The FMSCA has issued an advisory to help guide shippers and motor carriers in understanding when a Hazardous Materials Safety Permit (HMSP) is needed. This advisory also covers procedures for applying for, and renewing a HMSP, as well as for rescinding a permit when you no longer require it.
When is an HMSP required?
As per the Title 49 of the Code of Federal Regulations Section 385.403, motor carriers must hold a HMSP if transporting the following:
(a) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in §173.403 of this title;
(b) More than 25 kg (55 pounds) net weight of a Division 1.1, 1.2, or 1.3 (explosive) material or articles or an amount of a Division 1.5 (explosive) material requiring placarding under part 172 of this title;
(c) More than one liter (1.08 quarts) per package of a “material poisonous by inhalation,” as defined in §171.8 of this title, that meets the criteria for “hazard zone A,” as specified in §173.116(a) or §173.133(a) of this title;
(d) A “material poisonous by inhalation,” in a “bulk packaging,” both 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);
(e) 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; or
(f) A shipment of methane (compressed or refrigerated liquid), natural gas (compressed or refrigerated liquid), or any other compressed or refrigerated liquefied gas with a methane content of at least 85 percent, in bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons).
[69 FR 39367, June 30, 2004, as amended at 77 FR 59826, Oct. 1, 2012; 80 FR 59073, Oct. 1, 2015]
*It should be noted that the FMCSA no longer requires an HMSP to transport anhydrous ammonia domestically. Anhydrous ammonia is identified as a Division 2.2 material in the Hazardous Materials Table when being transported domestically (UN1005 ammonia, anhydrous 2.2 Inhalation Hazard). As Section §173.116 does not assign hazard zones to Division 2.2 materials, the FMCSA no longer designates the anhydrous ammonia as a Hazard zone C or D (§173.116 (a), under §385.403(e)).
A HSMP is still required if transporting the anhydrous ammonia internationally in packaging greater than 13, 248 L (3,500 gallons) (UN1005, ammonia, anhydrous 2.3 Poison Inhalation Hazard or Toxic Inhalation Hazard, Zone D).
Applying for or Renewing a HMSP
A motor carrier only needs to apply for a HMSP or a temporary HMSP if it actively intends to transport hazardous materials at the time of application.
When applying for an HMSP select the “Initial” option.
When renewing select “Renewal” option. The renewal cannot be done earlier than 60 days prior to the expiry of the current permit.
When applying, you must declare the Class or Division of the hazardous material being transported in the application. It is important to note that the motor carrier is responsible for determining the materials being transported.
The application requires you to submit proof of required insurance using the DOT MCS-90 form, along with a current Pipeline and Hazardous Materials Safety Administration (PHMSA) Hazardous Materials Certificate of Registration. Submit the documents to the Hazardous Materials Division of FMCSA at firstname.lastname@example.org or fax to (202) 366-3621
Rescinding a HMSP to the FMCSA
When you are no longer actively transporting hazardous materials that require the HMSP permit, the FMSCA asks that you contact the them to remove you from the HMSP program. You will need to email email@example.com as the option to remove yourself is not offered online. The email will need to include:
- your company name
- US DOT number
- Brief statement for reason for removal- ex) you no longer transport hazardous materials
After rescinding your permit, you are welcome to reapply in the future should you find your company transporting hazardous materials again. Please note that if during an investigation it is found that you hold a HMSP when not actively transporting materials the FMCSA will rescind the permit.
If You Want More Information…
To read the original advisory from the FMSCA please click here, or check out the FAQ or FMCSA Hazardous Materials Safety Permit Program brochure or the main website at https://www.fmcsa.dot.gov