{"operation":"document","citation":"PHMSA Guidance, Hazardous Materials: Emergency Response Information Requirements","title":"Hazardous Materials: Emergency Response Information Requirements","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-04-23","effective_on":"2015-04-23","summary":"Hazardous Materials: Emergency Response Information Requirements Document PHMSA-2015-0099-0001.pdf (192.83 KB) PHMSA is issuing this notice to remind hazardous materials shippers and carriers of their responsibility to ensure that current, accurate and timely emergency response information is immediately available to emergency response officials for shipments of hazardous materials, and such information is maintained","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-hazardous-materials-emergency-response-information-0-a53a940d.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-hazardous-materials-emergency-response-information-0-a53a940d.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-hazardous-materials-emergency-response-information-0-a53a940d","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/hazardous-materials-emergency-response-information-0","body":"Hazardous Materials: Emergency Response Information Requirements\n\nDocument\n\n PHMSA-2015-0099-0001.pdf (192.83 KB)\n\n        PHMSA is issuing this notice to remind hazardous materials shippers and carriers of their responsibility to ensure that current, accurate and timely emergency response information is immediately available to emergency response officials for shipments of hazardous materials, and such information is maintained on a regular basis.\n\n          Issued Date: Thursday, April 23, 2015\n\n<<<PAGE 1>>>\n\nFederal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices\n22781\nApplication\nNo. Docket No. Applicant Regulation(s) affected Nature of special permits thereof\n16142–M ....... ......................... Nontong CIMC Tank\nEquipment Co. Ltd.\nJiangsu, Province.\n49 CFR 178.274(b) and\n178.276(b)(1).\nTo modify the special permit to specify the mate-\nrial of construction for the inner shell, raise the\ndesign pressure, water specification, and delete\nthe quantity of baffles.\n[FR Doc. 2015–09356 Filed 4–22–15; 8:45 am]\nBILLING CODE 4909–60–M\nDEPARTMENT OF TRANSPORTATION\nPipeline and Hazardous Materials\nSafety Administration\n[Docket No. PHMSA–2015–0099, Notice No.\n15–7]\nHazardous Materials: Emergency\nResponse Information Requirements\nAGENCY: Pipeline and Hazardous\nMaterials Safety Administration\n(PHMSA), DOT.\nACTION: Notice.\nMarch 5, 2015, a BNSF train carrying\n103 cars of petroleum crude oil derailed\nin Galena, Il. Of the 21 cars derailed\ninvolved in the incident, five caught\nfire. While the Department is still\ninvestigating the circumstances of these\nincidents, they serve as a reminder that\naccurate and accessible emergency\nresponse information can be a critical\ncomponent for an adequate emergency\nresponse effort.\nHistory\nOn June 27, 1989, the Research and\nSpecial Programs Administration\n(RSPA; the predecessor to PHMSA)\npublished a final rule in the Federal\nRegister that codified requirements to\nprovide certain emergency response\ninformation on hazardous materials\nduring their transportation. The final\nrule emphasized the importance for\ncarriers and first responders to have\nfirst-hand, up-to-date, technical and\nemergency response information for\nhazardous materials to minimize the\nconsequences and protect property and\nlife where possible in the event of\nemergency incidents. This rulemaking\naction was issued as a result of the\ninvestigation by the National\nTransportation Safety Board (NTSB) of\nan accident which occurred near\nOdessa, Delaware in October 1982.\nFollowing the investigation, the NTSB\nissued Safety Recommendation I–83–2,\nwhich among other provisions,\nrecommended that RSPA, ‘‘Determine\nby mode of transportation the feasibility\nof requiring comprehensive product-\nspecific emergency response\ninformation, such as Material Safety\nData Sheets, to be appended to shipping\ndocuments for hazardous materials.’’ 1\nThe requirements issued in the final\nrule were ‘‘intended to provide specific\ninformation relative to the hazards of\nthe materials being transported and\nprovide immediate initial emergency\nresponse guidance until further specific\ninformation can be obtained from the\nshipper or others relative to long-term\nmitigation actions.’’ 2\nmstockstill on DSK4VPTVN1PROD with NOTICES\nSUMMARY: PHMSA is issuing this notice\nto remind hazardous materials shippers\nand carriers of their responsibility to\nensure that current, accurate and timely\nemergency response information is\nimmediately available to emergency\nresponse officials for shipments of\nhazardous materials, and such\ninformation is maintained on a regular\nbasis.\nFOR FURTHER INFORMATION CONTACT: Neal\nSuchak, Transportation Specialist,\nStandards and Rulemaking Division,\nOffice of Hazardous Materials Safety,\nPipeline and Hazardous Materials Safety\nAdministration, U.S. Department of\nTransportation, 1200 New Jersey Ave.