[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18479-18482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05268]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2021-0109; Notice No. 2023-16]


Hazardous Materials: Frequently Asked Questions--Training 
Requirements

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT).

ACTION: Notice.

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SUMMARY: On March 22, 2022, PHMSA announced an initiative to convert 
historical letters of interpretation (LOI) applicable to the Hazardous 
Materials Regulations (HMR) that have been issued to specific 
stakeholders into broadly applicable frequently asked questions (FAQ). 
On December 9, 2022, PHMSA published the first set of FAQ regarding 
applicability of the HMR. On August 18, 2023, PHMSA published the 
second set of FAQ regarding incident reporting. Today's notice contains 
the third set of FAQ regarding training requirements.

DATES: Interested persons are invited to submit comments on or before 
April 12, 2024. Comments received after that date will be considered to 
the extent practicable.

ADDRESSES: You may submit comments identified by the Docket Number 
PHMSA-2021-0109 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Management System; Room W12-140 on 
the ground floor of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except federal holidays.
    Instructions: All submissions must include the agency name and 
Docket Number (PHMSA-2021-0109) for this notice. To avoid duplication, 
please use only one of these four methods. All comments received will 
be posted without change to the Federal Docket Management System (FDMS) 
and will include any personal information you provide.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public. DOT posts these comments, without edit, 
including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.
    Confidential Business Information (CBI): CBI is commercial or 
financial information that is both customarily and actually treated as 
private by its owner. Under the Freedom of Information Act (FOIA) (5 
U.S.C. 552), CBI is exempt from public disclosure. If your comments 
responsive to this notice contain commercial or financial information 
that is customarily treated as private, that you actually treat as 
private, and is relevant or responsive to this notice, it is important 
that you clearly designate the submitted comments as ``CBI.'' Please 
mark each page of your submission containing CBI as ``PROPIN.'' 
Submissions containing

[[Page 18480]]

CBI should be sent to Arthur Pollack, Standards and Rulemaking 
Division, 202-366-8553, Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001. Any commentary that PHMSA 
receives that is not specifically designated as CBI will be placed in 
the public docket for this notice.

FOR FURTHER INFORMATION CONTACT: Arthur Pollack, Standards and 
Rulemaking Division, 202-366-8553, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 22, 2022, PHMSA \1\ announced an initiative \2\ to convert 
historical LOI applicable to the HMR \3\ that have been issued to 
specific stakeholders into broadly applicable FAQ to facilitate better 
public understanding and awareness of the HMR. In that initial set of 
FAQ, PHMSA also requested comment on the initiative and solicited input 
on the prioritization of future sets of FAQ. FAQ are not substantive 
rules themselves and do not create legally enforceable rights, assign 
duties, or impose new obligations not otherwise contained in the 
existing regulations and standards. Instead, FAQ are intended as an aid 
to the regulated community to better understand how to comply with the 
regulations. An individual who is able to demonstrate that it is acting 
in accordance with the FAQ, however, is likely to be able to 
demonstrate compliance with the relevant regulations. If an individual 
chooses not to follow the FAQ, the individual must be able to 
demonstrate that its conduct is in accordance with the regulations.
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    \1\ Hazardous Materials: Frequently Asked Questions-
Applicability of the Hazardous Material Regulations. 87 FR 16308 
(March 22, 2022), available at: https://www.regulations.gov/document/PHMSA-2021-0109-0001.
    \2\ Hazardous Materials: Frequently Asked Questions-
Applicability of the Hazardous Material Regulations (Dec. 9, 2022), 
available at: https://www.regulations.gov/document/PHMSA-2021-0109-0013; Hazardous Materials: Frequently Asked Questions-Incident 
Reporting. 88 FR 56702 (August 18, 2023), available at: https://www.regulations.gov/document/PHMSA-2021-0109-0014.
    \3\ 49 CFR parts 171-180.
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II. Purpose of the FAQ Initiative

