1 October 2003
the RSPA issued a final rule that requires certain shippers and carriers to develop and implement
security plans that address personnel application controls, protection from access to HAZMAT
by unauthorized persons, and en route security during transportation. The security plan is
applicable to those persons who offer for transportation or transport one or more of seven
categories of HAZMAT as identified below. This ruling requires a security plan to be in place
by 25 September 2003. This ETL 1110-1-502 requires applicable USACE offices to have a
security plan in place as soon as practicable following publication of this ETL. Appendix A is a
Fact Sheet that presents a summary of the DOT ruling.
(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;
(7) A quantity of hazardous material that requires placarding under the provisions of 49
CFR Subpart F.
b. There are two new training requirements. All shippers and carriers of hazardous
materials must assure that their employee training includes a security awareness component. For
persons required to have a security plan, this ruling also requires that plan specific training must
be provided no later than 22 December 2003. This ETL 1110-1-502 requires applicable USACE
offices to provide security training as soon as practicable following publication of this ETL.
c. Engineering and Construction personnel and appropriate operations personnel should
review the regulatory requirements published at 68 Federal Register 14510 on March 25, 2003.
(1) USACE Civil Works projects, as well as military and other governmental projects,
where government staff prepare HAZMAT and transport HAZMAT in a government vehicle, are
not subject to the DOT security planning requirements. However, USACE should be cognizant
of the need for extra security precautions when storing and transporting HAZMAT and may feel
it is prudent to assess additional security requirements and possibly develop a security plan.