSC publication
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Photo: National Highway Traffic Safety Administration

Washington — Concerned by what it calls “an often-overlooked inequity in the area of vehicle safety,” a coalition of House members is asking the Department of Transportation to require the use of “accurate, up-to-date” female crash test dummies in vehicle safety testing.

Rep. Brenda Lawrence (D-MI) and 65 other lawmakers sent a letter to Transportation Secretary Pete Buttigieg. In it, they urge DOT to protect female drivers by directing the National Highway Traffic Safety Administration to use test dummies that are more representative of the average woman in the United States as part of NHTSA’s New Car Assessment Program and in determining Federal Motor Vehicle Safety Standards.

The lawmakers cite recent research and NHTSA statistics showing that females make up more than half of licensed drivers nationwide. In 2019, 10,420 females died in motor vehicle-related crashes and a million more were injured.

Separate studies also show that buckled-up females are 73% more likely to be severely injured in frontal crashes and, overall, are 17% more likely to die in a crash.

These statistics “are in part attributable to the absence of (more accurate) female crash test dummies in the current crash test system,” the letter states. New requirements “would advance gender equity in auto safety regulations and save lives.”

NHTSA’s current female crash test dummies represent the fifth percentile of women in the 1970s, measuring 4 feet, 11 inches tall and weighing 108 pounds. The Centers for Disease Control and Prevention says today’s average U.S. woman stands 5 feet, 3.5 inches tall and weighs 170.8 pounds.

Stanford University researchers say the dummies “are only scaled-down versions of the standard, mid-sized male” and fail to accurately reflect female geometry, muscle and ligament strength, spinal alignment, and dynamic responses to trauma.

The lawmakers also want female and male dummies used for testing in both driver and passenger seats. According to a press release from Lawrence’s office, the New Car Assessment Program’s five-star safety ratings don’t mandate testing for a female, driver’s-side dummy.

VERITY (Vehicle Equity Rules in Transportation) NOW, an advocacy group, is leading a campaign that encourages stakeholders to tweet at Buttigieg and call for action. “It is simply unacceptable that women suffer because NHTSA’s five-star safety rating program is still based on a 1970s stereotype that women don’t drive, ” VERITY NOW Co-Chair Susan Molinari said in the release.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA Declares Pennsylvania-Licensed Driver an Imminent Hazard to Public Safety

First published by FMCSA

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Pennsylvania-licensed commercial vehicle driver Elwood M. Roberson to be an “imminent hazard” to public safety and ordered him to immediately cease operating any commercial motor vehicle (“CMV”) in interstate commerce.  Mr. Roberson was served the Federal order on April 25, 2022.

On February 11, 2022, Mr. Roberson was operating a CMV transporting propane, a hazardous material, on River Road in Manor Township, Pennsylvania.  Mr. Roberson crossed the center line of the road and side-swiped an on-coming vehicle.  Mr. Roberson was taken into custody and administered a blood alcohol test by the Manor Township Police Department.  Mr. Roberson’s blood alcohol content was 0.21, more than five times the 0.04 legal limit for CMV drivers.  Under the Federal Motor Carrier Safety Regulations (FMCSRs), drivers with a commercial driver’s license (CDL) are subject to a variety of prohibitions on use of alcohol prior to and while driving CMVs, including a prohibition on using any alcohol within four hours of driving and a prohibition on driving with an alcohol concentration of .04 or greater.

Mr. Roberson is now listed as prohibited in FMCSA’s Drug and Alcohol Clearinghouse and faces possible criminal charges in Pennsylvania.

FMCSA’s imminent hazard order states that Mr. Roberson “failed to exercise an appropriate duty of care to the motoring public while operating a CMV that was transporting propane, a hazardous material. Specifically, [he] ignored FMCSRs relating to alcohol use and the safe operation of a CMV. These violations and blatant disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to [him] and the motoring public if not discontinued immediately.”

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $2,072.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Elwood M. Roberson is available here.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

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FMCSA Announces Call for Applications for the Truck Leasing Task Force

First published by FMCSA

FMCSA Applications Truck Leasing Task ForceWashington, D.C. – Today, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced the opening of applications for the Truck Leasing Task Force (TLTF), in consultation with the U.S. Department of Labor. The Task Force is an initiative mandated by the Bipartisan Infrastructure Law and a long-term effort of the Trucking Action Plan. As part of the Plan’s initiatives, the TLTF will evaluate the impacts of commercial motor vehicle (CMV) lease agreements and discuss best practices for future agreements.

“The Truck Leasing Task Force represents one of the important actions the Administration is taking to improve the trucking industry,” said U.S. Transportation Secretary Pete Buttigieg. “America’s truck drivers need and deserve fair leasing agreements, and this work will help ensure that leasing is above board.”

“The Task Force will be instrumental in expanding our understanding of the financial impacts of truck leasing and will reinforce our commitment to quality of life and safety for professional truck drivers,” said FMCSA Acting Administrator Robin Hutcheson. “We ask those who are interested in joining to reach out so we can better support CMV drivers together.”

TLTF will cover many areas related to truck leasing arrangements, including:

  • Exploring predatory truck leasing arrangements in coordination with DOL and the Consumer Financial Protection Bureau
  • Evaluating common truck lease agreements and their terms, identifying and reviewing those that are potentially inequitable in the motor carrier industry
  • Reviewing agreements available to drayage drivers at ports
  • Studying the impact of truck leasing agreements on the net compensation of commercial motor vehicle drivers
  • Examining truck leasing arrangements and financing arrangements among motor carriers, entry-level drivers, driver training providers, and others involved in the industry
  • Assessing resources that assist CMV drivers in reviewing the financial impacts of leasing agreements

The Task Force will include a maximum of 10 members representing labor organizations, motor carriers, consumer protection groups, legal professionals, owner-operators, and other relevant businesses. TLTF will examine the above issues and submit a report to FMCSA and the U.S. Department of Labor.

TLTF’s charter runs through February 11, 2024. FMCSA encourages diverse, non-traditional representatives, especially women and people of color, to apply to serve on the task force. To apply, please visit www.fmcsa.dot.gov/tltf. The application period is open through Friday, May 6, 2022.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

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FMCSA Concludes National Household Goods Top 100 Compliance Operation

First published by FMCSA

With a significant increase in the volume of household good (HHG) complaints, the Federal Motor Carrier Safety Administration (FMCSA) has concluded a national investigation of the Top 100 carriers identified in the National Consumer Complaint Database (NCCDB).  Between 2020 and 2021, complaints to FMCSA’s NCCDB increased from 4,340 to 8,295. The special operation was conducted between February 7th and February 28th, 2022 in 16 states and resulted in 586 consumer complaints being closed and enforcement action taken on 63% of the carriers investigated.

FMCSA takes its responsibilities very seriously to help protect consumers who utilize the services of the moving industry. The FMCSA developed the www.protectyourmove.gov website to educate consumers on their rights and responsibilities relating to contracting with a prospective moving company.  If you need to file a complaint against a company regulated by FMCSA, visit the NCCDB at https://nccdb.fmcsa.dot.gov


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

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