{"operation":"document","citation":"19-0069","title":"HQ U.S. Army Europe Safety (AECS-S) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-08-15","effective_on":null,"summary":"19-0069 response to HQ U.S. Army Europe Safety (AECS-S) concerning 171.1, 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0069.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0069.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0069","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72081/190069.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG 1 5 2019\nMr. Donald V. Paglioni\nDeputy Safety Director\nHQ U.S. Army Europe Safety (AECS-S)\nUnit 29352 Box 108\nAPO AE 09014\nReference No. 19-0069\nDear Mr. Schwarz:\nThis letter is in response to your May 29, 2019, emailed memorandum, and July 31, 2019, email\nand phone call with a member of my staff requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to training. Specifically, you ask whether\nthe HMR permits a German-licensed United States (U.S.) Army Schoolhouse to teach a\nEuropean Hazardous Material Driver Course to U.S. Army personnel on military installations in\nthe continental U.S. (CONUS), and to issue European Agreement Concerning the International\nCarriage of Dangerous Goods by Road (ADR) driver's licenses upon successful completion of\nthis course.\nThis Office does not review or certify training programs. However, as the Competent Authority\nfor the U.S. within the U.S. Department of Transportation for purposes of the HMR, we hereby\ninform you that our Office does not have any objections against ADR Dangerous Goods Driver\nTraining (Hazardous Material Driver Training Course HAZ 11 ), as authorized and certified by\nthe German Federal Ministry of Defense, being provided to members of the U.S. Army in the\nterritory of the U.S. The provisions of the HMR apply to the transportation of a hazardous\nmaterial in commerce and each person who offers and/or transports a hazardous material in\ncommerce in the jurisdiction of the U.S. (see § 171. l(c) and the definition of \"commerce\" in\n§ 171.8). The ADR applies to dangerous goods transported internationally in road vehicles\namong European countries that agree by contract to comply with its provisions; thus, the ADR is\nnot subject to the HMR.\nI hope this information is helpfuL Please contact us if we can be of further assistance.\nSincerely,\n~#~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\ncc: Mr. Michael B. Schwarz\nDirector, Safety Office\nHeadquarters, United States Anny Europe\nCommand Dangerous Goods Advisor\nLucius D. Clay Kaseme\n65205 Wiesbaden\nGERMANY\n\n<<>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nCc:\nSubject:\nAttachments:\nKelley, Shane (PHMSA)\nTuesday, June 04, 2019 10:54 AM\nHazmat Interps\nWebb, Steven (PHMSA)\nFwd: DOT Approval Request\nDOT MEMO.pdf\nPlease assign as an interp and please ask the drafter to work with Steven Webb.\nThank you\nFrom: Burger, Donald (PHMSA) \nSent: Tuesday, June 4, 2019 10:32 AM\nTo: Kelley, Shane (PHMSA); Pfund, Duane (PHMSA); Klinger, Patricia (PHMSA)\nCc: Paquet, Ryan (PHMSA)\nSubject: FW: DOT Approval Request\nThis 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\ndefinitely not something that we in Permits and Approvals would handle.\nDon B\n-----Original Message-----\nFrom: Eckenrode, Andrew (PHMSA)\nSent: Thursday, May 30, 2019 10:10 AM\nTo: Burger, Donald (PHMSA) \nSubject: FW: DOT Approval Request\nThoughts on how to handle the attached memo from the DOD? I don't think they need \"approval\" from PHMSA for the\ndescribed activity; however, I didn't want to rattle off an email saying so much without getting your input.\nThanks!