    This initiative provides additional value to PHMSA's Online Code of 
Federal Regulations (oCFR) tool.\4\ The oCFR tool is an interactive 
web-based application that allows users to navigate with a single click 
between all content, including LOI, connected to an HMR citation. The 
oCFR tool includes the ability to sort, filter, and export search 
results. Upon completion of this initiative, PHMSA's Office of 
Hazardous Materials Safety (OHMS) will be able to achieve efficiencies 
for other more complex or novel requests for LOI and devote resources 
to other hazardous materials transportation safety projects. This 
initiative will also allow resources to be made available for other 
improvement-related operations, such as petitions for rulemakings, 
public outreach and engagement, and economically beneficial regulatory 
and policy improvements. In the section of this notice titled 
``Frequently Asked Questions: Hazmat Training Requirements,'' PHMSA is 
publishing its third set of FAQ developed under this initiative.
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    \4\ PHMSA's Online CFR (oCFR), available at: https://www.phmsa.dot.gov/standards-rulemaking/hazmat/phmsas-online-cfr-ocfr.
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III. Frequently Asked Questions

Hazardous Materials (Hazmat) Training Requirements

    The requirements for hazmat training are outlined under Subpart H 
to Part 172 of the HMR--specifically, Sec. Sec.  172.700 through 
172.704.\5\ Therefore, as noted above, to facilitate better public 
understanding and awareness of the HMR, the FAQ pertaining to hazmat 
training are as follows:
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    \5\ https://www.ecfr.gov/current/title-49/part-172/subpart-H.
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1. Question: What are the hazardous materials training requirements?
    Answer: A hazmat employee, defined under Sec.  171.8, is subject to 
training under Sec.  172.700. Each hazmat employer must train and test 
their hazmat employees, certify their training, and develop and retain 
records of current training. The HMR requires a systematic training 
program that ensures a hazmat employee has familiarity with the general 
provisions of the HMR; is able to recognize and identify hazardous 
materials; has knowledge of specific requirements of the HMR applicable 
to functions performed by the employee; and has knowledge of emergency 
response information, self-protection measures, and accident prevention 
methods and procedures.
2. Question: What is required as part of a complete hazmat training 
program?
    Answer: Section 172.704 requires that hazmat training include:
     general awareness/familiarization training;
     function-specific training;
     safety training;
     security awareness training; and
     in-depth security training if a security plan is required.
    Additionally, Sec.  172.700 requires hazmat employees receive 
modal-specific training for the individual modes of transportation the 
employee operates.
    This training can be performed by the hazmat employer, by the 
hazmat employee, or by a contracted training service so long as all the 
training requirements in Subpart H to Part 172 are met.
3. Question: Who is considered a ``hazmat employee?''
    Answer: A hazmat employee is defined in Sec.  171.8 as any person 
who--in the course of employment--directly affects hazmat 
transportation safety and includes, but is not limited to, loading, 
unloading, or handling hazmat; inspecting hazmat packaging; preparing 
hazmat shipments; operating vehicles used to transport hazmat; and 
anyone responsible for hazmat transportation safety.
4. Question: Who is considered a ``hazmat employer?''
    Answer: A hazmat employer is defined in Sec.  171.8 as a person who 
uses one or more of its hazmat employees to transport hazmat in 
commerce; to cause hazmat to be transported in commerce; or designs, 
manufactures, fabricates, inspects, marks, maintains, reconditions, 
tests, or repairs containers, drums, or packagings as qualified for use 
in the transportation of hazardous materials.
5. Question: Do the HMR allow a hazmat employee to self-train?
    Answer: Yes. Hazmat employees may self-train, provided the general 
awareness/familiarization training, function-specific training, safety 
training, security awareness training, in-depth security training, 
testing, recordkeeping, and certification requirements specified in 
Sec.  172.704 are met.
6. Question: What training materials and resources are available from 
PHMSA?
    Answer: PHMSA's Outreach and Training Branch offers training 
publications, videos, and brochures, which can be found at: https://

