{"operation":"document","citation":"03-0177","title":"A.I.D., Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-08-05","effective_on":null,"summary":"03-0177 response to A.I.D., Inc. concerning 172.802.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0177.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0177.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0177","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030177.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nAUG 5 2003\nMr. Donald Brittingham\nRef. No: 03-0177\nVice President\nP.O. Box 6047\nA.I.D., Inc.\nWilmington, DE 19804\nDear Mr. Brittingham:\nThis is in response to your July 16, 2003 letter requesting clarification of the requirements in\n§ 172.802(a)(3) in the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask to what extent must a shipper go to ensure that a carrier's security plan is\nadequate.\ncarriers to address en route security risks for the materials covered by the security plan. In some\nAs we suggested in the preamble to the HIM-232 final rule, we expect shippers to work with\nseparate security plans. The regulation provides the flexibility necessary to enable shippers and\ncases, a shipper and carrier may have a joint plan; in others, a shipper and carrier may have two\ncarriers to determine the best methods for addressing en route security issues. A shipper should\nsatisfy itself that the carrier that will be transporting its material has a security plan in place that\nadequately addresses the assessed security risks of the material to be transported, including risks\nrelated to storage of the material during transportation.\nOur website, at http://hazmat.dot.gov/hmt_security.htm, includes a variety of information and\nguidance to assist persons in complying with the new security regulations. For example, we have\ndeveloped a risk management self-evaluation framework to assist companies with using risk\nassessment methodology to identify points in the transportation process where security\nprocedures should be enhanced. A guidance brochure is available that includes specific\nmeasures a company may want to consider to enhance transportation security. A computer-based\nsecurity awareness CD-ROM that can be used to satisfy the security awareness training\nrequirements in § 172.704(a)(4), is available to the public at no charge; it can be downloaded\nrom our website or ordered on-line or by calling the Office of Hazardous Materials Training and\nInitiatives at 202-366-4900.\nI hope this satisfies your request.\nstate z. Niterest\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n172,803\n030177\n800N200000C1\n\n<<<PAGE 2>>>\n\nJUL-22-2003\n12:05 AM\np.92\nAl.D., Inc.\nP. O. Box 6047\n1-302-743-2835\nMimington, DE 18804\nBetts\n1-302-894-4211 Fax\n§172.802 (3)\nJuly 21, 2003\nSecurity Plans\nNir. Edward T. Mazzullo\n03-0177\nDirector, OMon of Hazardous Materíals Standards\nU.S. DOT/RSPA (OHM-10)\nWashington, DC 20580-0001\n4007* Street S. W.\nDear Sir.\nI am requesting a written answer (Interpretation) to what appears to be a contradiction between\ncomments made by your office in public forums.\nwhat the New Securtly Regulation (HM-232) Implies in 49 CFR 172.802 (3) quoted below and\n\"En route seculty. Measures to address the assessed securtty risks of shipments of hazardous\nRegulatory Quote:\nmaterials covered by the security plan en route from origin to destination, Including shipments stored\nIncidental to movement.\"\nSince the regulation does not distinguish between shipper and carter responsibilties reading the plan.\nconsideration and include in their plan some form of risk analysis for all Ilsted product groups from the\nespeclally the quoted passage above one can assume the plan requires both partles to take into\ntime they are loaded to the time they are received by the customer.\ntransportation security plan any risk/securlty analysis assessment on its outbound shipments\nPublic forum comments made by members of your staff clalm a shipper may exclude from its\nsecurity plan in place and said plan includes a proper risk analysis covering the shipper's\nbayond its gate, if it can verlfy in writing that all carriers transporting its matertals have a written\nproducts?\nto make sure the carers plan is adequate?\nIf they can, to what depths must the shipper go, beyond the written certification mentioned above,\nSincerely,\nOnel Bette\nV/President\nDonald Brittingham","truncated":false,"body_characters":4066}