Title: PHMSA Multi-modal Seminar
1PHMSA Multi-modal Seminar
- Transporting Hazardous Materials by Highway
- Ryan F. Paquet, P.G.
- Transportation Specialist
2Federal 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 - RDT on Operational Safety of Commercial Vehicles
and Carriers
3FMCSA Jurisdiction
- The offering of hazardous materials for
transportation and the transportation of
hazardous materials in interstate, intrastate and
foreign commerce by highway.
4FMCSA Compliance Enforcement Program
- Motor Carriers
- HM Motor Carriers
- HM Shippers
- Cargo tank testing, inspection, repair and
manufacturing facilities
5Shipper Vs. Carrier Responsibilities
- Shipper
- Classify hazmat
- Packaging
- Shipping papers, emergency info phone
- Communication marking, labeling, Placarding
- Compatibility
- Blocking bracing
- Shippers certification
Carrier
- 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
6Part 177 Carriage by Public Highway
- Requirements applicable to the acceptance and
transportation of hazardous materials by private,
common, or contract motor carriers
7Unacceptable 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
8Highway 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.
9Training 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
10Hazmat 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
11Hazmat 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
12Hazmat training Part 172Subpart H
- General awareness familiarization training
- Function-specific training
- Safety training
- Security awareness training
- In-depth security training
13Hazmat 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)
14Hazmat 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
15Training 177.816
- Additional Driver Training
- Pre-trip
- Vehicle controls equipment
- Emergency equipment
- Operation of vehicle
- Roll Stability
- Speed
- Tunnels
- Attendance
- Parking
- Loading and Unloading
16Additional 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
17Shipping 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
18Shipping 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
19Shipping Papers 172.202
- Proper shipping name
- Hazard class
- Identification number
- Packing group
- Must be shown in sequence
- Total quantity
20Shipping Papers
- Basic description.
- Additional requirements (e.g. Inhalation
Hazard). - Emergency Response Telephone .
49 CFR 177.817 172.200
21Emergency Response Information
- Must accompany each shipment.
- Maintained on the vehicle in the same manner as a
shipping paper. - MSDS/Emergency response guidebook are acceptable.
22Shipping 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
23Shipping Papers 172.203
- Exemption number
- Limited Quantities
- Hazardous Substances - RQ
- Anhydrous Ammonia
- Technical names for NOS
- Poisonous materials
24Shipping 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
-
25Movement 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
26Marking 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
27Placarding 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
28Loading 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
29Loading 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.
30Loading and Unloading
- Sections 177.835 through 177.842 contain
additional requirements for loading and unloading
for specific hazard classes
31Segregation
- Must load in accordance with tables.
- 2 Tables HM by Class Explosives
49 CFR 177.848
32Segregation 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 Fertilizer
- Blank indicates no restrictions
33Security Plans172.800
- The 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
gt 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
34Security 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
35Security Plan
- At a minimum, must include the following
- - Personnel Security
- - Unauthorized Access
- - En Route Security
36Security 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
37Federal Motor Carrier Safety Regs (FMCSRs)
- 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."
38Federal Motor Carrier Safety Regs (FMCSRs)
- 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.
-
39Federal Motor Carrier Safety Regs (FMCSRs)
- 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. -
40Federal Motor Carrier Safety Regs (FMCSRs)
- Fire Extinguisher 393.95
- One extinguisher with a UL rating of 10 BC, if
the vehicle is transporting placardable
quantities of hazardous material -
-
41Federal Motor Carrier Safety Regs (FMCSRs)
- 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
42Hazardous Materials Safety Permit Program
49 CFR 385.401 - 423
43Hazardous Materials Safety Permit
- Interstate, intrastate and foreign commerce
- Carriers that transport high hazard materials
- Highway Route Controlled Quantities (HRCQ) RAM
- Div 1.1, 1.2 or 1.3 in a quantity gtthan 25kg (55
lbs) - Division 1.5 materials requiring placarding
- PIH Hazard Zone A in a quantity gt 1L (1.08
quarts) - PIH Hazard zone B in a bulk packing
- PIH Hazard Zone C and D in a package gt 13,248 l
(3,500 gallons) - Liquefied Natural Gas with gt 85 Methane, in a
package gt 13,248 l (3500 gals)
49 CFR 385.403
44Conditions 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
45 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
46Conditions 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
47Intrastate 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
48Operational 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
49Temporary 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
50State 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
51Revocation 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
52Revocation 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
53Suspension 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
54Facility InspectionsWhat 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
55Facility InspectionsWhat We Look For
- Inspect vehicles
- Inspect packages
- Verify repair reports
- Verify employee training
- Review HM Training Security Plans
56Facility InspectionsWhat We Find
57Facility InspectionsWhat We Find
58Facility InspectionsWhat We Find
59Facility InspectionsWhat We Look Like
60For 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
61Federal 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
62Questions...
- Ryan F Paquet, P.G.
- Transportation Specialist
- 400 7th Street S.W.
- Washington, DC 20590
- 202-366-0476
- ryan.paquet_at_fmcsa.dot.gov
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