Alliance for Uniform Hazmat Transportation Procedures
Governing Board Meeting
Denver, Colorado
June 14-15, 2004
Meeting Summary
The Alliance for Uniform Hazmat Transportation Procedures consists of seven states that have implemented uniform forms and procedures for the permitting and registration of motor carriers of hazardous materials pursuant to 49 USC 5119. This approach, called the Uniform Program (UP), has been adopted by Illinois, Michigan, Minnesota, Nevada, Ohio, Oklahoma, and West Virginia. A governing board made up of member Alliance states oversees activities related to implementation and operation of the Uniform Program. The Alliance is governed by several documents including the final report of the Alliance working group to the U.S. Secretary of Transportation and the Uniform Program Administrator’s Manual. The Alliance is staffed by the National Conference of State Legislatures (NCSL).
Attendees:
Sherry Soliz, Oklahoma
John Canty, Ohio
Donna Redman, Nevada
Cindy Bahner, Illinois (by phone)
Dave Lazarides, Illinois
Jim Reed, NCSL
Doug Sacarto, NCSL
James Simmons, Federal Motor Carrier Safety Administration (FMCSA)
Debbie Stravenski, J.J. Keller. Inc
Rich Moskowitz, American Trucking Associations (by phone)
Federal Safety Permit
Sherry Soliz, Alliance chairperson, called the meeting to order. The first speaker was
James Simmons, FMCSA. The federal safety permit is due for release in a matter of days, he said, but he couldn’t talk about the permit because it’s still not final. He gave a brief history of federal safety permit. A key event was that funding was not provided as anticipated for work on the permit in 2003
He mentioned the types of materials covered by the statute-- highway route-controlled quantity (HRCQ) of radioactive material (RAM), certain explosives, certain gases poison by inhalation, and liquefied gas. He said 27 comments were received, including many different perspectives. Some were complimentary of the proposed rule, but many were negative and made suggestions for changes. The rule was revamped to incorporate comments. FMCSA had to do a cost benefit analysis for the threat assessment part of the rule. It has now gone through the entire clearance process—the Office of Management and Budget (OMB) has cleared as of last week.
The final rule should be in the Federal Register this week. (The actual issue date was June 30, 2004.) He said it is a good rule and there will be a role for the Alliance. James Simmons proposed another meeting the week of July 12 to brief the Alliance on the new rule. Oklahoma City was proposed as meeting location for one or two days. (The meeting occurred August 30-September 1, 2004 in Oklahoma City.) States should bring their Information technology (IT) people along to the meeting. He wants to find out more about how the Alliance reviews carriers. He said that FMCSA wants to work with the Alliance. He sees a significant benefit of integrating the various efforts to move hazmat safely. He will also be involved in the information technology side of the rule implementation.
James Simmons then inquired about the flexibility of the Alliance program. Sherry Soliz mentioned that the Alliance has already incorporated a security certification. She said Alliance is flexible in adding needed requirements. One issue is that the Alliance would have to cover the materials identified in the new rule.
James Simmons wanted to know why new states had not joined the Alliance. Sherry Soliz said it was lack of incentives for states to change their existing hazmat programs. He reiterated that there is support in the upper ranks of FMCSA for working with the Alliance. He urged the Alliance to work hard to get new states on board. He proposed that he visit Ohio to learn about the Alliance processing of permit applications.
Sherry Soliz mentioned that Oklahoma passed one-stop permitting last year so the Oklahoma Corporation Commission (OCC) will be in charge of the International Registration Plan (IRP) and the International Fuel Tax Agreement (IFTA).
Background checks will move to the Department of Homeland Security (DHS) under proposed legislation. Currently, the Transportation Security Administration (TSA) is undergoing reorganization. Port of entry cargo inspections will be made. FMCSA is currently reviewing high risk carriers. Operational tests will be conducted to test communications systems and do cost benefit analysis. Information will be tested in New York, Texas, New Mexico and Illinois. A report will be done by September 2004.
James Simmons asked for the names of the Multi-State Highway Transportation Agreement (MHTA) states so FMCSA can reach out to them.
Congressional Update
Rich Moskowitz of the American Trucking Associations (ATA) in Alexandria , Virginia joined the meeting by teleconference to give a presentation on recent hazmat developments in Washington, D.C. He began by discussing the federal safety permit in the context of the many permits the trucking industry must comply with. He said that since 9/11, the safety permit has morphed into a safety and security permit. FMCSA moved forward in part due to a lawsuit by Public Citizen. New requirements such as the two-hour call-in requirement will be burdensome to the trucking industry. ATA also believes it could be a security risk. ATA also commented that a written route plan requirement would be burdensome, especially for the less-than-truckload industry. Apparently, OMB made some changes to the proposed rule. Many ATA members may drop out of the highly hazardous materials business if these new rules are implemented.
