{"operation":"document","citation":"74 FR 53413","title":"Hazardous Materials: Revision of Requirements for Emergency Response Telephone Numbers","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-10-19","effective_on":"2009-11-18","summary":"In this final rule, PHMSA is amending the Hazardous Materials Regulations to clarify requirements governing emergency response information services provided by arrangement with hazardous materials offerors (shippers). In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, PHMSA is requiring basic identifying information (offeror name or contract number) to be included on shipping papers. This information will enable the emergency response information provider to identify the offeror on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident and obtain additional information about the hazardous material as needed.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-e9-24799.json","markdown":"https://regulus.evalyn.ai/document/federal-register-e9-24799.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-e9-24799","source_url":"https://www.federalregister.gov/documents/2009/10/19/E9-24799/hazardous-materials-revision-of-requirements-for-emergency-response-telephone-numbers","body":"Federal Register, Volume 74 Issue 200 (Monday, October 19, 2009) [Federal Register Volume 74, Number 200 (Monday, October 19, 2009)] [Rules and Regulations] [Pages 53413-53423] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: E9-24799] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 172 and 174 [RSPA Docket No. 2006-26322 (HM-206F)] RIN 2137-AE21 Hazardous Materials: Revision of Requirements for Emergency Response Telephone Numbers AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this final rule, PHMSA is amending the Hazardous Materials Regulations to clarify requirements governing emergency response information services provided by arrangement with hazardous materials offerors (shippers). In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, PHMSA is requiring basic identifying information (offeror name or contract number) to be included on shipping papers. This information will enable the emergency response information provider to identify the offeror on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident and obtain additional information about the hazardous material as needed. DATES: Effective Date: The effective date of this final rule is November 18, 2009. Voluntary Compliance Date: PHMSA is authorizing immediate voluntary compliance beginning November 18, 2009. FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous Materials [[Page 53414]] Standards, telephone (202) 366-8553, Pipeline and Hazardous Materials Safety Administration. SUPPLEMENTARY INFORMATION: I. Background On July 2, 2007, PHMSA issued a notice of proposed rulemaking (NPRM; 72 FR 35961) proposing to make a narrow, clarifying change to the requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to emergency response telephone numbers on shipping papers. With limited exceptions not applicable here (refer to Sec. Sec. 172.600(d) and 172.604(c)), the HMR require shipments of hazardous materials to be accompanied by shipping papers and other documentation designed to communicate to transport workers and emergency responders the hazards associated with a specific shipment. This information must include the immediate hazard to health; risks of fire or explosion; immediate precautions to be taken in the event of an accident; immediate methods for handling fires; initial methods for handling spills or leaks in the absence of fire; and preliminary first aid measures. The information must be in writing, in English, and presented on a shipping paper or related shipping document (see Sec. 172.602). In addition to written emergency response information, Sec. 172.604(a) of the HMR requires a person who offers (offeror) a hazardous material for transportation in commerce to list an emergency response telephone number on the shipping paper. The emergency response telephone number must connect a caller to the offeror or to a person capable of and accepting responsibility for providing detailed information about the hazardous materials shipment. The emergency response telephone number is used by emergency responders and transport workers to obtain detailed, product-specific information, including directions for remedial measures to be taken in the event of an incident during transportation. The telephone number must be answered by a person who is knowledgeable about the material being shipped and possesses comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge. Under this standard, ``immediate access'' requires the emergency response information to be provided to the emergency responder or transportation worker promptly and with no undue delay. Additionally, the emergency response telephone number must be active, with no limitations, during the entire time a shipment is in transportation, including storage incidental to movement and intermodal shipments that are transferred from one carrier to another for continued transportation. Simply stated, the term ``storage incidental to movement'' means storage occurring between the time a hazardous material is offered for transportation and the time it is delivered to the consignee (see Sec. 171.8 for complete definition for ``storage incidental to movement''). As currently required in Sec. 172.604(b), if the offeror uses the services of an emergency response information provider (ERI provider), the offeror must ensure that the ERI provider has up-to-date information on the hazardous material and that the ERI provider is capable of and has accepted responsibility for providing detailed emergency