{"operation":"document","citation":"03-0176","title":"NRS Logistics — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-08-11","effective_on":null,"summary":"03-0176 response to NRS Logistics concerning 172.802.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0176.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0176.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0176","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030176.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nResearch and\nAUG 1 1 2003\n400 Seventh St., S.W.\nWashington, D.C. 20590\nspeciai Programs\nAdministration\nMr, David Hiromura\nRef No.: 03-0176\nNRS Logistics\n10 Bank Street, Ste 1110\nWhite Plains, NY 10606\nDear Mr. Hiromura:\nThis responds to your July 18, 2003 letter and subsequent conversation with Ms. Susan Gorsky\nconcerning hazardous materials transportation security requirements adopted in the final rule published\nMarch 25, 2003, under docket HM-232. Specifically, you ask how the security plan requirements\nestablished in the final rule apply to a person (overseas subcontractors) domiciled outside the United\nForeign-based entities must comply with all applicable HMR requirements when operating within the\nUnited States. Foreign entities that ship or transport hazardous materials in the United States in\nquantities listed in the HM-232 final rule must develop and implement security plans for those\nhazardous materials. Foreign entities, such as overseas subcontractors, that do not operate in the\nUnited States are not subject to the security plan requirements. Carriers are not required to verify\nwhether a shipper has a security plan that conforms to the HM-232 requirements nor are shippers\nrequired to verify that a carrier has a security plan that conforms to the HM-232 requirements. At a\nminium, however, a shipper should satisfy itself that its carrier has a security plan in place that covers\nthe hazardous material to be transported.\nAs you note, in December 2002, the United Nations Committee of Experts on the Transport of\nDangerous Goods amended the UN Recommendations on the Transport of Dangerous Goods to add a\nnew Chapter 1.4 on security provisions. The UN Recommendations include requirements for security\nawareness training and development and implementation of security plans. The HM-232 final rule\nprovides that security plans that conform to regulations or guidelines issued by international\norganizations may be used to satisfy the security plan requirements in Subpart I of Part 172 (see\n§ 172.804).\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely,\nThon Baoly\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n407\n030176\n\n<<<PAGE 2>>>\n\nGorsky, Susan\nFrom:\nTo:\nSent:\ndavid_hiromura@nrsgroup.co.jp\nBelerford\nFriday, July 18, 2003 10:08 AM\nCc:\nGorsky, Susan\nSubject:\nmmorrissette@hmac.org\n$172.802\nHM-232\nSecurityPlans\n03-0176\ninterpretation from RSPA.\nand to hopefully get some idea on when we can expect\nThanks and have a nice weekend.\nDavid Hiromura\n07/18/2003 10:06 AM\nForwarded by david\nhiromura/USER/NYC/NRSGROUP on\n07/09/2003 03:16 PM\ndavid hiromura\nCC:\nTo:\nmmorrissette@hmac.org\nsusan.gorsky@rspa.dot.gov\nSubject:\nHM-232\nplan under the above rule making.\nWe are an NVOCC and come under the requirements for establishing a security\nHM-232, it seems to require that any subcontracted warehouse, trucker, etc,\nIn order to meet the requirements of\nequivalent\nneeds to have have their own security plan in place which provides\nwhich we would like RSPA's guidance.\nsecurity to that\nrequired by HM-232. This raises an issue for\nnot, we will\nUS companies\n1) Domestic sub-contractors: I don't think we will have a problem here as\nbe able to find alternative service\nshould be aware of new\nsecurity requirements and if they are\n2)\nOverseas sub-contractors:\nThis is an area of major concern.\nproviders.\ncompanies are not subject to\nUS laws and I do not anticipate many will have\nOverseas\nsecurity plans in place by 9/25/03.\nUnlike the\nUS domestic market,\nWhen I spoke with you\nsecurity regulations are being\nof RSPA's policy on this issue.\nadopted in 2005, but that does not address\nWe are aware that new international\nthe time period between 9/25/03 and when the international rules are\nadopted.\nin Supplementary Information III F states that persons subject to the\nSimilarly, we have issues with cargoes offered by shippers.\nthe any of the materials designated in the rulemaking are required to\nregistration requirements of subpart G of part 107 who offer or transport\ndevelop and implement a security plan.\ndomiciled outside the US (i.e. foreign shippers) from the registration\n107 subpart G excepts persons\nrequirement; however, I cannot find any reference to subpart G in the\nIf this is correct, then.\nofferors who come under the new requirements?\nWill carriers be required to verify the existence of security plans by\nrequired to verify that offerors of haz mats had registered with DOT, so if\nIn the past,\nwe were not\nof security plans\nRSPA is consistent, they should be no requirement to verify the existence\nby offerors.\nBesides foreign offerors, we anticipate\n\n<<<PAGE 3>>>\n\nHM-232 and so do not have security plans In blavare of the requirements of\nthere may be some domestic offerors who\nThank you for your response to these questions.\nRegards,\nNRS Logistics\nDavid Hiromura\n10 Bank Street,\nWhite Plains, NY 10606\nSte\n1110\nF 914-422-3414\n914-422-3400","truncated":false,"body_characters":5036}