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2009 COHMED Conference Mesa, AZ

2009 COHMED Conference Mesa, AZ. Jack Van Steenburg Director, Office of Enforcement and Compliance January 25-29, 2009. FMCSA’s Hazmat (HM) Division . Develop Policies and Procedures for Conducting: Hazardous Materials Carrier Compliance Activities

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2009 COHMED Conference Mesa, AZ

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  1. 2009 COHMED ConferenceMesa, AZ Jack Van Steenburg Director, Office of Enforcement and Compliance January 25-29, 2009

  2. FMCSA’s Hazmat (HM) Division • Develop Policies and Procedures for Conducting: • Hazardous Materials Carrier Compliance Activities • Hazardous Materials Shipper Compliance Reviews • Cargo Tank Facility Compliance Reviews • Security Contact Reviews • HM Roadside Inspections • Work with DOT Agencies on HM Regulatory Development • Conduct HM Related Research and Analysis

  3. 2008 HM Accomplishment * Total number of HM trucks inspected in 2008.

  4. HM Program Initiatives • Crash Statistics • National • HM • Revitalize Cargo Tank Program • Driver Rollover Prevention Outreach • Cargo Tank On-Line Registration Changes • Cargo Tank Manufacturing Program • HM Shipper Prioritization • HM Safety Permitting (HMSP) • 9/11 Commission Act (HM Routing)

  5. Fatalities in Motor Vehicle Crashes

  6. Cargo Tank Driver Rollover Prevention Outreach Plan 42% of injuries from single vehicle large truck crashes between 2001 and 2005 are due to rollovers. 52% of truck occupant fatalities involve a rollover crash. Rollovers account for 24% of all HM crashes and 75% percent of all HM spills. FMCSA is in the process of creating an Outreach DVD for the industry to minimize cargo tank rollovers.

  7. Cargo Tank Manufacture Program Goal is to prevent catastrophes related to faulty manufacturing of cargo tanks. Update guidelines for conducting manufacturer reviews and structural analysis. Improve communication between manufacturers, inspectors and HQ to service the needs of the cargo tank industry. Provide technical support and onsite assistance to FMCSA personnel when inspections occur. Federal Motor Carrier Safety Administration

  8. Cargo Tank Facility On-Line Registration Changes to the 49 CFR 107.501 • Out of 513 companies contacted, 327 had bad numbers, 66 did not respond and 120 registrations were resolved.  The estimated issues resolved was 24%. • The revised on-line registration will eliminate these problems by requiring completion of all mandated fields prior to application processing.

  9. HM Shipper Prioritization • Focus resources on problematic HM Shippers • High Violation Frequency • Complaints • High HM Incident Frequency • Uses a weighting algorithm to determine priority of HM Shippers to be reviewed • System to be completed in February 2009.

  10. Hazardous Materials Safety Permit (HMSP)49 CFR Part 385 Subpart E • FMCSA issuing HMSP since January 3, 2005 • HMSP Qualifying Criteria: • Satisfactory Safety Rating • Satisfactory Security Program • Crash Rate • Driver, Vehicle and Hazardous Materials out-of-service percentage • Registration with the PHMSA • Insurance/Financial requirements

  11. HMSP Status

  12. Federal Register Notice (73 FR 53383): FMCSA Policy on Crash Preventability The carrier is to submit compelling evidence and adequate proof that a crash(es) was not preventable as an attempt to resolve a crash rate above the National Avg. This is applicable as an attempt to overturn a denied HMSP, as part of an Admin. Appeal, or when applying for or renewing an HMSP. If the recalculation results in a crash rate below the HMSP threshold and no other disqualifying factors exist, FMCSA will issue the HMSP.

  13. Federal Register Notice (72 FR 4699 - 4720): HM 218 D Final Rule Shipper’s responsibility, 49 CFR Sec.173.22(b) No person may offer a motor carrier any hazardous material…unless the motor carrier holds a valid safety permit. Preamble language states that shippers are to exercise due diligence and responsible care with respect to selecting motor carriers. FMCSA is creating a validation system for shippers on the SAFER website, http://safer.fmcsa.dot.gov, to provide only a Yes or No and the carrier HMSP expiration date.

  14. 9/11 Commission ActHM Highway Routing • Document existing and proposed routes • Assess and characterize existing and proposed routes • Analyze current route regulations in cross-border • Document safety and security concerns • Guidance materials for State • Tool for States to assess security risk • Report to Congress of actions and recommended changes to routing requirements.

  15. Contact Information Jack Van Steenburg Director, Office of Enforcement and Compliance US DOT/FMCSA 1200 New Jersey Ave., SW Washington, DC 20590 Phone: 202-366-4553

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