response information applicable to the hazardous material. As discussed in the preamble to the NPRM, we have become aware of a number of problems associated with emergency response telephone numbers on shipping papers, specifically related to the increasing use by offerors of ERI providers to comply with the requirements of Sec. 172.604. In such situations, the original offeror enters into a contract or agreement with an agency or organization (industry associations may offer this service to their members) accepting responsibility for providing detailed emergency response information in accordance with Sec. 172.604(b). The telephone number on the shipping paper is the telephone number of the ERI provider, but the original offeror is not required to include a notation to this effect on the shipping paper, nor is the name of the original offeror required to appear on the shipping paper. Thus, the identity of the person who arranged with the ERI provider is not readily available through shipping documentation. This problem is exacerbated because, under the HMR, a carrier or freight forwarder preparing a shipping paper for the continued movement of a hazardous material in commerce may rely on information provided by the original offeror for the preparation of the new shipping paper (for example, the classification of the material, the compatibility of the material with the packaging being used, or the emergency response telephone number), so long as the carrier or freight forwarder exercises due care. For example, a carrier or freight forwarder may rely on an emergency response telephone number provided by a preceding offeror unless it is aware (or should be aware) of facts indicating the emergency response telephone number is not operative (such as when the offeror has not contracted with the ERI provider) and does not meet the requirements of Sec. 172.604(b). The initial shipment of hazardous materials may be handled by several entities before reaching its final destination. For example, a motor carrier may accept a shipment from the originating offeror for transportation and deliver the material to a freight forwarder to arrange continued transportation. The freight forwarder may prepare shipping papers using the emergency response telephone number provided by the originating offeror. The freight forwarder may then arrange for continued shipment of the hazardous material by rail; a rail carrier may prepare shipping documentation using the information, including the emergency response telephone number, provided by the freight forwarder. The shipping documentation accompanying the shipment may or may not include the name of the originating offeror. In cases where the originating offeror arranges with an emergency response service to provide telephone service, the nexus between the offeror and ERI provider may be lost as new shipping papers are prepared at each stage of transportation. For example, when new shipping papers are prepared for continued transportation of the hazardous materials, the original offeror's name is typically removed and replaced with the subsequent offeror's name. When the initial offeror is also the ERI registrant, that information is no longer available when the emergency responder calls the ERI provider. Without the name of the offeror who arranged for an emergency response service, an ERI provider may not be able to communicate the product-specific information that was provided by the original offeror. This could result in a serious problem if transportation workers or emergency response personnel must use the telephone number to request assistance in handling an accident or emergency. Most ERI providers will attempt to provide assistance whether or not they can verify that an offeror arranged for emergency response service. However, without the identification of the particular offeror who has made arrangements with the service, it may not be possible for the emergency response service to quickly access information specific to the material involved in an incident, thereby defeating the purpose of the requirement in Sec. 172.604 to enable transport workers and emergency [[Page 53415]] response personnel to expeditiously obtain detailed information about a hazardous materials shipment. A delay or improper response due to lack of accurate and timely emergency response information may place emergency response personnel, transportation workers, and the general public at increased risk. Expeditious identification of the hazards and direction for appropriate handling and clean up associated with specific hazardous materials is critical in mitigating the consequences of hazardous materials incidents. To remedy this problem, in the NRPM we proposed to require that when an ERI provider is used to comply with the requirements of Sec. 172.604, the offeror must be identified on the originating shipping paper and any subsequent shipping papers that use the ERI provider's emergency response telephone number. Specifically, we proposed to: 1. Require the offeror who made the arrangement with the ERI provider to be identified on the shipping paper. Any party preparing a shipping paper would be required to identify the original offeror, by name or contract number, with the emergency response telephone number indicated on the shipping paper, and clearly note the identification in association with the emergency response telephone number, or insert and identify its own emergency response telephone number conforming to the requirements in Subpart G of Part 172. 