§385.403 Prohibited transportation without safety permit.

Question 1: Is transportation of compressed natural gas (CNG) in a non-liquefied state subject to the HMSP requirements?

Guidance: Although CNG is classified as a Division 2.1 hazardous material, it is not “compressed or refrigerated liquid methane or liquefied gas with a methane content of at least 85 percent” as described in 49 CFR 385.403(f). Therefore, the transportation of this material does not require a HMSP.

Question 2: Is Anhydrous Ammonia covered under the Hazardous Materials Safety Permit Program?

Guidance: 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).

Question 3: Do the permitting requirements apply to materials that have subsidiary hazards that come under the materials list, even if their primary hazard does not? Example: A Flammable Liquid, Class 3, is a subsidiary poison inhalation hazard.

Guidance: 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.

Question 4: What are the logistics for a permitted load that is transported by more than one mode? For example, a permitted load is transferred to an ocean vessel.

Guidance: 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.

Question 5: Are government entities covered under the Hazardous Materials Safety Permit Regulations?

Guidance: 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.

Question 6: What Hazardous Materials require a Hazardous Materials Safety Permit?

Guidance: 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 than 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.

Question 7: Do the Hazardous Materials Safety Permit requirements apply to U.S. territories such as Puerto Rico?

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