Hazmat Security Plan Modified by PHMSA

Friday, March 12, 2010 by Transportation Lawyer
The Pipeline and Hazardous Materials Safety Administration ("PHMSA") recently revised 49 CFR Part 172 to modify certain aspects of its hazardous materials security plan.  The final rule, which should be of keen interest to those air, rail, vessel, and motor carriers who transport hazmat materials, will go into effect on October 1, 2010 and deregulate certain types and quantities of hazardous materials unlikely to be targeted for criminal or terrorist use.  The final rule also clarifies certain PHMSA regulations related to security planning, training, and documentation.  Culling less security sensitive hazardous materials from the regulatory list should help reduce carrier costs and paperwork associated with PHMSA compliance.   

Comments for Hazmat Security Plan Modified by PHMSA

Thursday, March 18, 2010 by Transporation Lawyer:
On March 9, 2010, the PHMSA issued a Final Rule revising the security plan requirements currently found in 49 U.S.C. 172.800. Effective October 1, 2010, carriers and shippers that handle certain types of hazardous material deemed by the PHMSA to not pose a security risk are no longer required to prepare a written security plan to address the steps taken by the company to minimize risks association with such materials. Previously, the regulation applied to a carrier or shipper handling any type of hazardous material requiring vehicle placarding. The security plan requirement, as well as the corresponding training obligations, will be limited to large bulk quantities (greater than 3,000 kg or 3,000 liters) of certain classes of hazardous materials, and any quantity of more dangerous materials such as Divisions 1.1 through 1.3 explosives, poisons, and Division 4.3 materials. A complete list of the regulated hazardous materials still requiring a written security plan can be found in the Federal Register notice issued by the PHMSA in http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ab8e71.

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