HQ U.S. Army Europe Safety (AECS-S) — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 AUG 1 5 2019 Mr. Donald V. Paglioni Deputy Safety Director HQ U.S. Army Europe Safety (AECS-S) Unit 29352 Box 108 APO AE 09014 Reference No. 19-0069 Dear Mr. Schwarz: This letter is in response to your May 29, 2019, emailed memorandum, and July 31, 2019, email and phone call with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to training. Specifically, you ask whether the HMR permits a German-licensed United States (U.S.) Army Schoolhouse to teach a European Hazardous Material Driver Course to U.S. Army personnel on military installations in the continental U.S. (CONUS), and to issue European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) driver's licenses upon successful completion of this course. This Office does not review or certify training programs. However, as the Competent Authority for the U.S. within the U.S. Department of Transportation for purposes of the HMR, we hereby inform you that our Office does not have any objections against ADR Dangerous Goods Driver Training (Hazardous Material Driver Training Course HAZ 11 ), as authorized and certified by the German Federal Ministry of Defense, being provided to members of the U.S. Army in the territory of the U.S. The provisions of the HMR apply to the transportation of a hazardous material in commerce and each person who offers and/or transports a hazardous material in commerce in the jurisdiction of the U.S. (see § 171. l(c) and the definition of "commerce" in § 171.8). The ADR applies to dangerous goods transported internationally in road vehicles among European countries that agree by contract to comply with its provisions; thus, the ADR is not subject to the HMR. I hope this information is helpfuL Please contact us if we can be of further assistance. Sincerely, ~#~~ T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2cc: Mr. Michael B. Schwarz Director, Safety Office Headquarters, United States Anny Europe Command Dangerous Goods Advisor Lucius D. Clay Kaseme 65205 Wiesbaden GERMANY#

Page 3Dodd, Alice (PHMSA) From: Sent: To: Cc: Subject: Attachments: Kelley, Shane (PHMSA) Tuesday, June 04, 2019 10:54 AM Hazmat Interps Webb, Steven (PHMSA) Fwd: DOT Approval Request DOT MEMO.pdf Please assign as an interp and please ask the drafter to work with Steven Webb. Thank you From: Burger, Donald (PHMSA) <donald.burger@dot.gov> Sent: Tuesday, June 4, 2019 10:32 AM To: Kelley, Shane (PHMSA); Pfund, Duane (PHMSA); Klinger, Patricia (PHMSA) Cc: Paquet, Ryan (PHMSA) Subject: FW: DOT Approval Request This came to us in PHH-31, but it is not in our area of purview. Any ideas on how we (PHMSA) should handle this? It is definitely not something that we in Permits and Approvals would handle. Don B -----Original Message----- From: Eckenrode, Andrew (PHMSA) Sent: Thursday, May 30, 2019 10:10 AM To: Burger, Donald (PHMSA) <donald.burger@dot.gov> Subject: FW: DOT Approval Request Thoughts on how to handle the attached memo from the DOD? I don't think they need "approval" from PHMSA for the described activity; however, I didn't want to rattle off an email saying so much without getting your input. Thanks! Andrew -----Original Message----- From: Paglioni, Donald Vincent (Don) CIV USARMY USAREUR (USA) [mailto:donald.v.paglioni.civ@mail.mil] Sent: Thursday, May 30, 2019 9:54 AM To: Eckenrode, Andrew (PHMSA) <andrew.eckenrode@dot.gov> Subject: DOT Approval Request Andrew, Per our conversation, attached is the memorandum that was discussed. Appreciate any assistance in this matter.#

Page 4Vr, Don Donald V. Paglioni Deputy Safety Director HQ USAREUR Safety (AECS-S) Unit 29351 Box 108 APO AE 09014 ffl DSN: 314-537-0392 ~ Comm: +49 (0) 611-143-537-0392 ! Cell: +49 (0) 1523-681-7190 ~ NIRPERNET: donald.v.paglioni.civ@mail.mil ~ SIPERNET: donald.v.paglioni.civ@mail.smil.mil To call Comm/Cell from outside Germany, di. al +49 and drop the 0 2#

