Interpretation Response #03-0318 ([Hyundai America Shipping Agency, Inc.] [Mr. Herbert Giles])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 02/10/2004

Company Name: Hyundai America Shipping Agency, Inc.

Individual Name: Mr. Herbert Giles

Location State: TX Country: US

View the Interpretation Document

Response text:

Feb 10, 2004

Mr. Herbert Giles                Reference No. 03-0318
Hyundai America Shipping Agency, Inc.
Meridian Building
1425 Greenway Drive
Suite 600
Irving, TX 75038

Dear Mr. Giles:

This responds to your letter of December 9, 2003, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask whether a carrier is responsible for verifying the emergency response telephone number provided by the shipper in accordance with § 172.604. You also ask if a carrier can be responsible for an invalid 24-hour emergency response telephone number on a shipping paper.

Section 172.604(a) provides that a person who offers a hazardous material for transportation in commerce must provide an emergency response telephone number for use in the event of an emergency involving the hazardous material.  The telephone number must be monitored at all times the hazardous material is in transportation, including incidental storage.  Subsection (b) requires the emergency response telephone number to be the number of the person offering the hazardous material for transportation or the number of an agency or organization capable of and accepting responsibility for providing emergency response information about the shipment.

A carrier who receives a hazardous material shipment from an offeror (or a prior carrier), accompanied by a shipping paper containing an emergency response telephone number, is not required to independently verify that the emergency response telephone number meets the requirements of § 172.604. However, a carrier may not accept for transportation or transport a shipment of hazardous material when the carrier is aware (or should be aware) of facts indicating that the emergency response telephone number is not operative and does not meet the requirements of § 172.604(b).

I hope this information is helpful.  If we can be of further assistance, please contact us.

Sincerely,

Edward T. Mazzullo
Director, Office of Hazardous
Materials Standards

172.604

Regulation Sections