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PHMSA Multi-modal Seminar

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PHMSA Multi-modal Seminar Transporting Hazardous Materials by Highway Ryan F. Paquet, P.G. Transportation Specialist – PowerPoint PPT presentation

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Title: PHMSA Multi-modal Seminar


1
PHMSA Multi-modal Seminar
  • Transporting Hazardous Materials by Highway
  • Ryan F. Paquet, P.G.
  • Transportation Specialist

2
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
  • RDT on Operational Safety of Commercial Vehicles
    and Carriers

3
FMCSA Jurisdiction
  • The offering of hazardous materials for
    transportation and the transportation of
    hazardous materials in interstate, intrastate and
    foreign commerce by highway.

4
FMCSA Compliance Enforcement Program
  • Motor Carriers
  • HM Motor Carriers
  • HM Shippers
  • Cargo tank testing, inspection, repair and
    manufacturing facilities

5
Shipper 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

6
Part 177 Carriage by Public Highway
  • Requirements applicable to the acceptance and
    transportation of hazardous materials by private,
    common, or contract motor carriers

7
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

8
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.

9
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

10
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

11
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

12
Hazmat training Part 172Subpart H
  • General awareness familiarization training
  • Function-specific training
  • Safety training
  • Security awareness training
  • In-depth security training

13
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)

14
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

15
Training 177.816
  • Additional Driver Training
  • Pre-trip
  • Vehicle controls equipment
  • Emergency equipment
  • Operation of vehicle
  • Roll Stability
  • Speed
  • Tunnels
  • Attendance
  • Parking
  • Loading and Unloading

16
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

17
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

18
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

19
Shipping Papers 172.202
  • Proper shipping name
  • Hazard class
  • Identification number
  • Packing group
  • Must be shown in sequence
  • Total quantity

20
Shipping Papers
  • Basic description.
  • Additional requirements (e.g. Inhalation
    Hazard).
  • Emergency Response Telephone .

49 CFR 177.817 172.200
21
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.

22
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

23
Shipping Papers 172.203
  • Exemption number
  • Limited Quantities
  • Hazardous Substances - RQ
  • Anhydrous Ammonia
  • Technical names for NOS
  • Poisonous materials

24
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

25
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

26
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

27
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

28
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

29
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.

30
Loading and Unloading
  • Sections 177.835 through 177.842 contain
    additional requirements for loading and unloading
    for specific hazard classes

31
Segregation
  • Must load in accordance with tables.
  • 2 Tables HM by Class Explosives

49 CFR 177.848
32
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 Fertilizer
  • Blank indicates no restrictions

33
Security 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

34
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

35
Security Plan
  • At a minimum, must include the following
  • - Personnel Security
  • - Unauthorized Access
  • - En Route Security

36
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

37
Federal 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."

38
Federal 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.

39
Federal 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.

40
Federal 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

41
Federal 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

42
Hazardous Materials Safety Permit Program
  • Here we go!

49 CFR 385.401 - 423
43
Hazardous 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
44
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
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
46
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
47
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

48
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
49
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
50
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
51
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
52
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
53
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
54
Facility 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
55
Facility InspectionsWhat We Look For
  • Inspect vehicles
  • Inspect packages
  • Verify repair reports
  • Verify employee training
  • Review HM Training Security Plans

56
Facility InspectionsWhat We Find
57
Facility InspectionsWhat We Find
58
Facility InspectionsWhat We Find
59
Facility InspectionsWhat We Look Like
60
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

61
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

62
Questions...
  • 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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