NACA Logistics (USA) Inc. dba Vanguard Logistics — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JAN 5 2011 1200 New Jersey Ave, SE Washington, D.C. 20590 Mr. Eric Fischer Hazardous Materials Manager NACA Lo~stics (USA) Inc. dba Vanguard Logistics 857 E. 230 Street. Carson, CA 90745 Ref. No.: 10-0226 Dear Mr. Fischer: This responds to your October 20, 20 10 email requesting clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You refer to a letter issued by this office to DG Advisor (Reference No. 10-0029) pertaining to the changes to § 172.604 regarding the information that is required to accompany the emergency response telephone number. Specifically, in the sample shipping papers that you provided you pose two scenarios and ask if they meet the requirement in § 172.604(b )(1) for the name ofthe person identified with the emergency response telephone number to be entered on the shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found. Your scenarios are restated as follows: Scenario 1 .. Acme Inc is registered with the ERI provider. "Acme Inc" is shown in the Shipper/Consignor/Sender Box of the standard IMO Dangerous Goods Declaration. "Acme Inc" is also shown in the Name ofCompany Preparing Note Box. The only other company name on the shipping paper is listed in the Consignee Box. The ERI Provider name and phone number is in the Additional Handling Information Box. Scenario 2. Acme Inc is registered with the ERI provider. "Acme Inc" is shown in the Shipper/Consignor/Sender Box ofthe standard IMO Dangerous Goods Declaration. "Haz Experts Inc." is shown in the Name of Company Preparing Note Box. The only other company name on the shipping paper is listed in the Consignee Box. The ERI Provider name and phone number is in the Additional Handling Information Box. As shown in the two examples you provided, the placement of"Acme Inc" on the standard IMO Dangerous Goods Declaration is consistent with the requirement in § 172.604(b)(1) in that it is#

Page 2prominent, readily identifiable, and clearly visible in the first box on the form. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. sinB~5~ Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3_D_~_k_e_fu_r_d_,C_a_r_o~I __~..",One ________________________________~~~~~~~ From: INFOCNTR (PHMSA) Sent: Wednesday, October 20, 2010 1 :20 PM To: Drakeford, Carolyn (PHMSA) Cc: DerKinderen, Dirk (PHMSA) Subject: FW: Interpretation Request 172.604 Hi Carolyn, We received the following request for a formal letter of interpretation at the Info Center. Thanks, Victoria Lehman 202-366-1035 From: Eric Fischer [mailto:eric.fischer@vanguardlogistics.com] Sent: Wednesday, October 20, 2010 12:03 PM To: INFOCNTR (PHMSA) Subject: Interpretation Request 172.604 To whom it may concern, As a follow up to your interpretation # 10-0029, I would like to get clarification on 172.604 and how it applies to companies who register with an Emergency Response Information (ERI) provider but do not put their name, contract number or unique identifier "immediately before, after, above, or below the emergency response telephone number." For this case 172.604 states the person who is registered with the ERI Provider must be entered elsewhere on the shipping paper in "a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found." Please advise if each of the following examples are compliant with the "prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found" requirement. Example 1: Acme Inc is registered with the ERI Provider. "Acme Inc" is shown in the Shipper/Consignor/Sender Box of the standard IMO Dangerous Goods Declaration. "Acme Inc" is also shown in the Name of Company Preparing Note Box. The only other company name on the shipping paper is listed in the Consignee Box. The ERI Provider name and phone number is in the Additional Handling Information Box. Example 2: Acme Inc is registered with the ERI Provider. "Acme Inc" is shown in the Shipper/Consignor/Sender Box of the standard IMO Dangerous Goods Declaration. "Haz Experts Inc" is shown in the Name of Company Preparing Note Box. The only other company name on the shipping paper is listed in the Consignee Box. The ERI Provider name and phone number is in the Additional Handling Information Box. Thank you, Eric Fischer Hazardous Materials Manager NACA Logistics(USA) Inc. dba Vanguard Logistics Services Phone: 847-238-5024 Fax: 877-429-6222 www...ls-global.com 1#