Transportation Development Group — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration JUL 3 2006 Mr. Jim Powell President Ref. No. 05-01283 Transportation Development Group Torrance, CA 90501 2390 Crenshaw Blvd., Suite 513 Dear Mr. Powell: This responds to your November 5, 2005 letter requesting clarification on training requirements for shipping small quantities of hazardous materials under §§ 171.11 and 173.4 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification on the applicability and frequency of training required under the HMR when shipping hazardous materials under § 171.11 using the excepted quantity provision in the International Civil Aviation Organization Technical Instructions (ICAO TI) for the Safe Transport of Dangerous Goods by Air. small quantity provisions of § 173.4 of the HMR are excepted from the training Employees who prepare hazardous materials for transportation in accordance with the requirements in §§ 172.700-172.704. With respect to the training required by the ICAO marked, labeled, and described and certified on a shipping paper and otherwise in TI, § 171.11 authorizes the use of the ICAO TI when the hazardous material is packaged, condition for shipment as required by the ICAO TI. It is the shipment, not the shipper shipping hazardous materials under the provisions of §171.11 using the ICAO TI that has to meet all the conditions of the ICAO TI. As such, persons preparing and excepted quantity provisions are subject only to the applicable training requirements of the HMR. In the case of an excepted quantity shipment fully conforming to the provisions of §173.4 (including the marking required by §173.4(a)(10)), training would not be required. However, other competent authorities implementing the ICAO TI may require training for excepted quantity shipments. I hope this answers your inquiry. Sincerely, John A. Gale Chief, Standards Development Office of Hazardous Materials Standards 171. 11 172.704 173.414) 10) 050283#

Page 2Transportation Development -group logisticstraining.com 415 Dairy Road, PMB E234, Kahului, HI 96732 (800) 949-4834 | (800) 527-5121 FAX Boothe jim@logisticstraining.com $112.704 Saturday, November 05, 2005 317! 11, 8173.4 RSPA Office of Hazardous Materials Standards Mr. Edward T. Mazzullo 400 7th Street S.W. DHM10 training Washington, DC 20590-0001 65-0283 Dear Mr. Mazzullo: Excepted Quantity of Dangerous Goods under the ICAO excepted quantity provisions. I am requesting a clarification as to what training requirements would apply - if any, to the shipment of an It seems clear that if someone is shipped a small quantity of certain dangerous goods under the DOT Small Quantity Subpart H do not apply. The language of 173.4 states that no other requirements of "this subchapter" applies as provisions of 49 CFR 173.4, that the DOT hazmat employer/employee training requirements of 49 CFR Part 172, long as one adheres to the requirements of this section. what exactly does this mean for a shipper who elects under 171.11 to follow the ICAO provisions instead of 49 But what about ICAO? Under the ICAO excepted quantity provisions, this does NOT exempt them from training, so CFR interpretation (ref 97-1018 dated May 6, 1997) addresses the length of the recurrent training period (i.e. 3 years Does this mean they have to train their employees according to the ICAO requirement? A previous DOT according to DOT and not 2 years according to ICAO), but I don't know that this answers the question at hand subject to any DOT training requirements? And if they are, they recurrent training period would be ? years, and not For a shipper preparing and offering a shipment according to the ICAO excepted quantities exception, are they the 2 years referenced in ICAO. Thank you. Sincerely, juntuse President Jim Powell jim@logisticstraining.com 1-800-949-4834 2390 Crenshaw Blvd, Ste 513, Torrance, CA 90501 TDG Los Angeles (310) 302-0808 | FAX (310) 302-0809#