Interpretation Response #26-0041

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 08/19/2026

Company Name: Diablo Canyon Power Plant

Individual Name: Timothy Hewitt

Location State: CA Country: US

View the Interpretation Document

Response text:

August 19, 2026

Timothy Hewitt
Senior Advising Radiation Protection Engineer
Diablo Canyon Power Plant
9 Miles NW Avila Beach
Avila Beach, CA  93424

Reference No. 26-0041

Dear Mr. Hewitt:

This letter is in response to your March 30, 2026 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazmat employee training. Specifically, you seek clarification on the applicability and scope of software‑specific training requirements under § 172.704, as referenced in a previous Pipeline and Hazardous Materials Safety Administration (PHMSA) letter of interpretation (LOI) (Ref. No. 23‑0057). You state that it is your understanding that LOI 23-0057 dictates that hazmat employees must be trained on any software used to perform functions subject to the HMR. You describe two categories of software used at your company: validated Excel-based calculation tools and vendor software used for hazard classification and shipping paper generation. You note that in both cases, user interaction is limited to data entry governed by detailed step-by-step procedures, where compliance determinations are controlled by those procedures rather than user discretion. You ask a series of questions regarding the § 172.704 training requirements.

We have paraphrased and answered your questions as follows:

Q1. Does data entry only use of software—where an employee follows detailed procedures and does not modify formulas, logic, or regulatory determinations—require recurring software-specific training under § 172.704?

A1. The answer depends on whether the individual meets the definition of a "hazmat employee" in § 171.8. As clarified in a previous LOI (Ref. No. 16-0136), an individual whose role is strictly limited to transcribing or inputting data—without exercising any discretion or making regulatory determinations—is generally not considered a hazmat employee and is not subject to HMR training requirements.  However, if an employee uses software to perform a regulated function (e.g., classifying hazardous material or generating a shipping paper) and is responsible for the accuracy of that information, they are considered a hazmat employee. In accordance with § 172.704(a)(2), function-specific training is required for the tasks an employee performs. Lastly, as stated in LOI 23-0057, if a hazmat employee uses specific software to meet HMR requirements, they must be trained in how to use that software correctly to ensure the resulting output is compliant.

Q2. If procedures govern the steps performed in the software, does procedure-use training satisfy the intent of “training on the software” mentioned in LOI 23-0057?

A2. Yes. For those determined to be hazmat employees, function-specific training required by § 172.704(a)(2) must be tailored to the actual tasks performed by the employee. If the software use consists entirely of following a specific, approved procedure that dictates every input and verification step, then documented training on those procedures satisfy the function-specific training requirement for that task.

Q3. If recurring software-specific training is required even when procedures control the process, what criteria determine the threshold for software that no longer requires training?

A3. Training is required for any tool that is integral to a hazmat employee's performance of a regulated function. General-purpose tools like calculators or web browsers used for reference generally do not require specific training under § 172.704, provided the employee is already proficient in their basic operation. When a specialized tool (like your Excel-based calculation tools or vendor shipping software) is used to automate HMR compliance, the training must be sufficient to ensure the user understands how to input data correctly and recognize if the software is producing an error or an illogical result.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Alexander Wolcott
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

Regulation Sections