\nAndrew\n-----Original Message-----\nFrom: Paglioni, Donald Vincent (Don) CIV USARMY USAREUR (USA) [mailto:donald.v.paglioni.civ@mail.mil]\nSent: Thursday, May 30, 2019 9:54 AM\nTo: Eckenrode, Andrew (PHMSA) \nSubject: DOT Approval Request\nAndrew,\nPer our conversation, attached is the memorandum that was discussed.\nAppreciate any assistance in this matter.\n\n<<>>\n\nVr,\nDon\nDonald V. Paglioni\nDeputy Safety Director\nHQ USAREUR Safety (AECS-S)\nUnit 29351 Box 108\nAPO AE 09014\nffl DSN: 314-537-0392\n~ Comm: +49 (0) 611-143-537-0392\n! Cell: +49 (0) 1523-681-7190\n~ NIRPERNET: donald.v.paglioni.civ@mail.mil\n~ SIPERNET: donald.v.paglioni.civ@mail.smil.mil\nTo call Comm/Cell from outside Germany, di. al +49 and drop the 0\n2\n\n<<>>\n\nHeadquarters\nUnited States Army Europe\nWiesbaden, Germany\nHeadquarters\nUnited States Army Installation Management Command,\nEurope Region\nSembach, Germany\nArmy in Europe\nRegulation 55-4*\n11 October 2016\nTransportation and Travel\nSafe Movement of Hazardous Goods by Surface Modes\n*This regulation supersedes AE Regulation 55-4, 13 April 2015.\nFor the Commander:\nMARKUS T. LAUBENTHAL\nBrigadier General, GS\nChief of Staff\nOfficial:\nDWAYNEJ. VIERGUTZ\nChief, Army in Europe\nDocument Management\nSummary. This regulation-\n• Assigns responsibilities and prescribes policy and procedures for transporting DOD hazardous\nmaterial (HAZMA T) and hazardous waste (HW) in the European theater.\n• Defines specifications of vehicles and transport units authorized to move HAZMA T and HW over\npublic roads.\n• Defines preparation and documentation requirements for transporting HAZMA T and HW by road or\nrail when the HAZMAT and HW will also be transported by sea or air.\n• Is based on the 2015 Accord Europeen Relatif au Transport International des Marchandises\nDangereuses par Route (ADR) (European Agreement Concerning the International Carriage of\nDangerous Goods by Road) and the 2015 Reglement Concernant le Transport International des\nMarchandises Dangereuses (RID) (European Regulation Concerning the International Carriage of\nDangerous Goods by Rail).\nNOTE: Host countries may specify more stringent procedures that will take precedence over the\nprocedures in this regulation. Commands with operational responsibility in affected areas will report\nthese procedures to the Mobility Operations Division, Office of the Deputy Chief of Staff, G4, HQ\nUSAREUR, to include in this regulation.\n1\nAE Reg 55-4 • 11 Oct 16\n\n<<>>\n\n• Adds the stipulation that while on a military installation, items in compatibility group G, other than\nfireworks and those requiring special handling, may be loaded and transported with other explosive\narticles of compatibility groups C, D, and E, provided that explosive substances (such as those not\ncontained in articles) are not carried in the same transport vehicle (para 341(5)).\n• Changes Security Risk Codes to CIICs (para 45c).\n• Provides the host-nation emergency telephone number to use throughout Europe (para B- lk(l)).\n• Changes \"material safety datasheet (MSD)\" to \"safety datasheet (SDS)\" throughout the regulation.\nApplicability. This regulation applies to Army activities and organizations located or operating in\nEurope. It does not apply to operations in the restricted areas of aerial ports or flight lines.\nRecords Management. Records created as a result of processes prescribed by this regulation must be\nidentified, maintained, and disposed of according to AR 25-400-2, Record titles and descriptions are on\nthe Army Records Information Management System website at https:// www.arims.army.mil/.\nSupplementation. Organizations will not supplement this regulation without approval by the Mobility\nOperations Division, Office of the Deputy Chief of Staff, G4, HQ USAREUR.\nForms. This regulation prescribes AE Form 55-4A. AE and higher level forms are available through the\nArmy in Europe Library & Publishing System (AEPUBS) at http:// www.eur.army.mil/aepubs/.