Page 5Headquarters United States Army Europe Wiesbaden, Germany Headquarters United States Army Installation Management Command, Europe Region Sembach, Germany Army in Europe Regulation 55-4* 11 October 2016 Transportation and Travel Safe Movement of Hazardous Goods by Surface Modes *This regulation supersedes AE Regulation 55-4, 13 April 2015. For the Commander: MARKUS T. LAUBENTHAL Brigadier General, GS Chief of Staff Official: DWAYNEJ. VIERGUTZ Chief, Army in Europe Document Management Summary. This regulation- • Assigns responsibilities and prescribes policy and procedures for transporting DOD hazardous material (HAZMA T) and hazardous waste (HW) in the European theater. • Defines specifications of vehicles and transport units authorized to move HAZMA T and HW over public roads. • Defines preparation and documentation requirements for transporting HAZMA T and HW by road or rail when the HAZMAT and HW will also be transported by sea or air. • Is based on the 2015 Accord Europeen Relatif au Transport International des Marchandises Dangereuses par Route (ADR) (European Agreement Concerning the International Carriage of Dangerous Goods by Road) and the 2015 Reglement Concernant le Transport International des Marchandises Dangereuses (RID) (European Regulation Concerning the International Carriage of Dangerous Goods by Rail). NOTE: Host countries may specify more stringent procedures that will take precedence over the procedures in this regulation. Commands with operational responsibility in affected areas will report these procedures to the Mobility Operations Division, Office of the Deputy Chief of Staff, G4, HQ USAREUR, to include in this regulation. 1 AE Reg 55-4 • 11 Oct 16#

Page 6• Adds the stipulation that while on a military installation, items in compatibility group G, other than fireworks and those requiring special handling, may be loaded and transported with other explosive articles of compatibility groups C, D, and E, provided that explosive substances (such as those not contained in articles) are not carried in the same transport vehicle (para 341(5)). • Changes Security Risk Codes to CIICs (para 45c). • Provides the host-nation emergency telephone number to use throughout Europe (para B- lk(l)). • Changes "material safety datasheet (MSD)" to "safety datasheet (SDS)" throughout the regulation. Applicability. This regulation applies to Army activities and organizations located or operating in Europe. It does not apply to operations in the restricted areas of aerial ports or flight lines. Records Management. Records created as a result of processes prescribed by this regulation must be identified, maintained, and disposed of according to AR 25-400-2, Record titles and descriptions are on the Army Records Information Management System website at https:// www.arims.army.mil/. Supplementation. Organizations will not supplement this regulation without approval by the Mobility Operations Division, Office of the Deputy Chief of Staff, G4, HQ USAREUR. Forms. This regulation prescribes AE Form 55-4A. AE and higher level forms are available through the Army in Europe Library & Publishing System (AEPUBS) at http:// www.eur.army.mil/aepubs/. Suggested Improvements. The proponent of this regulation is the Mobility Operations Division, Office of the Deputy Chief of Staff, G4, HQ USAREUR (mil 537-4523). Users may suggest improvements to this regulation by sending DA Form 2028 to the USAREUR G4 (AELG-M), Unit 29351 , Box 102, APO AE 09014-2935. Distribution. This publication is available only electronically and is posted in AEPUBS at http://www. eur. army. millaepubsl. CONTENTS SECTION I GENERAL 1. Purpose 2. References 3. Explanation of Abbreviations and Terms 4. Responsibilities 5. Functional Responsibilities 6. Additional Functional Responsibilities of the Driver 3 AE Reg 55-4 • 11 Oct 16#

Page 7SECTION II TRAINING 7. General Training Requirements 8. Hazardous Material Driver Training Course (HAZ 11) 9. Technical Transportation of Hazardous Materials (HAZ 12, Ammo 62, A-4E-3008, and 02RR) 10. European HAZMA T Certification Course (Road and Rail) (HAZ 15) 11. Appointment of ADR Certificate of Approval Certifying Officials 12. Training of ADR Certificate of Approval Inspectors 13. International Convention for Safe Containers (CSC) Inspectors Training SECTION III USE OF THE ADR, RID, AND ADN FOR THE MOVEMENT OF HAZARDOUS MATERIAL AND HAZARDOUS WASTE ON EUROPEAN ROADS, RAILROAD LINES, AND INLAND WATERWAYS 14. General 15. Structure oftheADR, RID, andADN 16. Dangerous Goods List (ADR 3.2.1 , Table A) 17. Marking of Vehicles and Trailers, Railcars, and Inland Waterway Transport Units with Orange- Colored Warning Plates (ADR 5.3.2.1.) and Placards 18. UN Packaging Performance Specifications 19. Determining What Is or Is Not a Hazardous Goods Shipment 20. High Consequence Dangerous Goods (ADR 1.10.3) SECTION IV DOCUMENTATION AND VEillCLE EQUIPMENT AND SAFETY ITEMS 21 . General 22. Documentation 23. Equipment and Safety Items SECTIONV ADR CERTIFICATE OF APPROVAL PROGRAM AND CONTAINER CERTIFICATION 24. General 25. Maintenance Requirements for Military Vehicles and Trailers Moving Hazard Class 1.4s, 2, 4 through 9, and Exempted Small Quantities 26. Identification of Vehicles Moving Hazard Class 1 and Hazard Class 3 Bulk Fuel to be Certified under the ADR Certificate of Approval Program 27. ADR Certificate of Approval 28. Initial Inspection 29. Annual Recertification Inspection 30. Disposition of the ADR Certificate of Approval 31. Container Inspection and Certification 4 AE Reg 55-4 • 11 Oct 16#