\nSE., Washington, DC 20590. Telephone:\n(202) 366–8553 or, via email:\nneal.suchak@dot.gov.\nSUPPLEMENTARY INFORMATION:\nBackground and Recent Incidents\nPHMSA is issuing this safety advisory\nnotice to remind offerors, including re-\nofferors, and carriers of hazardous\nmaterials of their responsibilities\npertaining to emergency response\ninformation. The Hazardous Materials\nRegulations (HMR; 49 CFR parts 171–\n180), specifically Subpart G of Part 172,\nprescribe requirements for detailed\nemergency response information,\nincluding, accessibility and\ncommunication of incident mitigation\nmeasures.\nOn February 16, 2015 a CSX train\ncarrying 109 cars of petroleum crude oil\nderailed in Mt. Carbon, WV. The\naccident resulted in the derailment of 26\ntank cars, 14 of which caught fire. On\n1 http://www.ntsb.gov/safety/safety-recs/\nrecletters/I83\n_2.pdf.\n2 54 FR 27142 (HM–126C).\nCurrent Requirements\nWith limited exceptions, the HMR\nrequire shipments of hazardous\nmaterials to be accompanied by\nshipping papers and other\ndocumentation designed to\ncommunicate to transport workers and\nemergency responders the hazards\nassociated with a specific shipment.\nThis information must include the\nimmediate hazard to health; risks of fire\nor explosion; immediate precautions to\nbe taken in the event of an accident;\nimmediate methods for handling fires;\ninitial methods for handling spills or\nleaks in the absence of fire; and\npreliminary first aid measures. The\ninformation must be in writing, in\nEnglish, and presented on a shipping\npaper or related shipping document.\nThe offeror of a hazardous material is\nresponsible for ensuring the emergency\nresponse information is current, correct,\nand accurate. Re-offerors are permitted\nto rely on previous data provided they\ntake no intermediate action, such as\nblending or mixing the material.\nA delay or improper response due to\na lack of accurate or timely emergency\nresponse information may place\nemergency response personnel,\ntransportation workers, and the general\npublic or the environment at increased\nrisk. Expeditious identification of the\nhazards and proper instructions for\nappropriate handling and clean up\nassociated with specific hazardous\nmaterials is critical to quickly mitigating\nthe consequences of unintended\nreleases of hazardous materials and\nother incidents.\nSection 172.600(b) of the HMR\nrequires persons who offer for\ntransportation, accept for transportation,\ntransfer, or otherwise handle hazardous\nmaterials during transportation to\nprovide emergency response\ninformation including an emergency\nresponse telephone number. Therefore,\nthe responsibility to provide emergency\nresponse information is not solely that\nof an offeror. This responsibility is\nshared by those who offer, accept,\ntransfer, or otherwise handle hazardous\nmaterials during transportation and\nmust be completed prior to offering\nhazardous materials into transportation.\nA current safety data sheet (SDS) that\nincludes accurate emergency response\nVerDate Sep<11>2014 18:53 Apr 22, 2015 Jkt 235001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\23APN1.SGM 23APN1\n\n<<<PAGE 2>>>\n\nmstockstill on DSK4VPTVN1PROD with NOTICES\n22782 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices\ninformation for the product being\nshipped, although not required, is one\nform of information that may be used to\nsatisfy the emergency response\ninformation requirements.\nSection 172.602(a)(1) requires that the\nemergency response information\ncontain the basic description and\ntechnical name of the hazardous\nmaterial as required by §§ 172.202 and\n172.203(k). Section 172.602(b)(3)\nrequires that the emergency response\ninformation be presented (i) on a\nshipping paper; (ii) in a document, other\nthan a shipping paper, that includes\nboth the basic description and technical\nname of the hazardous material (e.g.\nsafety data sheet); or (iii) related to the\ninformation on a shipping paper, in a\nseparate document (e.g., an emergency\nresponse guidance document such as\nthe most current revision of the\nEmergency Response Guidebook (ERG)),\nin a manner that cross references the\ndescription of the hazardous material on\nthe shipping paper with the emergency\nresponse information contained in the\ndocument. If a guide number page from\nthe ERG is used, it must include the\nbasic description and, if applicable, the\ntechnical name of the hazardous\nmaterial. If the entire ERG is present,\nhowever, the requirements of § 172.602\nare satisfied.\nEmergency response information must\nalso be immediately available for use.\nSection 172.600(c) requires any person\nwho offers, accepts, transfers or\notherwise handles hazardous materials\nduring transportation not do so unless\nemergency response information is\nimmediately available for use at all\ntimes the hazardous material is present.