DOT Hazardous Materials Division — Hazardous Materials Safety Interpretation

Page 1. 5 . Memorandum of Transportation U.S. Department Special Programs Research and Administration Date: FEB 10 2005 Reply to: Ref. No. 05-0020 Subject: INFORMATION: Request for Interpretation Hothez Michel Chief, Regulatory Review and Reinvention Hazardous Materials Safety To: William Quade Chief, Hazardous Materials Division, MC-ECH EMCSA This responds to your e-mail message réquesting confirmation of the security plan requirements in § 172.800. It is your understanding that a carrier with multiple terminals in a wide array of settings ranging from rural to urban, mountainous to plains, close to densely populated cities to remote locations, must develop a separate security plan for each location. Your understanding is correct. A key component of a security plan is an assessment of possible transportation security risks for shipments of certain hazardous materials. These risks will vary from location to another. While the carrier may be able to develop some common elements in the security plan that apply to all locations, different locations and circumstances will necessitate different security measures; hence, each location must develop a security plan that addresses the vulnerabilities in that particular location. I trust this satisfies your request. •#

Page 2Message Page 1 of 1 Gorsky, Susan From: Quade, William [william.quade@fmcsa.dot.gov] Corbin Sent: Friday, January 14, 2005 2:19 PM To: Gorsky, Susan <RSPA> $172.800 Subject: Request for Interpretation Security Plans Susan, 05-0020 terminals are in a wide variety of settings from rural to urban, from mountainous to plains, close to big cities and FMCSA recently completed a compliance review on a carrier that has over 100 terminals across the country. The perform an assessment of security risks and develop a security plan that addresses the vulnerabilities distant from any major population center. It is our understanding 172.800 would require each seperate location to discovered. Can you please confirm this view? Thanks, BQ 1/25/2005#

Page 3Message Page 1 of1 Gorsky, Susan From: Quade, William [william.quade@fmcsa.dot.gov] Corbin Sent: Friday, January 14, 2005 2:19 PM To: Gorsky, Susan <RSPA> $172.800 Subject: Request for Interpretation • securityPlan Susan, 15-6020 terminals are in a wide variety of settings from rural to urban, from mountainous to plains, close to big cities and FMCSA recently completed a compliance review on a carrier that has over 100 terminals across the country. The perform an assessment of security risks and develop a security plan that addresses the vulnerabilities distant from any major population center. It is our understanding 172.800 would require each seperate location to Thanks, BQ 1/25/2005#

Page 4of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration NOV 20 2003 Mr. Kraig R. Naasz President The Fertilizer Institute 820 First Street, N.E., Suite 430 Washington, D.C. 20002 Dear Mr. Naasz: This responds to an emailed inquiry from your organization concerning the applicability of the security plan requirements in Subpart 1 of Part 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to agricultural retailers. Specifically, you ask whether an agricultural retailer is required to verify that a customer has a security plan. The security plan requirements in Subpart I of Part 172 apply to persons who offer for transportation or transport certain hazardous materials in commerce. An agricultural retailer who sells agricultural products such as fertilizer or pesticides to a farmer is an offeror for purposes of the HMR and, thus, must develop and implement a security plan if it sells hazardous materials in the types and amounts listed in § 172.800(b). In accordance with security. § 172.802, the security plan must address personnel security, unauthorized access, and en route The regulations do not require an agricultural retailer to verify that its customers have a security plan nor do the regulations require the retailer to collect or review customer security plans. However, the retailer's security plan should indicate the measures it has taken to address en route security. For example, an agricultural retailer may want to suggest to his customers that they take certain precautions while transporting the hazardous materials from the retailer's facility to the customer's facility. Such precautions could include: (1) to the extent practical, minimizing transit time by going directly from the retailer to the destination; (2) to the extent practical, preventing unauthorized persons from gaining access to the shipment by monitoring the shipment during stops, locking the shipment inside the transport vehicle, securing the shipment to the transport vehicle, and/or securing closures on the container(s) or package(s); and (3) reporting suspicious incidents or events to local law enforcement officials and/or the Federal Bureau of Investigation. The Research and Special Programs Administration has developed a fact sheet and a sample security plan (copies enclosed) to assist farmers to comply with the security plan requirements in Subpart I of Part 172. To address security issues associated with the transportation of#

