{"operation":"document","citation":"13-0132","title":"Maine Department of Transportation Environmental Office — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-08-29","effective_on":null,"summary":"13-0132 response to Maine Department of Transportation Environmental Office concerning 176.83, 176.89.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0132.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0132.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0132","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130132.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. Dwight Doughty, Jr.\nMaine Department of Transportation\nEnvironmental Office\nState House Station 16\nAugusta, ME 04333\n1200 New Jersey Avenue. SE\nWashington, D.C. 20590\nAUG 2 9 2013\nRef No. 13-0132\nDear Mr. Doughty:\nThis responds to your June 12, 2013 request for clarification regarding hazmat training\nrequirements for ferry vessel employees under the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). Specifically, you ask if the hazmat training requirements apply to\nvessel employees assisting in the positioning oftransport vehicles carrying hazardous\nmaterials.\nAccording to your letter, state ferry employees assist with positioning transport vehicles onto\nferries, based on the size and weight of each transport vehicle. The employees do not handle,\nmanage, load, unload, or prepare paperwork for the hazardous materials carried by any\ntransport vehicle. You ask whether state ferry employees who assist in the positioning of\ntransport vehicles carrying hazardous materials are \"hazmat employees\" as defined in § 171.8.\nThe HMR defines a hazmat employee as a person who, in the course of employment, directly\naffects hazardous materials transportation safety. The definition includes a person who is\nresponsible for safety of transporting hazardous materials.\nTransport vehicles carrying hazmat on a ferry vessel must be positioned in accordance with\nthe segregation requirements of§ 176.83. Pursuant to § 176.89(a)(2), a \"vessel\nrepresentative\" must direct placement of such transport vehicles.\nState ferry employees who position transport vehicles carrying hazmat to comply with\n§ 176.83, or direct placement of such transport vehicles as required by§ 176.89(a)(2), directly\naffect hazardous materials safety and bear responsibility for the safe transpmiation of\nhazardous materials. Such employees are \"hazmat employees\" and are subject to the training\nrequirements of§§ 172.700-704.\nI hope this answers your inquiry. If you need additional assistance, please call this office at\n(202) 366-8553.\nSincerely,\n7~<5~\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nMonday, June 24, 2013 9:48AM\nDrakeford, Carolyn (PHMSA)\nFW: HazMat Employee Training\nHi Carolyn,\nIs this letter in the database?\nThanks,\nVictoria\nThis caller requested we submit this e-mail as a formal interp request. This caller spoke at length with Steve Webb about\nFrom: INFOCNTR (PHMSA)\nSent: Wednesday, June 12, 2013 4:51 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: HazMat Employee Training\nHi Carolyn,\nthis issue.\nThanks,\nVictoria\nFrom: Doughty, Dwight [mailto:Dwight.Doughty@maine.gov]\nSent: Wednesday, June 12, 2013 3:15 PM\nTo: INFOCNTR (PHMSA)\nSubject: HazMat Employee Training\nHello-\nCan you please provide insight relative whether state employees operating Ferry Vessels between the mainland and\nvarious islands along the Maine coast are defined as HazMat employees when transport vehicles roll on carrying\nhazardous materials? In 176.88- Applicability, it is suggested that the subpart is applicable to the transport vehicle;\nmuch of Subpart E appears to deal specifically with requirements for the transport vehicle while on board the\nvessel. With respect to our on-board employees, they assist with the positioning of the transport vehicle based on size\nand weight. They do not handle, manage, load/off-load or prepare paperwork for the hazardous material carried by the\ntransport vehicle.\nThank you in advance for your prompt response.\nDwight Doughty, Jr.\nDivision Manag r\nMaineDOT Grou dwater and Hazardous Waste Division\n(207) 592-6646\n1\n---\n---------~·\n\n<<<PAGE 3>>>\n\nBoothe, Deborah (PHMSA)\nFrom:\nSent:\nTo:\nWebb, Steven (PHMSA)\nThursday, June 27, 2013 9:20AM\nBoothe, Deborah (PHMSA)\nSubject: RE: New lnterp\n1 remember talking to this gentleman quite well, as we had opinions that were almost exactly opposites of each\nother. While he, and you are correct that subpart E consists of requirements for transport vehicles containing\nhazardous materials being transported on board ferry vessels, that fact does not overrule the fact that when hazmat is in\na car and placed on board a ferry, that ferry is in commerce and is subject to the HMR, see 98-0605 and §176.1 which\nstates this part prescribes requirements in addition to those contained in 171, 172, and 173 of this subchapter. So if you\nagree that the requirements in 176 are simply additional requirements to the others in the book, training requirements\napply if applicable. In this case if the person is a hazmat employee he needs training. He was careful in the wording of\nhis question, and I think we need to be equally careful in our response. When he called he was convinced none of his\nemployees needed training. The argument for the captain of the ferry to need training is almost a given. Once the cars\nare on the ferry there is no one else that can control what happens to the hazmat (ie if the captain runs the ferry into\nsomething). The crew on the ferry questions is a little more complicated. I'm ok with a response that says as long as\nthey don't perform any function that impacts hazardous materials transportation safety they don't need training. For\nexample if the crew positioning vehicles was doing so to comply with segregation requirements in§ 176.83 then I would\nargue they are hazmat employees, ifthey are simply parking the cars as they come in and not having to deal with\nsegregation, then they would not be hazmat employees. Hope that helps. I'm in tomorrow if you want to talk about it\na bit in person.\nSteve Webb\nTransportation Specialist- International Standards\nPipeline & Hazardous Materials Safety Administration (PHMSA) -U.S. DOT\nOffice of Hazardous Materials Standards\n1200 New Jersey Avenue S.E., E24-422, Washington D.C. 20590\nE24-422\nsteven. webb@dot.gov\n202-366-4579\nFrom: Boothe, Deborah (PHMSA)\nSent: Thursday, June 27, 2013 8:46 AM\nTo: Webb, Steven (PHMSA)\nSubject: New Interp\nGood morning Steve!\nI've been assigned the interp below. Can you please give me a summary of what you and Mr Doughty discussed?!\nThanks Steve! I'm tele today.\nHave a great day!\nDebbie\nFrom: Boothe, Deborah (PHMSA)\nSent: Monday, June 24, 2013 2:53 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: RE: HazMat Employee Training\n1\n\n<<<PAGE 4>>>\n\nDwight Doughty, Jr.\nDivision Manager\nMaineDOT Groundwater and Hazardous Waste Division\n(207) 592-6646\n3","truncated":false,"body_characters":6545}