Interpretation Response #10-0083
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
June 9, 2010
Mr. Dan Walters
Chemical Sector Coordinating Council
1120 Nineteenth Street, NW, Suite 310
Washington, DC 20036
Ref. No. 10-0083
Dear Mr. Walters:
This responds to your April 14, 2010 request for clarification on the applicability of security plan requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the en route security plan requirement in § 172.802(a)(3) requires a carrier to address threats that may arise during temporary post-accident storage incidental to the removal of covered materials from an accident site.
The security plan requirements apply to persons who offer for transportation or transport hazardous materials in the quantities and thresholds established by § 172.800(b). A security plan must cover personnel, unauthorized access, and en route security - that is, the security of a covered hazardous materials shipment from its origin to its destination, including shipments stored incidental to movement.
A carrier's security plan may continue to apply during an incident situation under certain circumstances. For example, the carrier's security plan would continue to apply in the event that an incident does not jeopardize the integrity of the package, but immobilizes the motor vehicle. Thus, a carrier's security plan must include measures to ensure the security of the vehicle until it is repaired or towed from the accident site and the security of any transfer or transloading operations for the hazardous materials being transported.
During an accident situation that involves a release of vehicle contents to the environment the originating carrier's security plan would apply up to the point where local first responders or remediation crews assume command of the incident. Leaks and spills must be remediated and any resulting waste materials must be re-offered for transportation. The remediation process often involves a new offeror, carrier, package, and security plan. The responsible party in
possession of a material that triggers the security plan requirements must have and implement a security plan as required by Part 172, Subpart I of the HMR.
I hope this information is helpful. If you need further assistance, please contact this Office.
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 172.802||Components of a security plan|