No. Carriers are not required to comply with the permitting requirements before they apply for their Hazardous Materials Safety Permit during the phase-in period. FMCSA recommends companies set up these systems ahead of applying for their HM Safety Permit to make sure they work and will be in compliance once the permit is issued.

Last Updated : April 15, 2014

No. Government entities do not fall under the definition of a motor carrier. Private contractors working for a government entity are considered motor carriers and are covered by the HM Safety Permit regulations.

Last Updated : April 14, 2014

Yes. The HM Safety Permit requirements are enacted under the authority of the Hazardous Materials Law, which applies to U.S. Territories.

Materials poisonous by inhalation that meet the definitions in 49 CFR parts 171.8, 173.116(a) and 173.133(a) will require a permit regardless of other hazards the materials may exhibit. Materials will generally not have a subsidiary radioactive or explosive hazard as these hazards would be considered the primary hazard. Liquefied gases must have at least 85% methane content to require a permit, or meet the definitions of materials toxic by inhalation, explosive or radioactive.

Last Updated : April 14, 2014

FMCSA has separated the initial application requirements from those for maintenance and renewal of a HMSP.  Therefore, the conditions set forth in section 385.407 apply only to initial applicants and Temporary HMSP holders.

Once the HMSP goes into a non-temporary status, it is then subject to the conditions for suspension and revocations in section 385.421.  Specifically, for implementation of the recommendations mentioned in Question 3, section 385.421(a)(5) is used as the basis for determining whether a carrier is identified for enhanced oversight.

Basically, FMCSA has added 3 conditions to SMS in order to identify carriers for “enhanced oversight.”  These conditions are:

1. The Hazardous Materials (HM) Compliance BASIC is above threshold for 2 consecutive months;

2. Two BASICs, other than the HM Compliance BASIC, are above threshold for 2 consecutive months; or

3. There is insufficient data (no BASIC scores) for 48 consecutive months and the safety rating is ≥ 4 years old.

Last Updated : July 29, 2015

A carrier would file the MCS-150B form to start the application process. A carrier that does not have a USDOT Number will receive one by filing the MCS-150B.

Downloadable versions of the MCS-150B are available on our web site.

You can also apply online.

Last Updated : April 15, 2014

Once an HMSP becomes non-temporary, section 385.407 no longer applies to the carrier’s ability to renew its HMSP.  Therefore, as long as an HMSP holder submits its biennial update (MCS-150B) and is not in violation of any of the conditions for suspension or revocation in section 385.421, the HMSP remains valid.

Last Updated : July 29, 2015

The "top 30%" is a factor defined by examining ALL motor carriers registered for a USDOT Number. The factor establishes a threshold where in the total population of motor carriers, 30% of them fall above the number for out-of-service rates and crashes at the 70th percentile. The "top 30%" threshold rates will remain static rather than change every two years and are published on the FMCSA website, for motor carriers to determine their ability to transport permitted Hazardous Materials.

Since the inception of the program, data from the entire eight year period was used in the calculations for the new fixed rates. The threshold rate calculation included only carriers that had at least 12 inspections over the 8 years. The top (worst-performing) 30% of the National averages were determined by establishing a cut-off at the numerical threshold value located at the 70th percentile in each category using eight years of data. All carriers with a driver, vehicle, or HM OOS rate less than the cut-off are considered to be below the National Average for each category, and, therefore, eligible for participation in the program. Carriers with a driver, vehicle, or HM OOS rate that is equal to or greater than the cutoff in each category are in the 30%, or the worst-performing category, and will be denied an HMSP.

Motor carriers that transport permitted HM may obtain their out-of-service rates from their Company Safety Profile  and compare it to the national rates posted on the FMCSA website.

In order to calculate the fixed crash rate the 8-year period, since the inception of the program, was divided into four 2-year periods. Qualifying motor carriers had at least 2 crashes in at least one 2-year period. Then the number of power units for each qualifying 2-year period was captured based on snapshots taken immediately after the end of each FY. The crash rate for each 2-year period motor carrier was then determined in each time period by taking the number of crashes indicated and dividing by the number of power units times two. Finally, all carrier/time period combinations were ranked based on crash rate, with a resulting crash rate threshold at the 70th percentile of 0.136.

