Connecticut Spring and Stamping — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Research and AUG 12 2003 100 Seventh St., S. Vashington, D.C. 2059 Sprint traitormse Mr. Charles E. Thomas Connecticut Spring and Stamping Vice President of Operations Ref. No: 03-0192 Farmington, CT 06032 48 Spring Lane 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 Ibs.) of tetrachlorethylene, UN1897 once a month. The HMIR, as amended by the HM-232 final rule, require persons who offer for transportation or security plans: persons who transport hazardous materials in the following amounts to develop and implement (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 §§ 173.116(a) or 173.133(a); (4) A shipment of a quantity of hazardous materials in a bulk packaging having apacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases o 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 CFR part 73; or (7) A quantity of hazardous material that requires placarding. 030192 172.800#

Page 2Therefore, 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 a security plan, in-depth security training in accordance with § 172.704(a)(5) is not required. I hope this satisfies your request. Sincerely, Matte z, mittell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Security Plans and Training. setts 5172.800 Page 1 of 1 INFOCNTR Security Plans From: Chuck Thomas Sent: Friday, August 01, 2003 3:27 PM 83-0142 To: INFOCNTR Subject: Security Plans and Training. month. Susan Gorsky We are a SQG that ships 55 gallons [600 lbs.] of tetrachlorethylene waste UNC 1897 class 6.1-3 once a in wing by eat under these conditions we are not required to have a Security plan or training. Please confirm joe coperl home connaciu spring and stamping 48 spring Lano, aminglon 0. 0032 Thank you Kor Charles E. Thomas Vice President of Operations 860.677.7199 Fax 860.677.1341 Ext. 333 .s :l0p1 Vo. di 8/1/03#