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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 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.



Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
172.800 Purpose and applicability