2. Clarify that any person preparing a subsequent shipping paper for continued transport of hazardous materials must include the original offeror's name if that offeror is the registrant for the emergency response telephone service. Again, the name of the original offeror or its contract number with the ERI provider would be required to be included on the shipping paper, or the person preparing subsequent shipping papers must insert and identify by name its own valid emergency response number conforming to the requirements in Subpart G of Part 172. 3. We also proposed the following clarifications: --To clarify that international telephone numbers used to comply with the emergency response telephone number requirement must include the country code, and city code as appropriate. --To clarify that the emergency response telephone number requirements do not apply to transport vehicles or freight containers containing lading that has been fumigated and displays the FUMIGANT marking, as required by Sec. 173.9 of the HMR, unless other hazardous materials are present in the cargo transport unit. II. Comments to the NPRM A total of 23 persons submitted comments to the NPRM, representing industry associations, emergency responders, emergency response information services, offerors, carriers, and the general public. The comments may be accessed via http://www.regulations.gov and are as follows: 1. Arkema, Inc.--PHMSA-2006-26322-02. 2. The FPL Group--PHMSA-2006-26322-04. 3. Jerry Shipman--PHMSA-2006-26322-06. 4. Institute of Makers of Explosives (IME)--PHMSA-2006-26322-07. 5. International Vessel Operators Hazardous Materials Association (VOHMA)--PHMSA-2006-26322-08 and 09. 6. American Trucking Associations (ATA)--PHMSA-2006-26322-10. 7. United Parcel Service (UPS)--PHMSA-2006-26322-11. 8. Air Products and Chemicals (Air Products)--PHMSA-2006-26322-12. 9. Aviation Suppliers Association (ASA)--PHMSA-2006-26322-13. 10. Council on Radionuclides and Radiopharmaceuticals, Inc. (CORAR)-- PHMSA-2006-26322-14. 11. Association of American Railroads (AAR)--PHMSA-2006-26322-15. 12. Council on Safe Transportation of Hazardous Articles (COSTHA)-- PHMSA-2006-26322-16. 13. National Association of Chemical Distributors (NACD)--PHMSA- 2006-26322-17. 14. Veolia ES Technical Solutions LLC (Veolia)--PHMSA-2006-26322- 18. 15. The Chemical Emergency Transportation Center (CHEMTREC)--PHMSA- 2006-26322-19. 16. Fed Ex Express (Fed Ex)--PHMSA-2006-26322-20. 17. American Pyrotechnics Association (APA)--PHMSA-2006-26322-21. 18. Utility Solid Waste Activities Group (USWAG)--PHMSA-2006-26322- 22. 19. International Association of Fire Chiefs (IAFC)--PHMSA-2006- 26322-23. 20. National Paint & Coatings Association (NPCA)--PHMSA-2006-26322- 24. 21. Veolia Environmental Services (Veolia)--PHMSA-2006-26322-25. 22. Lighter Association, Inc.--PHMSA-2006-26322-26. 23. Dangerous Goods Advisory Council (DGAC)--PHMSA-2006-26322-27. III. Revisions to the HMR Adopted in This Final Rule In this rulemaking we are requiring the offeror who is registered with the ERI provider, as reflected by the provider's telephone number on shipping papers, to be identified on the shipping paper. Specifically, we are revising the HMR to: 1. Require an offeror who has made an arrangement with an ERI provider to be identified on the shipping paper in clear association with the emergency response telephone number. In response to comments, we are clarifying that if the name of the offeror is prominently and clearly listed elsewhere on the shipping paper, it need not also be listed in association with the emergency response telephone number. 2. Clarify that any person preparing a subsequent shipping paper for continued transport of a hazardous materials shipment must include the offeror's name (whether the original or subsequent offeror) that is the registrant for the ERI provider and that will be in use for the continued transportation of the shipment. The name of the original or subsequent offeror or its contract number with the ERI provider must be included on the shipping paper. If the original or subsequent offeror is not continuing as the registrant with the ERI provider, the person preparing subsequent shipping papers must insert and identify by name its own valid emergency response telephone number conforming to the requirements in Subpart G of Part 172. 3. Clarify that the person answering the ERI provider's telephone number transmits all written information in English. 4. Clarify that international telephone numbers used to meet the emergency response telephone number requirement must include the international access code or a ``+'' sign as a placeholder for the international access code, country code, and city code as appropriate. 5. Clarify the term ``clear association'' with respect to the placement of the identity of the registrant of the ERI provider. 6. Clarify the current requirement for the emergency response telephone number to be provided on the shipping paper in a ``clearly visible'' location. 7. Clarify that the emergency response telephone number requirements do not apply to transport vehicles or freight containers containing lading that has been fumigated and displays the FUMIGANT marking, as required by [[Page 53416]] Sec. 173.9 of the HMR, unless other hazardous materials are present in the cargo transport unit. The amendments in this final rule are intended to fill a gap that was unforeseen when we initially adopted these requirements in 1989 under Docket HM-126C (54 FR 27138, 06/27/89). The amendments in this final rule will help to ensure that transportation workers and emergency response personnel are provided with accurate and timely information about the hazardous materials involved in a transportation accident or other emergency. This final rule will also serve to eliminate delays in transportation due to lack of such information, and eliminate problems created when compliance