U.S. Department of Transportation says farmers need a security plan
By Steve Fairchild
Filling out a simple form can lead to compliance.
Timothy McVeigh, with one heinous act, brought great scrutiny to how agricultural input materials are handled. And in light of the recent campaign of terror on the United States and its citizens, our regulatory agencies have stepped up the paper trail for hazardous material.
Security plans for hazardous material are a foregone regulatory necessity for agricultural retailers. But recent rules implemented by the U.S. Department of Transportation (DOT) push security plan requirements another increment, mandating that farmers who haul certain amounts of hazardous material have a security plan for their farm.
This age-of-terrorism clamp down encompasses fertilizers, pesticides and fuel, even if it is being hauled by farmers for on-farm use. These common farm-use items, if hauled in amounts more than 119 gallons in a single container or more than 1,000 pounds in multiple containers, require a security plan: propane, anhydrous ammonia, ammonium nitrate, and pesticides or herbicides that bear a DOT poison label.
If farmers take delivery of these materials on the farm (i.e., if the retailer delivers), they don't need a security plan. Nor does a farmer need a security plan to transport these materials field to field, nor for application or use in the field.
The security plan required by DOT is a simple document that basically states the signatory will, to the extent possible, ensure that if hired personnel handle the material they have references and employment history as well as favorable immigration status. Likewise, to the extent practical, the signatory will prevent unauthorized persons from gaining access to the load. The information that must be provided by the farmer is merely phone numbers for local law enforcement and emergency services. For an electronic version of the security plan template, visit http://hazmat.dot.gov/hmt_security.htm. The downloadable (in PDF) file is called Transportation Security Evaluation & Planning For Farmers, Ranchers, And Production Agricultural Operations.
There has been some confusion in the industry about the responsibilities of ag retailers in this process. Answering an inquiry from The Fertilizer Institute, Robert McGuire, associate administrator for hazardous materials safety at the DOT, wrote:
"The regulations do not require an agricultural retailer to verify that its customers have a security plan nor do the regulations require the retailer to collect or review customer security plans. However, the retailer's security plan should indicate the measures it has taken to address enroute security. For example, an agricultural retailer may want to suggest to his customers that they take certain precautions while transporting the hazardous materials from the retailer's facility to the customer's facility. Such precautions include: 1) to the extent practical, minimizing transit time by going directly from the retailer to the destination; 2) to the extent practical, preventing unauthorized persons from gaining access to the shipment by monitoring the shipment during stops, locking the shipment inside the transport vehicle, [and] securing the shipment to the transport vehicle...; 3) reporting suspicious incidents or events to local law enforcement officials and/or the FBI."
In effort to clarify the rules, the DOT offers several guide sheets on the regulations. Visit their Web site: http://hazmat.dot.gov/hmt_security.htm for more information (the guide sheets require Adobe Acrobat for viewing).
Bill Streeter, MFA senior vice president, agri services division, said that this is an issue in which MFA outlets will try to be proactive. While it is neither an endorsement of the regulation nor a refutation, managers will strive to let their customers know about the new rules and help them with resources to complete the security plan.
Consider it another branch of service. And count on the fact that MFA understands that helping producers negotiate regulations will be an increasingly valued service in the future.
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