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FMCSA Finalizes Rulemaking to Initiate Hazardous Materials Transportion Permit System

By Roberta C. Barbalace

Overview

On June 30, 2004 The Federal Motor Carrier Safety Administration finalized the rulemaking that requires transporters of certain hazardous materials to be permitted by FMCSR. The purpose of the rulemaking is to enhance the safety and security of HM shipments. This Safety Permit is in addition to the current requirements for The USDOT Hazardous Materials Transporter Certificate of Registration and any other state or local hazardous materials or hazardous waste permits presently required.

Materials requiring a permit under this final ruling include:

• Highway route-controlled quantity of Class 7, Radioactive Materials
• Explosives as described below
  • More than 25kg (55 pounds) of a Division 1.1, 1.2 or 1.3 material
  • An amount of 1.5 material requiring a placard under 172 Subpart F of 49CFR
• Toxic by Inhalation (2.3 and 6.1) Materials as described below:
  • A shipment of Hazard Zone A materials in a packaging with a capacity greater than 1 liter (0.26 gallons)
  • A shipment of Hazard Zone B materials in a bulk packaging (greater than 450 liters [119 gallons])
  • A shipment of Hazard Zone C or D materials in a bulk packaging having a capacity equal to or greater than 13,248 liters (3,500 gallons)
• A shipment of compressed or refrigerated liquid methane or natural gas or other liquefied gas with a methane content of at least 85% in a bulk container having a capacity equal to or greater than 13,248 liters (3,500 gallons) for liquids or gases.

The implementation of the Safety Permit will be phased in beginning January 1,2005. A motor carrier that is not already involved in the transport of a permitted material on January 1, 2005 will be required to apply and receive a safety permit prior to transporting any permitted material. Hazmat carriers will complete Form MCS-150B in lieu of Form MCS-150 to renew both their permit and their USDOT number. Phase-in of Safety Permit and renewal will be according to the USDOT numbering renewal system.

Renewal year

• If the next to the last digit of the USDOT number is odd, the motor carrier shall update in odd years
• If the next to the last digit of the USDOT number is even, the motor carrier shall update in even years

Renewal month

The last digit of the USDOT number determines the moth in which a motor carrier must submit renewal

USDOT# ends in	Must file by last day of
1	January
2	February
3	March
4	April
5	May
6	June
7	July
8	August
9	September
10	October

Requirements for Becoming Permitted

In order for a motor carrier to be issued a Safety Permit or have Safety Permit renewed, the following conditions must be met:

• Must have satisfactory safety rating
• Must have successfully completed FMCSA compliance review if motor carrier has , as indicated in Motor Carrier Management Information Systems (MCMIS)
  • A crash rate in the top 30 % of the national average, or
  • A driver, vehicle or HM or total out-of-service rate in the top 30 % of the national average.
• Must have a satisfactory security program in place
  • Must have a security plan in place as prescribed in 49 CFR Part 172, Subpart 1
  • Must have a means of communication that will enable the vehicle operator to contact the carrier during the course of transportation
  • Must have a means of providing HM employees with security training as required in 49 CFR part 172
• Must be registered with Research and Special Programs Administration (RSPA)

Temporary permits will be issued to motor carriers without safety ratings, but only for a period of 180 days. Such permits will only be issued to that have a satisfactory security program in place and are operating in full compliance with Hazardous Materials Regulations and FMCSR or comparable state regulations. Temporary permits will not be issued to motor carriers that have:

• A crash rate in the top 30 % of the national average, or
• A driver, vehicle or HM or total out-of-service rate in the top 30 % of the national average.

Display of Permit

The motor carrier's Safety Permit number must appear on the shipping paper, on a copy of the safety permit, or on other documents maintained in the vehicle transporting a hazardous material that requires a Safety Permit.

Driver communication

Permit holders must develop a communication plan that enables for periodic tracking of a shipment. This may be accomplished through phone calls or electronic monitoring or tracking systems. A minimum of two calls (when loading and unloading or at the beginning and one at the end of each duty period) must be made. Calls should be made during periodic rests (taken for reasons other than making the call). If a company suspects that a shipment may have been stolen diverted or is otherwise off-route because of a lack or delay in contact from the driver or for other reasons, the Transportation Security Administration should be contacted immediately. A record of driver-carrier communications must be maintained either by driver (in log book or separate log) or by the company. The log must contain:

• Time of call
• Shipment location

Records must be kept either manually or electronically for a minimum of six months at the company's principal place of business and must be readily available to employees.

For more information or to apply for a permit contact the Hazardous Materials Division of the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590-0001, or visit their website.

Citing this page

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Roberta C. Barbalace. FMCSA Finalizes Rulemaking to Initiate Hazardous Materials Transportion Permit System. EnvironmentalChemistry.com. Nov 2004. Accessed on-line: 12/21/2024
https://EnvironmentalChemistry.com/yogi/hazmat/compliance/HazMatTransportionPermitSystem.html
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