US DOT Proposes Rule for Hazardous Materials Safety Permits

August 19, 2003 -- With the publication of a Supplemental Notice of Proposed Rulemaking in today's Federal Register, the U.S. Department of Transportation's (USDOT) Federal Motor Carrier Safety Administration (FMCSA) today proposed requiring all motor carriers, including Canadian and Mexico-domiciled motor carriers in the United States, to have a hazardous materials safety permit when transporting four types of hazardous materials in interstate or intrastate commerce.

Materials in the hazardous materials safety permit program 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. The safety permit would be valid for two years. Motor carriers would need to have a copy of the safety permit in the vehicle transporting a designated hazardous material.

To obtain a safety permit from FMCSA, the proposal requires that motor carriers have a satisfactory rating, a satisfactory security program, and be registered with the Department's Research and Special Programs Administration. An intrastate carrier would be required to apply for a USDOT number as a "new entrant" and undergo a compliance review. An intrastate carrier would not become subject to other requirements in the Federal Motor Carrier Safety Regulations (FMCSRs) unless they already apply.

The FMCSA is also proposing that a safety permit 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 the FMCSRs, hazardous materials regulations, or compatible state requirements, or fails to pay a civil penalty.

Written comments on the proposed rulemaking are being accepted until Oct. 20, 2003. See the Federal Register notice, or the USDOT press release for futher details.