459
Pipeline and Haz. Matls. Safety Admin., DOT
§ 172.802
ammonium nitrate emulsions, suspen-
sions, or gels.
(11) Any quantity of organic per-
oxide, Type B, liquid or solid, tempera-
ture controlled.
(12) A large bulk quantity of Division
6.1 material (for a material poisonous
by inhalation see paragraph (5) above).
(13) A select agent or toxin regulated
by the Centers for Disease Control and
Prevention under 42 CFR part 73 or the
U.S. Department of Agriculture under 9
CFR part 121.
(14) A quantity of uranium
hexafluoride requiring placarding
under § 172.505(b).
(15) International Atomic Energy
Agency Code of Conduct (IBR, see
§ 171.7) Category 1 and 2 materials, Nu-
clear Regulatory Commission, Cat-
egory 1 and Category 2 radioactive ma-
terials as listed in Table 1, appendix A
to 10 CFR part 37, and Highway Route
Controlled quantities as defined in 49
CFR 173.403.
(16) A large bulk quantity of Class 8
material meeting the criteria for Pack-
ing Group I.
(c)
Exceptions.
Transportation activi-
ties of a farmer, who generates less
than $500,000 annually in gross receipts
from the sale of agricultural commod-
ities or products, are not subject to
this subpart if such activities are:
(1) Conducted by highway or rail;
(2) In direct support of their farming
operations; and
(3) Conducted within a 150-mile ra-
dius of those operations.
[68 FR 14521, Mar. 25, 2003, as amended at 70
FR 73164, Dec. 9, 2005; 71 FR 32258, June 2,
2006; 75 FR 10988, Mar. 9, 2010; 75 FR 53597,
Sept. 1, 2010; 76 FR 56314, Sept. 13, 2011; 85 FR
27878, May 11, 2020; 85 FR 83381, Dec. 21, 2020]
§ 172.802
Components of a security
plan.
(a) The security plan must include an
assessment of transportation security
risks for shipments of the hazardous
materials listed in § 172.800, including
site-specific or location-specific risks
associated with facilities at which the
hazardous materials listed in § 172.800
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 a minimum, a
security plan must include the fol-
lowing elements:
(1)
Personnel security.
Measures to
confirm information provided by job
applicants hired for positions that in-
volve access to and handling of the haz-
ardous materials covered by the secu-
rity plan. Such confirmation system
must be consistent with applicable
Federal and State laws and require-
ments concerning employment prac-
tices and individual privacy.
(2)
Unauthorized access.
Measures to
address the assessed risk that unau-
thorized 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.
(3)
En route security.
Measures to ad-
dress the assessed security risks of
shipments of hazardous materials cov-
ered by the security plan en route from
origin to destination, including ship-
ments stored incidental to movement.
(b) The security plan must also in-
clude the following:
(1) Identification by job title of the
senior management official responsible
for overall development and implemen-
tation of the security plan;
(2) Security duties for each position
or department that is responsible for
implementing the plan or a portion of
the plan and the process of notifying
employees when specific elements of
the security plan must be imple-
mented; and
(3) A plan for training hazmat em-
ployees in accordance with § 172.704
(a)(4) and (a)(5) of this part.
(c) The security plan, including the
transportation security risk assess-
ment developed in accordance with
paragraph (a) of this section, must be
in writing and must be retained for as
long as it remains in effect. The secu-
rity plan must be reviewed at least an-
nually and revised and/or updated as
necessary to reflect changing cir-
cumstances. The most recent version of
the security plan, or portions thereof,
must be available to the employees
who are responsible for implementing
it, consistent with personnel security
clearance or background investigation
