Hazardous Materials Hazardous Materials Safety PermitsSafety PermitsRegulatory OverviewRegulatory Overview

Final Rule Published June 30, 2004Final Rule Published June 30, 200468 FR 3935068 FR 39350Effective: July 30, 2004Effective: July 30, 2004Compliance: January 1, 2005Compliance: January 1, 2005Last Revised: September 16, 2008Last Revised: September 16, 2008

ApplicabilityApplicability

Interstate, intrastate and foreign commerceInterstate, intrastate and foreign commerce Carriers that transport high hazard materialsCarriers that transport high hazard materials

1.1. HRCQ RAMHRCQ RAM2.2. Div 1.1, 1.2 or 1.3 in a quantity >than 25kg (55 lbs) Div 1.1, 1.2 or 1.3 in a quantity >than 25kg (55 lbs) 3.3. Division 1.5 materials requiring placardingDivision 1.5 materials requiring placarding4.4. PIH Hazard Zone A in a quantity > 1l (1.08 quarts)PIH Hazard Zone A in a quantity > 1l (1.08 quarts)5.5. PIH Hazard zone B in a bulk packingPIH Hazard zone B in a bulk packing6.6. PIH Hazard Zone C and D in a package > 13,248 l PIH Hazard Zone C and D in a package > 13,248 l

(3,500 gallons) (3,500 gallons) 7.7. Liquefied gas with > 85 % Methane, in a package > Liquefied gas with > 85 % Methane, in a package >

13,248 l (3500 gals)13,248 l (3500 gals)

49 CFR 385.403

Applicability Applicability (exceptions)(exceptions)Just one:Just one:

Transportation activities of a Transportation activities of a farmerfarmer, who , who generates less that $500,000 annually in generates less that $500,000 annually in gross receipts from the sale of agricultural gross receipts from the sale of agricultural commodities or products, are NOT subject if commodities or products, are NOT subject if such activities are:such activities are:

(1)(1) Conducted by highway or rail;Conducted by highway or rail;(2)(2) In direct support of THEIR farming operationsIn direct support of THEIR farming operations; ;

andand(3)(3) Conducted within a 150-mile radius of those Conducted within a 150-mile radius of those

operations.operations.

Q & A ApplicabilityQ & A Applicability

Are shipments of Are shipments of LPGLPG covered covered under the HM Safety Permit under the HM Safety Permit program? program?

NoNo. Only shipments of flammable . Only shipments of flammable gas containing at least 85% gas containing at least 85% methane content are covered by methane content are covered by the HM Safety Permit program.the HM Safety Permit program.

Q & A ApplicabilityQ & A Applicability

Is Is anhydrous ammoniaanhydrous ammonia covered under covered under the HM Safety Permit program? the HM Safety Permit program?

YesYes. Even though anhydrous ammonia is . Even though anhydrous ammonia is regulated domestically as a non-regulated domestically as a non-flammable gas, anhydrous ammonia still flammable gas, anhydrous ammonia still meets the definition of a toxic by meets the definition of a toxic by inhalation material Hazard Zone D and is inhalation material Hazard Zone D and is covered when transported in a packaging covered when transported in a packaging having a capacity greater than 13,248 L having a capacity greater than 13,248 L (3,500 gallons). [See Spcl. Prv. 13](3,500 gallons). [See Spcl. Prv. 13]

Q & A ApplicabilityQ & A Applicability

Does a carrier transporting a load of Does a carrier transporting a load of anhydrous ammoniaanhydrous ammonia required to have a required to have a safety permit if the packaging of the safety permit if the packaging of the product is less than 3,500 water gallons?product is less than 3,500 water gallons?

NONO, Nurse tanks or other packaging with , Nurse tanks or other packaging with a total water capacity of a total water capacity of less than 3,500 less than 3,500 waterwater gallons gallons are not required to have a are not required to have a safety permit to transport anhydrous safety permit to transport anhydrous ammonia.ammonia.

Conditions for Conditions for Obtaining a PermitObtaining a Permit Application: MCS-150BApplication: MCS-150B Safety ProgramSafety Program

– Satisfactory RatingSatisfactory Rating– Crash rate not in top 30% of national average Crash rate not in top 30% of national average

(preventability taken into account (2008)*(preventability taken into account (2008)*– Driver, vehicle or HM out of service rate not in top Driver, vehicle or HM out of service rate not in top

30% of national average30% of national average Satisfactory Security Program – Self Satisfactory Security Program – Self

CertificationCertification– Security plan per 49 CFR 172 Subpart I (172.800)Security plan per 49 CFR 172 Subpart I (172.800)– Communications plan**Communications plan**– Security TrainingSecurity Training

RSPA RegistrationRSPA Registration49 CFR 385.405

and 385.407

Does an electronic GPS tracking Does an electronic GPS tracking system, or other periodic wireless system, or other periodic wireless tracking system, fulfill the tracking system, fulfill the communication requirements in communication requirements in 385.415(c)?385.415(c)? YesYes. . HoweverHowever, the carrier (or driver) will have , the carrier (or driver) will have

to keep a record of communications with the to keep a record of communications with the necessary information (date, time, location, necessary information (date, time, location, driver’s name, truck ID). These records can driver’s name, truck ID). These records can be kept electronically. The information may be kept electronically. The information may be stored in separate databases, as long as be stored in separate databases, as long as the information can be correlated at the the information can be correlated at the request of an official in a timely manner. request of an official in a timely manner.

