c/o Waste Control Specialists LLC — Hazardous Materials Safety Interpretation

Page 1u.s. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue SE Washington, DC 20590 NOV Z ... ~011 Jeff Shouse QA Manager c/o Waste Control Specialists LLC 9998 Hwy 176 W. Andre,:"s, TX 79714 Reference No.: 11-0263 Dear Mr. Shouse: This is in response to your October 25, 2011 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to transportation security plans. Specifically you ask if identified security concerns should be listed or identified within the security plan, or if the security plan should include what measures the facility incorporates to address weaknesses identified during the performance of a risk assessment. Transportation security plans must contain both an identification of transportation security risks and identify the measures incorporated by the facility to deal with these security risks. The components of a security plan are identified in § 172.802 for those who offer for transportation in commerce or transport in commerce one or more of the hazardous materials listed in § 172.800(b). Section 172.802(a) states that a security plan must include an assessment of transportation security risks and also include appropriate measures to address the assessed risks. I hope this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, ~~~ Senior Regulatory Advisor Standards and Rulemaking Division#

Page 2.. Drakeford, Carolyn (PHMSA) From: Betts, Charles (PHMSA) Sent: Tuesday, October 25, 2011 3:17 PM To: Drakeford, Carolyn (PHMSA) Subject: Fw: Interpretation of regulation 49 CFR 172.802(a) Please log and assign for handling From: Jeff Shouse [mailto:jshouse@wcstexas.com] Sent: Tuesday, October 25, 2011 01:38 PM To: Betts, Charles (PHMSA) Subject: Interpretation of regulation 49 CFR 172.802(a) Mr. Betts, A question was raised as to the intent I interpretation of the requirement of 49 CFR 172.802(a) which states: "The security plan must include an assessment of transportation security risks for shipments of the hazardous materials listed ... " Our question is, should this be interpreted to mean that the written risk assessment identified concerns should be listed and or identified within the security plan, or that the facility incorporates measure to place barriers that would address weaknesses identified during the performance of the risk assessment? Jeff Shouse, RRPT QA Manager Waste Control Specialists LLC Ph. (432) 525-8500 ext. 222 Fax. (575) 394-3427 Cell. (432) 425-3517 Welcome to Quality The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. Ifyou received this in error, please contact the sender and delete the material from any computer. 1#

Page 3Drakeford, Carolyn (PHMSA) From: Betts, Charles (PHMSA) Sent: Tuesday, October 25, 2011 3: 17 PM To: Drakeford, Carolyn (PHMSA) Subject: Fw: Interpretation of regulation 49 CFR 172.802(a} 11- D2b3 Please log and assign for handling From: Jeff Shouse [mailto:jshouse@wcstexas,com] Sent: Tuesday, October 25, 2011 01:38 PM To: Betts, Charles (PHMSA) Subject: Interpretation of regulation 49 CFR 172.802(a) Mr. Betts, A question was raised as to the intent I interpretation of the requirement of 49 CFR 172.802{a) which states: "The security plan must include an assessment of transportation security risks for shipments of the hazardous materials listed ... " Our question is, should this be interpreted to mean that the written risk assessment identified concerns should be listed and or identified within the security plan, or that the facility incorporates measure to place barriers that would address weaknesses identified during the performance of the risk assessment? Jeff Shouse, RRPT QA Manager Waste Control Specialists LLC Ph. (432) 525-8500 ext. 222 Fax. (575) 394-3427 Cell. (432) 425-3517 Welcome to Quality The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. Ifyou received this in error, please contact the sender and delete the material from any computer. 1lc y~ \l p:~ A~~ ~~A\~<): S ~ tlc flA~ 1#