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Hazardous Materials Safety Permits Regulatory Overview

Hazardous Materials Safety Permits Regulatory Overview

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Hazardous Materials Safety Permits Regulatory Overview

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  1. Hazardous Materials Safety PermitsRegulatory Overview Final Rule Published June 30, 2004 68 FR 39350 Effective: July 30, 2004 Compliance: January 1, 2005 Last Revised: September 16, 2008

  2. Applicability • Interstate, intrastate and foreign commerce • Carriers that transport high hazard materials • 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

  3. 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: • Conducted by highway or rail; • In direct support of THEIR farming operations; and • Conducted within a 150-mile radius of those operations.

  4. 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.

  5. 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]

  6. 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 watergallons are not required to have a safety permit to transport anhydrous ammonia.

  7. 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

  8. 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.

  9. 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

  10. 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)

  11. 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.

  12. Where can I obtain the MCS-150B 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

  13. 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

  14. 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

  15. 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?

  16. 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)

  17. 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

  18. 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

  19. 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

  20. 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

  21. 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.

  22. 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.

  23. Presented by:Tom WiseHazardous Materials Unit ChiefMCSAP Compliance Unit Illinois Department of Transportation Division of Traffic Safety (217) 785-1181 tom.wise@illinois.gov