William Quade — Hazardous Materials Safety Interpretation

Page 1Memorandum of Transportation U.S. Department Research and Special Programs Administration Date AUG 3 0 2001 Reply to Attn. of: Reference No.: 01-0176 Subject INFORMATION: Request for Interpretation of 49 CFR 172.604 for OTHO A. all •O Edward T. Mazzullo, Director Office of Hazardous Materials Standards, DHM-10 To William Quade Chief, Hazardous Materials Division FMCSA This is in response to your request for clarification of § 172.604. Your questions are paraphrased and answered as follows: Ql. What is the maximum allowable elapsed time from the time an emergency response call is placed, until the caller receives the required information? Al. Section 172.604(a) requires that the emergency response telephone number be the number 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. The term "immediate access" is not defined in the HMR. However, the term is intended to indicate that the emergency response information must be provided to a responder without undue delay. Clearly, a few minutes may elapse during a telephone call while the person answering the emergency response telephone number locates specific information on a particular product or contacts a person with that information. However, any delay longer than a few minutes would be unacceptable. Q2. May the caller be referred to another telephone number? A2. The answer is no. Providing another telephone number, without providing the required response information or connecting the emergency responder to a knowledgeable person, does not fulfill the requirements in § 172.604.#

Page 2..: - Q3. The emergency responder is told that someone will call them back in ten minutes. Is that acceptable? •À3:: 'The answer is-no. "Call backs," regardless of time parameters, are unacceptable and do not satisfy the requirements in § 172.604. Q4. Is there a maximum time that the caller should wait for the call to be answered, i.e., a maximum number of rings? 44. The answer is no. Q5. Is it acceptable for the person answering the emergency response telephone number to read verbatim from the Emergency Response Guidebook (ERG)? A5. Merely reading the information from the ERG does not meet the requirements in § 172.604(a). The person answering the emergency response telephone number should have knowledge beyond the information contained in the ERG; that person should be knowledgeable of the hazards and characteristics associated with the hazardous material, be familiar with the terminology and subject matter, and be able to provide comprehensive emergency response and accident mitigation information for the material involved. 06. Is it acceptable for the person answering the phone to ask for a brand/common name because that person cannot respond to the proper shipping name. A6. As some products contain widely varying concentrations of a hazardous material, the person answering the emergency response telephone number may ask for a trade name in order to provide the most appropriate information. Because the emergency responder placing the call may not have access to that information, the person answering the emergency response telephone number must be able to provide emergency response information based on the basic description on the shipping paper. ##

Page 3•, : Gale, John Sent: From: Mazzullo, Ed Subject: To: Thursday, July 12, 2001 9:02 AM Corbin FW: 172.604 interpretation request Gale, John $172.604 Emergency Response CLOSE A clarification is naeded.doc Please assign for handling. telephone Number) -Original Message--. From: Quade, William <FHWA> [mailto:William.Quade@fhwa.dot.gov] 01-0176 Sent: Thursday, July 12, 2001 7:11 AM To: Mazzullo, Ed <RSPA> Cc: Cicero, Anthony <FHWA>; Eno, Andrew <FHWA>; Byrd, Bill <FHWA>; shetect: Dan: 1,2,604 intexpretation request Daniel <EHWA> Ed, attached is a request for interpretation from the field staff. caise some very good questions. Answers are needed to facilitate enforcement I think they of this regulations. appreciate it if we could give this matter some priority. I believe there iș some enforcement pending, I would BQ Thanks, 1#

Page 4A A interpretation is needed: What is an acceptable response for an emergency response call? While regulation, 172.604 appears simple and easy to understand, there doesn't situations that have occurred in the field are: seem to be agreement on what is considered in compliance. Some of the questions or 1) What would be the allowable maximum amount of elapsed time from the time the caller first calls until an acceptable response is obtained? Comments: This should include situations such as the caller being transferred, put on hold, or waiting for someone to find the needed information. 2) Is it acceptable if the caller is told to call another number? Would the time required to complete the second call be included in an allowable maximum amount of elapsed time? 3) Is it acceptable if the responder says they will call back in ten minutes? 4) What would be the allowable maximum amount of time the caller should wait for a call to be answered? Should a maximum number of rings be set? 5) Is it acceptable if the responder reads verbatim from the Emergency Response Guide? 6) Is it acceptable if the responder cannot respond to the proper shipping name? Comments: We have had responders ask for brand names. We would suggest that responders be required to respond to the proper shipping name or identification numbers as this is the information available to emergency response personnel.#

