Press Release Summary:
The NACD filed comments with the PHMSA on a notice of proposed rulemaking to narrow the list of materials subject to security plan requirements under DOT HM-232 regulations. Narrowing this list "to those that have the most serious potential to be effectively used in a terrorist attack will focus limited resources on the areas of greatest concern," said Jennifer Gibson. The comments also urged PHMSA and TSA to develop identical lists and to have risk assessment on specific routes.
Original Press Release:
NACD Files Comments on Proposal to Narrow List of Hazardous Materials Subject to Security Plan Requirements
The National Association of Chemical Distributors (NACD) on Monday filed comments with the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the U.S. Department of Transportation (DOT) on a notice of proposed rulemaking (NPRM) to narrow the list of materials subject to security plan requirements under the DOT HM-232 regulations.
In the comments, NACD commended PHMSA on the effort as outlined in the NPRM to make the federal hazardous materials transportation security requirements more risk-based than they are under the current regulations. "Narrowing the list of materials subject to DOT security plan requirements to those that have the most serious potential to be effectively used in a terrorist attack will focus limited resources on the areas of greatest concern," wrote NACD Vice President of Government Affairs Jennifer Gibson.
The comments also urged PHMSA to work with the Transportation Security Administration (TSA) to adopt identical lists of security sensitive hazardous materials (SSHM) that would be subject to the enhanced requirements. TSA issued a slightly different list of SSHM several months ago. Gibson wrote, "As TSA coordinates with PHMSA on transportation security regulations and takes on an increasing role in the enforcement of these measures, it is important for both agencies to work from the same list. The transportation security risks do not change based on the agency administering and enforcing the regulations, so there is no reason to have different lists, even if these differences are not extensive. The use of more than one SSHM list could lead to confusion and misinterpretation for both regulators and industry."
NACD's comments raised concerns about a requirement in the NPRM for covered entities to conduct security assessments of specific risks that exist on specific routes, arguing that this would not be feasible for the vast majority of chemical distributors who have tremendous variations in their shipment destinations. The comments note that the requirement to have site specific and general en-route risk assessments is reasonable.
Finally, NACD urges DOT to recognize measures that facilities have taken under other regulations such as the Chemical Facility Anti-Terrorism Standards and the Maritime Transportation Security Act regulations in meeting their HM-232 security plan requirements in order to prevent duplication of effort wherever possible.
NACD was the first chemical trade association to approve new security measures, as part of its management program, the Responsible Distribution ProcessSM(RDP), and has developed a security vulnerability assessment that specifically addresses security issues relevant to chemical distribution facilities. NACD members have invested millions of dollars and substantial resources to safeguard their facilities and the transportation of their products.
To view the full comments, go to www.nacd.com/advocacy/comments.aspx.
NACD and its nearly 250 members have established themselves as leaders in health, safety, security, and environmental performance through implementation of the Responsible Distribution Process (RDP), established in 1991 as a condition of membership in NACD. Incorporated as a condition of membership in January 1999, NACD members undergo third-party on-site RDPV - RDP Verification. For additional information, visit NACD's Web site - www.nacd.com.