Bechtel Nevada — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and MAR 9 2005 Administration Hazardous Materials Safety MI• Bechtel Nevada Jim Przybylski Ref. No. 03-0316 P.O. Box 98521 Las Vegas, NV 89193-8521 Dear Mr. Przybylski: This responds to your letter requesting clarification of the training requirements under S 172.704 (a) (2) (i) of Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as related to Class 7 (radioactive) materials. I apologize for the delay in responding. You state that, as authorized by § 171.11 of the HMR, your company ships Class 7 materials in compliance with the International Civil Aviation Organization's Technical Instructions for the Safe Transportation of Dangerous Goods by and Air (ICAO Technical Instructions), and the applicable State operator Variations noted in the ICAO Technical Instructions and the International Air Transport Association's Dangerous Goods Regulations. You were given written guidance that employees trained in accordance with the HMR are not required to be trained in accordance with the ICAO/IATA. You ask whether a hazmat employee who offers Class 7 materials for transportation is required to complete function-specific include function-specific training under the ICAO Technical training only on the HMR requirements or must the training Instructions, considering the HMR and ICAO requirements are not identical, e.g., package marking and shipment documentation. When hazardous materials are prepared in accordance with the ICAO Technical Instructions, as authorized by § 171.11 of the HMR, a hazmat employee may receive function-specific training based on the requirements of the ICAO Technical Instructions, as an alternative to the function-specific training required by the HMR. As specified in $ 172.704 (a) (2) (ii), however, the training must address any additional functions and limitations identified in § 171.11, such as the requirements contained in § 171.11 (d) (6). As you are probably aware, we revised the HMR requirements for transporting Class 7 materials based on 172-7044112) 030316#

Page 2changes contained in the International Atomic Energy Agency Regulations for the Safe Transport of Radioactive Materials (TS-R-1 (ST-1, Revised)). 7 materials contained in the HMR and the ICAO Technical The requirements for transporting Instructions are now more closely aligned. I trust this can be of further assistance: satisfies your inquiry. Please contact us if we Sincerely, Hattie L. Mitchell Office Chief, Regulatory Review and Reinvention of Hazardous Materials Standards#

Page 3Stevens Bechtel Nevada §172. 704(a)E) DOT/RSPA / OHMS Training UNIT Mailine ad, 8: 19g. Box 98521 03 DEC - 9 PM 5:08 03-0316 Norto Las Vegas, 288020-01a A415-04-JP-0003 December 2, 2003 E.T. Mazzullo, Director Office of Hazardous Materials Standards Research and Special Programs Administration 400 7 Street Southwest U.S. Department of Transportation Washington, D.C. 20590-0001 Subject: REQUEST FOR INTERPRETATION Bechtel Nevada offers for transportation, via air express carrier, Class 7 (radioactive) material. The U.S. Hazardous Materials Regulations (HMR) authorizes such transport in accordance with the International Civil Aviation Organization Technical Instructions on the Safe Transport of Dangerous Goods by Air (ICAO TI) as incorporated in the International Air Transport Association Dangerous Goods Regulations (IATA DGR). Accordingly, these Class 7 (radioactive) materials are prepared and shipped per 49 CFR ICAO TI/ IATA DGR. 171.11, Use of ICAO Technical Instructions and applicable State and Operator Variations noted in the The Bechtel Nevada Transportation staff received written guidance from an International Transportation trained in accordance with the 49 CFR are not required to be trained in accordance with the Specialist at the Office of Hazardous Materials Safety (DHM-5) that states, "Employees who have been ICAO/IATA. Our regulations are multimodal in scope and include the requirements specifically applicable to transportation by air. In this case, it would be duplicative to have IATA training on top of 49 CFR training." Bechtel Nevada's Transportation staff is aware of the alternative suggested in 49 CFR 172.704(a)(2)(ii), but the guidance provided by DHM-5 is confusing. Insomuch as the HMR and ICAO TI/ IATA DGR are not identical (e.g., package marking and shipment documentation), Bechtel Nevada maintains that if Class 7 (radioactive) material shipments are prepared in accordance with the ICAO TI/ IATA DGR as authorized by the HMR in §171.11, function-specific training must address the ICAO TI/ IATA DGR and is not redundant in nature, even for hazmat employees previously trained per 49 CFR, Part 172, Subpart H. Bechtel Nevada Corporation Johnson Controls Nevada, Inc. Lockheed Martin Nevada Technologies, Inc.#

