Association of American Railroads — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Ave., SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Mr. Robert E. Fronczak Assistant Vice President Environment & Hazmat Association of American Railroads 50 F Street, NW Washington, DC 20001 Ref. No. 08-0240 Dear Mr. Fronczak: This responds to your September 26,2008 letter requesting clarification of the emergency response information requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80). Specifically, you ask whether evacuation statements are a necessary part of the emergency response information required by tj 172.602(a). In accordance with tj 172.602(a), "emergency response information" is information that can be used to mitigate a transportation accident involving hazardous materials. The information must include immediate precautions to be taken in the event of an accident or incident (8 172.602(a)(4)). Depending on the hazard characteristics and quantity of the material being shipped, such immediate precautions could include evacuation of the area surrounding the accident scene. If so, the emergency response information must include information to assist first responders to take the actions necessary to evacuate the scene, including appropriate evacuation distances. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, ,.: Susan Gorsky Acting chief, ~tandGds Development Office of Hazardous Materials Standards#

Page 2ASSOCIATION OF AMERICAN RAILROADS 3/72 * b o o 3 / 7 2 . L O L ~ r n e y e s ~ R e s p o i l s e mo-.b'twi Safety and Operations Robert E. Fronczak, P.E. Assistant Vice President Environment & Hazmat September 26, 2008 Mr. Edward Mazzullo Director of Hazardous Materials Regulation PHH-10 Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation Washington, DC 20590 Subject: Interpretation Concerning the Need for Evacuation Statements Dear Mr. Mazzullo: The Association of American Railroads would like an interpretation under the Hazardous Materials Regulation 49 CFR §172.600 and S172.602 regarding the emergency response information required under and §172.602(a) items 1 through 7. AAR has interpreted this section to mean that evacuation statements are not needed to fulfill the requirement for emergency response information. The specific statement needing interpretation is § I 72.602(a)(4) which states "Immediate precautions to be taken in the event of an accident or incident". Your confirmation of this interpretation is requested. Thank you for your time and attention to this matter. AAR looks forward to your interpretation of the above mentioned statement. Sincerely, Robert E. Fronczak, P.E 50 F Street, NW I Washington, DC 20001 1 P (202) 639-2839 1 F (202) 639-2930 1 RFronczak@aar.org#