{"operation":"document","citation":"03-0173","title":"Minnesota Department of Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-07-29","effective_on":null,"summary":"03-0173 response to Minnesota Department of Transportation concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0173.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0173.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0173","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030173.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nJUL 29 2003\nMr. Michael Ritchie\nRef. No.: 03-0173\nMinnesota Department of Transportation\nOffice of Freight and Commercial Vehicle\nOperations\n1110 Centre Pointe Curve, MS.420\nMendota Heights, MN 55120\nDear Mr. Ritchie:\nThis responds to your request for clarification regarding the new security plans requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180), as they apply to government\nagencies.\nOn March 25, 2003, a final rule was published in the Federal Register [68 FR 14510] entitled\n\"Hazardous Materials: Security Requirements for Offerors and Transporters of Hazardous Materials\",\nestablishing new requirements to enhance the security of hazardous materials transported in commerce.\nThe final rule was effective March 25, 2003. Under the final rule, shippers and carriers of certain\nhighly hazardous materials must develop and implement security plans, and assure that their employee\ntraining includes a security component. A security plan must be developed and implemented by\nSeptember 25, 2003.\nYou indicated that the preamble (HM-232) states that shippers and carriers subject to the registration\nrequirements in Part 107 of the HMR or who offer or transport select agents and toxins regulated by\nthe CDC must develop and implement security plans. One of the State's county officials pointed out\nthat government agencies are excepted from Part 107 registration requirements, and thus would be\nexcepted from the new Subpart I of Part 172.\nYou have spoken to several specialists in this Office who indicated that the new requirements for\nSecurity Plans, Subpart I of Part 172, of the HMR apply to government agencies when they offer one\nor more of the materials covered in § 172.800(b) for transportation in commerce. You stated that\nmany governmental agencies offer hazardous materials to commercial transporters, and that the\ndefinition of hazmat employer in § 171.8 includes government agencies and their employees when they\ncause hazardous material to be transported or shipped in commerce. Therefore, you asked questions,\nas follows:\n172.704\n030173\n1903:\n\n<<<PAGE 2>>>\n\n•\nQ1.\nIf a government agency or Indian tribe offers any of the types or quantities of hazardous\nmaterials referenced in § 172.800(b)(1) through (7) to a commercial transporter, must that\nagency create and implement a security plan conforming to the requirements of Subpart I?\nA1.\nYes. Each person who offers for transportation in commerce or transports in commerce one or\nmore of the materials listed in § 172.800(b)(1) through (7) must develop and adhere to a\nsecurity plan for hazardous materials that conforms to requirements of Subpart I of Part 172, to\ninclude a government agency or Indian tribe.\nQ2.\nIf a government agency is a hazmat employer as defined, must they provide security awareness\ntraining to all hazmat employees as required in § 172.704(a)(4)?\nA2.\nYes. No later than the date of the first scheduled recurrent training after March 25, 2003, and\nin no case later than March 24, 2006, each hazmat employee must receive training that\nprovides an awareness of security risks associated with hazardous materials transportation and\nmethods designed to enhance transportation security. The training must also include a\ncomponent covering how to recognize and respond to possible security threats. After March\n25, 2003, a new hazmat employee must receive the security awareness training within 90 days\nafter employment.\nQ3.\nIf a government agency is required to create a security plan under the provisions of the new\nSubpart I of Part 172, must that agency provide in-depth security training as required by\n§ 172.704(a)(5) by December 22, 2003?\nA3.\nYes. A hazmat employee's in-depth security training, as prescribed in § 172.704(a)(5),\nconcerning the security plan and implementation must be accomplished by December 22, 2003.\nQ4.\nMust all hazmat employees of a person required to have a security plan in accordance with\nSubpart I of Part 172 receive in-depth security training, or can the in-depth training be\nprovided only to those employees that have access to the materials covered by the security\nplan?\nA4.