The DOT Research and Special Programs Administration (RSPA) issued a final rule today on HM-232 "Hazardous Materials: Security Requirements for Offerors and Transporters of Hazardous Materials". The rule basically applies to any site that ships out placarded loads. We should discuss during our next meeting.

Attached is a copy of the rule.

In summary,

Motor Carriers having to maintain a copy of their US DOT Hazmat Certificate was NOT adopted.

Having the complete actual street address of the consignor and consignee and U.S. DOT Registration number on shipping papers was NOT adopted. Regarding the address requirement, a modified procedure may be proposed in future rulemaking.

Having a written security plan is required by 9/25/2003 (6-months after rule effect date). This plan:

Is performance based to permit companies to implement a security plan that is tailored to its specific circumstances and operations (perform an assessment of the transportation security risks associated with the materials they handle).

Must include personnel security to confirm information provided by job applicants.

Must include unauthorized access security measures.

Must include en route security measures (including at a minimum a shipper satisfying itself that the carrier used has a security plan in place that adequately addresses the assessed security risks of the material transported and stored during transportation).

Provide in-depth security training on the plan and its implementation to each affected HAZMAT employee is required by 12/22/2003 (3-months after written plan required).

But testing and documentation of security awareness training not required until the HAZMAT employees 3 year recurrent training due date (i.e. after 3/25/2003 but no later than 3/24/2006).

RSPA is coming out with a HAZMAT Transportation Security Awareness Training Module to assist employers meet the security awareness training requirement.

The rule preamble also states this is a first step in what may be a series of rulemakings to address the security of hazardous material shipments.

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Industry groups are worried that TSA requirements could be inconsistent with DOT safety rules they are already required to follow, but TSA officials say they want to work closely with DOT and industry to avoid any overlaps.

The agreements will likely specify that TSA will work on hazardous materials transportation regulations to the extent that they pertain to security. "If it's safety, it stays with the modal administrators; if it's security, it'll go with TSA to DHS," a TSA source says.

While the exact language of the agreements has not been released, one source with the DOT Bureau of Transportation Statistics says that the memorandum with that office has been written in very general terms asking TSA to consult with DOT on issues relevant to both entities.

"If we are proposing things that we feel would have an impact on transportation security, we [would] coordinate with TSA, and TSA would do the same thing," the source says.

TSA has devoted most of its efforts to airline security since its inception, and industry officials say they have always been uncertain what role the office will play on ground transportation issues. For over a year, TSA officials have been meeting with truckers, railroads and other industry groups in the hope of eventually developing new security regulations, which industry groups hope will provide maximum flexibility without dictating exactly how they should ramp up their security plans.

In the meantime, RSPA is soon expected to finalize a rulemaking that will require transporters to develop security plans and take other precautions.

The TSA source indicates that such rules may be handled by TSA in the future, but that both departments will work closely together and with industry.

Industry sources have been nervous about the impact that TSA would have on the existing system for regulating hazardous materials transportation, since DOT already issues safety regulations under the Hazardous Materials

"There definitely is some overlap, but it's also a resource issue," the source says.

Some industry officials are also concerned about whether TSA could preempt states and localities from issuing their own security regulations. DOT has this preemption authority under the statute, which industry groups argue is crucial to avoid conflicting regulations across the country. The TSA source says that staff understand that they would have this preemption authority, but the TSA general counsel's office could not be reached for confirmation.

Date: March 3, 2003

© Inside Washington Publishers

Nikki Naylor

Manager, Strategy & On-Line Communications

American Chemistry Council