Independent Cylinder Training — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE Materials Safety Pipeline and Hazardous Administration MAR 2 9 2016 Ms. Amy Morgan Bruecks Independent Cylinder Training 406 'S.W. 4' Street Oklahoma City, OK 73109 Reference No. 15-0213 Dear Ms. Bruecks: This letter is in response to your October 14, 2015 e-mail and letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to recurrent training requirements for hazmat employees as prescribed in § 172.704(c)(2). Specifically, you ask if hazmat employees who perform eddy current examinations of Department of Transportation (DOT) 3AL specification cylinders in conformance with the requirements prescribed in 49 CFR Appendix C to Part 180 - Eddy Current Examination with Visual Inspection for DOT 3AL Cylinders Manufactured of Aluminum Alloy 6351-T6, are required to receive recurrent hazmat training every three years as prescribed in § 172.704(c)(2). The answer is yes. Section 8 of 49 CFR Appendix C to Part 180 requires each person who performs eddy current and visual examinations, and evaluates and certifies the retest results as prescribed must be certified by the employer that he or she has been properly trained and tested to properly perform these procedures. Further, the approval letters the Pipeline and Hazardous Materials Safety Administration issues to grant individuals the authority to eddy current test a cylinder in conformance with 49 CFR Appendix C to Part 180 require each "hazmat employee," as defined in § 171.8, who performs a function subject to that approval to receive appropriate training in accordance with § 172.702. Section 172.702(a) requires a hazmat employer to ensure each of its hazmat employees is trained in conformance with the requirements prescribed in 49 CFR Part 172, Subpart H, which includes the requirement for hazmat employees to receive recurrent function-specific hazmat training every three years as specified in § 172.704. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Pasta T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 2Edmonson $172.704 Genered Training Dodd, Alice (PHMSA) 15-0213 From: Geller, Shelby CTR (PHMSA) Sent: To: Thursday, October 15, 2015 2:52 PM Hazmat Interps Subject: FW: Request for a letter of interpretation on HMR Attachments: LOI Eddy Current training requirement.pdf Importance: High Dear Shante and Alice, Forwarded is a request for a formal letter of interpretation. Thanks, Shelby From: Amy Morgan Bruecks [mailto:amy@amybruecks.com] To: PHMSA HM InfoCenter Sent: Wednesday, October 14, 2015 4:15 PM Subject: Request for a letter of interpretation on HMR Importance: High Dear Sirs/Madam, Please see attached request for letter of interpretation to the HMR. If you have any questions, please call or e-mail. Regards, Amy Morgan Bruecks Independent Cylinder Training (405) 239-2068 www.amybruecks.com 1#

Page 3Amy Iorgan Bruecks Independent Cylinder Training 406 S.W. 4th Stree www.amybruecks.com Oklahoma City, OK 7310% Phone: (405) 239-2068 amy@amybruecks.com Fax: (405) 236-5425 October 14, 2015 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 RE: Recurrent training requirements for Eddy Current Testing To Whom It May Concern: I am requesting interpretation of the Eddy Current Training requirements found in 49 CFR Appendix C to Part 180—Eddy Current Examination with Visual Inspection for DOT 3AL Cylinders Manufactured of Aluminum Alloy 6351-T6. The general training requirements for all hazmat employees is per 49 CFR$172.704 Training requirements: (c)(2) Recurrent training. A hazmat employee must receive the training required by this subpart at least once every three years. There does not appear to be a reference to the above quoted 49CFR 172.704(c)(2) in 49CFR 180 Appendix C paragraph: 8. Personnel Qualification Requirements. Each person who performs eddy current and visual examinations, and evaluates and certifies retest results must be certified by the employer that he/she has been properly trained and tested in the eddy current and visual examination procedures. My question is, does the eddy current training requirement also fall under the 49 CFR 172.704 (c)(2) 3 year recurrent training requirement? Thank you for your assistance in this matter. Respectfully submitted, Amy Miloger Bruecks Amy Morgan Bruecks Independent Cylinder Training#