Training
Pipeline and Hazardous Materials Safety Administration · May 25, 1995 · Reference No. 95-0366
Interprets: 49 CFR § 172.702
Reggie’s quick take
A state agency (NCDA) asked how training rules apply to its work with pesticides. PHMSA said that when NCDA staff pick up hazardous pesticides from homeowners and drive them in state vehicles, the trips are not "in furtherance of a commercial enterprise," so the Hazardous Materials Regulations do not cover them. Once chemicals reach state labs and staff handle them there without NCDA help, that is not "transportation" under § 107.3, so the rules do not apply. But when NCDA staff pack hazardous materials for shipment by common carrier, they must follow the packaging and labeling rules, and they need training under 49 CFR Part 172 Subpart H.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This is in response to your inquiry concerning training requirements (49 CFR Part 172, Subpart H) as they apply to the functions carried out by the NCDA as described in your letter. I apologize for the delay in responding and regret any inconvenience it may have caused.
We have responded to your scenarios as follows:
1. When NCDA employees pick up pesticides from homeowners that are hazardous materials and transport them in state-owned vehicles, the action is not considered to be "in furtherance of a commercial enterprise." These movements are not regulated under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
2. After a delivery has been made to state laboratories, non-assisted by NCDA employees, NCDA employees handle the chemicals on-site. In this scenario, your state employees are not performing any actions described as "transportation" under § 107.3, and are not regulated under the HMR.
3. When NCDA employees pack hazardous materials for shipment by common carrier they are responsible for ensuring that proper packaging and hazard communication is applied as described under the HMR. To ensure proper compliance, they would require training under 49 CFR Part 172 Subpart H.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.