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Frequently Asked Questions (FAQ) - Hazardous Materials
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1. 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. 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.
Back to Questions2. Why Is FMCSA requiring an HM Safety Permit?
There
were several compelling reasons for the rulemaking. Congress passed a
law (49 U.S.C. 5109) which required FMCSA 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 a 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.
Back to Questions3. 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.
Back to Questions4. How many carriers are expected to need an HM Safety Permit?
When
it was published the rule affected about 3,100 carriers, of which about
1,000 are intrastate carriers and 2,100 were interstate carriers. Of
this total number affected, about 2,400 of these carriers were small
businesses.
Back to Questions5.
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.
Back to Questions6.
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.
Back to Questions7. 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.
Back to Questions8. 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.
Back to Questions9.
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.
Back to Questions10. What percentage of commercial motor vehicle (CMV) drivers wear safety belts?
The 2005 CMV Safety Belt Usage Study
showed that only 54 percent of all commercial vehicle drivers wear
safety belts. The study dispels the conventional belief that
professional truck drivers are more likely to wear safety belts than
drivers of passenger vehicles, 82 percent of whom wear safety belts.
Back to Questions11. How is the "Top 30%" OOS, Hazmat violations, and crash ratings calculated?
The
"top 30%" is a factor defined by examining ALL motor carriers
registered for a USDOT Number. 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 at the 70th percentile. The
"top 30%" threshold rates will remain static rather than change every
two years and are published on the FMCSA website, http://www.safersys.org/HazMatRates.aspx, for motor carriers to determine their ability to transport permitted HM.
Since
the inception of the program, data from the entire eight year period
was used in the calculations for the new fixed rates. The threshold rate
calculation included only carriers that had at least 12 inspections
over the 8 years. The top (worst-performing) 30% of the National
averages were determined by establishing a cut-off at the numerical
threshold value located at the 70th percentile in each category using
eight years of data. All carriers with a driver, vehicle, or HM OOS rate
less than the cut-off are considered to be below the National Average
for each category, and, therefore, eligible for participation in the
program. Carriers with a driver, vehicle, or HM OOS rate that is equal
to or greater than the cutoff in each category are in the 30%, or the
worst-performing category, and will be denied an HMSP.
Motor carriers that transport permitted HM may obtain their out-of-service rates from their Company Safety Profile (obtained at http://safer.fmcsa.dot.gov/CSP_Order.asp ) and compare it to the national rates posted on the FMCSA website.
In
order to calculate the fixed crash rate the 8-year period, since the
inception of the program, was divided into four 2-year periods.
Qualifying motor carriers had at least 2 crashes in at least one 2-year
period. Then the number of power units for each qualifying 2-year period
was captured based on snapshots taken immediately after the end of each
FY. The crash rate for each 2-year period motor carrier was then
determined in each time period by taking the number of crashes indicated
and dividing by the number of power units times two. Finally, all
carrier/time period combinations were ranked based on crash rate, with a
resulting crash rate threshold at the 70th percentile of 0.136.
A
motor carrier may determine its crash rate as the number of crashes
divided by the number of power units as follows: HM Permitted Motor
Carrier crash rate = Number of crashes in the past 365 days / total
number of power units (operating).
The New Fixed Rates are-:
Driver: 9.68; Vehicle: 33.3; HM: 6.82; Crash: 0.136. These rates are now
in effect and are being used to establish a company's eligibility for
an HMSP. Detailed information on the method used to calculate these
rates is published on FMCSA's SAFER website at http://www.safersys.org/HazMatRates.aspx. The Federal Register notification can be viewed at http://www.gpo.gov/fdsys/pkg/FR-2012-06-27/pdf/2012-15740.pdf.
Back to Questions12. 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 PHMSA.
-
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.
Back to Questions15. When do I need to have my HM Safety Permit?
AFTER
JANUARY 1, 2005, registered motor carriers that are required to have an
HM Safety Permit must apply for it before their next biennial update
(filing the MCS-150) is due. A motor carrier that has not filed an
MCS-150 form prior to January 1, 2005 must hold an HM Safety Permit or a
Temporary HM Safety Permit before transporting hazardous materials
(HM).
Back to Questions16. 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).
Back to Questions17. 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. Back to Questions18.
Do
the permitting requirements apply to materials that have subsidiary
hazards that come under the materials list, even if their primary hazard
does not? Example: A Flammable Liquid, Class 3, is 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.
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