# J.J. Keller and Associates, Inc. — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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>>>

U.S. Department 1200 New Jersey Avenue SE
of Transportation Washington. DC 20590
Pipeline and Hazardous
Materials Safety
Administration
JUN 0 9 2011
Mr. Thomas J. Ziebell
J.J. Keller and Associates, Inc.
3003 W. Breezewood Lane
Neenah, WI 54957
Reference No. 11·0008
Dear Mr. Ziebell:
This is in response to your e-mail requesting clarification of the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180) applicable to emergency response telephone
number requirements. Specifically, you ask whether § 172.604(b)(I) addresses shippers
(offerors) providing their own emergency response telephone, number and whether
§ 172.604(b )(2) addresses offerors using an emergency response information (ERI)
provider. You believe if this is so, the wording in § 172.604(b )(1), "contract number or
other unique identifier assigned by an ERI provider," as added in the final rule HM-244C,
"Minor Editorial Corrections and Clarifications" [75 FR 53593], published on
September 1,2010, should be removed to make the intent clearer. You also state that we
did not make the corresponding HM-244C changes to § 172.201 (d).
You are correct in your understanding of the intent of §§ 172.604(b)( 1) and (b )(2). Section
172.604(b )(1) is intended to address the offeror also serving as the ERI provider, and
paragraph (b )(2) is intended to address the offeror using a third party to serve as the ERI
provider. We will revise § 172.604(b )(1) accordingly and also review § 172.201( d) for
consideration of any necessary revisions in an upcoming rulemaking action.
Thank you for bringing this matter to our attention.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

<<<PAGE 2>>>

f .
Drakeford, Carol
•
From:
Sent:
To:
Subject:
Mcintyre, Joan (PHMSA) Smer q.enCtA
Wednesday, January 12, 201112:30 PM \j U
Drakeford, Carolyn (PHMSA)
FW: ER telephone number for Interp Lett
From: Thomas Ziebell [mailto:tziebell@JJKELLER.COM]
Sent: Thursday, January 06, 2011 4:17 PM
To: McIntyre, Joan (PHMSA)
Cc: Betts, Charles (PHMSA); Boothe, Deborah (PHMSA); Betty Weiland
Subject: ER telephone number
Happy New Year Joan,
I talked to Deborah Boothe in the fall of 2010 about the emergency response telephone number regulation changes in
HM-244C. She said that the changes in section 172.604 came from you and I should talk to you about my concerns. She
also told me that you wrote the HM-206F information, dated October 2010, that is on the PHMSA web site clarifying the
new requirements.
After reading your HM-206F information on the web site and the text that was published in HM-244C, I think it was
intended to have two distinct situations addressed in 172.604(b)(1) and (b)(2). Paragraph (b)(l) would address shippers
who provide the ER information and (b)(2) for shippers who use an ERI provider. Assuming this was the intent, I
suggest the following.
In 172.604(b)(1) that appeared in the September 1, 2010 final rule, it appears that there is some extra text in the
second sentence. If the text ", or contract number or other unique identifier assigned by an ERI prOVider," was removed
it would be clear that this paragraph applies to shippers who provide ER information and do not use an ERI provider.
Having this "extra" text clouds the distinction between the two paragraphs.
Also, I mentioned to Deborah that in HM-244C there were no changes made to 172.201(d) to match the new text in
172.604(b). Something for a future correction rule.
Feel free to contact me if you have any questions or comments.
Tom Ziebell
Sr. Hazmat Editor
J.J. Keller & Associates, Inc.
tziebell@jjkeller.com
920-722-2848 x2532
Website: www.jjkeller.cQm
Laws, regulations, and best practices change. The observations and comments drawn today may not apply to laws,
regulations, or best practices as they may be in the future. J. J. Keller & AsSOCiates, Inc. cannot and does not assume
responsibility for omissions, errors, or ambiguity contained in this response. Individuals needing legal or other
professional advice should seek the assistance of a licensed professional in that field.
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