Conditions for Conditions for Obtaining a PermitObtaining a Permit If the carrier receives a proposed If the carrier receives a proposed

rating less than satisfactory:rating less than satisfactory:– If no permit, a permit will not be If no permit, a permit will not be

issued unless a sat rating becomes issued unless a sat rating becomes final.final.

– If they hold a permit it will be subject If they hold a permit it will be subject to revocation or suspension if rating to revocation or suspension if rating becomes finalbecomes final

Effective for Effective for 22 years unless years unless suspended or revokedsuspended or revoked

49 CFR 385.413 & 385.419

Intrastate CarriersIntrastate Carriers 385.5 Intrastate carriers:385.5 Intrastate carriers:

– Safety rating based on FMCSR or equivalent state Safety rating based on FMCSR or equivalent state requirementsrequirements

– Rule does not change applicability to FMCSRRule does not change applicability to FMCSR 390.3 - Motor carriers in intrastate 390.3 - Motor carriers in intrastate

commerce are subject tocommerce are subject to– Part 382 - Controlled Substance & Alcohol testingPart 382 - Controlled Substance & Alcohol testing– Part 383 - CDL (Commercial Drivers License)Part 383 - CDL (Commercial Drivers License)– Part 385, Subparts A and E - Safety Fitness & Part 385, Subparts A and E - Safety Fitness &

PermitsPermits– Part 386 – Brokers, Freight Forwarders, HM Part 386 – Brokers, Freight Forwarders, HM

ProceedingsProceedings– Part 387 – Financial Responsibility (Insurance)Part 387 – Financial Responsibility (Insurance)– Section 390.19 – USDOT Number & requirements Section 390.19 – USDOT Number & requirements

(MCS 150B every 24 months based on schedule)(MCS 150B every 24 months based on schedule)

How do I Apply for An HM How do I Apply for An HM Safety Permit?Safety Permit?

When a motor carrier is required to When a motor carrier is required to submit their MCS-150 form, the motor submit their MCS-150 form, the motor carrier simply completes the MCS-carrier simply completes the MCS-150B form in the place of the MCS-150B form in the place of the MCS-150. This starts the permit application 150. This starts the permit application process. If a motor carrier has not process. If a motor carrier has not previously submitted an MCS-150 form previously submitted an MCS-150 form to FMCSA, then they would simply fill to FMCSA, then they would simply fill out the MCS-150B to start the out the MCS-150B to start the application process. The MCS-150B application process. The MCS-150B Form is currently not available, but will Form is currently not available, but will soon be available through this website. soon be available through this website.

Where can I obtain the MCS-Where can I obtain the MCS-150B Form and register? 150B Form and register?

Paid Services Paid Services http://http://

www.fmcsa.dot.gov/documents/forms/rwww.fmcsa.dot.gov/documents/forms/r-l/MCS-150B-Instructions-and-Form.pdf-l/MCS-150B-Instructions-and-Form.pdf - 2008-04-07 - 2008-04-07

http://www.fmcsa.dot.govhttp://www.fmcsa.dot.gov

type in search box: MCS 150Btype in search box: MCS 150B (800) 832-5660 (800) 832-5660

Operational Operational RequirementsRequirements Information in the vehicleInformation in the vehicle

– Safety Permit or document with permit # Safety Permit or document with permit # – Route plan (HRCQ, Div 1.1, 1.2 & 1.3)Route plan (HRCQ, Div 1.1, 1.2 & 1.3)– Phone number of carrier (person must be Phone number of carrier (person must be

familiar with load and where vehicle should familiar with load and where vehicle should be and maintaining communication plan)be and maintaining communication plan)

Anhydrous Ammonia (Yes Permit - NO Anhydrous Ammonia (Yes Permit - NO route plan – YES Communication Plan)route plan – YES Communication Plan)

49 CFR 385.415

Requirements of a Requirements of a Communication PlanCommunication Plan Communications PlanCommunications Plan

– Contact carrier at beginning and end of Contact carrier at beginning and end of each duty tour, pickup and delivery.each duty tour, pickup and delivery.

– Telephone, radio or electronic meansTelephone, radio or electronic means– Record maintained for 6 months Record maintained for 6 months

including driver name, vehicle including driver name, vehicle identification, material, date, location identification, material, date, location and time of each contact.and time of each contact.

49 CFR 385.415

Common Questions on Common Questions on Communication PlansCommunication Plans

To complete this communication To complete this communication plan, does someone have to plan, does someone have to answer the phone? answer the phone?

Can the driver leave a message Can the driver leave a message on the answering machine? on the answering machine?

Can the driver write it down and Can the driver write it down and turn in later?turn in later?

