{"operation":"document","citation":"06-0219","title":"Jones Chemicals, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-11-09","effective_on":null,"summary":"06-0219 response to Jones Chemicals, Inc. concerning 172.704, 172.802.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0219.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0219.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0219","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060219.pdf","body":"<<<PAGE 1>>>\n\nof Transportatior\n.S. Depanmen\n400 Seventh Street, S.W\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nNOV 9 2006\nMr. D. L. Casmey\nJones Chemicals, Inc.\nVice President of Operations & Security\nReference No. 06-0219\n2500 Vanderhoof Road\nP.O. Box 349\nBarberton, Ohio 44203\nDear Mr. Casmey:\nThis is in response to your September 29, 2006 letter concerning how to apply the in-\ndepth security training requirements prescribed in § 172.704(a)(5) and Subpart I of Part\n172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask if\nunder these requirements an employer must designate at least one hazmat employee as\nindividual pages of a security plan updated in response to changes to the HMR must be\nthe individual required to receive in-depth security training. In addition, you ask if the\nreplaced or if the entire document must be reprinted and show the same date on all pages.\nThe answer to both questions is no. The in-depth security training under § 172.704(a)(5)\nis required only for hazmat employees who handle or perform regulated functions related\nto the transportation of the materials listed in § 172.800(b) or who are responsible for\nimplementing the security plan. These hazmat employees must receive in-depth training\non the specific portions of the plan for which they are responsible, including specific\nsecurity procedures, employee responsibilities, and actions to be taken in the event of a\nsecurity breach.\nThe HMR are silent on how to note changes in a security plan in that they do not require\nthe revised pages of a security plan to be dated or the entire security plan to be reprinted\nif one or several pages in the plan are changed. However, you may wish to refect this\nadopts a new regulation or changes an existing regulation that relates to a function\ndate on a cover page for the document. Section 172.704(a)(5) requires that if this agency\nperformed by a hazmat employee the employee must be instructed in the new or revised\nemployee can perform the regulated tasks. While it is not necessary to completely retrair\nfunction-specific requirements without regard to the three-year training cycle before the\nthe hazmat employee sooner than the required three-year cycle, the employee must\nreceive the instruction necessary to ensure this person is knowledgeable about the new or\n112.704\n060219\n172.802\n\n<<<PAGE 2>>>\n\nrevised regulatory requirement. Also, please note it is not necessary to test the employee\nor retain records of the remedial instruction provided in the new or revised requirements\nuntil the next scheduled retraining at or within the three-year cycle.\nI hope this information is helpful.\nSincerely,\nHall -ne\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n10-2-06:12:22PM;JC1\nJones Chemicals\n; 3308250504\n# 1/ 3\nEdmonson\n§172.704\nJCI\nJones Chemicals Inc.\nTraning a cing The\n29 September 2006\nDHM-10\nUS Department of Transportation\nFax: 1-202-366-3012\nDirector, Office of Hazardous Material Standards\nMr. Edward Mazzulo\n400 7* Street S. W.\nWashington, DC 20590-0001\nDear Mr. Mazzulo-\nThe purpose of this letter is to request clarification of specific elements of HM-23\nHazardous Materials: Security Requirements for Offerors and Transporters of\nHazardous Materials. HM 232 regulations, effective on March 25\", 2003 requires\nplans to address security risks associated with making these deliveries. In response to\ncompanies transporting hazardous materials\nin commerce to develop and implement\ncomprehensive security plan in accordance with guidance provided by our Corporate\nthis, JCI Jones Chemicals Inc. has developed\nplan is continually reviewed and revised when appropriate and necessary in order to\nOffice, the Chlorine Institute's Security Management Plan, and HM 232. This security\nsecurity plan was first written, it has been revised to include Vulnerability Assessments\nensure we have the most effective program possible. Throughout the years since ow\nTechnology Security, the requirements under 49 CFR 385.415(c)(1) (FMCS\nVulnerability Reductions (Countermeasures), Breach of Security Guidelines, Information\nSecurity Guidelines applicable only to our Corporate Office, just to name a ferv. Training\nRegulations: Hazardous Materials Safety Permits - Additional Requirements), and\nemployees of JCI Jones Chemicals Inc.. Attached to this letter is a copy of the Training\non individual elements of our security plan is conducted on a monthly basis for all\nMatrix used to document this training.\nHaving said all of this, I have two questions pertaining to 49 CFR 172.704 (Training\nCaledonia Branch was visited by a Hazardous Materials Inspector with the US\nRequirements) and 49 CFR 172.802 (Components of a security plan). Last week, our\nDepartment of Transportation (Federal Railroad Administration). In addition to touring\nthe Branch and reviewing shipping papers, the inspector reviewed our security training\nrecords. For all intents and purposes, we consider all employees at all eleven JCI Jones\nChemicals Inc. Branches to be hazmat employees and for this reason, all employees\nreceive the same security training each month. As you can see from the attached Security\ncovered in our Security Plan. The inspector commented that at least one employee at the\nTraining Matrix, our security training program is representative of the many elements\nfacility is to be designated as that employee that is to receive 'In-depth security training'\n2500 Vanderhoof Road, P.O. Box 349 • Barberton, Ohio 44203 • telephone: 330.825.4521 • facsimile: 330.825.0504\nCorporate Offices • Sarasota, FL • Branch Locations • Warwick, NY • Caledonia, NY • Riverview, Mi • Merrimack, NH • Charlotre. NC\nFt. Lauderdale, FL • Jacksonville, FL • Beech Grove, IN • Milford, VA • Tacoma, WA • Torrance, CA\nwww.jcichemicals.com\n\n<<<PAGE 4>>>\n\n10-2-06;12:22PM;JCI Jones Chemicals\n; 3308250504\n# 2/ 3\nand that we had no documentation designating such an employee. Again at JCI, there is\nclarify what this means with respect to the Hazardous Materials Inspector's comments?\nadditional security measures are identified and implemented. The last sentence in 49 CFR\nSecondly and as stated above, JI's Security Plan is continually reviewed and revised as\nrecent revision each and every time a revision, no matter how minor, is made. Your\nWe look forward to hearing from you on this and should you require any additional\ninformation from me, I can be reached at 1-330-825-4521.\nJCI JONES CHEMICALS INC.\nSincerely,\nD.L. CASMEY\nVice President of Operations & Security\n1-330-825-4521 (phone)\ndlcasmey@jcichem.com\n1-330-825-0504 (fax)\nCC:\nMr. Tim Gaffney, Executive Vice President, JCI Jones Chemicals Inc.\nMr. Michael Croke, Vice President of Safety, JCI Jones Chemicals Inc.\nMr. James Nelson, Manager, JCI Jones Chemicals Inc., Caledonia Branch","truncated":false,"body_characters":6882}