{"operation":"document","citation":"05-0020","title":"DOT Hazardous Materials Division — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-02-10","effective_on":null,"summary":"05-0020 response to DOT Hazardous Materials Division concerning 172.800.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0020.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0020.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0020","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050020.pdf","body":"<<<PAGE 1>>>\n\n.\n5 .\nMemorandum\nof Transportation\nU.S. Department\nSpecial Programs\nResearch and\nAdministration\nDate:\nFEB 10 2005\nReply to: Ref. No. 05-0020\nSubject: INFORMATION: Request for Interpretation\nHothez Michel\nChief, Regulatory Review and Reinvention\nHazardous Materials Safety\nTo:\nWilliam Quade\nChief, Hazardous Materials Division, MC-ECH\nEMCSA\nThis responds to your e-mail message réquesting confirmation of the security plan requirements in\n§ 172.800. It is your understanding that a carrier with multiple terminals in a wide array of settings\nranging from rural to urban, mountainous to plains, close to densely populated cities to remote\nlocations, must develop a separate security plan for each location.\nYour understanding is correct. A key component of a security plan is an assessment of possible\ntransportation security risks for shipments of certain hazardous materials. These risks will vary\nfrom location to another. While the carrier may be able to develop some common elements in the\nsecurity plan that apply to all locations, different locations and circumstances will necessitate\ndifferent security measures; hence, each location must develop a security plan that addresses the\nvulnerabilities in that particular location.\nI trust this satisfies your request.\n•\n\n<<<PAGE 2>>>\n\nMessage\nPage 1 of 1\nGorsky, Susan\nFrom:\nQuade, William [william.quade@fmcsa.dot.gov]\nCorbin\nSent:\nFriday, January 14, 2005 2:19 PM\nTo:\nGorsky, Susan <RSPA>\n$172.800\nSubject: Request for Interpretation\nSecurity Plans\nSusan,\n05-0020\nterminals are in a wide variety of settings from rural to urban, from mountainous to plains, close to big cities and\nFMCSA recently completed a compliance review on a carrier that has over 100 terminals across the country. The\nperform an assessment of security risks and develop a security plan that addresses the vulnerabilities\ndistant from any major population center. It is our understanding 172.800 would require each seperate location to\ndiscovered. Can you please confirm this view?\nThanks,\nBQ\n1/25/2005\n\n<<<PAGE 3>>>\n\nMessage\nPage 1 of1\nGorsky, Susan\nFrom:\nQuade, William [william.quade@fmcsa.dot.gov]\nCorbin\nSent:\nFriday, January 14, 2005 2:19 PM\nTo:\nGorsky, Susan <RSPA>\n$172.800\nSubject: Request for Interpretation\n•\nsecurityPlan\nSusan,\n15-6020\nterminals are in a wide variety of settings from rural to urban, from mountainous to plains, close to big cities and\nFMCSA recently completed a compliance review on a carrier that has over 100 terminals across the country. The\nperform an assessment of security risks and develop a security plan that addresses the vulnerabilities\ndistant from any major population center. It is our understanding 172.800 would require each seperate location to\nThanks,\nBQ\n1/25/2005\n\n<<<PAGE 4>>>\n\nof Transportation\nU.S. Department\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 1 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\nsecurity.\n§ 172.802, the security plan must address personnel security, unauthorized access, and en route\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\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 container(s) 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 associated with the transportation of\n\n<<<PAGE 5>>>\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\ncontact this office.\nSincerely,\nRobert A. McGuire\nAssociate Administrator for Hazardous\nMaterials Safety\nEnclosures\n\n<<<PAGE 6>>>\n\nGorsky, Susan\nSent:\nFrom:\nPam Guffain [PGuffain@tfi.org]\nSubject:\nTo:\nMonday, November 17, 2003 10:14 AM\nGorsky, Susan\nPer our discussion\nFlag Status:\nFollow Up Flag:\nFor Your Information\nFlagged\nDear Susan,\n›lans and that there is no \"regulatory requirement\" that retail dealers check, verify,\nI would appreciate an official letter of interpretation regarding verification of securiti\ncollect, or anything else, farmer plans.\"\ndealers can simply hand their customer the DOT documents (fact sheet, generic plan, etc.)\nYou might suggest in the letter that retail\nand suggest that if they don't have a plan that they may want to consider the DOT\ndocuments.\nsince there isn't a regulatory requirement DOT would not use this in an enforcement).\nIt might also be helpful to mention something about legal liability (like\nPresident, The\nDoes this make sense? I would like to have the letter addressed to Kraig R. Naasz,\n20002.\nFertilizer Institute, 820 First Street, N.E., Suite 430, Washington, D.C.\nIf you can email or fax it that would be wonderful.\nThanks,\nPam\nDirector, Government Relations\nPam Guffain\nThe Fertilizer Institute\n820 First Street, N.E., Suite 430\n202-515-2704 (direct)\nWashington, D.C. 20002\n202-257-3043 (cell)\n202-962-0577 (fax)\nFrom: Alicia Fitzpatrick [mailto:alicia@aradc.oxg]\n-----Original Message--\nSent: Friday, November 14, 2003 4:24 PM\nSubject: ARA MEMBER ALERT\n«DOT HAZMAT SECURITY brochure. pdf>>\n«DOT Sample Farmer Security Plan.doc>>\n«DOT Ag Security Flyer.pdt>>\n<...OLE_Obj...» <..OLE_Obj...»