Air Products and Chemicals, Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 aterials Safety Administratic peline and Hazardol MAY 16 2007 Ms. Susan K. Leith Ref. No.: 07-0086 Air Products and Chemicals. Inc. Dangerous Goods Compliance Specialist 7201 Hamilton Boulevard Allentown, PA 18195-1501 Dear Ms. Leith: This is in response to your April 9, 2007 letter requesting clarification of the Hazardous Specifically, you ask if the provision in § 172.802(b) for security plans to be written may Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to security plans. be satisfied by posting the security plan on your company's intranet, which is accessible to your facilities and readily printed if necessary. The answer is yes. A security plan posted on a company's intranet that is accessible to company employees and readily printed if necessary would be in compliance with the provisions in § 172.802(b). I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Holle Hattie L. Mitchell Chief. Regulatory Review and Reinvention Office of Hazardous Materials Standards 172.802 (6) 070086#

Page 2watteryn waire 3172.802 (b) PRODUCTS AS Security Plans 7201 Hamilton Boulevard Air Products and Chemicals, Inc. 07-0086 Tel 610 481-4911 Allentown, PA 18195-1501 9 April 2007 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-10) 400 7th Street S.W. Washington, D.C. 20590-0001 Dear Mr. Mazzullo: RE: Interpretation 49 CFR 172.802(b) Security Plan We recently called the Hazardous Materials Information Center for an interpretation of necessary. The response from the Information Center confirmed that our on-line version was sufficient. This letter is merely to get a response in writing that our Security Plan meets the equirements of a written plan and that we do not have to maintain a printed copy a each facility. During a recent DOT inspection at one of our facilities, this was noted ol the inspection report and the inspector expected to see a written copy of the Security Please confirm that our understanding from the Information Center and of paragraph 172.802(b) is correct that we do not need a printed copy but that our on-line Security Plan is acceptable. Sincerely, Susan K. Leith Dangerous Goods Compliance Specialist#