Savethesituation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department JUN 1 1 2015 1200 New Jersey Avenue SE Washington. DC 20590 Pipeline and Hazardous Administration Materials Safety Ms. Eva Glimsche savethesituation Mühlenstr. 30a 24631 Langwedel Germany Reference No. 14-0216 Dear Ms. Glimsche: This is in response to your November 6, 2014 email requesting clarification of training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI). Your questions are paraphrased and answered as follows: Q1. In order to satisfy the function specific training requirements of the HMR is it sufficient for training based on the ICAO TI to include the topics in subpart C of part 171 plus the reference to the U.S. State Variations published in the ICAO TI? Or would all differences between 49 CFR and the ICAO TI regarding air transport need to be addressed? A1. Training conducted to comply with the ICAO TI may be used to satisfy the function specific training requirements set forth in § 172.704 to the extent that such training addresses functions authorized by subpart C of part 171. Differences between the HMR and the ICAO TI that are not specifically addressed in subpart C of 171 or in U.S. State Variations in the ICAO TI are not required to be covered to comply with the requirements of § 172.704. Q2. Is a person who receives training based on the ICAO TI, to include the topics in subpart C plus the reference to the State Variations published in the ICAO TI, required to know about combustible liquids? A2. No. See Al above. As combustible liquids are not mentioned by name or by reference in either subpart C of part 171 or in the U.S. State Variations of the ICAO TI, no training on this topic would be required#

Page 2Q3. Is a training certification completed in accordance with the ICAO TI requirements sutticient to provide proof of the function-specific training required by § 172.704(a)(2)? Or would a certification completed in accordance with the ICAO TI requirements need to have additional text entered giving reference to § 172.704? A3. A record of training must be maintained for each hazmat employee under § 172.704(d). Certification of training is one element of this training record. Section 172.704(d)(3) requires a description, copy, or the location of the training materials used to meet the requirements in §172.704(a) to be a part of the hazmat employee's record. This requirement is similar to the requirement found in the ICAO TI. Regardless of the method chosen to comply with the requirement in § 172.704(d)(3), examination of information in the training record should indicate the training sufficiently addressed the areas required (e.g. function specific, subpart C of part 171, U.S. State Variations). I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Duane 1.79f 1 Duane A. Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 3• Webb $172704 Dodd, Alice (PHMSA) 14-0218 Irauner From: Ciccarone, Michael CTR (PHMSA) Sent: Thursday, November 06, 2014 3:03 PM To: Hazmat Interps Subject: FW: Training Requirements $172.704 Shante/Alice, Please submit Ms. Glimsche's original email for a formal letter of interpretation. Thanks, Mike From: Eva Glimsche [mailto:eva@savethesituation.de] Sent: Thursday, November 06, 2014 6:39 AM To: Rivera, Jordan CTR (PHMSA) Subject: Re: Training Requirements §172.704 Dear Jordan, thanks for your email and the letter of interpretation. But the letter of interpretation does not answer the question whether an ICAO TI training that covers the State variations of the USA is sufficient. Or whether specifics like combustible liquids need to be covered also. And whether the ICAO TI DR Training Certificate needs to include a statement to the effect that specifics according to 49CFR were covered Please look into this again and for our trainer team it is important to get an answer to these questions in writing because we need to inform our customers about the outcome. Thanks and best regards Eva savethesituation Mobil 0171 - 4958177 Eva Glimsche - Mühlenstr. 30a - 24631 Langwedel www.savethesituation.de eva@savethesituation.de Am 04.11.2014 um 23:24 schrieb jordan.rivera.ctr@,dot.gov:#

Page 4Dear Eva, We have received your inquiry to the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) Hazardous Materials Information Center (HMIC). The HMIC provides information on the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180. The HMR establish regulatory requirements pertaining to the safe and secure transportation of hazardous materials by rail, . aircraft, motor vehicle, or vessel. If you require information on the HMR, you may contact the HMIC, which is staffed with reguiatory specialists who can quickly answer your questions by phone, Monday through Friday, 9 AM - 5 PM EST at 1-800-467-4922 or (202) 366-4488. Based on your inquiry, you may be interested in the following URL: http://www.phmsa.dot.gov/staticfiles/PHMSA/Interpretations/2009/090240.pdf Sincerely, Jordan, Hazardous Materials Specialist An e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance with 49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps From: Eva Glimsche [mailto:eva@savethesituation.de] To: INFOCNTR (PHMSA) Sent: Tuesday, November 04, 2014 2:31 PM Subject: Training Requirements §172.704 Dear Sir or Madam, I require a written interpretation regarding Training Requirements stated in §172.704. # be provided to the extent such training addresses functions authorized in subpart C of part 171 of this In §172.704 (a)(2)(ii) it reads that training relating to the requirements of the ICAO Technical Instructions may subchapter. Now my question whether it is sufficient for a training based on the ICAO TIs to include the topics in subpart C plus the reference to the State Variations published in the ICAO TIs or whether all differences between 49 CFR and ICAO TI regarding air transport need to be addressed. Very specifically I would like to know whether a person who gets ICAO TI training also needs to know about combustible liquids. And do you regard a certificate according to ICAO TI as sufficient to provide proof of this function-specific training? Or would the certificate according to ICAO TI need to have an additional text entered giving reterence to §172.704? Looking forward to hearing from you! Best regards Eva 2#

Page 5savethesituation Mobile + 49 - 171 - 4958177 Eva Glimsche - Mühlenstr. 30a - 24631 Langwedel - Germany www.savethesituation.de eva@savethesituation.de#