Federal Motor Carrier Safety Administration Aug. 19 proposed requiring
all motor carriers, including Canadian and Mexico-domiciled carriers
operating in the United States, to have a hazmat safety permit when
transporting four types of hazardous materials in interstate or
covered are highway route-controlled quantities of radioactive materials;
more than 55 pounds of Class A or B explosives; more than one quart
of hazardous material designated as extremely toxic by inhalation;
and a package of 3,500 gallons or more of liquified natural gas.
permit would be valid for two years. Carriers would need to have
a copy of the safety permit in the vehicle transporting a designated
rulemaking builds on our continuous efforts to ensure the safety
and security of the more than 800,000 shipments of hazardous materials
hauled by motor carriers on U.S. highways every day," FMCSA
Administrator Annette M. Sandberg said.
required Jan. 1, 2005
would be phased in beginning Jan. 1, 2005. For carriers already
transporting these materials in interstate or intrastate commerce,
there would be a two-year phase-in period to obtain the safety permit.
A carrier not involved in the transportation of a permitted material
on Jan. 1, 2005, would need to apply for and receive the permit
before transporting hazardous materials.
obtain a permit from FMCSA, the proposal requires motor carriers
to have a satisfactory rating and a satisfactory security program,
and be registered with the Department's Research and Special Programs
permit would be suspended or revoked if a motor carrier fails to
maintain its satisfactory rating; fails to comply with an out-of-service
order; does not comply with safety regulations, hazardous materials
regulations or compatible state requirements; or fails to pay a
required for radioactive material shipment
rule would also require a pre-trip inspection of a CMV transporting
a highway-route-controlled quantity of radioactive material. The
pre-trip inspection would need to be performed by a government inspector
employed by or under contract to a federal, state or local government.
the FMCSA would not require states to use uniform forms and procedures
for intrastate transportation of hazardous materials; nor would
it require states to register those transporting hazardous materials
the FMCSA proposes to add "acute" and "critical"
regulations to assess a rating of carriers that transport hazardous
regulations would be those needing immediate corrective action by
a motor carrier. Critical regulations would be those where noncompliance
relates to management and operational controls. These regulations
include failing to provide security awareness training, failure
to adhere to a required security plan and failure to make copies
of a security plan available to hazmat employees.
notice of proposed rulemaking is in the Aug. 19 Federal Register.
The rule is also posted on the Internet and can be viewed after
searching at http://dms.dot.gov/. Comments may be submitted