# Chemical Sector Coordinating Council — Hazardous Materials Safety Interpretation

- **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:** Not available
- **summary:** 10-0083 response to Chemical Sector Coordinating Council concerning 172.800, 172.802.
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- **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:**

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U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
JUN - 9 ?1l10
1 200 New Jersey Ave. SE
Washington. D.C. 20590
Mr. Dan Walters
Chainnan
Chemical Sector Coordinating Council
1120 Nineteenth Street, NW, Suite 310
Washington, DC 20036
Ref. No. 10-0083
Dear Mr. Walters:
This responds to your April 14, 2010 request for clarification on the applicability of security
plan requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Specifically, you ask ifthe en route security plan requirement in § 172.802(a)(3) requires a
carrier to address threats that may arise during temporary post-accident storage incidental to
the removal of covered materials from an accident site.
The security plan requirements apply to persons who offer for transportation or transport
hazardous materials in the quantities and thresholds established by § 172.800(b). A security
plan must cover personnel, unauthorized access, and en route security - that is, the security of
a covered hazardous materials shipment from its origin to its destination, including shipments
stored incidental to movement.
A carrier's security plan may continue to apply during an incident situation under certain
circumstances. For example, the carrier's security plan would continue to apply in the event
that an incident does not jeopardize the integrity ofthe package, but immobilizes the motor
vehicle. Thus, a carrier's security plan must include measures to ensure the security of the
vehicle until it is repaired or towed from the accident site and the security of any transfer or
transloading operations for the hazardous materials being transported.
During an accident situation that involves a release of vehicle contents to the environment the
originating carrier's security plan would apply up to the point where local first responders or
remediation crews assume command of the incident. Leaks and spills must be remediated and
any resulting waste materials must be re-offered for transportation. The remediation process
often involves a new offeror, carrier, package, and security plan. The responsible party in

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possession of a material that triggers the security plan requirements must have and implement
a security plan as required by Part 172, Subpart I of the HMR.
I hope this information is helpful. If you need further assistance, please contact this Office.
hades E. Betts
. ,Standards Development
Office of Hazardous Materials Standards
2

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American Coatings Association
American ChemIstry Council
American Petroleum Institute
Agricultural Retailers Association
ChemIcal Producers & Distributors
Association
The Chlorine Institute
CropUfe America
Compressed Gas Association
The Fertilizer Institute
International Institute of Ammonia
Refrigeration
International Liquid Terminals Association
Institute of Makers of Explosives
Nationa I Association of Chemical
Distributors
National Petrochemical &
Refiners Association
Society of Chemical Manufacturers and
Affiliates
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April 14, 2010
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Dr. Magdy EI~Sibaie SeC{);/+u PIMJ6
Associate Administrator . J ~\ 0i3
PipeUne and Hazardous Materials Safety Administration 10 -Du Q'
U.S. Department ofTransportation
1200 New Jersey Avenue, SW
Washington, DC 20590
Re: Request for Interpretation
Dear Dr. EI~Sibaie:
On behalf ofthe Chemical Sector Coordinating Council (CSCC)1, I am
writing to request a regulatory interpretation of the scope of 49
CFR 172.802(a)(3) as it pertains to shipments of security-sensitive
materials that are accidently released enroute to destination.
Rules promulgated by the Pipeline and Hazardous Materials
Administration (PHMSA) require persons who offer or transport in
commerce security-sensitive materials to develop and implement
plans to address security risks related to the transportation of
those materials. Among the components to be included in these
security plans, PHMSA reqUires, at 49 CFR 172.802(a)(3), "measures
to address the assessed security risk of shipments of hazardous
materials covered by the security plan en route from origin to
destination, including shipments stored incidental to movement."
There is no doubt that PHMSA's security plan requirements apply
to shipments during the normal course oftransportation.
Occasionally, however, shipments of security-sensitive materials
are involved in accidents while enroute to destination, and these
accidents may also involve the release of security-sensitive
materials. After any safety concerns have been addressed at the
site of such accidents, threats to the security of these materials
from intentional acts, such as theft, sabotage, or release, may
remain until the materials are removed.
The mission ofthe csee Is to advance the physical and cyber security
and emergency preparedness of the nation's chemical sector infrastructure.
Membership in the csee is open to any industry association predominantly
representing chemical sector businesses. The csee manages its activities
consistent with Homeland Security Presidential Directive 7 and related
authorities.

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Page 2
The CSCC believes that PHMSA's security plan requirements for enroute security include
addressing threats that may arise during temporary post-accident storage incidental to the
removal of security-sensitive materials from the site. We are asking for an interpretation from
your office as to whether we have understood this requirement correctly.
Thank you for your attention to this matter.
Respectfully,
D~~4~~
Dan Walters
Chairman
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