SAAMI Logistics Seminar FMCSA Update Las Vegas, Nevada … · 2018-06-11 · The HM Safety Permit program is in Part 385 in the FMCSR’s and is對 completely run by FMCSA.\爀屲B

$Page 1: SAAMI Logistics Seminar FMCSA Update Las Vegas, Nevada … · 2018-06-11 · The HM Safety Permit program is in Part 385 in the FMCSR’s and is對 completely run by FMCSA.\爀屲B$
Federal Motor Carrier Safety Administration

U.S. Department of Transportation

SAAMI Logistics Seminar FMCSA Update

Las Vegas, Nevada January 2013

Paul Bomgardner

Chief – Hazardous Materials Division Federal Motor Carrier Safety Administration



Strategic Plan Initiatives • Raise the bar for motor

carriers to enter the industry

• Maintain a high standard of safety and compliance to remain in the industry

• Remove unsafe drivers and carriers from the roadways

Presenter

Presentation Notes

FMCSA’s 2012-2016 Strategic Plan presents a new comprehensive direction to focus its efforts on outreach, oversight, and enforcement resources directed at the entire CMV transportation life-cycle. It establishes a framework that places safety as the highest priority and employs three core principles: Raising the bar to entry Requiring to maintain high safety standards Removing high risk carriers and drivers The Agency will continue to strengthen its Federal, State and local partnerships; reach out to all stakeholders, the public, industry and related associations, victims and advocacy groups, in order to eliminate severe crashes, injuries, and fatalities involving CMVs, thereby, achieving a safer transportation environment. The commercial motor vehicle industry (CMV) is a vital part of the Nation’s economic strength and security. Commercial trucks and buses are an integral part of everyday life and livable communities. The Agency’s goal is to make our roadways safer for the public and the CMV industry.

http://www.fmcsa.dot.gov/documents/STRATEGIC-PLAN/FMCSA_StrategicPlan_2012-2016.pdf



Top 3 HM Activities to Support the Initiatives

• Hazardous Materials Safety Permits: Change in Crash and OOS Rates

• Compliance, Safety and Accountability (CSA): HM Compliance BASIC

• MAP-21 for FMCSA

Presenter

Presentation Notes

These will be covered separately in the following slides. The activities listed are ongoing within the HM Division and are considered to be priorities for the upcoming Fiscal Year. A. The HM Safety Permit program is in Part 385 in the FMCSR’s and is completely run by FMCSA. B. CSA – New system implemented in December 2010 and is now used for determining motor carrier fitness. New HM BASIC in June 2012. This was the Cargo-related BASIC that contained HM violations. All of the non-HM violations were removed and placed in the Vehicle Maintenance BASIC. C. Cargo Tank Rollovers: This issue is becoming more prevalent, and it came to a head with the 2009 rollover in Indianapolis that resulted in NTSB recommendations to 4 DOT agencies: FMCSA, PHMSA, NHTSA and FHWA, along with AASHTO.



Hazardous Materials Safety Permits 1. Highway Route Controlled Class 7; 2. >55 lbs.: 1.1, 1.2 or 1.3 Explosives, or

Placarded 1.5; 3. PIH Zone A - >1liter / package; 4. PIH Zone B – Bulk Package >119

gal.; 5. PIH Zones C or D – Bulk Package ≥

3,500 gal.; or 6. Compressed or Refrigerated

Liquefied Methane, Liquefied Natural Gas, or Other Liquefied Gas with a Methane Content of at least 85 percent – Bulk Package ≥ 3,500 gal.

FR /June 27, 2012 /38215: – Fixed Rates for

• Crash: 0.136 • Driver OOS: 9.68 • Vehicle: 33.33 • HM: 6.82

• www.safersys.org/HazMatRates.aspx

Presenter

Presentation Notes

The Hazmat Safety Permit is applicable to motor carriers who transport: Highway Route Controlled Class 7; >55 lbs. of Division 1.1, 1.2 or 1.3 Explosives, or Placarded amounts of Division 1.5; PIH Zone A - >1liter / package; PIH Zone B – Bulk Package >119 gallons; PIH Zones C or D – Bulk Package ≥ 3,500 gallons; or Compressed or Refrigerated Liquefied Methane, Liquefied Natural Gas, or Other Liquefied Gas with a Methane Content of at least 85 percent – Bulk Package ≥ 3,500 gallons.



