{"operation":"document","citation":"17-0022","title":"Golder Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-08-15","effective_on":null,"summary":"17-0022 response to Golder Associates, Inc. concerning 171.1, 171.8, 172.800.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0022.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0022.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0022","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/170022.pdf","body":"<<<PAGE 1>>>\n\nBenjamin Huron, M.Sc., CHMM, CIE\nSenior Scientist\nGolder Associates, Inc.\n9428 Baymeadows Road, Suite 400\nJacksonville, FL 32256\nReference No. 17-0022\nDear Mr. Huron:\nThis letter is in response to your February 21, 2017, e-mail requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the security plan\nrequirements prescribed in Part 172, Subpart I.\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou ask if a company is required to develop and adhere to a transportation security plan\nfor hazardous materials if the employees only unload large bulk quantities of a Class 3\n(flammable liquid), Packing Group (PG) II material while the carrier is present. You\nfurther specify that the company does not offer for transport or act as carrier of this\nhazardous material in quantities that would require a security plan.\nAl.\nThe answer to your question is yes. If the Class 3, PG II material is unloaded from a bulk\npackage in the presence of the carrier, then the requirement to develop and implement a\ntransportation security plan under § 172.800 would apply. If the private carrier has left\nthe consignee's unloading area or the common or contract carrier has departed the\nconsignee's property, then the requirement to develop and implement this same\ntransportation security plan would not apply. The requirement to develop and implement\na security plan applies to persons who offer for transportation or transport the hazardous\nmaterials specified in § 172.800 of the HMR. Section 171.8 defines\n\"transportation/transport\" as the movement of property and loading, unloading, or storage\nincidental to that movement. However, pursuant to § 171.1(d)(2), hazardous materials\nthat are unloaded from a transport vehicle or bulk packaging following delivery of a\nshipment by the carrier to the consignee are not considered to be in transportation in\ncommerce and are not subject to the requirements of the HMR, if: 1) they are unloaded\nby the consignee's own employees following the departure of the carrier's personnel, or\n2) in the event a private carrier is used, that carrier has departed the unloading area.\n\n<<<PAGE 2>>>\n\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nIAn Foste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPlease submit this as a letter of interpretation. Mr. Huron spoke with Jodi. Please let me know if you have any\nquestions.\nThanks,\nJordan\nFrom: Huron, Benjamin [mailto:Benjamin_Huron@golder.com]\nSent: Tuesday, February 21, 2017 8:27 PM\nTo: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nSubject: Security Plan Requirements for Unloading\nTo whom it may concern,\nI am writing to request clarification of the applicability of the DOT security plan requirements at 49 CFR Part 172,\nSubpart I for unloading operations.\nSpecifically, is a company who only has employees that are involved in the unloading of \"large bulk quantities\" of a\nflammable PG II material, while the carrier is present, required to develop and adhere to a transportation security plan for\nhazardous materials? Under this scenario, the company does not offer for transport hazardous materials in quantities that\nwould require a security plan. In addition, the company does not act as a carrier of hazardous material in quantities that\nwould require a security plan.\nThe regulations, as written, imply that the act of unloading of a large bulk shipment of a flammable PG Il material would\ntrigger security plan requirements:\nEach person who offers for transportation in commerce or transports in commerce one or more\nof the following hazardous materials must develop and adhere to a transportation security plan\nfor hazardous materials that conforms to the requirements of this subpart. See 49 CFR\n172.800(b). Transportation or transport means the movement of property and loading,\nunloading, or storage incidental to that movement. See definition of \"transportation\" at 49 CFR\nIs it DOT's intent to require a company that only unloads hazardous materials in amounts meeting the quantities defined\nin 49 CFR 172.800(b) to have a security plan?\nThank you in advanced for your response.\nSincerely,\nBen Huron\n\n<<<PAGE 4>>>\n\nPlease consider the environment before printing this email.\n2","truncated":false,"body_characters":4370}