{"operation":"document","citation":"17-0100","title":"Lockhead Martin Aeronautics Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-02-08","effective_on":null,"summary":"17-0100 response to Lockhead Martin Aeronautics Company concerning 171.22, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0100.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0100.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0100","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57251/170100.pdf","body":"<<>>\n\nLockheed Martin Aeronautics Company\n1 Lockheed Blvd M/Z: 6899\nFort Worth, TX 76101\nRefererice No. 17-0100\nDear Ms. Stokes:\nThis letter is in response to your September 11, 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to training\nrequirements. Specifically, you ask if a person located outside the United States who offers a\nshipment from a foreign location for transportation to the United States in accordance with an\ninternational standard recognized by the HMR is subject to the training requirements in\nSubpart H of Part 172. In addition, you reference a letter of interpretation previously issued\nunder Reference No. 14-0104.\nThe answer is yes. Section 171.22(g) prescribes additional requirements for the use of\ninternational standards for shipments offered for transportation or transported in the United\nStates, to include shipments originating in a foreign location and transported to the United States.\nPer § 171.22(g)(2), the training requirements in Subpart H of Part 172, including\nfunction-specific training, must be satisfied. As stated in Reference No. 14-0104, training\nconducted to comply with the International Civil Aviation Organization's Technical Instructions\nfor the Safe Transport of Dangerous Goods by Air or the International Maritime Dangerous\nGoods Code may be used to satisfy the training requirements set forth in § 172.704, to the extent\nthat such training addresses the training components specified in § 172.704(a). See 49 CFR\n§ 172.704(a)(2)(ii). It is not necessary to duplicate training in the areas prescribed in\n§ 172.704(a) that correspond with the training requirements in an authorized international\nstandard. However, the employer or self-employed person must provide additional training to\nemployees performing covered functions for any training components required by the HMR that\nwere not previously addressed.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nPlane A PA1\nDuane A. Pfund\nInternational Program Coordinator\nStandards and Rulemaking Division\n\n<<>>\n\nPlease log the below for processing as an interp\nAaron is familiar with the issue and should get the assignment - I'd like to work with him on the response.\nFrom: Stokes, Rebecca L [mailto:rebecca.l.stokes@lmco.com]\nSent: Thursday, September 14, 2017 2:30 PM\nTo: Kelley, Shane (PHMSA) \nSubject: RE: HM/DG Training For Nevatim Air Base Personnel Performing Hazmat Packaging/Shipping Tasks On Behalf Of\nShane -\nYes I concur with the way you have worded the question. Thank you again!\nBest Regards,\nBecky\nDangerous Goods Compliance & Transportation Safety Specialist, Lead\n817-777-8303\nFrom: Kelley, Shane (PHMSA) [mailto:shane.kelley@dot.gov]\nSent: Thursday, September 14, 2017 11:45 AM\nTo: Stokes, Rebecca L (US) \nSubject: EXTERNAL: RE: HM/DG Training For Nevatim Air Base Personnel Performing Hazmat Packaging/Shipping Tasks\nOn Behalf Of LM Aero\nCertainly. So that we have a clear question that we can use as a basis for an interpretation, would the following\naccurately characterize your question?\nQuestion: Is a person located outside the United States who offers a shipment from a foreign location for transportation\nto the United States in accordance with an international standard recognized by the U.S. HMR (for example the ICAO\nTechnical Instructions) subject to Part 172 training requirements?\nFrom: Stokes, Rebecca L [mailto:rebecca.l.stokes@|mco.com]\nSent: Thursday, September 14, 2017 9:21 AM\nTo: Kelley, Shane (PHMSA) \nSubject: RE: HM/DG Training For Nevatim Air Base Personnel Performing Hazmat Packaging/Shipping Tasks On Behalf Of\nLM Aero\n1\n\n<<>>\n\nFrom: Kelley, Shane (PHMSA) [mailto:shane.kelley@dot.gov]\nSent: Monday, September 11, 2017 3:06 PM\nTo: Stokes, Rebecca L (US) \nSubject: EXTERNAL: RE: HM/DG Training For Nevatim Air Base Personnel Performing Hazmat Packaging/Shipping Tasks\nOn Behalf Of LM Aero\nHi Rebecca,\nThank you so much, I have received this and am working a response in coordination with our regulations specialists. I'll\nbe back in touch soonest.