us department of transportation federal motor carrier administration phmsa multi-modal seminar...
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US Department of Transportation
Federal Motor Carrier
Administration
PHMSA Multi-modal Seminar
Transporting Hazardous Materials by Highway
Ryan F. Paquet, P.G.
Transportation Specialist
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
Administration
FMCSA Jurisdiction
• The offering of hazardous materials for transportation and the transportation of hazardous materials in interstate, intrastate and foreign commerce by highway….
US Department of Transportation
Federal Motor Carrier
Administration
FMCSA Compliance & Enforcement Program
• Motor Carriers
• HM Motor Carriers
• HM Shippers
• Cargo tank testing, inspection, repair and manufacturing facilities
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor 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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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.
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
Administration
Hazmat training – Part 172Subpart H
• General awareness familiarization training
• Function-specific training
• Safety training
• Security awareness training
• In-depth security training
US Department of Transportation
Federal Motor Carrier
Administration
Hazmat training – Part 172Subpart H
• 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)
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
Administration
Shipping Papers – 172.201
• 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
US Department of Transportation
Federal Motor Carrier
Administration
Shipping Papers – 172.202
• Proper shipping name
• Hazard class
• Identification number
• Packing group
• Must be shown in sequence
• Total quantity
US Department of Transportation
Federal Motor Carrier
Administration
Shipping Papers
• Basic description.
• Additional requirements (e.g. “Inhalation Hazard”).
• Emergency Response Telephone #.
49 CFR 177.817 & 172.200
US Department of Transportation
Federal Motor Carrier
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.
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
Administration
Shipping Papers – 172.203
• Exemption number
• Limited Quantities
• Hazardous Substances - RQ
• Anhydrous Ammonia
• Technical names for NOS
• Poisonous materials
US Department of Transportation
Federal Motor Carrier
Administration
Shipping Papers – 177.817
• Shipping paper accessibility• Retention - 375 days after acceptance - must include date of acceptance - multiple shipments of a single hazardous material
Example - Gasoline
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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.
US Department of Transportation
Federal Motor Carrier
Administration
Loading and Unloading
• Sections 177.835 through 177.842 contain additional requirements for loading and unloading for specific hazard classes
US Department of Transportation
Federal Motor Carrier
Administration
Segregation• Must load in accordance with
tables.
• 2 Tables: HM by Class & Explosives
49 CFR 177.848
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
Administration
Security Plan
• At a minimum, must include the following:
- Personnel Security
- Unauthorized Access
- En Route Security
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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)
US Department of Transportation
Federal Motor Carrier
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.
Federal Motor Carrier Safety Regs (FMCSRs)
US Department of Transportation
Federal Motor Carrier
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.
Federal Motor Carrier Safety Regs (FMCSRs)
US Department of Transportation
Federal Motor Carrier
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
Federal Motor Carrier Safety Regs (FMCSRs)
US Department of Transportation
Federal Motor Carrier
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
Federal Motor Carrier Safety Regs (FMCSRs)
US Department of Transportation
Federal Motor Carrier
Administration
Hazardous Materials Safety Permit Program
Here we go!
49 CFR 385.401 - 423
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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 #
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
Administration
Facility Inspections:What We Look For
• Inspect vehicles
• Inspect packages
• Verify repair reports
• Verify employee training
• Review HM Training & Security Plans
US Department of Transportation
Federal Motor Carrier
Administration
Facility Inspections:What We Find
US Department of Transportation
Federal Motor Carrier
Administration
Facility Inspections:What We Find
US Department of Transportation
Federal Motor Carrier
Administration
Facility Inspections:What We Find
US Department of Transportation
Federal Motor Carrier
Administration
Facility Inspections:What We Look Like
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
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
US Department of Transportation
Federal Motor Carrier
Administration
Ryan F Paquet, P.G.
Transportation Specialist
400 7th Street S.W.
Washington, DC 20590
202-366-0476
US Department of Transportation
Federal Motor Carrier
Administration
US Department of Transportation
Federal Motor Carrier
Administration