By Chris Paul
The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule on 49 CFR Part 172, Hazardous Materials: Risk-Based Adjustment of Transportation Security Plan Requirements. The rule is effective October 1, 2010.
The rule, done after consultation with the Transportation Security Administration (TSA), changes existing security plan requirements applicable to commercial transportation of hazardous materials by air, rail, sea, and highway. The rule both reduces the list of materials subject to security plan requirements, and clarifies specific requirements related to training and documentation. Security plans must include:
- identification of site-specific risks and vulnerabilities
- identification by job title of the senior management official responsible for the overall development and implementation of the plan
- identification of security duties for each position or department that is responsible for the plan’s implementation
- demonstration that employees are aware of individual security responsibilities
- proof of training
The Final Rule requires that transportation security risk assessments be conducted, an assessment report written, and that the assessment report is included in the transportation security plan. The plan must be reviewed annually and updated as assets, operations, or other situations change; and it must be accessible at all times (electronic retention and access is allowed). Facilities must permit inspection of any security-related document (facility security plans, security training records, etc.) by a TSA or other Department of Homeland Security official, at any time and without advance notice.