{"operation":"document","citation":"09-0240","title":"Dangerous Goods of America — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-07-02","effective_on":null,"summary":"09-0240 response to Dangerous Goods of America concerning 171.22, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0240.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0240.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0240","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090240.pdf","body":"<<<PAGE 1>>>\n\nU.S. Deportment of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave. SE\nWashington. D.C. 20590\nJUL 0 2 2010\nMr. Fred A. Romero\nInstructor\nDangerous Goods of America\nP.O. Box 520487\nMiami, FL 33152-0487\nReference No. 09-0240\nDem Mr. Romero:\nThis is in response to your Jetter and June 28,2010 telephone conversation with a member of my\nstaff asking if. when transporting hazardous materials by aircraft, the recurrent three-year\nhazardous materia] training requirements under the Hazardous Materials Regulations (HMR; 49\nCFR Parts J7 J-180) take precedence over the recurrent two-year hazardous material training\nrequirements under the International Civil Aviation Organization's (leAO's) Technical\nInstructions for the Transport of Dangerous Goods by Air (Technical Instructions). I apologize\nfor tbe delay in responding and any inconvenience this may have caused.\nThe Pipeline and Hazardous Materials Satety Administration's HMR training requirements apply\nto persons who perform a covered function for hazardous materials transported in commerce to,\nfrom and within the United States. This training must include general awareness, functionspecific,\nsafety, and security awareness training as specified in § 172.704(a) of the HMR.\nTraining conducted to comply with the ICAO Technical Instructions, may be used to satisfy the\ntraining requirements set forth in § 172.704 to the extent that such training addresses the training\ncomponents specified in § L72.704(a). Where this training does not satisfy the HMR, the\nemployer or self-employed person performing these tasks must provide additional training that\nsatisfies these requirements.\nThe leAO Technical Instructions provide that the recurrent hazardous materials training\nrequirements prescribed in Part L, Chapter 4, Section 4.2.3, \"must take place within 24 months of\nprevious training to ensure knowledge is current.\" Under § 171.22(g)(2) of the HMR, a person\nwho performs a covered function for hazardous materials shipments offered for transportation or\ntransported in the United States must comply with the training requirements in 49 CFR Part 172,\nSubpart H, as applicable, including function specific training in the use of the international\ntransport standards and regulations authorized in § 171.22(a), such as the ICAO Technical\nInstructions. Therefore, a person who uses the leAO Technical Instructions for the transport of\nhazardous materials, either domestically or internationally, must be re-trained at least once every\nthree years in accordance with § 172.704(c). The HMR do not prohibit recurrent training from\noccurring sooner than three years. When hazardous material training is performed for a covered\n\n<<<PAGE 2>>>\n\nfunction in confonnance with the ICAO Technical Instructions every two years, and this training\nalso satisfies the requirements in § l72.704(a), the person receiving the training is in\nconfonnance with the HMR training requirements. Please note, the HMR also require, under\n§ l71.24(a) and (b)(1), that shipments ofhazardous materials offered for or transported by\naircraft within the United States must comply with all applicable requirements in 49 CFR Parts\n171 and 175.\nI hope this satisfies your request.\nSincerely,\n'~~\nI\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n2\n\n<<<PAGE 3>>>\n\nDANGEROUS GOODS OF AMERICA ®\nPO BOX 520487 • MIAMI, FL 33152-0487 USA\nPhone (305) 871-3313 • Fax (305) 871-1388\nEdVVUJn1>b Yl\nE-mail: info@dga4u.com •\n~ '12·70f4(C!J (G)\nWeb: www.dga4u.com -\n\\\nIVa.ln IV) ~\n09- 02. 40\nOctober 22, 2009\nOffice ofHazardous Materials Standards\nPipeline and Hazardous Material Safety\nAdministration, Attn: PHH-I0, US DOT\nEast Building, 1200 New Jersey Ave. SE\nWashington, DC 20590-0001\nDear Rulemakers;\nAccording to subpart H-Training §172. 704 ( c) (2) Recurrent training is required at least once\nevery three years. However, Special Agents ofthe FAA as well as the ICAO Technical\nInstructions dictates that when offering or transporting hazardous material by air the recurrent\ntraining requirements must be at least every two years.\nPlease clarify this ruling and if available where do I find it.\nThank you kindly for your prompt reply to this matter.\nOffice & Warehouse Facility. 1651 NW Ave. Cargo Bldg. 706 • Suite 211\nMiami International Airport • Miami, FL 33126","truncated":false,"body_characters":4389}