United Van Lines, Inc. — Hazardous Materials Safety Interpretation

Page 1J.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 AUG 2 | 2000 Mr. Michael Pfeiffer Pricing Coordinator Ref. No. 00-0162 United Van Lines, Inc. One United Drive Fenton, MO 63026 Dear Mr. Pfeiffer: This is in response to your letter dated May 30, 2000 regarding training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered below: Question 1: Are there any exceptions to the training requirements in the HMR if the shipment is not placardable? The answer is no. Training is required for any hazmat employee who performs a function affecting the transportation of hazardous materials in commerce. Question 2: Are there any minimum quantities of regulated hazmat for which drivers transporting these materials would not be considered hazmat employees, and subject to the training requirements of the HMR? There is no general exception from training requirements for drivers transporting hazardous materials. However, the HMR does contain provisions (e.g., § 173.4) that except certain materials from every other requirement of the HMR. Question 3: If our drivers are transporting only commodities regulated as dangerous goods under the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), but not regulated under the HMR (e.g. magnetized material) would drivers still be considered hazmat employees and subject to the training requirements under the HMR? 172.704 000162#

Page 2The answer is no. Persons transporting a material regulated by the ICAO Technical Instructions but not subject to the HMR are not required to meet the training requirements of the HMR. However, Section 6 of the ICAO Technical Instructions contain training requirements for hazmat employees of shippers of dangerous goods, including packers and shipping agents. Technical Instructions subject to the training requirements of the HMR? Question 4: In general, are drivers transporting hazardous materials prepared according to the ICAO The answer is yes. The HMR allows hazardous materials to be packaged, marked, labeled, classed, described and certified on a shipping paper under the ICAO Technical Instructions provided that one segment of transportation is by aircraft. All other requirements of the HMR must be complied with, including the training requirements of Part 172. For your information, § 172.704(a)(2)(ii) authorizes that as an alternative to the function specific training requirements of the HMR, training relating to the requirements of the ICAO Technical Instructions may be provided to the extent that such training addresses functions authorized by § 171.11. I hope this information is helpful. If you have further questions, please do not hesitate to contact this Office. Sincerely, Ahm IS illing Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3SPEC PRODS SL5/PRIC ..NO.405 P.1/1 United Van Lines, inc. One United Drive (314) 326-3100 Fenton, Missouri 63026 UNITED UNITED UNITED® Van Lines May 30, 2000 nelson §172.704 Director, Office of Hazardous Materials Standards Mr. Edward T. Mazzullo 00-0162 400 7TH Street S.W. U.S. DOT/RSPA (DHM-10) Washington, DC 20590-0001 Dear Mr. Mazzullo: regulations as allowed by D.O.T. Under 49 CFA 171.11. As a carrier, we have been asked to perform the United Van Lines has a customer which tenders shipments that are prepared according to ICAO/IATA training requirements under 49 CFR 172.704 that would apply to our drivers and other carrier personnel ground transportation of these shipments prior to or following shipment by air. My questions relate to the Question 1; Are there any exceptions to the training requirements in the HMP if the shipment/load is not placardable? Question 2: Question 3: If our drivers were only transporting commodities regulated as dangerous goods under ICA/IATA, but not as regulated hazardous material by D.O.T. (e.g. 19 CFR 171.8, and therefore subject to training under 49 CFR 172.704? nagnetized material), would drivers still be considered hazmat employees under Question 4: In general, are drivers transporting ground shipments prepared according to 172.704? ICAO/IATA regulations subject to the training requirements under 49 CFR Can you revlew these four questions and furnish us with a clarification response to each question in attention (Fax No. 636-905-6290) at United Van Lines, Inc. World Headduarters In Fenton. MO. writing in order that we may respond to our customer's inquiry? Please fax your written response to my Your early response to this request will be greatly appreciated. Sincerely, UNITED VAN LINES, INC. Michael Päffer Michael Pleiffer Pricing Coordinator#