Focus Areas
Aviation
Jason provides guidance on various aviation issues, including aircraft transactions and leases, regulation of commercial operators, UAS (drone) regulation, aircraft certification and maintenance rules, airport regulation and grant assurances, certificates of authorization or waiver, truth-in-leasing rules, passenger facility charges, the application of part 91 to large and turbine-powered aircraft, route authority proceedings, aircraft charter rules, regulation of air charter brokers, cargo transportation exemptions, and cargo liability under the Montreal Convention and Warsaw Convention. Specific examples of his work include:
- Provided guidance on letters of intent, aircraft purchase agreements, and aircraft closings to multiple sellers and purchasers of various aircraft types, including corporate jets, airliners, and small aircraft.
- Provided strategic advice on the use of aircraft holding companies along with dry leases and other mechanisms to avoid commercial operator status
- Counseled U.S. air carrier on impact of preferential access on application for passenger facility charge
- Assisted a large electric utility with obtaining one of the first waivers allowing commercial UAS (drone) operations
- Advised parts manufacturer on part-marking and authority requirements
- Advised repair station on scope of repair authority, including use of subcontractors to fabricate parts
- Developed strategy for challenging foreign air carrier schedules under 14 CFR Part 213
- Represented U.S. flag carrier in route proceedings before the U.S. Department of Transportation
- Provided guidance on airman licenses required to pilot aircraft in the course of non-aviation-related employment, receive reimbursement for aircraft operations, and carry multiple employees on business travel
Hazardous Materials
Jason advises on a wide array of issues involving the shipments of hazardous materials and waste, including compliance with the Hazardous Materials Regulations (HMR), IMDG Code, and ICAO Technical Instructions as they apply to international and domestic air, truck, rail, and ocean vessel shipments and the manufacturing and maintenance of packagings for hazardous-material shipments. Examples of his work include:
- Represented retailers and chemical manufacturers in enforcement actions by various U.S. DOT agencies regarding non-compliance with rules for shipments of aerosols, paint, and chemicals and for securement of tank cars
- Advised automotive parts manufacturer and retailer of ammunition and explosives on strategies for shipping hazardous materials that reduce compliance burdens under HMR
- Advised manufacturer of motorized warehousing equipment, e-commerce fulfillment company, and large manufacturer of power tools on requirements for shipments of lithium batteries
- Represented seller of lithium-battery-operated reefer containers in obtaining unique Special Permit from PHMSA that provides various exemptions from lithium-battery shipping requirements
- Supported manufacturer of tank car components in successfully appealing a decision by the Association of American Railroads to revoke the manufacturer’s certification to assemble and manufacture equipment
- Obtained PHMSA approvals for shipments of explosives and certain chemicals
Ocean Transportation
Jason’s advice on ocean transportation matters has covered ocean transportation contracts, including service contracts for containerized shipments, NVOCC negotiated rate arrangements, NVOCC service arrangements, voyage charters, project cargo agreements, and tow agreements; unreasonable practices of ocean carriers and ocean transportation intermediaries; and cargo liability under the U.S. Carriage of Goods by Sea Act, the Harter Act, the Hague-Visby Rules, and the Rotterdam Rules. Representative examples of Jason’s work include:
- Petitioned the FMC on behalf of a coalition of shippers, dray carriers, and ocean transportation intermediaries for an interpretive rule addressing unreasonable demurrage and detention practices of ocean carriers when port congestion or other disruptions prevent the timely pick up of cargo or return of containers, which led to the FMC issuing a ground-breaking interpretive rule providing guidance on this issue
- Prepared comments on behalf of the shipper trade associations on various FMC regulatory activities, including reforms to contracting rules, changes to requirements of ocean transportation intermediaries, and an inquiry into the impacts of slow steaming
