Interpretation Response #03-0124 ([Dart Container Corporation] [Ms. Amanda Bishop])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 05/30/2003

Company Name: Dart Container Corporation

Individual Name: Ms. Amanda Bishop

Location State: KY Country: US

View the Interpretation Document

Response text:

May 30, 2003

Ms. Amanda Bishop               Reference No. 03-0124

Dart Container Corporation

P.O. Box 309

Horse Cave, KY 42749

Dear Ms. Bishop:

This responds to your April 24, 2003 email to Ms. Donna O"Berry in the Research and Special Programs Administration's Office of the Chief Counsel concerning hazardous materials transportation security requirements adopted under a final rule published March 25, 2003.  Specifically, you ask if the security plan requirements established in the final rule apply to shipments of Class 9 materials.

The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), as amended by the HM-232 final rule, require persons who offer for transportation or transport the following classes and quantities of hazardous materials to develop and implement security plans:

(1)     A highway route-controlled quantity of a Class 7 (radioactive) material;

            (2)     More than 25 kg (55 pounds) of a Division 1.1,1.2, or 1.3 (explosive) material;

(3)     More than one L (1.06 qt) per package of a material poisonous by inhalation that meets the criteria for Hazard Zone A;

(4)      A shipment of a quantity of hazardous materials in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids;

(5)      A shipment in other than a bulk packaging of 2,268 kg (5,000 pounds) gross weight or more of one class of hazardous materials for which placarding of a vehicle, rail car, or freight container is required for that class;

(6)        A select agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CFR part 73; and

(7)      A quantity of hazardous material that requires placarding under the provisions of subpart F of this part.

You are correct that a placard is not required for domestic shipments of Class 9 materials; however, international shipments of Class 9 materials may need to be placarded in accordance with international regulations.  If a CLASS 9 placard is not required for the domestic portion of transportation, the security plan requirements in Subpart I do not apply to such shipments, even if a CLASS 9 placard is required for the international portion of transportation.  Note, however, that a person who offers or transports a Class 9 material in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids must develop and implement a security plan, irrespective of placarding requirements.

The HM-232 final rule also includes new security training requirements.  Section 172.704(a)(4) requires all hazmat employees, defined in § 171.8 of the HMR, to receive security awareness training.  Thus, even though your Class 9 shipments may not be subject to security plan requirements, your hazinat employees must receive security awareness training.  We have developed a computer-based security awareness CD-ROM that can be used to satisfy the security awareness training requirements in § 172.704(a)(4). The training CD-ROM is available to the public at no charge; it can be downloaded from our website curity.hun) or ordered from our Training and Initiatives Office at 202-366-4900.

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Edward T. Mazzullo, Director

Office of Hazardous Materials Standards

172.800

Regulation Sections