Title 49 CFR Part 172

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e-CFR Data is current as of January 8,2010

TITLE 49--Transportation
Subtitle B--OTHER REGULATIONS RELATING TO TRANSPORTATION

CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY
ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
SUBCHAPTER C--HAZARDOUS MATERIALS REGULATIONS

PART 172--HAZARDOUS MATEKIALS TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY
KESPOaSE
INFORMA'TION, TRAINING REQUIREMENTS, AND
-SECUIXTTY PLANS

$1 72.1

Purpose and scope.

5 172.3

Applicability.

Subpm &--TABLE OF-H_AZARDOL-S MATERIALS AND SPECIAL PROVISIONS
u 7 2 . !!?!

Purpose and use o f hazardous materials table.

9 172.102

Special provisions.

Subpart C--SHIPPING PAPERS

§ 172.200

Applicability.

$172.20 1

Preparation and retention of shipping papers.

5 172.202

Ilescription of hazardous material on shipping papers.

$1 72.203

Additional descriptiori requirements.

§ 172.204

Shipper's certification.

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172 mai ... 1112/2010

Electronic Code of Federal Regulations:

$172.205

Hazardous waste manifest.

$172.300

Applicability.

$172.301

General marking requirements for non-bulk
packagings.

$1 72.302

General marking requirements for bulk packagings.

$ 172.303

Prohibited marking.

$172.304

Marking requirements.

$172.306

[Reserved]

8172 3_1)8

Authorized abbreviations.

5172.310

Class 7 (radioactive) materials.

&L72,312_

Liquid hazardous materials in non-bulk packagings.

$172.313

Poisonous hazardous materials.

$172.315

Packages containing limited quantities.

L172.316

Packagings containing materials classed as ORM-D.

$172.317

KEEP AWAY FROM HEAT handling mark.

9172.320

Explosive hazardous materials.

$ 1 72.322

Marine pollutants.

$ 172.323

Infectious substances.

$1 72.324

Hazardous substances in non-bulk packagings.

$ 172.325

Elevated temperature materials.

U72,3?6

Portable tanks.

$1 72.328

Cargo tanks.

$ 172.330

Tank cars and multi-unit tank car tanks.

$17231

Bulk packagings other than portable tanks, cargo
tanks, tank cars and multi-unit tank car tanks.

gl72.3.3

Identification number markings.

5 172.334

Identification numbers; prohibited display.

$1 72.33.6

Identification numbers; special provisions.

$1 72.338

Replacement of identification numbers.

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Subpart E--LA BEIJNG

General labeling requirements.
Exceptions from labeling.
Prohibited labeling.
Additional labeling requirements.
Class 7 (radioactive) material.
Labels for mixed and consolidated packaging.
Authorized label modifications.
Placement of labels.
Label specifications.
EXPLOSIVE 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 labels, and
EXPLOSIVE Subsidiary label.
NON-FLAMMABLE GAS label.
POISON GAS label.
FLAMMABLE GAS label.
FLAMMABLE LIQUID label.
FLAMMABLE SOLID label.
SPONTANEOUSLY COMBUSTIBLE label.
DANGEROUS WHEN WET label.
OXIDIZER label.
ORGANIC PEROXIDE label.
POISON INHALATION HAZARD label.
POISON label.
[Reserved]
INFECTIOUS SUBSTANCE label.
RADIOACTIVE WHITE-I label.
RADIOACTIVE YELLOW-I1 label.
RADIOACTIVE YELLOW-111 label.
FISSILE label.
CORROSIVE label.
[Reserved]

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Electronic Code of Federal Regulations:

tj 172.446

CLASS 9 label.

tj 1 72.448

CARGO AIRCRAFT ONLY label.

$172.450

EMPTY label.

Subpart F--PLACARDING

a72.500

Applicability of placarding requirements.

$172.502

Prohibited and permissive placarding.

$ 172.503

Identification number display on placards.

tj 172.504

General placarding requirements.

$ 172.505

Placarding for subsidiary hazards.

u72.506

Providing and affixing placards: Highway

$ 172.507

Special placarding provisions: Highway.

$1_72.5.08

Placarding and affixing placards: Rail.

$172.510

Special placarding provisions: Rail.

$172.512

Freight containers and aircraft unit load devices.

lj172.5 14

Bulk packagings.