personnel are not able to verify emergency response telephone numbers. IV. Discussion of Comments As discussed in detail below, we received comments that are mostly supportive of our proposal to require basic identifying information to be included on shipping papers and some that are not supportive. However, some comments express concerns on certain provisions and request additional revisions. Some comments, such as defining the term ``interlining carrier'' and adopting authorization to use electronic data information are beyond the scope of this rulemaking and, therefore, are not addressesd in this final rule. DGAC agrees that it is necessary to have a clear linkage between the offeror making arrangements with an ERI provider and the provider's emergency response telephone number, but recommends that we address this issue as part of our ongoing initiative to identify ways to promote faster, more efficient communication among shippers, carriers, and emergency responders through the use of electronic data exchange technologies. This initiative is a long-term project that may not be completed for several years. This final rule is intended to minimize delay or improper response resulting from a lack of accurate and timely emergency response information. Absent regulatory action, emergency response personnel, transportation workers, and the general public could be placed at increased risk. Thus, we do not believe delaying this rulemaking is justified. Of the commenters supporting the intent of this rulemaking, VOHMA comments that valuable time is lost when shipments are delayed while emergency responders or enforcement officers are attempting to obtain or verify emergency response information and their efforts are obstructed because the party who arranged with the ERI provider is not noted on the shipping papers. CHEMTREC, an ERI provider, comments that for the arrangement between the registrant and CHEMTREC to work effectively, the registrant must be identified on the shipping paper. The IAFC comments that first responders can prevent or reduce the amount of damage or injury at the scene if they have specific information on the hazardous materials and also states that the safety of the public and emergency responders, and the impact on business operations can depend on quickly obtaining comprehensive and correct information. A detailed discussion of comments to the NPRM follows. A. Reliance on Original Information Several commenters, including Fed Ex and UPS, ask us to restate the clarification that was published under Docket HM-223A (70 FR 43638) and reiterated in the HM-206F NPRM. The clarification addressed a carrier relying on information provided by the original or previous offeror of the hazardous material. As stated in the NPRM's preamble (72 FR 25962), the definition of a ``person who offers or offeror'' includes ``any person who performs, or is responsible for performing, any pre-transportation function required under this subchapter for transportation of the hazardous material in commerce.'' The definition further provides that a carrier is not an offeror when it performs a function as a condition of accepting a hazardous material shipment for continued transportation without performing a pre-transportation function (see definition for ``pre- transportation function'' in Sec. 171.8). In accordance with Sec. 171.2(f), an offeror and carrier may rely on information provided by a previous offeror or carrier unless it knows or a reasonable person acting in the circumstances and exercising reasonable care would know, that the information provided is incorrect. Under Sec. 5123(a)(1) of the Federal hazardous materials transportation law (Federal hazmat law, 49 U.S.C. 5101 et seq.), a person acts knowingly when the person has actual knowledge of the facts giving rise to the violation; or a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge. An offeror or an interconnecting carrier who knowingly or willfully provides incorrect information to a subsequent carrier, or a subsequent carrier who knowingly accepts and continues to use inaccurate information, is in violation of the HMR. A civil or criminal penalty (see Sec. Sec. 107.329 and 107.333) may be assessed against any person subject to the HMR who knowingly or willfully offers for transportation or transports a hazardous material in a manner not complying with the HMR. To reiterate, a carrier, freight forwarder, or other entity may rely on the previous information unless the entity has knowledge that the information is incorrect. Ensuring correct information is the responsibility of the person preparing shipping papers, and any person with knowledge of incorrect information may not continue to use that information. Communication between the original and subsequent offeror before the shipment reaches the subsequent offeror may be warranted in cases when confusion exists on whether the original offeror's ERI provider will continue to be used. B. Use of Emergency Response Number by Subsequent Offerors Some commenters read the NPRM as proposing to require the original offeror to maintain its emergency response information telephone number for subsequent offerors when no agreement has been authorized by the original offeror. For example, IME requests that we correct or confirm its understanding that the ``option'' to use the originating offeror's emergency response number applies only to that offeror's shipment. The commenters state that they support the intent of the rule, but that we appear to be expanding the requirement for originating offerors to provide and monitor emergency response information telephone numbers beyond the delivery of the shipment to the destination on the original offeror's