US Department of Transportation Federal Motor Carrier Administration PHMSA Multi-modal Seminar Transporting Hazardous Materials by Highway Ryan F. Paquet,

US Department of Transportation

Federal Motor Carrier

Administration

PHMSA Multi-modal Seminar

Transporting Hazardous Materials by Highway

Ryan F. Paquet, P.G.

Transportation Specialist



Administration

Federal Motor Carrier Safety Administration Responsibilities

• Motor Carrier Safety/HM Regulations and Enforcement

• Improving Commercial Motor Vehicle, Operator, and Carrier Safety

• Vehicle/Carrier Inspections, Accident Investigations, and Collection of Data on Violations

• Registration and Regulation of Household Goods Transportation

• RD&T on Operational Safety of Commercial Vehicles and Carriers



Administration

FMCSA Jurisdiction

• The offering of hazardous materials for transportation and the transportation of hazardous materials in interstate, intrastate and foreign commerce by highway….



Administration

FMCSA Compliance & Enforcement Program

• Motor Carriers

• HM Motor Carriers

• HM Shippers

• Cargo tank testing, inspection, repair and manufacturing facilities



Administration

Shipper Vs. Carrier Responsibilities

Shipper• Classify hazmat• Packaging• Shipping papers,

emergency info & phone #

• Communication: marking, labeling, Placarding

• Compatibility• Blocking & bracing• Shipper’s

certification

•Shipping papers, emergency info & phone #•Communication: marking and Placarding•Loading and unloading•Compatibility•Blocking and bracing•Shipper requirements when acting as an HM shipper & motor carrier

Carrier



Administration

Part 177 – Carriage by Public Highway

• Requirements applicable to the acceptance and transportation of hazardous materials by private, common, or contract motor carriers



Administration

Unacceptable shipments177.801

• No person may accept or transport by motor vehicle a hazardous material that is not prepared in accordance with the requirements of this subchapter



Administration

Highway Transportation Requirements - Part 177

• 177.804: Motor carriers transporting HM must also comply with the Federal Motor Carrier Safety Regulations to the extent those regulations apply.



Administration

Training – 177.800 & 177.816

• A carrier may not transport a hazardous material by motor vehicle unless each of its hazmat employees involved in that transportation is trained as required by this part and subpart H of part 172



Administration

Hazmat training – Part 172 Subpart H

• A systematic program to ensure familiarity with this subchapter

• Able to recognize and identify hazardous materials

• Knowledge of specific requirements applicable to functions performed by employee

• Emergency response/self-protection measures



Administration

Hazmat training – Part 172Subpart H

• Definition of hazmat employer

• Definition of hazmat employee

• Training may be provided by the hazmat employer or other public or private source



Administration


• General awareness familiarization training

• Function-specific training

• Safety training

• Security awareness training

• In-depth security training



Administration


• Security awareness training – No later than the date of the first scheduled recurrent training after March 23, 2003 (All Hazmat employees)

• In-depth security training – By December 22, 2003 (Each employee of a person required to have a security plan)



Administration

Hazmat training – Part 172Subpart H - Recordkeeping

• Hazmat employees name

• Most recent training completion date

• Description, copy or location of training materials

• Name and address of person providing the training

• Certification that employee has been trained and tested



Administration

• Additional Driver Training– Pre-trip– Vehicle controls & equipment– Emergency equipment– Operation of vehicle

Roll Stability Speed

– Tunnels– Attendance

Parking Loading and Unloading

Training – 177.816



Administration

Additional driver training – 177.816

• The training required by this section may be satisfied by compliance with the requirements for a CDL license with a tank vehicle or hazmat endorsement

• Carrier must determine additional training requirements



Administration

Shipping Papers – 177.817

• A carrier may not transport a hazardous material unless it is accompanied by a shipping paper prepared in accordance with part 172 of this subchapter



Administration


• HM must be entered first or• Contrasting color or• Identified by HM column• No specific form specified (Except HW)• No abbreviations unless authorized• Additional information must be placed

after the basic description required• Emergency response telephone number



Administration


• Proper shipping name

• Hazard class

• Identification number

• Packing group

• Must be shown in sequence

• Total quantity



Administration

Shipping Papers

• Basic description.

