{"operation":"document","citation":"11-0005","title":"Suttons International — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-03-03","effective_on":null,"summary":"11-0005 response to Suttons International concerning 171.2, 172.604.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110005.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMAR 0 3 2011\nMr. David Brown\nSuttons International\n485C Rou te 1 Sou th\nIselin, NJ 08830\nReference No.: 11-0005\nDear Mr. Brown:\nThis responds to your email regarding the HM-206F final rule, \"Revision of Requirements for\nEmergency Response Telephone Numbers\" published on October 19,2009 in the Federal\nRegister [74 FR 53413]. (A correction to the final rule's effective date was published on\nOctober 22,2010 [74 FR 54489].)\nSpecifically, you state that your organization, Suttons International, offers hazardous materials\non behalf of Sabic Innovative Plastics via vessel through Zim Integrated Shipping Services. On\nbehalf of Sabic Innovative Plastics, Suttons International has contracted with an emergency\nresponse information (ERI) provider, Chemtrec, using Sabic Innovative Plastics' name. You ask\nwhether Suttons International can be shown as the shipper on a shipping paper while using Sabic\nInnovative Plastics' emergency response telephone number, contract number and name to fulfill\nthe requirements of § 172.604, if authority is granted by Sabic Innovative Plastics?\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 numbers 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).\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\n\n<<<PAGE 2>>>\n\ntelephone number in a prominent, readily identifiable, and clearly visible manner that allows the\ninformation to be easily and quickly found. Note that the name of the person registered with the\nERI provider (or the identifying number) is not required to be entered on the shipping paper in\nassociation with the ER telephone number if the name of the person is entered elsewhere on the\nshipping paper in a prominent, readily identifiable, and clearly visible manner that allows the\ninformation to be easily and quickly found.\nIn accordance with § 171.2(b) there may be more than one offeror of a shipment of hazardous\nmaterials. Therefore, provided both Suttons International and Sabic Innovative Plastics meet the\ndefinition of \"person who offers\" in § 171.8, either can be shown as the shipper on a shipping\npaper. However; the entity that is registered with the ERI provider must be the one noted in\nassociation with the ER telephone number. See § 172.604(b)(2). Whether the original or\nsubsequent offeror's ERI provider's telephone number remains active for a subsequent offeror is\na matter of agreement between the two parties. A subsequent offeror may not assume that it has\nauthorization to use the original or previous offeror's emergency response telephone number and\nan offeror who uses an emergency response number other than its own, may only use that\nnumber by prior agreement or arrangement.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n':5 e tI\\ e d I c.:r\n5 111.1001\n-§ '7 L . f.&;6l.c\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA) Emerq-ef)~ 'Resp,CJYls'€..\nSent: Monday, January 03,20114:53 PM (e. (~phdn e N.uvnbev\nTo: Drakeford, Carolyn (PHMSA) I 1 - () ODS'\nSubject: FW: Hazmat Information Center Feedback: Emergency Response Information (Sections\n172.1 &ndash; 172.807)\nHi Carolyn,\nWe received the following request for a formal letter of interpretation at the Info Center.\nThanks,\nVictoria\n-----Original Message- --From:\nPHMSA-Feedback [mailto:PHMSA-Feedback]\nSent: Monday, January 03, 2011 4:17 PM\nTo: PHMSA HM InfoCenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Emergency Response Information (Sections 172.1\n&ndash; 172.807)\nSuttons International N.A. is a NVOCC/OTI. We reserve space with Zim lines to ship a\nhazardous material overseas. Our Hazardous dangerous goods Information show Suttons\nInternational as the Shipper. The emergency response information we have set up as:\nChemtrec on behalf of Sabic Innovative Plastics. We list their contract number etc. The\nsteamship line, ZIM, is advising since Sabic is not listed as the shipper we can not use\ntheir emergency response number. Sabic is the offeror to Suttons and Suttons is the offer to\nZim lines. Zim is advising our contract number with Zim needs to be listed. We are an\nNVOCC/OTI whp purchases space from the lines and contract with the Actual shipper to move\ntheir products. We show as shipper on the master bill of lading and haz goods note because\nit is our contract with the steamship line were shipping under. Not Sabicjs. Can you please\nprovide clarity on this issue.\nName: DAVID BROWN\nOrganization: SUTTONS INTERNATIONAL\nEmail: DAVID bROWN@SUTTONS-GROUP.CO.UK\nAddress: 485C ROUTE 1 SOUTH\nCity: ISELIN\nZip Code: 08830\nPhone: 732-549-3535\nCountry: USA\nFAX: 732-549-3023\n1","truncated":false,"body_characters":5989}