HMSP: What You Need to Apply • Application: MCS-150B • Safety Program

o Satisfactory Rating o Crash rate not in top 30% of national average oDriver, Vehicle, or HM out-of-service rate not in top

30% of national average • Satisfactory Security Program – Self Certification

o Security plan per 172.800 – 804 o Security training

Presenter

Presentation Notes

§ 385.405 and § 385.407



HMSP: What You Need to Apply

• Communications plan per 385.407 • PHMSA Registration per Part 107 Subpart G • Public Liability Insurance Requirements Per Part

387 Subpart A oLimits are not applicable to intrastate carriers in

vehicles < 10,000 pounds GVWR oMust be insured at the state-designated levels



Public Liability Insurance Requirements

IN BULK: Defined in 387.5 as ANY QUANTITY of Division 1.1, 1.2 or 1.3 Explosive.

$5 Million is Required in 387.9 for: –For-hire and private carriers; –Interstate or Foreign in vehicles of any GVWR; and –Intrastate in vehicles ≥ 10,001 pounds GVWR

Presenter

Presentation Notes

There are 3 definitions of “in-bulk” for public liability purposes: Any quantity of 1.1, 1.2, or 1.3 Explosives; Any quantity of a 2.1 Zone A or 6.1 PG I Zone A Property in containment systems in excess of 3,500 water gallons.



HMSP Operational Requirements

• Information required in the vehicle (385.415): oHM Safety Permit or document with permit #; oRoute plan for 1.1, 1.2 & 1.3 materials; oPhone number of carrier for routing

verification; oCopy of Part 397 and Instructions for accident

or delay for 1.1, 1.2 & 1.3 materials per 397.19



HMSP Communications • Communications Plan (385.415(c)):

oContact must be made at the beginning and end of each duty tour; and at the pickup and delivery of each permitted load;

oContact may be by telephone, radio or an electronic tracking or monitoring system;

oRecord must be kept by either the motor carrier or driver for 6 months after initial acceptance of permitted load; and

oRecord must contain driver name, vehicle ID, HM transported, and date, location and time of each contact

Presenter

Presentation Notes

Subpart E - Hazardous materials safety permits ��§ 385.415What operational requirements apply to the transportation of a hazardous material for which a permit is required? (a) Information that must be carried in the vehicle. During transportation, the following must be maintained in each commercial motor vehicle that transports a hazardous material listed in §385.403 and must be made available to an authorized official of a Federal, State, or local government agency upon request. (1) A copy of the safety permit or another document showing the permit number, provided that document clearly indicates the number is the FMCSA Safety Permit number;(2) A written route plan that meets the requirements of §397.101 of this chapter for highway route-controlled Class 7 (radioactive) materials or §397.67 of this chapter for Division 1.1, 1.2, and 1.3 (explosive) materials; and(3) The telephone number, including area code or country code, of an employee of the motor carrier or representative 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. (b)(1) Inspection of vehicle transporting Class 7 (radioactive) materials. Before a motor carrier may transport a highway route controlled quantity of a Class 7 (radioactive) material, the motor carrier must have a pre-trip inspection performed on each motor vehicle to be used to transport a highway route controlled quantity of a Class 7 (radioactive) material, in accordance with the requirements of the “North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403,” January 1, 2004, which is incorporated by reference. The Director of the Federal Register has approved the materials incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Information and copies may be obtained from the Commercial Vehicle Safety Alliance, 1101 17th Street, NW, Suite 803, Washington, DC 20036. Phone number (202) 775-1623. (2) All materials incorporated by reference are available for inspection at the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave., SE., Washington, DC 20590-0001; and the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Code of Federal Regulations250 (c) Additional requirements. A motor carrier transporting hazardous materials requiring a permit under this part must also meet the following requirements: (1) The operator of a motor vehicle used to transport a hazardous material listed in §385.403 must follow the communications plan required in §385.407(b)(2) to make contact with the carrier at the beginning and end of each duty tour, and at the pickup and delivery of each permitted load. Contact may be by telephone, radio or via an electronic tracking or monitoring system. The motor carrier or driver must maintain a record of communications for 6 months after the initial acceptance of a shipment of hazardous material for which a safety permit is required. The record of communications must contain the name of the driver, identification of the vehicle, permitted material(s) being transported, and the date, location, and time of each contact required under this section.(2) The motor carrier should contact the Transportation Security Administration's Transportation Security Coordination Center (703-563-3236 or 703-563-3237) at any time the motor carrier suspects its shipment of a hazardous material listed in §385.403 is lost, stolen or otherwise unaccounted for. [69 FR 39367, June 30, 2004, as amended at 72 FR 55701, Oct. 1, 2007]



