American Trucking Associations (ATA) — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration OCT 2 2 2003 Assistant General Counsel & Mr. Richard Moskowitz Ref. No. 03-0231 American Trucking Associations (ATA) Regulatory Counsel 2200 Mill Road Alexandria, VA 22314 Dear Mr. Moskowitz: This is in response to your September 15, 2003, letter regarding the applicability of the in-depth security training requirements specified under the Hazardous Materials Regulations (HMR; 49 CFR training requirements are applicable to all hazmat employees or Parts 171-180). Specifically, you ask if the in-depth security access to and handling of materials covered by the security plan. only those hazmat employees whose job functions involve having hazmat employees who handle hazardous materials covered by a The requirement for in-depth security training is limited to security plan or are responsible for implementation of a security objectives, In-depth security training must include company security responsibilities, actions to take in the event of a security security procedures, employee breach, and the organizational security structure. I hope this satisfies your request. Sincerely, Mess John -A. Transportation Regulations Specialist of Hazardous Materials Standards 030231 172.704#

Page 2SEP 15 'Ø3 18:09 FR ATA TO 2023663012 P.02/03 .. BAH : ATA §172.704 AMERICAN Security Training ASSOGIATIONS BUCKING 03-0232 September 15, 2003 Mr. Edward T. Mazzallo Via Facsimile: (202) 366-3012 Director, Office of Hazardous Materials Standards U.S. Department of Transportation Research and Special Programs Administration 400 Seventh Street, S.W. Washington, DC 20500 RE: Interpretation of HM-232 - HazMat Security Plan Training Requirements I am writing on behalf of the motor carrier members of the American Trucking Research and Special Programs Administration's ("RSPA) requirement that motor Associations (ATA) to request an intormal opinion concerning the implementation of the carriers provide in-depth training to each of their hazardous materials ("hazmat") C.F.R. § 172,800.1 employees on the details of their hazardous materials security plans required under 49 ATA is the trade association representing the American trucking industry? As the nation's trucking fleet, including the implementation of the new safety and security the national representative of the trucking industry, ATA is interested in matters affecting requirements affecting the transportation of hazardous materials. placarded amounts of hazardous materials to develop a security plan. The requirement As you are aware, 49 C.F.R. § 172.800 er seq, requires motor carriers transporting to develop a security plan is coupled with a requirement to provide certain employees with "in-denth security training. required to have a security plan in accordance with subpart By December 22, 2003, each hazmat employee of a person ' 68 Federal Register 14510 (March 25, 2003) ("HM-232). 12222 motor carrier operation.#

Page 3SEP 15 'Ø3 18:09 FR ATA TO 2023663012 P. 03/03 I of this part must be trained concerning the security plan and its implementation. Security training must include become clear that the contents of the security plan should be disclosed to a motor In several follow-on meetings with RSPA, FMCSA and TSA personnel, it has carrier's employees only on a "need to know" basis. In fact, it might be deemed nappropriate to provide drivers with the details of the company's driver applican ecurity screening procedure. Similarly, providing all company employees with th procedures drivers should use in communicating a suspicious incident potentially hould train its employees on the details of the security plan that they need to know, the Although RSPA, FMCSA and TSA consistently have stated that the motor carrier ext of the rule as promulgated could be read to require in-depth training on the specifi security procedures as set forth in the motor carriers security plan for all of the motor narrowly than the requirement to apply security awareness training to all hazmat We ask RSPA to confirm that the in-depth training requirement is to be read more discretion to tailor its in-depth security training to its employees and to exclude employees. Specifically, we ask RSPA to confirm that the motor carrier has the certain hazmat employees from some or all of the in-depth training, depending upon that individual's job functions and how they relate to the security plan. under HM-232 must be met by September 25, 2003, and in-depth security training must As you know, the requirement to implement a hazardous matérials security plan regulatory deadline, we would appreciate your opinion on the questions raised herein as be accomplished by December 22, 2003. Because of the need to comply with this soon as possible. If you require additional information on these issues, please call me at 703-838-1910. Respectfully submitted, Elling Richard Moskowitz Assistant General Counsel & Regulatory Affairs Counsel 3 49 C.F.R. § 172.704(a)(5). ** TOTAL PAGE.03 **#