Hazmat, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 Mr. Paul J. Dambek Hazmat, Inc. 12 Kimball Hill Road Hudson,NH 03051-3915 Ref. No.: 09-0192 Dear Mr. Darnbek: This responds to your August 1 1,2009 letter requesting clarification of registration and security plan requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-1 80). Your questions are paraphrased and answered below. Q1. A shipper offers for transportation 4,900 pounds of a Class 3 flammable liquid in non- bulk packages in a single shipment. Is the shipper required to register under 5 107.601 and prepare a security plan under 4 172.800? Al. Yes. A shipment of 4,900 pounds of a Class 3 material must be placarded. See 5 172.504(b). In accordance with 5 107.60l(a)(6), a person who offers for transportation or transports a shipment that must be placarded under the provisions of Subpart F of Part 172 of the HMR must register and pay a registration fee. In accordance with $ 172.800(b)(7), a person who offers for transportation or transports a quantity of hazardous material that requires placarding under the provisions of Subpart F of Part 172 must develop and adhere to a security plan. 42. A shipper offers for transportation 4,900 pounds of a Class 3 material and 4,900 pounds of a Class 9 material in non-bulk packages in one shipment. Is the shipper required to register under $ 107.60 1 and prepare a security plan under $ 172.800? A2. Yes. See Al. Q3. A shipper offers for transportation 10 pounds of Division 4.3 material in non-bulk packages in a single shipment. Is the shipper required to register under 5 107.601 and prepare a security plan under $ 172.800? A3. Yes. A shipment of any quantity of Division 4.3 material must be placarded. See $ 172.504(e). In accordance with 107.601(a)(6), a person who offers for transportation or transports a shipment that must be placarded under the provisions of Subpart F of Part 172 of the HMR must register and pay a registration fee. In accordance with $ 172.800(b)(7), a#

Page 2- 2 - October I , 2009 person who offers for transportation or transports a quantity of hazardous material that requires placarding under the provisions of Subpart F of Part 172 must develop and adhere to a security plan. Q4. A shipper offers for transportation 10 pounds of Division 4.3 material in non-bulk packages in a single shipment and packages the material in accordance with § 173.13. Is the shipper required to register under 5 107.60 1 and prepare a security plan under § 172.800? A4. No. Shipments of Class 4.3 materials are excepted from the placarding requirements if prepared for transportation in accordance with 5 173.1 3. Therefore, the registration and security plan requirements do not apply to persons offering for transportation or transporting these shipments. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. attie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3HA 2%~ T HAZMATEAM, ZNC. 12 Kimball Hill Rd. 3107.60, Hudson, NH 0305 1-39 15 Telephone (603) 882-1 112 lATA g 172. 800 . DANGEROUS GOODS Fax (603) 882-65 12 ACCREDITED SCHOOL E-Mail: hazmatearn@earthlink.net Rq ;ss~cc+IO~? August 1 1,2009 Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration ATTN: PHH-10 U.S. Department of Transportation 400 7th Street Washington, D.C. 20590 Dear Sirs: I have questions concerning the applicability of Registration (49 CFR 107.601) and Security Plans (49 CFR 172.800). Consider the following four scenarios #1) If a shipper offers for transportation 4900 pounds of Class 3 chemicals in non-bulk packages in one shipment, must this shipper register pursuant to 49 CFR 107.601 and prepare a security plan pursuant to 49 CFR 172.800? #2) If a shipper offers for transportation 4900 pounds of Class 3 and 4900 pounds of Class 8 chemicals in non-bulk packages in one shipment, must this shipper register pursuant to 49 CFR 107.601 and prepare a security plan pursuant to 49 CFR 172.800? . . ' * , . .,. . #3) If a shipper offers for transportation 10 pounds of Division 4.3 material in non-bulk packages in one shipment, must this shipper register pursuant to 49 CFR 107.60 1 and prepare a security plan pursuant to 49 CFR 172.800? #4) If the same material described in Scenario #3) is packaged per 49 CFR 173.13, must this shipper register pursuant to 49 CFR 107.601 and prepare a security plan pursuant to 49 CFR 172.800? Your assistance is greatly appreciated. Sincerely, Paul Fdd J.#