Page 554336 Federal Register /Vol. 65, No. 174/Thursday, September 7, 2000/Notices (2) Election of Committee Chairman & business (5:00 p.m. edt) September 15, Committee Sponsor. (3) Remarks by RADM P. Pluta, Docket No. MARAD-2000-7841 was 2000. The notice of application in United States. OPS is extending its volunteer pilot program to all regulated (4) Approval of the April 26, 2000 August 28, 2000 (65 FR 52157-52158). published in the Federal Register of compensating the states and regional transmission operators. OPS will be PORTS Update reports. (5) Old Business: VTS Update and (Catalog of Federal Domestic Assistance repositories for their startup and operating costs. operator. Estimate of Burden: 20 hours per (6) New Business: (8) Adjournment. (7) Next meeting. By Order of the Maritime Administrator. Dated: September 1, 2000. hazardous liquid operators. Respondents: Gas transmission and Procedural Joel C. Richard, [FR Doc. 00-23034 Filed 9-6-00; 8:45 am] Secretary, Maritime Administration. 1350. Estimated Number of Respondents: Please note that the meeting may close The meeting is open to the public. BILLING CODE 1910-81-P Respondent: 1. Estimated Number of Responses per Chair's discretion, members of the early if all business is finished. At the Respondents: 27,000 hours. Estimated Total Annual Burden on during the meeting. If vou would like to public may make oral presentations DEPARTMENT OF TRANSPORTATION between 10 a.m.-5 p.m. Monday This document can be reviewed meeting, please notify the Committee make an oral presentation at the Research and Special Programs Administration at the Dockets Facility, U.S. Department through Friday, except Federal holidays, Administrator no later than September 25, 2000. Written material for [Docket 98-4957 Notice 22] of Transportation, Room PL-401, 400 distribution at the meeting should reach Collection: Comment Request Extension of Existing Information Seventh St., SW., Washington, DC the Coast Guard no later than September need for the proposed collection of Comments are invited on: (a) The your material distributed to each 25, 2000. If you would like a copy of Administration (RSPA), DOT. AGENCY: Research and Special Programs subcommittee in advance of the member of the committee or of the functions of the agency, including information for the proper performance comments. ACTION: Notice and request for public • meeting, please submit 28 copies to the practical utility; (b) the accuracy of the whether the information will have indicated under Addresses no later than Committee Administrator at the location participation in the Office of SUMMARY: This notice requests public proposed collection of information agency's estimate of the burden of the September 25, 2000. Management and Budget (OMB) methodology and assumptions used; (c) including the validity of the With Disabilities Information on Services for Individuals approval process for extension of an RSPA intends to request OMB approval existing RSPA collection of information. clarity of the information to be ways to enhance the quality, utility and services for individuals with For information on facilities or of information collection 2137-0596, burden of the collection of information collected; and (d) ways to minimize the disabilities, or to request special Act of 1995 and 5 CFR Part 1320. (NPMS) under the Paperwork Reduction National Pipeline Mapping System assistance at the meetings, contact the on those who are to respond, including indicated under Addresses as soon as Committee Administrator at the location the use of appropriate automated, received on or before November 6, 2000 DATES: Comments on this notice must be technological collection techniques. electronic, mechanical, or other to be assured of consideration. notice will be summarized and included All timely written comments to this K.J. Eldridge, Dated: August 18, 2000. ADDRESSES: Interested persons are invited to send comments in duplicate Comments will be available to the in the request for OMB approval. Commander, Eighth Coast Guard District. Captain, U.S. Coast Guard, Acting of Transportation, 400 Seventh St., SW., to the Dockets Facility, U.S. Department public in the docket. [FR Doc. 00-22977 Filed 9-6-00; 8:45 am] to http://dms.dot.gov. Please identify Washington, DC 20590-0001 or e-mail Issued in Washington, DC on August 31, BILLING CODE 4910-15-U in the heading of this notice. the docket and notice numbers shown Stacey L. Gerard, DEPARTMENT OF TRANSPORTATION [FR Doc. 00-22848 Filed 9-6-00; 8:45 am) Associate Administrator for Pipeline Safely FOR FURTHER INFORMATION CONTACT: Maritime Administration Marvin Fell, (202) 366-6205, to