C.F.R. » Title 49 » CHAPTER I—PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER C—HAZARDOUS MATERIALS REGULATIONS › PART 172—HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS › Subpart I—Safety and Security Plans

49 C.F.R. § 172.800

Purpose and applicability

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(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. 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 transportation security plan for hazardous materials that conforms to the requirements of this subpart. As used in this section, “large bulk quantity” refers to a quantity greater than 3,000 kg (6,614 pounds) for solids or 3,000 liters (792 gallons) for liquids and gases in a single packaging such as a cargo tank motor vehicle, portable tank, tank car, or other bulk container.

(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 in accordance with subpart F of this part.

(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, as defined in § 171.8 of this subchapter.

(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 Division 4.1 or Class 3 material requiring placarding in accordance with subpart F of this part.

(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 in accordance with subpart F of this part.

(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, or gels.

(11) Any quantity of organic peroxide, Type B, liquid or solid, temperature controlled.

(12) A large bulk quantity of Division 6.1 material (for a material poisonous by inhalation see paragraph (5) above).

(13) A select agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CFR part 73 or the U.S. Department of Agriculture under 9 CFR part 121.

(14) A quantity of uranium hexafluoride requiring placarding under § 172.505(b).

(15) International Atomic Energy Agency Code of Conduct (IBR, see § 171.7) Category 1 and 2 materials, Nuclear Regulatory Commission, Category 1 and Category 2 radioactive materials as listed in Table 1, appendix A to 10 CFR part 37, and Highway Route Controlled quantities as defined in 49 CFR 173.403.

(16) A large bulk quantity of Class 8 material meeting the criteria for Packing Group I.

(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, 2006; 75 FR 10988, Mar. 9, 2010; 75 FR 53597, Sept. 1, 2010; 76 FR 56314, Sept. 13, 2011; 85 FR 27878, May 11, 2020; 85 FR 83381, Dec. 21, 2020]
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2005–2022 · leading case: CSX Trans, Inc. v. Williams, Anthony A., 406 F.3d 667 (D.C. Cir. 2005).
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CSX Trans, Inc. v. Williams, Anthony A., 406 F.3d 667 (D.C. Cir. 2005). “the discretion that the regulation expressly confers on CSXT to develop its own individualized security plan under 49 C.F.R. § 172.800 , including “[m]easures to address the assessed security risks of shipments of hazardous materials covered by the security plan en route from…”
Multistar Indus., Inc. v. U.S. Dep't of Transp., 707 F.3d 1045 (9th Cir. 2013). “The agency found violations of 49 C.F.R. § 172.800 (b) (offering or transporting hazardous materials without a security plan), identified as Violation 3 in the compliance report; 49 C.”
Rogers v. BNSF Ry. Co. (N.D. Ill. 2022). · cites it 2× “205 (i) (requiring rail hazardous material shippers to "use physical security measures to ensure that no unauthorized individual gains access to the rail secure area"); 49 C.F.R. § 172.800 (b) (requiring entities that transport hazardous materials to "develop and adhere to a…”
Fluery v. Union Pac. R.R. Co. (N.D. Ill. 2021). “Other DHS regulations require entities shipping certain hazardous materials to develop and follow a “transportation security plan” that fulfills certain requirements, 49 C.F.R. § 172.800 (b), but the regulations also allow entities to fulfill this obligation by following other…”
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