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49 CFR Ch. I (10–1–18 Edition) 

§ 172.802 

(15) International Atomic Energy 

Agency (IAEA) Code of Conduct Cat-
egory 1 and 2 materials including High-
way Route Controlled quantities as de-
fined in 49 CFR 173.403 or known radio-
nuclides in forms listed as RAM–QC by 
the Nuclear Regulatory Commission; 

(16) A large bulk quantity of Class 8 

material meeting the criteria for Pack-
ing Group I. 

(c) 

Exceptions. 

Transportation activi-

ties of a farmer, who generates less 
than $500,000 annually in gross receipts 
from the sale of agricultural commod-
ities 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 ra-

dius of those operations. 

[68 FR 14521, Mar. 25, 2003, as amended at 70 
FR 73164, Dec. 9, 2005; 71 FR 32258, June 2, 
2006; 75 FR 10988, Mar. 9, 2010; 75 FR 53597, 
Sept. 1, 2010; 76 FR 56314, Sept. 13, 2011] 

§ 172.802

Components of a security 

plan. 

(a) The security plan must include an 

assessment of transportation security 
risks for shipments of the hazardous 
materials listed in § 172.800, including 
site-specific or location-specific risks 
associated with facilities at which the 
hazardous materials listed in § 172.800 
are prepared for transportation, stored, 
or unloaded incidental to movement, 
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 fol-
lowing elements: 

(1) 

Personnel security. 

Measures to 

confirm information provided by job 
applicants hired for positions that in-
volve access to and handling of the haz-
ardous materials covered by the secu-
rity plan. Such confirmation system 
must be consistent with applicable 
Federal and State laws and require-
ments concerning employment prac-
tices and individual privacy. 

(2) 

Unauthorized access. 

Measures to 

address the assessed risk that unau-
thorized 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 ad-

dress the assessed security risks of 
shipments of hazardous materials cov-
ered by the security plan en route from 
origin to destination, including ship-
ments stored incidental to movement. 

(b) The security plan must also in-

clude the following: 

(1) Identification by job title of the 

senior management official responsible 
for overall development and implemen-
tation of the security plan; 

(2) Security duties for each position 

or department that is responsible for 
implementing the plan or a portion of 
the plan and the process of notifying 
employees when specific elements of 
the security plan must be imple-
mented; and 

(3) A plan for training hazmat em-

ployees in accordance with § 172.704 
(a)(4) and (a)(5) of this part. 

(c) The security plan, including the 

transportation security risk assess-
ment developed in accordance with 
paragraph (a) of this section, must be 
in writing and must be retained for as 
long as it remains in effect. The secu-
rity plan must be reviewed at least an-
nually and revised and/or updated as 
necessary to reflect changing cir-
cumstances. The most recent version 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. When the security plan is up-
dated or revised, all employees respon-
sible for implementing it must be noti-
fied and all copies of the plan must be 
maintained as of the date of the most 
recent revision. 

(d) Each person required to develop 

and implement a security plan in ac-
cordance with this subpart must main-
tain a copy of the security plan (or an 
electronic file thereof) that is acces-
sible at, or through, its principal place 
of business and must make the security 
plan available upon request, at a rea-
sonable time and location, to an au-
thorized official of the Department of 

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