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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #13-0081 ([Kriska Transportation] [Mr. Rob Duncan])

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

Interpretation Response Details

Response Publish Date:

Company Name: Kriska Transportation

Individual Name: Mr. Rob Duncan

Country: CA

View the Interpretation Document

Response text:

July 10, 2013

 

Mr. Bob Duncan
Kriska Transportation
300 Churchill Road
P.O. Box 879
Prescott, Canada

Ref. No. 13-0081

Dear Mr. Duncan:

This responds to your April 12, 2013 request for clarification on the emergency response information requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you request clarification on who is responsible for supplying the emergency response information (ERI) and the permitted methods to comply with §§ 172.600 and 172.602.   Your questions are answered as follows:

Q1.  It is your understanding that it is the shipper’s responsibility to supply a Material Safety Data Sheet (MSDS) that includes the emergency response information for the materials shipped attached to the shipping paper.  Is this understanding correct?

A1.   Section 172.600(b) requires persons who offer for transportation, accept for transportation, transfer or otherwise handle hazardous materials during transportation to provide emergency response information including an emergency response telephone number.  Therefore, the responsibility to provide emergency response information is not solely the offeror.  This responsibility is shared by those who offer, accept, transfer or otherwise handle hazardous materials during transportation and must be completed prior to offering hazardous materials into transportation.  An MSDS that includes the emergency response information, although not required, is one form of information that may be used to satisfy the emergency response information requirements.

Q2.  It is your understanding that if the shipper does not supply an MSDS with the emergency response information for the materials shipped attached to the shipping paper then a copy of the ERG must be supplied.  Is this understanding correct?

A2.  Section 172.602(a)(1) requires that the emergency response information to contain the basic description and technical name of the hazardous material as required by            §§ 172.202 and 172.203(k).   Section 172.602(b)(3) requires that the emergency response information is presented (i) on a shipping paper; (ii) in a document, other than a shipping paper, that includes both the basic description and technical name of the hazardous material (e.g. material safety data sheet); or (iii) related to the information on a shipping paper, in a separate document (e.g., an emergency response guidance document such as the ERG), in a manner that cross references the description of the hazardous material on the shipping paper with the emergency response information contained in the document.   If a guide number page from the ERG is used, it must include the basic description and, if applicable, the technical name of the hazardous material.  However, if the entire ERG is present on the transport vehicle, the requirements of § 172.602 are satisfied.  

Q3.  It is your understanding that effective January 1, 2013 if no MSDS with the emergency response information for the materials shipped is attached to it is supplied with the shipping paper, then a photocopy of the ERG must be placed on top of the shipping paper and placing the shipping paper into the appropriate page of the ERG is no longer acceptable.  Is this understanding correct?

A3.  For your information, PHMSA has not published any final rules on emergency response information requirements effective January 1, 2013.  However, the most recent rulemaking on emergency response information and communication, was a final rule published on October 19, 2009, entitled “Revision of Requirements for Emergency Response Telephone Numbers” (74 FR 53413).  The effective date of this final rule was October 1, 2010 (74 FR 54489).  With regard to the permitted manner to communicate emergency response information see A2.

I hope this answers your inquiry.  If you need additional assistance, please call this office on (202) 366-8553.

Sincerely,

Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division

172.600, 172.602

Regulation Sections

Section Subject
172.600 Applicability and general requirements
172.602 Emergency response information