{"operation":"document","citation":"03-0328","title":"The Fertilizer Institute — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-11-20","effective_on":null,"summary":"03-0328 response to The Fertilizer Institute concerning 172.800, 172.802.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0328.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0328.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0328","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030328.pdf","body":"<<<PAGE 1>>>\n\n•\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nNOV 20: 2003\nMr. Kraig R. Naasz\nPresident\nThe Fertilizer Institute\n820 First Street, N.E., Suite 430\nWashington, D.C. 20002\nDear Mr. Naasz:\nThis responds to an emailed inquiry from your organization concerning the applicability of the\nsecurity plan requirements in Subpart I of Part 172 of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) to agricultural retailers. Specifically, you ask whether an\nagricultural retailer is required to verify that a customer has a security plan.\nThe security plan requirements in Subpart I of Part 172 apply to persons who offer for\ntransportation or transport certain hazardous materials in commerce. An agricultural retailer\nwho sells agricultural products such as fertilizer or pesticides to a farmer is an offeror for\npurposes of the HMR and, thus, must develop and implement a security plan if it sells\nhazardous materials in the types and amounts listed in § 172.800(b). In accordance with\n§ 172.802, the security plan must address personnel security, unauthorized access, and en route\nsecurity.\nThe regulations do not require an agricultural retailer to verify that its customers have a security\nplan nor do the regulations require the retailer to collect or review customer security plans.\nHowever, the retailer's security plan should indicate the measures it has taken to address en\n-\nroute security. For example, an agricultural retailer may want to suggest to his customers that\nthey take certain precautions while transporting the hazardous materials from the retailer's\nfacility to the customer's facility. Such precautions could include: (1) to the extent practical,\nminimizing transit time by going directly from the retailer to the destination; (2) to the extent\npractical, preventing unauthorized persons from gaining access to the shipment by monitoring\nthe shipment during stops, locking the shipment inside the transport vehicle, securing the\nshipment to the transport vehicle, and/or securing closures on the containers) or package(s);\nand (3) reporting suspicious incidents or events to local law enforcement officials and/or the\nFederal Bureau of Investigation.\nThe Research and Special Programs Administration has developed a fact sheet and a sample\nsecurity plan (copies enclosed) to assist farmers to comply with the security plan requirements\nin Subpart I of Part 172. To address security issues associatec with the transportation of\n\n<<<PAGE 2>>>\n\n•\nproducts to the customer's facility, an agricultural retailer may want to provide the customer\nwith copies of the fact sheet and the sample security plan.\nI hope this information is helpful. If you have additional questions, please do not hesitate to\n•\ncontact this office.\nSincerely,\nRobert A. McGuire\nAssociate Administrator for Hazardous\nMaterials Safety\nEnclosures\n\n<<<PAGE 3>>>\n\n•\nGorsky, Susan\nSent:\nFrom:\nPam Guffain [PGuffain@tfi.org]\nSubject:\nTo:\nMonday, November 17, 2003 10:14 AM\nPer our discussion\nGorsky, Susan\nFlag Status:\nFollow Up Flag:\nFlagged\nFor Your Information\nDear Susan,\nto handle cans ad editerents release tr now that this has been tease t feet feis\nLike you, IFI would have preferrec\nvery important to set the record straight so that retailers won't be crazy with this issue\nI would appreciate an official letter of interpretation regarding verification of security\ncollect, or anything else, farmer plans.\"\nolans and that there is no \"regulatory requirement\" that retail dealers check,\ndealers\ncan simply hand their customer the DOT documents (fact sheet,\nYou might suggest in dee leer that retal\nand suggest that if they don't have a plan that they may want to consider the DOT\ngeneric plan, etc.)\ndocuments. It might also be helpful to mention something about legal liability (like\nsince there isn't a regulatory requirement DOT would not use this in an enforcement).\nDoes this make sense? I would like to have the letter addressed to Kraig R. Naasz,\nPresident, The Fertilizer Institute, 820 First Street, N.E., Suite 430, Washington, D.C.\nIf you can email or fax it that would be wonderful.