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Interpretation Response #09-0149

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

Interpretation Response Details

Response Publish Date: 07-08-2009
Company Name: Energy Solutions    Individual Name: Mr. James H. Portsmouth
Location state: WA    Country: US

View the Interpretation Document

Response text:

July 8, 2009



Mr. James H. Portsmouth
Manager " Regulatory Compliance
Energy Solutions
2345 Stevens Drive Suite 240
Richland, WA 99354

Ref. No.: 09-0149

Dear Mr. Portsmouth:

This responds to your letter regarding clarification of the driver training requirements in § 177.816 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171"180). Specifically, you ask if the training frequency and recordkeeping requirements in § 172.704 apply to drivers trained in accordance with 49 CFR Parts 390 through 397.

The answer is yes. Pursuant to § 177.816(a), in addition to the training requirements of § 177.800, no carrier may transport, or cause to be transported, a hazardous material unless each hazmat employee who will operate a motor vehicle has been trained in the applicable requirements of Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR Parts 390 through 397) and the procedures necessary for the safe operation of that motor vehicle. Further, pursuant to § 177.816(b), each person who operates a cargo tank or a vehicle loaded with a portable tank with a capacity of 1,000 gallons or more must receive training applicable to the requirements of the HMR and have the appropriate State-issued commercial driver's license required by 49 CFR Part 383. This training must conform to the requirements of § 172.704 of this subchapter with respect to frequency and recordkeeping. See § 177.816(d)).

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.


Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

177.816, 177.704

Regulation Sections

Section Subject
§ 172.704 Training requirements