ShipMate, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Special Programs Research and NOV - 4 2003 Washington, D.C. 20590 Administration Mr. Steven Charles Hunt 18436 Hawthorne Blvd. ShipMate, Inc. Ref. No. 03-0224 Suite 201 Torrance, CA 90504 Dear Mr. Hunt: This responds to your April 29, 2003 letter concerning hazardous materials transportation security requirements adopted under a final rule published March 25, 2003. Specifically, you ask whether the security plan requirements established in the final rule apply to shipments of Class 9 materials (e.g., Air Bag Module, 9, UN3268, III) when offered for transportation by vessel. It is your understanding that a freight container carrying a hazardous material such as an air bag module, described as an "Air Bag Module, 9, UN3268, III," must be placarded when offered for transportation by vessel even when the freight container carries only one 10-pound fiberboard box. Your understanding is incorrect. Section 172.514(a) requires a bulk packaging containing a hazardous material to be placarded as specified in §§ 172.504 and 172.505. Section 172.504(f)(9) excepts domestic shipments of Class 9 materials from the placarding requirements. Thus, a placard is not required for domestic shipments of Class 9 materials; however, international shipments of Class 9 materials may need to be placarded in accordance with international regulations. If a CLASS 9 placard is not required for the domestic portion of transportation, the security plan requirements in Subpart I do not apply to such shipments, even if a CLASS 9 placard is required for the international portion of transportation. Note, however, that a person who offers or transports a Class 9 material 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 must develop and implement a security plan, irrespective of placarding requirements (see § 172.800(b)(4)). The HM-232 final rule also includes new security training requirements. Section 172.704(a)(4) requires all hazmat employees, defined in § 171.8 of the HMR, to receive security awareness raining. Thus, even though your Class 9 shipments may not be subject to security plan equirements, your hazmat employees must receive security awareness training. We have developer a computer-based security awareness CD-ROM that can be used to satisfy the security awareness training requirements in § 172.704(a)(4). The training CD-ROM is available to the public at no charge; it can be downloaded from our website (http://hazmat.dot.gov/hmt_security.htm) or ordered from our Training and Initiatives Office at 202-366-4900. 172,704, 030224 172.800#

Page 2office. I hope this information is helpful. If you have further questions, please do not hesitate to contact this Sincerely, usan trol Susan Gorsky, Regulations Officer Office of Hazardous Materials Standards#

Page 3, SEP 09'03 17:13 FR TMS LEGAL 310 468 7808 TO 912023663012 P.02/03 • ShipMate, Inc. 18436 Huwliome Bivel, Suite: 201 ShipMate® Turrarice, CA 90504 Durera Griet Phone: 310-370-3600 Fux. 310-370-5700 Г-mail: shipmate@shipmate.com April 29. 2003 Betts Mr. Laward I: Mazzullo §172.800 Chief, Standards Branch (DI IM-10)) Research and Special Programs Administration 400 Seventh Stroct Sw U.S. Department of Transportation Security Plans Washington, DC 20590-0001 03-0224 sub|: Request for Clarification, U.S. DOT Final Rulericking HM-232 Dear Mr. Mazzullo: This request for Interpretation is being submitted by Steven Charles I lunt, ShipMate, Inc... on behalf of the members of the North American Automotive HazMal Acliun Committee (NAAHAC), herein collectively referred to as the "Potitioner." Register, Vol. 68, No. 57, on March 25, 200S, requires thal a Hazardous Materials Security U.S. Department of Transportation final rulemaking. HM-232, published in the lederal materials employees when a person who offers for transportation or transports In Plan be developed and detailed HiM security training be provided to affected hazardous commence one or more of the hazardous materials listed in subpart G of 49 CFR part 10/. which includes a qualily ur huzardous malerial that requires placarding under subpart F The requirements of 49 CFR $172.512 require that placards shall be attixed "...to the freight carrying a hazardous materlal such as an alr bag module, described us an AIR BAG container (with) the placards required by 9172.504." This implies that a freight container MODULE, 9, UN3268, Ill, must be placardod when ottored for transportation by vessel even when the freight container carries only one 10 pound tiberboard box. fiberboard box containing an dir bag module in a reight contalner by vessel to be subject A stricl interprelulion of these provisions would require a company that offers one to the HM Security l'lan requirements and detailed HM security training, whercas another subject the requiremens because of the plucurding exceplion in 49 CFR 9172.504(D(9). company that offers thousands of packages in one vahicle by highway would not be appllcability of the I IM Security Plan and corresponding "detailed" HM security training Aacordingly. the petitioner requests a written interpretation or clarification on the quantitles (e.g., less than 1000 Ibs In a transport conveyance) uf hazardous malertals lister! requirement. Is it the intent of the RSPA to require the lIM Sacurity Plan for "larger" in 47 CFR $172.504, Tablo 2? Hazardous Matorials Training • Informalion Systomo + Compilanco Inspections & Audita 4 Shipping & Rogulatory SolfwaTo#

Page 4SEP 09'03 17:13 FR TMS LEGAL 310 468 7808 TO 912023663012 P.03/03 ®ShipMate (Ratigants co Mr. Eciward T. Mozzulto AprIl 29, 2003 Page 2 of 2 Petitioner respectully requests a reply as soon as possible. Is the outcome of this interpretation will have a significal impuci un lhe Petitloner. thi response would he most appreciated. If 1 may be of assistance in any way, pleaso call. Your urgent review ang ShipMate, inc. cc: Mr. Dan Wicten/loyota Motor Sales, U.S.A., Inc Ms. Cloudla Meeks/Ford Motor Company NAAHAC Hazardous Materiala Training • Information Sysloma • Complianco Insacliona & Audia & Shipping & Regulatory Softwara ** TOTAL PAGE.003 **#