$172.516

Visibility and display of placards.

U72,519

General specifications for placards.

tj 172.521

DANGEROUS placard.

9 1 72.522

EXPLOSIVES I . 1, EXPLOSIVES 1.2 and
EXPLOSIVES 1.3 placards.

$1 72.523

EXPLOSIVES 1.4 placard.

g72.524

EXPLOSIVES 1.5 placard.

tj 172.525

EXPLOSIVES 1.6 placard.

tj 172.526

[Reserved]

$ 172.527

Background requirements for certain placards.

$ 172.528

NON-FLAMMABLE GAS placard.

g-722m

OXYGEN placard.

$ 172.532

FLAMMABLE GAS placard.

$172.536

[Reserved]

$ 172.540

POISON GAS placard.

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FLAMMABLE placard.
COMBUSTIBLE placard.
FLAMMABLE SOLID placard.
SPONTANEOUSLY COMBUSTIBLE placard.
DANGEROUS WHEN WET placard.
OXIDIZER placard.
ORGANIC PEROXIDE placard.
[Reserved]
POISON placard.
POISON INHALATION HAZARD placard.
RADIOACTIVE placard.
CORROSIVE placard.
CLASS 9 placard.

Subpart G--E-M-ERGENCY RESPONSE IlVFORMATlON

Ijl'J2.600

Applicability and general requirements.

$ 172.602

Emergency response information.

9172.604

Emergency response telephone number.

$ 172.606

Carrier information contact.

Subpart H--TRAINING

§ 172.700

Purpose and scope.

$ 172.70 1

Federal-State relationship.
Applicability and responsibility for training and
testing.

5 172.704

Training requirements.

Subpart I--SAFETY AND SECURITY PLANS

$172.800

Purpose and applicability.

$ 172.802

Components of a security plan.

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$172.804

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Relationship to other Federal requirements.
Additional planning requirements for transportation
by rail.

€172.822
j

Limitation on actions by states, local governments,
and Indian tribes.

Appendix

Appendix A to Part 172 --Office of Hazardous
Materials Transportation Color Tolerance Charts and
Tables

Appendix

Appendix B to Part 172 --Trefoil Symbol

Appendix

Appendix C to Part 172 --Dimensional Specifications
for Recommended Placard Holder

Appendix

Appendix D to Part 172 --Rail Risk Analysis Factors

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Section 508 1 Accessib~lity

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Title 49: Trans~ortation
PART 172-HAZA~DOUS MATERIALS TABLE. SPECIAL PROVISIONS, HAZARDOUS MATERIALS
COMMUNICATIONS. EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND
SECURITY PLANS
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3 Subpart I-Safety and Security Plans
Source: 68 FR 14521, Mar. 25, 2003, unless otherwise noted.

5 172.800

Purpose and applicability.

(a) Purpose. This subpart prescribes requirements for development and implementation of plans to address
security risks related to the transportation of hazardous materials in commerce.
(b) Applicability. By September 25, 2003, each person who offers for transportation in commerce or
transports in commerce one or more of the following hazardous materials must develop and adhere to a
security plan for hazardous materials that conforms to the requirements of this subpart:
(1) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in 5173.403 of this
subchapter, in a motor vehicle, rail car, or freight container;
(2) More than 25 kg (55 pounds) of a Division 1. I , 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, as defined in 5171.8 of this
subchapter, that meets the criteria for Hazard Zone A, as specified in §§173.116(a) or 173.133(a) of this
subchapter;
(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 for that class
under the provisions of subpart F of this part;
(6) A select agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CFR part
73 or, by April 1, 2007, a select agent or toxin regulated by the United States Department of Agriculture
under 9 CFR part 121; or
(7) A quantity of hazardous material that requires placarding under the provisions of subpart F of this part.
(c) Exceptions. Transportation activities of a farmer, who generates less than $500,000 annually in gross
receipts from the sale of agricultural commodities 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 radius of those operations.
[68 FR 14521, Mar. 25, 2003, as amended at 70 FR 73164, Dec. 9,2005; 71 FR 32258, June 2,20061

3 172.802

Components of a security plan.