[[Page 18481]]

www.phmsa.dot.gov/training/hazmat/hazardous-materials-outreach-
engagement.
7. Question: Is a hazmat trainer required to have a certification or 
minimum level of training?
    Answer: No. PHMSA does not specify or require minimum 
qualifications for hazmat trainers. A trainer needs to be able to 
convey the training requirements under Sec.  172.704.
8. Question: What documentation or recordkeeping is required for 
hazardous materials training?
    Answer: Hazmat employers must keep training records for each hazmat 
employee in accordance with Sec.  172.704(d). Compliance with 
recordkeeping requirements can be achieved in many ways (e.g., 
certificate, electronic, or even written paperwork) and could involve 
partnerships with any organization offering training that meets the 
needs of the hazmat employer. The training records must include the 
following information:
     the hazmat employee's name;
     date of the most recently completed training;
     information about the training materials;
     name and address of the trainer; and
     a certification that the hazmat employee has been trained 
and tested in accordance with the HMR.
    Regardless of who performs the training or generates the records, 
the hazmat employer is ultimately responsible for compliance with the 
recordkeeping requirements of Sec.  172.704(d).
9. Question: Is testing of hazmat employees--for example, a test or 
exam--required as part of a training program?
    Answer: Yes. While the HMR do not prescribe detailed test 
procedures for hazmat employees, some type of test or exam is required. 
The purpose of testing is to ensure that each hazmat employee has been 
trained on appropriate areas of responsibility and can perform their 
assigned duties in compliance with the HMR. (See Sec.  172.702; see 
also Sec.  172.704.) Any method of testing that achieves this purpose 
is acceptable. No specific testing document is required.
    Although the requirements in Sec.  172.702(d) do not state that a 
hazmat employee must ``pass'' a test, a hazmat employee must be trained 
in accordance with the applicable HMR and may only be certified in 
those areas in which the hazmat employee can successfully perform their 
assigned duties. Employees may be tested on the training requirements 
specified in Sec.  172.704 by any appropriate means.
10. Question: May an employee successfully take a test and have the 
hazmat training or recurrent training requirement waived?
    Answer: No. An employee may not take and pass an exam, and then 
have the hazmat training or the recurrent training requirement waived. 
Hazmat training and recurrent training must cover the primary areas as 
specified under the training requirements in Sec.  172.704, i.e., 
general awareness/familiarization training, function-specific training, 
safety training, security awareness training, and in-depth security 
training (if applicable).
11. Question: How often must a hazmat employee be trained?
    Answer: In accordance with Sec.  172.704(c)(2), a hazmat employee 
must receive the required training at least once every three years.
12. Question: If an employee's job function changes, and new hazmat 
functions are performed or PHMSA regulations are amended, is further 
training required?
    Answer: Yes. A hazmat employer must ensure that each hazmat 
employee is thoroughly instructed in the requirements that apply to 
functions performed by that employee. (See Sec.  172.702(b).) Section 
172.704(c)(1) requires that a new hazmat employee or a hazmat employee 
who changes job functions must complete their hazmat training within 90 
days after employment or job function change. However, they may perform 
the job functions prior to the completion of training under the direct 
supervision of a properly trained and knowledgeable hazmat employee. 
When PHMSA adopts a new regulation or changes an existing regulation 
that relates to a function performed by a hazmat employee, the hazmat 
employee must be instructed in the new or revised function-specific 
requirements as soon as necessary based on the new requirement's 
compliance timeline without regard to the three-year training cycle.
13. Question: How does a hazmat employer determine what function-
specific training is required under Sec.  172.704?
    Answer: Function-specific training is specific to the function(s) 
for which the hazmat employee is responsible. The hazmat employer must 
determine what tasks the hazmat employee is responsible for that are 
directly regulated under the HMR, and then provide the necessary 
training in accordance with Subpart H to Part 172.
14. Question: Is online, computer-based, and virtual training 
authorized under the HMR?
    Answer: Yes. A hazmat employer may use any type of training method, 
including forms of digital training (e.g., online, computer-based, and 
virtual training programs), that ensures each hazmat employee receives 
general awareness/familiarization training, function-specific training, 
safety training, security awareness training, and in-depth security 
training. (See Sec.  172.704; see also Sec.  172.702.) The hazmat 
employer must also ensure that testing, recordkeeping, and 
certification requirements as specified in Sec.  172.704 are met.
15. Question: Can previously completed Occupational Safety and Health 
Administration (OSHA), U.S. Environmental Protection Agency (EPA), or 
other required safety training substitute for hazmat training?
    Answer: Training conducted to comply with the hazard communication 
programs required by OSHA, EPA, or training programs required by other 
federal or international agencies may be used to satisfy portions of 
the training requirements set forth in Subpart H to Part 172.
16. Question: What are the penalties for violation of the requirements 
of the HMR, such as training?
    Answer: A hazmat employer must ensure that each of its hazmat 
employees is trained in accordance with the requirements prescribed 
under Subpart H to Part 172. (See Sec.  172.702.) A person who 
knowingly violates a requirement of the HMR or the Federal Hazmat 
Transportation Law, 49 U.S.C. 5101 et seq., may be liable for a civil 
penalty of not more than $ 99,756.\6\ For a violation that results in 
death, serious illness, severe injury, or substantial property 
destruction, the maximum penalty is increased to $ 232,762.\6\ For 
violations related to training, there is a minimum penalty of $ 601. 
(See Sec.  107.329.) Maximum and minimum penalty limitations are 
updated annually to adjust for inflation.
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    \6\ As of December 28, 2023, https://www.federalregister.gov/documents/2023/12/28/2023-28066/revisions-to-civil-penalty-amounts-2024. Annual updates to civil penalty amounts are codified at Sec.  
107.329.