- Conducted due diligence reviews on behalf of purchasers of ocean transportation intermediaries and marine terminal operators for compliance with FMC regulations
- Advised beneficial cargo owners on ocean carrier’s right to withhold delivery of their cargo due to a lien for freight charges or general average and salvage or pending a letter of indemnity where the bill of lading or sea waybill was lost
- Advised importer and auto manufacturer on its full portfolio of ocean transportation contracts, including providing negotiation support during annual contracting process and recommending template modifications to reflect market changes and commercial needs
Rail Transportation
Jason’s rail practice involves rail economic and safety matters, including competitive access; railroad common-carrier obligation; rate reasonableness; unreasonable practices; carrier duties to provide railcars; construction, abandonment, and change in control of rail lines; railbanking and trail use; preemption of state law; the plant railroad exception to safety regulation; track standards; grade-crossing safety; positive train control; railcar safety standards, and cargo liability under the Carmack Amendment. Examples of his work include:
- Represented plastic and chemical manufacturers in some of the largest and most complex rate cases before the Surface Transportation Board
- Represented shippers who use tank cars in challenging railroad charges for empty tank-car movements
- Advocated on behalf of shippers and trade associations representing the chemical, fertilizer, and agricultural industries for changes to STB rules or guidance related to railroad reporting of service performance, demurrage and storage rules and practices, and access to rate review
- Advised plastics manufacturer on strategy for accessing service from a rail carrier that does not have track directly serving its facility
- Advised waste disposal company on federal preemption of local zoning and siting permit requirements for a facility that would handle transfers of waste containers from rail to truck
- Advised chemical manufacturer on rail-regulatory issues involved in a $310 million deal to transfer its rail infrastructure to a rail operator
- Advised large auto manufacturer on its full portfolio of rail contracts, which included contracts with all Class I railroads, railcar pooling matters, volume commitments, and cross-border transportation involving Canada, Mexico, and the United States
Truck Transportation
Jason advises clients on various trucking matters, including contracts with brokers and motor carriers, authority requirements for brokers and motor carriers, financial responsibility requirements, safety fitness and ratings, hours of service of drivers, driver qualification, truth-in-leasing requirements, cargo loss and damage issues under the Carmack Amendment, and federal preemption. Examples of his work include:
- Acted as a direct advisor to an auto manufacturer’s global logistics purchasing team on its full portfolio of logistics contracts, including less-than-truckload (LTL), truckload, dedicated, haulaway, heavy-haul, and expedited trucking agreements, broker agreements, and cross-docking agreements
- Advised 3PLs on compliance obligations under MAP-21 and the Federal Motor Carrier Safety Regulations, including operating authority and financial responsibility requirements
- Provided guidance to shippers on selecting motor carriers with reference to their CSA Behavioral Analysis and Safety Improvement Category (BASIC) performance
- Represented shippers in responding to collections claims where the carrier alleges it was not paid by an intermediary
- Counseled businesses on rules pertaining to their commercial motor vehicle (CMV) operations, including driver licensing requirements, hours of service rules, drug and alcohol testing, and recordkeeping requirements
Automotive Safety
Jason advises clients on NHTSA’s defect reporting and remediation requirements, Federal Motor Vehicle Safety Standards (FMVSSs), and exemptions from FMVSSs. Examples of his work include:
- Advised equipment manufacturers on identifying safety defects and conducting recalls of products containing safety defects
- Petitioned NHTSA on behalf of auto manufacturer for exemption from various FMVSSs for a low-speed, all-electric vehicle that is fully homologated in foreign jurisdictions
- Advised auto manufacturer on potential criteria for obtaining FMVSS exemptions for fully autonomous vehicle without traditional driving controls and obtaining state permits to operate these vehicles
