Interpretation Response #10-0051 ([Minnesota Department of Transportation] [Mr. Michael Ritchie])

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

Interpretation Response Details

Response Publish Date: 09/30/2010

Company Name: Minnesota Department of Transportation

Individual Name: Mr. Michael Ritchie

Location State: MN Country: US

View the Interpretation Document

Response text:

September 30, 2010

Mr. Michael Ritchie

Hazardous Materials Specialist

Minnesota Department of Transportation

Commercial Vehicle Operations

395 John Ireland Boulevard, MS 460

St. Paul, MN 55155

Reference No. 10-0051

Dear Mr. Ritchie:

This is in response to your e-mail and subsequent telephone conversations and faxes regarding the HM-206F final rule, "Revision of Requirements for Emergency Response Telephone Numbers" published on October 19, 2009 in the Federal Register [74 FR 53413]. (A correction to the final rule"s effective date was published on October 22, 2010 [74 FR 54489].)

Specifically, you state that trade associations, such as petroleum marketers, contract on behalf of their members, with Emergency Response Information (ERI) providers to supply detailed emergency and incident mitigation information as required by § 172.604(a)(2) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state the ERI providers are capable of, and accept responsibility for, providing this information for individual trade association members. You ask whether § 172.604 requires the name of the individual petroleum company on the shipping paper, or would the contract number between the association and the ERI provider meet the requirements. Under either condition, you further indicate that the name of the association member is included on the shipping paper so an emergency responder can readily and easily identify the individual hazardous materials shipper or carrier, and that the shippers or carriers are transporting only the hazardous materials (i.e.; fuel oil and gasoline) for which the association has provided the required emergency response information.

As specified under § 172.604(a), a person (see § 171.8 for the definition of "person") who offers a hazardous material for transportation must provide an emergency response telephone number, including the area code, or for telephone members outside of the United States, the international access code or the "+" (plus) sign, country code, and city code, as appropriate, for use in the event of an emergency involving the hazardous material.

Section 172.604(b) specifies that the telephone number required by § 172.604(a) must be either: (1) the number of the person offering the hazardous material for transportation when that person is also the ERI provider; or (2) the number of an agency or organization capable of, and accepting responsibility for, providing the detailed information required by § 172.604(a)(2).

The person who is registered with the ERI provider must ensure that agency or organization has received current information on the material, as required by § 172.604(a)(2), before it is offered for transportation. The name of the person who is registered with the ERI provider must be identified by name, or contract number or other unique identifier assigned by the ERI provider, on the shipping paper immediately before, after, above, or below the emergency response telephone number in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found. The name of the person registered with the ERI provider or an identifying number, such as a contract number, that identifies the name of the registrant with the ERI provider, may be used to satisfy the requirement. Note that the name of the person registered with the ERI provider (or the identifying number) is not required to be entered on the shipping paper in association with the ER telephone number if the name of the person is entered elsewhere on the shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found.

Therefore, provided the provisions in Subpart G of Part 172 are met, the association, as registrant with the ERI provider, is the correct person to note, either by name or contract (identifying) number on the shipping paper in association with the ER telephone number.

I hope this information is helpful. Please contact this office should you have additional questions.

Sincerely,

T. Glenn Foster,

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.604, 171.8

Regulation Sections