Interpretation Response #17-0082
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
November 30, 2017
Save the Situation
Langwedel, Germany 24631
Reference No. 17-0082
Dear Ms. Glimsche:
This letter is in response to your July 14, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to emergency response information. Specifically, you ask if the requirements for the emergency response information can be fulfilled by providing the "24-hour" emergency response telephone number on a shipping paper if the aircraft crew and forwarding companies in the United States have the Emergency Response Guidebook (ERG) readily available.
The answer is no. The general requirements for emergency response information found in § 172.600(c) state, "No person to whom this subpart applies may offer for transportation, accept for transportation, transfer, store, or otherwise handle during transportation a hazardous material unless: (1) Emergency response information conforming to this subpart is immediately available for use at all times the hazardous material is present; and (2) Emergency response information, including the emergency response telephone number, required by this subpart is immediately available." If a person offers, transfers, accepts, or otherwise handles hazardous materials during transportation, the shipping paper (e.g., shipper's declaration, IMO declaration) must include the emergency response telephone number and either include or be accompanied by the emergency response information (see § 172.602(b)).
You may use the ERG to satisfy the HMR's emergency response information requirements by providing an ERG guide number with each hazardous material description and verifying carriage of an ERG in the carrier’s vehicles (see § 172.602(b)(3)(iii)). However, the emergency response information and the emergency response telephone number are both required by the HMR. Providing only the emergency response telephone number will not meet the general requirements as specified in § 172.600(c).
I hope this information is helpful. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
172.600(c), 172.602(b), 172.602(b)(3)(iii)
|§ 172.602||Emergency response information|