A motor carrier may determine its crash rate as the number of crashes divided by the number of power units as follows: HM Permitted Motor Carrier crash rate = Number of crashes in the past 365 days / total number of power units (operating).

The New Fixed Rates are: Driver: 9.68; Vehicle: 33.3; HM: 6.82; Crash: 0.136. These rates are now in effect and are being used to establish a company's eligibility for an HMSP. Detailed information on the method used to calculate these rates is published on FMCSA's SAFER website. The Federal Register notification can be viewed at 77 FR 38215. 

Last Updated : April 15, 2014

When it was published, the rule affected about 3,100 carriers, of which about 1,000 are intrastate carriers and 2,100 were interstate carriers. Of this total number affected, about 2,400 of these carriers were small businesses.

Last Updated : April 14, 2014

FMCSA will review the permit holder’s SMS scores monthly to determine if the carrier has exceeded intervention thresholds for either the HM BASIC or any two BASICs besides the HM BASIC for the preceding two consecutive months.  Scores are based on carrier performance for the preceding 24 months according to CSA procedures.  If the carrier has exceeded the HM BASIC or any other two BASICs for each month over a consecutive two-month period, FMCSA will identify the carrier for investigation with HM emphasis.

Last Updated : July 29, 2015

On June 29^th, 2015, FMCSA published a Federal Register notice (Vol. 80, No.124, p. 37037), “Proposal for Future Enhancements to the Safety Measurement System (SMS)” for public comment.  Any finalized changes to the SMS intervention thresholds will immediately apply to the HMSP program because the enhanced oversight determinations are based on carrier performance under various SMS intervention thresholds.

Last Updated : July 29, 2015

Due to Anhydrous Ammonia (ammonia, anhydrous) having both international and domestic entries in the Hazardous Materials Table (HMT)(See 49 CFR § 172.101), considerations must be made in order to determine the need for a Hazardous Materials Safety Permit (HMSP):

• For Anhydrous Ammonia in “domestic transportation” (See 49 CFR § 171.8)  and described as UN1005 ammonia, anhydrous 2.2 Inhalation Hazard, an HMSP is not required.
• For Anhydrous Ammonia described as UN1005, ammonia, anhydrous 2.3 Poison Inhalation Hazard or Toxic Inhalation Hazard, Zone D, and when transported in a packaging having a capacity greater than 13,248 L (3,500 gallons), an HMSP is required.  In these instances, Anhydrous Ammonia meets the definition of a Material that is Poison-By-Inhalation or Toxic-By-Inhalation as defined in 49 CFR § 171.8 and meets the criteria for a hazard zone D as specified in 49 CFR § 173.116(a).

Last Updated : August 29, 2017

No.  If a carrier is identified for enhanced oversight, the Agency will monitor the carrier’s safety and compliance behaviors, and conduct an investigation when warranted.  If an investigation is conducted and the final safety rating is less than satisfactory, then the HMSP will be immediately suspended.  During the time a carrier has a proposed rating of less than satisfactory, the carrier may file a petition for a change in the safety rating based on corrective action in accordance with 49 CFR 385.17, or a petition for administrative review based on 49 CFR 385.15.

Last Updated : July 29, 2015

Yes.  FMCSA will continue the policy allowing carriers to request a determination of crash non-preventability and the removal of such crash or crashes from consideration of the carrier’s crash rate calculation, if the carrier knows that its recorded crash rate will likely be greater than the national average.

Last Updated : July 29, 2015

No.  If the carrier’s safety status improves while awaiting the comprehensive investigation, the Division Administrator may elect to remove the carrier from the “Investigate 1” list, as long as it is noted in the carrier assignment system why the carrier was removed.

Last Updated : July 29, 2015

The investigation must be performed within 6 months of the carrier being identified for enhanced oversight.

Last Updated : July 29, 2015

For HMSP carriers with insufficient data to calculate a percentile in SMS - those who rarely undergo roadside inspections and have a safety rating over 4 years old - FMCSA will conduct comprehensive investigation to calculate a percentile in SMS during any month of the current 48-month period. 

