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Starting January 1, 2005, the HM Safety Permitting Program will start phasing in, requiring carriers of certain hazardous materials to hold an HM Safety Permit issued by the Federal Motor Carrier Safety Administration. The Final Rule and Supplemental Notice of Proposed Rulemaking are available below. Please refer to this site in the future as we will add more information as it becomes available. The following is a list of FREQUENTLY ASKED QUESTIONS (FAQ) about the program. Just click on the question to see the answer, or scroll down to review all questions and answers.
What Hazardous Materials Require An HM Safety Permit?
Do The Permitting Requirements Apply To Materials That Have Subsidiary Hazards That Fall In The Materials List, Even If Their Primary Hazard Does Not? Example: A Flammable Liquid, Class 3, Has A Subsidiary Poison Inhalation Hazard.
Are Shipments Of LPG Covered Under The HM Safety Permit Program?
Is Anhydrous Ammonia Covered Under The HM Safety Permit Program?
When Do I Need To Have My HM Safety Permit?
How do I Apply for An HM Safety Permit?
Where Can I Obtain The MCS-150B Form?
What Are Carriers Required To Do To Obtain And Keep An HM Safety Permit?
How Is The "Top 30%" OOS, Hazmat Violations, And Crash Ratings Calculated?
Does An Electronic GPS Tracking System, Or Other Periodic Wireless Tracking System, Fulfill The Communication Requirements In 385.415(c)?
Are Carriers Required To Have Their Communications Plan and Routing Contact Phone Number In Place During The Phase-In Period After 1/1/05 But Before They File The MCS-150B?
Are Government Entities Covered Under The HM Safety Permit Regulations?
Does The HM Safety Permit Requirements Apply To U.S. Territories Such As Puerto Rico?
What Are The Logistics For A Permitted Load That Is Transported By More Than One Mode? For Example, A Permitted Load Is Transferred To An Ocean Vessel
When Are Level VI Inspections Required To Be Performed For International Shipments Of Highway Route Controlled Quantities Of Radioactive Materials?
How Many Carriers Are Expected To Need An HM Safety Permit?
Why Is FMCSA Requiring An HM Safety Permit?
Are team drivers required to contact the motor carrier each time they switch from sleeper berth to driving and back?
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Federal Motor Carrier Safety Regulations: Hazardous Materials Safety Permits;
Final rule; RIN 2126-AA07; Docket FMCSA-97-2180; (69 FR 39350);
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Hazardous Materials Safety Permits;
Supplemental Notice of Proposed Rulemaking (SNPRM); RIN 2126-AA07; (68 FR 49737)
What Hazardous Materials Require An HM Safety Permit?
The following hazardous materials carried in these quantity amounts will require an HM Safety Permit:
Radioactive Materials: A highway route-controlled quantity of Class 7 material, as defined in 173.403 of 49 CFR. Explosives: More than 25kg (55 pounds) of a Division 1.1, 1.2 or 1.3 material, or an amount of a Division 1.5 material requiring a placard under Part 172 Subpart F of 49 CFR. - Toxic by Inhalation Materials:
Hazard Zone A: More that one liter (1.08 quarts) per package of a "material poisonous by inhalation," as defined in 171.8 of 49 CFR, that meets the criteria for "hazard zone A," as specified in 173.116(a) or 173.133(a) of 49 CFR.
Hazard Zone B: A "material poisonous by inhalation," as defined in 171.8 of this title, that meets the criteria for "hazard zone B," as specified in 173.116(a) or 173.133(a) of 49 CFR in a bulk packaging (capacity greater than 450 L [119 gallons]).
Hazard Zone C & D: A "material poisonous by inhalation," as defined in 171.8 of this title, that meets the criteria for "hazard zone C," or "hazard zone D," as specified in 173.116(a) of this title, in a packaging having a capacity equal to or greater than 13,248 L (3,500 gallons).
- Methane: A shipment of compressed or refrigerated liquefied methane or liquefied natural gas or other liquefied gas with a methane content of at least 85% in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases.
