Vinson & Elkins L.L.P. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administratior FEB 1 4 2001 Mr. David Tuckfield Vinson & Elkins L.L.P. Ref. No. 00-0352 One American Center, Suite 2700 600 Congress Avenue Austin, TX 78701 Dear Mr. Tuckfield: This is in response to your December 12, 2000, letter regarding emergency response telephone number requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Specifically you request clarification on the meaning of the term "immediate access to a person with detailed emergency response information." You provide the following scenario in your letter: The person answering the phone is not knowledgeable of the hazards and characteristics associated with the material that is the subject of the call, but is able to connect (e.g., patch) the caller to the person who can provide the information. The person answering the phone may access the person with the information at their home via telephone or pager. The scenario provided in your letter qualifies as "immediate access to a person with detailed information via telephone. If the person answering the phone must rely on a system that emergency response information" if the person answering the phone accesses the person with the necessitates a "call back" (e.g., a pager) it is not in compliance with § 172.604. I hope this satisfies your request. Sincerely, Eland Mazzal Edward T. Mazzullo / Director, Office of Hazardous Materials Standards 000352#

Page 2Vinson &Elkins DEC | 3 2000 ATTORNEYS AT LAW VINSON & ELKINS L.L.P ONE AMERICAN CENTER 600 CONGRESS AVENUE Writer's Phone: 512-495-8562 AUSTIN, TEXAS 78701-3200 Writer's Fax: 512-236-3233 TELEPHONE (512) 495-8400 FAX (512) 495-8612 E-mail: dtuckfield@velaw.com Web: www.velaw.com BAH December 12, 2000 8172.604 Emergency Response Via Federal Express Telephone Number Information Center Office of Hazardous Materials Standards 00-0352 Research and Special Programs Administration U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590-0001 Re: Emergency Response Telephone Number To Whom It May Concern: This letter is a request for clarification of certain requirements under 49 CFR Section 172.604 concerning the emergency response telephone number. We have reviewed several DOT Clarification Letters posted on the DOT RSPA website that are answering the emergency response telephone either (1) be able to provide detailed information related to the requirements of Section 172.604, all of which clearly state that the persor concerning the material being shipped, or (2) immediately connect the caller to a person who has that knowledge. Other DOT Clarification Letters also state that the emergency response telephone number cannot be a pager or answering machine, which create the need for the caller The following scenario is similar, but different enough that we request a clarification as to whether it would constitute compliance with Section 172.604. • The emergency response telephone number is answered by a company's Security turn, will contact the company representative who is "on call" for emergency response. representative (a person without specific knowledge of the waste being shipped) who, in The caller is connected, or "patched", to the person with detailed information concerning the material being shipped. The "on call" company representative is required to be accessible by home telephone number or pager. Thus, there may be instances when the AUSTIN BEIJING DALLAS HOUSTON LONDON MOSCOW NEWYORK SINGAPORE WASHINGTON, D.C.#

Page 3Page 2 December 12, 2000 "on call" company representative is paged and must "call back" the Security caller would likely take only a matter of a few minutes, but could possibly take five or ten minutes.. Thank you in advance for your assistance with this request for clarification. Very truly yours, VINSON & ELKINS L.L.P. 01174M David Tuckfield#