\nAdditionally, emergency response\ninformation, including the emergency\nresponse telephone number, must be\nimmediately available to any person\nwho, as a representative of a Federal,\nState or local government agency,\nresponds to an incident involving a\nhazardous material, or is conducting an\ninvestigation which involves a\nhazardous material. Section 172.602(c)\nprescribes the maintenance of\nemergency response information. This\ninformation must be immediately\naccessible to train crew personnel,\ndrivers of motor vehicles, flight crew\nmembers, and bridge personnel on\nvessels for use in the event of incidents\ninvolving hazardous materials. Carriers\nmust maintain emergency response\ninformation in the same manner as\nprescribed for shipping papers (Subpart\nC of Part 172 of the HMR).\nEmergency response information must\nbe accompanied by an emergency\nresponse telephone number in\naccordance with § 172.604. This\ntelephone number must be monitored at\nall times the hazardous material is in\ntransportation, including storage\nincidental to transportation. The\ntelephone number must be of a person\nwho is either knowledgeable of the\nhazardous material being shipped and\nhas comprehensive emergency response\nand incident mitigation information for\nthat material, or has immediate access to\na person who possess such knowledge\nand information.\nNTSB Safety Recommendation R–14–18\nAs a result of the November 30, 2012\naccident in which a Consolidated Rail\nCorporation train containing hazardous\nmaterials derailed, spilling vinyl\nchloride into Mantua Creek in\nPaulsboro, New Jersey, the NTSB issued\na number of new Safety\nRecommendations. Among the\nrecommendations issued to PHMSA was\nR–14–18, which urged PHMSA to ‘‘take\naction to ensure that emergency\nresponse information carried by train\ncrews is consistent with and is at least\nas protective as existing emergency\nresponse guidance provided in the\nEmergency Response Guidebook.’’ 3 We\nare considering possible alternatives,\nincluding regulatory action, to affect\nthis recommendation.\nConclusion\nEmergency response information is a\ncritical component of hazardous\nmaterials safety. The responsibility to\nprovide accurate and timely information\nis a shared responsibility for all persons\ninvolved in the transportation of\nhazardous materials. It is a shipper’s\nresponsibility to provide accurate\nemergency response information that is\nconsistent with both the information\nprovided on a shipping paper and the\nmaterial being transported. Likewise, re-\nofferors of hazardous materials must\nensure that this information can be\nverified to be accurate, particularly if\nthe material is altered, mixed or\notherwise repackaged prior to being\nplaced back into transportation. In\n3 http://phmsa.dot.gov/pv_obj_cache/pv_obj_\nid\n_\nF69209B2F102C36FDEBED674D65AC72854380300/\nfilename/NTSB_\nR-14-18\nto-21\n_\n_(8-22-14).pdf.\naddition, carriers must ensure that\nemergency response information is\nmaintained appropriately, is accessible\nand can be communicated immediately\nin the event of a hazardous materials\nincident. Fulfilling these\nresponsibilities is critical in reducing\nthe severity of a hazardous materials\nincident and reduces the risk to\nemergency response personnel,\ntransportation workers, and the general\npublic.\nIssued in Washington, DC on April 17,\n2015.\nTimothy P. Butters,\nActing Administrator, Pipeline and\nHazardous Materials Safety Administration.\n[FR Doc. 2015–09436 Filed 4–22–15; 8:45 am]\nBILLING CODE 4910–60–P\nDEPARTMENT OF TRANSPORTATION\nPipeline and Hazardous Materials\nSafety Administration\nHazardous Materials: Actions on\nSpecial Permit Applications\nAGENCY: Office of Hazardous Materials\nSafety, Pipeline and Hazardous\nMaterials Safety Administration\n(PHMSA), DOT.\nACTION: Notice of actions on special\npermit applications.\nSUMMARY: In accordance with the\nprocedures governing the application\nfor, and the processing of, special\npermits from the Department of\nTransportation’s Hazardous Material\nRegulations (49 CFR part 107, subpart\nB), notice is hereby given of the actions\non special permits applications in\n(October to October 2014). The mode of\ntransportation involved are identified by\na number in the ‘‘Nature of\nApplication’’ portion of the table below\nas follows: 1—Motor vehicle, 2—Rail\nfreight, 3—Cargo vessel, 4—Cargo\naircraft only, 5—Passenger-carrying\naircraft. Application numbers prefixed\nby the letters EE represent applications\nfor Emergency Special Permits. It\nshould be noted that some of the\nsections cited were those in effect at the\ntime certain special permits were\nissued.\nIssued in Washington, DC, on April 8,\n2015.\nDonald Burger,\nChief, Special Permits and Approvals Branch.\nVerDate Sep<11>2014 18:53 Apr 22, 2015 Jkt 235001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\23APN1.SGM 23APN1","truncated":false,"body_characters":13405}