Next, he talked about the Hazardous Materials Transportation Act (HMTA) reauthorization. One of the priorities of the Interested Parties for HMTA Reauthorization (IP), of which ATA is a member, is to fix the Uniform Program and do away with the numerous existing state hazmat transportation permits. He said the Senate bill doesn’t really change anything. The House bill is better, setting up a working group and appropriating $1 million. No hearings have been held on the hazmat title. He is afraid that hazmat could be traded off in the context of the larger transportation bill. (TEA-21 reauthorization, of which HMTA reauthorization could be a part, was postponed in the last Congress. Congress, unable to agree on a reauthorization, approved many short-term extensions, the most recent of which ends May 31, 2005.)
Mr. Moskowitz made a pitch for state uniformity arguing that trucks will divert around more stringent states, creating more miles traveled and the probability of more accidents.
Included in the Senate bill, the Research and Special Programs Administration (RSPA) wants to create a new emergency waiver of preemption to let states and localities to pass a regulation to fight terrorism that might ordinarily be preempted. The emergency waiver would destroy uniformity, according to Mr. Moskowitz. He was also concerned that civil fines would be tripled up to $100,000 in the Senate bill and create a great burden on the industry. Maximum fines haven’t been employed very often anyway. These kind of penalties could bankrupt small companies.
Rich Moskowitz continued. A big issue, he said, is the proposed increase in recordkeeping requirements, requiring an increase to three years or two years. It is a real problem for companies still using paper records. Besides, investigations should be carried out within a year anyway.
He explained that Patriot Act background checks have been implemented in stages. Drivers who meet disqualifications are supposed to turn in their commercial driver's licenses (CDLs), but no one has. Clearly this is not working, he stated. The name based portion of the program is not working well either. The next phase is fingerprinting, but only the driver and state are notified, not the company. This is a huge oversight; some form of notice must be made to the company. But this is not currently addressed in either bill.
The last item that Mr. Moskowitz addressed was that DHS and the Department of Health and Human Services (HHS) will now be able to identify other substances that would require a CDL hazmat endorsement to transport. ATA also wants standardization of the CDL process; it is concerned about a variety of state processes. Concern was also expressed about the fee drivers will have to pay for fingerprinting. ATA has proposed a public-private partnership for collecting fingerprints. Finally, he concluded, there needs to be limits to state enforcement efforts. Wants to limit fines for strict liability violations to $1,000.
Desk Audits
The next agenda item was for Donna Redman of the Nevada Highway Patrol to review the Nevada desk audit procedure. She said she does 60 per year, or about 10 percent, targeting the less-safe companies. Questions were asked and answered, generally, members like the Nevada approach. (The Nevada Desk Audit Procedure is Attached to this summary as Appendix A.). It was requested to place this on the agenda for approval at the next meeting, to be adopted by the Alliance. It would be placed in the Administrator’s Manual, along with appropriate explanatory material. It was discussed that the Alliance would adopt only desk audit procedures for now, leaving full audits for a future date.
Dave Lazarides of Illinois joined the meeting.
Database Needs
After an introduction by Jim Reed on Alliance needs, Doug Sacarto of NCSL discussed issues related to development of an Alliance database. He felt that legal issues were important. There are third parties involved regarding regulations. Many issues arise including privacy, performance, and security. Certain obligations need to be met, and certain liabilities would be incurred.
Discussion ensued. The possibility of a clearinghouse function was discussed. The issue of an online application process was also discussed. Questions that arose included: How would data collected in an online application be translated into state systems? Would states design the backend interface?
Doug Sacarto suggested that Web services can be decentralized –data and applications can be housed by each state, but reporting would be available to all. There would be specifications for what is exposed on the web. He asked members to think about a “sharing” approach, where each state has it’s own resources, but an interface is set up to share data. An agreement would need to be reached as to what data would be shared.
The application form could be centralized and value-added information i.e,. determinations made by a state on an application, could be “posted” through a web services approach. This would keep regulatory control in each state, not the third party.
James Simmons discussed some of the online services provided by FMCSA.
Discussion ensued on what might be involved in designing an online application. For instance, how do you translate the paper form into an electronic form?
Dave Lazarides recommended that it be designed with users in mind, especially law enforcement. Could it be as simple as a yes or no? Are there other factors? The simpler, the better it is for enforcement. A data base would be created to house this information. Or there would be a directory or a list of approved carriers. He suggested starting the repository small with simple authorized information. Then decide how people will access the information.
Additional question that were raised included: What factors are important to what communities of interest? Is the Alliance collecting the right kind of information on the application? Does the application need to be revisited in light of 10 years of experience?
June 15, 2004
Cindy Bahner of Illinois joined the meeting by teleconference.
Chairperson Sherry Soliz recapped the events from the day before. A meeting will be scheduled with FMCSA the week of July 12 in Oklahoma City to discuss the new federal safety permit. A conference call will precede the meeting.
State Reports
The Alliance received reports from the states in attendance.
Nevada has 700 carriers. Several new carriers have joined the program. A new person is helping with compliance reviews.
