{"operation":"document","citation":"07-0035","title":"Cornerstone Systems. Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-03-16","effective_on":null,"summary":"07-0035 response to Cornerstone Systems. Inc. concerning 171.8, 172.800.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0035.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0035.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0035","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070035.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nMAR 16 2007\nMr. Jonathan Ward\nRisk Manager\nRef. No. 07-0035\n'ornerstone Systems. In\n101 Wheelis Drive, Suite 30\nMemphis, TN 38117\nDear Mr. Ward:\nThis responds to your February 7, 2007 e-mail, requesting clarification of the security plan\nrequirements of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). In your\ne-mail, you state your company arranges for the transportation of hazardous materials with\nqualified motor carriers at the request of your customers. Your customers consist of customs\nbrokers, freight forwarders, and third-party logistics companies. You state that you require\nyour customers to sign a document verifying they are in compliance with the registration,\nsecurity plan, and training requirements of the HMR. You state that many of your customers\nrefuse to sign this document because they are not required to have a security plan. You ask\nwhether custom brokers, freight forwarders, and third-party logistics companies are required to\nhave a security plan in accordance with 49 CFR Part 172, Subpart I.\nAs required by § 172.800, each person who offers for transportation or transports in commerce\none or more of the hazardous materials specified in § 172.800(b) of the HMR must develop\nand adhere to a security plan addressing personnel, unauthorized access, and en route security.\nIf a broker, freight forwarder, or agent meets the definition of a \"person who offers or offeror\"\nin § 171.8 for one or more of the hazardous materials listed in § 172.800(b), then the broker,\nfreight forwarder, or agent must develop and implement a security plan covering the security\nI: ks associated with the functions he or she performs.\nAs defined in § 171.8, a \"person who offers or offeror\" is any person who does either or both\nfunction required under the HMR for transportation of a hazardous material in commerce; or\nof the following: (1) performs, or is responsible for pertorming, any pre-transportation\n(2) tenders or makes the hazardous material available to a carrier for transportat on in\ncommerce.\nPre-transportation functions are functions specified in the HMR under § 171.8 that are\nrequired to assure the safe transportation of a hazardous material in commerce, and include:\n(1)\nDetermining the hazard class of a hazardous material.\n(2)\nSelecting a hazardous materials packaging.\n(3)\nFilling a hazardous material packaging, including a bulk packaging.\n171.8\n172.800\n070035\n\n<<<PAGE 2>>>\n\n(4)\nSecuring a closure on a filled or partially filled hazardous materials package or\ncontainer or on a package or container containing a residue of a hazardous material.\n(5)\nMarking a package to indicate that it contains a hazardous material.\n(6)\nLabeling a package to indicate that it contains a hazardous material.\n(7)\nPreparing a shipping paper.\n(8)\nProviding and maintaining emergency response information.\n(9)\nReviewing a shipping paper to verify compliance with the HMR or international\nequivalents.\n(10)\nFor each person importing a hazardous material into the United States, providing the\nshipper with timely and complete information as to the HMR requirements that will\napply to the transportation of the material within the United States.\n(11)\nCertifying that a hazardous material is in proper condition for transportation in\nconformance with the requirements of the HMR.\n(12)\nLoading, blocking, and bracing a hazardous materials package in a freight container or\ntransport vehicle.\n(13)\nSegregating a hazardous materials package in a freight container or transport vehicle\nfrom incompatible cargo.\n(14)\nSelecting, providing, or affixing placards for a freight container or transport vehicle to\nindicate that it contains a hazardous material.\nIf a broker, freight forwarder, or agent performs one or more pre-transportation functions to\nprepare a hazardous materials shipment for transportation in commerce, then the broker,\nfreight forwarder, or agent is an offeror under the HMR and is subject to all applicable\nregulatory requirements, including the security plan requirements. A third party logistics\ncompany or broker who contracts with a carrier to transport a shipment on behalf of the\noriginal shipper is not considered an offeror for purposes of the HMR unless it also performs\none or more pre-transportation functions to prepare the shipment for transportation in\ncommerce.\nI hope this information is helpful.\nSincerel\nHohn A Calé D\n/ Chief, Standards Developmen\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nFoster\n5/12.704\nFrom: Jonathan Ward jward@cornerstone-systems.com]\n$112.800\nSent: Wednesday, February 07, 2007 3:53 PM\nTo: INFOCNTR <PHMSA>\n8172.804\nSubject: Haz-Mat Security Plan Compliance\nSecurityplans/.\nTraining\nCORNERSTONE\n07-0035\nC...\nEd Mazzullo\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n400 7th St., S.W\nOffice of Hazardous Materials Safety\nI am in the need of a formal written answer/response to the following situation:\nWashington, DC 20590\nCornerstone Systems, Inc is a transportation property broker based in Memphis, TN. We\nof our customers.\narrange for the transportation of hazardous materials with qualified motor carriers at the request\nForwarders, and 3-PL) offer us hazardous materials shipments to handle for them. ' present\nAn on going problem we have is that a few of our customers (Customs Brokers, Fre ght\nthem with a document that we require them to sign off on stating they have a Haz-Mat Security\nMany of these refuse to sign the document stating that they do not have to have a Haz-Mat\nPlan and are compliant with the regulations, 49 CFR §107.608;§ 172.701-704;§ 172.800-804.\nare cleared through Customs for delivery into the United States. Without the signed document /\nSecurity Plan because they do not handle the freight. Most of these shipments are imports and\nCustoms Brokers have said they are not subject to such regulations and will pass the freight to\ndo not allow Cornerstone Systems to handle this customer's haz-mat freight. Some of the\nany other party who will arrange for the transportation.\nhave a plan and they simply refuse to acknowledge the requirement.\nIn the past I have provided them with the copies of the CFR which shows they are required to\nIf you have any questions, please contact me by email at jward@cornerstone-systems.com or by\nAre Customs Brokers, Freight Forwarders, and 3-PL's subject to this regulation?\ncalling 800-278-7677 ext 289\nJonathan Ward\nThank you and waiting for your response.\nRisk Manager\nJonathan Ward\nRisk Manager\n5101 Wheelis Drive, Suite 300\nCornerstone Systems, Inc\njward@cornerstone-systems.com\nMemphis, TN 38117\nwww.cornerstone-systems.com\nTEL:\n901.842.1239\nOur Purpose: To provide a better place for people to work.\nFAX:\n901 888.0188","truncated":false,"body_characters":6880}