\nAlthough a hazmat employer may decide to include all hazmat employees, the requirement for\nin-depth security training is limited to applicants for hazmat employee positions that involve\naccess to or handling of the hazardous materials covered by the security plan. This would not\ninclude persons whose sole responsibility, for example, is preparing shipping documentation, or\npersons who manufacture, maintain, or requalify packagings.\nFor your information, as stated in the preamble, pg. 14515, first column, our intention in the NPRM\nwas for those shipments that are listed as triggering the registration requirements in Subpart G of Part\n107 to be subject to security plan requirements, not for every shipment transported by a registered\n:.•\n\n<<<PAGE 3>>>\n\nentity or every facility operated by a registered entity. This final rule clarifies that \"persons who offer for\ntransportation or transport any of the materials listed in Subpart G of Part 107 or a select agent or toxin\nregulated by the CDC\" must develop and adhere to security plans applicable to the listed materials.\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nWhat joy\nSusan Gorsky,\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 4>>>\n\n:\nEngrum\n$172.704\n$ 172.800\nTraining / SecurityPlans\nJune 18, 2003\n03-0173\nDirector, Office of Hazardous Materials Standards\nMr. Edward Mazzulo\nResearch and Special Programs Administration\nDHM-10\n400 Seventh St. S.W.\nWashington, DC 20590-0001\nDear Mr. Mażzulo,\nOn March 25, 2003, RSPA issued HM-232 Hazardous Materials: Security Requirements\njor Ofjerors and Transporters of Hazardous Materials as a final rule. This rule created\nthe new Subpan Tipar to Part 172, and would the cardous material arancability o\nhe new subpart 1 in 49 CFk Part 172\nthese new and revised regulations to government agencies.\n49 CFR 172.800 (b) states that each person who offers for transportation in commerce, or\ntransports in commerce one of the materials covered in §172.800 (b) (1) through (7), must\nand that definition includes government agencies or Indian tribes that transport hazardou\nlevelop and adhere to a security plan conforming to Subpart I. §171.8 defines \"person\"\nnaterial to further a commercial enterprise, or offer hazardous materials for\nransportation in commerce. That definition also excludes governments that transpor\nhazardous materials for a governmental purpose.\nMany governmental agencies offer hazardous materials to commercial transporters. For\nexample, a government agency may generate hazardous waste, and offer that waste to a\ncommercial transporter for treatment, storage or disposal. A state, city, or county hospital\nmay ship or offer agents or toxins regulated by the Centers for Disease Control to a\nwarehouse, and ship hazardous materials by commercial carriers to outlying facilities.\ncommercial carrier for transport. A government agency may operate a central stores\nThe definition of hazmat employer in §171.8 includes government agencies and their\nemployees when they cause hazardous materials to be transported or shipped in\ncommerce. The revised provisions of § 172.704 (a) require security awareness training\nand in-depth security training.\n\n<<<PAGE 5>>>\n\n:\nIf a government agency or Indian tribe offers any of the types or quantities of hazardous\nthat agency create and implement a security plan conforming to the requirements of\nmaterials referenced in § 172.800 (b) (1) through (7) to a commercial transporter, must\nSubpart I?\nIf a government agency is a hazmat employer as defined, must they provide security\nawareness training to all hazmat employees as required in §172.704 (a) (4)?\nIf a government agency is required to create a security plan under the provisions of the\nnew 49 CFR Part 172 Subpart I, must that agency provide in-depth security training as\nrequired by §172.704 (a) (5) by December 22, 2003?\nMust all hazmat employees of a person required to have a security plan by Subpart I\nreceived in-depth security training, or can the in-depth training be provided only to those\nemployees that have access to the materials covered by the security plan?\nnot far off, and your prompt response would be greatly appreciated so we can get\nThank you for your attention to these questions. The September 25\" compliance date is\ninformation out to our state, local and Indian tribe partners.\nYours truly,\nMichael Ritchie\nHazardous Materials Specialist\nMinnesota Department of Transportation\nOffice of Freight and Commercial Vehicle Operations\n1110 Centre Pointe Curve, MS.420\nMendota Heights, MN 55120\nmichael.ritchie@dot.state.mn.us\n(651) 405-6120\n(651) 405-6082 (fax)\n....","truncated":false,"body_characters":8977}