PHMSA

Ten Things About PHMSA

In a series of publications the U.S. Department of Transportation (USDOT) seeks to inform the public of its different responsibilities managed under its various bureaus and administrations.  This article refers to a particular issue of that series focusing solely on the Pipeline and Hazardous Materials Safety Administration (PHMSA).

Before we begin…

Created under the Norman Y. Mineta Research and Special Programs Improvement Act (P.L. 108-426) of 2004, PHMSA develops and enforces regulations for the safe, reliable, and environmentally sound operation of the nation’s 2.6 million-mile pipeline transportation system, and the nearly 1 million daily shipments of hazardous materials (HAZMAT) that travel by land, sea and air within the United States.

  1. Safety is the priority.
    Everything PHMSA does ultimately serves the purpose of promoting and improving safety; safety is why PHMSA exists.
  2. Regulations are important in ensuring safety.
    To minimize threats to life, property or the environment due to hazardous materials-related incidents, PHMSA develops regulations and standards for the classifying, handling and packaging of all hazardous materials (HAZMAT) shipments within the U.S., and the transportation of critical energy sources via our nation’s pipeline infrastructure. Click here to read more about HAZMAT and pipeline regulations.
  3. PHMSA monitors what’s happening with pipelines.
    The administration provides raw data, yearly summaries, multi-year trends of safety performance metrics, and inventories tracking the removal of aging pipeline infrastructure. Click here for data and statistics on all pipelines under PHMSA’s jurisdiction.
  4. PHMSA Monitors what’s happening with hazardous materials transportation.
    The administration tracks and provides statistical information on all incitements related to the transportation of HAZMAT within the U.S. Click here for data and statistics on HAZMAT transportation incidents within the U.S.

    Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

    International and Domestic

    Daniels Training Services, Inc.

    815.821.1550

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  5. PHMSA works with first responders.
    PHMSA’s works closely with the emergency response communities to ensure they’re fully primed to deal with any type of HAZMAT or pipeline incident. One way it does so is producing critical training and reference materials. Click here to access one example of this, the Emergency Response Guidebook.
  6. PHMSA promotes and supports research.
    The agency sponsors projects focused on providing near-term solutions that will improve pipeline and HAZMAT safety. Click here for more information on research and development.
  7. PHMSA partners with states.
    The Office of Hazardous Materials Safety and the Office of Pipeline Safety each award about 70 grants every year to state agencies and Native American tribes through various grant programs.Click here to learn more about hazardous materials safety grants.  Click here to learn more about pipeline safety grants.
  8. PHMSA has a regional presence.
    Hazardous materials and pipeline offices are located in five regions to better serve the public. Click here to find PHMSA regional offices.
  9. PHMSA trains those who protect the public.
    The agency provides pipeline inspectors with the nation’s only specialized training for understanding and applying federal pipeline safety regulations and standards.The activities at the PHMSA Training Center, located in Oklahoma City, include in-depth classroom training and expanded outdoor/ lab areas to provide inspectors with hands-on opportunities to experience actual field scenarios.
  10. PHMSA can help members of the public find pipelines in their communities.
    The National Pipeline Mapping System’s (NPMS) Public Map Viewerincludes interactive maps showing the locations of hazardous liquid and gas transmission pipelines, and Liquefied Natural Gas (LNG) plants nationwide. Interested individuals also can access information about related pipeline incidents going back to 2002.

Did you learn something?  Not mentioned here is the requirement for HazMat Employers to provide initial and triennial training for their HazMat Employees (Read: What is HazMat Employee Training?)

Rules and Regulations, Proposed Rules, & Notices of EPA, FAA, FMCSA, FRA, & PHMSA for February 2016

Rules and Regulations, Proposed Rules, & Notices of EPA, FAA, FMCSA, FRA, & PHMSA for February 2016

Another month and another raft of regulatory agency publications in the Federal Register.  As an EHS Professional you may find it too much to stay on top of all these changes in the regulations.  That’s the reason for my monthly search through the Federal Register to identify for you the applicable regulations of the following agencies:

  • Environmental Protection Agency (EPA)
  • Federal Aviation Administration (FAA) – an administration within the Department of Transportation (DOT).
  • Federal Motor Carrier Safety Administration (FMCSA) – an administration within the Department of Transportation (DOT).
  • Federal Railroad Administration (FRA) – an administration within the Department of Transportation (DOT).
  • Pipeline and Hazardous Materials Safety Administration (PHMSA) – an administration within the Department of Transportation (DOT).

