Transcript Hazardous Materials Safety Permits Rugulatory Overview

Hazardous Materials
Safety Permits
Regulatory Overview
Final Rule Published June 30, 2004
68 FR 39350
Effective: July 30, 2004
Compliance: January 1, 2005
Last Revised: September 16, 2008
Applicability


Interstate, intrastate and foreign commerce
Carriers that transport high hazard materials
1.
2.
3.
4.
5.
6.
7.
HRCQ RAM
Div 1.1, 1.2 or 1.3 in a quantity >than 25kg (55 lbs)
Division 1.5 materials requiring placarding
PIH Hazard Zone A in a quantity > 1l (1.08 quarts)
PIH Hazard zone B in a bulk packing
PIH Hazard Zone C and D in a package > 13,248 l
(3,500 gallons)
Liquefied gas with > 85 % Methane, in a package >
13,248 l (3500 gals)
49 CFR 385.403
Applicability (exceptions)
Just one:
Transportation activities of a farmer, who generates
less that $500,000 annually in gross receipts from
the sale of agricultural commodities or products,
are NOT subject if such activities are:
(1) Conducted by highway or rail;
(2) In direct support of THEIR farming operations;
and
(3) Conducted within a 150-mile radius of those
operations.
Q & A Applicability


Are shipments of LPG covered
under the HM Safety Permit
program?
No. Only shipments of flammable gas
containing at least 85% methane
content are covered by the HM Safety
Permit program.
Q & A Applicability


Is anhydrous ammonia covered under
the HM Safety Permit program?
Yes. Even though anhydrous ammonia is
regulated domestically as a non-flammable
gas, anhydrous ammonia still meets the
definition of a toxic by inhalation material
Hazard Zone D and is covered when
transported in a packaging having a
capacity greater than 13,248 L (3,500
gallons). [See Spcl. Prv. 13]
Q & A Applicability


Does a carrier transporting a load of
anhydrous ammonia required to have a
safety permit if the packaging of the
product is less than 3,500 water gallons?
NO, Nurse tanks or other packaging with a
total water capacity of less than 3,500 water
gallons are not required to have a safety
permit to transport anhydrous ammonia.
Conditions for Obtaining
a Permit


Application: MCS-150B
Safety Program
– Satisfactory Rating
– Crash rate not in top 30% of national average
(preventability taken into account (2008)*
– Driver, vehicle or HM out of service rate not in top 30% of
national average

Satisfactory Security Program – Self Certification
– Security plan per 49 CFR 172 Subpart I (172.800)
– Communications plan**
– Security Training

RSPA Registration
49 CFR 385.405 and
385.407
Does an electronic GPS tracking system,
or other periodic wireless tracking
system, fulfill the communication
requirements in 385.415(c)?

Yes. However, the carrier (or driver) will have to
keep a record of communications with the
necessary information (date, time, location, driver’s
name, truck ID). These records can be kept
electronically. The information may be stored in
separate databases, as long as the information can
be correlated at the request of an official in a timely
manner.
Conditions for Obtaining
a Permit

If the carrier receives a proposed
rating less than satisfactory:
– If no permit, a permit will not be issued
unless a sat rating becomes final.
– If they hold a permit it will be subject to
revocation or suspension if rating
becomes final

Effective for 2 years unless suspended
or revoked
49 CFR 385.413 &
385.419
Intrastate Carriers

385.5 Intrastate carriers:
– Safety rating based on FMCSR or equivalent state
requirements
– Rule does not change applicability to FMCSR

390.3 - Motor carriers in intrastate commerce are
subject to
–
–
–
–
–
–
Part 382 - Controlled Substance & Alcohol testing
Part 383 - CDL (Commercial Drivers License)
Part 385, Subparts A and E - Safety Fitness & Permits
Part 386 – Brokers, Freight Forwarders, HM Proceedings
Part 387 – Financial Responsibility (Insurance)
Section 390.19 – USDOT Number & requirements (MCS
150B every 24 months based on schedule)
How do I Apply for An HM
Safety Permit?