shipping papers. The commenters have misread the NPRM. We did not propose to require the original offeror to maintain an emergency response telephone number throughout subsequent offerors' movements of hazardous materials. We proposed only that the existing requirement for the notation of an emergency response telephone number be augmented by the inclusion of the registrant's name or contract number with the ERI provider. This rulemaking was prompted, in part, because some subsequent carriers when preparing new shipping papers were omitting the initial registrant's name, inserting their own name, but retaining the initial offeror's ERI provider for which the initial offeror was the registrant. Whether in cases where the previous offeror's ERI provider was intended to end upon acceptance of the shipment by [[Page 53417]] the subsequent offeror or was intended to be active for the subsequent offeror, the identifying link to the ERI provider was lost and the telephone number was no longer operative for the shipment. Whether the original or previous 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. C. Use of the Terms ``Emergency Response Service Provider'' and ``Emergency Response Information Provider'' DGAC and CHEMTREC comment that our use of the term ``emergency response service provider'' connotes a range of emergency services beyond that required by the emergency response telephone number and may lead to confusion. The commenters suggested the use of the term ``emergency response information provider.'' We agree the term provides clarity and have made the revision. Veolia states that the term ``emergency response information'' is defined in Sec. 172.602(a) as the minimum information that must be made available, but that in Sec. 172.604(a)(2), when describing the information that must be maintained by the emergency response information provider, we use the phrase ``comprehensive emergency response and incident mitigation information.'' Veolia requests that we remove the latter phrase in Sec. 172.604 and replace it with ``emergency response information.'' We note concerning this comment that the two sections are intended for two different purposes. Section 172.602 refers to the emergency response information that must be printed on or attached to the shipping paper, while Sec. 172.604 is specific to the emergency response telephone number. The person manning the emergency response information telephone number must be able to provide specific and detailed information about the hazardous material (for example, characteristics of the material and comprehensive emergency response information) to supplement and expand on the written emergency response information provided with the shipping paper, such as the Emergency Response Guide (ERG), including comprehensive emergency response and incident mitigation information. The person should have the capability of contacting the shipper for additional information and/or have immediate access to such information. For this reason, we are not making the requested change. D. Comprehensive Knowledge of the Shipment and Needs of Emergency Response Personnel Some commenters express concern about obtaining the most comprehensive knowledge regarding the specific hazardous materials being shipped, stating that the only way to do this is through direct access to the offeror. ATA states that the NPRM does not directly address the problem of ensuring that emergency responders will have direct access to the offeror. Air Products suggests that if a subsequent carrier or freight forwarder prepares its own subsequent shipping papers and uses an ``outside'' ERI provider, the subsequent offeror and provider may not have the necessary information to properly advise emergency responders on the scene. APA states that the emergency response telephone number, hazardous materials description and manifests should carry over throughout an intermodal shipment from the initial offeror to the final consignee. (As a note: APA contracts with a third party emergency response provider who provides detailed emergency response information conforming to Sec. 172.604. APA members may participate in the service and register through APA, and APA submits the participant list to the ERI provider; thus, each member is individually registered.) IAFC states that general reference materials are not substitutes for direct contact with the offeror who has the most knowledge of the product. We agree with the commenters that the offeror will have the most comprehensive knowledge about a specific hazardous material. That is why the HMR requirement for the emergency response telephone number allows for and, indeed, anticipates that the number provided by the original offeror will often be utilized throughout transportation from the original offeror to the consignee. We remind offerors and ERI providers that Sec. 172.604(a)(2) requires the telephone number to be that of a person who is either knowledgeable of the hazardous material being shipped and has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge and information. We agree with IAFC's point that knowledgeable contacts require more than a rote reading from general reference materials, such as the ERG. Offerors must meet the existing comprehensive emergency response requirement by supplying the ERI provider and subsequent offerors, as applicable, with complete and detailed information relevant to the hazardous material, and subsequent offerors must also supply any ERI provider that they engage for themselves with the additional information supplied to them by the original or previous offeror. We remind the reader that Sec. 172.604(b) currently requires the ERI provider to have detailed information