- “Key Steps to Protecting Supply Chains Amid East and Gulf Coast Port Strikes,” Thompson Hine Transportation Update, September 2024
- “NHTSA Extends Manufacturer Record Retention to 10 Years,” Thompson Hine Automotive & Mobility Update, August 2024
- “NHTSA Seeks Comments on Reaffirmed Airbag Inflator Recall Decision,” Thompson Hine Transportation Update, August 2024
- “Surface Transportation Board Adopts New Reciprocal Switching Rules to Address Inadequate Rail Service,” Thompson Hine Transportation Update, May 2024
- “FMC Issues Final Rule on Billing Requirements and Practices for Detention and Demurrage Invoices,” Thompson Hine Transportation Update, March 2024
- “STB Proposes to Improve Shipper Access to Reciprocal Switching to Address Inadequate Rail Service,” Thompson Hine Transportation Update, September 2023
- “Congress Takes Action on Rail Safety Following East Palestine Derailment,” Thompson Hine Transportation Update, March 2023
- “STB Denies Stay of Arbitration Program Opt-In Requirement; Permits Filing of New Petitions for Stay,” Thompson Hine Transportation Update, February 2023
- “STB Adopts New Processes to Make Rail Rate Relief More Accessible to Shippers,” Thompson Hine Transportation Update, January 2023
- “FMC Proposes Rule to Define Ocean Carrier ‘Unreasonable Refusals to Deal or Negotiate Vessel Space Accommodations,’” Thompson Hine Transportation Update, October 2022
- “FMC Takes Actions to Implement OSRA 2022,” Thompson Hine Transportation Update, August 2022
- “Supreme Court Declines Review of Trucking Industry Challenge to California AB-5,” Thompson Hine Transportation Update, July 2022
- “Ocean Shipping Reform Act Addresses Supply Chain Challenges and Carrier Shipping Practices,” Thompson Hine Transportation Update, June 2022
- “FMCSA Requests Comments on Broker and Bona Fide Agents Definitions,” Thompson Hine Transportation Update, June 2022
- “STB Proposes to Amend Its Emergency Service Regulations,” Thompson Hine Transportation Update, May 2022
- “FMC Seeks Comments on Establishing Demurrage and Detention Charge Billing Requirements,” Thompson Hine Transportation Update, February 2022
- “FMC Issues Policy Statements on Private Party Complaints, Including Retaliation Concerns,” Thompson Hine Transportation Update, January 2022
- “The STB Denies CN Voting Trust,” Thompson Hine Transportation Update, September 2021
- “FMC To Audit Ocean Carrier Demurrage and Detention Practices,” Thompson Hine Transportation Update, July 2021
- “Executive Order Targets Rail, Ocean and Air Transportation Competition and Unreasonable Practices,” Thompson Hine Transportation Update, July 2021
- “STB Adopts New Demurrage Billing Rules,” Thompson Hine Transportation Update, April 2021
- “CP and KCS Submit Merger Prefiling Notification and Proposed Procedural Schedule,” Thompson Hine Transportation Update, March 2021
- “Canadian Pacific and Kansas City Southern to Merge,” Thompson Hine Transportation Update, March 2021
- “CSX Applies for STB Approval to Acquire Pan Am Systems,” Thompson Hine Transportation Update, March 2021
- “FMC Proposes to Permit Service Contract Filings up to 30 Days After the Effective Date,” Thompson Hine Transportation Update, January 2021
- “FAA Allows Drone Operations Over People and at Night,” Thompson Hine Transportation Update, January 2021
- “FAA Issues Final Rule on Remote Drone Identification,” Thompson Hine Transportation Update, January 2021
- “STB Rulemaking Could Reduce Captive Rail Shipper Protections,” Thompson Hine Transportation Update, January 2021
- “Consolidated Appropriations Act, 2021: Implications for Business,” Thompson Hine COVID-19 Update, December 30, 2020
- “FMC Expands Investigation of Ocean Carrier Alliance Practices in U.S. Ports,” Thompson Hine Transportation Update, November 2020
- “FMC Extends Service Contract Exemption and Issues Ocean Carrier Billing Practice NOI,” Thompson Hine Transportation Update, October 2020
- “FMCSA Proposes New Driver Hours of Service and Age Limit Pilot Programs,” Thompson Hine Transportation Update, October 2020
- “Railroads Seek Changes in Revenue Adequacy Determinations,” Thompson Hine Transportation Update, September 2020
- “STB Issues Final Rule on Market Dominance Pleadings,” Thompson Hine Transportation Update, August 2020
- “What’s in the FAA’s Proposed Drone Remote Identification Rule,” The Journal of Robotics, Artificial Intelligence & Law, September-October 2020
- “STB Authorizes Ex Parte Communications in Final Offer Rate Review Proceeding,” Thompson Hine Transportation Update, May 2020