When a motor carrier is required to submit
their MCS-150 form, the motor carrier
simply completes the MCS-150B form in the
place of the MCS-150. This starts the permit
application process. If a motor carrier has
not previously submitted an MCS-150 form
to FMCSA, then they would simply fill out
the MCS-150B to start the application
process. The MCS-150B Form is currently
not available, but will soon be available
through this website.
Where can I obtain the MCS150B Form and register?




Paid Services
http://www.fmcsa.dot.gov/documents/forms/
r-l/MCS-150B-Instructions-and-Form.pdf 2008-04-07
http://www.fmcsa.dot.gov
type in search box: MCS 150B
(800) 832-5660
Operational
Requirements

Information in the vehicle
– Safety Permit or document with permit #
– Route plan (HRCQ, Div 1.1, 1.2 & 1.3)
– Phone number of carrier (person must be
familiar with load and where vehicle should be
and maintaining communication plan)

Anhydrous Ammonia (Yes Permit - NO route
plan – YES Communication Plan)
49 CFR 385.415
Requirements of a
Communication Plan

Communications Plan
– Contact carrier at beginning and end of
each duty tour, pickup and delivery.
– Telephone, radio or electronic means
– Record maintained for 6 months including
driver name, vehicle identification,
material, date, location and time of each
contact.
49 CFR 385.415
Common Questions on
Communication Plans



To complete this communication plan,
does someone have to answer the
phone?
Can the driver leave a message on the
answering machine?
Can the driver write it down and turn
in later?
Answer: NO, NO, NO
The telephone number, including the area code or
country code, of an employee of the motor carrier
who is familiar with the routing of the permitted
material. The motor carrier employee or
representative must be able to verify that the
shipment is within the general area for the expected
route for the permitted material. The telephone
number, when called, must be answered directly by
the motor carrier or its representative at all times
while the permitted material is in transportation
including storage incidental to transportation.
Answering machines are not sufficient to meet this
requirement.
385.415(a)(3)
Temporary Permits


Issued for 180 days if the carrier does
not have a sat rating (possible 60 day
extension).
Temporary permit will not be issued to
– Carrier that does not certify it has a
satisfactory safety program.
– Crash rate or OOS rate does not meet
specified criteria
49 CFR 385.409
Revocation and
Suspension
Grounds
 No renewal application (MCS 150B)
 False information
 Final safety rating less than satisfactory
 Failure to maintain satisfactory security plan
 Failing to comply with regs in a manner showing motor carrier
is not fit to transport hazmat
 Failing to comply with OOS order
 Failing to comply with any other order in a manner showing
the carrier is not fit to transport hazmat
 Failing to maintain minimum insurance
 Failing to maintain RSPA registration
 Loss of operating rights or suspended registration for failing to
pay
49 CFR 385.421
Revocation and
Suspension



1st offense = suspension (30 days)
2nd offense = revoked (365 days)
Effective
– Immediately if imminent hazard, less than
sat rating, loss of operating rights or
registration for failing to pay.
– 30 days after notice is provided to the
motor carrier
49 CFR 385.423
Suspension and Revocation
– Appeal Rights

Less than satisfactory rating
– 385.15
– 385.17


Failure to pay – decision by Chief Safety Officer
(CSO)
Other grounds
–
–
–
–
Appeal within 30 days to CSO
State specific grounds and evidence
Response within 30 days
CSO may review, hold hearing or request Administrative
Law Judge (ALJ)
– Specific process outlined in regulations
49 CFR 385.423
How are the crash rates and
OOS rates calculated?
Federal Register / Vol. 72, No.215
Issued: November 7, 2007
Effective Date: January 3, 2005
Action (subject): Notice of enforcement Policy
Spelled out how percentage for rates of both
crash and OOS were determined and also
actual rates to compare their company.
Preventability of Crashes
– Administrative Reviews
Federal Register / Vol. 73, No 180
Issued: September 16, 2008
Effective Date: September 16, 2008
Action (subject): Notice of enforcement policy
From petitions of The Fertilizer Institute, took
into effect the preventability of a crash
based on documents from the carrier.
Presented by:
Tom Wise
Hazardous Materials Unit Chief
MCSAP Compliance Unit
Illinois Department of Transportation
Division of Traffic Safety
(217) 785-1181
[email protected]