{"operation":"document","citation":"03-0124","title":"Dart Container Corporation — 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":"03-0124 response to Dart Container Corporation concerning 172.800.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0124.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0124.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0124","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030124.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh St, S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nMAY 3 O 2003\nMs. Amanda Bishop\nDart Container Corporation\nRef. No. 03-0124\nP.O. Box 309\nHorse Cave, KY 42749\nDear Ms. Bishop:\nThis responds to your April 24, 2003 email to Ms. Donna O'Berry in the Research and Special\nPrograms Administration's Office of the Chief Counsel concerning hazardous materials transportation\necurity requirements adopted under a final rule published March 25, 2003. Specifically, you ask if th\nsecurity plan requirements established in the final rule apply to shipments of Class 9 materials.\nThe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), as amended by the HM-232\nof hazardous materials to develop and implement security plans:\nfinal rule, require persons who offer for transportation or transport the following classes and quantities\n(1) A highway route-controlled quantity of a Class 7 (radioactive) material;\n(2) More than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 (explosive) material;\ncriteria for Hazard Zone A;\n(3) More than one L (1.06 qt) per package of a material poisonous by inhalation that meets the\n(4) A shipment of a quantity of hazardous materials in a bull packaging having a capacity equal\nto or greater than 13,248 L (3,500 gallons) for liquids or gases or more than 13.24 cubic\nmeters (468 cubic feet) for solids;\n(5) A shipment in other than a bulk packaging of 2,268 kg (5,000 pounds) gross weight or\nmore of one class of hazardous materials for which placarding of a vehicle, rail car, or freight\ncontainer is required for that class;\n(6) A select agent or toxin regulated by the Centers for Disease Control and Prevention under\n42 CFR part 73; and\n11756°\n030124\n\n<<<PAGE 2>>>\n\n(7) A quantity of hazardous material that requires placarding under the provisions of subpart F\nof this part.\nYou are correct that a placard is not required for domestic shipments of Class 9 materials; however,\ninternational shipments of Class 9 materials may need to be placarded in accordance with international\nregulations. If a CLASS 9 placard is not required for the domestic portion of transportation, the\nsecurity plan requirements in Subpart I do not apply to such shipments, even if a CLASS 9 placard is\nrequired for the international portion of transportation. Note, however, that a person who offers or\ntransports a Class 9 material in a bulk packaging having a capacity equal to or greater than 13,248 L\n(3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids must\ndevelop and implement a security plan, irrespective of placarding requirements.\nThe HM-232 final rule also includes new security training requirements. Section 172.704(a)(4)\nrequires all hazmat employees, defined in § 171.8 of the HMR, to receive security awareness training.\nThus, even though your Class 9 shipments may not be subject to security plan requirements, your\nhazmat employees must receive security awareness training. We have developed a computer-based\nsecurity awareness 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 (http://hazmat.dot.gov/hmt_security.htm) or ordered from our Training and Initiatives\nOffice at 202-366-4900.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact this\noffice.\nSincerely,\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nGorsky\n5172.800(7)\nTo: Donna Q'Berry\nFrom: Amanda Bishop, Dart Container Corporation\nSubject: 49 CFR 172.704-804 \"Security Plans\"\nDate: April 24, 2003\nlacardino\n13-0124\nPer our conversation this afternoon, I am submitting this question regarding the new Department\nof Transportation \"Security Plan\" rule that went into effect earlier this year.\nAccording to 49 CPR. 172.504 (f) 9, a placard is not required for domestic Class 9 shipments of\nexpandable polystyrene bead; therefore this would exempt Dart Container Corporation from 49\nCFR 172.704-804. However, because we ship expandable polystyrene internationally to\nCommon Carriers to the load in Kentucky; which would cause applicability under 172.800 (7).\nMexico and Canada, placards are needed for Class 9 shipments and therefore applied by\ncircumstance? And would a Security Plan be needed?\nWould Dart Container Corporation be exempt from 172 CFR 704-804 for this special\nIf you have any questions regarding this matter, please call me at 270-786-2183.\nThanks for your help in the matter.\nSincerely,\nAmanda Bishop\n4 ..\n-","truncated":false,"body_characters":4623}