§ 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. ( 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]