I couldn’t find any publications related to the management of hazardous waste or the transportation of hazardous materials from the FAA, FMCSA, or FRA.  There were, however, some publications by EPA and PHMSA that may have an impact on how you manage hazardous waste and/or ship hazardous materials.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

As you review this document note the different types of publications in the Federal Register and their relative import:

Rules and Regulations – These are notifications of rules and regulations that have passed the review process and will – now or at a later established date – become regulations in the CFR (Code of Federal Regulations).  Complying with them is not an option.

Proposed Rules – These are notifications of a new rule or a modification to an existing one that the agency has in the works.  Interested parties may still submit comments and possibly affect the outcome of a proposed rule.

Notices – For all the things the government does that don’t rise to the level of regulations.  These could be safety notices or announcements of meetings for interested parties regarding proposed rules.

FEBRUARY 1, 2016 THROUGH FEBRUARY 29, 2016
USEPA – US ENVIRONMENTAL PROTECTION AGENCY:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

Additions to List of Categorical Non-Waste Fuels Pages 6687 – 6743 [FR DOC # 2016-01866] PDF | Text | More

Proposed Rules:

None

Contact me with any questions you may have about the management of hazardous waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

 

Notices:

Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export Pages 7788 – 7791 [FR DOC # 2016-03102] PDF | Text | More

Proposed Information Collection Request; Comment Request; Recordkeeping and Reporting-Solid Waste Disposal Facilities and Practices  Pages 8956 – 8957 [FR DOC # 2016-03744] PDF | Text | More

FAA – FEDERAL AVIATION ADMINISTRATION:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FRA – FEDERAL RAILROAD ADMINISTRATION:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

NONE
PHMSA – PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Hazardous Materials: Public Meeting Notice for the Research and Development Forum Pages 6103 – 6104 [FR DOC # 2016-02146]PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department of Transportation.

June  2015 – Rules & Regulations, Proposed Rules, and Notices Regarding the Management of Hazardous Waste and the Transportation of Hazardous Materials

June  2015 – Rules & Regulations, Proposed Rules, and Notices Regarding the Management of Hazardous Waste and the Transportation of Hazardous Materials

One of the hardest challenges for an EHS Professional is staying aware of changes to the Federal Regulations that affect your compliance.  Luckily, these new rules and regulations don’t just appear overnight.  Often they are the result of years of Notices of Proposed Rulemakings by the respective regulatory agencies followed by requests for comment from the regulated industry (that’s you!)  These comments may cause the agency to change the proposed rule which results in further notices until – perhaps months or years later – a Final Rule is published.  Usually the Final Rule is published months before it becomes effective. The Rulemaking Process is designed to encourage participation of the regulated industry and to ensure no one is caught flat-footed by changes to the Code of Federal Regulations.  This entire process is published periodically in the Federal Register.

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

What I have done for the month of June 2015 is reviewed the list of publications in the Federal Register from the agencies listed below.  I have only included published notices that affect the management of waste and the transportation of hazardous materials.

  • Environmental Protection Agency (EPA) publications related to the generation, management, and disposal of solid waste, hazardous waste, universal waste, and used oil.
  • The following agencies – all within the Department of Transportation – for publications solely related to the transportation of hazardous materials (HazMat).
    • Pipeline & Hazardous Materials Safety Administration (PHMSA).
    • Federal Motor Carrier Safety Administration (FMCSA).
    • Federal Railroad Administration (FRA).
    • Federal Aviation Administration (FAA).

DISCLAIMER:  Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

 June 1, 2015 through June 30, 2015

Logo for US Environmental Protection AgencyUSEPA – US Environmental Protection Agency:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

None

Proposed Rules:

Idaho: Authorization of State Hazardous Waste Management Program Revision Pages 31338 – 31342 [FR DOC # 2015-12932] PDF | Text | More

Contact me with any questions you may have about the management of hazardous waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

 

Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; Criteria for Classification of Solid Waste Disposal Facilities and Practices, Recordkeeping and Reporting Requirements Pages 34154 – 34155 [FR DOC # 2015-14658] PDF | Text | More

Agency Information Collection Activities; Proposed Collection; Comment Request; Hazardous Remediation Waste Management Requirements (HWIR Contaminated Media) Pages 34156 – 34157 [FR DOC # 2015-14657] PDF | Text | More

Federal Aviation AdministratinoFAA – Federal Aviation Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – Federal Motor Carrier Safety Administration:

The FMCSA sets the minimum standards for Commercial Driver's Licenses

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits Pages 34839 – 34841 [FR DOC # 2015-14961] PDF | Text | More

