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The HMR requires companies that ship or carry hazmat in certain bulk formats or in quantities that require placarding develop and implement hazmat security plans. Hazmat security plans must include an assessment of the possible transportation security risks for the subject shipments and the appropriate measures to address the assessed risks. 49 CFR §172.802(a). Hazmat security plans must have the following three elements: (1) Personnel Security; (2) Unauthorized Access; and (3) En Route Security. Id.

Personnel Security

The hazmat security plan must include measures to confirm the accuracy of the information supplied by job applicants for positions that involve access and handling of the materials subject to the plan. 49 CFR §172.802(a)(1). The measures must be consistent with state and federal requirements regarding employment practices and privacy. Id.

Unauthorized Access

The hazmat security plan must include measures to address the assessed risk that unauthorized persons may gain access to either the hazardous materials subject to the security plan or related transport conveyances. 49 CFR §172.802(a)(2). Satisfaction of this element will require careful evaluation of the nature of relevant facilities and the type of activity taking place at those facilities. Id.

En Route Security

Security plans must also include measures to address the assessed security risks associated with en route transportation -- from origin to destination, including shipments stored incidental to movement. 49 CFR §172.802(a)(1). Although carriers are expected to have more detailed en route security plans than shippers, DOT sees shippers as playing a critical role in en route security due to the fact that shippers have more information about the nature of the material offered for shipment and that the shipper exercises some control over carrier selection. 68 Fed. Reg. 14510, at 14517 (Mar. 25, 2003) DOT expects shippers, as part of their own security protocol, to have a comfort level that the selected carrier has a security plan that can accommodate the hazardous material being offered for shipment. Id.