{"operation":"document","citation":"05-0283","title":"Transportation Development Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-07-03","effective_on":null,"summary":"05-0283 response to Transportation Development Group concerning 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0283.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0283.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0283","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050283.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nJUL 3 2006\nMr. Jim Powell\nPresident\nRef. No. 05-01283\nTransportation Development Group\nTorrance, CA 90501\n2390 Crenshaw Blvd., Suite 513\nDear Mr. Powell:\nThis responds to your November 5, 2005 letter requesting clarification on training\nrequirements for shipping small quantities of hazardous materials under §§ 171.11 and\n173.4 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you request clarification on the applicability and frequency of training\nrequired under the HMR when shipping hazardous materials under § 171.11 using the\nexcepted quantity provision in the International Civil Aviation Organization Technical\nInstructions (ICAO TI) for the Safe Transport of Dangerous Goods by Air.\nsmall quantity provisions of § 173.4 of the HMR are excepted from the training\nEmployees who prepare hazardous materials for transportation in accordance with the\nrequirements in §§ 172.700-172.704. With respect to the training required by the ICAO\nmarked, labeled, and described and certified on a shipping paper and otherwise in\nTI, § 171.11 authorizes the use of the ICAO TI when the hazardous material is packaged,\ncondition for shipment as required by the ICAO TI. It is the shipment, not the shipper\nshipping hazardous materials under the provisions of §171.11 using the ICAO TI\nthat has to meet all the conditions of the ICAO TI. As such, persons preparing and\nexcepted quantity provisions are subject only to the applicable training requirements of\nthe HMR. In the case of an excepted quantity shipment fully conforming to the\nprovisions of §173.4 (including the marking required by §173.4(a)(10)), training would\nnot be required. However, other competent authorities implementing the ICAO TI may\nrequire training for excepted quantity shipments.\nI hope this answers your inquiry.\nSincerely,\nJohn A. Gale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n171. 11\n172.704\n173.414) 10)\n050283\n\n<<<PAGE 2>>>\n\nTransportation Development\n-group\nlogisticstraining.com\n415 Dairy Road, PMB E234, Kahului, HI 96732\n(800) 949-4834 | (800) 527-5121 FAX\nBoothe\njim@logisticstraining.com\n$112.704\nSaturday, November 05, 2005\n317! 11, 8173.4\nRSPA Office of Hazardous Materials Standards\nMr. Edward T. Mazzullo\n400 7th Street S.W. DHM10\ntraining\nWashington, DC 20590-0001\n65-0283\nDear Mr. Mazzullo:\nExcepted Quantity of Dangerous Goods under the ICAO excepted quantity provisions.\nI am requesting a clarification as to what training requirements would apply - if any, to the shipment of an\nIt seems clear that if someone is shipped a small quantity of certain dangerous goods under the DOT Small Quantity\nSubpart H do not apply. The language of 173.4 states that no other requirements of \"this subchapter\" applies as\nprovisions of 49 CFR 173.4, that the DOT hazmat employer/employee training requirements of 49 CFR Part 172,\nlong as one adheres to the requirements of this section.\nwhat exactly does this mean for a shipper who elects under 171.11 to follow the ICAO provisions instead of 49\nBut what about ICAO? Under the ICAO excepted quantity provisions, this does NOT exempt them from training, so\nCFR\ninterpretation (ref 97-1018 dated May 6, 1997) addresses the length of the recurrent training period (i.e. 3 years\nDoes this mean they have to train their employees according to the ICAO requirement? A previous DOT\naccording to DOT and not 2 years according to ICAO), but I don't know that this answers the question at hand\nsubject to any DOT training requirements? And if they are, they recurrent training period would be ? years, and not\nFor a shipper preparing and offering a shipment according to the ICAO excepted quantities exception, are they\nthe 2 years referenced in ICAO.\nThank you.\nSincerely,\njuntuse\nPresident\nJim Powell\njim@logisticstraining.com\n1-800-949-4834\n2390 Crenshaw Blvd, Ste 513, Torrance, CA 90501\nTDG Los Angeles\n(310) 302-0808 | FAX (310) 302-0809","truncated":false,"body_characters":4068}