PHMSA Multi-modal Seminar

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PHMSA Multi-modal Seminar

• Transporting Hazardous Materials by Highway
• Ryan F. Paquet, P.G.
• Transportation Specialist

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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

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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

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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

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Part 177 Carriage by Public Highway

• Requirements applicable to the acceptance and
  transportation of hazardous materials by private,
  common, or contract motor carriers

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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

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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.

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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

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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

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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

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Hazmat training Part 172Subpart H

• General awareness familiarization training
• Function-specific training
• Safety training
• Security awareness training
• In-depth security training

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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)

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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

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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

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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

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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

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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

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Shipping Papers 172.202

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

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Shipping Papers

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

49 CFR 177.817 172.200
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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.

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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

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Shipping Papers 172.203

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

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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

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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

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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

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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

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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

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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.

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Loading and Unloading

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

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Segregation

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

49 CFR 177.848
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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

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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

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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

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Security Plan

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

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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

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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."

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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.

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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.

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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

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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

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Hazardous Materials Safety Permit Program

• Here we go!

49 CFR 385.401 - 423
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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
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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
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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
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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
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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

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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
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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
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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
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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
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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
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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
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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
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Facility InspectionsWhat We Look For

• Inspect vehicles
• Inspect packages
• Verify repair reports
• Verify employee training
• Review HM Training Security Plans

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Facility InspectionsWhat We Find
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Facility InspectionsWhat We Find
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Facility InspectionsWhat We Find
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Facility InspectionsWhat We Look Like
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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

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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

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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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