• Additional requirements (e.g. “Inhalation Hazard”).

• Emergency Response Telephone #.

49 CFR 177.817 & 172.200



Administration

Emergency Response Information

•Must accompany each shipment.

•Maintained on the vehicle in the same manner as a shipping paper.

•MSDS/Emergency response guidebook are acceptable.



Administration

Shipping PapersHM-215E

• Requirement to enter the subsidiary hazard class or subsidiary division (mandatory compliance 10-01-05)

• Number and types of packages (mandatory compliance 10-01-07)

• Alternative basic description sequence



Administration


• Exemption number

• Limited Quantities

• Hazardous Substances - RQ

• Anhydrous Ammonia

• Technical names for NOS

• Poisonous materials



Administration


• Shipping paper accessibility• Retention - 375 days after acceptance - must include date of acceptance - multiple shipments of a single hazardous material

Example - Gasoline



Administration

Movement of vehicles – 177.823

• A motor carrier may not move a transport vehicle containing a hazardous material unless the vehicle is marked and placarded in accordance with part 172



Administration

Marking requirementsHM-215E

• A package containing a “limited quantity” of HM is not required to be marked with the proper shipping name provided it is marked with the identification number placed within a square-on-point border



Administration

Placarding requirements – Part 172

• Exceptions• Prohibited

placarding (drive safely)

• Exception for less than 1,001 lbs.

• Dangerous placard• Providing and

affixing placards: Highway

• Visibility and display



Administration

Loading and Unloading177.834(a)

• Any packaging, not permanently attached to a motor vehicle, must be secured against movement within the vehicle under conditions normally incident to transportation



Administration

Loading and UnloadingGeneral Requirements 177.834

• No smoking while loading or unloading– Class 1, 3, 4, 5 and 2.1

• Attended by all times by a qualified person.– Qualified person is defined in

49 CFR § 177.834(i)(4)

Note: 173.29(b)(2) – Cleaned and purged, manholes can be open.



Administration

Loading and Unloading

• Sections 177.835 through 177.842 contain additional requirements for loading and unloading for specific hazard classes



Administration

Segregation• Must load in accordance with

tables.

• 2 Tables: HM by Class & Explosives

49 CFR 177.848



Administration

Segregation of Hazardous Materials – 177.848

The following characters are used to indicate segregation requirements:

X indicates those materials may not be stored together

O indicates those materials may be stored together with restrictions

* indicates Explosive (paragraph f table)A indicates Ammonium Nitrate FertilizerBlank indicates no restrictions



Administration

Security Plans172.800The following persons who offer or transport HM in commerce must develop and implement written security plans:

Certain quantities and classes of HM Shipment of HM in a bulk package with a

capacity > 13,248 liters for liquid or 468 cubic feet for solid Shipment, other than a bulk package, single

HM class, of 2268 kg or more, requiring a placard

Quantity of HM requiring a placard Select agents/toxins regulated by CDC



Administration

Security Plan

• Must include an assessment of possible transportation security vulnerabilities for shipments of the hazardous materials listed and appropriate measures to address the assessed risks

• Specific measures put into place by the plan may vary commensurate with the level of threat at a particular time



Administration

Security Plan

• At a minimum, must include the following:

- Personnel Security

- Unauthorized Access

- En Route Security



Administration

Security Plan

• Plan must be developed by September 25, 2003

• Must be in writing and must be retained for as long as it remains in effect

• Copies of the plan must be available to employees who are responsible for implementing it

• Must be updated as necessary



Administration

• Definitions 390.5

• Every CMV must be marked (390.21)– on BOTH sides of vehicle, with

the following: The motor carrier's name or trade name The motor carrier's identification number,

preceded by the letters "US DOT."

Federal Motor Carrier Safety Regs (FMCSRs)



Administration

• Minimum Requirements: 391.11– Be at least 21 years of age. – Speak and read English – Pass a driver's road test or equivalent.

