Interpretation Response #17-0100
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
January 23, 2018
Ms. Rebecca L. Stokes
Dangerous Goods Compliance & Transportation Safety Specialist, Lead
Lockheed Martin Aeronautics Company
1 Lockheed Blvd M/Z: 6899
Fort Worth, TX 76101
Reference No. 17-0100
Dear Ms. Stokes:
This letter is in response to your September 11, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to training requirements. Specifically, you ask if a person located outside the United States who offers a shipment from a foreign location for transportation to the United States in accordance with an international standard recognized by the HMR is subject to the training requirements in Subpart H of Part 172. In addition, you reference a letter of interpretation previously issued under Reference No. 14‑0104.
The answer is yes. Section 171.22(g) prescribes additional requirements for the use of international standards for shipments offered for transportation or transported in the United States, to include shipments originating in a foreign location and transported to the United States. Per § 171.22(g)(2), the training requirements in Subpart H of Part 172, including function‑specific training, must be satisfied. As stated in Reference No. 14-0104, training conducted to comply with the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air or the International Maritime Dangerous Goods Code may be used to satisfy the training requirements set forth in § 172.704, to the extent that such training addresses the training components specified in § 172.704(a). See 49 CFR § 172.704(a)(2)(ii). It is not necessary to duplicate training in the areas prescribed in § 172.704(a) that correspond with the training requirements in an authorized international standard. However, the employer or self‑employed person must provide additional training to employees performing covered functions for any training components required by the HMR that were not previously addressed.
I hope this information is helpful. Please contact us if we can be of further assistance.
Duane A. Pfund
International Program Coordinator
Standards and Rulemaking Division
171.22(g), 171.22(g)(2), 172.704, 172.704(a), 172.704(a)(2)(ii).
|§ 172.704||Training requirements|