State Compliance With Commercial Driver’s License Program: Correction Pages 36930 – 36932 [FR DOC # 2015-15906] PDF | Text | More

Proposed Rules:

Parts and Accessories Necessary for Safe Operation: Federal Motor Vehicle Safety Standards Certification for Commercial Motor Vehicles Operated by United States-Domiciled Motor Carriers Pages 34588 – 34593 [FR DOC # 2015-14934]     PDF | Text | More

Hazardous Materials Safety Permit (HMSP) Program: Amendment to Enforcement Policy Pages 35253 – 35255 [FR DOC # 2015-15091] PDF | Text | More

Notices:

None

Federal Railroad AdministrationFRA – Federal Railroad Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

PHMSA – Pipeline and Hazardous Materials Safety Logo for the Pipeline and Hazardous Materials Safety Administration (PHMSA)Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department of Transportation.

PHMSA Offers One-Day HazMat Transportation Training Workshops in 2015

Logo for the Pipeline and Hazardous Materials Safety Administration (PHMSA)PHMSA’s Hazardous Materials Safety Assistance Team conducts workshops specialized to meet the needs of industry or the public safety community. These free one-day events are scheduled across the nation (see below).

The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) specify requirements for the safe and secure transportation of hazardous materials in commerce by rail car, aircraft, vessel, and motor vehicle. These comprehensive regulations govern transportation-related activities by offerors (e.g., shippers, brokers, forwarding agents, freight forwarders, and warehousers); carriers (e.g., common, contract, and private); packaging manufacturers, reconditioners, testers, and retesters; and independent inspection agencies.

The HMR apply to each person who performs, or causes to be performed, functions related to the transportation of hazardous materials such as determination of, and compliance with, basic conditions for offering; filling packages; marking and labeling packages; preparing shipping papers; handling, loading, securing and segregating packages within a transport vehicle, freight container or cargo hold; and transporting hazardous materials.

This free one-day workshop provides an overview of how to use the HMR and a summary of many of the requirements found in the HMR which can affect transportation safety to include: Training Requirements, Packaging, Hazard Communications, and Security.

Who should attend?

Cargo Tank Motor Vehicle of UN1206 Heptanes

The loading, unloading, or operation of a motor vehicle containing flammable liquids requires HazMat Employee training.

Anyone who offers or transports hazardous materials in commerce or has a desire to learn more about US DOT’s Hazardous Materials Regulations.

What does it cost?

Nothing.  There is no cost for this one-day workshop on the hazardous material regulations.  It is sponsored by the Pipeline and Hazardous Materials Safety Administration.

Is prior registration required?

Yes, please register yourself and any others you wish to attend with you.  Information about the venues for the workshops and to register can be found here:  Registration page for PHMSA HazMat Transportation One-Day Workshops in 2015.

What information is covered at the one-day workshops?

The transportation workshops provide a basic overview of the regulatory requirements – what they are, how they apply, and how to comply with them, for shipping and transporting Hazardous Materials. The workshops address the same information as the Hazmat Basics track given at the Multimodal Seminars and include overviews of the Training and Security Requirements.

Will attendance at this PHMSA workshop fulfill my HazMat Employee training requirements (initial and/or triennial)?

Likely not, since the PHMSA workshop does not include a test, which is a requirement of HazMat Employee training per 49 CFR 172.702(d).  Also, the requirement to provide Function Specific Training at 49 CFR 172.704(a)(2) may be difficult to meet given the general nature of the PHMSA workshop.  However, a HazMat Employer may use a PHMSA workshop as the basis for his/her HazMat Employee training and may meet the regulatory requirements by providing any additional Function Specific Training that may be necessary and by administering a test (either written or verbal).  The final requirement would be to document the completion of the training per the requirements of 49 CFR 172.704(d).

Where and when are the PHMSA workshops being held?

Currently there are 30 workshops scheduled through September 2015.  Check back to the PHMSA website (Seminars, Workshops, and Meetings) for up-to-date information.

HazMat Employee Training

Good training can prevent fines and ensure compliance with all Federal and State regulations.

These PHMSA workshops are a great learning opportunity for all experience and knowledge-levels of HazMat Employees.  If this isn’t enough for you, consider the PHMSA’s two-day multimodal seminars.  I will definitely attend at least one of these workshops in 2015, and I hope you do as well.  You will likely come away with an improved knowledge of the HMR including the requirement to provide training for all of your HazMat Employees.  That’s where I come in.  Contact me for your mandatory HazMat Employee training and your Hazardous Waste Personnel (RCRA) training as well.