Page 4A415-04-JP-0003 E. T. Mazzullo Page 2 of 2 December 2, 2003 Therefore, in order to ensure continued compliance, Bechtel Nevada Transportation staff is requesting a definitive response to the following: Is a hazmat employee who prepares a Class 7 (radioactive) material shipment in accordance with the ICAO TI/ IATA DR as authorized by the HMR in $171.11, required to complete function- specific training only on the requirements of the HMR, as indicated in the guidance received from DHM-5, or must the training include the applicable requirements of the ICAO TI/ IATA Thank you for your attention to this matter, and I look forward to your response. If you have any questions or require additional information, please contact me at (702) 295-7047. gate Shhi Supervisor, Transportation JLP:cad Subject Code: TRN 7 Enclosure: as stated cc: Correspondence Control, w/enc., CF008 L. Kapit, w/o enc, NTS332 L. Rakow, w/o enc., NTS218#

Page 5-Original Message rom: Toolson, George [mailto:TOOLSOGP@nv.doe.goy ent: Tuesday, October 14, 2003 10:30 AN To: Kelley, Shane Subject: Question Mr. Kelley, Thank you for taking the time to visit with me this morniag. Per our conversation, adicactive Sources (SRS) which meet all the requirements of 49. CFR 173.42 e ship on a regular basis by air (primarily FedEx) под-accountable Seale and are shipped as "Radiosctive Materials, Excepted Packaging, Limited Quanzity, UN 2910. air bill for the return shipment have all been trained in the requirements of 49 CFR Our staff who are in the field and use these SRSs, and who will eventually sign the 172.704. We were recently informed by our Traffic/Transportation group, that those staff required by 172.704, LATĂ training. who are in the field and sign the air bill need to have in addition to the training the DO'T training sufficient? Can you provide some direction on this matter, do we need IATA training, or is Thank you for your consideration on this question. George P. (Pete) Toolson Bechtel Nevada Senior Operationa Specialist (702) 295-9693 - Direct Counter Terrorism operations Support (702) (702) 295-1555 - Fax 335-2006 - Cell#

Page 6Kelley, Shane From: Kelley, Shane Sent: Tuesday, October 14, 2003 11:40 AM To: "Toolson, George' Subject: RE: Question Dear Mr. Toolson: it was a pleasure speaking with you this morning. Employees who have been trained in accordance with the 49 CFR are not required to be trained in specifically applicable to transportation by air. In this case, it would be duplicative to have IATA training accordance with the ICAO/IATA. Our regulations are multimodal in scope and include the requirements on top of 49 CFR training. I should also point out that IATA is not a government regulatory agency. IATA me cases those services mav be used to help satisfy our training requirements in 49 CFR. Howev an industry organization that, among other things, provides dangerous goods training services, and seeing that your employees have already had the training required by 49 CFR, it would be redundant to I hope this helps. Let me know if I can be of further assistance. Best Regards, Shane : Internatianal Transportation Specialist Shane C. Kelley Research and Special Programs Acministration Office of Hazardous Materials Safety, DHM-5 U.S. Department of Transportation 400 7th Street, S.W. Room 8421 Washington, D.C. 20590-0001 Fax (202) 366-5713 Tel. (202) 366-4359 E-mall: shane.kellay@rspa.dot.gov International Section: http://hazmal.dot.gov/intstandards.htm Website: http://hazmat.dot.gov/#