Interpretation Response #06-0089 ([Global EnviroServices Corp.] [Mr. Kevin J. Swinden])

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

Interpretation Response Details

Response Publish Date: 06/12/2006

Company Name: Global EnviroServices Corp.

Individual Name: Mr. Kevin J. Swinden

Country: CA

View the Interpretation Document

Response text:

Jun 12, 2006

Mr. Kevin J. Swinden                 Reference No.: 06-0089

President

Global EnviroServices Corp.

Suite 423, #5O5,8840-210th Street

Langley, BC V1M 2Y8

Dear Mr. Swinden:

This is in response to your April 6, 2006, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the training requirements of Part 172, Subpart H apply to Canadian carriers transporting hazardous materials originating in the United States, within the United States or from the United States to Canada.

The answer is yes. Section 171.12a permits hazardous materials that are classed, marked, labeled, placarded, described on a shipping paper, and packaged in accordance with the Canadian Transportation of Dangerous Goods (TDG) regulations to be offered for transportation and transported to or through the United States by motor vehicle or rail car. However, this section does not apply to shipments originating in the United States. Therefore, Canadian carriers transporting hazardous materials originating in the United States, within the United States or from the United Stated to Canada must comply with the HMR, including the training requirements in Part 172, Subpart H, as applicable Additionally, motor carriers must also ensure that operators of motor vehicles transporting hazardous materials comply with the minimum driver training requirements in 177.8 16.

I hope this satisfies your request.

Sincerely,

Charles E. Betts

Senior Transportation Specialist

Office of Hazardous Materials Standards

171.12a, 177.816

Regulation Sections