Loss of HMSP

• Fail to renew HMSP • Provide false information • Fail to have a final safety rating of satisfactory • Fail to maintain satisfactory security plan • Fail to comply with regulations or orders in a

manner showing motor carrier is not fit to transport hazmat



Loss of HMSP

• Fail to comply with OOS order • Fail to maintain minimum insurance • Fail to maintain PHMSA registration • Loss of operating rights or suspended USDOT

registration



Other Requirements for 1.3 C Explosives

• CDL: HM Endorsement due to placarding of any amount. (383.5)

• Attendance Required (397.5(a)): oAt all times; o By the driver or a qualified representative of the motor

carrier

Presenter

Presentation Notes

HOS Rest Break Exception: May drive only if 8 hours or less have passed since end of driver's last off-duty period of at least 30 minutes. [HM 397.5 mandatory "in attendance" time may be included in break if no other duties performed]




• Attendance Exception o If the vehicle is on the motor carrier’s property, a shipper’s or

consignee’s property or in a safe haven; or o There is 50 pounds or less at a construction or survey site

AND o The lawful bailee is aware of the presence and danger of the

material; o Has been instructed in emergency procedures; and o Is within an unobstructed view or in a safe haven

Presenter

Presentation Notes

See Section 397.5(b)(1)-(3)




• Parking (397.7): oNo parking within 5’ of the travelled portion of a

public street or highway; oNo parking on private property without knowledge

and permission of the property owner: or oNo parking within 300’ of a bridge, tunnel, dwelling,

or place where people work, congregate or assemble unless for a short time and it is necessary to do so

Presenter

Presentation Notes

See Section 397.5(b)(1)-(3)



• Strengthening the Vehicle Maintenance BASIC • Changing the Cargo-Related BASIC to the

Hazardous Materials (HM) Compliance BASIC • Better aligning the SMS with Intermodal Equipment

Provider (IEP) regulations • Aligning violations that are included in the SMS with

Commercial Vehicle Safety Alliance (CVSA) inspection levels

CSA Changes: July / November 2012

Presenter

Presentation Notes

1. Strengthening the Vehicle Maintenance BASIC by incorporating cargo/load securement violations from today's Cargo-Related BASIC. Summary: Stakeholders have pointed out that carriers that predominantly haul open trailers (e.g., flatbeds) have excessively high Cargo-Related BASIC percentiles, as load securement issues for these types of carriers are more apparent. After analyzing the issue carefully, FMCSA will move the cargo/load securement violations from today’s Cargo-Related BASIC to the Vehicle Maintenance BASIC. 2. Changing the Cargo-Related BASIC to the Hazardous Materials (HM) Compliance BASIC to better identify HM-related safety problems. Summary: Stakeholders have asked FMCSA to review the SMS Methodology to ensure HM safety problems are adequately identified and addressed. The Agency will create a new HM Compliance BASIC based on vehicle inspections (i.e., Level 1, 2, 5, and 6) and HM violations where the vehicle was transporting placardable quantities of HM. This HM Compliance BASIC will allow the Agency to better identify HM-related safety issues for CSA interventions. This BASIC will not be displayed to the general public. 3. Better aligning the SMS with Intermodal Equipment Provider (IEP) regulations. Summary: The SMS has not previously included any roadside violations associated with an IEP trailers distinct from the motor carrier. However, violations that should be found during the pre-trip inspection are the motor carrier’s responsibility, and thus should be applied in the SMS. In cases where (1) the driver conducted a pre-trip inspection, and (2) the violation is considered pre-trip detectable, the violation is attributed to the motor carrier. 4. Aligning violations that are included in the SMS with Commercial Vehicle Safety Alliance (CVSA) inspection levels by eliminating vehicle violations derived from driver-only inspections and driver violations from vehicle-only inspections. Summary: Currently, the SMS includes Level 3 (driver-only) inspections in the Vehicle Maintenance BASIC only when vehicle violations are noted on the inspection. Industry and enforcement are concerned that many vehicle violations fall outside the scope of the inspection and could bias the Vehicle Maintenance BASIC data. In response to this, FMCSA will remove vehicle violations found during driver-only inspections and driver violations found during vehicle-only inspections to align the SMS with existing CVSA policies regarding inspection levels.



