{"operation":"document","citation":"10-0051","title":"Minnesota Department of Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-09-30","effective_on":null,"summary":"10-0051 response to Minnesota Department of Transportation concerning 171.8, 172.604.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0051.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0051.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0051","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100051.pdf","body":"<<<PAGE 1>>>\n\nU.S. Deportment ofTronsportotion Pipeline and Hazardous Materials\nSafety Admip,i~tration\nSEP 30 2010\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMr. Michael Ritchie\nHazardous Materials Specialist\nMinnesota Department of Transportation\nCommercial Vehicle Operations\n395 John Ireland Boulevard, MS 460\nSt. Paul, MN 55155\nReference No. 10-0051\nDear Mr. Ritchie:\nThis is in response to your e-mail and subsequent telephone conversations and faxes regarding\nthe HM-206F final rule, \"Revision of Requirements for Emergency Response Telephone\nNumbers\" published on October 19,2009 in the Federal Register [74 FR 53413]. (A correction\nto the final rule's effective date was published on October 22,2010 [74 FR 54489].)\nSpecifically, you state that trade associations, such as petroleum marketers, contract on behalf of\ntheir members, with Emergency Response Information (ERI) providers to supply detailed\nemergency and incident mitigation information as required by § 172.604(a)(2) of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). You state the ERI providers are capable\nof, and accept responsibility for, providing this information for individual trade association\nmembers. You ask whether § 172.604 requires the name of the individual petroleum company\non the shipping paper, or would the contract number between the association and the ERI\nprovider meet the requirements. Under either condition, you further indicate that the name of the\nassociation member is included on the shipping paper so an emergency responder can readily and\neasily identify the individual hazardous materials shipper or carrier, and that the shippers or\ncarriers are transporting only the hazardous materials (i.e.; fuel oil and gasoline) for which the\nassociation has provided the required emergency response information.\nAs specified under § 172.604(a), a person (see § 171.8 for the definition of \"person\") who offers\na hazardous material for transportation must provide an emergency response telephone number,\nincluding the area code, or for telephone members outside of the United States, the international\naccess code or the \"+\" (plus) sign, country code, and city code, as appropriate, for use in the\nevent of an emergency involving the hazardous material.\nSection 172.604(b) specifies that the telephone number required by § 172.604(a) must be either:\n(1) the number of the person offering the hazardous material for transportation when that person\nis also the ERI provider; or (2) the number of an agency or organization capable of, and\naccepting responsibility for, providing the detailed information required by § 172.604(a)(2).\n\n<<<PAGE 2>>>\n\nThe person who is registered with the ERI provider must ensUre that agency or organization has\nreceived current information on the material, as required by § 172.604(a)(2), before it is offered\nfor transportation. The name of the person who is registered with the ERI provider must be\nidentified by name, or contract number or other unique identifier assigned by the ERI provider,\non the shipping paper immediately before, after, above, or below the emergency response\ntelephone number in a prominent, readily identifiable, and clearly visible manner that allows the\ninformation to be easily and quickly found. The name of the person registered with the ERI\nprovider or an identifying number, such as a contract number, that identifies the name of the\nregistrant with the ERI provider, may be used to satisfy the requirement. Note that the name of\nthe person registered with the ERI provider (or the identifying number) is not required to be\nentered on the shipping paper in association with the ER telephone number if the name of the\nperson is entered elsewhere on the shipping paper in a prominent, readily identifiable, and clearly\nvisible manner that allows the information to be easily and quickly found.\nTherefore, provided the provisions in Subpart G of Part 172 are met, the association, as registrant\nwith the ERI provider, is the correct person to note, either by name or contract (identifying)\nnumber on the shipping paper in association with the ER telephone number.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nr-7'r#~~\nT. Glenn Foster,\nChief, Regulatory Review and Reinvention\nOffice ofHazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDrakeford. Carolyn (PHMSA)\nFrom: Mitchell. Hattie (PHMSA) Eme f9en~ ~e:::p:nse J.1m~y\nSent: Friday, March 05, 2010 3:15 PM\nTo: Drakeford. Carolyn (PHMSA) lO-W5i\nCc: Betts, Charles (PHMSA); susan.gorksky@dot.gov\nSubject: RE: Request for interpretation HM-206F\nCarolyn, please log in -to Joan.\nFrom: Ritchie, Mike (DOT) [mailto:Michael.Ritchie@state.mn.us]\nSent: Friday, March 05, 2010 2:31 PM\nTo: Mitchell, Hattie (PHMSA)\nCc: Betts, Charles (PHMSA); susan.gorksky@dot.gov; Kudzia, Randal (DOn\nSubject: Request for interpretation HM-206F\nMarch 5,2010\nHattie Mitchell\nPipeline & Hazardous Materials\nSafety Administration\nOffice of Standards-PHH-12\n1200 New Jersey Avenue\nWashington, DC 20590\nDear Ms. Mitchell}\nOn October 19, 2009} PHMSA issued HM-206F: Revision of the Requirements for Emergency Response Telephone\nNumbers. This rulemaking addresses the use of Emergency Response Telephone Information Service Providers (ERI\nproviders), organizations that are capable of, and accept responsibility for} providing the detailed emergency and\nincident mitigation information required by 49 CFR 172.604 (a) (2) for individual hazardous materials shippers or\ncarriers. The revised regulation requires the person registered with the ERI provider to be identified by name or contract\nnumber on the shipping paper next to the required emergency contact telephone number if that person is not clearly\nidentified elsewhere on the shipping paper.\nTrade associations, such as petroleum marketers} contract with ERI providers, to provide that service for their individual\nmember companies. The trade association provides all required emergency response information to the ERI provider.\nThe member companies deliver the same products, for example fuel oil and gasoline, every day} and carry a shipping\npaper without change that identifies those products correctly} and retain records of those shipments as required in 49\nCFR 177.817 (f). That \"permanentll shipping paper prominently displays the emergency contact telephone numberofthe\nservice provider, but does not have the name of the individual petroleum dealer on it. It is carried in the truck} and\naccessible as required in 49 CFR 177.817 (e).\nThe contract to provide emergency telephone information is between the trade association and ERI provider. Display of\na contract number next to the emergency contact telephone number on the shipping paper} would identify only the\ntrade association} not the specific hazmat shipper or carrier. The ERI provider does not have contact information for all\ntrade association members. Does the revised regulation require the name of the individual petroleum company to be\non the shipping paper} or would the contract number between the association and the ERI provider meet the\nrequirements?\nPlease contact me if you have any questions.\n1\n\n<<<PAGE 4>>>\n\nYours truly,\nMichael Ritchie\nHazardous Materials Specialist\nMinnesota Department of Transportation\nCommercial Vehicle Operations\n395 John Ireland Boulevard, MS 460\nst. Paul, MN 55155\nMichael.ritchie@state.mn.us\n2","truncated":false,"body_characters":7418}