The Public Utilities Commission of Ohio is working on a new data base--the Ohio Motor Carrier Information System, OMCIS. It will contain inspections, compliance reviews (CRs), civil forfeitures, the single state registration system (SSRS), registrations, etc. Eventually this will replace HARPS, the original Alliance system. In-default carriers will not be issued any kind of authority until they clear up their outstanding fines. New driver disqualifications for grade crossing violations and out of service vehicles are being enforced. New federal fine minimums will be taken to the legislature for approval. About 2500 carriers are in the program. Around 250 are hazardous waste.
Missouri is beginning to position to join the Alliance as it has transitioned to one-stop trucking regulation.
In Oklahoma, Sherry Soliz will be transitioning day-to-day duties of the Alliance to Sherri Tidwell, as she will be taking over IRP and IFTA. Oklahoma has 44 total carriers in the program.
Illinois has 65 transporters. Over 1,000 special waste haulers are permitted.
NCSL reported that the NCSL hazmat policy will be reviewed at the upcoming meeting in Salt Lake City
Dues
All states but Minnesota have paid their Alliance dues. Alliance members agreed to send a letter to Minnesota from NCSL asking for dues payment or any explanation of why it can’t pay. If appropriate a letter from the Alliance chair would then follow. (Minnesota subsequently paid its dues.)
The members agreed to do a peer review of Minnesota in Minnesota in September. Participants will be Cindy Bahner, John Canty and Jim Reed. Jim Reed will contact Buzz Danzl to set up a time. (This peer review was postponed in light of extensive program changes discussed at subsequent meetings.)
The next meeting will be in conjunction with COHMED in January 2005, in Fort Lauderdale. The Alliance will make a presentation during the opening session. The following meeting will be with NCSTS in Boston June 13-14, 2005.
Election of New Officers
Donna Redman moved and Cindy Bahner seconded that John Canty, current vice-chair be elected as the new Alliance Chair. He was elected unanimously. John Canty nominated Jim Rhode from Nevada as vice-chair, Cindy seconded. He was elected unanimously.
Sherry Soliz moved to adopt the meeting summary from the Denver, January 2004, meeting, Donna Redman seconded. It passed unanimously.
The meeting adjourned.
Appendix A--Nevada Desk Audit
Company
Address
City, State, zip
Dear Motor Hazardous Materials Motor Carrier:
The Nevada Highway Patrol Permit Section is conducting a desk audit of your Hazardous Materials Uniform Registration and Permit application.
As part of this desk audit, we ask that you forward legible copies of the requested documents and data to the Nevada Highway Patrol, Permit Section, 555 Wright Way, Carson City, Nevada 89711-0525, within fifteen (15) days following receipt of this letter.
Requested Documents or Data
1. Documents supporting the total number of power units owned, leased, or operated by your company.
2. A copy of the International Registration Plan (IRP), International Fuel Tax Agreement (IFTA) filed by your company for the last billing period. If you do not maintain mileage records for either IRP or IFTA, provide a explanation of the methodology used to calculate the percentages indicated in question 12b of the application.
3. Provide copies of worksheets or documentation that supports your percentage of hazmat activity, as indicated in question 12c of the application.
4. A legible copy of your Form MCS-82 or MCS-90, as appropriate, and the cover page of any insurance policies identified in the Form MCS 82 or 90.
5. Has the applicant been assessed or paid any fines with penalties over $1,000, relating to hazmat transportation the past two years? Yes No
If yes, please provide date of fines/penalties/judgement levied, date of the action, nature of theviolation, cause or reason for the action, and remedial action taken to mitigate the situation, if any.
6. Has the applicant been involved in an accident while transporting hazardous materials in the past year? Yes No
If yes, attach a copy of applicants accident register.
7. Has the applicant been involved in an incident, in the past two years, involving the transportation of hazardous materials that was required to be reported under 49 CFR 171.15(a)(1)? Yes No
If yes, please provide the following information; date, location, cause of the incident, details of the remediation process, and the agency that supervised the remediation.
8. Vehicle Inspection Report and Tank Certification, if applicable. Please provide your companies statement attesting that all vehicles, per 49 CFR 396.17, and tanks, owned and/or operated have been inspected in the last 12 months. Statement should be on company letterhead and signed by a principle of the company.
9. How often are applicants vehicles serviced, and who services the vehicles?
10. Where are driver logbooks maintained and, how are they evaluated to insure conformance with hours of service?
11. Provide a copy of your Emergency Response Plan, in compliance with OSHA 29CFR 1910.120(q) regulations and, a letter attesting that all applicable employees have been fully trained to deal with hazardous materials, as outlined in 49 CFR 172 subpart H and 177.816. Letter should be on company letterhead and signed by a principle of the company.
12. Provide a statement attesting that the person certifying Part IV of the application is authorized, by the applicant, to certify this application. Statement should be on company letterhead and signed by a principle of the company.
Your prompt cooperation in this desk audit is greatly appreciated. If you have any questions, please do not hesitate to contact this office at 702-684-4622.
Sincerely,
Donna Redman
HazMat Supervisor
 Hazmat Meetings
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