Hubbard Construction Company — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and APR 13 2004 Administration Mr. Stephen J. Brown Ref. No. 03-0215 Assistant Director of Safety Jacksonville Division Hubbard Construction Company P.O. Box 60429 Jacksonville, FL 32236-0429 Dear Mr. Hubbard: security plan requirements under the Hazardous Materials This responds to your letter requesting clarification of the whether the security plan requirements of S 172.800 of the HMR Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask apply to a private carrier of hazardous materials. transports gasoline and diesel fuel in placarded vehicles used to Your company service a fleet of construction vehicles. understanding that the security plan requirements of the HMR It is your I apologize for the delay in responding and any inconvenience it may have caused. any "person" who offers for transportation in commerce or The answer to your question is yes. As of September 25, 2000, specified in § 172:800 (b) must develop and adhere to a security transports in commerce one or more or the materials or criteria individual, firm, co-partnership, corporation, company, plan for hazardous materials. A person is defined as an receiver, assignee, or similar representative) that transports association, or joint-stock association (including any trustee, hazardous material for transportation in commerce. to further a commercial enterprise or offers a This includes private carriers. http://hazmat.dot.gov and review the information and guidance We welcome you to visit our website provided under the security link. be of further assistance. I trust this satisfies your inquiry. Please contact us if we can Sincerely, Hothe z michell Hattie I. Mitchell Chief, Office of Hazardous Materials Standards Regulatory Review and Reinvention 172,800 030215#

Page 209/05/03 10:27 904 786 1020 → 12023663012 NO.087 F01 H Stevens Hubbard Construction Company $172.800 Security Plans 03-0215 FAX September 5, 2003 Mr. Edward Mazzulio, Director Office of Hazardous Materials Standards 400 7" Street SW U.S. DOT / RSPA (DHM-10] Washington, DC 20590-0001 FAX: 202-366-3012 Reference: HM-232 Hazardous Material Security Regulations Dear Mr. Mazzullo: Hubbard Construction is a construction firm engaged in highway and underground construction in Florida. To support our operations, we have a fleet of fuel and lube trucks that carry fuel to the field to service our equipment. We do not service or provide fuel to any other company. Our fuel trucks are placarded vehicles, carrying up to 1,450 gallons of diesel fuel and/or 800 gallons of gasoline. In review of the new Part 172 regulations regarding a security plan, we note that person who offers for transportation in commerce or transports in commerce one section 172.800 (b), Applicability, states that the written plan is required for "each or more..." we are requesting an interpretation of this section. It appears to require compliance with the regulations only if one of the seven categories of hazardous materials are carried for hire or are released to a for-hire carrier. Your assistance in determining our need to comply with this standard is appreciated. Stephen J. Brown Assistant Director of Safety Jacksonville Division P.O. Box 60429 • Jacksorville, FL 32236-0429 • (904) 695-0220 • FAX (904) 695-0433 •Established in 1920#