Do The Permitting Requirements Apply To Materials That Have Subsidiary Hazards That Fall In The Materials List, Even If Their Primary Hazard Does Not? Example: A Flammable Liquid, Class 3, Has A Subsidiary Poison Inhalation Hazard.
Materials poisonous by inhalation that meet the definitions in 171.8, 173.116(a) and 173.133(a) will require a permit regardless of other hazards the materials may exhibit. Materials will generally not have a subsidiary radioactive or explosive hazard as these hazards would be considered the primary hazard. Liquefied gases must have at least 85% methane content to require a permit, or meet the definitions of materials toxic by inhalation, explosive or radioactive.
Are Shipments Of LPG Covered Under The HM Safety Permit Program?
No. Only shipments of flammable gas containing at least 85% methane content are covered by the HM Safety Permit program.
Is Anhydrous Ammonia Covered Under The HM Safety Permit Program?
Yes. Even though anhydrous ammonia is regulated domestically as a non-flammable gas, anhydrous ammonia still meets the definition of a toxic by inhalation material Hazard Zone D and is covered when transported in a packaging having a capacity greater than 13,248 L (3,500 gallons).
When Do I Need To Have My HM Safety Permit?
Motor carriers will be required to apply for the HM Safety Permit, or a Temporary HM Safety Permit, the next time they renew their biennial update (filing the MCS-150) AFTER JANUARY 1, 2005. For a motor carrier, such as an intrastate carrier, that has not, prior to January 1, 2005, filed an MCS-150 form, AFTER JANUARY 1, 2005, they must hold the HM Safety Permit or a Temporary HM Safety Permit in order to transport the permitted hazardous materials (HM).
How do I Apply for An HM Safety Permit?
When a motor carrier is required to submit their MCS-150 form, the motor carrier simply completes the MCS-150B form in the place of the MCS-150. This starts the permit application process. If a motor carrier has not previously submitted an MCS-150 form to FMCSA, then they would simply fill out the MCS-150B to start the application process.
Downloadable versions of the MCS-150B are available at SAFER. The forms may be mailed to the enclosed address or faxed to 703-280-4003.
On-line applications can be completed by visiting the following link On-line Form.
Where Can I Obtain The MCS-150B Form?
Hard copies of the MCS-150B are available through each FMCSA District Office.
Downloadable versions of the MCS-150B are available at SAFER. The forms may be mailed to the enclosed address or faxed to 703-280-4003.
On-line applications can be completed by visiting the following link On-line Form.
What Are Carriers Required To Do To Obtain And Keep An HM Safety Permit?
Carriers will be required to:
- Maintain a "satisfactory" safety rating in order to obtain and hold a safety permit.
- Maintain their crash rating, and their driver, vehicle, hazardous materials or out-of service rating so they are not in the worse 30 percent of the national average as indicated in FMCSA's Motor Carrier Management Information System (MCMIS).
- Have a satisfactory security program (and associated training) according to 49 CFR 173.800 in place.
- Maintain registration with RSPA.
- Develop a system of communication that will enable the vehicle operator to contact the motor carrier during the course of transportation and maintain records of these communications.
- Have written route plan required for radioactive materials set forth in 49 CFR 397.101 and for explosives in Part 397.19 (currently required).
- Perform a pre-trip inspection (North American Standard (NAS) Level VI Inspection Program for Radioactive Shipments) for shipments containing highway route controlled Class 7 (radioactive) materials.
There will be a process for issuing temporary safety permits, revoking and suspending a safety permit, and appealing decisions to suspend or revoke a safety permit.
How Is The "Top 30%" OOS, Hazmat Violations, And Crash Ratings Calculated?
The "top 30%" is a factor defined by examining ALL motor carriers within the MCMIS. The factor establishes a threshold where in the total population of motor carriers, 30% of them fall above the number for out-of-service rates and crashes. The "top 30%" threshold would be numerical values that will be published on the FMCSA website for motor carriers to determine their ability to transport permitted HM.