ask BILLING CODE 1910-60-P (Docket No. MARAD-2000-7841] mail to marvin.fell@rspa.dot.go lestions about this notice, or write t Department of Transportation. AGENCY: Maritime Administration, SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION ACTION: Extension of comment period. System. Title: National Pipeline Mapping Administration Research and Special Programs SUMMARY: The Maritime Administration information collection Type of Request: Extension of existing the closing date for comments in Docket (MARAD) is hereby giving notice that Safety (OPS), along with state agencies, Abstract: RSPA's Office of Pipeline Docket No. RSPA-00-7283; Notico No. 00- No. MARAD-2000-7841, application of written permission for temporarv Marine Transport Corporation for have been working with natural gas and Advisory Notice; Transportation of hazardous liquid pipeline operators to Lithium Batteries transfer to the coastwise trade of the develop NPMS. When complete, NPMS will depict and provide data on all AGENCY: Research and Special Programs integrated tug barge SMT Chemical gas transmission and onzardous Administration (RSPA), DOT. Trader, has been extended to close of liquid pipeline systems operating in the ACTION: Advisory notice.#

Page 6Federal Register/ Vol. 65, No. 174/ Thursday, September 7, 2000/Notices 54337 incident during transportation in which SUMMARY: RSPA (we) is aware of an lithium metal. However, because of batteries contain small amounts of normally encountered in transportation. lithium batteries which are excepted a fire occurred in a shipment of primary existing exceptions in the HMR and the HMR include liquid cathode batteries Lithium batteries excepted from the Regulations (HMR). We are issuing this from the Hazardous Materials ICAO Technical Instructions, these packages were excepted from all hazard containing no more than 0.5 grams of communication requirements (i.e. lithium or lithium alloy per cell, or advisory notice to (1) inform persons of marking, labeling and shipping papers). more than 1 gram of lithium or lithium containing an aggregate quantity of no this incident and the potential hazards present while in transportation, (2) that shipments of lithium batteries may basic categories of lithium batteries: It should be noted that there are two alloy, and solid cathode batteries prımary (non-rechargeable) lithium • lithium or lithium alloy per cell, or an containing no more than 1 gram of recommend actions to offerors and transporters to ensure the safety of such lithium batteries. Primary lithium batteries, and secondary (rechargeable) grams of lithium or lithium alloy. Cells aggregate quantity of no more than 2 shipments, (3) provide information the transportation of lithium batteries, concerning the current requirements for batteries employ different technology to produce electricity than do rechargeable or lithium alloy and no more than 25 that contain 5 grams or less of lithium that we received from the National (4) inform persons of recommendations airport involved primary lithium lithium batteries. The incident at LAX grams of lithium or lithium alloy per batteries; however, in the interest of battery are also excepted from the HMR Transportation Safety Board (NTSB) on caution, we recommend that an offeror if they pass tests specified in the United and our response to those the transportation of lithium batteries of either category of lithium batteries Criteria. Cells and batteries that do not Nations (UN) Manual of Tests and the actions we have taken to date and recommendations, (5) inform persons of take the following steps: (1) Ensure that the batteries are batteries that contain lithium and meet the test requirements and cells and plan to take in the future to address the the HMR, in packages capable of packaged in a manner that conforms to lithium alloys above these levels are provide information concerning hazards of these batteries, and (6) withstanding conditions normally subject to the HMR as a Class 9 material encountered in transportation, and must be packed in UN performance initiatives being taken by members of including preventing the release of labeled, and described on shipping oriented packagings, and marked, distribution industry to address the battery manufacturing and package which could make the batteries packaged contents or damage to the papers in accordance with the HMR. these batteries. concerns relating to transportation of B. NTSB Recommendations FOR FURTHER INFORMATION CONTACT: John contain such batteries, and specify what (2) Inform transporters that packages Transportation Safety Board issued five On November 16, 1999, the National Materials Standards, RSPA, Department Gale or Eric Nelson, Office of Hazardous damaged through package markings, actions should be taken if packages are safety recommendations to RSPA on the SW., Washington, DC 20590-0001, of Transportation, 400 Seventh Street, shipping papers or other means. recommendations were issued as the transportation of lithium batteries. The SUPPLEMENTARY INFORMATION: Telephone (202) 366-8553. especially an aircraft