Interpretation Response #03-0176 ([NRS Logistics] [Mr. David Hiromura])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: NRS Logistics
Individual Name: Mr. David Hiromura
Location State: NY Country: US
View the Interpretation Document
Response text:
Aug 11, 2003
Mr. David Hiromura Reference No. 03-0176
NRS Logistics
10 Bank Street, Ste 1110
White Plains, NY 10606
Dear Mr. Hiromura:
This responds to your July 18, 2003 letter and subsequent conversation with Ms. Susan Gorsky concerning hazardous materials transportation security requirements adopted in the final rule published March 25, 2003, under docket HM-232. Specifically, you ask how the security plan requirements established in the final rule apply to a person (overseas subcontractors) domiciled outside the United States.
Foreign-based entities must comply with all applicable HMR requirements when operating within the United States. Foreign entities that ship or transport hazardous materials in the United States in quantities listed in the HM-232 final rule must develop and implement security plans for those hazardous materials. Foreign entities, such as overseas subcontractors, that do not operate in the United States are not subject to the security plan requirements. Carriers are not required to verify whether a shipper has a security plan that conforms to the HM-232 requirements nor are shippers required to verify that a carrier has a security plan that conforms to the HM-232 requirements. At a minimum, however, a shipper should satisfy itself that its carrier has a security plan in place that covers the hazardous material to be transported.
As you note, in December 2002, the United Nations Committee of Experts on the Transport of Dangerous Goods amended the UN Recommendations on the Transport of Dangerous Goods to add a new Chapter 1.4 011 security provisions. The UN Recommendations include requirements for security awareness training and development and implementation of security plans. The HM-232 final rule provides that security plans that conform to regulations or guidelines issued by international organizations may be used to satisfy the security plan requirements in Subpart I of Part 172 (see
§ 172.804).
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
Regulation Sections
| Section | Subject |
|---|---|
| 172.802 | Components of a security plan |