The national crash rate for the motor carriers that transport HM is determined by using motor carriers with two or more crashes reflected in MCMIS. A motor carrier would determine its crash rate as the number of crashes divided by the number of power units. The simple formula would be expressed as follows:
HM Permitted Motor Carrier crash rate = Number of crashes in the past 365 days / total number of power units (operating).
The out-of-service and crash rates will be recalculated every 24 months.
Motor carriers that transport permitted HM will obtain their out-of-service rates from their profile and compare it to the national rates posted on the FMCSA website.
Does An Electronic GPS Tracking System, Or Other Periodic Wireless Tracking System, Fulfill The Communication Requirements In 385.415(c)?
Yes. However, the carrier (or driver) will have to keep a record of communications with the necessary information (date, time, location, driver's name, truck ID). These records can be kept electronically. The information may be stored in separate databases, as long as the information can be correlated at the request of an official in a timely manner.
Are Carriers Required To Have Their Communications Plan and Routing Contact Phone Number In Place During The Phase-In Period After 1/1/05 But Before They File The MCS-150B?
No. Carriers are not required to comply with the permitting requirements before they apply for their HM Safety Permit during the phase-in period. FMCSA recommends companies set up these systems ahead of applying for their HM Safety Permit to make sure they work and will be in compliance once the permit is issued.
Are Government Entities Covered Under The HM Safety Permit Regulations?
No. Government entities do not fall under the definition of a motor carrier. Private contractors working for a government entity are considered motor carriers and are covered by the HM Safety Permit regulations.
Does The HM Safety Permit Requirements Apply To U.S. Territories Such As Puerto Rico?
Yes. The HM Safety Permit requirements are enacted under the authority of the Hazardous Materials Law, which applies to U.S. Territories.
What Are The Logistics For A Permitted Load That Is Transported By More Than One Mode? For Example, A Permitted Load Is Transferred To An Ocean Vessel
The HM Safety Permit is only required for motor carriers. A motor carrier's HM Safety Permit-related responsibilities end when the material is transferred to the next mode. Subsequently, permit-related responsibilities begin when the motor carrier assumes responsibility for the material.
In the case of the example, above, when the motor carrier has delivered the permitted load to the vessel operator's facility, then the motor carrier's permit-related responsibility ends.
When Are Level VI Inspections Required To Be Performed For International Shipments Of Highway Route Controlled Quantities Of Radioactive Materials?
For international shipments, the Level VI inspection must be performed on a highway route controlled quantity of radioactive materials before entering the United States. The HM Safety Permit program does not impose any new requirements in the area of performing Level VI inspections.
How Many Carriers Are Expected To Need An HM Safety Permit?
We expect the rule will affect about 3,100 carriers, of which about 1,000 are intrastate carriers and 2,100 are interstate carriers. Of this total number affected, we estimate about 2,400 of these carriers would be small businesses.
Why Is FMCSA Requiring An HM Safety Permit?
There were several compelling reasons for the rulemaking. FMCSA is required a law passed by Congress (49 U.S.C. 5109) to have a permit program. In addition, as part of a settlement agreement with safety organizations, FMCSA agreed to publish a permitting rule by the end of June, 2004.
FMCSA also recognizes that an HM permitting program would produce safety and security benefits. FMCSA estimates that the rule will prevent 7 crashes of the regulated materials per year, saving approximately $3.6 million annually. In addition, increased security from the permit program reduces the chance these materials could be used in a terrorist attack.
Are team drivers required to contact the motor carrier each time they switch from sleeper berth to driving and back?
No, team drivers are not required to contact the motor carrier each time they switch drivers. Team drivers normally transition between driving and off-duty approximately every five (5) hours. The minimum number of contacts per day from team drivers to the motor carrier is two (2) per day with a maximum of fourteen (14) hours between each contact, and at each pickup and delivery of a permitted load.
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