operator: We recommend that a transporter, result of the Safety Board's investigation packages to avoid damage, whether or (1) Exercise care in handling of all of the incident that occurred on April are as follows: 28, 1999, at LAX. The recommendations I. Guidance and Recommendations transporters take precautions in the We recommend that offerors and not those packages are identified as containing hazardous materials. Administration, evaluate the fire A-99-80. With the Federal Aviation containing lithium batteries from (2) Remove any damaged packages transportation of lithium batteries that hazards posed by lithium batteries in an as a hazardous material under 49 CFR are presently excepted from regulation the batteries are free from damage and transportation until it is determined that require that appropriate safety measures air transportation environment and 180) and Special Provision A45 of the 173.185 of the HMR (49 CFR parts 171- can be appropriately repackaged and occupants. The evaluation should be taken to protect aircraft and International Civil Aviation continue in transportation. These recommendations are lithium batteries in the United Nation's consider the testing requirements for Instructions for the Transport of Organization (ICAO) Technical voluntarily by members of the battery consistent with actions being taken Transport of Dangerous Goods Manual Instructions). On April 28, 1999, at Los Dangerous Goods by Air (Technical industry as discussed in more detail packages containing large quantities of of Tests and Criteria, the involvement of below. shipment of two pallets of primary Angeles International Airport (LAX), a II. Regulatory Provisions, NTSB tightly packed batteries in a cargo Recommendations and DOT Actions compartment fire, and the possible lithium batteries caught fire and burned in an air transportation environment, exposure of batteries to rough handling Airlines flight from Osaka, Japan. While after being off-loaded from a Northwest A. Regulatory Provisions for Lithium Batteries including being or abraded open. handling personnel, the packages were the pallets were being handled by cargo standards, the HMR regulate lithium Consistent with international evaluation of the fire hazards posed by A-99-81. Pending completion of your initiated the subsequent fire. The fire damaged. This is believed to have When Wet) material and lithium metal as a Division 4.3 (Dangerous lithium batteries in an air transportation environment, prohibit the transportation employees with portable fire was initially fought by Northwest (miscellaneous) hazardous materials. batteries are regulated as Class 9 of lithium batteries on passenger- carrying aircraft. the fire appeared to be extinguished, it extinguishers and a fire hose. Each time meet certain conditions are excepted However, many lithium batteries which containing lithium batteries be A-99-82. Require that packages flared up again. All lithium batteries and cells must be from other requirements in the HMR. identified as hazardous materials, contained 120,000 non-rechargeable The two pallets involved in the fire including appropriate marking and prevent short-circuits under conditions designed or packed in a way as to identification in shipping documents, labeling of the packages and proper lithium primary batteries. These when transported on aircraft.#

Page 754338* Federal Register/Vol. 65, No. 174/ Thursday, September 7, 2000/Notices evaluation of the fire hazards posed by A-99-83. Pending completion of your such as the information contained in potential hazards of lithium batteries, English and the language of the lithium batteries in an air transportation environment, notify the International this notice, and based on the findings of "Lithium batteries inside. Do not shipment's origin, and will state Goods Panel about the circumstances of Civil Aviation Organization's Dangerous our evaluation, initiating rulemaking classification, hazard communication, action as necessary to address the damage or mishandle this package. If package is damaged or mishandled, the fire in the Northwest Airlines cargo facility at Los Angeles International relating to lithium batteries. We have packaging, and operational controls inspected, and repacked." The label will batteries must be quarantined Airport on April 28, 1999. Also pending hazards posed by lithium batteries in an completion of your evaluation of the fire Panel of the LAX incident and have also notified the ICAO Dangerous Goods include a toll free number to call in the event of an emergency. air transportation environment, initiate Nations Recommendations on the initiated proposals to amend the United that is originated by a participating Each shipment of covered products Panel to revise the Technical action through the Dangerous Goods Transport of Dangerous Goods. new lithium ion or lithium polymer company and contains more than 40 Instructions for the Safe Transportation the battery industry concerning actions We have met with representatives of packs (regardless of the number of cells or lithium polymer