{"operation":"document","citation":"11-0008","title":"J.J. Keller and Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-06-09","effective_on":null,"summary":"11-0008 response to J.J. Keller and Associates, Inc. concerning 172.604.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0008","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110008.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJUN 0 9 2011\nMr. Thomas J. Ziebell\nJ.J. Keller and Associates, Inc.\n3003 W. Breezewood Lane\nNeenah, WI 54957\nReference No. 11·0008\nDear Mr. Ziebell:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to emergency response telephone\nnumber requirements. Specifically, you ask whether § 172.604(b)(I) addresses shippers\n(offerors) providing their own emergency response telephone, number and whether\n§ 172.604(b )(2) addresses offerors using an emergency response information (ERI)\nprovider. You believe if this is so, the wording in § 172.604(b )(1), \"contract number or\nother unique identifier assigned by an ERI provider,\" as added in the final rule HM-244C,\n\"Minor Editorial Corrections and Clarifications\" [75 FR 53593], published on\nSeptember 1,2010, should be removed to make the intent clearer. You also state that we\ndid not make the corresponding HM-244C changes to § 172.201 (d).\nYou are correct in your understanding of the intent of §§ 172.604(b)( 1) and (b )(2). Section\n172.604(b )(1) is intended to address the offeror also serving as the ERI provider, and\nparagraph (b )(2) is intended to address the offeror using a third party to serve as the ERI\nprovider. We will revise § 172.604(b )(1) accordingly and also review § 172.201( d) for\nconsideration of any necessary revisions in an upcoming rulemaking action.\nThank you for bringing this matter to our attention.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nf .\nDrakeford, Carol\n•\nFrom:\nSent:\nTo:\nSubject:\nMcintyre, Joan (PHMSA) Smer q.enCtA\nWednesday, January 12, 201112:30 PM \\j U\nDrakeford, Carolyn (PHMSA)\nFW: ER telephone number for Interp Lett\nFrom: Thomas Ziebell [mailto:tziebell@JJKELLER.COM]\nSent: Thursday, January 06, 2011 4:17 PM\nTo: McIntyre, Joan (PHMSA)\nCc: Betts, Charles (PHMSA); Boothe, Deborah (PHMSA); Betty Weiland\nSubject: ER telephone number\nHappy New Year Joan,\nI talked to Deborah Boothe in the fall of 2010 about the emergency response telephone number regulation changes in\nHM-244C. She said that the changes in section 172.604 came from you and I should talk to you about my concerns. She\nalso told me that you wrote the HM-206F information, dated October 2010, that is on the PHMSA web site clarifying the\nnew requirements.\nAfter reading your HM-206F information on the web site and the text that was published in HM-244C, I think it was\nintended to have two distinct situations addressed in 172.604(b)(1) and (b)(2). Paragraph (b)(l) would address shippers\nwho provide the ER information and (b)(2) for shippers who use an ERI provider. Assuming this was the intent, I\nsuggest the following.\nIn 172.604(b)(1) that appeared in the September 1, 2010 final rule, it appears that there is some extra text in the\nsecond sentence. If the text \", or contract number or other unique identifier assigned by an ERI prOVider,\" was removed\nit would be clear that this paragraph applies to shippers who provide ER information and do not use an ERI provider.\nHaving this \"extra\" text clouds the distinction between the two paragraphs.\nAlso, I mentioned to Deborah that in HM-244C there were no changes made to 172.201(d) to match the new text in\n172.604(b). Something for a future correction rule.\nFeel free to contact me if you have any questions or comments.\nTom Ziebell\nSr. Hazmat Editor\nJ.J. Keller & Associates, Inc.\ntziebell@jjkeller.com\n920-722-2848 x2532\nWebsite: www.jjkeller.cQm\nLaws, regulations, and best practices change. The observations and comments drawn today may not apply to laws,\nregulations, or best practices as they may be in the future. J. J. Keller & AsSOCiates, Inc. cannot and does not assume\nresponsibility for omissions, errors, or ambiguity contained in this response. Individuals needing legal or other\nprofessional advice should seek the assistance of a licensed professional in that field.\n1","truncated":false,"body_characters":4124}