172.800—Purpose and applicability.
(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.
(2)
A quantity of a Division 1.4, 1.5, or 1.6 material requiring placarding in accordance with subpart F of this part;
(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;
(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 United States Department of Agriculture under 9 CFR part 121 ;
(15)
International Atomic Energy Agency (IAEA) Code of Conduct Category 1 and 2 materials including Highway Route Controlled quantities as defined in 49 CFR 173.403 or known as radionuclides in forms listed as RAM-QC by the Nuclear Regulatory Commission;
(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:
[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]