\nBest\nShane\nFrom: Stokes, Rebecca L [mailto:rebecca.l.stokes@lmco.com]\nSent: Monday, September 11, 2017 3:18 PM\nTo: Kelley, Shane (PHMSA) \nSubject: FW: HM/DG Training For Nevatim Air Base Personnel Performing Hazmat Packaging/Shipping Tasks On Behalf\nOf LM Aero\nGood Afternoon Shane -\nI'm Rebecca L. Stokes with Lockheed Martin Aeronautics in Fort Worth, Texas and I met you last\nThursday night at the Labelmaster Fest, we discussed the LOI regarding training required\noverseas and also discussed on how Lockheed Martin can help make potential changes for the\nmovement of our lithium ion batteries if Lockheed were able to bring in our corporate contacts\nthat go to the Hill.\nIn our discussion, I wanted more clarification on how PHMSA communicates out globally to\ncountries shipping to the United States that they need to comply with 49CFR training? In\naddition, below is some correspondence regarding my disagreement with my co-worker I feel\nthat we can comply with additional training requirements that CFR calls out but a full 3-day\n49CFR course that we take here within the United States is unnecessary. Please let me know\nwhat you think.\n2\n\n<<>>\n\nSent: Wednesday, August 02, 2017 2:34 PM\nTo: Stokes, Rebecca L (US) ; Spicer, Rachael F (US) ; Nemitz,\nMichael P (US) \nSubject: HM/DG Training For Nevatim Air Base Personnel Performing Hazmat Packaging/Shipping Tasks On Behalf Of LM\nAero\nBecky/Rachael, I am following up on the topic of HM/DG training requirements for personnel at Nevatim Air\nBase performing HM/DG packaging/shipping tasks on behalf of LM Aero, because it appeared to me during\nthis morning's meeting that ESH and y'all may not be on exactly the same page regarding minimum hazmat\ntransportation-related training requirements. Specifically, you both appeared to take exception to my\nstatement regarding 49CFR HMR training being applicable/required for Nevatim base personnel shipping\nHM/DG on behalf of LM Aero IN ADDITION TO IATA DGR training requirements. From this morning's\ndiscussion, It appeared to me that there was not a plan in place to include 49CFR HMR training along with\nIATA DR training for DSV or other personnel going forward. Therefore, the following short list is provided of\nreasons why Israel Nevatim Air Base personnel shipping Hazardous Materials/Dangerous Goods into the U.S.\non behalf of LM Aeronautics Company must complete applicable USDOT 49CFR Hazardous Materials\nRegulations (HMR) training IN ADDITION TO other modal (e.g., IATA DR, IMDG Code) HM/DG training.\n• See attached DOT Letter Of Interpretation 14-0104 regarding \"HMR training requirements applicable to\npersons who perform a covered function for hazardous materials transported in commerce to, from and\nwithin the U.S.\"... \"Training conducted to comply with the ICAO Technical Instructions or the IMDG\nCode may be used to satisfy the training requirements set forth in 172.704 (see 172.704(a)(2)(ii) and\nalso 171.22(g)(2)) to the extent that such training addresses the training components specified in\n172.704(a). Where this training does not satisfy the HMR, the employer or self-employed person\nmust provide additional training to employees performing covered functions to comply with the\nHMR\n• 'Additional training' that would be applicable to Israel base personnel shipping HM/DG to the U.S. and\nthat would typically be beyond the extent that IATA DR training would satisfy all applicable 49CFR\nHMR training is addressed in several 49CFR cites and other documents (e.g., Approvals, Special\nPermits, etc.) which include (not limited to):\n49CFR 172.704 requirements that are not otherwise covered in a generic (e.g., Lion\nTechnology) IATA DGR air transportation course\n• 49CFR 171.22\n• ER Info requirements per Part 172 Subpart G\n• Training requirements per Part 172 Subpart H which include function-specific\nrequirements in use of applicable USDOT Competent Authority Approvals, USDOT\nSpecial Permits, etc.\n• Security requirements per Part 172 Subpart I which include LM Aero Hazardous\nMaterials Transportation Security Plan training as applicable based on DG shipped\n• Incident Reporting requirements per 171.15 & 171.16 (includes undeclared HM)\n• LM Aero HM Registration Certificate per Part 107 Subpart G\n• 49CFR 173.24 USDOT General Packaging requirements\n3\n\n<<>>\n\nmeet an incomplete/minimum training standard.\nMike, the above information regarding 49CFR HMR training requirements being applicable to folks shipping\nHM/DG into U.S. on behalf of LM Aero, does not only apply to Israel.\nThanks for including me in this morning's Skype meeting/conference call. Please include me in future such\nmeetings/calls.\nThanks, Mike Fiddes\nDOT/IATA Compliance, Transportation Safety, Explosives Safety\nEnvironment, Safety & Health\nLockheed Martin Aeronautics Company\n817-777-6490\n817-584-8680 (cellular)\nLOCKHEED\norgas eido were mortior tor\nMARTIN","truncated":false,"body_characters":9210}