LAN CARGO — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington, DC 20590 Pipeline and Hazardous Materials Safety Administration AUG 22 2011 Mr. Carlos Ferriol Dangerous Goods Coordinator LAN CARGO 1901 NW 66 Ave Miami, FL 33122 Ref. No.: 11-0039 Dear Mr. Ferriol: This responds to your e-mail requesting clarification ofthe applicability of the emergency response telephone number requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to shippers who are not "registered" with an Emergency Response Information (ERI) provider. Specifically, you ask if a shipper is required to register with an ERI provider if a third party uses its contract number. Further, you ask ifthe shipper must provide a contract number. Yes, another entity may use your emergency response telephone number by prior arrangement with the third-party ERI provider. The ERI provider may require evidence, such as your company name or registration number, indicating that your company contracted for the emergency response services. The shipper must ensure that the shipping papers that accompany the shipment include the information necessary to enable the ERI provider to identify the person by name, or contract number or other unique identifier. Provided that the ERI provider agrees, the shipper would not be required to provide its contract number on the shipping paper. I hope this information is helpful. Ifwe can be of further assistance, please contact us. Sincerely, ffk-s;:~ Ben Supko Chief, Standards Development Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: Wednesday, February 09, 2011 3:23 PM To: Drakeford, Carolyn (PHMSA) Cc: Lucas, Adam CTR (PHMSA) Subject: FW: Interpretation Request 172.604 Hi Carolyn, We received the following request for a formal letter of interpretation at the Information Center. This caller contacted the Info Center and had an extensive conversation with Helen Engrum. Thanks, Victoria Lehman X6-1035 Good evening To whom it may concern. I am looking forward to receive a clarification on 172.604, and how it applies to shippers who are not register with an Emergency Response Information (ERI) provider; thus they do not have a contract number and an emergency response telephone number. Indeed, USG-12 on the lATA book does not specified that only the shipper must be registered with an ERI provider, but any agency or organization capable of, and accepting responsibility for, providing the detailed information concerning the dangerous goods. Sometimes shippers hire a person to prepare their hazmat packages and to write the DGD in compliance with lATA regulations. They do it because 1) they are not qualified to prepare hazmat shipments, and 2) they are not registered with an ERI provider. The hazmat specialist is the one who writes down his/her contract number and emergency response telephone number on the DGD, as stated by USG-12. For this reason, shippers do not undergo the necessity to be registered with the ERI provider. However, are shippers been required to be registered with an ERI provider even though a hazmat speCialist, who prepares their dangerous goods, makes available his/her own contract number and emergency response telephone number on the DGD? If the answer is yes, are they required to provide their contract number and emergency response telephone number on the DGD as well? Thank you for your prompt attention in this matter Carlos FerrioJ! Dangerous Goods Coordinator. LAN CARGO i J90J NW 66 Ave Miami FL 331221 (786) 265-6150 Icfer.r.i£lJ.@];tD.9-'.i.Igg~coml .;, Please consider the environment before printing this e-mail This message is intended only for the use of the individual or entity to whom it is addressed. It may contain confidential or legally privileged information. If you are not the intended recipient you are hereby notified that 1#

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