{"operation":"document","citation":"03-0231","title":"American Trucking Associations (ATA) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-10-22","effective_on":null,"summary":"03-0231 response to American Trucking Associations (ATA) concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0231.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0231.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0231","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030231.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nOCT 2 2 2003\nAssistant General Counsel &\nMr. Richard Moskowitz\nRef. No. 03-0231\nAmerican Trucking Associations (ATA)\nRegulatory Counsel\n2200 Mill Road\nAlexandria, VA\n22314\nDear Mr. Moskowitz:\nThis is in response to your September 15, 2003, letter regarding\nthe applicability of the in-depth security training requirements\nspecified under the Hazardous Materials Regulations (HMR; 49 CFR\ntraining requirements are applicable to all hazmat employees or\nParts 171-180). Specifically, you ask if the in-depth security\naccess to and handling of materials covered by the security plan.\nonly those hazmat employees whose job functions involve having\nhazmat employees who handle hazardous materials covered by a\nThe requirement for in-depth security training is limited to\nsecurity plan or are responsible for implementation of a security\nobjectives,\nIn-depth security training must include company security\nresponsibilities, actions to take in the event of a security\nsecurity procedures, employee\nbreach, and the organizational security structure.\nI hope this satisfies your request.\nSincerely,\nMess\nJohn -A.\nTransportation Regulations Specialist\nof Hazardous Materials Standards\n030231\n172.704\n\n<<<PAGE 2>>>\n\nSEP 15 'Ø3 18:09 FR ATA\nTO 2023663012\nP.02/03\n..\nBAH\n:\nATA\n§172.704\nAMERICAN\nSecurity Training\nASSOGIATIONS\nBUCKING\n03-0232\nSeptember 15, 2003\nMr. Edward T. Mazzallo\nVia Facsimile: (202) 366-3012\nDirector, Office of Hazardous Materials Standards\nU.S. Department of Transportation\nResearch and Special Programs Administration\n400 Seventh Street, S.W.\nWashington, DC 20500\nRE: Interpretation of HM-232 - HazMat Security Plan Training Requirements\nI am writing on behalf of the motor carrier members of the American Trucking\nResearch and Special Programs Administration's (\"RSPA) requirement that motor\nAssociations (ATA) to request an intormal opinion concerning the implementation of the\ncarriers provide in-depth training to each of their hazardous materials (\"hazmat\")\nC.F.R. § 172,800.1\nemployees on the details of their hazardous materials security plans required under 49\nATA is the trade association representing the American trucking industry? As\nthe nation's trucking fleet, including the implementation of the new safety and security\nthe national representative of the trucking industry, ATA is interested in matters affecting\nrequirements affecting the transportation of hazardous materials.\nplacarded amounts of hazardous materials to develop a security plan. The requirement\nAs you are aware, 49 C.F.R. § 172.800 er seq, requires motor carriers transporting\nto develop a security plan is coupled with a requirement to provide certain employees\nwith \"in-denth security training.\nrequired to have a security plan in accordance with subpart\nBy December 22, 2003, each hazmat employee of a person\n' 68 Federal Register 14510 (March 25, 2003) (\"HM-232).\n12222\nmotor carrier operation.\n\n<<<PAGE 3>>>\n\nSEP 15 'Ø3 18:09 FR ATA\nTO 2023663012\nP. 03/03\nI of this part must be trained concerning the security plan\nand its implementation. Security training must include\nbecome clear that the contents of the security plan should be disclosed to a motor\nIn several follow-on meetings with RSPA, FMCSA and TSA personnel, it has\ncarrier's employees only on a \"need to know\" basis. In fact, it might be deemed\nnappropriate to provide drivers with the details of the company's driver applican\necurity screening procedure. Similarly, providing all company employees with th\nprocedures drivers should use in communicating a suspicious incident potentially\nhould train its employees on the details of the security plan that they need to know, the\nAlthough RSPA, FMCSA and TSA consistently have stated that the motor carrier\next of the rule as promulgated could be read to require in-depth training on the specifi\nsecurity procedures as set forth in the motor carriers security plan for all of the motor\nnarrowly than the requirement to apply security awareness training to all hazmat\nWe ask RSPA to confirm that the in-depth training requirement is to be read more\ndiscretion to tailor its in-depth security training to its employees and to exclude\nemployees. Specifically, we ask RSPA to confirm that the motor carrier has the\ncertain hazmat employees from some or all of the in-depth training, depending upon\nthat individual's job functions and how they relate to the security plan.\nunder HM-232 must be met by September 25, 2003, and in-depth security training must\nAs you know, the requirement to implement a hazardous matérials security plan\nregulatory deadline, we would appreciate your opinion on the questions raised herein as\nbe accomplished by December 22, 2003. Because of the need to comply with this\nsoon as possible. If you require additional information on these issues, please call me at\n703-838-1910.\nRespectfully submitted,\nElling\nRichard Moskowitz\nAssistant General Counsel &\nRegulatory Affairs Counsel\n3 49 C.F.R. § 172.704(a)(5).\n** TOTAL PAGE.03 **","truncated":false,"body_characters":5102}