Energy Solutions — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JAN 1 4 2@9 1200 New Jersey Ave., SE Washington, DC 20590 Mr. James H. Portsmouth Manager TrafficIRegulatory Compliance Energy Solutions 2345 Stevens Drive Suite 240 Richland, WA 99354 Ref. No.: 08-0021 Dear Mr. Portsmouth: This responds to your letter regarding clarification of the driver training requirements in 8 177.8 16 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180), as they apply to the frequency and recordkeeping of drivers transporting hazardous materials. We apologize for the delay in responding and hope that it has not caused any inconvenience. You cite two previously written interpretations (611 8/99 and 10/11/02) which you assert conflict with a preamble discussion of the driver training requirements with respect to frequency and recordkeeping provisions contained in the final rule, titled "Training for Safe Transportation of Hazardous Materials; Revisions and Response to Petitions for Reconsideration," published in the Federal Register January 22, 1993 [58 FR 58501. Specifically, you ask if the training frequency and recordkeeping requirements in 4 172.704 apply to drivers trained in accordance with 49 CFR Parts 390 through 397. The answer is yes. A carrier may not transport a hazardous material by motor vehicle unless each hazmat employee, including a driver, is trained as prescribed by Subpart H of Part 172 of the HMR. A carrier may not transport a hazardous material unless each hazmat driver trained as required by Subpart H of Part 172 is also trained in the applicable requirements of the Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR Parts 390 through 397). The training prescribed in Subpart H of Part 172 must initially be completed within 90 days after employment or a change in job function and recurrent training at least once every three years. Both written interpretations are correct. The preamble discussion in the final rule in Docket HM-126F (58 FR 5851) was intended to clarify that compliance with current requirements for a Commercial Driver's License (CDL) with a tank vehicle or hazmat endorsement mav satisfv the training provisions of paragraphs (a) and (b) of 8 177.8 16. Additional training, such as operation of emergency control features of cargo tanks and portable tanks, as prescribed in paragraph (b), with respect to frequency and recordkeeping must be conducted#

Page 2in accordance with the requirements of $172.704, for both initial and recurrent training. Preamble discussion, although intended to be informative and helpful, is not used to determine compliance with the regulations. I hope this information is helpful. If we can be of M h e r assistance, please contact us. Sincerely, fhd Charles. E. Betts Chief, Standards Development of Hazardous Materials Standards#

Page 3January 4,2008 Ms. Hattie L. itch ell U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials, Standards 1200 New Jersey Avenue, SE East Building, 2"d Floor Washington, DC 20590 Subject: Drivers' Training Clarification Dear Ms. Mitchell, I am requesting clarification on an issue that U.S. Department of Transportation (DOT) has presented conflicting positions concerning frequency and recordkeeping of drivers' training that transport hazardous material. 49 CFR 177.8 16(a) requires drivers that transport hazardous material to be trained to 49 CFRParts 390 through 397. The Federal RegisterIVol. 58, No. 13/Friday, January 22, 1993Rules and RegulationsIPage 5851 (see Attachment 1) declares that frequency and recordkeeping requirements for this does not have to meet frequency and recordkeeping requirements of 49 CFR 172.704. However, in two letters of interpretations (see Attachments 2 and 3) dated June 18, 1999 and October 11, 2002, respectively, asserts that the frequency and recordkeeping must follow 49 CFR 172.704. Question: Does 49 CFR 172.704 apply to drivers' training to 49 CFR Parts 390 through 397 concerning frequency and recordkeeping? If you have any questions regarding this request, you can contact me at (509) 376-7164 or (509) 591-2932. Your clarification in this matter is appreciated. Sincerely, James H. Portsmouth, Manager Trafficrnegulatory Compliance jmt Attachments EnergySolutions - JHP File/LB 2345 Stevens Drive, Suite 240 Richland, WA 99354 509.371.8006 Fax: 509.371.1906 1.888.532.1330 www.cnergysolulions.com#