- “FMCSA Amends Its Driver Hours of Service Rules,” Thompson Hine Transportation Update, May 2020
- “STB Issues Demurrage Policy and Direct-Billing Rule; Proposes Billing Requirement Modifications,” Thompson Hine Transportation Update, May 2020
- “FMC Issues Final Guidance on Unreasonable Demurrage and Detention Practices to Improve Ocean Freight Fluidity,” Thompson Hine Transportation Update, April 2020
- “FMC to Address COVID-19 Port Congestion by Engaging Industry Stakeholders,” Thompson Hine COVID-19 Update, April 2020
- “FMCSA Temporarily Extends Commercial Drivers’ Licenses, Permits and Medical Certifications,” Thompson Hine COVID-19 Update, March 2020
- “CARES Act: Implications for Businesses,” Thompson Hine COVID-19 Update, March 28, 2020
- “Stay-at-Home Orders: Q&A for Businesses with Transportation Operations,” Thompson Hine COVID-19 Update, March 2020
- “FMCSA Expands Emergency Regulatory Relief for Truck Transportation of Essential Supplies, Equipment, and Persons,” Thompson Hine COVID-19 Update, March 2020
- “STB Addresses Application of Demurrage Regulation to Rail Transportation of Exempt Commodities and Boxcar Shipments,” Thompson Hine Transportation Update, March 2020
- “The Coronavirus Threatens U.S. Company Supply Chains – Practical Tips and Contract Considerations to Manage Risk,” Thompson Hine Transportation Update, February 2020
- “FMC Declines to Eliminate Service Contract Filing Requirements for Ocean Carriers,” Thompson Hine Transportation Update, January 2020
- “FAA Releases Long-Awaited Proposed Drone Remote Identification Rule,” Thompson Hine Transportation Update, January 2020
- “STB Acts on Concerns Over Unreasonable Rail Demurrage and Accessorial Rules and Charges,” Thompson Hine Transportation Update, October 2019
- “FMC Proposes Guidance Clarifying How It Will Assess Unreasonable Ocean Demurrage and Detention Practices,” Thompson Hine Transportation Update, September 2019
- “STB Proposes Rail Rate Review Reforms and Announces Revenue Adequacy Hearing,” Thompson Hine Transportation Update, September 2019
- “STB Declines to Address Safe Harbor for Railroad Fuel Surcharges,” Thompson Hine Transportation Update, September 2019
- “FMCSA Proposes Changes to Hours of Service Rules for Commercial Motor Vehicle Drivers,” Thompson Hine Transportation Update, September 2019
- “FMCSA Seeks Information on CMV Driver Detention Times During Loading and Unloading,” Thompson Hine Transportation Update, July 2019
- “STB Issues Notice of Public Hearing for Demurrage and Accessorial Charges,” Thompson Hine Transportation Update, April 2019
- “STB Announces Hearing on Railroad Demurrage and Accessorial Charges,” Thompson Hine Transportation Update, March 2019
- “DOT Issues New Rule for Air Transport of Lithium Batteries,” Thompson Hine Transportation Update, March 2019
- “FAA to Seek Comments on Measures to Address Drone Risks,” Thompson Hine Transportation Update, February 2019
- “FMC Issues Final Report on Demurrage and Detention Practices,” Thompson Hine Transportation Update, January 2019
- “FAA Proposes Rules Allowing Drone Flights Over People and at Night,” Thompson Hine Transportation Update, January 2019
- “Hazardous Materials Shippers May Benefit from Recent Regulatory Changes,” Thompson Hine Transportation Update, November 2018
- “FMC Seeks Comments on Petition for Exemption from Service Contract Filing Requirements,” Thompson Hine Transportation Update, September 2018
- “Recent Federal Maritime Commission Developments,” Thompson Hine Transportation Update, September 2018
- “FMCSA Seeks Comments on Changes to Hours of Service Rules,” Thompson Hine Transportation Update, August 2018
- “FMC Amends NVOCC Negotiated Rate Arrangements and Service Arrangements Rules,” Thompson Hine Transportation Update, July 2018
- “FMC Investigating Detention, Demurrage and Free Time Practices in International Oceanborne Commerce,” Thompson Hine Transportation Update, April 2018
- “FMC Proposes Rule Changes for NVOCC Rate and Service Arrangements,” Thompson Hine Transportation Update, November 2017
- “Trump Administration to Look to Public-Private Partnerships for Drone Regulation Solutions,” Thompson Hine Transportation Update, October 2017
- “Recreational Drone Registration Rule Overturned, Highlighting FAA Safety Oversight Gap,” Thompson Hine Transportation Update, May 2017
- “FAA Releases Small UAS (Drone) Operations Rule,” Thompson Hine Transportation Update, June 2016
