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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.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards



Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.604 Emergency response telephone number