PHMSA Amends its Rules: Shippers and Carriers of HazMat may not Operate Until all Civil Penalties are Paid

Announcements from regulatory agencies of the US Government in the Federal Register can have a profound impact on your business.  Therefore it’s important for you to continuously monitor Federal Register publications for announcements applicable to your operations.  I can help you to do this.

Sometimes an announcement in the Federal Register calls for a more thorough explanation than just what is conveyed by the headline.  That is the point of this article.  Here I will briefly summarize, and provide access to more information, on a specific Federal Register announcement:  Hazardous Materials:  Falure to Pay Civil Penalties. (more…)

Hazardous Materials: Reverse Logistics (RRR) An Extension to the Comment Period – Announced by the PHMSA in the September 2014 Federal Register

Announcements from regulatory agencies of the US Government in the Federal Register can have a profound impact on your business.  Therefore it’s important for you to continuously monitor Federal Register publications for announcements applicable to your operations.  I can help you to do this.

Sometimes an announcement in the Federal Register calls for a more thorough explanation than just what is conveyed by the headline.  That is the point of this article.  Here I will briefly summarize, and provide access to more information, on a specific Federal Register announcement:  Hazardous Materials:  Reverse Logistics (RRR). (more…)

Hazardous Materials: Reverse Logistics (RRR) – An Announcement from the PHMSA in the August 2014 Federal Register

Announcements from regulatory agencies of the US Government in the Federal Register can have a profound impact on your business.  Therefore it’s important for you to continuously monitor Federal Register publications for announcements applicable to your operations.  I can help you to do this.

Sometimes an announcement in the Federal Register calls for a more thorough explanation than just what is conveyed by the headline.  That is the point of this article.  Here I will briefly summarize, and provide access to more information, on a specific Federal Register announcement:  Hazardous Materials:  Reverse Logistics (RRR). (more…)

QC Labs in Orlando, FL Assessed $7,950 in Fines for Seven Violations of the HMR

QC Laboratories Inc. located in Orlando, FL has been assessed a fine of $7,950 for seven (7) violations of the hazardous material regulations of the USDOT/PHMSA.

Background

On May 25, 2011, investigators from PHMSA’s Office of Hazardous
Materials Safety Field Operations (OHMSFO) conducted a compliance inspection at
Respondent’s facility, in Orlando, Florida, pursuant to 49 U.S.C. § 5121 and 49 C.F.R.
§ 107.305. PHMSA’s investigator reported eight (8) alleged violations of the HMR. On
or about May 23, 2011, after the conclusion of the compliance inspection, PHMSA’s
Investigator contacted and interviewed the Respondent, and then conducted an “exit
briefing” during which the investigator discussed the alleged violations and the required
corrective actions with Respondent’s representative.

Based on a preliminary assessment of the apparent nature, circumstances,
extent, and gravity of the probable as set forth in the inspector’s report, on
January 18, 2012, an attorney from PHMSA’s Hazardous Materials Safety issued a
Notice of Probable Violation (NOPV) alleging seven violations of the HMR and
proposing a $9,550 civil penalty.

Reply to Notice:

On February 16, 2012, the Respondent submitted a timely reply Notice.

Corrective Action:

In letters dated June 20, 2012, February 16, 2012, March 27,2012, September 18, 2012, and December 12,2012, Respondent submitted evidence of corrective actions it had taken in response to the exit briefing. The following
is a summary of all of Respondent’s documented corrective actions.
1. Respondent has registered as a party to the USNRC packaging approval.
2. Respondent has acquired a certificate of approval for the Type B package related to violation number 2.
3. Respondent has added a risk assessment for its security plan.
4. Respondent has provided in-depth security training to all employees.
5. Respondent is now using the correct USNRC package ID on its shipping papers and has identified monitoring times for all emergency response numbers.
6. Respondent is now listing correct activity and transport index on Yellow II labels.

