{"operation":"document","citation":"00-0162","title":"United Van Lines, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-08-21","effective_on":null,"summary":"00-0162 response to United Van Lines, Inc. concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0162.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0162.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0162","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000162.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nAUG 2 | 2000\nMr. Michael Pfeiffer\nPricing Coordinator\nRef. No. 00-0162\nUnited Van Lines, Inc.\nOne United Drive\nFenton, MO 63026\nDear Mr. Pfeiffer:\nThis is in response to your letter dated May 30, 2000 regarding training requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased\nand answered below:\nQuestion 1: Are there any exceptions to the training requirements in the HMR if the shipment is not\nplacardable?\nThe answer is no. Training is required for any hazmat employee who performs a function affecting the\ntransportation of hazardous materials in commerce.\nQuestion 2: Are there any minimum quantities of regulated hazmat for which drivers transporting these\nmaterials would not be considered hazmat employees, and subject to the training requirements of the\nHMR?\nThere is no general exception from training requirements for drivers transporting hazardous materials.\nHowever, the HMR does contain provisions (e.g., § 173.4) that except certain materials from every\nother requirement of the HMR.\nQuestion 3: If our drivers are transporting only commodities regulated as dangerous goods under the\nInternational Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous\nGoods by Air (ICAO Technical Instructions), but not regulated under the HMR (e.g. magnetized\nmaterial) would drivers still be considered hazmat employees and subject to the training requirements\nunder the HMR?\n172.704\n000162\n\n<<<PAGE 2>>>\n\nThe answer is no. Persons transporting a material regulated by the ICAO Technical Instructions but\nnot subject to the HMR are not required to meet the training requirements of the HMR. However,\nSection 6 of the ICAO Technical Instructions contain training requirements for hazmat employees of\nshippers of dangerous goods, including packers and shipping agents.\nTechnical Instructions subject to the training requirements of the HMR?\nQuestion 4: In general, are drivers transporting hazardous materials prepared according to the ICAO\nThe answer is yes. The HMR allows hazardous materials to be packaged, marked, labeled, classed,\ndescribed and certified on a shipping paper under the ICAO Technical Instructions provided that one\nsegment of transportation is by aircraft. All other requirements of the HMR must be complied with,\nincluding the training requirements of Part 172. For your information, § 172.704(a)(2)(ii) authorizes\nthat as an alternative to the function specific training requirements of the HMR, training relating to the\nrequirements of the ICAO Technical Instructions may be provided to the extent that such training\naddresses functions authorized by § 171.11.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact this\nOffice.\nSincerely,\nAhm IS illing\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nSPEC PRODS SL5/PRIC\n..NO.405\nP.1/1\nUnited Van Lines, inc.\nOne United Drive\n(314) 326-3100\nFenton, Missouri 63026\nUNITED\nUNITED\nUNITED®\nVan Lines\nMay 30, 2000\nnelson\n§172.704\nDirector, Office of Hazardous Materials Standards\nMr. Edward T. Mazzullo\n00-0162\n400 7TH Street S.W.\nU.S. DOT/RSPA (DHM-10)\nWashington, DC 20590-0001\nDear Mr. Mazzullo:\nregulations as allowed by D.O.T. Under 49 CFA 171.11. As a carrier, we have been asked to perform the\nUnited Van Lines has a customer which tenders shipments that are prepared according to ICAO/IATA\ntraining requirements under 49 CFR 172.704 that would apply to our drivers and other carrier personnel\nground transportation of these shipments prior to or following shipment by air. My questions relate to the\nQuestion 1;\nAre there any exceptions to the training requirements in the HMP if the\nshipment/load is not placardable?\nQuestion 2:\nQuestion 3:\nIf our drivers were only transporting commodities regulated as dangerous goods\nunder ICA/IATA, but not as regulated hazardous material by D.O.T. (e.g.\n19 CFR 171.8, and therefore subject to training under 49 CFR 172.704?\nnagnetized material), would drivers still be considered hazmat employees under\nQuestion 4:\nIn general, are drivers transporting ground shipments prepared according to\n172.704?\nICAO/IATA regulations subject to the training requirements under 49 CFR\nCan you revlew these four questions and furnish us with a clarification response to each question in\nattention (Fax No. 636-905-6290) at United Van Lines, Inc. World Headduarters In Fenton. MO.\nwriting in order that we may respond to our customer's inquiry? Please fax your written response to my\nYour early response to this request will be greatly appreciated.\nSincerely,\nUNITED VAN LINES, INC.\nMichael Päffer\nMichael Pleiffer\nPricing Coordinator","truncated":false,"body_characters":4824}