{"operation":"document","citation":"03-0316","title":"Bechtel Nevada — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-03-09","effective_on":null,"summary":"03-0316 response to Bechtel Nevada concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0316.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0316.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0316","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030316.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nMAR 9 2005\nAdministration\nHazardous Materials Safety\nMI•\nBechtel Nevada\nJim Przybylski\nRef. No. 03-0316\nP.O. Box 98521\nLas Vegas, NV 89193-8521\nDear Mr. Przybylski:\nThis responds to your letter requesting clarification of the\ntraining requirements under S 172.704 (a) (2) (i) of\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as\nrelated to Class 7 (radioactive) materials. I apologize for\nthe delay in responding.\nYou\nstate that, as authorized by § 171.11 of the HMR, your\ncompany\nships Class 7 materials in compliance with the\nInternational Civil Aviation Organization's Technical\nInstructions for the Safe Transportation of Dangerous Goods by\nand\nAir (ICAO Technical Instructions), and the applicable State\noperator Variations noted in the ICAO Technical\nInstructions and the International Air Transport Association's\nDangerous Goods Regulations. You were given written guidance\nthat employees\ntrained\nin accordance with the HMR are not\nrequired to be trained in accordance with the ICAO/IATA. You\nask whether a hazmat employee who offers Class 7 materials for\ntransportation is required to complete function-specific\ninclude function-specific training under the ICAO Technical\ntraining only on the HMR requirements or must the training\nInstructions, considering the HMR and ICAO requirements are\nnot identical, e.g., package marking and shipment\ndocumentation.\nWhen hazardous materials are prepared in accordance with the\nICAO Technical Instructions, as authorized by § 171.11 of the\nHMR, a hazmat employee may receive function-specific training\nbased on the requirements of the ICAO Technical Instructions,\nas an alternative to the function-specific training required\nby the HMR.\nAs specified in $ 172.704 (a) (2) (ii), however, the\ntraining must address\nany additional functions and limitations\nidentified in § 171.11, such as the requirements contained in\n§ 171.11 (d) (6). As you are probably aware, we revised the HMR\nrequirements for transporting Class 7 materials based on\n172-7044112)\n030316\n\n<<<PAGE 2>>>\n\nchanges contained in the International Atomic Energy Agency\nRegulations for the Safe Transport of Radioactive Materials\n(TS-R-1 (ST-1, Revised)).\n7 materials contained in the HMR and the ICAO Technical\nThe requirements for transporting\nInstructions are now more closely aligned.\nI trust this\ncan be of further assistance:\nsatisfies your inquiry. Please contact us if we\nSincerely,\nHattie L. Mitchell\nOffice\nChief, Regulatory Review and Reinvention\nof Hazardous Materials\nStandards\n\n<<<PAGE 3>>>\n\nStevens\nBechtel Nevada\n§172. 704(a)E)\nDOT/RSPA / OHMS\nTraining\nUNIT\nMailine ad, 8: 19g. Box 98521\n03 DEC - 9 PM 5:08\n03-0316\nNorto Las Vegas, 288020-01a\nA415-04-JP-0003\nDecember 2, 2003\nE.T. Mazzullo, Director\nOffice of Hazardous Materials Standards\nResearch and Special Programs Administration\n400 7 Street Southwest\nU.S. Department of Transportation\nWashington, D.C. 20590-0001\nSubject: REQUEST FOR INTERPRETATION\nBechtel Nevada offers for transportation, via air express carrier, Class 7 (radioactive) material. The U.S.\nHazardous Materials Regulations (HMR) authorizes such transport in accordance with the International\nCivil Aviation Organization Technical Instructions on the Safe Transport of Dangerous Goods by Air\n(ICAO TI) as incorporated in the International Air Transport Association Dangerous Goods Regulations\n(IATA DGR). Accordingly, these Class 7 (radioactive) materials are prepared and shipped per 49 CFR\nICAO TI/ IATA DGR.\n171.11, Use of ICAO Technical Instructions and applicable State and Operator Variations noted in the\nThe Bechtel Nevada Transportation staff received written guidance from an International Transportation\ntrained in accordance with the 49 CFR are not required to be trained in accordance with the\nSpecialist at the Office of Hazardous Materials Safety (DHM-5) that states, \"Employees who have been\nICAO/IATA. Our regulations are multimodal in scope and include the requirements specifically\napplicable to transportation by air. In this case, it would be duplicative to have IATA training on top of\n49 CFR training.