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Interpretation Response #10-0064 ([URS Corporation] [Ms. Erin N. Jarman])

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

Interpretation Response Details

Response Publish Date:

Company Name: URS Corporation

Individual Name: Ms. Erin N. Jarman

Location State: NC Country: US

View the Interpretation Document

Response text:

April 7, 2010

 

 

 

Ms. Erin N. Jarman

Environmental Scientist

URS Corporation

1600 Perimeter Park Dr., Suite 400

Morrisvillle, NC 27560

Ref. No. 10-0064

Dear Ms. Jarman:

This responds to your March 22, 2010 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of § 172.800(b) and our interpretation (Ref. No. 05-0066), regarding security plan applicability.

In the letter you reference, we state "under the HMR, facilities that receive hazardous materials are not required to have security plans." You note that since applicability in § 172.800(b) has not changed, the clarification still applies. You are requesting confirmation that, despite new language adopted in a final rule published March 9, 2010, that revises the list of materials for which a security plan is required, facilities that receive hazardous materials are not required to have transportation security plans.

Section 172.800(b) requires each person who offers for transportation or transports in commerce one or more of the hazardous materials listed in § 172.800(b)(1) through (b)(7) to develop and implement a security plan. However, if your company only receives and uses the hazardous materials at its facility, you are not required to develop and implement a security plan under

§ 172.800(b). Note, however, that the facility may be subject to the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (6 CFR Part 27).

I hope this answers your inquiry. If you need further assistance, please contact this Office.

Sincerely,

Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

172.800, 172.804

Regulation Sections

Section Subject
172.800 Purpose and applicability
172.804 Relationship to other Federal requirements