Applicability
The Department of Transportation (DOT) requires development and implementation of plans to address security risks related to the transportation of hazardous materials in commerce. Each person who offers for transportation in commerce, or transports in commerce, one or more of the following hazardous materials, must develop and adhere to a transportation security plan for hazardous materials:
- Any quantity of a Division 1.1, 1.2 or 1.3 material;
- A quantity of a Division 1.4, 1.5 or 1.6 material requiring placarding in accordance with subpart F of this part;
- A large bulk quantity of Division 2.1 material;
- A large bulk quantity of Division 2.2 material with a subsidiary hazard of 5.1;
- Any quantity of a material poisonous by inhalation;
- A large bulk quantity of a Class 3 material meeting the criteria for Packing Group I or II;
- A quantity of desensitized explosives meeting the definition of Division 4.1 or Class 3 material requiring placarding;
- A large bulk quantity of a Division 4.2 material meeting the criteria for Packing Group I or II;
- A quantity of a Division 4.3 material requiring placarding;
- A large bulk quantity of a Division 5.1 material in Packing Groups I and II; perchlorates; or ammonium nitrate, ammonium nitrate fertilizers, or ammonium nitrate emulsions, suspensions or gels;
- Any quantity of organic peroxide, Type B, liquid or solid, temperature controlled;
- A large bulk quantity of Division 6.1 material;
- A select agent or toxin regulated by the Centers for Disease Control and Prevention;
- A quantity of uranium hexafluoride requiring placarding;
- International Atomic Energy Agency (IAEA) Code of Conduct Category 1 and 2 materials, including Highway Route Controlled quantities or known radionuclides in forms listed as RAM-QC by the Nuclear Regulatory Commission; and
- A large bulk quantity of Class 8 material meeting the criteria for Packing Group I.
“Large bulk quantity” refers to a quantity greater than 6,614 pounds for solids or 792 gallons for liquids and gases in a single packaging, such as a cargo tank motor vehicle, portable tank, tank car or other bulk container.
Written Program
The security plan must include an assessment of transportation security risks for shipments of the covered hazardous materials, including site-specific or location-specific risks associated with facilities at which the hazardous materials are prepared for transportation, stored or unloaded incidental to movement, and appropriate measures to address the assessed risks. Specific measures put into place by the plan may vary commensurate with the level of threat at a particular time. At aminimum, a security plan must include the following elements:
- Personnel security;
- Unauthorized access; and
- En route security.
Personnel security includes measures to confirm information provided by job applicants hired for positions that involve access to and handling of the hazardous materials covered by the security plan. Such confirmation system must be consistent with applicable Federal and State laws and requirements concerning employment practices and individual privacy.
Unauthorized access includes measures to address the assessed risk that unauthorized persons may gain access to the hazardous materials covered by the security plan or transport conveyances being prepared for transportation of the hazardous materials covered by the security plan.
En route security includes measures to address the assessed security risks of shipments of hazardous materials covered by the security plan en route from origin to destination, including shipments stored incidental to movement.
The security plan must also include the following:
- Identification by job title of the senior management official responsible for the overall development and implementation of the security plan;
- Security duties for each position or department that is responsible for implementing the plan and the process of notifying employees when specific elements of the security plan must be implemented; and
- A plan for training hazmat employees.
The security plan must be in writing and must be retained for as long as it remains in effect. The security plan must be reviewed at least annually and revised and/or updated as necessary to reflect changing circumstances. The most recent version of the security plan must be available to the employees who are responsible for implementing it, consistent with personnel security clearance or background investigation restrictions and a demonstrated need to know. When the security plan is updated or revised, all employees responsible for implementing it must be notified and all copies of the plan must be maintained as of the date of the most recent revision.
Each person required to develop and implement a security plan must maintain a copy of the security plan (or an electronic file thereof) that is accessible at, or through, its principal place of business, and must make the security plan available upon request, at a reasonable time and location, to an authorized official of the Department of Transportation or the Department of Homeland Security.