{"operation":"document","citation":"02-0214","title":"CTC Certified Training Co. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-12-17","effective_on":null,"summary":"02-0214 response to CTC Certified Training Co. concerning 172.702.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0214.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0214.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0214","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020214.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nJ.S. Department\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nWashington, D.C. 20590\nAdministration\nDEC 17 2002\nMr. Darrell Garton\n62537 North Star Dr.\nCTC Certified Training Co.\n:: Ref. No. 02-0214\nMontrose, CO 81401\nDear Mr. Garton:\nThis is in response to your August 13, 2002 letter concerning training requirements under the\nHazardous Materials Requirements (HMR; 49 CFR Parts 171-180). Specifically, you ask if an\nIndependent Inspection Agency (IIA) can remain \"independent\" after it has performed one of the\nto that entity.\ntraining requirements: that are the responsibility of its client and objectively continue being an ITA\nSection 172.702(a) specifies that the hazmat employer; as defined in § 171:8, is required to ensure\nthat each of its hazmat employees are trained in accordance with the requirements prescribed in\n\"subpart I of part 172. There are no requirements in this subpart for persons that provide training\nor specifics on training programs. Thus, an IIA could also be a trainer.\ninvolvement with, a cylinder. manufacturer- not cylinder requalifiers.\nThe IIA conflict-of-interest prohibition in § 107.803(b) only applies to control by, or a financial\nI hope this satisfies your request.\nSincerely,\nDelma Fallo\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n• 172.702\n020214\n\n<<<PAGE 2>>>\n\nTuesday, August 13, 2002 2:18 PM\nCTC Seminars 970 240-8146\np.03\nCIC Certified Training Co.\nMontrose, CO USA 81401\n62537 North Star Dr\nJohnsen\nTel. (970)240-3391\nemail: darrell@ cteseminars.com\nFax (970)240-8146\n$172.704\nAugust 13, 2002\nTraining\nOffice of Hazardous Materials\nDon Hilts\n02-0214\nWashington, DC 20590\nSt. SW\nDear Don,\nInspection Agencies (IIA's), as they pertain to cylinder retest facilities.\nI am writing this letter to request an interpretation on the allowable functions of the Independent\nrequirements of 49 CFR 172.704. Currently there are a number of IIA's who are representing\nMy specific question pertains to the General Awareness and Function Specific training\nthat the training requirement is satisfied during their inspection of the retest facility. There are\nalso some who are performing training seminars for the purpose of satisfying this requirement.\nwhether an IIA can truly remain \"independent\" after they have performed one of the required\nMy question is not whether an IIA is capable of providing the necessary training, but rather,\ntraining is adequate... I trained you!\", they have lost their \"independent\" status; are no longer a\nfunctions that are the responsibility of their client. As soon as an IIA says, \"Of course your\n\"third party\"; and have established a rather substantial conflict of interest. This would be no\nline to offer assistance, and then turned around and inspected the very pieces that they had **\ndifferent than if the IIA personnel at a cylinder manufacturing facility stepped into the production\nI fully recognize that it has been standard practice over the years for the IIA to help out in areas in\ntheir role in that capacity. However, when it comes to formal training, it seems to me that this is\nwhich the retester may be lacking knowledge or understanding, and I would not want to diminish\none of the requirements that the IIA is there to verify has been fulfilled by the retester, not\nsomething that the IIA is to provide.\nThank you for your time and consideration in this matter.\nBest regards,\nRawl I fit\ncc: Hattic Mitchell","truncated":false,"body_characters":3479}