multi-cell battery cells or more than 20 new lithium ion the transportation of lithium batteries of Dangerous Goods by Air to prohibit being taken voluntarily by them to on passenger-carrying aircratt. the following section. mitigate these hazards, as set forth in identifying its content and in each will carry a label explicitly Dangerous Goods Panel to revise the A-99-84. Initiate action through the lithium batteries, we will initiate any Upon completion of our evaluation of recommended response actions in the Technical Instructions for the Safe Air to require that packages containing Transportation of Dangerous Goods by additional actions necessary to address packaging. The text will appear in both event of an accident or damage to the hazards posed by the transportation hazardous materials when transported lithium batteries be identified as of lithium batteries. shipment's origin, and will state English and the language of the II!. Actions by Members of the Battery inside. (No lithium metal.) In the event "Lithium ion rechargeable batteries NTSB letter and our response are in the Copies of the November 16, 1999, above while we are considering further To address the concerns described of fire, use Class B or C extinguisher. If package is damaged or mishandled, response appears in the next section of public docket. A summary of our around the world involved in the regulatory action, companies from inspected, and repacked.". batteries must be quarantined. the preamble. lithium primary, and lithium ion manufacture and distribution of small exceed 30 kg and will be UN 4G Packages which are marked will not C. DOT Actions dated March 29, 2000. In that response, We responded to the NTSB in a letter lithium polymer rechargeable cells and - pertormance level, or equivalent. hberboard boxes, at the Packing Group batteries voluntarily are implementing a we stated that we were re-evaluating information concerning these batteries. program to identify and provide to air carriers, freight forwarders and Participating companies will provide both the hazards posed by lithium safety measures necessary to protect an batteries in air transportation and the modification of shipping practices The activity is expected to result in other shippers involved in the air transportation of covered products information is being collected from aircraft and its occupants. Additional associated with the vast majority of brochures or similar documents that rechargeable cells and batteries. A smail lithium primary and lithium ion packages, the physiochemical describe the covered products and lithium battery manufacturers and Federal agencies with extensive summary of the program's elements, as characteristics of covered products, the lithium batteries. DOT also intends to experience with testing and the use of is provided below: provided to us by the these companies, shipment handling procedures for communications program, and safe necessary to obtain information not conduct experimental evaluations Lithium, lithium ion and lithium covered packages. polymer cells and batteries exempt from regulations under 49 OR 173.185. Issued in Washington, DC, on August 30, investigation is studying both primary available from other sources. Our Technical Instructions, and/or Special Special Provision A45 of the ICAC Robert A. McGuire, lithium batteries and rechargeable Provision 188 of the UN Associate Administrator for Hazardous lithium batteries. Recommendations on the Transport of [FR Doc. 00-22838 Filed 9-6-00; 8:45 am) Materials Safely. that, taking into account the hazards In our response to NTSB we stated ("covered products") will be affected by Dangerous Goods Model Regulations BILLING CODE 4910-60-P that lithium batteries present in LAX incident, the number of lithium transportation, the unusual nature of the this program. 1, 2000. The full program is expected to Implementation will begin September DEPARTMENT OF TRANSPORTATION batteries that have been transported and the potential economic safely on passenger-carrying aircraft, be in place by February 1, 2001 and companies who are voluntarily DOT will be provided a list of Administration Research and Special Programs consequences, we could not justify an immediate prohibition on the complying. that is originated by a participating Each shipment of covered products [RSPA-00-7795] transportation of lithium batteries on however, initiating alternative actions to assenger-carrying aircratt. We are, Integrity Management Communication Pipeline Safety: Meeting of the new primary lithium cells or 10 new company and contains more than 20 present in air transportation. These address the risk lithium batteries Team primary lithium batteries will be recommended response actions in the marked to identify its content and Idministration, DOT GENCY: Research and Special Program alternative actions include developing shippers and airline personnel on the and distributing information aimed at packaging. The text will appear in both event of an accident or damage to Communication Team Meeting. ACTION: Notice of Integrity Management#