(a) The security plan must include an assessment of possible transportation security risks for shipments of
the hazardous materials listed in 5172.800 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 following elements:
(1) Personnel security. Measures to confirm information provided by job applicants hired for positions that
involve access to and handling of the hazardous materials covered by the security plan. Such confirmation
system must be consistent with applicable Federal and State laws and requirements concerning
employment practices and individual privacy.
(2) Unauthorized access. Measures to address the assessed risk that unauthorized 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 address the assessed security risks of shipments of hazardous materials
covered by the security plan en route from origin to destination, including shipments stored incidental to
movement.
(b) The security plan must be in writing and must be retained for as long as it remains in effect. Copies 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 restrictions and a demonstrated
need to know. The security plan must be revised and updated as necessary to reflect changing
circumstances. When the security plan is updated or revised, all copies of the plan must be maintained as of
the date of the most recent revision.

3 172.804

Relationship to other Federal requirements.

To avoid unnecessary duplication of security requirements, security plans that conform to regulations,
standards, protocols, or guidelines issued by other Federal agencies, international organizations, or industry
organizations may be used to satisfy the requirements in this subpart, provided such security plans address
the requirements specified in this subpart.

Greene, Sherina
Belkin, Paul
Tuesday, January 12,2010 1:17 PM
Greene, Sherina; Johnson, Lawann
Moglia, Dena
RE: DOT Regulations for TSP Data Collection Tools

From:
Sent:
To:
Cc:
Subject:

Per our discussion below is the Regulations for the TSP data collection for the security plan and security assessment
o

49 CFR 172.800 (b) states: "Applicability. By September 25,2003, each person who offers for

transportation in commerce or transports in commerce one or more of the following hazardous materials
must develop and adhere to a security plan for hazardous materials that conforms t o the requirements
of this subpart9 172.802 Components of a security plan. (a) The security plan must include an
assessment of possible transportation security risks for shipments of the hazardous materials listed in 5
172.800 and appropriate measures t o address the assessed risks. Specific measures put into place by the
plan may vary commensurate with the level of threat a t a particular time. At a minimum, a security plan
must include the following elements (1) Personnel security. Measures t o confirm information provided
by job applicants hired for positions that involve access t o and handling of the hazardous materials
covered by the security plan. Such confirmation system must be consistent with applicable Federal and
State laws and requirements concerning employment practices and individual privacy. (2) Unauthorized
access. Measures t o address the assessed risk that unauthorized persons may gain access t o 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 address the assessed security risks of shipments of hazardous materials covered by the security plan
en route from origin t o destination, including shipments stored incidental to movement. (b) The security
plan must be in writing and must be retained for as long as it remains in effect. Copies of the security
plan, or portions thereof, must be available to the employees who are responsiblefor implementing it,
consistent with personnel security clearance or background investigation restrictions and a
demonstrated need to know. The security plan must be revised and updated as necessary to reflect
changing circumstances. When the security plan is updated or revised, all copies of the plan must be
maintained as of the date of the most recent revision."

Paul Belkin
Program Analyst
FEMAJDHS
(0) 202-786-977 1
(rn)202-351-1530
[email protected]

From: Moglia, Dena
Sent: Monday, January 11, 2010 6:01 PM
To: Belkin, Paul
Subject: Fw: DOT Regulations for TSP Data Collection Tools
See below. Do u recall whether we collected this when we pulled together the TSP statutory authorities last year? I think
we may have this in our files already.
Sent using BlackBerry

From: Greene, Sherina
To: Moglia, Dena

Sent: Mon Jan 11 16:53:37 2010
Subject: DOT Regulations for TSP Data Collection Tools
Hi Dena,
Can you please send me the DOT regulations that pertain t o TSP's Security Assessment and Security Plan? The DOT OM6
Control# is 2137-0612? Once I receive these documents I will be ready to enter this package into the system (ROCIS).
Thanks for your help.
Sherina M. Greene
Management Analyst
Collections and Research Branch
Federal Emergency Management Agency
Department of Homeland Security
MD-00-RM
500 C Street, SW
Washington, DC 20472
Mail Drop Room 3005
1800 South Bell Street
Arlington, VA 22202

"FEMA's mission is to support our citizens and first responders to ensure that as a nation
we work together to build, sustain, and improve our capability to prepare for, protect
against, respond to, recover from, and mitigate a,ll hazards.
#
,