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Interpretation Response #14-0131 ([Valley Equipment Leasing] [Mr. Mark Dhority])

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

Interpretation Response Details

Response Publish Date:

Company Name: Valley Equipment Leasing

Individual Name: Mr. Mark Dhority

Location State: CO Country: US

View the Interpretation Document

Response text:

July 29, 2014

Mr. Mark Dhority

Safety Manager
Valley Equipment Leasing
P.O. Box 16284
Denver, CO 80216
Reference No. 14-0131

Dear Mr. Dhority:

This responds to your June 30, 2014 email and subsequent telephone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the emergency response telephone information provided on a shipping paper.  You have provided a shipping paper and ask if it is compliant with § 172.201(d) with regard to identifying the person (by name or contract number) who has a contractual agreement with the service provider, as prescribed in in subpart G of part 172.   You indicated during the telephone conversation that the emergency response telephone number entered on the shipping paper is for a third party emergency response information provider (ERI provider).

The scenario on the provided shipping paper is restated as follows:

The shipping paper is a “Poet Ethanol Products” bill of lading.  “Yuma Ethanol, LLC” is shown in the Consignor field at the top of the form; “Ethanol Products, LLC” is shown in the Consignee field; “Phillips 66 Company” is shown in the Ship To/Credit Inventory To field; and “Valley Equipment Leasing Inc.” is shown in the Carrier field.  The emergency response telephone number is clearly provided at the bottom of the shipping paper.

In accordance with subpart G of part 172 as specified in § 172.604(b)(2), 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, unless the name or identifier is entered elsewhere in a prominent manner as provided in § 172.604(b)(1).  Paragraph (b)(1) authorizes the name of the person registered with the ERI provider to be 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.

Provided it is “Yuma Ethanol, LLC” that is registered with the ERI provider, the placement of “Yuma Ethanol, LLC” in the Consignor field at the top of the form is consistent with the requirement in §172.604(b)(1) in that it is prominent, readily identifiable, and clearly visible in the first field on the form.  In addition, by satisfying subpart G, the shipping paper you provided would be in compliance with § 172.201(d).  However, if one of the other parties indicated on the shipping paper is the person who is registered with the ERI provider, their name, or contract number or other unique identifier assigned by the ERI provider would need to be entered on the shipping paper immediately before, after, above, or below the emergency response telephone number. 

I trust this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Shane C. Kelley
Acting International Standards Coordinator
Standards and Rulemaking Division

 

172.201(d), 172.604(b)(2), 172.604(b)(1)

Regulation Sections

Section Subject
172.201 Preparation and retention of shipping papers
172.604 Emergency response telephone number
172.604 Emergency response telephone number