Page 8SECTION VI TRANSPORTATION OF HAZARD CLASS 1 32. Vehicles and Trailers Capable of Transporting Hazard Class 1 33. Vehicle and Trailer Inspection at Ammunition Loading and Unloading Sites Using DD Form 626 34. Additional Requirements for the Transport of Hazard Class 1 35. Mixed Loading of Hazard Class 1 with Other Label Numbers (ADR 7.5.2.1) 36. Mixed Loading of Hazard Class 1 with Other Compatibility Groups (ADR 7.5.2.2) 37. Limitations of Explosive Substances and Articles (ADR 7.5.5.2.1) 38. Shipment Preparation 39. Completing Block 14 of DD Form 2890 for Hazard Class 1 40. Hazard Class 1 Transport Unit and Container Placarding 41. Transporting Hazard Class 1 by Rail 42. Hazard Class 1 Rail Loading and Unloading 43. Placarding of Hazard Class 1 Railcars 44. Security Requirements for Rail Movement of Hazard Class 1 45. Security Requirements for the Transportation of Arms, Ammunition, and Explosives on Highways by Force Protection Condition Levels SECTION VII TRANSPORTATION OF HAZARD CLASS 3 BULK FUEL 46. General 4 7. Vehicle Inspection at Fuel Points 48. Additional Requirements During Bulk-Fuel Loading Operations 49. Completing Block 14 of DD Form 2890 for Hazard Class 3 50. Marking and Placarding of Tank Units 51. Filling Level of Fuel Tanks 52. Turning in Unclean Tanks 53. Fuel-Tanker Transport by Rail SECTION VIII TRANSPORTATION OF HAZARD CLASS 7 RADIOACTIVE MATERIALS 54. General 55. Transportation Radiation Survey 56. Packing Damaged Excepted Radioactive Items and Equipment 57. Packing Undamaged Excepted Radioactive Items and Equipment 58. Special Provisions for the Transport of Excepted Class 7 Items 59. Shipping Activity Responsibilities 60. Loader Responsibilities 61. Receiving Activity Responsibilities 62. Parking Vehicles Carrying Radioactive Material 63. Procedures for Receiving and Opening Type-B Shipments (Packages Containing Large Quantities of Radioactive Material) 64. Determining Al and A2 Values and Converting From Curies to Terabecquerels 5 AE Reg 55-4 • 11 Oct 16#

Page 9Appendixes A. References B. Actions to be Taken in the Event of an Accident or Emergency C. Ordering HAZMA T Labels, Signs, and Placards Tables 1. Required and Optional Configurations for Orange Warning Plates and Diamond Placards 2. Instructions for Completing Blocks 1 through 13 of DD Form 2890 3. Instructions for Completing Block 14 of DD Form 2890 4. Instructions for Completing Blocks 15 through 21 of DD Form 2890 5. Fire-Extinguisher Criteria 6. Required Markings for Hazard Class 3 Bulk-Fuel Transport Units 7. Common Unit Radioactive Equipment 8. General Al and A2 Values for Radioactive Material Figures 1. Samples of Packages Marked with Hazard Labels and UN Numbers 2a and 2b. Labeling Packages for Transport under the Limited Quantity Exemption 3. Warning Plate with HIN and UN Number 4. Warning Plate 5. Shunting Labels 6. ADR Certificate of Drivers Training Issued until 31 December 2012 (Front and Back) 7. ADR Certificate of Drivers Training Issued after 31 December 2012 (Front and Back) 8. Marking and Labeling Packages Containing Hazard Class 1 9. Placarding of Class 1 Transport Units and Containers 10. Diamond Red-Flame Placard 11. Environmentally Hazardous Substance Placard 12. Samples of Properly Marked and Placarded Tank Units 13. Placard for Transporting of Radioactive Hazard Class 7 Items 14. Sample Radiation Survey Worksheet Glossary SECTION I GENERAL 1. PURPOSE This regulation assigns responsibilities and prescribes policy and procedures for transporting DOD hazardous material (HAZMA T) and hazardous waste (HW) by surface (road, rail, and inland waterways) throughout the USAREUR area of responsibility (AOR). 2. REFERENCES Appendix A lists references. 3. EXPLANATION OF ABBREVIATIONS AND TERMS The glossary defines abbreviations and terms. 6 AE Reg 55-4 • 11 Oct 16#

