Hyundai America Shipping Agency, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration FEB 1 0 2004 Mr. Herbert Giles Hyundai America Shipping Agency, Inc. Ref. No. 03-0318 Meridian Building 1425 Greenway Drive Suite 600 Irving, TX 75038 Dear Mr. Giles: This responds to your letter of December 9, 2003, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a carrier is responsible for verifying the emergency response telephone number provided by the shipper in accordance with § 172.604. You also ask if a carrier can be responsible for an invalid 24-hour emergency response telephone number on a shipping paper. Section 172.604(a) provides that a person who offers a hazardous material for transportation in commerce must provide an emergency response telephone number for use in the event of an emergency involving the hazardous material. The telephone number must be monitored at all times the hazardous material is in transportation, including incidental storage. Subsection (b) requires the emergency response telephone number to be the number of the person offering the hazardous material for transportation or the number of an agency or organization capable of and accepting responsibility for providing emergency response information about the shipment. A carrier who receives a hazardous material shipment from an offeror (or a prior carrier), accompanied by a shipping paper containing an emergency response telephone number, is not required to independently verify that the emergency response telephone number meets the requirements of § 172.604. However, a carrier may not accept for transportation or transport a shipment of hazardous material when the carrier is aware (or should be aware) of facts indicating that the emergency response telephone number is not operative and does not meet the requirements of § 172.604(b). I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, DA. Marzullo Edward T. Mazzullo Director, Office of Hazardous Materials Standards 172.604 030318 103020/#

Page 2BAH 5172.404 HYUNDAI emergency Response Telephone vumber AMERICA SHIPPING AGENCY, INC. 03-0318 9 December 2003 To: U. S. Department of Transportation 400 7th Street Office of Hazardous Material Standards (DHM 10) Washington, D. C.. 20590 From: Hyundai America Shipping Agency 1425 Greenway Drive, Suite 600 (Hazardous Material Department) Irving, Texas 75038 Subj: Letter of Interpretation. requires that a 24-hour emergency telephone number be listed on all 1. The Code of Federal Regulations 49 (CFR 49) in Part 172.604 hazardous material shipping papers. to ensure the telephone numbers provided by shippers on their shipping Is it the carrier's responsibility papers are valid? 24-hour emergency telephone number on the shipper's hazardous material Additionally, can a carrier be cited for an in-valid shipping papers when presenting shipping papers to authorities? 2. direct control to check Although I 'have made it a matter of procedure for my staff under my when exporting hazardous materials, I find it virtually impossible to. shipping papers being provided by shipper's located in North America check the telephone numbers on shipping papers being provided by Dangerous Goods Declarations). overseas shippers on import hazardous material shipping papers (IMO containers from the discharge terminal to in-land destinations, i.e., a warehouse or a rail facility, continue to be cited by local authorities shipping papers that have been provided by the overseas shipper. for invalid 24-hour telephone numbers on the hazardous material 3. I look forward to your response. Best Regards, Idulate Mile Manager, Hazardous Material Giles Hyundai America 972-550-2645 MERIDIAN BUILDING • 1425 GREENWAY DRIVE, SUITE 600 • IRVING, TX 75038 • PHONE: (972) 550-2600 • FAX: (972) 550-2695#