Perhaps you haven’t heard of the Hazardous Materials Safety Permit Program before, and there’s a good reason for that if you are a shipper of hazardous materials and not a carrier.  The HMSP program is found not in the Hazardous Material Regulations of the PHMSA, but instead in the Regulations of the Federal Motor Carrier Safety Administration (FMCSA) at 49 CFR 385, Subpart E and apply to carriers who transport certain quantities of specified hazardous materials.

Why should the regulations of the FMCSA applicable to a carrier be a concern to you as a shipper of HazMat?  Because 49 CFR 173.22(b) documents one of a HazMat Shipper’s responsibilities as:

No person may offer a motor carrier any hazardous material specified in 49 CFR 385.403 unless that motor carrier holds a safety permit issued by the Federal Motor Carrier Safety Administration.

So, the PHMSA, in referring to these regulations of the FMCSA places the responsibility on the shipper to ensure the carrier is in compliance with the applicable regulations prior to offering them a hazardous material for transportation.  Read on to learn what types of hazardous materials are “specified in 49 CFR 385.403”.  The Permit is issued by the Federal Motor Carrier Safety Administration (FMCSA) which is, like the PHMSA, an administration within the USDOT.  Though regulated through the FMCSA, the terms it uses in its determination of applicability (see below) refer back to the HMR of the PHMSA.  Since January 1, 2005; motor carriers transporting certain types and amounts of hazardous materials by highway either within a state or between states are required to have a Federal Hazardous Materials Safety Permit.

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Per 49 CFR 385.403, the following hazardous materials transported in the quantities specified will require the motor carrier to have a HMSP:

• Radioactive Materials: A highway route controlled quantity of Class 7 material, as defined in §173.403 of 49 CFR.
• Explosives – More than 25kg (55lbs) of a Division 1.1, 1.2 or 1.3 material, or an amount of Division 1.5 materials requiring a placard under Part 172 subpart F of 49 CFR.

Toxic by Inhalation Materials:

•  Hazard Zone – A More than 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) of §173.133(a) of 49 CFR.
• Hazard Zone B – A “material poisonous by inhalation,” as defined in §171.8 of 49 CFR, that meets the criteria for “Hazard Zone B,” as specified in §173.116(a) or §173.133(a) of 49 in bulk packaging (capacity greater than 450 L [119 gallons] for liquids and a water capacity greater than 454 kg [1,000 pounds] for gas receptacles.
• Hazard Zone C & D – A “material poisonous by inhalation,” as defined in §171.8 of 49 CFR, that meets the criteria for “Hazard Zone C,” or Hazard Zone D,” as specified in §173.116(a) or §173.133(a) of 49 CFR, in a packaging having a capacity equal to or greater than 13,248L (3,500 gallons).

And just one more:

• Methane – A shipment of compressed or refrigerated liquid methane or liquefied natural gas or other gas with a methane content of at least 85 percent in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases.

But just being subject to the applicability determination to have a HMSP is not enough, the carrier must also meet the requirements for the issuance of the HMSP.  Pursuant to 49 CFR 385.407, the FMCSA may only issue a HMSP to a motor carrier that has:

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Motor carrier safety performance

• The motor carrier must have a “Satisfactory” safety rating assigned by either FMCSA, pursuant to the Safety Fitness Procedures of this part, or the State in which the motor carrier has its principal place of business, if the State has adopted and implemented safety fitness procedures that are equivalent to the procedures in subpart A of this part; and
• FMCSA will not issue a safety permit to a motor carrier that:
  • Does not certify that it has a satisfactory security program as required in § 385.407(b);
  • Has a crash rate in the top 30 percent of the national average as indicated in the FMCSA Motor Carrier Management Information System (MCMIS); or
  • Has a driver, vehicle, hazardous materials, or total out-of-service rate in the top 30 percent of the national average as indicated in the MCMIS.

Satisfactory security program

• The motor carrier must certify that it has a satisfactory security program, including:
  • A security plan meeting the requirements of part 172, subpart I of this title, and addressing how the carrier will ensure the security of the written route plan required by this part;
  • A communications plan that allows for contact between the commercial motor vehicle operator and the motor carrier to meet the periodic contact requirements in § 385.415(c)(1); and
  • Successful completion by all hazmat employees of the security training required in § 172.704(a)(4) and (a)(5) of this title.

Registration with the Pipeline and Hazardous Materials Safety Administration (PHMSA)

• The motor carrier must be registered with PHMSA in accordance with part 107, subpart G of this title.

As a shipper of hazardous materials you should make certain that your carrier is in compliance with the regulations just the same as you.  A handy tool for determining this is the FMCSA’s Verification of Carrier Hazardous Materials Safety Permit.

Check out these FAQ’s on the FMCSA website for more information:  FAQ’s from the FMCSA regarding the Hazardous Materials Safety Permit Program

Contact me the next time your USDOT, IATA (air), or IMO (vessel) training is due to expire.

If you are subject to the HMSP – or even just considering it as a possibility – you should also consider the following:

• Registration with USDOT/PHMSA as a carrier of hazardous materials.
• Initial and triennial HazMat Employee training for anyone who has a direct affect on the safe transportation of hazardous materials.
• Including Driver Training with HazMat Employee training for persons who operate a motor vehicle transporting hazardous materials over a public road.