URS Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. special Programs Research and JUL 1 1 2002 Washington, D.C. 20590 Administration Mr. Andrew N. Romach Reference No.: 02-0179 Corporate Regulatory Manager URS Corporation 1600 Perimeter Park Drive Morrisville, NC 27560 Dear Mr. Romach: This is in response to your letter regarding emergency response information required by § 172.602 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the Emergency Response Drill (ERG) Code listed in Column N of Section 4.2, List of Dangerous Goods, in the International Civil Aviation Organization Technical Instructions, ["Column N" is actually in the International Air Transportation Association (IATA) Dangerous Goods Regulations] satisfies the emergency response information requirements in § 172.602 of the HMR. The answer is no, the ERG Code by itself does not meet the emergency response information required by § 172.602(a) of the HMR. The code which consists of a combination of numbers and letter includes neither the basic description and technical name of the material nor the emergency response information. However, the IATA Dangerous Goods Regulations in Section 4.1.6.14, under "Column N", refers persons to ICAO's "Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods" for explanation of the ERG Code. Section 172.602(b)(3)(iii) of the HMR authorizes use of the ICAO Emergency Response Guidance aboard aircraft or other equivalent documents to meet the emergency response information requirements for a separate document. I hope that this information is helpful. Sincerely, Hotte 2. MitheM Hattie L. Mitchell Chiet, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2FROM: URS CORPORATION FAX NO.: 9194611371 86-24-82 89:42A P.01 • URS Corbin June 21, 2002 $172.402 Shipping Papers Mr. Ed Mazzullo, Director Office of Hazardous Material Standards 02-0179 Research and Special Programs Administration U.S. Department of Transportation 400 7th Street. SW Washington, DC 20590-0001 FAX: (202) 366-3012 Dear Mr. Mazzullo: I am writing to you with a question about Emergency Response Information required in 49 CFR 172.602(a) to be presented on a shipping paper as allowed in 49 CPR 172.602(b)(a)(3)(i). I am writing to request a written regulatory interpretation concerning whether or not the ERG Code listed in Column N of Section 4.2 List of Dangerous Goods in the International Civil Aviation Organization (ICAO) Technical Instructions would be sufficient to meet the DOT hazard communication requirements listed above and referenced in USG-12 in the ICAO. The ERG Code listed in the ICAO refers to the Emergency Incidents Involving Dangerous Goods (ICAO Doc. 9481). Response Drill Code found in the ICAO document "The Emergency Response Guidance for Airoratt In recent discussions with DOT, the opinion was given that even though the ERG referenced in the CAO does not include preliminary first aid measures [as required in 49 CFR 172.602(a)(7)), that referencing the guide would be sufficient to meet the DOT hazardous communication requirements. Some confusion has cmerged because the above-mentioned emergency guide is referred to by the same acronym as the DOT 2000 Emergency Response Guidebuuk (ERG). Written clarification of this matter would be appreciated. Sincerely, Corporate Regulatory Manager URS Corporation 1600 Perlmeter Park Drive URS Corporation Morrisville, NC 27560 Tel: 919.461.1220 andy_romach@urscorp.com Fax:919.461.1371#