{"operation":"document","citation":"11-0013","title":"Transportation Management Group, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-03-17","effective_on":null,"summary":"11-0013 response to Transportation Management Group, Inc. concerning 171.22, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0013","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110013.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration MAR 1 72C:1\n1200 New Jersey Ave. SE\nWashington. D.C. 20590\nMr. John M. Domutz\nManager, Detroit Office\nAttn: Mr. Tim Wagner/John Domutz\nTransportation Management Group, Inc.\n15400 Pearl Road, Suite #200\nStrongsville, OH 44136\nReference No. 11-0013\nDear Mr. Domutz:\nThis is in response to your January 18, 20 II e-mail to Mr. Shane Kelley, International Standards\nBranch, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety\nAdministration. You ask what time period the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180) authorize for recurrent hazardous materials training under the International\nMaritime Dangerous Goods Code (IMDG Code).\nA person who uses the IMDG Code, as authorized under 49 CFR Part 171, Subpart C, for the\ntransport of hazardous materials, must be re-trained at least once every three years in accordance\nwith § I72.704(c). Under § 171.22(g)(2) of the HMR, a person who performs a covered function\nfor hazardous materials shipments offered for transportation or transported in the United States\nmust comply with the training requirements in 49 CFR Part 172, Subpart H, as applicable,\nincluding function-specific training in the use of the international transport standards and\nregulations authorized in § 171.22(a), such as the IMDG Code. In addition, § 1.3.1.1 of the\nIMDG Code states shore-based employees that are involved in transporting hazardous materials\nintended for transportation by vessel must receive hazardous materials training that is\n\"commensurate with their responsibilities,\" including security training prescribed in IMDG Code\nChapter 1.4, if applicable. Section 1.3.1.1 also states that hazardous materials training must be\n\"periodically supplemented with refresher training\" that takes into account any changes to the\nregulations or in the practice of carrying them out.\nThe HMR do not prohibit recurrent training from occurring sooner than three years. Under the\ntraining requirements in the HMR, any person who performs a function subject to the HMR may\nnot perform that function unless trained in accordance with the requirements that apply to that\nfunction. A hazmat employer must ensure that each hazmat employee is thoroughly instructed in\nthe requirements that apply to functions performed by that employee. See § 172.702(b). Section\n172.704(c)(l) requires that a new hazmat employee or a hazmat employee who changes job\nfunctions must complete their hazmat training within 90 days after employment or job function\nchange. However, they may perform the job functions prior to the completion of training under\nthe direct supervision of a trained and knowledgeable hazmat employee. When this agency\nadopts a new regulation or changes an existing regulation that relates to a function performed by\na hazmat employee, the hazmat employee must be instructed in the new or revised function\n\n<<<PAGE 2>>>\n\n,\nspecific requirements as soon as possible without regard to the three-year training cycle. It is not\nnecessary to completely retrain the employee in this instance. Only instruction that is necessary\nto assure knowledge of the new or revised regulatory requirement is required.\nThis training requirement would also apply in the case of an amendment to the ICAO Technical\nInstructions or the IMDG Code when training relating to these standards has been provided as an\nalternative to function-specific training in accordance with § 172.704(a)(2)(ii) and security\ntraining programs required by other Federal or international agencies in accordance with\n§ 172. 704(b). While it is not necessary to completely retrain the hazmat employee sooner than\nthe required three-year cycle, the employee must receive the instruction necessary to ensure this\nperson is knowledgeable about the new or revised regulatory requirement.\nI hope this satisfies your request.\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: Kelley, Shane (PHMSA) Jl-Z>O J3\nSent: Wednesday, January 19, 2011 10:27 AM\nTo: Drakeford, Carolyn (PHMSA)\nCc: Betts, Charles (PHMSA); Foster, Glenn (PHMSA); Supko, Ben (PHMSA)\nSubject: Interp Request\nGood morning Carolyn,\nWould you kindly log this in as a request for interpretation?\nThank you,\nShane\nFrom: John Domutz [mailto:jdomutz@tmgihazmat.com]\nSent: Tuesday, January 18, 201111:30 PM\nTo: Kelley, Shane (PHMSA)\nSubject: RE: Note #3 from John Domutz re: IMDG Training\nDear Sir / Madam,\nWe know 171.22(g)(2) includes training requirements of Part 172 Subpart H for function-specific training in the use of\ninternational regulations, and that the time requirement for DOT recurrent training is every three years per\n172.704(c)(2). Further to this, LOI #09-0240 recommended, at minimum, a three-year period for ICAO recurrent training\nto conform with the DOT three-year requirement. Because language including IMDG recurrent training was not\nspecifically included within this LOI, we are requesting additional clarity on DOT's position regarding the time period for\nrecurrent IMDG training. Currently, persons in the regulated community are presenting varied opinions on what it\nshould be (i.e. - two years, three years, periodically as the regulations change, or none because it is not specifically\nstated), it would be very much appreciated if we could refer to the one interpretation that matters most, that of the\nDOT.\nThank you very much for yourhelp and concern In this matter.\nSpecializing in DOT, ICAO-IATA and IMDG Hazmat Training/Consulting\nJohn M, Domutz, Mgr.\nTMGI - Detroit Office\nMobile: 313-570-7977\nemail: jdomutz@tmglhazmat.com\nWeb: www.tmgihazmat.com\nThis E-mail and any of its attachments may contain TMGI proprietary information, which is' privileged, confidential, or subject to copyright belonging to\nTMGI. This E-mail is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended reCipient of this E-mail. you\nare hereby notified that any dissemination, distribution, copying. or action taken in relation to the contents of and attachments to this E-mail is strictly\nprohibited and may be unlawful. If you have received this E-mail in error, please notify the sender immediately and permanently delete the original and\nany copy of this E-mail and any printout.\n1","truncated":false,"body_characters":6422}