- “The Brave New World of Unmanned Aircraft Systems,” Thompson Hine Product Liability eNewsletter, Fall 2015
- “Maximizing Recovery in the Antitrust Claims Administration Process,” Thompson Hine Antitrust, Competition & Trade Regulation Update, August 2015
- “New Export Policy to Govern Military & Commercial Use of U.S. Drones,” Thompson Hine International Trade & Customs Update, February 2015
- “FAA Proposes Lifting Ban on Commercial Drone Operations,” Thompson Hine Transportation Update, February 2015
- “NTSB Pirker Ruling: FAA Can Regulate Commercial & Recreational Small Drone Operations,” Thompson Hine Transportation Update, November 2014
- “FAA Begins to Grant Exemptions that Permit Commercial Drone Operations,” Thompson Hine Transportation Update, September 2014
- “Regulation of Indirect Air Carriers and Charters” in Aviation Regulation in the United States (2014) (Co-author)
- “DOT Compliance Responsibilities Increase for Rail Shipments of Crude Oil in the Aftermath of Train Derailments,” Oil & Gas Monitor, June 2014 (Co-author)
- “FMCSA Seeks Comments on Proposed Truck Driver Coercion Rules,” Thompson Hine Transportation Update, July 2014
- “FAA May Clear Certain Commercial UAS for Takeoff,” Thompson Hine Transportation Update, May 2014
- “Judge Rules Drones Not Prohibited – Commercial Operators Be Wary,” Thompson Hine Transportation Update, March 2014
- “FAA to Issue Proposed Rule on Authorizing Commercial Use of Drones Later This Year,” Thompson Hine Transportation Update, February 2014
- “Supply Chain Strategies – Policies and Practicalities to Address Transportation Challenges,” Thompson Hine Webinar, November 2021
- “Managing Supply Chain Risks in 2021,” Strafford Webinar, June 2021
- “Negotiating Third-Party Logistics Provider Agreements,” Strafford Webinar, October 2020
- “COVID-19: Supply Chain Risks and Contractual Obligations in the Face of the Novel Coronavirus,” Strafford Webinar, April 2020
- “Meeting Autonomous Vehicle Safety Oversight Challenges Today and Tomorrow,” 2019 Future of Transportation World Conference, December 2019
- “Preparing for STB’s Hearing on Rail Demurrage & Accessorial Charges,” Thompson Hine Webinar, April 2019
- Presentation on Federal Aviation Administration Authorization Act Preemption, Annual Conference of the Transportation and Logistics Council, March 2018
- Selected for inclusion in The Best Lawyers in America® 2023 to 2025 for Railroad Law and Transportation Law
- Selected for inclusion in Chambers USA: America’s Leading Lawyers for Business, Transportation: Rail (for Shippers), Nationwide, 2021 to 2024; Transportation: Road (Carriage/Logistics), Nationwide, 2021 to 2024
- Selected to Law360’s Transportation Editorial Advisory Board, 2021-2024
- Recommended in The Legal 500 in Transportation-Shipping: Litigation & Regulation, 2020-2024; Transportation-Rail & Road: Litigation & Regulation, 2020-2023; Transportation-Aviation & Air Travel: Litigation & Regulation, 2021
Education
- University of Pittsburgh School of Law, J.D., 2010, cum laude,
lead managing editor, Journal of Law and Commerce
- Embry-Riddle Aeronautical University, B.S., 2003, summa cum laude,
Aeronautical Science
Bar Admissions
- District of Columbia
- New Jersey
- New York
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- Key Steps to Protecting Supply Chains Amid East and Gulf Coast Port Strikes,
Transportation Update
, September 27, 2024 - NHTSA Extends Manufacturer Record Retention to 10 Years,
Automotive & Mobility Update
, August 29, 2024 - NHTSA Seeks Comments on Reaffirmed Airbag Inflator Recall Decision,
Transportation Update
, August 23, 2024 - Surface Transportation Board Adopts New Reciprocal Switching Rules to Address Inadequate Rail Service,
Transportation Update
, May 2, 2024 - FMC Issues Final Rule on Billing Requirements and Practices for Detention and Demurrage Invoices,
Transportation Update
, March 6, 2024 - STB Proposes to Improve Shipper Access to Reciprocal Switching to Address Inadequate Rail Service,
Transportation Update
, September 18, 2023 - Congress Takes Action on Rail Safety Following East Palestine Derailment,
Transportation Update
, March 7, 2023 - STB Denies Stay of Arbitration Program Opt-In Requirement; Permits Filing of New Petitions for Stay,
Transportation Update
, February 3, 2023 - STB Adopts New Processes to Make Rail Rate Relief More Accessible to Shippers,
Transportation Update
, January 9, 2023 - FMC Proposes Rule to Define Ocean Carrier “Unreasonable Refusals to Deal or Negotiate Vessel Space Accommodations”,
Transportation Update
, October 11, 2022