Jones Chemicals, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportatior .S. Depanmen 400 Seventh Street, S.W Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety NOV 9 2006 Mr. D. L. Casmey Jones Chemicals, Inc. Vice President of Operations & Security Reference No. 06-0219 2500 Vanderhoof Road P.O. Box 349 Barberton, Ohio 44203 Dear Mr. Casmey: This is in response to your September 29, 2006 letter concerning how to apply the in- depth security training requirements prescribed in § 172.704(a)(5) and Subpart I of Part 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask if under these requirements an employer must designate at least one hazmat employee as individual pages of a security plan updated in response to changes to the HMR must be the individual required to receive in-depth security training. In addition, you ask if the replaced or if the entire document must be reprinted and show the same date on all pages. The answer to both questions is no. The in-depth security training under § 172.704(a)(5) is required only for hazmat employees who handle or perform regulated functions related to the transportation of the materials listed in § 172.800(b) or who are responsible for implementing the security plan. These hazmat employees must receive in-depth training on the specific portions of the plan for which they are responsible, including specific security procedures, employee responsibilities, and actions to be taken in the event of a security breach. The HMR are silent on how to note changes in a security plan in that they do not require the revised pages of a security plan to be dated or the entire security plan to be reprinted if one or several pages in the plan are changed. However, you may wish to refect this adopts a new regulation or changes an existing regulation that relates to a function date on a cover page for the document. Section 172.704(a)(5) requires that if this agency performed by a hazmat employee the employee must be instructed in the new or revised employee can perform the regulated tasks. While it is not necessary to completely retrair function-specific requirements without regard to the three-year training cycle before the the hazmat employee sooner than the required three-year cycle, the employee must receive the instruction necessary to ensure this person is knowledgeable about the new or 112.704 060219 172.802#

Page 2revised regulatory requirement. Also, please note it is not necessary to test the employee or retain records of the remedial instruction provided in the new or revised requirements until the next scheduled retraining at or within the three-year cycle. I hope this information is helpful. Sincerely, Hall -ne Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 310-2-06:12:22PM;JC1 Jones Chemicals ; 3308250504 # 1/ 3 Edmonson §172.704 JCI Jones Chemicals Inc. Traning a cing The 29 September 2006 DHM-10 US Department of Transportation Fax: 1-202-366-3012 Director, Office of Hazardous Material Standards Mr. Edward Mazzulo 400 7* Street S. W. Washington, DC 20590-0001 Dear Mr. Mazzulo- The purpose of this letter is to request clarification of specific elements of HM-23 Hazardous Materials: Security Requirements for Offerors and Transporters of Hazardous Materials. HM 232 regulations, effective on March 25", 2003 requires plans to address security risks associated with making these deliveries. In response to companies transporting hazardous materials in commerce to develop and implement comprehensive security plan in accordance with guidance provided by our Corporate this, JCI Jones Chemicals Inc. has developed plan is continually reviewed and revised when appropriate and necessary in order to Office, the Chlorine Institute's Security Management Plan, and HM 232. This security security plan was first written, it has been revised to include Vulnerability Assessments ensure we have the most effective program possible. Throughout the years since ow Technology Security, the requirements under 49 CFR 385.415(c)(1) (FMCS Vulnerability Reductions (Countermeasures), Breach of Security Guidelines, Information Security Guidelines applicable only to our Corporate Office, just to name a ferv. Training Regulations: Hazardous Materials Safety Permits - Additional Requirements), and employees of JCI Jones Chemicals Inc.. Attached to this letter is a copy of the Training on individual elements of our security plan is conducted on a monthly basis for all Matrix used to document this training. Having said all of this, I have two questions pertaining to 49 CFR 172.704 (Training Caledonia Branch was visited by a Hazardous Materials Inspector with the US Requirements) and 49 CFR 172.802 (Components of a security plan). Last week, our Department of Transportation (Federal Railroad Administration). In addition to touring the Branch and reviewing shipping papers, the inspector reviewed our security training records. For all intents and purposes, we consider all employees at all eleven JCI Jones Chemicals Inc. Branches to be hazmat employees and for this reason, all employees receive the same security training each month. As you can see from the attached Security covered in our Security Plan. The inspector commented that at least one employee at the Training Matrix, our security training program is representative of the many elements facility is to be designated as that employee that is to receive 'In-depth security training' 2500 Vanderhoof Road, P.O. Box 349 • Barberton, Ohio 44203 • telephone: 330.825.4521 • facsimile: 330.825.0504 Corporate Offices • Sarasota, FL • Branch Locations • Warwick, NY • Caledonia, NY • Riverview, Mi • Merrimack, NH • Charlotre. NC Ft. Lauderdale, FL • Jacksonville, FL • Beech Grove, IN • Milford, VA • Tacoma, WA • Torrance, CA www.jcichemicals.com#

Page 410-2-06;12:22PM;JCI Jones Chemicals ; 3308250504 # 2/ 3 and that we had no documentation designating such an employee. Again at JCI, there is clarify what this means with respect to the Hazardous Materials Inspector's comments? additional security measures are identified and implemented. The last sentence in 49 CFR Secondly and as stated above, JI's Security Plan is continually reviewed and revised as recent revision each and every time a revision, no matter how minor, is made. Your We look forward to hearing from you on this and should you require any additional information from me, I can be reached at 1-330-825-4521. JCI JONES CHEMICALS INC. Sincerely, D.L. CASMEY Vice President of Operations & Security 1-330-825-4521 (phone) dlcasmey@jcichem.com 1-330-825-0504 (fax) CC: Mr. Tim Gaffney, Executive Vice President, JCI Jones Chemicals Inc. Mr. Michael Croke, Vice President of Safety, JCI Jones Chemicals Inc. Mr. James Nelson, Manager, JCI Jones Chemicals Inc., Caledonia Branch#