\nSuggested Improvements. The proponent of this regulation is the Mobility Operations Division, Office\nof the Deputy Chief of Staff, G4, HQ USAREUR (mil 537-4523). Users may suggest improvements to\nthis regulation by sending DA Form 2028 to the USAREUR G4 (AELG-M), Unit 29351 , Box 102, APO\nAE 09014-2935.\nDistribution. This publication is available only electronically and is posted in AEPUBS at\nhttp://www. eur. army. millaepubsl.\nCONTENTS\nSECTION I\nGENERAL\n1. Purpose\n2. References\n3. Explanation of Abbreviations and Terms\n4. Responsibilities\n5. Functional Responsibilities\n6. Additional Functional Responsibilities of the Driver\n3\nAE Reg 55-4 • 11 Oct 16\n\n<<>>\n\nSECTION II\nTRAINING\n7. General Training Requirements\n8. Hazardous Material Driver Training Course (HAZ 11)\n9. Technical Transportation of Hazardous Materials (HAZ 12, Ammo 62, A-4E-3008, and 02RR)\n10. European HAZMA T Certification Course (Road and Rail) (HAZ 15)\n11. Appointment of ADR Certificate of Approval Certifying Officials\n12. Training of ADR Certificate of Approval Inspectors\n13. International Convention for Safe Containers (CSC) Inspectors Training\nSECTION III\nUSE OF THE ADR, RID, AND ADN FOR THE MOVEMENT OF HAZARDOUS MATERIAL\nAND HAZARDOUS WASTE ON EUROPEAN ROADS, RAILROAD LINES, AND INLAND\nWATERWAYS\n14. General\n15. Structure oftheADR, RID, andADN\n16. Dangerous Goods List (ADR 3.2.1 , Table A)\n17. Marking of Vehicles and Trailers, Railcars, and Inland Waterway Transport Units with Orange-\nColored Warning Plates (ADR 5.3.2.1.) and Placards\n18. UN Packaging Performance Specifications\n19. Determining What Is or Is Not a Hazardous Goods Shipment\n20. High Consequence Dangerous Goods (ADR 1.10.3)\nSECTION IV\nDOCUMENTATION AND VEillCLE EQUIPMENT AND SAFETY ITEMS\n21 . General\n22. Documentation\n23. Equipment and Safety Items\nSECTIONV\nADR CERTIFICATE OF APPROVAL PROGRAM AND CONTAINER CERTIFICATION\n24. General\n25. Maintenance Requirements for Military Vehicles and Trailers Moving Hazard Class 1.4s, 2,\n4 through 9, and Exempted Small Quantities\n26. Identification of Vehicles Moving Hazard Class 1 and Hazard Class 3 Bulk Fuel to be Certified\nunder the ADR Certificate of Approval Program\n27. ADR Certificate of Approval\n28. Initial Inspection\n29. Annual Recertification Inspection\n30. Disposition of the ADR Certificate of Approval\n31. Container Inspection and Certification\n4\nAE Reg 55-4 • 11 Oct 16\n\n<<>>\n\nSECTION VI\nTRANSPORTATION OF HAZARD CLASS 1\n32. Vehicles and Trailers Capable of Transporting Hazard Class 1\n33. Vehicle and Trailer Inspection at Ammunition Loading and Unloading Sites Using DD Form 626\n34. Additional Requirements for the Transport of Hazard Class 1\n35. Mixed Loading of Hazard Class 1 with Other Label Numbers (ADR 7.5.2.1)\n36. Mixed Loading of Hazard Class 1 with Other Compatibility Groups (ADR 7.5.2.2)\n37. Limitations of Explosive Substances and Articles (ADR 7.5.5.2.1)\n38. Shipment Preparation\n39. Completing Block 14 of DD Form 2890 for Hazard Class 1\n40. Hazard Class 1 Transport Unit and Container Placarding\n41. Transporting Hazard Class 1 by Rail\n42. Hazard Class 1 Rail Loading and Unloading\n43. Placarding of Hazard Class 1 Railcars\n44. Security Requirements for Rail Movement of Hazard Class 1\n45. Security Requirements for the Transportation of Arms, Ammunition, and Explosives on\nHighways by Force Protection Condition Levels\nSECTION VII\nTRANSPORTATION OF HAZARD CLASS 3 BULK FUEL\n46. General\n4 7. Vehicle Inspection at Fuel Points\n48. Additional Requirements During Bulk-Fuel Loading Operations\n49. Completing Block 14 of DD Form 2890 for Hazard Class 3\n50. Marking and Placarding of Tank Units\n51. Filling Level of Fuel Tanks\n52. Turning in Unclean Tanks\n53. Fuel-Tanker