Duratek Federal Services, Inc — Hazardous Materials Safety Interpretation

Page 1of Transportation US. Department OCT 1 1 2002 Washington. S.c.5,90 Washingion. D.C. Research and Administration Special Programs Mr. J. H. Portsmouth Traffic Manater Reference No.: 02-0255 Duratek Federal Services, Inc. Northwest Operations 345 Hills Street Richland, Washington 99352 Dear Mr. Portsmouth: This is in response to your letter asking for clarification of the training requirements for hazmat employees under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the frequency of training required by § 177.816(a) is the same as the frequency of training in § 172.704. The answer is yes. The training prescribed in Part 172, Subpart H of the HMR, must initially be completed within 90 days after employment or a change in job function and recurrent training at least once every three years. The driver training required by § 177.816(a) is considered to be function-specific training under § 172.704(a)(2). I trust this satisfies your inquiry. Sincerely, Hotte z. Michell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 177.816 020255#

Page 22002 MON 10:04 AM DURATEK 5093721435 P. 02 Duratek Federal Services, inc. Duratek Federal Services Corbin Northwest Operations Richiand, Washington 99352 345 Hills Street $177.816 (509) 376-7055 - Phone (509) 372-1435 - Fax September 23, 2002 Training JHP-02-2362 02-0255 Mr. Delmer F. Billings United States Department of Transporlation 400 Seventh Street Southwest Washington, DC 20590 Dear Mr. Billings: CLARIFICATION OF LETTER Duratok Federal Services, Inc. (Federal Services) Training Services Department requests further Clarification of your Letter of Interpretation #7993, dated June 18, 1996, regarding driver training provisions in Title 49, Code of Federal Regulations, (49 CFR) §177.816. Specifically, question number 3: "Is the training specified in 49 CFR $177.816 subject to boil initial and recurrent training requirements in 49 CFR §172.704?" Your answer was "Yes". requirements for cargo tanks and portable tanks", but does not refer to 49 CFR $177.816 (a), which 49 CFR $177.816 (d) states that 49 CFR $172.704 applies to 49 CFR $177.816 (b) "Specialized addresses the requirements for HAZMAT drivers to be trained in 49 CFR Parts 390-397. We have been unable to locate any reference in the Federal Motor Carrier Safety Regulations requiring recurrent instruction in 49 CFR Parts 390-397, and do not believe that 49 CFR $177.816 (d) applies to 49 CFR §177.816 (a). Your clarification in this matter is appreciated. g.H. Portomoutt Sincerely, Traffic Manager J.H. Portsmouth ar's DESNW - I.B. Hall R. W. Reddinger SHP File/LB FH- G. C. Triner#