{"operation":"document","citation":"03-0122","title":"Century International Arms, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-05-30","effective_on":null,"summary":"03-0122 response to Century International Arms, Inc. concerning 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0122.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0122.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0122","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030122.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh St., S.W.\nWashington, D.C. 20590\nseria programs\ndministratior\nMAY 3 O 2003\nMr. Gary A. Beagle\nDirector of Operations\nRef. No. 03-0122\nCentury International Arms, Inc.\n236 Bryce Boulevard\nFairfax, Vermont 05454\nDear Mr. Beagle:\nThis responds to your May 12, 2003 letter concerning hazardous materials transportation security\nrequirements adopted in a final rule published March 25, 2003, under docket HM-232. Specifically,\nyou ask if the new security regulations apply to shipments of small arms ammunition, classed as Division\nThe answer is yes. The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), as\namended by the HM-232 final rule, require persons who offer for transportation or persons who\ntransport hazardous materials in amounts that require placarding in accordance with Subpart F of Part\n172 of the HMR to develop and implement security plans. As your letter notes, under the HMR,\ncontainer shipments of Division 1.4S explosives that exceed 454 kg aggregate gross weight must be\nplacarded. Such shipments are thus subject to the security plan requirements in the HM-232 final rule.\nThe security plan requirements are in new Subpart I of Part 172 of the HMR. A security plan must\ninclude an assessment of possible transportation security risks for covered shipments and appropriate\nsecurity measures to address the assessed risks. At a minimum, a security plan must include measures\nAs we suggested in the preamble to the HM-232 final rule, we expect shippers to work with carriers to\naddress en route security risks for the materials covered by the security plan. In some cases, a shipper\nand carrier may have a joint plan; in others, a shipper and carrier may have two separate security plans.\nThe regulation provides the flexibility necessary to enable shippers and carriers to determine the best\nmethods for addressing en route security issues. A shipper should satisfy itself that the carrier that will\nor materials to be shipped.\n12.504\n030122\n\n<<<PAGE 2>>>\n\nThe HM-232 final rule also includes new security training requirements. Section 172.704(a)(4)\nrequires hazmat employees, defined in § 171.8 of the HMR, to receive security awareness training. In\naddition, hazmat employees who handle hazardous materials covered by a security plan or who are\nresponsible for implementation of the security plan must receive in-depth training on the plan, including\nspecific security procedures, employee responsibilities, and actions to be taken in the event of a security\nbreach.\nOur website, at http://hazmat.dot.gov/hmt_security.htm, includes a variety of information and guidance\nto assist you to comply with the new security regulations. For example, we have developed a risk\nmanagement self-evaluation framework to assist companies to use risk assessment methodology to\nidentify points in the transportation process where security procedures should be enhanced. We have\nalso developed a guidance brochure that includes specific measures a company may want to consider\nto enhance transportation security. In addition, we have produced a computer-based security\nawareness CD-ROM that can be used to satisfy the security awareness training requirements in\n§ 172.704(a)(4). The training CD-ROM is available to the public at no charge; it can be downloaded\nfrom our website or ordered on-line or by calling our Training and Initiaitves Office at 202-366-4900.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact this\noffice.\nSincerely,\n4 duan 7. Marzullo\nEdward T. Mazzullo.\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n05/12/2003 MON 17:19 FAX 802 524 0903 CENTURY INTL ARMS\n40001/002\nCENTURY INTERNATIONAL ARMS, INC.\nFairfax, Vermont 05454\n236 Bryce Boulevard\nTel: (802) 527-1258\nFax: (802) 524-0903\nGorsky\nEmail: garyb@centuryarms.com\n§172.504(6)\nFax\nPlacarding\nDate:\n12 May 2003\n03-0122\nTo:\nEdward Mazzullo, Director, Office of Hazardous Material Standards\n400 7\" Street SW\nU.S. DOT/RSPA [DHM-10]\nWashington, DC 20590-0001\nFax#:\n(202) 366-3012\nFrom:\nGary Beagle\nSubject:\nHM-232 Hazardous Materials Security Requirements\nNumber of pages including cover page (2): If you do not receive all of the pages please\ncall Jennifer Mucha at (802) 527-1258, ext. 105.\nDear Mr. Mazzullo,\nWe would like a formal ruling to determine if the hazardous materials security\nrequirements pertain to the shipping of small arms ammunition category 1.4S.\nsmall arms ammunition. All shipments of ammunition are performed by common\nCentury international Arms, Inc./Century Arms, Inc. is an importer and distributor of\ncarriers. Part of our incoming and outgoing shipments may require placarding based\non packaging weight, where we have to placard the container 1.4S.\nsecurity program? Is there formal training which outlines\nDo we need to incorporate security of hazardous material training into our current\nrequirements for transportation of hazardous material? Does the safety trainer need to\nminimum security\ncarrier is qualified to handle and transport hazardous material before loading their\nbe formally trained or pass any exam? Is the shipper responsible to ensure that the\nvehicle?\nIs there anything\nin writing that outlines the shipper's and carriers\nresponsibilities?\nappreciated.\nAny information that you can provide us either directly or through the Internet is greatly\n\n<<<PAGE 4>>>\n\n05/12/2003 MON 17:19\nFAX 802 524 0903 CENTURY INTL ARMS\n@002/002\nBest Regards,\nDirector of Operations\nGAB/jm","truncated":false,"body_characters":5488}