# Presentation: 478647

## Motor Carrier Safety Improvement Act (MCSIA) Compliance

- Juarez Jackson
- Raymond Wilcox
- Benedict College
- Eisenhower Scholars

## Security Issues

- In reviewing the Motor Carrier Safety Improvement Act (MCSIA), there are certain security measures and laws which govern the viability of this Act.  These security measures include:
**Patriot Act**
**HMR-232** (HMR-232—Hazardous Material Regulatory 232)
- 		-**FMCSA** (Federal Motor Carrier Safety Administration)
- Each play an important role in ensuring that:
- The Commercial Drivers License Program is upheld
- The Commercial Driver’s License Information System facilitates the clearinghouse and repository process
- The United States is protected from global and local threat

## Security Issues (Patriot Act)

- _Patriot Act_
- In passing the Patriot Act, Congress provided for only modest, incremental changes in the law. Congress simply took existing legal principles and retrofitted them to preserve the lives and liberty of the American people from the challenges posed by a global terrorist network.
- 	**The Patriot Act Improves Our Counter-Terrorism Efforts in Two Significant Ways:**
**	****1. **The Patriot Act allows investigators to use the tools that were already available to investigate organized crime and drug trafficking.
- 	**2.**  The Patriot Act increased the penalties for those who commit terrorist crimes. (Punishes terrorist attacks on mass transit systems)

## Security Issues (HMR-232)

- HMR-232—Hazardous Material Regulatory 232
- On March 25, 2003, the Research and Special Programs Administration (RSPA) published a final rule under Docket HM-232 (68 FR 14510). The final rule requires persons who offer certain hazardous materials for transportation in commerce and persons who transport certain hazardous materials in commerce to develop and implement security plans. In developing the HM-232 final rule, the administration assessed the security risks associated with the transportation of different classes and quantities of hazardous materials.
-  **The RSPA concluded that the most significant security risks involves:**
- the transportation of certain radioactive materials
- certain explosives
- materials that are poisonous by inhalation
- certain infectious and toxic substances
- bulk shipments of materials such as flammable and compressed gases, flammable liquids, flammable solids, and corrosives.

## Security Issues (HMR-232)Cont’.

- Based on this security risk assessment, the HM-232 final rule requires persons who offer for transportation or transport the following hazardous materials to develop and implement security plans:
- A highway route-controlled quantity of a Class 7 (radioactive) material;
- more than 25 kg (55 lbs) of a Division 1.1, 1.2, or 1.3 (explosive) material;
- more than 1 L (1.06 qt) per package of a material poisonous by inhalation in Hazard Zone A;
- a shipment in a bulk packaging with a capacity equal to or greater than 13,248 L (3,500 gal) for liquids or gases or greater than 13.24 cubic meters (468 cubic feet) for solids;
- infectious substances listed as select agents by the Centers for Disease Control and Prevention (CDC) in 42 CFR part 73; and
- a shipment that requires placarding. Select agents are infectious substances identified by CDC as materials with the potential to have serious consequences for human health and safety* if used illegitimately. *
- The HM-232 final rule also includes new security awareness training requirements for all risks associated with hazardous materials transportation, measures designed to enhance transportation security, and a component covering how to recognize and respond to possible security threats.

## Security Issues (FMCSA)

- FMCSA-Federal Motor Carrier Safety Administration
- 	FMCSA-developed regulations to implement the hazardous materials licensing provisions of the USA PATRIOT Act.
- 	Transportation Security Administration's (TSA) regulation, addresses the procedures for making determinations as to whether an individual poses a security threat warranting denial of a hazardous materials endorsement for a commercial driver's license and for appealing and issuing waivers to such a determination.
-       In today's edition of the Federal Registry, FMCSA is publishing a companion regulation amending Part 383 of the Federal Motor Carrier Safety Regulations (FMCSRs) to prohibit states from issuing, renewing, transferring, or upgrading a commercial driver's license with a hazardous materials endorsement unless the Attorney General has first conducted a background records check of the applicant and TSA has determined that the applicant does not pose a security threat.

## Work Cited

- From the Federal Register Online via GPO Access
- 	http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-10828.htm
- _[http://www.dot.gov/rulesregs/fmcsr/final/SafetyPerform_3-30-04](http://www.dot.gov/rulesregs/fmcsr/final/SafetyPerform_3-30-04)__.pdf  _