Key Elements of the Proposed Rule:
The final rule provides essentially two new requirements: security training
requirements and the requirement for Security Plans.
Who must prepare a security plan? Each person who offers for transportation or
transports one or more of the following hazardous materials (hazmat) must
develop and adhere to a security plan for hazardous materials:
(1) A highway route-controlled quantity of a Class 7 (radioactive) material in a
motor vehicle, rail car, or freight container;
(2) More than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 (explosive) material
in a motor vehicle, rail car, or freight container;
(3) More than one L (1.06 qt) per package of a material poisonous by inhalation
that meets the criteria for Hazard Zone A;
(4) A shipment of a quantity of hazardous materials in a bulk packaging having a
capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or
more 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 pounds) gross
weight or more of one class of hazardous materials for which placarding of a
vehicle, rail car, or freight container is required;
(6) A select agent or toxin regulated by the Centers for Disease Control and
Prevention under 42 CFR 73; or
(7) A quantity of hazardous material that requires placarding under the
provisions of subpart F Part 172.
What are the basic components of a Security Plan? The security plan must
include an assessment of possible transportation security risks for shipments of
the hazardous materials and appropriate measures to address the risks. Under 49
CFR 172.802, the components of a security plan must include:
(1) Personnel security - 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.
(2) Unauthorized access - measures to address the assessed risk that
unauthorized persons may gain access to the hazmat covered by the security plan
or transport conveyances being prepared for transportation of the hazmat covered
by the security plan.
(3) En route security - measures to address the assessed security risks of
shipments of hazmat covered by the security plan en route from origin to
destination, including shipments stored incidental to movement.