Interpretation Response #06-0170
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Aug 10, 2006
Mr. John Anderson Reference No. 06-0170
P.O. Box 20067
Cheyenne, WY 82003
Dear Mr. Anderson:
This is in response to your letter requesting clarification of the security plan requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180). Specifically, you ask whether the HMR require a "site specific" security plan. You state that you cannot find the term in the HMR, but understand that it is a requirement. You have been asked by auditors to produce a site specific security plan and documentation of training on the plan, and you request HMR cite references for these requirements.
The requirement to develop and implement a security plan applies to persons who offer for transportation or transport the hazardous materials specified in § 172.800 of the UMR. Each security plan must include an assessment of possible transportation security risks for shipments of the listed hazardous materials and appropriate measures to address those risks. At a minimum, each security plan must address personnel security, unauthorized access, and en route security, as provided in § 172.802.
The HMR set forth general requirements for a security plan"s components rather than a prescriptive list of specific items that must be included. The HMR set a performance standard providing shippers and carriers with the flexibility necessary to develop security plans addressing their individual circumstances and operational environment. Accordingly, each security plan will differ because it will be based on a shipper"s or a carrier"s individualized assessment of the security risks associated with the specific hazardous materials it ships or transports and its unique circumstances and operational environment. For companies with more than one facility where a hazardous material listed in § 172.800 is offered for transportation in commerce, each facility should have a security plan tailored to the specific hazardous materials handled at the facility, the physical characteristics of the facility, and the operational procedures in place at the facility. A facility may utilize a security plan template developed by its corporate leadership for all facilities owned by the corporation or an industry association or other
third-party with security planning expertise. However, each facility must adapt such templates to ensure its security plan addresses any security vulnerabilities unique to that facility.
To assist industry in complying with the security plan requirements, PHMSA developed a security plan template to illustrate how risk management methodology could be used to identify areas in the transportation process where security procedures should be enhanced within the context of an overall risk management strategy. The security template is posted in the docket and on the PHMSA website at http://hazmat.dot.gov/rrruef.htm.
With respect to documented training on the security plan, § 172.704(a)(4) and (a)(5)
require security awareness and in-depth security training, respectively, and § 172.704(d)
requires a record of the training.
I hope this information is helpful. If you need further assistance, please contact this office.
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
|§ 172.800||Purpose and applicability|