{"operation":"document","citation":"08-0021","title":"Energy Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-01-14","effective_on":null,"summary":"08-0021 response to Energy Solutions concerning 172.704, 177.816.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080021.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\nJAN 1 4 2@9\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. James H. Portsmouth\nManager\nTrafficIRegulatory Compliance\nEnergy Solutions\n2345 Stevens Drive Suite 240\nRichland, WA 99354\nRef. No.: 08-0021\nDear Mr. Portsmouth:\nThis responds to your letter regarding clarification of the driver training requirements in\n8 177.8 16 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180), as they\napply to the frequency and recordkeeping of drivers transporting hazardous materials. We\napologize for the delay in responding and hope that it has not caused any inconvenience.\nYou cite two previously written interpretations (611 8/99 and 10/11/02) which you assert\nconflict with a preamble discussion of the driver training requirements with respect to\nfrequency and recordkeeping provisions contained in the final rule, titled \"Training for Safe\nTransportation of Hazardous Materials; Revisions and Response to Petitions for\nReconsideration,\" published in the Federal Register January 22, 1993 [58 FR 58501.\nSpecifically, you ask if the training frequency and recordkeeping requirements in 4 172.704\napply to drivers trained in accordance with 49 CFR Parts 390 through 397.\nThe answer is yes. A carrier may not transport a hazardous material by motor vehicle unless\neach hazmat employee, including a driver, is trained as prescribed by Subpart H of Part 172\nof the HMR. A carrier may not transport a hazardous material unless each hazmat driver\ntrained as required by Subpart H of Part 172 is also trained in the applicable requirements of\nthe Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR Parts 390 through 397). The\ntraining prescribed in Subpart H of Part 172 must initially be completed within 90 days after\nemployment or a change in job function and recurrent training at least once every three years.\nBoth written interpretations are correct. The preamble discussion in the final rule in Docket\nHM-126F (58 FR 5851) was intended to clarify that compliance with current requirements\nfor a Commercial Driver's License (CDL) with a tank vehicle or hazmat endorsement mav\nsatisfv the training provisions of paragraphs (a) and (b) of 8 177.8 16. Additional training,\nsuch as operation of emergency control features of cargo tanks and portable tanks, as\nprescribed in paragraph (b), with respect to frequency and recordkeeping must be conducted\n\n<<<PAGE 2>>>\n\nin accordance with the requirements of $172.704, for both initial and recurrent training.\nPreamble discussion, although intended to be informative and helpful, is not used to\ndetermine compliance with the regulations.\nI hope this information is helpful. If we can be of M h e r assistance, please contact us.\nSincerely, fhd\nCharles. E. Betts\nChief, Standards Development\nof Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nJanuary 4,2008\nMs. Hattie L. itch ell\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nOffice of Hazardous Materials, Standards\n1200 New Jersey Avenue, SE East Building, 2\"d Floor\nWashington, DC 20590\nSubject: Drivers' Training Clarification\nDear Ms. Mitchell,\nI am requesting clarification on an issue that U.S. Department of Transportation (DOT) has\npresented conflicting positions concerning frequency and recordkeeping of drivers' training that\ntransport hazardous material. 49 CFR 177.8 16(a) requires drivers that transport hazardous\nmaterial to be trained to 49 CFRParts 390 through 397. The Federal RegisterIVol. 58,\nNo. 13/Friday, January 22, 1993Rules and RegulationsIPage 5851 (see Attachment 1) declares\nthat frequency and recordkeeping requirements for this does not have to meet frequency and\nrecordkeeping requirements of 49 CFR 172.704. However, in two letters of interpretations (see\nAttachments 2 and 3) dated June 18, 1999 and October 11, 2002, respectively, asserts that the\nfrequency and recordkeeping must follow 49 CFR 172.704.\nQuestion: Does 49 CFR 172.704 apply to drivers' training to 49 CFR Parts 390 through 397\nconcerning frequency and recordkeeping?\nIf you have any questions regarding this request, you can contact me at (509) 376-7164 or\n(509) 591-2932. Your clarification in this matter is appreciated.\nSincerely,\nJames H. Portsmouth, Manager\nTrafficrnegulatory Compliance\njmt\nAttachments\nEnergySolutions - JHP File/LB\n2345 Stevens Drive, Suite 240 Richland, WA 99354\n509.371.8006 Fax: 509.371.1906 1.888.532.1330 www.cnergysolulions.com","truncated":false,"body_characters":4511}