\nThanks,\nPam\nPam Guffain\nThe Fertilizer Institute\nDirector, Government Relations\nWashington, D.C. 20002\n820 First Street, N.E., Suite 430\n202-515-2704 (direct)\n202-257-3043\n202-962-0577 (fax)\n(cell)\nFrom: Alicia Fitzpatrick [mailto:alicia@aradc.ora]\n----Original Message-----\nSubject: ARA MEMBER ALERT\nSent: Friday, November 14, 2003 4:24 PM\n«DOT HAZMAT SECURITY brochure.pdf>>\n<<DOT Sample Farmer Security Plan.doc>>\n«DOT Ag Security Flyer. pdf>>\n<..OLE_Obj...» «..OLE_Obj...»>\nMEMBERSHIP ALERT!\nRELEASE\nContact:\nFOR IMMEDIATE\n2003\nAlicia Fitzpatrick\n202-457-0825\nNovember 14,\nNew DOT HAZMAT Transportation Rule:\nGrowers Now Need a Security Plan\n1\n\n<<<PAGE 4>>>\n\nTransportation (DOT) has implemented new Hazmat\nAs ARA has consistently reported to our members, the Department of\nincluded in a final rule issued earlier this year (HM 232). The new DOI\nrestrictions that were\ngrowers who transport HAZMAT materials above certain weight and volume\nregulations took effect on September 25, 2003.\nAccording to DOT officials,\ncriteria will now need a security plan.\nrequired to place placards on their vehicles depending on the types and\nIn addition, growers may be\nquantities of materials they are transporting.\ndocuments.)\n(See attached DOT\nThe interpretation of this rule covers transportation and shipping oi Hazmat\nto include many pesticides and some common fertilizers that most retailers\nv1th Ill hazard) or ammonium nitrate fertilizer (Division 5.1) that is more\nor example a farmer transporting anhydrous ammonia (Division 2.2\nvehicle.\ncontainers in a single shipment must have a security plan and placard their\npesticides and fertilizers that are\nIn an exercise of caution, ARA strongly suggests that retailers of\nrule in its entirely\nimplications.\nliability related for failure to institute procedures.\nBecause this is an issue involving state law, which is different in each\nthe new regulation.\nthe applicability of the security plan requirements (FACT SHEET AND SAMPLE\nSECURITY PLAN) fox growers.\nrule on HM 232 (http://www.tanktruck.net/pdf/hm820232.pdf>)\nvebsite regarding this issue are the following: general DOT web page or\nnd DOT's website for additional information. Important links to DOT's\nhat security at http://hazmat.dot.gov/hmt_security.htm> and Frequently\n<http://hazmat.dot.gov/pubtrain/Security8200820&820A.pdf>.\nAsked Questions page at\nIf you have further questions call ARA at 202-457-0864.\nThe National Voice of the Ag Retailer\n2\n\n<<<PAGE 5>>>\n\nHAZARDOUS MATERIALS TRANSPORTATION\nSECURITY REQUIREMENTSFOR FARMERS, RANCHERS,\nAND PRODUCTION AGRICULTURAL OPERATIONS\nIf you do not ship or transpoltazardous\nmaterials in amounts that require placards you\ndeliver hazardous materials to your operation,\ndo not need a security plan. Also, if suppliers\nPhelos courtesy of USDA NRCS\nit is their responsibility to have a plan.\nBeginning September 25, 2003gricultural producers who ship or transport certain\nIf the security plan requirement applies\nhazardous materials in quantities that require placards must now develop and implement\nyour operation, the plan must include measures\na transportation security plan. This new Federal Department of Transportation rule affects\nto address personnel, unauthorized access,\ntransportation of hazardous materials needed to support commercial activities like farming\nand en route transportation issues.\nlimiting a producer's exposure to liability in the event that an illegal act occurs.\nand ranching. its aim is to deter terrorist and other illegal acts while at the same time\nto pick up and transport placarded hazardous\nPersonnel Securityif you use employees\nmaterials from your supplier to your farm, your\nsecurity plan must include measures to confim\nFor many years diamond-shaped signs, called placarate been required on vehicles\ninformation provided by the employee on his/\nscene emergency responders with the information necessary to quickly assess an accident\ntransporting certain types and quantities of hazardous materials. Placards provide first-on-\nrequirement only applies to employees hired\nher job application or resume. Note that this\n• situation from à distance, reducing. the possibility of someone approaching the accident site\nafter September 25, 2003, who are involved\nwithout wearing: protective. clothing: or equipment. Fire fighters, police, and other responders\nin the actual shipment or transportation of the\ncan thus avoid unnecessary exposure to a dangerous, perhaps life-threatening, material.\nmaterials covered by the plan.\naccident, mitigate the threat of environmental damage, and conduct life-saving operations.