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Petition #1

Adopted by the Governing Board of 
The Alliance for Uniform Hazmat Transportation Procedures

Changes to Make the Uniform Program Equivalent with the Federal Safety Permit

Considered January 24-25, 2004, Adopted February 10, 2005

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 Governing Board of the Alliance for Uniform Hazmat Transportation Procedures (the Alliance) adopts the following changes to the Uniform Program (UP).  The changes delineated below are intended to create a separate permitting element within the existing Uniform Program applicable to motor carriers that transport one or more of the hazardous materials that are covered by the federal safety permit.  For the purposes of this paper, these will be known as the "federal hazmats."  Presently these materials include: 

1. Radioactive material--A highway route-controlled quantity of Class 7 materials;
2. Explosives--More than 25kg of a Division 1.1, 1.2 or 1.3 material or an amount of a Division 1.5 material requiring a placard under 49CFR part 172, subpart F;
3. Toxic-by-Inhalation (Division 2.3 and 6.1) Materials--Hazard Zone A materials in a packaging with a capacity greater than one liter (0.26 gallons); a shipment of Hazard Zone B materials in a bulk packaging (capacity greater than 450 L [119 gallons]) or a shipment of hazard Zone C or D materials in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons);
4. A shipment of compressed or refrigerated liquid methane or natural gas or other liquefied 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.

The Alliance has been in discussions with the Federal Motor Carrier Safety Administration (FMCSA) for several months regarding potential equivalency of the Uniform Program (UP) with the new federal safety permit (68 FR 39350), which was implemented January 1, 2005.  The rule says that if a state's program is equivalent to the federal program, then FMCSA will issue a safety permit based on the successful issuance of the comparable state permit.  Sec. 385.411 would allow FMCSA to issue a federal safety permit, without further inspection or investigation, when it can verify that a state has a safety permit program that is equivalent to the requirements in 49 U.S.C. 5109.  The Alliance adopts the following revisions to its program to allow FMCSA verification that the Alliance UP is equivalent to the federal safety permit for those carriers that transport materials subject to the federal permit.  The Alliance sets a target date of January 1, 2006 for implementation of these adopted changes.

The Alliance Board also adopts changes to streamline the application and review process based on ten years of experience.

The adopted changes are summarized below.

A list of "Minimum Standards of Equivalency for the Alliance" covering the federal hazmats was provided to the Alliance by FMCSA.

According to FMCSA, the Alliance program, at a minimum, must:

1. Recognize the hazardous materials listed in 385.403 as permitted federally hazardous materials and subject those motor carriers that transport the federal hazmats to the requirements for the minimum standard of Alliance program.
2. Incorporate an application process to include the pertinent information for evaluating a motor carrier that transports the four federally permitted hazardous materials.
3. Incorporate a system that only satisfactory (SAT) carriers can transport the federally permitted hazardous materials
4. During a motor carrier compliance review, evaluate the security program for a motor carrier that transports or will be transporting the federally permitted hazardous materials.
5. Incorporate a system that will check RSPA registration prior to issuing a HM permit to a motor carrier that transports the federal hazmats.
6. Incorporate a process to suspend or revoke a HM permitted motor carrier permit. The Alliance minimum standard for suspension or revocation is not contingent upon FMCSA final rule for HM Safety Permits as long as there is some type of suspension or revocation period.
7. Incorporate a system to meet the circumstances in 385.421, which lists ten grounds for revocation and suspension, that will have a means to suspend or revoke a motor carrier’s federal hazardous materials safety permit.
8. For motor carriers transporting the federal hazmats, conduct a review of the motor carrier out-of-service and crash rate to determine if it is in the top 30 percent of the national average.

Items 4, 5, and 6 are already part of the existing UP.  The Alliance proposes that the remaining equivalency standards be met as detailed below.

1. The Alliance expands its program to register and permit carriers of the applicable federal hazmats.  Four states (MN, NV, OH, WV) already cover these materials.  OK will pick up these materials.  IL and MI currently regulate only hazardous waste and likely will not include the federal hazmats.  To handle this situation, the following steps will be taken: 
   A.)  The other Alliance states will register and permit those interstate carriers of federal hazmats in IL and MI, based on existing UP criteria for base state selection;
   B.)   Intrastate carriers of federal hazmats in these states will receive permits from FMCSA.
2. The Alliance revises its procedures to include the pertinent information for evaluating a motor carrier that transports the federal permitted hazardous materials.  It already collects information on classes of hazmat transported.  Other elements related to including pertinent information for evaluation are included under items 3-8.
3. The Alliance changes its program to require a "Satisfactory" safety rating for carriers transporting federal hazmats.  Alliance procedures will be revised to be consistent  with FMCSA requirements regarding a temporary permit for carriers of federal hazmats.    Under the Alliance program, the permitting of applicants (other than those  carrying federal hazmats) that have a "Conditional" safety rating, and meeting other UP review criteria, will continue. 

4, 5 and 6 are already part of the Alliance UP and no changes are required.

7.  Current Alliance procedures list four main criteria for suspension and/or revocation.  These include violations of the HMR that pose imminent hazard to the public or the environment; exhibition of reckless disregard for the public or environment; false statements; and an "Unsatisfactory" safety rating.  Additional criteria as found in 49 CFR 385.421 is added to the Alliance program pertaining to carriers of federal hazmats.  These new grounds for suspension or revocation of motor are: 

• No renewal application,
• False information,
• Final safety rating less than satisfactory,
• Failure to maintain satisfactory security plan,
• Failing to comply with regulations in a manner showing motor carrier is not fit to transport hazmat,
• Failing to comply with OOS order,
• Failing to comply with any other order in a manner showing the carrier is not fit to transport hazmat,
• Failing to maintain minimum insurance,
• Failing to maintain RSPA registration,
• Loss of operating rights or suspended registration for failing to pay.

8.  For motor carriers transporting the federal hazmats, Alliance procedures will be revised to conform with the FMCSA's review standard regarding motor carrier out-of-service and crash rate.

Additional Revisions

The application is reformatted and the instructions are incorporated into the application.  Questions eliminated include Part II A 2 regarding type of business and Part II C 1 regarding a carrier's safety rating.  The language "listing and explanation should be identified as attachment XX to this application" are eliminated from questions Part II D 1, 2 and 3 and question E.  Under Part II H, the questions asking for the location of financial responsibility forms is proposed to be eliminated.  Part III, "Additional Information Required From Motor Carriers of Hazardous Waste" will be retained and made optional for new states to use.  Part IV includes a new certification pertaining to safety ratings, out-of-service rate and financial responsibility.  The Part IV signature line will specify the signature of the owner or officer of the company.  A consolidated one-page fee worksheet will be used instead of the existing multiple page worksheet.

(Adopted unanimously by the Alliance Governing Board in a conference call vote held February 10, 2005.)

 Alliance page

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