Interpretation Response #03-0215 ([Hubbard Construction Company] [Mr. Stephen J. Brown])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Hubbard Construction Company
Individual Name: Mr. Stephen J. Brown
Location State: FL Country: US
View the Interpretation Document
Response text:
Apr 13, 2004
Mr. Stephen J. Brown Reference No. 03-0215
Assistant Director of Safety
Hubbard Construction Company
Jacksonville Division
P.O. Box 60429
Jacksonville, FL 32236-0429
Dear Mr. Hubbard:
This responds to your letter requesting clarification of the security plan requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the security plan requirements of § 172.800 of the HMR apply to a private carrier of hazardous materials. Your company transports gasoline and diesel fuel in placarded vehicles used to service a fleet of construction vehicles. It is your understanding that the security plan requirements of the HMR apply to for-hire carriers only. I apologize for the delay in responding and any inconvenience it may have caused.
The answer to your question is yes. As of September 25, 2000, any "person" who offers for transportation in commerce or transports in commerce one or more or the materials or criteria specified in § 172.800(b) must develop and adhere to a security plan for hazardous materials. A person is defined as an individual, firm, co-partnership, corporation, company, association, or joint-stock association (including any trustee, receiver, assignee, or similar representative) that transports a hazardous material to further a commercial enterprise or offers a hazardous material for transportation in commerce. This includes private carriers. We welcome you to visit our website http://hazmat.dot.qov and review the information and guidance provided under the security link.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
172.800
Regulation Sections
| Section | Subject |
|---|---|
| 172.800 | Purpose and applicability |