\nPlacards indicate to emergency responders how to safely and appropriately handle the\nUnauthorized AccessYour security plan\nmust include measures to protect against\nExamples: of materials: for which a placard is required include pesticides; tertilizers such as\nunauthorized access by using locks or\nanhydrous ammonia or ammonium nitrate; fuels such as gasoline, diesel, and propane; and\nphysical/visual observation. For example, if\nexplosives such as dynamite and detonators.\nsnack or a meal, you should keep your vehicle\nyou stop on the way back to your farm for a\nThe following chart lists examples of the types and quantities of hazardous\nthe vehicle.\nin sight and/or lock or secure the material in\nmaterials that require a placard and, thus, a transportation security plan.\nSecurity En RouteYour security plan must\nMaterial\nQuanity\nPlacard\ninclude measures to ensure the security of the\nmaterials between the time you pick them up\nDynamite\nand the time you arrive at your farm. In this\n(Division 1.1 explosive)\nAny Amount\nwould be to minimize the time that the shipment\ncase, the most effective security measure\nis in transit by going directly from your supplier\nDetonators\n(Division 1.4 explosive)\nMore than 1,000 Ibs\nin a single shipment\nRemember:\n* Your plan can be tailored to your operation.\n(Division 2.1 material)\nPropane\n• Your plan will not be collected by or kept\nPropane CASALLELE\non file at State or Federal DOT offices.\n• Your plan will be enforced by State or\n(Division 2.2 with TIH hazard)\nAnhydrous ammonia\nMore than 119 gallons\nin a single container\n-\nFederal DOT as part of the general\nAnhydrous\nenforcement program for the HAZMAT carrier\nAmmonia\nand shipper community but not as part of any\n(Class 3)\nGasoline\nOR\nroadside stop inspections.\nGasoline FiaruELF\nYou may have a plan in place currently that\nPesticides/herbicides that\nMore that 1,000\nmeets these requirements, such as one drawn\nbear a DOT poison label\npounds\n(Division 6.1)\nin multiple containers\nPOISON?\nPesticides/\nup in accordance with agribusiness guidelines\nHerbicides\nissued by The Fertilizer Institute, the\nin a single shipment\nAgricuitural Retailers Association, CropLife\nAmmonium nitrate fertilizer\nAmmonium\nAmerica, or other industry groups or\n(Division 5.1)\nFertilizer\nNitrate\nOXIDRER\nassociations, or a plan implementing safety\nand security measures for pesticides in\naccordance with Environmental Protection\nDiesel fuel\nMore than 119 gallons\nAgency regulations.\n(Class 3)\nin a single container\nHAIRABLE\nAdministration\nResearch and Special Progroins\nFor further information, contact the HAZARDOUS MATERIALS INFORMATION CENTER at 1 (800) HMR-4§\n\n<<<PAGE 6>>>\n\nU.s. Department\nof Transportation\nTRANSPORTATION SECURITY EVALUATION &\nSpecial Programs\nResearch and\nPLANNING FOR FARMERS, RANCHERS, &\nAdministration\nPRODUCTION AGRICULTURAL OPERATIONS\nBackground\nFarmers, ranchers and other agricultural operations can better secure the safe transport of\nhazardous materials, deter terrorist and illegal acts involving hazardous materials, and reduce\ntheir own exposure to liability by developing and implementing security plans that conform to\nDepartment ot Iransportation (DOT) requirements in 49 CFR Part 172, Subpart I. Agricultural\noperations commonly use many materials that are potential targets for terrorism and illegal\nactivities, including: explosives like dynamite or detonators; certain poisonous pesticides;\nfertilizers like anhydrous ammonia and ammonium nitrate; and fuels like gasoline, diesel, and\npropane.\nExamples of Types and Quantities of Materials Requiring Transportation Security Plan\n(DOT Hazard Class Indicated in Parentheses)\nMaterial\nQuantity\nDynamite (Division 1.1 explosive)\nAny amount\nDetonators (Division 1.4 explosive)\nMore than 1,000 pounds in a single shipment\nPropane (Division 2.1 material)\nAnhydrous ammonia (Division 2.2 with TIH hazard)\nMore than 119 gallons in a single container\nGasoline (Class 3)\nPesticides or herbicides that bear a DOT poison label\nAmmonium nitrate fertilizer (Division 5.1)\nsingle shipment\nMore than 1,000 pounds in multiple containers in a\n(Division 6.1)\nDiesel fuel (Class 3)\nMore than 119 gallons in a single container\nTo assist agricultural operations in assessing risk and transporting hazardous materials safely,\nthis sample security plan contains three important components - personnel security, unauthorized\naccess, and security while in transit. Most importantly, the plan conforms to DOT security\nrequirements (49 CFR Part 172, Subpart I) for persons who offer or transport hazardous\nmaterials.