– Possess a valid medical certificate.




Administration

• Railroad crossings/stopping: 392.10– Motor vehicles transporting hazardous

materials, and most buses transporting passengers, are forbidden to cross railroad tracks without first stopping and looking both ways. Additionally, the driver must not shift gears while crossing the track.




Administration

• Fire Extinguisher: 393.95– One extinguisher with a UL rating of 10

B:C, if the vehicle is transporting placardable quantities of hazardous material




Administration

• General requirements: 396.3(a)– Every carrier shall systematically

inspect, repair, and maintain all commercial motor vehicles under its control

– Maintain records of inspections– Proof of periodic (annual inspection)

maintained on the vehicle




Administration

Hazardous Materials Safety Permit Program

Here we go!

49 CFR 385.401 - 423



Administration

Hazardous Materials Safety Permit

• Interstate, intrastate and foreign commerce• Carriers that transport high hazard

materials1. Highway Route Controlled Quantities (HRCQ)

RAM2. Div 1.1, 1.2 or 1.3 in a quantity >than 25kg (55

lbs) 3. Division 1.5 materials requiring placarding4. PIH Hazard Zone A in a quantity > 1L (1.08

quarts)5. PIH Hazard zone B in a bulk packing6. PIH Hazard Zone C and D in a package > 13,248

l (3,500 gallons)7. Liquefied Natural Gas with > 85 % Methane, in a

package > 13,248 l (3500 gals)

49 CFR 385.403



Administration

Conditions for Obtaining a Permit

• Application: MCS-150B• Safety Program

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

average– 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– Communications plan**– Security Training

• PHMSA Registration

49 CFR 385.405 and 385.407



Administration

** Conditions for Obtaining a Permit

• 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.

49 CFR 385.415



Administration

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



Administration

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 – Drug & Alcohol Testing– Part 383 – CDL Requirements– Part 385, Subpart A – General – Part 385, Subpart E – HMSP – Part 386 – Rules of Practice– Part 387 – Minimum Financial Procedures– Section 390.19 – USDOT #



Administration

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

• Pre-trip inspection of vehicles carrying HRCQ.

49 CFR 385.415



Administration

Temporary Permits

• Issued for 180 days if the carrier does not have a sat rating

• 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



Administration

State Permits

• If a state program is determined to be equivalent, a carrier that receives a state permit will also receive a Federal permit.

• Alliance States

49 CFR 385.411



Administration

Revocation and Suspension

Situations resulting in revocation and/or suspension• No renewal application• 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 PHMSA registration• Loss of operating rights or suspended registration

for failing to pay

49 CFR 385.421



Administration

Revocation and Suspension

• 1st offense = suspension• 2nd offense = revoked (365 days)• Effective

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

49 CFR 385.423



Administration

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



Administration

Facility Inspections:What We Look For

• HM Registration• Check the shipping papers on file• Review communication requirements • Determine packaging compliance• Review certificates and data reports• Check cargo tank test reports

S-6-1-1



Administration

Facility Inspections:What We Look For

• Inspect vehicles

• Inspect packages

• Verify repair reports

• Verify employee training

• Review HM Training & Security Plans



Administration

Facility Inspections:What We Find



Administration




Administration




Administration

Facility Inspections:What We Look Like



Administration

For Further Information and copies of rulemakings please see the following:

• FMCSA website at http://fmcsa.dot.gov

• Federal Registers website at http://www.access.gpo.gov

• DOT Press Releases at http://www.dot/affairs



Administration

Federal Motor Carrier Safety Administration

• What info is available?– Carrier profile: 1-800-832-5660– Safer: www.safersys.org– www.fmcsa.dot.gov

• How to report a violation:– 1-888-DOT-SAFT



Administration

Ryan F Paquet, P.G.

Transportation Specialist

400 7th Street S.W.

Washington, DC 20590

202-366-0476

[email protected]



Administration



Administration

Documents

US Department of Transportation Federal Motor Carrier Administration PHMSA Multi-modal Seminar Transporting Hazardous Materials by Highway Ryan F. Paquet,