• More accurately identifying carriers involved in transporting HM

• More accurately identifying carriers involved in transporting passengers

• Modify the SMS display

CSA Changes: Continued

Presenter

Presentation Notes

5. More accurately identifying carriers involved in transporting HM. Summary: When FMCSA introduced CSA, the Agency changed the way it identified carriers involved in transporting HM. The methodology applies a more stringent Intervention Threshold for these carriers. It was noted that some carriers identified under the criteria rarely transported placardable quantities of HM, or were mistakenly identified as hauling placardable quantities of HM in the inspection form. FMCSA will tighten HM placardable inspection criteria, while keeping the HM review and permit criteria, to focus intervention resources on carriers involved in the majority of placardable HM transport. For a carrier to be subject to the HM threshold due to HM inspection activity, that carrier must have: At least two HM placardable inspections within the past 24 months, with one inspection occurring within the past 12 months; and HM placardable inspections as at least 5% of its total inspections. 6. More accurately identifying carriers involved in transporting passengers. Summary: Motor carriers subject to the passenger carrier threshold in the SMS are held to a significantly higher standard than non-passenger carriers. Enforcement stakeholders support updating this definition within the SMS to better focus FMCSA resources on carriers involved in passenger transportation. FMCSA will update the definition of passenger carrier within the SMS as follows: Add all for-hire carriers with 9-15 passenger capacity vehicles and private carriers with 16-plus passenger capacity vehicles, as these carriers/entities are under FMCSA’s authority. Remove all carriers with only 1-8 capacity vehicles and private carriers with 1-15 passenger capacity vehicles (effectively removing many limousines, vans, taxis, etc.), as these carriers/entities are generally outside most of FMCSA’s authority. Remove carriers where less than 2% of their respective fleets are passenger vehicles to exclude carriers that do not transport passengers as a significant part of their businesses. 7. Modify the SMS display. Summary: Change current terminology, “inconclusive” and “insufficient data,” to fact-based descriptions. Separate crashes with injuries and crashes with fatalities. Additionally the Fatigue (HOS) BASIC will be renamed to the Hours of Service (HOS) Compliance BASIC. For more detail information on these enhancements, download the foundational document at: https://csa.fmcsa.dot.gov/Documents/SMS_FoundationalDoc_Final.pdf or review the entire SMS Methodology document at: http://csa.fmcsa.dot.gov/Documents/SMS_Methodology_Carrier_V3-0.pdf.



• Download the foundational document at: https://csa.fmcsa.dot.gov/Documents/SMS_FoundationalDoc_Final.pdf ; or

• Review the entire SMS Methodology document at: http://csa.fmcsa.dot.gov/Documents/SMS_Methodology_Carrier_V3-0.pdf.

CSA Changes: Website URLs

Presenter

Presentation Notes

Modify the SMS display. Summary: Change current terminology, “inconclusive” and “insufficient data,” to fact-based descriptions. Separate crashes with injuries and crashes with fatalities. Additionally the Fatigue (HOS) BASIC will be renamed to the Hours of Service (HOS) Compliance BASIC. For more detailed information on these enhancements, download the foundational document at: https://csa.fmcsa.dot.gov/Documents/SMS_FoundationalDoc_Final.pdf or review the entire SMS Methodology document at: http://csa.fmcsa.dot.gov/Documents/SMS_Methodology_Carrier_V3-0.pdf.

https://csa.fmcsa.dot.gov/Documents/SMS_FoundationalDoc_Final.pdf

https://csa.fmcsa.dot.gov/Documents/SMS_FoundationalDoc_Final.pdf

http://csa.fmcsa.dot.gov/Documents/SMS_Methodology_Carrier_V3-0.pdf

http://csa.fmcsa.dot.gov/Documents/SMS_Methodology_Carrier_V3-0.pdf



BASIC Passenger HM All Other Carriers Carriers Carriers Unsafe Driving Fatigued Driving 50 60 65 Crash ----------------------------------------------------------------------------------------------- Driver Fitness Controlled Sub/Alc 65 75 80 Vehicle Maintenance ----------------------------------------------------------------------------------------------- Hazmat Compliance 80 80 80

CSA BASIC THRESHOLD PERCENTILEs

Presenter

Presentation Notes

See slides 14, 15 and 16 for the criteria for a motor carrier to fall into the “HM Carriers” threshold, and for its violations to appear in the HM BASIC. We will discuss in a few minutes.



