Interpretation Response #03-0192 ([Connecticut Spring and Stamping] [Mr. Charles E. Thomas])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 08/12/2003

Company Name: Connecticut Spring and Stamping

Individual Name: Mr. Charles E. Thomas

Location State: CT Country: US

View the Interpretation Document

Response text:

Aug 12, 2003

Mr. Charles E. Thomas               Reference No. 03-0192

Vice President of Operations

Connecticut Spring and Stamping

48 Spring Lane

Farmington, CT 06032

Dear Mr. Thomas:

This is in response to your August 1,2003 letter requesting clarification of the requirements in § 172.802(a)(3) in the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the new security regulations apply to your shipments of tetrachlorethylene, classed as Division 6.1. You state that your company ships 55 gallons (600 lbs.) oftetrachlorethylene, UN1897 once a month.

The HMR, as amended by the HM-232 final rule, require persons who offer for transportation or persons who transport hazardous materials in the following amounts to develop and implement security plans:

(1) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined

in § 173.403 in a motor vehicle, rail car, or freight container;

(2) More than 25 kg (55 pounds) of a Division 1.1, 1.2) or 1.3 (explosive) material in

a motor vehicle, rail car, or freight container;

(3) More than one L (1.06 qt) per package of a material poisonous by inhalation, as defined in § 171.8 that meets the criteria for Hazard Zone A, as specified in §§ 173.1 16(a) or l73.133(a);

(4) A shipment of a quantity of hazardous materials in a bulk packaging having a

capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids;

(5) A shipment in other than a bulk packaging of 2,268 kg (5,000 pounds) gross weight or more of one class of hazardous materials for which placarding of a vehicle, rail car, or freight container is required for that class;

(6) A select agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CPR part 73; or

(7) A quantity of hazardous material that requires placarding.

Therefore, since you are not offering for transportation or transporting a hazardous material in amounts defined above, you are not required to develop and implement a security plan.

The HM-232 final rule also includes new security training requirements. Section 172.704(a)(4) requires hazmat employees, defined in § 171.8 of the HMR, to receive security awareness training. Therefore, your hazmat employees must receive training that provides an awareness of the security issues associated with hazardous material transportation and possible methods to enhance transportation security. Finally, because you are not required to develop and implement a security plan, in-depth security training in accordance with § 172.704(a)(5) is not required.

I hope this satisfies your request.

Sincerely,

Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards

Regulation Sections