1. US Department of Transportation Federal Motor Carrier Administration PHMSA Multi-modal Seminar Transporting Hazardous Materials by Highway Ryan F. Paquet, P.G. Transportation Specialist

2. US Department of Transportation Federal Motor Carrier Administration 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 RD&T on Operational Safety of Commercial Vehicles and Carriers

3. US Department of Transportation Federal Motor Carrier Administration FMCSA Jurisdiction The offering of hazardous materials for transportation and the transportation of hazardous materials in interstate, intrastate and foreign commerce by highway….

4. US Department of Transportation Federal Motor Carrier Administration FMCSA Compliance & Enforcement Program Motor Carriers HM Motor Carriers HM Shippers Cargo tank testing, inspection, repair and manufacturing facilities

5. US Department of Transportation Federal Motor Carrier Administration Shipper Vs. Carrier Responsibilities Shipper Classify hazmat Packaging Shipping papers, emergency info & phone # Communication: marking, labeling, Placarding Compatibility Blocking & bracing Shipper’s certification 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 Carrier

6. US Department of Transportation Federal Motor Carrier Administration Part 177 – Carriage by Public Highway Requirements applicable to the acceptance and transportation of hazardous materials by private, common, or contract motor carriers

7. US Department of Transportation Federal Motor Carrier Administration Unacceptable shipments 177.801 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration Hazmat training – Part 172 Subpart H Definition of hazmat employer Definition of hazmat employee Training may be provided by the hazmat employer or other public or private source

12. US Department of Transportation Federal Motor Carrier Administration Hazmat training – Part 172 Subpart H General awareness familiarization training Function-specific training Safety training Security awareness training In-depth security training

13. US Department of Transportation Federal Motor Carrier Administration Hazmat training – Part 172 Subpart 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. US Department of Transportation Federal Motor Carrier Administration Hazmat training – Part 172 Subpart 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. US Department of Transportation Federal Motor Carrier Administration Additional Driver Training –Pre-trip –Vehicle controls & equipment –Emergency equipment –Operation of vehicle ­Roll Stability ­Speed –Tunnels –Attendance ­Parking ­Loading and Unloading Training – 177.816

16. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration Shipping Papers – 172.202 Proper shipping name Hazard class Identification number Packing group Must be shown in sequence Total quantity

20. US Department of Transportation Federal Motor Carrier Administration Shipping Papers Basic description. Additional requirements (e.g. “Inhalation Hazard”). Emergency Response Telephone #. 49 CFR 177.817 & 172.200

21. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration Shipping Papers HM-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. US Department of Transportation Federal Motor Carrier Administration Shipping Papers – 172.203 Exemption number Limited Quantities Hazardous Substances - RQ Anhydrous Ammonia Technical names for NOS Poisonous materials

24. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration Marking requirements HM-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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration Loading and Unloading 177.834(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. US Department of Transportation Federal Motor Carrier Administration Loading and Unloading General 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. US Department of Transportation Federal Motor Carrier Administration Loading and Unloading Sections 177.835 through 177.842 contain additional requirements for loading and unloading for specific hazard classes

31. US Department of Transportation Federal Motor Carrier Administration Segregation Must load in accordance with tables. 2 Tables: HM by Class & Explosives 49 CFR 177.848

32. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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 > 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration Security Plan At a minimum, must include the following: - Personnel Security - Unauthorized Access - En Route Security

36. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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." Federal Motor Carrier Safety Regs (FMCSRs)

38. US Department of Transportation Federal Motor Carrier Administration 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. Federal Motor Carrier Safety Regs (FMCSRs)

39. US Department of Transportation Federal Motor Carrier Administration 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. Federal Motor Carrier Safety Regs (FMCSRs)

40. US Department of Transportation Federal Motor Carrier Administration Fire Extinguisher: 393.95 –One extinguisher with a UL rating of 10 B:C, if the vehicle is transporting placardable quantities of hazardous material Federal Motor Carrier Safety Regs (FMCSRs)

41. US Department of Transportation Federal Motor Carrier Administration 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 Federal Motor Carrier Safety Regs (FMCSRs)

42. US Department of Transportation Federal Motor Carrier Administration Hazardous Materials Safety Permit Program Here we go! 49 CFR 385.401 - 423

43. US Department of Transportation Federal Motor Carrier Administration Hazardous Materials Safety Permit Interstate, intrastate and foreign commerce Carriers that transport high hazard materials 1.Highway Route Controlled Quantities (HRCQ) RAM 2.Div 1.1, 1.2 or 1.3 in a quantity >than 25kg (55 lbs) 3.Division 1.5 materials requiring placarding 4.PIH Hazard Zone A in a quantity > 1L (1.08 quarts) 5.PIH Hazard zone B in a bulk packing 6.PIH Hazard Zone C and D in a package > 13,248 l (3,500 gallons) 7.Liquefied Natural Gas with > 85 % Methane, in a package > 13,248 l (3500 gals) 49 CFR 385.403

44. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration ** 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration Revocation and Suspension 1 st offense = suspension 2 nd 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration Facility Inspections: What 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. US Department of Transportation Federal Motor Carrier Administration Facility Inspections: What We Look For Inspect vehicles Inspect packages Verify repair reports Verify employee training Review HM Training & Security Plans

56. US Department of Transportation Federal Motor Carrier Administration Facility Inspections: What We Find

57. US Department of Transportation Federal Motor Carrier Administration Facility Inspections: What We Find

58. US Department of Transportation Federal Motor Carrier Administration Facility Inspections: What We Find

59. US Department of Transportation Federal Motor Carrier Administration Facility Inspections: What We Look Like

60. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration 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. US Department of Transportation Federal Motor Carrier Administration Ryan F Paquet, P.G. Transportation Specialist 400 7 th Street S.W. Washington, DC 20590 202-366-0476 ryan.paquet@fmcsa.dot.gov

63. US Department of Transportation Federal Motor Carrier Administration

64. US Department of Transportation Federal Motor Carrier Administration