Motor Carrier Compliance & Safety Co — Hazardous Materials Safety Interpretation

Page 1Wash ngton, D.C. 20590 400 Seventh Street, S.W. lazardous Materials Safet ipeline anc Administration JUN 2 6 2006 Mr. Jay Muratore 104 W. Water Street Motor Carrier Compliance & Safety Co. Ref. No. 06-0132 Oak Harbor, OH 43449 Dear Mr. Muratore: This responds to your May 30, 2006 letter requesting clarification of the security plan requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provided a sample of a risk assessment template you provide to your clients and seek clarification on whether it conforms to the HMR requirements. The requirement to develop and implement a security plan applies to persons who offer for transportation or transport the hazardous materials specified in § 172.800 of the HMR. Each security plan must include an assessment of possible transportation security risks for shipments of the listed hazardous materials and appropriate measures to address those risks. At a minimum, each security plan must address personnel security: unauthorized access, and en route security. The HMR set forth general requirements for a security plan's components rather than a prescriptive list of specific items that must be included. The HMR set a performance plans addressing their individual circumstances and operational environment. standard providing shippers and carriers with the flexibility necessary to develop security carrier's individualized assessment of the security risks associated with the specific Accordingly, each security plan will differ because it will be based on a shipper's or a hazardous materials it ships or transports and its unique circumstances and operational 172.802 060132#

Page 22 The sample risk assessment template you provided does not appear to be sufficient for example, typically, a risk assessment will include a listing of the specific materials purposes of developing a security plan that fully conforms to the HMR requirements. For handled by the facility or carrier and an evaluation of the security risks associated with each material. Since security risks will vary for different materials, this is a critical component. Your template does not appear to include this step. Similarly, a risk including quantities of materials transported and baseline security and safety programs assessment should include detailed information about the scope of a facility's operations, already in place at the facility. Your template does not appear to include this step. To assist the industry in complying with the security plan requirements, PHMSA be used to identify areas in the transportation process where security procedures should developed a security plan template to illustrate how risk management methodology could be enhanced within the context of an overall risk management strategy. The security template is posted in the docket and on the PHMSA website at http://hazmat.dot.gov/rmsef.htm. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Susan Gorsky Regulations Officer Office of Hazardous Materials Standards#

Page 3Drakeford, Carolyn <PHMSA> Leary Sent: From: Gorsky, Susan <PHMSA> Subject: To: Drakeford, Carolyn <PHMSA> Friday, June 02, 2006 3:17 PM $172.802 FW: interpretation of security plans Security Plans Attachments: Risk-cover Letter.doc 06-0132 Letter.doc (30 KB) Risk-cover From: jay Muratore -----Original Message-- Sent: Tuesday, May 30, 2006 [mailto: jay@motorcarrieronline.com] To: Gorsky, Susan <PHMSA> 4:39 PM Cc: Simmons, James <FMCSA>; Skeggs, Stewart <PHMSA> Subject: interpretation of security plans Susan, I am requesting an interpretation of the actual requirements needed for a er our conversation we had on Tue. May 23rd. in regards to security plans. We offer a security plan for many of haz-mat clients, enclosed is a "small risk assessment! example" of our how our risk assessment is presented. We have run into issues with enforcement with our policy not being I seek guidance and/or advice to the accuracy/compliance of our risk "personalized" enough! assessment! e understand that Security Plans cannot be "canned" We advise all ou: completed by them personally. Enclosed is a copy of the letter that lients that we cannot complete the plan. That is something that must br accompanied each plan. the actual laws that that are set forth! We believe that our plan is judged by enforcements personal opinion verses * Personnel Security Assessment: initial Driver Qualification file should have all the pertinent informatior 'ersonnel security includes confirmation of identity and credentials. The to research his/her background history for consideration of employment. Check Yes or No to questions below: continuous Are employment applications fully completed with at least 10 year: of employment and confirmed 3 years back? Recommendation: * En route Security Assessment: critical space in constant exposure to an uncontrolled environment harboring A vehicle in transit represents not just a moving target, but a 1#

Page 4when defining primary risks it is important to remember that the cargo is a diversity of threats. the prime source of consequential damage. unauthorized devices Are your drivers doing pre-inspections and checking for any home base? attached to their CMV or maintenance problems before leaving your Recommendation: Yes No. * Facility Assessment for Unauthorized Access gain Measures to address the assessed risk that unauthorized persons may prepared to be access to the hazardous material in storage or vehicles being shipped with hazardous materials. loitering e employees always on the alert for non-authorized persons or by company property? No Recommendation: * Additional Security Risk to En route Security > Risk: Recommendation:. - 2#

Page 5Motor Carrier Compliance & Safety Co. MAIN OFFICE BRANCH OFFICE 104 W. Water Street. Oak Harbor, OH 43449 1101 Fourth Avenu www.motorcarrieronline.com 419-898-1570 ake Ariel, PA 1843 bob@motorsarrieronline.com 570-589-7690 Important Guidelines HM 232 Security Plan Even though a security plan is in place a written risk assessment of each facility must be completed and be part of your plan. MCCS has written a risk assessment guideline that needs to be completed by an official of your company and inserted in your security plan. No two hazmat companies have the same security issues. The ones listed in the following risk assessment, every company should adhere to, but additional security risks could be present at your location. There is sufficient space to add any risks you find not listed. When you add any risks to your risk assessment make sure you add them to your security plan in the proper sections. This risk assessment follows the main guidelines listed in your security plan. You need to go though the following pages and answer the questions pertaining to the required main subject. All questions pertain to the recommendations or company policies your company has in the plan. Most questions can be answered yes, but if one is answered no you must put in a recommendation and add it to your security plan. If any main guideline needs to be addressed for further risk assessments, which you or your company deems necessary to complete your individual plan, there is space under each guideline for you to insert a risk factor and recommendation. This recommendation must be place in your security plan in the appropriate guideline section. Pages are provided for these additional company polices. This should not take you very long to fill out and place in your Security Plan manual, but be careful to look at your whole operations and include all security risks. Remember this is a requirement of HM-232 Regulations, but it is your responsibility to update and make changes to your Security Plan when changes occur in your operation. MCCS will continue to update you on any federal changes when applicable, but we seldom know if you make or change company policies affecting your plan. Yours in Safety: Motor Carrier Compliance & Safety Co.#