Page 104. RESPONSIBILITIES The safe movement of HAZMA T and HW by surface modes is the responsibility of all personnel involved in the movement. Unless otherwise specified by this regulation or host-nation (HN) law, unit commanders are responsible for the safe movement of the HAZMA T and HW movement program. All individuals participating in the transport process, by management or function, will be trained to a degree commensurate with their responsibilities. Section II provides more information on training. NOTE: For the purpose of this regulation the terms unit and shipping activity are used interchangeably. The glossary defines both terms. a. Safety Division, Office of the Chief of Staff, HQ USAREUR. The Safety Division, Office of the Chief of Staff, HQ USAREUR, will- (1) Serve as the proponent for AE Regulation 55-50 which prescribes policy for the Dangerous Goods Program. (2) Appoint the USAREUR Command Dangerous Goods Advisor (CDGA) on AE Form 55-50E. AE Regulation 55-50 lists the responsibilities of the USAREUR CDGA. (3) Maintain a website to provide information about the transportation ofHAZMAT and HW at https://intranet. eur.army. mil/hq/safety/SitePages/Home. aspx? RootFolder=%2Fhq%2Fsafety%2FShare d%20Documents%2FUS%20Army%20Europe%20Dangerous%20Goods%20Movement%20lnformatio n&FolderCTID=0x012000862D322FFABFFE4398BD98B38A 72A5F6& View={E316C041-203E- 46DA-8701-2A66F36507 DD}. (4) Serve as the USAREUR competent authority (CA) for the issue of competent authority approval (CAA) (para 22x) and certificate of equivalency (COE) documentation, and ensure CAA and COE reports are generated when requested. (5) Appoint maintenance activity personnel from the Theater Logistics Sustainment Command - Europe (TLSC-E) to certify ADR Certificates of Approval for vehicles and bulk-fuel trailers (sec V). (6) Coordinate initial, refresher, and remedial training programs for maintenance activity inspectors in Germany and Italy under the ADR Certificate of Approval Program. (7) Provide stamps to ADR Certificate of Approval Program inspectors for stamping the original ADR Certificate of Approval after an inspection has been successfully completed. (8) Maintain continuous liaison with proponents of the ADR, the Reglement Concernant le Transport International des Marchandises Dangereuses (RID) (European Regulation Concerning the International Carriage of Dangerous Goods by Rail), the Accord Europeen Relatif au Transport International des Marchandises Dangereuses par Voie de Navigation (ADN) (European Agreement Concerning the International Carriage of Dangerous Goods by Inland Waterway), and the International Maritime Dangerous Goods Code (IMDG-C) for changes and updates to policy that affect USAREUR and ensure that the latest changes are posted on the CDGA website ((3) above) and distributed throughout the command. (9) Maintain liaison with USEUCOM, other Services, and subordinate commands on all HAZMA T and HW issues. 7 AE Reg 55-4 • 11 Oct 16#

