Interpretation Response #11-0005 ([Suttons International] [Mr. David Brown])

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

Interpretation Response Details

Response Publish Date: 03/03/2011

Company Name: Suttons International

Individual Name: Mr. David Brown

Location State: NJ Country: US

View the Interpretation Document

Response text:

March 3, 2011

Mr. David Brown

Suttons International

485C Route 1 South

Iselin, NJ 08830

Reference No.: 11-0005

Dear Mr. Brown:

This responds to your email 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 your organization, Suttons International, offers hazardous materials on behalf of Sabic Innovative Plastics via vessel through Zim Integrated Shipping Services. On behalf of Sabic Innovative Plastics, Suttons International has contracted with an emergency response information (ERI) provider, Chemtrec, using Sabic Innovative Plastics" name. You ask whether Suttons International can be shown as the shipper on a shipping paper while using Sabic Innovative Plastics" emergency response telephone number, contract number and name to fulfill the requirements of § 172.604, if authority is granted by Sabic Innovative Plastics?

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 numbers 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. 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.

In accordance with § 171.2(b) there may be more than one offeror of a shipment of hazardous materials. Therefore, provided both Suttons International and Sabic Innovative Plastics meet the definition of "person who offers" in § 171.8, either can be shown as the shipper on a shipping paper. However; the entity that is registered with the ERI provider must be the one noted in association with the ER telephone number. See § 172.604(b)(2). Whether the original or subsequent offeror"s ERI provider"s telephone number remains active for a subsequent offeror is a matter of agreement between the two parties. A subsequent offeror may not assume that it has authorization to use the original or previous offeror"s emergency response telephone number and an offeror who uses an emergency response number other than its own, may only use that number by prior agreement or arrangement.

I hope this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

172.604, 171.2(b)

Regulation Sections