{"operation":"document","citation":"10-0083","title":"Chemical Sector Coordinating Council — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-06-09","effective_on":null,"summary":"10-0083 response to Chemical Sector Coordinating Council concerning 172.800, 172.802.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0083.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0083.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0083","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/100083.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\nJUN - 9 ?1l10\n1 200 New Jersey Ave. SE\nWashington. D.C. 20590\nMr. Dan Walters\nChainnan\nChemical Sector Coordinating Council\n1120 Nineteenth Street, NW, Suite 310\nWashington, DC 20036\nRef. No. 10-0083\nDear Mr. Walters:\nThis responds to your April 14, 2010 request for clarification on the applicability of security\nplan requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask ifthe en route security plan requirement in § 172.802(a)(3) requires a\ncarrier to address threats that may arise during temporary post-accident storage incidental to\nthe removal of covered materials from an accident site.\nThe security plan requirements apply to persons who offer for transportation or transport\nhazardous materials in the quantities and thresholds established by § 172.800(b). A security\nplan must cover personnel, unauthorized access, and en route security - that is, the security of\na covered hazardous materials shipment from its origin to its destination, including shipments\nstored incidental to movement.\nA carrier's security plan may continue to apply during an incident situation under certain\ncircumstances. For example, the carrier's security plan would continue to apply in the event\nthat an incident does not jeopardize the integrity ofthe package, but immobilizes the motor\nvehicle. Thus, a carrier's security plan must include measures to ensure the security of the\nvehicle until it is repaired or towed from the accident site and the security of any transfer or\ntransloading operations for the hazardous materials being transported.\nDuring an accident situation that involves a release of vehicle contents to the environment the\noriginating carrier's security plan would apply up to the point where local first responders or\nremediation crews assume command of the incident. Leaks and spills must be remediated and\nany resulting waste materials must be re-offered for transportation. The remediation process\noften involves a new offeror, carrier, package, and security plan. The responsible party in\n\n<<<PAGE 2>>>\n\npossession of a material that triggers the security plan requirements must have and implement\na security plan as required by Part 172, Subpart I of the HMR.\nI hope this information is helpful. If you need further assistance, please contact this Office.\nhades E. Betts\n. ,Standards Development\nOffice of Hazardous Materials Standards\n2\n\n<<<PAGE 3>>>\n\nAmerican Coatings Association\nAmerican ChemIstry Council\nAmerican Petroleum Institute\nAgricultural Retailers Association\nChemIcal Producers & Distributors\nAssociation\nThe Chlorine Institute\nCropUfe America\nCompressed Gas Association\nThe Fertilizer Institute\nInternational Institute of Ammonia\nRefrigeration\nInternational Liquid Terminals Association\nInstitute of Makers of Explosives\nNationa I Association of Chemical\nDistributors\nNational Petrochemical &\nRefiners Association\nSociety of Chemical Manufacturers and\nAffiliates\n:Ii,\" I?\" \"1,\n.lltldiltg, ~0~'~1!\n.. ~~O\nApril 14, 2010\n~ 172. <jjoz(a~)\nDr. Magdy EI~Sibaie SeC{);/+u PIMJ6\nAssociate Administrator . J ~\\ 0i3\nPipeUne and Hazardous Materials Safety Administration 10 -Du Q'\nU.S. Department ofTransportation\n1200 New Jersey Avenue, SW\nWashington, DC 20590\nRe: Request for Interpretation\nDear Dr. EI~Sibaie:\nOn behalf ofthe Chemical Sector Coordinating Council (CSCC)1, I am\nwriting to request a regulatory interpretation of the scope of 49\nCFR 172.802(a)(3) as it pertains to shipments of security-sensitive\nmaterials that are accidently released enroute to destination.\nRules promulgated by the Pipeline and Hazardous Materials\nAdministration (PHMSA) require persons who offer or transport in\ncommerce security-sensitive materials to develop and implement\nplans to address security risks related to the transportation of\nthose materials. Among the components to be included in these\nsecurity plans, PHMSA reqUires, at 49 CFR 172.802(a)(3), \"measures\nto address the assessed security risk of shipments of hazardous\nmaterials covered by the security plan en route from origin to\ndestination, including shipments stored incidental to movement.\"\nThere is no doubt that PHMSA's security plan requirements apply\nto shipments during the normal course oftransportation.\nOccasionally, however, shipments of security-sensitive materials\nare involved in accidents while enroute to destination, and these\naccidents may also involve the release of security-sensitive\nmaterials. After any safety concerns have been addressed at the\nsite of such accidents, threats to the security of these materials\nfrom intentional acts, such as theft, sabotage, or release, may\nremain until the materials are removed.\nThe mission ofthe csee Is to advance the physical and cyber security\nand emergency preparedness of the nation's chemical sector infrastructure.\nMembership in the csee is open to any industry association predominantly\nrepresenting chemical sector businesses. The csee manages its activities\nconsistent with Homeland Security Presidential Directive 7 and related\nauthorities.\n\n<<<PAGE 4>>>\n\nPage 2\nThe CSCC believes that PHMSA's security plan requirements for enroute security include\naddressing threats that may arise during temporary post-accident storage incidental to the\nremoval of security-sensitive materials from the site. We are asking for an interpretation from\nyour office as to whether we have understood this requirement correctly.\nThank you for your attention to this matter.\nRespectfully,\nD~~4~~\nDan Walters\nChairman","truncated":false,"body_characters":5603}