Interpretation Response #13-0132
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
August 29, 2013
Mr. Dwight Doughty, Jr.
Maine Department of Transportation
State House Station 16
Augusta, ME 04333
Ref. No. 13-0132
Dear Mr. Doughty:
This responds to your June 12, 2013 request for clarification regarding hazmat training requirements for ferry vessel employees under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the hazmat training requirements apply to vessel employees assisting in the positioning of transport vehicles carrying hazardous materials.
According to your letter, state ferry employees assist with positioning transport vehicles onto ferries, based on the size and weight of each transport vehicle. The employees do not handle, manage, load, unload, or prepare paperwork for the hazardous materials carried by any transport vehicle. You ask whether state ferry employees who assist in the positioning of transport vehicles carrying hazardous materials are “hazmat employees” as defined in § 171.8.
The HMR defines a hazmat employee as a person who, in the course of employment, directly affects hazardous materials transportation safety. The definition includes a person who is responsible for safety of transporting hazardous materials.
Transport vehicles carrying hazmat on a ferry vessel must be positioned in accordance with the segregation requirements of § 176.83. Pursuant to
§ 176.89(a)(2), a “vessel representative” must direct placement of such transport vehicles.
State ferry employees who position transport vehicles carrying hazmat to comply with §176.83, or direct placement of such transport vehicles as required by § 176.89(a)(2), directly affect hazardous materials safety and bear responsibility for the safe transportation of hazardous materials. Such employees are “hazmat employees” and are subject to the training requirements of §§ 172.700-704.
I hope this answers your inquiry. If you need additional assistance, please call this office at (202) 366-8553.
Chief, Standards Development Branch
Standards and Rulemaking Division