Answer: NO, NO, NOAnswer: NO, NO, NO

The telephone number, including the area code or The telephone number, including the area code or country code, of an employee of the motor country code, of an employee of the motor carrier who is familiar with the routing of the carrier who is familiar with the routing of the permitted material. The motor carrier permitted material. The motor carrier employee or representative must be able to employee or representative must be able to verify that the shipment is within the general verify that the shipment is within the general area for the expected route for the permitted area for the expected route for the permitted material. material. The telephone number, when called, The telephone number, when called, must be answered directly by the motor carrier must be answered directly by the motor carrier or its representative at all times while the or its representative at all times while the permitted material is in transportationpermitted material is in transportation including storage incidental to transportation. including storage incidental to transportation. Answering machines are not sufficient to meet Answering machines are not sufficient to meet this requirement.this requirement.

385.415(a)(3)385.415(a)(3)

Temporary PermitsTemporary Permits

Issued for 180 days if the carrier Issued for 180 days if the carrier does not have a sat rating (possible does not have a sat rating (possible 60 day extension).60 day extension).

Temporary permit will not be issued Temporary permit will not be issued toto– Carrier that does not certify it has a Carrier that does not certify it has a

satisfactory safety program.satisfactory safety program.– Crash rate or OOS rate does not meet Crash rate or OOS rate does not meet

specified criteriaspecified criteria49 CFR 385.409

Revocation and Revocation and SuspensionSuspensionGroundsGrounds No renewal application (MCS 150B)No renewal application (MCS 150B) False informationFalse information Final safety rating less than satisfactoryFinal safety rating less than satisfactory Failure to maintain satisfactory security planFailure to maintain satisfactory security plan Failing to comply with regs in a manner showing Failing to comply with regs in a manner showing

motor carrier is not fit to transport hazmatmotor carrier is not fit to transport hazmat Failing to comply with OOS orderFailing to comply with OOS order Failing to comply with any other order in a manner Failing to comply with any other order in a manner

showing the carrier is not fit to transport hazmatshowing the carrier is not fit to transport hazmat Failing to maintain minimum insuranceFailing to maintain minimum insurance Failing to maintain RSPA registrationFailing to maintain RSPA registration Loss of operating rights or suspended registration for Loss of operating rights or suspended registration for

failing to payfailing to pay

49 CFR 385.421

Revocation and Revocation and SuspensionSuspension 11stst offense = suspension (30 days) offense = suspension (30 days) 22ndnd offense = revoked (365 days) offense = revoked (365 days) EffectiveEffective

– Immediately if imminent hazard, less Immediately if imminent hazard, less than sat rating, loss of operating than sat rating, loss of operating rights or registration for failing to pay.rights or registration for failing to pay.

– 30 days after notice is provided to the 30 days after notice is provided to the motor carrier motor carrier

49 CFR 385.423

Suspension and Suspension and Revocation – Appeal Revocation – Appeal RightsRights Less than satisfactory ratingLess than satisfactory rating

– 385.15385.15– 385.17385.17

Failure to pay – decision by Chief Safety Failure to pay – decision by Chief Safety Officer (CSO)Officer (CSO)

Other groundsOther grounds– Appeal within 30 days to CSOAppeal within 30 days to CSO– State specific grounds and evidenceState specific grounds and evidence– Response within 30 daysResponse within 30 days– CSO may review, hold hearing or request CSO may review, hold hearing or request

Administrative Law Judge (ALJ)Administrative Law Judge (ALJ)– Specific process outlined in regulationsSpecific process outlined in regulations

49 CFR 385.423

How are the crash rates How are the crash rates and OOS rates and OOS rates calculated?calculated?Federal Register / Vol. 72, No.215Federal Register / Vol. 72, No.215

Issued: November 7, 2007Issued: November 7, 2007

Effective Date: January 3, 2005Effective Date: January 3, 2005

Action (subject): Notice of enforcement Action (subject): Notice of enforcement PolicyPolicy

Spelled out how percentage for rates of both Spelled out how percentage for rates of both crash and OOS were determined and also crash and OOS were determined and also actual rates to compare their company.actual rates to compare their company.

Preventability of Preventability of Crashes – Crashes – Administrative Administrative ReviewsReviewsFederal Register / Vol. 73, No 180Federal Register / Vol. 73, No 180

Issued: September 16, 2008Issued: September 16, 2008

Effective Date: September 16, 2008Effective Date: September 16, 2008

Action (subject): Notice of enforcement Action (subject): Notice of enforcement policypolicy

From petitions of The Fertilizer Institute, took From petitions of The Fertilizer Institute, took into effect the preventability of a crash into effect the preventability of a crash based on documents from the carrier.based on documents from the carrier.

Presented by:Presented by:

Tom WiseTom WiseHazardous Materials Unit Hazardous Materials Unit

ChiefChiefMCSAP Compliance UnitMCSAP Compliance Unit

Illinois Department of TransportationIllinois Department of Transportation

Division of Traffic SafetyDivision of Traffic Safety

(217) 785-1181(217) 785-1181

tom.wise@illinois.govtom.wise@illinois.gov