\"\nBechtel Nevada's Transportation staff is aware of the alternative suggested in 49 CFR 172.704(a)(2)(ii),\nbut the guidance provided by DHM-5 is confusing. Insomuch as the HMR and ICAO TI/ IATA DGR\nare not identical (e.g., package marking and shipment documentation), Bechtel Nevada maintains that if\nClass 7 (radioactive) material shipments are prepared in accordance with the ICAO TI/ IATA DGR as\nauthorized by the HMR in §171.11, function-specific training must address the ICAO TI/ IATA DGR\nand is not redundant in nature, even for hazmat employees previously trained per 49 CFR, Part 172,\nSubpart H.\nBechtel Nevada Corporation\nJohnson Controls Nevada, Inc.\nLockheed Martin Nevada Technologies, Inc.\n\n<<<PAGE 4>>>\n\nA415-04-JP-0003\nE. T. Mazzullo\nPage 2 of 2\nDecember 2, 2003\nTherefore, in order to ensure continued compliance, Bechtel Nevada Transportation staff is requesting a\ndefinitive response to the following:\nIs a hazmat employee who prepares a Class 7 (radioactive) material shipment in accordance with\nthe ICAO TI/ IATA DR as authorized by the HMR in $171.11, required to complete function-\nspecific training only on the requirements of the HMR, as indicated in the guidance received\nfrom DHM-5, or must the training include the applicable requirements of the ICAO TI/ IATA\nThank you for your attention to this matter, and I look forward to your response. If you have any\nquestions or require additional information, please contact me at (702) 295-7047.\ngate Shhi\nSupervisor, Transportation\nJLP:cad\nSubject Code: TRN 7\nEnclosure: as stated\ncc: Correspondence Control, w/enc., CF008\nL. Kapit, w/o enc, NTS332\nL. Rakow, w/o enc., NTS218\n\n<<<PAGE 5>>>\n\n-Original Message\nrom: Toolson, George [mailto:TOOLSOGP@nv.doe.goy\nent: Tuesday, October 14, 2003 10:30 AN\nTo: Kelley, Shane\nSubject: Question\nMr. Kelley,\nThank you for taking the time to visit with me this morniag. Per our conversation,\nadicactive Sources (SRS) which meet all the requirements of 49. CFR 173.42\ne ship on a regular basis by air (primarily FedEx) под-accountable Seale\nand are shipped as \"Radiosctive Materials, Excepted Packaging, Limited Quanzity,\nUN 2910.\nair bill for the return shipment have all been trained in the requirements of 49 CFR\nOur staff who are in the field and use these SRSs, and who will eventually sign the\n172.704.\nWe were recently informed by our Traffic/Transportation group, that those staff\nrequired by 172.704, LATĂ training.\nwho are in the field and sign the air bill need to have in addition to the training\nthe DO'T training sufficient?\nCan you provide some direction on this matter, do we need IATA training, or is\nThank you for your consideration on this question.\nGeorge P. (Pete) Toolson\nBechtel Nevada\nSenior Operationa Specialist\n(702) 295-9693 - Direct\nCounter Terrorism\noperations Support\n(702)\n(702)\n295-1555 - Fax\n335-2006\n- Cell\n\n<<<PAGE 6>>>\n\nKelley, Shane\nFrom:\nKelley, Shane\nSent:\nTuesday, October 14, 2003 11:40 AM\nTo:\n\"Toolson, George'\nSubject: RE: Question\nDear Mr. Toolson:\nit was a pleasure speaking with you this morning.\nEmployees who have been trained in accordance with the 49 CFR are not required to be trained in\nspecifically applicable to transportation by air. In this case, it would be duplicative to have IATA training\naccordance with the ICAO/IATA. Our regulations are multimodal in scope and include the requirements\non top of 49 CFR training. I should also point out that IATA is not a government regulatory agency. IATA\nme cases those services mav be used to help satisfy our training requirements in 49 CFR. Howev\nan industry organization that, among other things, provides dangerous goods training services, and\nseeing that your employees have already had the training required by 49 CFR, it would be redundant to\nI hope this helps. Let me know if I can be of further assistance.\nBest Regards,\nShane\n:\nInternatianal Transportation Specialist\nShane C. Kelley\nResearch and Special Programs Acministration\nOffice of Hazardous Materials Safety, DHM-5\nU.S. Department of Transportation\n400 7th Street, S.W. Room 8421\nWashington, D.C. 20590-0001\nFax (202) 366-5713\nTel. (202) 366-4359\nE-mall: shane.kellay@rspa.dot.gov\nInternational Section: http://hazmal.dot.gov/intstandards.htm\nWebsite: http://hazmat.dot.gov/","truncated":false,"body_characters":8444}