Page 11(6) All personnel signing certification statements on DD Form 2890 or other transportation documents will be appointed in writing by the activity, unit commander, or designated representative on AE Form 55-50G for surface movement and AE Form 55-50F for air movement. The appointment will include the scope of authority and expiration date, which cannot exceed the expiration date of the training certification validity (2 years). A copy of the appointment order will be provided to the appointed individual and the USAREUR CDGA. 1. Movement control team (MCT) or branch movement control team (BMCT) personnel who provide movement control services for the movement of HAZMA T or HW on the European public transportation network will receive a one-time, 2-day familiarization training class to help them ensure that HAZMA T shipping documents are complete and correct. (I) A trained and appointed unit DGA (for example, a DGA assigned to the 21st SC, the 16th Sustainment Brigade, or the 39the Transportation Battalion (Movement Control) (MCB)) or the USAREUR CDGA, when requested, will provide the familiarization training. (2) The unit DGA will provide MCT and BMCT personnel a "DG Update Briefing" on all modes of transportation every time a regulation concerning transportation of dangerous goods or HAZMA T is updated. m. Personnel who certify bulk fuel for movement on European public roads will be trained and certified through successful completion ofHAZ 12 and HAZ 15. n. Personnel who inspect and certify containers according to the requirements of the International Convention for Safe Containers (also Container Safety Convention) (CSC)) must be trained and certified. The course Ammo-43 Intermodal Dry Cargo Container/CSC Reinspection provides the appropriate training and may be taken online through the Defense Ammunition Center website at http://ammo.okstate.edu/. Personnel must successfully complete this course every 4 years to remain certified. o. All HAZMA T and HW training, including testing, will be documented in personnel training records in ATRRS. Records will be maintained for as long as a person is employed with DOD and for 90 days after separation from DOD. Records will be transferred if the individual changes organizations. 8. HAZARDOUS MATERIAL DRIVER TRAINING COURSE (HAZ 11) a. Purpose. This 40-hour course may be taken at the CA TC in Vilseck, through CA TC MTTs on request, or from the USAREUR CDGA on request. This course is mandatory for all personnel who operate vehicles loaded with HAZMA T or HW. Its main objectives are to make drivers aware of dangers when transporting HAZMA T or HW and to provide information on how to minimize the likelihood of an incident. Personnel will also learn which measures to take for their own safety and that of the public and environment to limit the effects of an incident. Special emphasis is given to European road laws. b. Procedures. (I) After completing the course and passing the examination, each graduate will be issued an ADR Certificate of Drivers Training, which is required by law to transport HAZMA T and HW in Europe. The certificate is valid for 5 years. 16 AE Reg 55-4 • 11 Oct 16#

Page 12(2) The ADR Certificate of Drivers Training may be renewed only after the driver attends and successfully completes another HAZ 11 training course or after successfully completing a 12-hour refresher training class conducted by the USAREUR CDGA or the 6966th TTT (for German-speaking drivers). (3) Units may request a CA TC MTT to teach HAZ 11 at their location if a sufficient number of personnel can attend the training locally or when attendance at Vilseck is not possible due to operational or funding issues. Coordination will be made through the CATC course managers (mil 476-2849/ 2680/2880). (4) CONUS Reserve and National Guard units with duty in USAREUR (for example, exercises, deployments) may request HAZ 11 training at their CONUS location before coming to Europe. Units may request a CA TC MTT to teach HAZ 11 at their CONUS location if a sufficient number of personnel can attend. Coordination will be made through CA TC course managers. If CONUS MIT training is not possible, coordination will be made with CA TC for attendance at the Vilseck HAZ 11 course or training through an OCONUS MTT. NOTE: CONUS Reserve and National Guard personnel who drive military vehicles on European public roads must also have a U.S. Forces Certificate of License (AE Form 190-lF). c. Course Prerequisites. (1) Students must have a current operator's permit, (DA Form 5984-E (OF 346) or DA Form 348-E (DA Form 348)) for the vehicle they intend to drive. (2) Students must have a current U.S. Forces Certificate of License. (3) Commanders have the responsibility to select personnel for training based on mission operational requirements. Selected personnel should have 1 year retainability after course completion, but this is not mandatory. d. Training HN Drivers. (1) HN personnel who drive U.S. military vehicles (for example, 6966th TTT personnel) carrying HAZMA T or HW will attend a basic training course taught by certified instructors. Training courses must be approved by the USAREUR CDGA. (2) After completion of the course and passing the examination, each graduate will be issued an ADR Certificate of Drivers Training from the CATC. The certificate is valid for 5 years. (3) The ADR Certificate of Drivers Training can be renewed only after the driver attends and successfully completes a 12-hour refresher training course. Refresher training courses must be approved by the USAREUR CDGA. NOTE: The 6966th TTT conducts an approved ADR basic and refresher course for all USAREUR German-speaking employees. 17 AE Reg 55-4 • 11 Oct 16#