• Received 2 roadside inspections within last 24-months, with 1 in last 12-months, where “placarding required” is indicated;

• Placarded inspections must represent at least 5% of total inspections for the carrier; or

• Holds a valid Hazardous Materials Safety Permit per 49 CFR Part 385

SMS HM Threshold Definition

Presenter

Presentation Notes

All CVSA Levels of Inspection: I – VI count. I:Full Driver and Vehicle II: Driver and Vehicle Walk-Around III:Driver-only IV:Special Study V:Vehicle-only VI:HRCQ RAM VII:State-Specific (Not counted for threshold inclusion)



• Received 5 inspections in last 24-months where placards were indicated

• CVSA Inspection Levels: o I – Full Inspection o II – Driver / Vehicle Walk-Around oV – Vehicle Only oVI – RAM

SMS HM BASIC Carrier Definition

Presenter

Presentation Notes

This is different than the threshold. All inspections that indicate “placarding” from CVSA Inspection Levels I, II, V and VI are considered. In order to have a score in this BASIC, the motor carrier will have to have at least 5 placarded inspections within the previous 24-months.



Data Quality

Presenter

Presentation Notes

One of the HM Division priorities is to improve data quality on roadside HM inspections. Improvements can be made through the efforts of roadside inspectors making sure that violations are properly cited, and by motor carriers questioning violations that do not appear to be correct. The proper way to challenge is through DataQ’s. This is located on the FMCSA website at https://dataqs.fmcsa.dot.gov/login.asp



• 91 sections that require FMCSA to: oInitiate Rulemaking oInitiate Policy oAmend Existing Policy oChange an Existing Program oChange or Add an IT Requirement oChange or Add Penalty Assessments

MAP-21 For FMCSA



• Section 33008 – Hazmat Enforcement Training • Section 33009 – Perishable Loads • Section 33013 – Highway Routing of HM

oAddition of State requirements for reporting new routes oRequires States to supply POC information for routing

• Section 33014 – HM Safety Permits oReport to Congress on whether rulemaking is necessary oRulemaking, if study shows that it is necessary

MAP-21 For FMCSA: HM Specific

Presenter

Presentation Notes

Section 33008 – Hazmat Enforcement Training: Need to work with PHMSA to ensure that the present FMCSA / MCSAP / CVSA certification and recertification processes are maintained. Section 33009 – Perishable Loads: This will require rulemaking by PHMSA, but will cause FMCSA to amend it’s policy on Part 109 implementation. Section 33013 – Highway Routing of HM Addition of State requirements for reporting new routes. Also adds a requirement for states to provide POC information. Will require rulmaking. Section 33014 – HM Safety Permits Report to Congress on whether rulemaking is necessary Rulemaking, if study shows that it is necessary



The Goal To reduce the

number of serious highway incidents and fatalities that involve hazardous materials.

Presenter

Presentation Notes

This is what we strive to do everyday we approach the doors of DOT. A serious highway incident is one that: PHMSA defines "serious incidents" as incidents that involve: a fatality or major injury caused by the release of a hazardous material, the evacuation of 25 or more persons as a result of release of a hazardous material or exposure to fire, a release or exposure to fire which results in the closure of a major transportation artery, the alteration of an aircraft flight plan or operation, the release of radioactive materials from Type B packaging, the release of over 11.9 gallons or 88.2 pounds of a severe marine pollutant, or the release of a bulk quantity (over 119 gallons or 882 pounds) of a hazardous material. The crash depicted: ARCHDALE, NC (AP) -- Motorists on Interstate 85 in North Carolina are forced to detour, and homes and a school are evacuated after a tractor-trailer carrying explosives overturned. The North Carolina Transportation Department says the Monday morning crash in Archdale near High Point is expected to keep I-85 closed in both directions until Monday evening. A Randolph County Schools spokeswoman said nearby Trindale Elementary School was evacuated as a precaution just as the school day started. Randolph County EMS says the crash happened around 7 a.m. The truck was carrying an ammonium nitrate slurry and blasting caps. Authorities say the explosives inside the truck were "stable" and all ignition sources removed. The truck driver was taken to High Point Regional Hospital, then flown to Wake Forest Baptist Medical Center in Winston-Salem.



Summary

• Raise the bar to entry • Raise the bar for continuing operations • Remove bad drivers from the road



Paul Bomgardner Chief – Hazardous Materials Division U. S. Department of Transportation

Federal Motor Carrier Safety Administration 1200 New Jersey Avenue, SE

MC-ECH, West Building W63-303 Washington, DC 20590

202-493-0027 [email protected]

Contact Information

Presenter

Presentation Notes