FMCSA Issues Final Rule on Hazmat Safety Permit Program for Motor Carriers, Etc
The Department of Transportation's (DOT's) Federal Motor Carrier Safety Administration (FMCSA) has issued a final rule which establishes a national hazardous materials (HM) Safety Permit program for motor carriers that transport certain hazardous materials (hazmat carriers).
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According to FMCSA, the final rule implements provisions of Federal hazmat transportation law, and will promote safe and secure transportation of the designated hazmats. FMCSA states that while this final rule is effective July 30, 2004, compliance will be phased-in after January 1, 2005 (see below for details).
Highlights of FMCSA's Final Rule to Establish New HM Safety Permit Program
The FMCSA states that this final rule amends the Federal Motor Carrier Safety Regulations (FMCSRs) at 49 CFR Parts 385, 386, and 390 in order to provide for the following features of a new HM safety permit program (partial list, see final rule for complete details):
HM safety permit for transportation of certain hazmats. The FMCSA states that this final rule adopts the following list of hazmats as requiring an HM Safety Permit:
A highway route-controlled quantity of Class 7 (radioactive) material;
More than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 (explosive) material, or an amount of a Division 1.5 (explosive) material requiring placarding under 49 CFR part 172.
The following poisonous-by-inhalation (Division 2.3 and 6.1) materials: more than 1 liter (1.08 quart) per package of hazard zone A material; hazard zone B materials in a bulk packaging (capacity greater than 450L (119 gallons)) or a shipment of hazard zone C or D materials in a packaging having a capacity equal to or greater than 13,248 L (3,500 gallons).
A shipment of compressed or refrigerated liquid 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).
HM safety permit program will apply to intrastate, interstate, and foreign hazmat carriers. FMCSA states that the final rule's HM safety permit program will apply to intrastate as well as interstate hazmat carriers. In addition, the program will apply to foreign hazmat carriers. FMCSA adds that intrastate hazmat carriers must apply for a USDOT number.
Application procedures. The HM Safety Permit program will require hazmat carriers to complete Form MCS-150B (Combined Motor Carrier Identification Report and HM Permit Application) in lieu of Form MCS-150 (Motor Carrier Identification Report) in order to obtain the HM Safety Permit. The HM Safety Permit will usually be valid for two years.
(FMCSA notes that the new Form MCS-150B will soon be available on its web site.)
FMCSA explains that hazmat carriers will be required to obtain the HM Safety Permit or a Temporary HM Safety Permit the next time they renew their operating authority after January 1, 2005.
(A Temporary HM Safety Permit may be issued in certain situations to hazmat carriers, usually for a period of 180 days or until the hazmat carrier is assigned a new safety rating, whichever occurs first.)
FMCSA adds that a hazmat carrier, such as an intrastate hazmat carrier, that has not filed a MCS-150 form prior to January 1, 2005, must hold the HM Safety Permit or a Temporary HM Safety Permit in order to transport subject hazmats after January 1, 2005.
Conditions for issuing a safety permit (security program). FMCSA states that hazmat carriers must have a "Satisfactory" safety rating in order to obtain an HM Safety Permit. In addition, FMCSA states it will not issue an HM Safety Permit to a hazmat carrier that does not have a satisfactory security program in place (see final rule for details); has a crash rate in the top 30% of the national average as indicated in the FMCSA's Motor Carrier Management Information System (MCMIS), or has a driver, vehicle, hazmats, or total, out-of-service rate in the top 30% of the national average as indicated in the MCMIS, etc.
Denial, suspension, or revocation of an HM safety permit. FMCSA in this final rule is also implementing a process to deny, suspend, and revoke HM safety permits.
(See ITT's Online Archives or 09/03/03 news, 03090325, for BP summary of proposed rule.)
FMCSA Contact - Michael Johnsen (202) 366-4111
FMCSA Hazmat Safety Permit Program Questions and Answers available at http://www.fmcsa.dot.gov/safetyprogs/hm/hm_permitting.htm
FMCSA Final Rule (D/N FMCSA-97-2180, FR Pub 06/30/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-14654.pdf