Page 5• products to the customer's facility, an agricultural retailer may want to provide the customer with copies of the fact sheet and the sample security plan. I hope this information is helpful. If you have additional questions, please do not hesitate to contact this office. Sincerely, Robert A. McGuire Associate Administrator for Hazardous Materials Safety Enclosures#

Page 6Gorsky, Susan Sent: From: Pam Guffain [PGuffain@tfi.org] Subject: To: Monday, November 17, 2003 10:14 AM Gorsky, Susan Per our discussion Flag Status: Follow Up Flag: For Your Information Flagged Dear Susan, ›lans and that there is no "regulatory requirement" that retail dealers check, verify, I would appreciate an official letter of interpretation regarding verification of securiti collect, or anything else, farmer plans." dealers can simply hand their customer the DOT documents (fact sheet, generic plan, etc.) You might suggest in the letter that retail and suggest that if they don't have a plan that they may want to consider the DOT documents. since there isn't a regulatory requirement DOT would not use this in an enforcement). It might also be helpful to mention something about legal liability (like President, The Does this make sense? I would like to have the letter addressed to Kraig R. Naasz, 20002. Fertilizer Institute, 820 First Street, N.E., Suite 430, Washington, D.C. If you can email or fax it that would be wonderful. Thanks, Pam Director, Government Relations Pam Guffain The Fertilizer Institute 820 First Street, N.E., Suite 430 202-515-2704 (direct) Washington, D.C. 20002 202-257-3043 (cell) 202-962-0577 (fax) From: Alicia Fitzpatrick [mailto:alicia@aradc.oxg] -----Original Message-- Sent: Friday, November 14, 2003 4:24 PM Subject: ARA MEMBER ALERT «DOT HAZMAT SECURITY brochure. pdf>> «DOT Sample Farmer Security Plan.doc>> «DOT Ag Security Flyer.pdt>> <...OLE_Obj...» <..OLE_Obj...» MEMBERSHIP ALERT! RELEASE Contact: FOR IMMEDIATE 2003 Alicia Fitzpatrick 202-457-0825 November 14, Growers Now Need a Security Plan New DOT HAZMAT Transportation Rule: 1#

Page 7Transportation (DOT) has implemented new Hazmat restrictions that were As ARA has consistently reported to our members, the Department of regulations took effect on September 25, 2003. included in a final rule issued earlier this year (HM 232). The new DOT growers who transport HAZMAT materials above certain weight and volume According to DOT officials, criteria will now need a security plan. required to place placards on their vehicles depending on the types and In addition, growers may be documents.) quantities of materials they are transporting. (See attached DOT The interpretation of this rule covers transportation and shipping of Hazmat to include many pesticides and some common fertilizers that most retailers with TIH hazard) or ammonium nitrate fertilizer (Division 5.1) that is more For example a farmer transporting anhydrous anmonia (Division 2.2 than 119 gallons in a single container OR more than 1,000 pounds in multiple containers in a single shipment must have a security plan and placard their pesticides and fertilizers that are designated as HAZMAT, review this new In an exercise of caution, ARA strongly suggests that retailers of implications. rule in its entirely and consult with local counsel regarding the state law procedures related to grower compliance with the new rule and potential Some issues to consider include potential establishment of liability related for failure to institute procedures. and DOTis website for additional information. http://hazmat.dot.gov/pubtrain/Security8200820&820A.pdf>. If you have further questions call ARA at 202-457-0864. The National Voice of the Ag Retailer 2#

