{"operation":"document","citation":"09-0149","title":"Energy Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-07-08","effective_on":null,"summary":"09-0149 response to Energy Solutions concerning 172.704, 177.816.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0149.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0149.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0149","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090149.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nsafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nJUL 0 8 2009\nMr. James H. Portsmouth\nManager - Regulatory Compliance\nEnergy Solutions\n2345 Stevens Drive Suite 240\nRichland, WA 99354\nRef. No.: 09-0149\nDear Mr. Portsmouth:\nThis responds to your letter regarding clarification of the driver training requirements in\n5 177.816 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask if the training frequency and recordkeeping requirements in 5 172.704\napply to drivers trained in accordance with 49 CFR Parts 390 through 397.\nThe answer is yes. Pursuant to 5 177.816(a), in addition to the training requirements of\n5 177.800, no carrier may transport, or cause to be transported, a hazardous material unless\neach hazmat employee who will operate a motor vehicle has been trained in the applicable\nrequirements of Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR Parts 390\nthrough 397) and the procedures necessary for the safe operation of that inotor vehicle.\nFurther, pursuant to 5 177.816(b), each person who operates a cargo tank or a vehicle loaded\nwith a portable tank with a capacity of 1,000 gallons or more must receive training applicable\nto the requirements of the HMR and have the appropriate State-issued commercial driver's\nlicense required by 49 CFR Part 383. This training must conform to the requirements of\n5 172.704 of this subchapter with respect to frequency and recordkeeping. See 5 177.816(d)).\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nJune 15,2009\nOffice of Hazardous Materials Standards,\nPipeline and Hazardous Materials Safety Administration\nAttention: PHH- 10\nU.S. Department of Transportation\n400 7th Street, SW\nWashington, DC 20590-0001\nSubject: Frequency and Recordkeeping Requirements for Drivers to Federal Motor Carrier\nSafety Regulations\nTo Whom It May Concern:\nI am requesting clarification on the subject of frequency and recordkeeping requirements to\nFederal Motor Carrier Safety Regulations. Code of Federal Regulations (CFR), Title 49, .\nPart 177, Section 8 16(a) states drivers transporting hazardous material must be trained to the\nFederal Motor Carrier Safety Regulations (FMCSR). There remains to be some conhsion\nconcerning frequency and recordkeeping requirements for drivers who transport hazardous\nmaterial on public highway.\nQuestion: Is the frequency and recordkeeping requirements for drivers' training (who transport\nhazardous material on public highway) to 49 CFR 390 through 399 established by Hazardous\nMaterial Regulations, specifically 49 CFR 172.704?\nExample:\nA driver transports hazardous materials that required placards.\n1. Is the driver required to be training to 49 CFR 390 through 399 within 90 days after\nemployment or a change in job function a required by 49 CFR 172.704(c)(l)(ii)?\n2. Is that driver required to be trained to 49 CFR 390 through 399 every three years as\nrequired by 49 CFR 172.704(~)(2)?\n3. Are the above driver's training records required to meet recordkeeping requirements\n, within 49 CFR 172.704(d)?\nPlease provide written clarification to the questions stated above. Your clarificatio'ns would be\nappreciated. > a\n2345 Stevens Drive, Suite 240 Richland, WA 99354\n509.371.8006 Fax: 509.375.9500 www.energysolutions.com\n\n<<<PAGE 3>>>\n\nU.S. Department of Transportation\nPage 2\nJune 15,2009\nIf you have any questions or concerns regarding this request, you can contact me at\n(509) 375-9595, or on my cell phone at (509) 420-3699.\nSincerely,\nc p w w 1-\\\nJames H. Portsmouth, Manager\nTraffic ManagemenURegulatory Compliance\njmt\nEnergySolutions - J. A. Reeves\nJHP FileLB","truncated":false,"body_characters":3856}