Interpretation Response #03-0177 ([A.I.D., Inc.] [Mr. Donald Brittingham])

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

Interpretation Response Details

Response Publish Date: 08/05/2003

Company Name: A.I.D., Inc.

Individual Name: Mr. Donald Brittingham

Location State: DE Country: US

View the Interpretation Document

Response text:

Aug 5, 2003

Mr. Donald Brittingham               Reference No. 03-0177
Vice President
A.I.D., Inc.
P.O. Box 6047
Wilmington, DE 19804

Dear Mr. Brittingham:

This is in response to your July 16,2003 letter requesting clarification of the requirements in
§ 172.802(a)(3) in the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask to what extent must a shipper go to ensure that a carrier's security plan is adequate.

As we suggested in the preamble to the HM:-232 final rule, we expect shippers to work with carriers to address en route security risks for the materials covered by the security plan. In some cases, a shipper and carrier may have a joint plan; in others, a shipper and carrier may have two separate security plans. The regulation provides the flexibility necessary to enable shippers and carriers to determine the best methods for addressing en route security issues. A shipper should satisfy itself that the carrier that will be transporting its material has a security plan in place that adequately addresses the assessed security risks of the material to be transported, including risks related to storage of the material during transportation.

Our website, at http://hazmat.dot.gov/hmtsecurity.htm, includes a variety of information and guidance to assist persons in complying with the new security regulations. For example, we have developed a risk management self-evaluation framework to assist companies with using risk assessment methodology to identify points in the transportation process where security procedures should be enhanced. A guidance brochure is available that includes specific
measures a company may want to consider to enhance transportation security. A computer-based security awareness CD-ROM that can be used to satisfy the security awareness training requirements in § 172.704(a)(4), is available to the public at no charge; it can be downloaded from our website or ordered on-line or by calling the Office of Hazardous Materials Training and Initiatives at 202-366-4900.

I hope this satisfies your request.

Sincerely,

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

Regulation Sections