Applicability of security plan requirements

This responds to your March 19, 2008 letter requesting clarification concerning the applicability of security plan requirements to certain shipments of hazardous materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the security plan requirements apply to low volume shipments that do not pose a security risk.

Currently, the security plans requirements in Subpart I of Part 172 of the HMR apply to persons who offer for transportation or transport:

(1) A highway-route controlled quantity of a Class 7 (radioactive) material;
(2) More than 25 kg (55 lbs.) of a Division 1.1, 1.2, or 1.3 (explosive) material;
(3) More than 1 L (1.06 qt.) per package of a material poisonous by inhalation in Hazard Zone A;
(4) A shipment in a bulk packaging with a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases greater than 13.24 cubic meters (468 cubic feet) for solids;
(5) A shipment in other than a bulk packaging of 2,268 kg (5,000 lbs.) gross weight or more of one class of hazardous materials for which placarding is required;
(6) A select agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CFR Part 73 and, by April 1, 2007, a select agent or toxin regulated by the U.S. Department of Agriculture under 9 CFR Part 121; or
(7) A shipment that requires placarding under Subpart F of Part 172 of the HMR.

Note that for shipments that do not require a placard under the HMR, a security plan is not required even if the shipment must be placarded under international regulations. For example, a shipment that requires a Class 9 placard for international transportation is not subject to the security plan requirements if the shipment is excepted from placarding in accordance with § 172.504(f)(9). Similarly, a person who offers for transportation or transports a shipment that is subject to placarding under the International Maritime Dangerous Goods Code is not required to have a security plan if that shipment is not also subject to placarding under the HMR.

We are currently developing a notice of proposed rulemaking under Docket No. HM-232F, which is proposing to revise the list of materials for which hazardous materials transportation security plans are required. The proposed rule will be published in the near future.