\nMEMBERSHIP ALERT!\nRELEASE\nContact:\nFOR IMMEDIATE\n2003\nAlicia Fitzpatrick\n202-457-0825\nNovember 14,\nGrowers Now Need a Security Plan\nNew DOT HAZMAT Transportation Rule:\n1\n\n<<<PAGE 7>>>\n\nTransportation (DOT) has implemented new Hazmat restrictions that were\nAs ARA has consistently reported to our members, the Department of\nregulations took effect on September 25, 2003.\nincluded in a final rule issued earlier this year (HM 232). The new DOT\ngrowers who transport HAZMAT materials above certain weight and volume\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\ndocuments.)\nquantities of materials they are transporting. (See attached DOT\nThe interpretation of this rule covers transportation and shipping of Hazmat\nto include many pesticides and some common fertilizers that most retailers\nwith TIH hazard) or ammonium nitrate fertilizer (Division 5.1) that is more\nFor example a farmer transporting anhydrous anmonia (Division 2.2\nthan 119 gallons in a single container OR more than 1,000 pounds in multiple\ncontainers in a single shipment must have a security plan and placard their\npesticides and fertilizers that are designated as HAZMAT, review this new\nIn an exercise of caution, ARA strongly suggests that retailers of\nimplications.\nrule in its entirely and consult with local counsel regarding the state law\nprocedures related to grower compliance with the new rule and potential\nSome issues to consider include potential establishment of\nliability related for failure to institute procedures.\nand DOTis website for additional information.\nhttp://hazmat.dot.gov/pubtrain/Security8200820&820A.pdf>.\nIf you have further questions call ARA at 202-457-0864.\nThe National Voice of the Ag Retailer\n2\n\n<<<PAGE 8>>>\n\nHAZARDOUS MATERIALS TRANSPORTATION\nSECURITY REQUIREMENTS OR FARMERS, RANCHERS,\nAND PRODUCTION AGRICULTURAL OPERATIONS\nIf you do not ship or transpoltazardous\ndo not need a security plan. Also, if suppliers\nmaterials in amounts that require placards you\ndeliver hazardous materials to your operation,\nPhotos courlesy al USON NECS\nit is their responsibility to have a plan.\nhazardous materials in quantities that require placards must now develop and implement\nBeginning September 25, 200agricultural producers who ship or transport certain\nIf the security plan requirement applies\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.\nand ranching. Its aim is to deter terrorist and other illegal acts while at the same time\nPersonnel Securitylf you use employees\nlimiting a producer's exposure to liability in the event that an illegal act occurs.\nto pick up and transport placarded hazardous\nsecurity plan must include measures to confim\nmaterials from your supplier to your farm, your\nFor many years diamond-shaped signs, called placarise been required on vehicles\ninformation provided by the employee on his/\n,transporting certain types and quäntities of hazardous materials. Placards provide first-on-\nher job application or resume. Note that this\nscene emergency responders with the information: necessary to quickly assess an accident\nrequirement only applies to employees hired\nsituation from a 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\nPlacards indicate to emergency responders how to safely and appropriafely handle the\ncanthus avoid unnecessary exposure to a dangerous, perhaps life-threatening, material.\nmaterials covered by the plan.\nUnauthorized AccessYour security plan\nExamples of materials for which a pläcard isrequired include pesticides; ferlizers such as\naccident, mitigate the threat of environmental damage, and conduct life-saving operations.\nmust include measures to protect against\nunauthorized access by using locks or\nanhydrous ammonia or ammonium nitrate; fuels such as gasoline, diesel, and propare; and\nphysical/visual observation. For example, if\nexplosives such aş dynamite and detonators.\nyou stop on the way back to your farm for a\nsnack or a meal, you should keep your vehicle\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\nDetonators\nto your farm.\nis in transit by going directly from your supplier\n(Division 1.4 explosive)\nin a single shipment\nMore than 1,000 Ibs\nRemember:\n• Your plan can be tailored to your operation.\n(Division 2.1 material)\nPropane\non file at State or Federal DOT offices.\n•Your plan will not be collected by or kept\nPropane\nELZINGELE\n• Your plan will be enforced by State or\nAnhydrous ammonia\nMore than 119 gallons\nFederal DOT as part of the general\n(Division 2.2 with TIH hazard)\nin a single container\nAnhydrous\nenforcement program for the HAZMAT carrier\nAmmonia\nand shipper community but not as part of any\nGasoline\n(Class 3)\nOR\nroadside stop inspections.\nGasoline\nFAKHSAPLE\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\nup in accordance with agribusiness guidelines\n(Division 6.1)\nin multiple containers\nPOISON\nPesticides/\nHerbicides\nissued by The Fertilizer Institute, the\nin a single shipment\nAgricultural Retailers Association, CropLife\nAmmonium nitrate fertilizer\nAmmonium\nAmerica, or other industry groups or\n(Division 5.1)\nNitrate\nFerülizer\nOXTORIE\nand security measures for pesticides in\nassociations, or a plan implementing safety\naccordance with Environmental Protection\nDiesel fuel\nAgency regulations.\n(Class 3)\nMore than 119 gallons\nin a single container\nRAMBLE\nResearch and Speciol Progroms\nAdministration\nFor further informațion, contact the HAZARDOUS MATERIALS INFORMATION CENTER at 1 (800) HMR-4$","truncated":false,"body_characters":13826}