Interpretation Response #18-0137

Interpretation Response Details

March 11, 2019

Mr. William Norris
Idaho Power Company
1221 West Idaho Street
Boise, ID  83702

Reference No. 18-0137

Dear Mr. Norris:

This letter is in response to your October 30, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to security requirements in Part 172.  You cite a final rule entitled “Risk-Based Adjustment of Transportation Security Requirements” published on March 9, 2010 [75 FR 10973] under Docket No. PHMSA-06-35885 (HM-232F) that states risk management systems are intended to reduce potentially catastrophic consequences.  You note that this language presents challenges when determining the appropriate measures to implement based on the assessed risk.  Specifically, you ask whether it is the Pipeline and Hazardous Materials Safety Administration’s intent to “prevent” or “protect against” theft of high security sensitive materials while in transportation as both terms are used in the final rule.

The HMR require that a security plan include an assessment of possible transportation security risks for shipments of the covered hazardous materials and appropriate measures to address the assessed risks.  At a minimum, the security plan must address personnel security, unauthorized access, and en route security issues (see § 172.802).  However, the HMR do not distinguish between “preventing” incidents and “protecting against” incidents involving hazardous materials transportation.  Therefore, a security plan is expected to address both preventative and protective measures.

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review, and Reinvention
Standards and Rulemaking Division

172.802

Regulation Sections