concerning the hazardous material and specifies that ``the person offering a hazardous material for transportation who lists the telephone number of an agency or organization shall ensure that the agency or organization has received current information on the material as required by paragraph (a)(2),'' which specifies comprehensive and incident mitigation information for the material. Again, a rote reading alone is not sufficient. COSTHA contends that the existing emergency response telephone number requirement fully meets the needs of emergency response personnel and that we should only clarify the existing requirement that all hazardous materials shipping documentation must include an emergency response contact number representing the number supplied by the offeror. The Lighter Association also questions the advantage of the identification of the party who is registered with the provider, stating that products such as lighters go through many hands (sales agents, distributors, retailers and other third parties) and that often the identity of the party registered with the provider is not known. The Lighter Association asserts that identification of the material by hazard class on the shipping paper and the marking and placarding requirements are sufficient and states that the registrant most likely is ``not going to be readily available.'' These commenters appear to have misread the NPRM. The purpose of the NPRM proposals is to enable emergency responders and transportation workers to readily obtain information from a third-party provider, not for them to obtain the information from the registrant. When the provider is called and the registrant cannot be matched with the product, the provider attempts (with no obligation when an offeror is not registered) to respond with general information applicable to the shipping description, but the product specific information cannot be obtained because the identity of the registrant is not known. Providing comprehensive information for any hazardous material is critical to ensure that emergency response personnel and transportation workers are equipped with the means to [[Page 53418]] respond appropriately and as swiftly as possible to a hazardous material situation. Such information is particularly important if the hazardous material is shipped under a generic shipping name (e.g., flammable liquid n.o.s.) where complete emergency response information may depend on an in-depth knowledge of the hazardous constituents of the material. If the emergency response information provider cannot identify the registrant, then the complete and product specific information about the hazardous material cannot be provided to the emergency responders. We cannot emphasize enough that lack of complete information applicable to the hazardous material being transported impacts the ability of emergency response personnel to properly, safely and expeditiously take action when an incident occurs. Crucial delays can occur with the response and clean up process when the identity of the offeror registered with the ERI provider is not reflected on the shipping paper. The delays may result in serious risks to people and the environment, and may also disrupt the continued transportation of shipments when emergency responders and transportation workers are pressed to take valuable time on the scene of an incident to obtain emergency response information. CHEMTREC asks us to inform the regulated community that it makes it known to each person registering with CHEMTREC that either the previous offeror should be indicated on the shipping paper (if continuing to maintain an emergency response telephone number), or the party that has taken on the offeror function should itself be registered. E. Format on Shipping Papers Several commenters request that we provide a specific format for the identification of the registrant of the ERI provider, stating that, as proposed, it may not always be clear who is registered with the ERI provider. For example, COSTHA notes that shipments being consolidated into one freight container may contain materials from more than one offeror, with each providing a separate emergency response telephone number and that many less-than-truckload (LTL) carriers create manifests or delivery receipt documents that provide the original offeror's name and emergency response contact information. COSTHA states that to create shipping documents to include the offerors' name or contract number registered with the ERI provider would be confusing to emergency personnel and create more errors. With respect to multiple shipments being consolidated into one freight container, currently, when more than one emergency response telephone number is needed for consolidated hazardous materials, the various emergency response telephone numbers are required to be noted following the applicable shipping descriptions. We do not agree that the addition of registrant information in association with the applicable telephone number will create confusion. Veolia is supportive of the rulemaking, but requests that when the offeror noted on the shipping paper is the registrant of the ERI provider, no need exists to reenter the offeror's name near the emergency response telephone number. Similarly, DGAC states its assumption that the offeror's identity is not required to be repeated if the identification is noted ``elsewhere'' on the shipping document, particularly with international shipments. We continue to be concerned that if the registrant with an ERI provider is not clearly identified, the nexus between the registrant and the provider will be lost. However, we agree with the commenters that if the registrant is prominently, clearly and readily