\nAssessing Your Risk\nExplosion and Fire. Hazardous materials that are explosive, flammable or combustible can be\nused to attack large groups of people, buildings and critical infrastructure. Examples include\nexplosives and bulk quantities of gasoline, diesel fuel, or propane. In addition, bulk quantities of\nammonium nitrate and ammonium nitrate fertilizers can be used to make explosives. For\nagricultural operations transporting these hazardous materials, the greatest security risk is that a\nshipment may be highjacked or stolen.\n\"Toxic by Inhalation\" Hazards (TIH). TIH materials, either as gases or volatile liquids, can be\n1\n\n<<<PAGE 7>>>\n\nused to attack people in confined spaces such as buildings or subways. Bulk quantities present\ndangers to large areas and could affect a significant number of people. In agriculture, TIH\nincludes the fertilizer anhydrous ammonia. For farmers transporting TIH materials, the greatest\nsecurity risk is that a shipment may be highjacked or stolen or attacked while traveling in a\npopulated area.\nPoisonous Liquids or Solids. Materials with oral toxicity (i.e., poisonous if consumed) can be\nused to attack food or drinking water supplies. Also, liquids that are toxic via the inhalation of\ntheir vapors can be used to attack groups of people indoors or outdoors. In agriculture, certain\npesticides are considered toxic and are labeled by DOT as \"Poisons.\" For agricultural operations\ntransporting toxic/poisonous materials, the greatest security risk is that a shipment may be\nhighjacked or stolen or illegally released while traveling in a populated or vulnerable\ninfrastructure area.\n2\n\n<<<PAGE 8>>>\n\nHazardous Materials Transportation Security Plan for\nAgricultural Operations\nAgricultural Operation Name:\nOperation Contact Name Preparing Plan:\nTown/Community of Operation:\nPhone Number(s) of Operation & Contacts):\nFully complete the following information based on this agricultural operation's transport of the\nhazardous materials:\nThis agricultural operation transports) the following materials for agricultural use\nin amounts that require placarding:\nExplosives\nAny amount of:\n• Dynamite\n•\nMore than 1,000 pounds (total, if in multiple containers) in a single shipment of:\n• Detonators/Blasting Agents\n•\nFlammable/Combustible Liquids or Gases\nMore than 119 gallons in a single container OR More than 1,000 pounds in multiple\ncontainers in a single shipment of:\n• Gasoline\n•\n• Propane/Liquified Petroleum Gas\n• Butane\n•\n• Ammonium nitrate fertilizers\nMore than 119 gallons in a single container of:\n• Diesel Fuel\n• Fuel Oil\n•\n•\nToxic By Inhalation\nMore than 119 gallons in a single container OR More than 1,000 pounds in multiple\ncontainers in a single shipment of:\n• Anhydrous Ammonia\n3\n\n<<<PAGE 9>>>\n\nPoisonous/Toxic Solids or Liquids with DOT \"Poison Label\"\n• Pesticides/Herbicides (List below)\nPersonnel Security\nTo the extent teasible and practical, references, employment history and immigration status will\nbe checked for personnel hired after September 25, 2003, who will be responsible for\ntransporting these listed hazardous materials from any supplier to this operation.\nPersonnel responsible for transporting the listed hazardous materials from any supplier to this\nagricultural operation will be instructed on how to adhere to this security plan.\nUnauthorized Access\nIf it is necessary to stop during transportation of the listed hazardous materials, authorized\npersonnel of this agricultural operation's (operation personnel) will to the extent practical prevent\nunauthorized persons from gaining access to the shipment by monitoring the shipment during the\nstop, locking the shipment inside the transport vehicle, securing the shipment to the transport\nvehicle, and/or securing closures on the containers) or package(s).\n•\nIf it is necessary to stop during transportation of the listed hazardous materials, operational\npersonnel will check the vehicle and the shipment after the stop to make evaluate whether\ntampering or illegal activity has taken place.\nOperation personnel will report suspicious incidents or events to local law enforcement officials\nand/or the FBI as soon as is practical, using the contact information supplied below.\nLocal Police:\nLocal Fire/Emergency Rescue/HazMat Response:\nNearest FBI Field office:\nSecurity During Transport\nOperation personnel will to the extent practical minimize transit time for the listed hazardous\nmaterials by going directly from the supplier to the operation.\nOperation personnel will report suspicious incidents or events to local law enforcement officials\nor the FBI as soon as is practical, using the contact information supplied above.\nFor your records and personnel use, keep a copy of this plan in an accessible, but secure\nlocation at the agricultural operation.\nPrepared By:\nDate:\nRevised/Edited/Reviewed by:\nDate:\n•\n4","truncated":false,"body_characters":18186}