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PHMSA Final Rule on HazMat Security Regulation Changes

[Docket No. PHMSA–06–25885 (HM–232F)]

The Department of Transportation/Pipeline Hazardous Materials Safety Administration (PHMSA) issued a Final Rule on 49 CFR Part 172 Hazardous Materials: Risk-Based Adjustment of Transportation Security Plan Requirements. PHMSA, in consultation with the Transportation Security Administration (TSA), is modifying current security plan requirements applicable to the commercial transportation of hazardous materials by air, rail, vessel, and highway. The final rule narrows the list of materials subject to security plan requirements and also clarifies certain requirements related to training and documentation. Security Plans must include:

  • Site-specific risks and vulnerabilities
  • Identify, by job title, the senior management official responsible for the overall development and implementation of the plan
  • Security duties for each position or department that is responsible for the plan’s implementation
  • Employees must be aware of their individual security responsibilities and receive initial training every 3 years.

The TSA has broad responsibilities and authority for security in all mode of transportation, including the area of pipeline and hazardous materials transportation industries. Facilities must permit inspection of any security related document (facility security plans, security training records, etc.) by a TSA or other Dept. of Homeland Security official, at any time and in a reasonable manner, without advance notice.

The Final Rule requires that transportation security risk assessments be conducted, an assessment report written, and it must be included in the transportation security plan. The Transportation Security Plan must be reviewed annually and updated if circumstances change; and must be accessible at all times. The Plan may be stored electronically (CD or company internet).

This Final Rule is effective October 1, 2010. Voluntary compliance with all the amendments in this final rule is authorized as of April 8, 2010.

For a copy of the Final rule, contact Jessica Roger.