CMA CGM (America), Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration MAR 7 2008 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Kevin Reposa Hazardous Cargo Manager CMA CGM (America) Inc. 5701 Lake Wright Drive Norfolk, VA. 23 502- 1 868 Ref. No. 07-0142 Dear Mr. Reposa: This is in response to your e-mail requesting clarification of the emergency response telephone number requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-1 80). Specifically, you ask whether an emergency response telephone number that is provided on a shipping paper by the consignee and not the offeror of a hazardous material is in violation of $ 172.604. You also ask whether a consignee meets the definition of an offeror. The function of providing an emergency response telephone number may be performed by any person. The definition in $ 171.8 of "a person who offers or an offeror" includes g person who performs, or is responsible for performing, any pre-transportation function required under this subchapter for transportation of the hazardous material in commerce." Therefore, as a consignee, if you perform the function of providing the emergency response telephone number on a shipping paper, you are responsible for assuring that the function is performed in accordance with the HMR. No violation of the HMR has taken place by doing so. For your information, a recent notice of proposed rulemaking (NPRM), HM-206F (72 FR 35961), "Revision of Requirements for Emergency Response Telephone Numbers," was published on July 2, 2007. The NPRM further discusses the definition of "offeror," responsibility for providing a valid emergency response telephone number, and other proposed clarifications and revisions to the emergency response telephone number requirements. I hope this information is helpful. Please contact this office if you have additional questions. Sincerelv. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2MUn)yf& 3172- .LO+ Page 1 of 2 mrgeylcy +me phdne t6Mh - Drakeford, Carolyn <PHMSA> -. From: INFOCNTR <PHMSA> Sent: Tuesday, July 17,2007 I : I 1 PM To: Drakeford, Carolyn <PHMSA> Subject: FW: Request for Letter of lntrepretation for 49 CFR 172.604 From: SDS D.ept REPOSA Kevin [mailto:usa.kreposa@cma-cgm.com] Sent: Monday, July 16, 2007 4:57 PM To: INFOCNTR <PHMSA> Subject: Request for Letter of Intrepretation for 49 CFR 172.604 Can you please accept this e-mail as formal request for a letter of Interpretation on the following subject? Subject 49 CFR 172.604 The above mentioned cite makes reference that the person who offers for transportation must provide an emergency response telephone number, including the area code or internation'al access code and the telephone number must 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. I ask the DOT to answer the following scenario: A hazardous material is being imported into the USA and the emergency contact telephone number on the shipping paper is provided by the consignee as either their own number meetirlg the regulation 49 CFR 172.604 (a) or one of an agency meeting the regulation of 49 CFR 172.604(a). Would an enforcement officer of the Department of Transportation issue a discrepancy and possible fine because the emergency contact number was provided by the consignee and not the offeror of the hazardous material? I understand the definition of offeror functions to be found in 49 CFR 171 . I (b). Does a consignee meet this definition? Does the Department of Transportation have any restriction as to who provides the emergency contact phone number or as long as it is listed and meeting the requirements of 49 CFR 172.604(a). Best Regards Kev~n Reposa Hazardous Cargo Manager CMA CGM (America) Inc. 5701 Lake Wright Drive Norfolk, VA. 23502-1 868 Tel: 757-961 -2408 Cell: 757-575-8522 usa kreposa@cma-cgm com Email D i s c l a i m e r N o t i c e : T h i s I f you e m a i l a r e message n o t may c o n t a i n p r i v i l e g e d a n i n t e n d e d r e c i p i e n t , and c o n f i d e n t i a l you a r e h e r e b y n o t i f i e d i n f o r m a t i o n t h a t i n t e n d e d f o r any d i s s e m i n a t i o n I f you have r e c e i v e d t h i s e m a i l i n e r r o r , p l e a s e n o t i f y u s a t 757-961-2100 and immed Although CMA CGM (America) I n c . h a s t a k e n r e a s o n a b l e p r e c a u t i o n s t o e n s u r e no v i r u s e Be a d v i s e d t h a t no employee o r a g e n t i s a u t h o r i z e d t o c o n c l u d e any b i n d i n g agreement#

Page 3Page 2 of 2 •', Thank you. 7/17/2007#