• Entities who carry and transport certain (often large) quantities of particular hazardous materials must develop and adhere to a transportation security plan.
• Exemptions from the security plan requirements include most farmers and those offering for transport or transporting combustible liquids.
• Additional security plan requirements exist for rail transportation depending on the type and quantity of the materials being transported.

Entities must develop and adhere to a security plan for hazardous materials if they offer for transportation in commerce or transport in commerce one or more of the following:

1. Any quantity of a Division 1.1, 1.2, or 1.3 material;
2. A quantity of a Division 1.4, 1.5, or 1.6 material requiring placarding;
3. A large bulk quantity of Division 2.1 material;
4. A large bulk quantity of Division 2.2 material with a subsidiary hazard of 5.1;
5. Any quantity of a material poisonous by inhalation;
6. A large bulk quantity of a Class 3 material meeting the criteria for Packing Group I or II;
7. A quantity of desensitized explosives meeting the definition of a Division 4.1 or Class 3 material requiring placarding;
8. A large bulk quantity of a Division 4.2 material meeting the criteria for Packing Group I or II;
9. A quantity of a Division 4.3 material requiring placarding;
10. A large bulk quantity of a Division 5.1 material in Packing Groups I and II; perchlorates; or ammonium nitrate, ammonium nitrate fertilizers, or ammonium nitrate emulsions/suspensions/gels;
11. Any quantity of organic peroxide, Type B, liquid or solid, temperature controlled;
12. A large bulk quantity of Division 6.1 material;
13. A select agent or toxin regulated by the Centers for Disease Control and Prevention (CDC) under 42 CFR part 73 or the United States Department of Agriculture (USDA) under 9 CFR part 121;
14. A quantity of uranium hexafluoride requiring placarding;
15. International Atomic Energy Agency (IAEA) Code of Conduct Category 1 and 2 materials including highway route controlled quantities or known radionuclides in forms listed as RAM-QC by the Nuclear Regulatory Commission; or
16. A large bulk quantity of Class 8 material meeting the criteria for Packing Group I.

Exceptions for hazmat security plans

Most farmers are not subject to the security plan requirements. The 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 the security plan requirements if such activities are:

• Conducted by highway or rail;
• In direct support of farming operations; and
• Conducted within a 150-mile radius of those operations.

The security plan requirements also do not apply to combustible liquids that are not a hazardous substance, hazardous waste, or marine pollutant in non-bulk packaging, because these are not subject to the Hazardous Materials Regulations (HMR) in general.

In addition, the security plan requirements in Part 172, Subpart I are not listed as required compliance for combustible liquids in bulk packaging or combustible liquids that are also a hazardous substance, hazardous waste, or marine pollutant. (173.150[f])

Additional requirements for rail

Each rail carrier transporting one or more of the following materials is subject to additional safety and security planning requirements:

• A highway route-controlled quantity of a Class 7 (radioactive) material;
• More than 5,000 pounds (2,268 kg) in a single carload of Division 1.1, 1.2, or 1.3 explosives; or
• A quantity of a material poisonous by inhalation in a single bulk packaging.

The additional safety and security planning requirements include:

• Compiling commodity data from the previous year;
• Analyzing the safety and security risks for the transportation route;
• Identifying practicable alternative routes over which the carrier has authority to operate;
• Selecting the route to be used based on the analysis of the above two route requirements;
• Completing the above requirements no later than the end of the calendar year following the year to which the analyses apply.

Each rail carrier must ensure that its safety and security plan includes all of the following:

1. A procedure under which the rail carrier must consult with offerors and consignees to develop measures for minimizing the duration of any storage of the material incidental to movement.
2. Measures to prevent unauthorized access to the materials during storage or delays in transit.
3. Measures to mitigate risk to population centers associated with in-transit storage.
4. Measures to be taken in the event of an escalating threat level for materials stored in transit.
5. Procedures for notifying the consignee of a significant delay during transportation.

Each rail carrier must maintain the above information so it is accessible at or through the carrier’s principal place of business and retain this information for a minimum of two years.