HMR Violations:

  • Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive Material, Type B(U) Package, 7, while failing to register with the United States Nuclear Regulatory Commission (USNRC) as a party to the packaging approval in violation of 49 C.F.R. §§ 171.2(a, b, f, i)-and 173.471(a).
  • Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive Material, Type B(U) Package, 7, Special Form, while failing to maintain a complete safety analysis or certificate of competent authority in violation of 49 C.F.R. §.§ 171.2(a, b, e, f and 173.476(a).
  • Offering and transporting in commerce a known radionuclide listed by the USNRC as a quantity of concern while failing to develop a security plan with a written risk assessment in violation of 49 C.F.R. §§ 171.2(a, b, e, f), 172.800(b)(5), and 172.802(b, c).
  • Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive material, Type B(U) Package, 7, while failing to provide in·depth security training to hazmat employees in violation of 49 C.F.R. §§ 171.2(b), 172.702(a), and 172.704(a)(5).
  • Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive material, Type B(U) Package, 7, while failing to list the correct USNRC package identification number on the shipping paper in violation of 49 C.F.R. §§ 171.2(a, b, e, f) and 172.203(d)(l).
  • Offering and transporting in commerce a hazardous material in a type B(U) package, RQ, UN2916, Radioactive Material, Type B(U) Package, 7, while listing multiple emergency response telephone numbers on a shipping paper, that are not monitored 24 hours a day, without specifying times for each in violation of 49 C.P.R. §§ 171.2(a. b e) and 172.604(a)(2).
  • Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive Material, Type B(U) Package, 7, Special Form, Ir-192 777TBg, (21Ci) Transport Index 0.3, while failing to enter the correct activity and transport index on the Radioactive Yellow II labels in violation of 49 C.F.R. §§ 171.2(a. b, e, f) and 172.403(a)(2 3).

Read the full Compromise Order here.

No matter what hazardous materials you offer for transportation:  Radioactive, Explosive, Flammable and Combustible Liquids, or Miscellaneous; as a shipper of a HazMat you must comply with all the regulations of the USDOT/PHMSA known as the HMR.

 

Announcements of Proposed Rules, Changes to the Rules, and Final Rules of the US DOT & US EPA – March 2013

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA) of the US DOT on the subject of Transportation of Hazardous Materials. (more…)

Texting and Cell Phone Ban for Drivers of Commercial Motor Vehicles

Effective January 3, 2012 (Volume 76 75470-75488 of the Federal Register) drivers of Commercial Motor Vehicles (CMV) are prohibited from texting or using a hand-held mobile telephone while driving.  The change affects the regulations of both the Federal Motor Carrier Safety Administration (FMCSA), which apply solely to interstate transportation (between two or more states), and those of the Pipeline and Hazardous Materials Safety Administration (PHMSA), which apply to both interstate and intrastate transportation of placarded loads of hazardous materials.

For the purposes of the FMCSA regulations at 49 CFR 392.80 & 392.82 the ban applies to the following engaged in interstate commerce:

  •  A gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
  • A vehicle designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • A vehicle designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
  • A shipment of hazardous materials that requires placarding pursuant to 49 CFR 172, Subpart F.

For the purposes of the PHMSA regulations at 49 CFR 177.804, which refer you to the FMCSA regulations, the ban applies to the following engaged in interstate and intrastate commerce:

  • A shipment of hazardous materials that requires placarding pursuant to 49 CFR 172, Subpart F or any quantity of a material listed as a select agent or toxin by the Department of Health and Human Services at 42 CFR part 73.

Both agencies define prohibited activities as follows:

  • Driver of the vehicle may not use a hand-held mobile phone or text while driving, nor may the employer allow such activity.
  • “Driving” includes temporary stops for traffic jams, at a traffic light or sign, or if you are not pulled off the highway and halted in a safe manner.
  • Prohibited texting includes but is not limited to:  Short Message Service (SMS), Instant Messaging (IM), e-Mailing, accessing the internet, any other form of electronic text retrieval.
  • Prohibited use of a hand-held mobile telephone includes:
  1. Holding a mobile telephone while communicating by voice.
  2. Dialing by pressing more than one button.
  3. Reaching for a mobile phone in an unsafe or unacceptable manner (see 49 CFR 393.93).

But you need to communicate, right?  So what’s a driver to do?  Here are some options to remain compliant and in-touch:

  • Texting & use of hand-held telephone while driving is OK when necessary to communicate with law enforcement or emergency services.
  • Texting & use of hand-held telephone is OK in a vehicle with or without the motor running when on the side of, or off, the highway and halted in a location where the vehicle can safely remain stationary.
  • Use an acceptable hands-free telephone that the driver can access safely and operate solely by pushing one button.

In addition to the above Federal regulations, the use of mobile communication devices are regulated, and in many cases banned, by State laws and local ordinances.

If you transport any quantity of a hazardous material in commerce, no matter whether it is required to be placarded or not, you are a HazMat Employee and require triennial training pursuant to 49 CFR 172, Subpart H.

Contact me to schedule the required training for all of your HazMat Employes.