{"operation":"document","citation":"06-0132","title":"Motor Carrier Compliance & Safety Co — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-06-26","effective_on":null,"summary":"06-0132 response to Motor Carrier Compliance & Safety Co concerning 172.802.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0132.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0132.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0132","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060132.pdf","body":"<<<PAGE 1>>>\n\nWash ngton, D.C. 20590\n400 Seventh Street, S.W.\nlazardous Materials Safet\nipeline anc\nAdministration\nJUN 2 6 2006\nMr. Jay Muratore\n104 W. Water Street\nMotor Carrier Compliance & Safety Co.\nRef. No. 06-0132\nOak Harbor, OH 43449\nDear Mr. Muratore:\nThis responds to your May 30, 2006 letter requesting clarification of the security plan\nrequirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nYou provided a sample of a risk assessment template you provide to your clients and seek\nclarification on whether it conforms to the HMR requirements.\nThe requirement to develop and implement a security plan applies to persons who offer\nfor transportation or transport the hazardous materials specified in § 172.800 of the\nHMR. Each security plan must include an assessment of possible transportation security\nrisks for shipments of the listed hazardous materials and appropriate measures to address\nthose risks. At a minimum, each security plan must address personnel security:\nunauthorized access, and en route security.\nThe HMR set forth general requirements for a security plan's components rather than a\nprescriptive list of specific items that must be included. The HMR set a performance\nplans addressing their individual circumstances and operational environment.\nstandard providing shippers and carriers with the flexibility necessary to develop security\ncarrier's individualized assessment of the security risks associated with the specific\nAccordingly, each security plan will differ because it will be based on a shipper's or a\nhazardous materials it ships or transports and its unique circumstances and operational\n172.802\n060132\n\n<<<PAGE 2>>>\n\n2\nThe sample risk assessment template you provided does not appear to be sufficient for\nexample, typically, a risk assessment will include a listing of the specific materials\npurposes of developing a security plan that fully conforms to the HMR requirements. For\nhandled by the facility or carrier and an evaluation of the security risks associated with\neach material. Since security risks will vary for different materials, this is a critical\ncomponent. Your template does not appear to include this step. Similarly, a risk\nincluding quantities of materials transported and baseline security and safety programs\nassessment should include detailed information about the scope of a facility's operations,\nalready in place at the facility. Your template does not appear to include this step.\nTo assist the industry in complying with the security plan requirements, PHMSA\nbe used to identify areas in the transportation process where security procedures should\ndeveloped a security plan template to illustrate how risk management methodology could\nbe enhanced within the context of an overall risk management strategy. The security\ntemplate is posted in the docket and on the PHMSA website at\nhttp://hazmat.dot.gov/rmsef.htm.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nSusan Gorsky\nRegulations Officer\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn <PHMSA>\nLeary\nSent:\nFrom:\nGorsky, Susan <PHMSA>\nSubject:\nTo:\nDrakeford, Carolyn <PHMSA>\nFriday, June 02, 2006 3:17 PM\n$172.802\nFW: interpretation of security plans\nSecurity Plans\nAttachments:\nRisk-cover Letter.doc\n06-0132\nLetter.doc (30 KB)\nRisk-cover\nFrom: jay Muratore\n-----Original Message--\nSent: Tuesday, May 30, 2006\n[mailto: jay@motorcarrieronline.com]\nTo: Gorsky,\nSusan <PHMSA>\n4:39 PM\nCc: Simmons, James <FMCSA>; Skeggs, Stewart <PHMSA>\nSubject: interpretation of\nsecurity plans\nSusan,\nI am requesting an interpretation of the actual requirements needed for a\ner our conversation we had on Tue. May 23rd. in regards to security plans.\nWe offer a security plan for many of haz-mat clients, enclosed is a \"small\nrisk assessment!\nexample\" of our how our risk assessment is presented.\nWe have run into issues with enforcement with our policy not being\nI seek guidance and/or advice to the accuracy/compliance of our risk\n\"personalized\" enough!\nassessment!\ne understand that Security Plans cannot be \"canned\" We advise all ou:\ncompleted by them personally. Enclosed is a copy of the letter that\nlients that we cannot complete the plan. That is something that must br\naccompanied each plan.\nthe actual laws that that are set forth!\nWe believe that our plan is judged by enforcements personal opinion verses\n* Personnel Security Assessment:\ninitial Driver Qualification file should have all the pertinent informatior\n'ersonnel security includes confirmation of identity and credentials. The\nto research his/her background history for consideration of employment.\nCheck Yes or No to questions below:\ncontinuous\nAre employment applications fully completed with at least 10 year:\nof\nemployment and confirmed 3 years back?\nRecommendation:\n* En route Security Assessment:\ncritical space in constant exposure to an uncontrolled environment harboring\nA vehicle in transit represents not just a moving target, but a\n1\n\n<<<PAGE 4>>>\n\nwhen defining primary risks it is important to remember that the cargo is\na diversity of threats.\nthe prime\nsource of consequential damage.\nunauthorized devices\nAre your drivers doing\npre-inspections and checking for any\nhome base?\nattached to their CMV or maintenance problems before leaving your\nRecommendation:\nYes\nNo.\n* Facility Assessment for Unauthorized Access\ngain\nMeasures to address the assessed risk that unauthorized persons may\nprepared to be\naccess to the hazardous material in storage or vehicles being\nshipped with hazardous materials.\nloitering e employees always on\nthe alert for non-authorized persons\nor by company property?\nNo\nRecommendation:\n* Additional Security Risk to En route Security\n> Risk:\nRecommendation:.\n-\n2\n\n<<<PAGE 5>>>\n\nMotor Carrier Compliance & Safety Co.\nMAIN OFFICE\nBRANCH OFFICE\n104 W. Water Street.\nOak Harbor, OH 43449\n1101 Fourth Avenu\nwww.motorcarrieronline.com\n419-898-1570\nake Ariel, PA 1843\nbob@motorsarrieronline.com\n570-589-7690\nImportant Guidelines\nHM 232 Security Plan\nEven though a security plan is in place a written risk assessment of each facility must be\ncompleted and be part of your plan. MCCS has written a risk assessment guideline that needs\nto be completed by an official of your company and inserted in your security plan.\nNo two hazmat companies have the same security issues. The ones listed in the following\nrisk assessment, every company should adhere to, but additional security risks could be\npresent at your location. There is sufficient space to add any risks you find not listed.\nWhen you add any risks to your risk assessment make sure you add them to your security\nplan in the proper sections.\nThis risk assessment follows the main guidelines listed in your security plan.\nYou need to go though the following pages and answer the questions pertaining to the required\nmain subject. All questions pertain to the recommendations or company policies your company\nhas in the plan. Most questions can be answered yes, but if one is answered no you must put in\na recommendation and add it to your security plan.\nIf any main guideline needs to be addressed for further risk assessments, which you or your\ncompany deems necessary to complete your individual plan, there is space under each guideline\nfor you to insert a risk factor and recommendation. This recommendation must be place in your\nsecurity plan in the appropriate guideline section. Pages are provided for these additional\ncompany polices.\nThis should not take you very long to fill out and place in your Security Plan manual, but be\ncareful to look at your whole operations and include all security risks.\nRemember this is a requirement of HM-232 Regulations, but it is your responsibility to\nupdate and make changes to your Security Plan when changes occur in your operation.\nMCCS will continue to update you on any federal changes when applicable, but we seldom\nknow if you make or change company policies affecting your plan.\nYours in Safety: Motor Carrier Compliance & Safety Co.","truncated":false,"body_characters":8059}