Last Updated : July 29, 2015

Carriers will be required to:

• Maintain a "satisfactory" safety rating in order to obtain and hold a safety permit
• Maintain their crash rating, and their driver, vehicle, hazardous materials or out-of service rating so they are not in the worse 30 percent of the national average as indicated in FMCSA's Motor Carrier Management Information System (MCMIS)
• Have a satisfactory security program (according to section 49 CFR Part 172, Subpart I) and associated training (according to section 49 CFR 172.704(a)(4) & (a)(5)) in place
• Maintain registration with PHMSA
• Develop a system of communication that will enable the vehicle operator to contact the motor carrier during the course of transportation and maintain records of these communications
• Have written route plan required for radioactive materials set forth in 49 CFR 397.101 and for explosives in Part 397.19 (currently required)
• Perform a pre-trip inspection (North American Standard (NAS) Level VI Inspection Program for Radioactive Shipments) for shipments containing highway route controlled Class 7 (radioactive) materials

There will be a process for issuing temporary safety permits, revoking and suspending a safety permit, and appealing decisions to suspend or revoke a safety permit.

Last Updated : April 15, 2014

The Hazardous Materials Safety Permit is only required for motor carriers. A motor carrier's HM Safety Permit-related responsibilities end when the material is transferred to the next mode.

Subsequently, permit-related responsibilities begin when the motor carrier assumes responsibility for the material.

In the case of the example, above, when the motor carrier has delivered the permitted load to the vessel operator's facility, then the motor carrier's permit-related responsibility ends.

Last Updated : April 14, 2014

The following hazardous materials carried in these quantity amounts will require an HM Safety Permit:

• Radioactive Materials: A highway route-controlled quantity of Class 7 material, as defined in 173.403 of 49 CFR.
• Explosives: More than 25kg (55 pounds) of a Division 1.1, 1.2 or 1.3 material, or an amount of a Division 1.5 material requiring a placard under Part 172 Subpart F of 49 CFR.
• Toxic by Inhalation Materials:
  • Hazard Zone A: More that one liter (1.08 quarts) per package of a "material poisonous by inhalation," as defined in 171.8 of 49 CFR, that meets the criteria for "hazard zone A," as specified in 173.116(a) or 173.133(a) of 49 CFR
  • Hazard Zone B: A "material poisonous by inhalation," as defined in 171.8 of this title, that meets the criteria for "hazard zone B," as specified in 173.116(a) or 173.133(a) of 49 CFR in a bulk packaging (capacity greater than 450 L [119 gallons])
  • Hazard Zone C & D: A "material poisonous by inhalation," as defined in 171.8 of this title, that meets the criteria for "hazard zone C," or "hazard zone D," as specified in 173.116(a) of this title, in a packaging having a capacity equal to or greater than 13,248 L (3,500 gallons)
    • Due to Anhydrous Ammonia (ammonia, anhydrous) having both international and domestic entries in the Hazardous Materials Table (HMT)(See 49 CFR § 172.101), considerations must be made in order to determine the need for a Hazardous Materials Safety Permit (HMSP):
      • For Anhydrous Ammonia in “domestic transportation” (See 49 CFR § 171.8)  and described as UN1005 ammonia, anhydrous 2.2 Inhalation Hazard, an HMSP is not required.
      • For Anhydrous Ammonia described as UN1005, ammonia, anhydrous 2.3 Poison Inhalation Hazard or Toxic Inhalation Hazard, Zone D, and when transported in a packaging having a capacity greater than 13,248 L (3,500 gallons), an HMSP is required.  In these instances, Anhydrous Ammonia meets the definition of a Material that is Poison-By-Inhalation or Toxic-By-Inhalation as defined in 49 CFR § 171.8 and meets the criteria for a hazard zone D as specified in 49 CFR § 173.116(a).
• Methane: A shipment of compressed or refrigerated liquefied methane or liquefied natural gas or other liquefied gas with a methane content of at least 85% in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases.

Last Updated : August 29, 2017