Transcript Ryan F. Paquet, P.G. Office of Enforcement and Compliance

Federal Motor Carrier Safety Administration
2009 COHMED Conference
Mesa, AZ
Jack Van Steenburg
Director, Office of Enforcement and Compliance
January 25-29, 2009
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
FMCSA’s Hazmat (HM) Division
• Develop Policies and Procedures for Conducting:
–
–
–
–
–
Hazardous Materials Carrier Compliance Activities
Hazardous Materials Shipper Compliance Reviews
Cargo Tank Facility Compliance Reviews
Security Contact Reviews
HM Roadside Inspections
• Work with DOT Agencies on HM Regulatory
Development
• Conduct HM Related Research and Analysis
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
2008 HM Accomplishment
Activity
National Goal
Accomplished
HM Compliance
Reviews
2500
2772
HM Shipper Reviews
280
340
Security Contact
Reviews
1200
1794
-
194,356*
HM Roadside
Inspections
* Total number of HM trucks inspected in 2008.
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
HM Program Initiatives
• Crash Statistics
– National
– HM
• Revitalize Cargo Tank Program
– Driver Rollover Prevention Outreach
– Cargo Tank On-Line Registration Changes
– Cargo Tank Manufacturing Program
• HM Shipper Prioritization
• HM Safety Permitting (HMSP)
• 9/11 Commission Act (HM Routing)
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
Fatalities in Motor Vehicle Crashes
Years
2004
2005
2006
2007
Change 04-07
All
Vehicles
42,836
43,510
42,708
41,059
-4.1%
U.S. Department of Transportation
Large
Trucks
5,235
5,240
5,027
4,808
-8.2%
HM Large
Trucks
245
215
200
213
-13.1%
Federal Motor Carrier Safety Administration
Cargo Tank Driver Rollover Prevention
Outreach Plan
• 42% of injuries from single vehicle large truck crashes
between 2001 and 2005 are due to rollovers.
• 52% of truck occupant fatalities involve a rollover crash.
• Rollovers account for 24% of all HM crashes and 75%
percent of all HM spills.
• FMCSA is in the process of creating an Outreach DVD
for the industry to minimize cargo tank rollovers.
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Cargo Tank Manufacture Program
• Goal is to prevent catastrophes related to faulty
manufacturing of cargo tanks.
• Update guidelines for conducting manufacturer
reviews and structural analysis.
• Improve communication between manufacturers,
inspectors and HQ to service the needs of the
cargo tank industry.
• Provide technical support and onsite assistance to
FMCSA personnel when inspections occur.
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
Cargo Tank Facility On-Line Registration
Changes to the 49 CFR 107.501
• Out of 513 companies contacted, 327 had bad
numbers, 66 did not respond and 120 registrations
were resolved. The estimated issues resolved was
24%.
• The revised on-line registration will eliminate
these problems by requiring completion of all
mandated fields prior to application processing.
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
HM Shipper Prioritization
• Focus resources on problematic HM Shippers
– High Violation Frequency
– Complaints
– High HM Incident Frequency
• Uses a weighting algorithm to determine priority
of HM Shippers to be reviewed
• System to be completed in February 2009.
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
Hazardous Materials Safety Permit (HMSP)
49 CFR Part 385 Subpart E
• FMCSA issuing HMSP since January 3, 2005
– HMSP Qualifying Criteria:
• Satisfactory Safety Rating
• Satisfactory Security Program
• Crash Rate
• Driver, Vehicle and Hazardous Materials out-ofservice percentage
• Registration with the PHMSA
• Insurance/Financial requirements
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
HMSP Status
MCMIS HMSP Applications
2005 to Current
Calendar
Year
HMSPs
Issued
Applications
Pending
Approval
Suspended
HMSPs
Expired
HMSPs
Denied
HMSPs
Total # of
HMSPs
Applications
2005
686
115
12
0
674
1487
2006
1128
275
13
5
1101
2522
2007
1246
280
12
26
1301
2865
2008
1379
489
10
49
693
2620
Jan 23, 2009
1346
499
12
41
661
2559
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
TOP 3
DRIVER, VEHICLE, HAZMAT
OOS VIOLATIONS (2008†)
All
Domiciles
U.S.
Mexico
Canada
D
R
I
V
E
R
395.3a2 – 14 Hour Rule Violation
15.3%
15.0%
5.5%
28.2%
395.8k2 – Driver Failing To Retain Previous 7 Days Logs
13.7%
14.0%
7.4%
8.0%
395.8a - No Drivers Record Of Duty Status
12.8%
13.0%
13.5%
4.9%
V
E
H
I
C
L
E
393.47e - Clamp/Roto Type Brake(s) Out-Of-Adjustment
7.8%
7.6%
11.7%
4.0%
396.3a1 - Inspection/Repair And Maintenance
5.3%
5.3%
5.8%
4.9%
393.48a - Inoperative/Defective Brakes
5.2%
5.3%
4.2%
2.8%
H
A
Z
M
A
T
177.834a - Package Not Secure In Vehicle
31.5%
31.2%
32.2%
45.2%
177.817a – No Shipping Papers (Carrier)
14.9%
15.2%
12.7%
4.1%
172.504a - Vehicle Not Placarded As Required
10.7%
10.7%
4.9%
18.0%
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
Federal Register Notice (73 FR 53383):
FMCSA Policy on Crash Preventability
• The carrier is to submit compelling evidence and adequate
proof that a crash(es) was not preventable as an attempt to
resolve a crash rate above the National Avg.
• This is applicable as an attempt to overturn a denied
HMSP, as part of an Admin. Appeal, or when applying for
or renewing an HMSP.
• If the recalculation results in a crash rate below the
HMSP threshold and no other disqualifying factors exist,
FMCSA will issue the HMSP.
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
Federal Register Notice (72 FR 4699 - 4720):
HM 218 D Final Rule
• Shipper’s responsibility, 49 CFR Sec.173.22(b)
No person may offer a motor carrier any hazardous
material…unless the motor carrier holds a valid safety permit.
• Preamble language states that shippers are to exercise due
diligence and responsible care with respect to selecting motor
carriers.
• FMCSA is creating a validation system for shippers on the
SAFER website, http://safer.fmcsa.dot.gov, to provide only a Yes
or No and the carrier HMSP expiration date.
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
9/11 Commission Act
HM Highway Routing
•
•
•
•
•
•
•
Document existing and proposed routes
Assess and characterize existing and proposed routes
Analyze current route regulations in cross-border
Document safety and security concerns
Guidance materials for State
Tool for States to assess security risk
Report to Congress of actions and recommended changes
to routing requirements.
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
Contact Information
Jack Van Steenburg
Director, Office of Enforcement and Compliance
US DOT/FMCSA
1200 New Jersey Ave., SW
Washington, DC 20590
Phone: 202-366-4553
U.S. Department of Transportation