{"operation":"document","citation":"11-0263","title":"c/o Waste Control Specialists LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-11-21","effective_on":null,"summary":"11-0263 response to c/o Waste Control Specialists LLC concerning 172.800, 172.802.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0263.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0263.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0263","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110263.pdf","body":"<<<PAGE 1>>>\n\nu.s. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington, DC 20590\nNOV Z ... ~011\nJeff Shouse\nQA Manager\nc/o Waste Control Specialists LLC\n9998 Hwy 176 W.\nAndre,:\"s, TX 79714\nReference No.: 11-0263\nDear Mr. Shouse:\nThis is in response to your October 25, 2011 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to transportation security\nplans. Specifically you ask if identified security concerns should be listed or identified within the\nsecurity plan, or if the security plan should include what measures the facility incorporates to\naddress weaknesses identified during the performance of a risk assessment.\nTransportation security plans must contain both an identification of transportation security risks\nand identify the measures incorporated by the facility to deal with these security risks. The\ncomponents of a security plan are identified in § 172.802 for those who offer for transportation in\ncommerce or transport in commerce one or more of the hazardous materials listed in § 172.800(b).\nSection 172.802(a) states that a security plan must include an assessment of transportation security\nrisks and also include appropriate measures to address the assessed risks.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n~~~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n..\nDrakeford, Carolyn (PHMSA)\nFrom: Betts, Charles (PHMSA)\nSent: Tuesday, October 25, 2011 3:17 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: Fw: Interpretation of regulation 49 CFR 172.802(a)\nPlease log and assign for handling\nFrom: Jeff Shouse [mailto:jshouse@wcstexas.com]\nSent: Tuesday, October 25, 2011 01:38 PM\nTo: Betts, Charles (PHMSA)\nSubject: Interpretation of regulation 49 CFR 172.802(a)\nMr. Betts,\nA question was raised as to the intent I interpretation of the requirement of 49 CFR 172.802(a) which states: \"The security\nplan must include an assessment of transportation security risks for shipments of the hazardous materials listed ... \"\nOur question is, should this be interpreted to mean that the written risk assessment identified concerns should be listed\nand or identified within the security plan, or that the facility incorporates measure to place barriers that would address\nweaknesses identified during the performance of the risk assessment?\nJeff Shouse, RRPT\nQA Manager\nWaste Control Specialists LLC\nPh. (432) 525-8500 ext. 222\nFax. (575) 394-3427\nCell. (432) 425-3517\nWelcome to Quality\nThe information transmitted is intended only for the person or entity to which it is addressed and may contain\nconfidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of\nany action in reliance upon, this information by persons or entities other than the intended recipient is\nprohibited. Ifyou received this in error, please contact the sender and delete the material from any computer.\n1\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nBetts, Charles (PHMSA)\nSent:\nTuesday, October 25, 2011 3: 17 PM To: Drakeford, Carolyn (PHMSA)\nSubject: Fw: Interpretation of regulation 49 CFR 172.802(a}\n11- D2b3\nPlease log and assign for handling\nFrom: Jeff Shouse [mailto:jshouse@wcstexas,com]\nSent: Tuesday, October 25, 2011 01:38 PM\nTo: Betts, Charles (PHMSA)\nSubject: Interpretation of regulation 49 CFR 172.802(a)\nMr. Betts,\nA question was raised as to the intent I interpretation of the requirement of 49 CFR 172.802{a) which states: \"The security\nplan must include an assessment of transportation security risks for shipments of the hazardous materials listed ... \"\nOur question is, should this be interpreted to mean that the written risk assessment identified concerns should be listed\nand or identified within the security plan, or that the facility incorporates measure to place barriers that would address\nweaknesses identified during the performance of the risk assessment?\nJeff Shouse, RRPT\nQA Manager\nWaste Control Specialists LLC\nPh. (432) 525-8500 ext. 222\nFax. (575) 394-3427\nCell. (432) 425-3517\nWelcome to Quality\nThe information transmitted is intended only for the person or entity to which it is addressed and may contain\nconfidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of\nany action in reliance upon, this information by persons or entities other than the intended recipient is\nprohibited. Ifyou received this in error, please contact the sender and delete the material from any computer.\n1lc y~ \\l\np:~ A~~\n~~A\\~<): S ~ tlc flA~\n1","truncated":false,"body_characters":4675}