Transport by Rail\nSECTION VIII\nTRANSPORTATION OF HAZARD CLASS 7 RADIOACTIVE MATERIALS\n54. General\n55. Transportation Radiation Survey\n56. Packing Damaged Excepted Radioactive Items and Equipment\n57. Packing Undamaged Excepted Radioactive Items and Equipment\n58. Special Provisions for the Transport of Excepted Class 7 Items\n59. Shipping Activity Responsibilities\n60. Loader Responsibilities\n61. Receiving Activity Responsibilities\n62. Parking Vehicles Carrying Radioactive Material\n63. Procedures for Receiving and Opening Type-B Shipments (Packages Containing Large\nQuantities of Radioactive Material)\n64. Determining Al and A2 Values and Converting From Curies to Terabecquerels\n5\nAE Reg 55-4 • 11 Oct 16\n\n<<>>\n\nAppendixes\nA. References\nB. Actions to be Taken in the Event of an Accident or Emergency\nC. Ordering HAZMA T Labels, Signs, and Placards\nTables\n1. Required and Optional Configurations for Orange Warning Plates and Diamond Placards\n2. Instructions for Completing Blocks 1 through 13 of DD Form 2890\n3. Instructions for Completing Block 14 of DD Form 2890\n4. Instructions for Completing Blocks 15 through 21 of DD Form 2890\n5. Fire-Extinguisher Criteria\n6. Required Markings for Hazard Class 3 Bulk-Fuel Transport Units\n7. Common Unit Radioactive Equipment\n8. General Al and A2 Values for Radioactive Material\nFigures\n1. Samples of Packages Marked with Hazard Labels and UN Numbers\n2a and 2b. Labeling Packages for Transport under the Limited Quantity Exemption\n3. Warning Plate with HIN and UN Number\n4. Warning Plate\n5. Shunting Labels\n6. ADR Certificate of Drivers Training Issued until 31 December 2012 (Front and Back)\n7. ADR Certificate of Drivers Training Issued after 31 December 2012 (Front and Back)\n8. Marking and Labeling Packages Containing Hazard Class 1\n9. Placarding of Class 1 Transport Units and Containers\n10. Diamond Red-Flame Placard\n11. Environmentally Hazardous Substance Placard\n12. Samples of Properly Marked and Placarded Tank Units\n13. Placard for Transporting of Radioactive Hazard Class 7 Items\n14. Sample Radiation Survey Worksheet\nGlossary\nSECTION I\nGENERAL\n1. PURPOSE\nThis regulation assigns responsibilities and prescribes policy and procedures for transporting DOD\nhazardous material (HAZMA T) and hazardous waste (HW) by surface (road, rail, and inland\nwaterways) throughout the USAREUR area of responsibility (AOR).\n2. REFERENCES\nAppendix A lists references.\n3. EXPLANATION OF ABBREVIATIONS AND TERMS\nThe glossary defines abbreviations and terms.\n6\nAE Reg 55-4 • 11 Oct 16\n\n<<>>\n\n4. RESPONSIBILITIES\nThe safe movement of HAZMA T and HW by surface modes is the responsibility of all personnel\ninvolved in the movement. Unless otherwise specified by this regulation or host-nation (HN) law, unit\ncommanders are responsible for the safe movement of the HAZMA T and HW movement program. All\nindividuals participating in the transport process, by management or function, will be trained to a degree\ncommensurate with their responsibilities. Section II provides more information on training.\nNOTE: For the purpose of this regulation the terms unit and shipping activity are used interchangeably.\nThe glossary defines both terms.\na. Safety Division, Office of the Chief of Staff, HQ USAREUR. The Safety Division, Office of the\nChief of Staff, HQ USAREUR, will-\n(1) Serve as the proponent for AE Regulation 55-50 which prescribes policy for the Dangerous\nGoods Program.\n(2) Appoint the USAREUR Command Dangerous Goods Advisor (CDGA) on AE Form 55-50E.\nAE Regulation 55-50 lists the responsibilities of the USAREUR CDGA.