Interpretation Response #25-0039
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: The Journal of Hazardous Materials Transportation
Individual Name: Vincent A. Vitollo
Location State: PA Country: US
View the Interpretation Document
Response text:
August 28, 2026
Vincent A. Vitollo
President & Content Director
The Journal of Hazardous Materials Transportation
PRI International, Inc.
P.O. Box 3144
West Chester, PA 19381-3144
Reference No. 25-0039
Dear Mr. Vitollo:
This letter is in response to your April 8, 2025 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the training requirements of 49 CFR Part 172, Subpart H and qualification and maintenance of tank cars in 49 CFR Part 180, Subpart F.
We have paraphrased and answered your questions as follows:
Q1. Do the HMR impose any restrictions on a person contracting services—such as hazmat training or tank car qualification and maintenance programs—from another company?
A1. The HMR do not prohibit a hazmat employee of a company from performing functions for another company. However, that employee must be trained, and the required training records (see § 172.704(d)) must be provided to an authorized Pipeline and Hazardous Materials Safety Administration (PHMSA) or Federal Railroad Administration (FRA) official upon request. The hazmat employer—as defined in § 171.8—must identify hazmat employees performing covered functions and verify those employees have been trained to perform those functions in accordance with requirements in the HMR. The hazmat employer or tank car owner remains responsible for compliance with the HMR requirements for the hazmat functions performed by contractors.
Q2. May a hazmat employer use a certificate of training and testing obtained by a third-party training company to meet the recordkeeping retention requirements under § 172.704(d) or does the hazmat employer need to create its own records?
A2. A hazmat employer may use a certificate of training and testing obtained by a third-party to the extent that the certificate contains the information specified in § 172.704(d).
Q3. May an employer maintain a record of training titled “Training Certificate” that encompasses all recordkeeping requirements in § 172.704(d) instead of titling this document “Record of Current Training?”
A3. Yes. In accordance with § 172.704(d), each hazmat employer must create and retain a record of current training of each hazmat employee, inclusive of the preceding three years. The HMR do not specify the title or label used to identify the records.
Q4. Does the training record need to repeat verbatim the title of the HMR regulatory section, or may an employer designate the training course in a generic sense (e.g., “General Awareness” instead of “General Awareness and Familiarization Training” or “Tank Car Maintenance Requirements”)?
A4. The training records must contain the information specified in § 172.704(d). The HMR do not specify the use of an exact title.
Q5. Is everyone in a company, from the Chief Executive Officer (CEO) to floor staff defined as a “hazmat employee,” even if only some employees perform hazmat functions?
A5. No. Hazmat employees include only those employees who meet the definition of “hazmat employee” in 49 CFR § 171.8.
Q6. Do the HMR require every hazmat employer to develop, maintain, and provide a job description for each hazmat employee?
A6. No. The HMR do not require a hazmat employer to provide a job description for each hazmat employee. Section 172.704(a)(2) requires each hazmat employee receive function-specific training applicable to the specific functions they perform. While an employer must understand an employee's job functions to ensure compliance with training requirements, § 172.704(d)—recordkeeping—does not require a “job description” document as part of the training records.
Q7. Does § 180.513 require each tank car owner to create its own qualification and maintenance program or may it obtain authorization to use another company’s program?
A7. The HMR do not prohibit tank car owners from contracting with a third-party to act as an agent of the owner for purposes of complying with the requirements for the qualification and maintenance of tank cars in Part 180, Subpart F. A tank car owner may also choose to lease or purchase a qualification and maintenance program from a third-party with technical knowledge or expertise for the owner to use for compliance purposes. In either scenario, the owner remains responsible for satisfying the applicable requirements in the HMR. See § 180.501. PHMSA and FRA can take appropriate action for noncompliance should a qualification and maintenance program fail to meet the minimum standards of the HMR as specified in Part 180, Subpart F.
Q8. Does PHMSA interpret § 180.509(i) and (k) to prohibit a tank car owner from obtaining authorization to use someone else’s qualification and maintenance program, which often includes the third-party collecting maintenance data?
A8. No. See A7.
Please note that on March 13, 2024, PHMSA published Federal Register Notice No. 2023-16 titled “Hazardous Materials: Frequently Asked Questions—Training Requirements” as part of an initiative to convert historical letters of interpretation (LOI) applicable to the HMR that have been issued to specific stakeholders into broadly applicable frequently asked questions (FAQ).
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Alexander Wolcott
Acting Chief, Regulatory Review & Reinvention
Standards and Rulemaking Division
171.8 172.704 172.704(a)(2) 172.704(d) 180.509(i) 180.509(k) 180.513