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[[Page 18482]]

17. Question: Who is responsible for the required hazmat training of a 
subcontractor's employees?
    Answer: Under Sec.  171.8, a subcontractor's hazmat employee is a 
hazmat employee. In accordance with Sec.  172.702(a), the 
subcontractor, as the hazmat employer for its hazmat employees, is 
responsible for ensuring that each of its hazmat employees are trained 
in accordance with Subpart H to Part 172. However, Sec.  172.702(c) 
provides flexibility on who can provide the training. The training may 
be provided by the hazmat employer or by some other public or private 
source.
18. Question: Is a person located outside the United States who offers 
a shipment from a foreign location for transportation in the United 
States--in accordance with an international standard recognized by the 
HMR--subject to the training requirements in Subpart H to Part 172?
    Answer: Yes. Sec.  171.22 prescribes additional requirements for 
the use of international standards for shipments offered for 
transportation or transported in the United States and includes 
shipments originating in a foreign location and transported to the 
United States. Under Sec.  171.22(g)(2), the training requirements in 
Subpart H to Part 172, including function specific training, must be 
satisfied. Training conducted, in accordance with Sec.  171.22, to 
comply with the international standards may be used to satisfy the 
training requirements set forth in Sec.  172.704, to the extent that 
such training addresses the training components specified in Sec.  
172.704(a). It is not necessary to duplicate training. However, the 
hazmat employer must provide additional training to employees 
performing covered functions for any training components required by 
the HMR that were not previously addressed.
19. Question: Is a driver required to have hazmat training in 
accordance with Subpart H to Part 172 if the driver has a hazmat 
endorsement on a CDL?
    Answer: Yes. In accordance with Sec.  177.800(c), each driver who 
is a hazmat employee is subject to the training requirements in Subpart 
H to Part 172, and the driver training requirements in Sec.  177.816, 
regardless of whether a hazmat endorsement is required. However, the 
training required to obtain a hazmat endorsement may be used to satisfy 
some of the training requirements of the HMR to the extent that such 
training addresses the training components of Sec.  172.704. (See Sec.  
177.816(c).)

IV. Future FAQ Topics

    With the completion of this set of FAQ specific to training 
requirements, PHMSA will begin consideration for its next set of FAQ 
based on public input received. As such, PHMSA will continue concurrent 
work on future FAQ notices and subsequent topics may include FAQ 
pertaining to classification, hazard communication, hazardous 
substances, hazardous wastes, modal-specific requirements, or 
packaging.

    Issued in Washington, DC, on March 7, 2024, under authority 
delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2024-05268 Filed 3-12-24; 8:45 am]
BILLING CODE 4910-60-P