\n(3) Maintain a website to provide information about the transportation ofHAZMAT and HW at\nhttps://intranet. eur.army. mil/hq/safety/SitePages/Home. aspx? RootFolder=%2Fhq%2Fsafety%2FShare\nd%20Documents%2FUS%20Army%20Europe%20Dangerous%20Goods%20Movement%20lnformatio\nn&FolderCTID=0x012000862D322FFABFFE4398BD98B38A 72A5F6& View={E316C041-203E-\n46DA-8701-2A66F36507 DD}.\n(4) Serve as the USAREUR competent authority (CA) for the issue of competent authority\napproval (CAA) (para 22x) and certificate of equivalency (COE) documentation, and ensure CAA and\nCOE reports are generated when requested.\n(5) Appoint maintenance activity personnel from the Theater Logistics Sustainment Command -\nEurope (TLSC-E) to certify ADR Certificates of Approval for vehicles and bulk-fuel trailers (sec V).\n(6) Coordinate initial, refresher, and remedial training programs for maintenance activity\ninspectors in Germany and Italy under the ADR Certificate of Approval Program.\n(7) Provide stamps to ADR Certificate of Approval Program inspectors for stamping the original\nADR Certificate of Approval after an inspection has been successfully completed.\n(8) Maintain continuous liaison with proponents of the ADR, the Reglement Concernant le\nTransport International des Marchandises Dangereuses (RID) (European Regulation Concerning the\nInternational Carriage of Dangerous Goods by Rail), the Accord Europeen Relatif au Transport\nInternational des Marchandises Dangereuses par Voie de Navigation (ADN) (European Agreement\nConcerning the International Carriage of Dangerous Goods by Inland Waterway), and the International\nMaritime Dangerous Goods Code (IMDG-C) for changes and updates to policy that affect USAREUR\nand ensure that the latest changes are posted on the CDGA website ((3) above) and distributed\nthroughout the command.\n(9) Maintain liaison with USEUCOM, other Services, and subordinate commands on all\nHAZMA T and HW issues.\n7\nAE Reg 55-4 • 11 Oct 16\n\n<<>>\n\n(6) All personnel signing certification statements on DD Form 2890 or other transportation\ndocuments will be appointed in writing by the activity, unit commander, or designated representative on\nAE Form 55-50G for surface movement and AE Form 55-50F for air movement. The appointment will\ninclude the scope of authority and expiration date, which cannot exceed the expiration date of the\ntraining certification validity (2 years). A copy of the appointment order will be provided to the\nappointed individual and the USAREUR CDGA.\n1. Movement control team (MCT) or branch movement control team (BMCT) personnel who provide\nmovement control services for the movement of HAZMA T or HW on the European public\ntransportation network will receive a one-time, 2-day familiarization training class to help them ensure\nthat HAZMA T shipping documents are complete and correct.\n(I) A trained and appointed unit DGA (for example, a DGA assigned to the 21st SC, the 16th\nSustainment Brigade, or the 39the Transportation Battalion (Movement Control) (MCB)) or the\nUSAREUR CDGA, when requested, will provide the familiarization training.\n(2) The unit DGA will provide MCT and BMCT personnel a \"DG Update Briefing\" on all modes\nof transportation every time a regulation concerning transportation of dangerous goods or HAZMA T is\nupdated.\nm. Personnel who certify bulk fuel for movement on European public roads will be trained and\ncertified through successful completion ofHAZ 12 and HAZ 15.\nn. Personnel who inspect and certify containers according to the requirements of the International\nConvention for Safe Containers (also Container Safety Convention) (CSC)) must be trained and\ncertified. The course Ammo-43 Intermodal Dry Cargo Container/CSC Reinspection provides the\nappropriate training and may be taken online through the Defense Ammunition Center website at\nhttp://ammo.okstate.edu/. Personnel must successfully complete this course every 4 years to remain\ncertified.