Dangerous Goods of America — Hazardous Materials Safety Interpretation

Page 1U.S. Deportment of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. SE Washington. D.C. 20590 JUL 0 2 2010 Mr. Fred A. Romero Instructor Dangerous Goods of America P.O. Box 520487 Miami, FL 33152-0487 Reference No. 09-0240 Dem Mr. Romero: This is in response to your Jetter and June 28,2010 telephone conversation with a member of my staff asking if. when transporting hazardous materials by aircraft, the recurrent three-year hazardous materia] training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts J7 J-180) take precedence over the recurrent two-year hazardous material training requirements under the International Civil Aviation Organization's (leAO's) Technical Instructions for the Transport of Dangerous Goods by Air (Technical Instructions). I apologize for tbe delay in responding and any inconvenience this may have caused. The Pipeline and Hazardous Materials Satety Administration's HMR training requirements apply to persons who perform a covered function for hazardous materials transported in commerce to, from and within the United States. This training must include general awareness, functionspecific, safety, and security awareness training as specified in § 172.704(a) of the HMR. Training conducted to comply with the ICAO Technical Instructions, may be used to satisfy the training requirements set forth in § 172.704 to the extent that such training addresses the training components specified in § L72.704(a). Where this training does not satisfy the HMR, the employer or self-employed person performing these tasks must provide additional training that satisfies these requirements. The leAO Technical Instructions provide that the recurrent hazardous materials training requirements prescribed in Part L, Chapter 4, Section 4.2.3, "must take place within 24 months of previous training to ensure knowledge is current." Under § 171.22(g)(2) of the HMR, a person who performs a covered function for hazardous materials shipments offered for transportation or transported in the United States must comply with the training requirements in 49 CFR Part 172, Subpart H, as applicable, including function specific training in the use of the international transport standards and regulations authorized in § 171.22(a), such as the ICAO Technical Instructions. Therefore, a person who uses the leAO Technical Instructions for the transport of hazardous materials, either domestically or internationally, must be re-trained at least once every three years in accordance with § 172.704(c). The HMR do not prohibit recurrent training from occurring sooner than three years. When hazardous material training is performed for a covered#

Page 2function in confonnance with the ICAO Technical Instructions every two years, and this training also satisfies the requirements in § l72.704(a), the person receiving the training is in confonnance with the HMR training requirements. Please note, the HMR also require, under § l71.24(a) and (b)(1), that shipments ofhazardous materials offered for or transported by aircraft within the United States must comply with all applicable requirements in 49 CFR Parts 171 and 175. I hope this satisfies your request. Sincerely, '~~ I Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 2#

Page 3DANGEROUS GOODS OF AMERICA ® PO BOX 520487 • MIAMI, FL 33152-0487 USA Phone (305) 871-3313 • Fax (305) 871-1388 EdVVUJn1>b Yl E-mail: info@dga4u.com • ~ '12·70f4(C!J (G) Web: www.dga4u.com - \ IVa.ln IV) ~ 09- 02. 40 October 22, 2009 Office ofHazardous Materials Standards Pipeline and Hazardous Material Safety Administration, Attn: PHH-I0, US DOT East Building, 1200 New Jersey Ave. SE Washington, DC 20590-0001 Dear Rulemakers; According to subpart H-Training §172. 704 ( c) (2) Recurrent training is required at least once every three years. However, Special Agents ofthe FAA as well as the ICAO Technical Instructions dictates that when offering or transporting hazardous material by air the recurrent training requirements must be at least every two years. Please clarify this ruling and if available where do I find it. Thank you kindly for your prompt reply to this matter. Office & Warehouse Facility. 1651 NW Ave. Cargo Bldg. 706 • Suite 211 Miami International Airport • Miami, FL 33126#