Md. Code Regs. 11.05.02.09

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.05.02.09 - Permit Procedures

A. The following persons shall make application to introduce in the Port any commodity requiring a permit:

(1) The Baltimore representative of a vessel whether or not the cargo is for import, export, in-transit shipment, or a landbridge movement; or

(2) Any other person who wishes to introduce in the Port any commodity requiring a permit.

B. In cases when commodities requiring a permit arrive in the MPA port facility and the Baltimore representative of the water carrier cannot be immediately identified, the person controlling the area where the hazardous material comes to rest on the MPA port facility shall apply for a permit at once.

C. Applicants shall submit their application and send it to the Manager, SERM or the Manager's designee, Maryland Port Administration, by fax to 410-285-0921.

D. Applicants shall send applications to the Manager, SERM or the Manager's designee, at least 48 hours before the arrival of the affected vessel at an MPA port facility.

E. Under unusual circumstances, applicants may seek a permit by telephone at 410-633-1147, but in all cases, they shall promptly fax an application.

F. When applying for a permit, the permit applicant shall state:

(1) The shipper's name, address, and, if possible, a telephone number;

(2) The shipping name and identification number prescribed for the hazardous material as required by 49 CFR § 172.101 or 172.102, including the technical name when the material is described as "N.O.S." (not otherwise specified) entry;

(3) The hazard class prescribed for the material as required by 49 CFR § 172.101 or 172.102, or the IMDG Code;

(4) The total quantity (by weight, volume, or as otherwise appropriate) of the hazardous material covered by the description;

(5) The identification of the type of packages, such as barrels, drums, cylinders, and boxes;

(6) The complete consignee's name and address including the port of destination (if known) on exports;

(7) The name, scheduled date of arrival, and berth assignment (if known) of vessel involved;

(8) The date and estimated time of arrival of the hazardous materials at the terminal;

(9) The mode of land transport involved in transporting the hazardous material to or from the terminal;

(10) Whether the shipment is breakbulk or container, including the container or boxcar number; and

(11) If the shipment is a container, whether there is a stripping and stuffing requirement.

G. Requests for permits for fissile materials considered a certain dangerous cargo under 33 CFR § 160.204 shall additionally include:

(1) The name of each fissile material;

(2) The type of packaging and identification marking as prescribed by 49 CFR 173 ;

(3) The activity in each package of the shipment in terms of curies, millicuries, or microcuries;

(4) The transport index assigned to each package in the shipment;

(5) The fissile class of each package unless the shipment is exempt pursuant to 49 CFR § 173.453.

H. Requests for permits for ammonium nitrate shipments shall additionally include the composition of the material, including the percentage of ammonium nitrate by weight, along with a detailed description of the packaging.

I. A permit may be denied if:

(1) The person requesting the permit has previously violated any of these regulations; or

(2) In the judgment of the Manager, SERM or the Manager's designee, or the Director of Security or the Director's designee, it would be unsafe or pose a potential security risk to introduce in the MPA port facility the hazardous material at that time.

Md. Code Regs. 11.05.02.09

Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)