Interpretation Response #07-0142 ([CMA CGM (America), Inc.] [Mr. Kevin Reposa])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: CMA CGM (America), Inc.
Individual Name: Mr. Kevin Reposa
Location State: VA Country: US
View the Interpretation Document
Response text:
March 7, 2008
Mr. Kevin Reposa
Hazardous Cargo Manager
CMA CGM (America) Inc.
5701 Lake Wright Drive
Norfolk, VA. 23502-1868
Ref. No. 07-0142
Dear Mr. Reposa:
This is in response to your e-mail requesting clarification of the emergency response telephone number requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether an emergency response telephone number that is provided on a shipping paper by the consignee and not the offeror of a hazardous material is in violation of § 172.604. You also ask whether a consignee meets the definition of an offeror.
The function of providing an emergency response telephone number may be performed by any person. The definition in § 171.8 of "a person who offers or an offeror" includes any person who performs, or is responsible for performing, any pre-transportation function required under this subchapter for transportation of the hazardous material in commerce." Therefore, as a consignee, if you perform the function of providing the emergency response telephone number on a shipping paper, you are responsible for assuring that the function is performed in accordance with the HMR. No violation of the HMR has taken place by doing so.
For your information, a recent notice of proposed rulemaking (NPRM), HM-206F
(72 FR 35961), "Revision of Requirements for Emergency Response Telephone Numbers," was published on July 2, 2007. The NPRM further discusses the definition of "offeror," responsibility for providing a valid emergency response telephone number, and other proposed clarifications and revisions to the emergency response telephone number requirements.
I hope this information is helpful. Please contact this office if you have additional questions.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
172.604
Regulation Sections
| Section | Subject |
|---|---|
| 171.8 | Definitions and abbreviations |
| 172.604 | Emergency response telephone number |