\no. All HAZMA T and HW training, including testing, will be documented in personnel training\nrecords in ATRRS. Records will be maintained for as long as a person is employed with DOD and for\n90 days after separation from DOD. Records will be transferred if the individual changes organizations.\n8. HAZARDOUS MATERIAL DRIVER TRAINING COURSE (HAZ 11)\na. Purpose. This 40-hour course may be taken at the CA TC in Vilseck, through CA TC MTTs on\nrequest, or from the USAREUR CDGA on request. This course is mandatory for all personnel who\noperate vehicles loaded with HAZMA T or HW. Its main objectives are to make drivers aware of\ndangers when transporting HAZMA T or HW and to provide information on how to minimize the\nlikelihood of an incident. Personnel will also learn which measures to take for their own safety and that\nof the public and environment to limit the effects of an incident. Special emphasis is given to European\nroad laws.\nb. Procedures.\n(I) After completing the course and passing the examination, each graduate will be issued an\nADR Certificate of Drivers Training, which is required by law to transport HAZMA T and HW in\nEurope. The certificate is valid for 5 years.\n16\nAE Reg 55-4 • 11 Oct 16\n\n<<>>\n\n(2) The ADR Certificate of Drivers Training may be renewed only after the driver attends and\nsuccessfully completes another HAZ 11 training course or after successfully completing a 12-hour\nrefresher training class conducted by the USAREUR CDGA or the 6966th TTT (for German-speaking\ndrivers).\n(3) Units may request a CA TC MTT to teach HAZ 11 at their location if a sufficient number of\npersonnel can attend the training locally or when attendance at Vilseck is not possible due to operational\nor funding issues. Coordination will be made through the CATC course managers (mil 476-2849/\n2680/2880).\n(4) CONUS Reserve and National Guard units with duty in USAREUR (for example, exercises,\ndeployments) may request HAZ 11 training at their CONUS location before coming to Europe. Units\nmay request a CA TC MTT to teach HAZ 11 at their CONUS location if a sufficient number of\npersonnel can attend. Coordination will be made through CA TC course managers. If CONUS MIT\ntraining is not possible, coordination will be made with CA TC for attendance at the Vilseck HAZ 11\ncourse or training through an OCONUS MTT.\nNOTE: CONUS Reserve and National Guard personnel who drive military vehicles on European public\nroads must also have a U.S. Forces Certificate of License (AE Form 190-lF).\nc. Course Prerequisites.\n(1) Students must have a current operator's permit, (DA Form 5984-E (OF 346) or\nDA Form 348-E (DA Form 348)) for the vehicle they intend to drive.\n(2) Students must have a current U.S. Forces Certificate of License.\n(3) Commanders have the responsibility to select personnel for training based on mission\noperational requirements. Selected personnel should have 1 year retainability after course completion,\nbut this is not mandatory.\nd. Training HN Drivers.\n(1) HN personnel who drive U.S. military vehicles (for example, 6966th TTT personnel) carrying\nHAZMA T or HW will attend a basic training course taught by certified instructors. Training courses\nmust be approved by the USAREUR CDGA.\n(2) After completion of the course and passing the examination, each graduate will be issued an\nADR Certificate of Drivers Training from the CATC. The certificate is valid for 5 years.\n(3) The ADR Certificate of Drivers Training can be renewed only after the driver attends and\nsuccessfully completes a 12-hour refresher training course. Refresher training courses must be approved\nby the USAREUR CDGA.\nNOTE: The 6966th TTT conducts an approved ADR basic and refresher course for all USAREUR\nGerman-speaking employees.\n17\nAE Reg 55-4 • 11 Oct 16","truncated":false,"body_characters":22389}