Page 8HAZARDOUS MATERIALS TRANSPORTATION SECURITY REQUIREMENTS OR FARMERS, RANCHERS, AND PRODUCTION AGRICULTURAL OPERATIONS If you do not ship or transpoltazardous do not need a security plan. Also, if suppliers materials in amounts that require placards you deliver hazardous materials to your operation, Photos courlesy al USON NECS it is their responsibility to have a plan. hazardous materials in quantities that require placards must now develop and implement Beginning September 25, 200agricultural producers who ship or transport certain If the security plan requirement applies your operation, the plan must include measures a transportation security plan. This new Federal Department of Transportation rule affects to address personnel, unauthorized access, transportation of hazardous materials needed to support commercial activities like farming and en route transportation issues. and ranching. Its aim is to deter terrorist and other illegal acts while at the same time Personnel Securitylf you use employees limiting a producer's exposure to liability in the event that an illegal act occurs. to pick up and transport placarded hazardous security plan must include measures to confim materials from your supplier to your farm, your For many years diamond-shaped signs, called placarise been required on vehicles information provided by the employee on his/ ,transporting certain types and quäntities of hazardous materials. Placards provide first-on- her job application or resume. Note that this scene emergency responders with the information: necessary to quickly assess an accident requirement only applies to employees hired situation from a distance; reducing: the possibility of someone approaching. the accident site after September 25, 2003, who are involved without wearing protective clothing or equipment. Fire fighters, police, and other responders in the actual shipment or transportation of the Placards indicate to emergency responders how to safely and appropriafely handle the canthus avoid unnecessary exposure to a dangerous, perhaps life-threatening, material. materials covered by the plan. Unauthorized AccessYour security plan Examples of materials for which a pläcard isrequired include pesticides; ferlizers such as accident, mitigate the threat of environmental damage, and conduct life-saving operations. must include measures to protect against unauthorized access by using locks or anhydrous ammonia or ammonium nitrate; fuels such as gasoline, diesel, and propare; and physical/visual observation. For example, if explosives such aş dynamite and detonators. you stop on the way back to your farm for a snack or a meal, you should keep your vehicle The following chart lists examples of the types and quantities of hazardous the vehicle. in sight and/or lock or secure the material in materials that require a placard and, thus, a transportation security plan. Security En RouteYour security plan must Material Quanity Placard include measures to ensure the security of the materials between the time you pick them up Dynamite and the time you arrive at your farm. In this (Division 1.1 explosive) Any Amount would be to minimize the time that the shipment case, the most effective security measure Detonators to your farm. is in transit by going directly from your supplier (Division 1.4 explosive) in a single shipment More than 1,000 Ibs Remember: • Your plan can be tailored to your operation. (Division 2.1 material) Propane on file at State or Federal DOT offices. •Your plan will not be collected by or kept Propane ELZINGELE • Your plan will be enforced by State or Anhydrous ammonia More than 119 gallons Federal DOT as part of the general (Division 2.2 with TIH hazard) in a single container Anhydrous enforcement program for the HAZMAT carrier Ammonia and shipper community but not as part of any Gasoline (Class 3) OR roadside stop inspections. Gasoline FAKHSAPLE You may have a plan in place currently that Pesticides/herbicides that More that 1,000 meets these requirements, such as one drawn bear a DOT poison label pounds up in accordance with agribusiness guidelines (Division 6.1) in multiple containers POISON Pesticides/ Herbicides issued by The Fertilizer Institute, the in a single shipment Agricultural Retailers Association, CropLife Ammonium nitrate fertilizer Ammonium America, or other industry groups or (Division 5.1) Nitrate Ferülizer OXTORIE and security measures for pesticides in associations, or a plan implementing safety accordance with Environmental Protection Diesel fuel Agency regulations. (Class 3) More than 119 gallons in a single container RAMBLE Research and Speciol Progroms Administration For further informațion, contact the HAZARDOUS MATERIALS INFORMATION CENTER at 1 (800) HMR-4$#