Interpretation Response #03-0118
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Sep 11, 2003
Mr. Ted Nebrich Reference No. 03-0118
Waste Technology Services, Inc.
640 Park Place
Niagara Falls, New York 14301
Dear Mr. Nebrich:
This is in response to your letter dated May 6, 2003 regarding the applicability of the security requirements under Part 172, Subpart I of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if environmental consultants who prepare shipping papers for their clients must create a security plan and if so can a single security plan be used for more than one client site.
Security plans apply to each person who offers for transportation in commerce or transports in commerce a hazardous material listed in paragraph (b)(1) - (7) of § 172.800. The term "offeror" is not defined in the HMR; however, generally a person who perfonns one or more functions of an offeror is considered an offeror for HMR purposes. Offeror functions are functions performed to prepare a shipment for transportation (i.e., selection of a proper shipping name, preparation of shipping papers, marking or labeling a package, etc.). Therefore, by creating shipping papers for your clients you are an offeror and when dealing with materials in a quantity provided in § 172.800(b)(1) - (7) you must develop and adhere to a security plan.
A security plan should cover the activities undertaken by an offeror to prepare shipments for transportation and should consider the nature of those activities. We do not expect shippers or carriers to develop security plans for activities that they do not perform or for materials to which they do not have access. A person who performs certain offeror functions, for example, but does not actually have access to the hazinat to which the function applies need not address unauthorized access issues in his security plan. Similarly, a person who performs certain offeror functions, but is not involved with decisions concerning the actual transportation of the hazardous material need not address en route security issues in the security plan. The security plan requirement is flexible, permitting shippers and carriers to adapt security plan requirements to their specific circumstances. If the offeror functions you perform include only preparation of shipping papers, then your security plan should cover that function to the extent necessary. For example, if you prepare shipping papers, but do not have access to sensitive shipping information, such as shipping dates and routes, then your security plan may be minimal. However, if in the course of preparing shipping papers, you have access to information related to the security of the shipment during transportation, then you must have a security plan to address those security issues. Provided the security plan fulfills the requirements of § 172.802, you may utilize the same or a similar security plan for different shipments.
I hope this satisfies your request.
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
|§ 172.800||Purpose and applicability|