identified elsewhere on the shipping paper--e.g., the offeror listed on the shipping paper is also the registrant and clearly identified--then the registrant need not also be listed in association with the emergency response telephone number. Subsequent entities in the transportation chain (carriers, freight forwarders, etc.) that prepare new shipping papers must ensure that the name or the contract number of the original offeror, if that offeror's ERI telephone number remains in effect, is provided in association with the emergency response telephone number, unless prominently identified elsewhere. CHEMTREC states that precious time is lost when the caller on the scene of an incident is having trouble identifying the registered offeror because of the lack of uniformity of the information on shipping papers. CHEMTREC also comments (and we agree) about the necessity of taking care when preparing new shipping papers with regard to ensuring that the name or contract number is not inadvertently altered, which can create problems and delays in correctly identifying the registered offeror. We received complaints that the telephone number is also difficult to quickly identify when its positioning on the shipping paper is located near other text in a manner that blends the telephone number with other text (such as when using small, difficult-to-read font size), thereby rendering the number difficult to locate and/or to read. Based on the comments received concerning the necessity of a standard format for the registrant information, we are revising the regulatory text to read that the identification of the registrant of the emergency response telephone number provider must be placed immediately before, after, above or below the telephone number, unless the registrant is prominently, clearly and readily identified elsewhere on the shipping paper as discussed earlier in this preamble. This should provide sufficient flexibility for the creation of a shipping paper while ensuring that the registrant is clearly identified. In addition, considering the exception being incorporated in this final rule and based on the comments specific to being unable to quickly identify the registered offeror as well as identify and easily read the telephone number itself, we are revising the regulatory text by clarifying the meaning of ``clearly visible'' and ``prominently, clearly and readily identifiable'' in Sec. 172.604(a)(3)(ii) and (b)(2), respectively. We are making this clarification so that there is no question as to the intent of the requirement, including that it encompasses the readability of the information (registered offeror and telephone number), as well as the location. F. International Access Codes Several commenters request clarification in the regulatory text regarding the use of international emergency response telephone numbers. DGAC suggests an expansion of the text to make clear that the international access code, country code and city code must be included when the emergency response telephone number is an international call. We agree and in this final rule have revised the regulatory text in Sec. 172.604(a) accordingly. Additionally, we are adding the use of the ``+'' (plus) sign, which we understand is already commonly used in international commerce, as an option to noting the specific international access code. Each country has an international access code used to dial out of the country and a country calling code used to dial into a country. Generally, the international access code is replaced with a ``+'' (plus) sign for telephone numbers published for international calling. The plus sign is a universal prefix and means that the caller must use the specific prefix assigned to his or her country. Many telephones allow the plus sign to be entered, although the method may vary. For example, most GSM (global system for mobile communications) mobile [[Page 53419]] phones allow the plus sign to be entered by either holding the ``0'' (zero) key or striking the ``*'' (asterisk) key twice; the plus sign is automatically converted to the correct international access code. UPS asks whether requiring country and city codes prohibits the use of a toll-free telephone number. This requirement does not prevent the use of a toll-free telephone number, provided an emergency responder can dial the number as it appears on the shipping paper without stopping to look up international access, country and city codes, and provided the toll-free telephone number meets the requirements in Subpart G of Part 172, including the current requirement in Sec. 172.604(a)(2) that specifies a telephone number may not entail a call back (such as an answering service, answering machine, or beeper device) and identity provision adopted in this final rule. G. Notification of the Pilot-in-Command UPS is concerned that the requirements for the Notification of Pilot-in-Command (NOTOC) contains ``extraneous'' information and cites a petition for rulemaking (P-1487) in which UPS requests a thorough review of the NOTOC requirements. We will address the UPS petition in a future rulemaking. H. Costs and Time Needed To Implement Some commenters believe that the provision in this final rule will impose significant costs and be difficult and time consuming to implement for carriers and offerors. UPS states that the requirement will impact: (1) The design of shipping papers by impinging on scarce available space, (2) the programming of computer systems by requiring reprogramming of countless systems used to print the information, (3) communication protocols between UPS's customers and UPS's internal systems, and (4) enforcement protocols used by inspectors","truncated":true,"body_characters":70030}