{"operation":"document","citation":"11-0039","title":"LAN CARGO — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-08-22","effective_on":null,"summary":"11-0039 response to LAN CARGO concerning 172.604.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0039.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0039.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0039","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110039.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAUG 22 2011\nMr. Carlos Ferriol\nDangerous Goods Coordinator\nLAN CARGO\n1901 NW 66 Ave\nMiami, FL 33122\nRef. No.: 11-0039\nDear Mr. Ferriol:\nThis responds to your e-mail requesting clarification ofthe applicability of the emergency\nresponse telephone number requirements under the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180) to shippers who are not \"registered\" with an Emergency Response\nInformation (ERI) provider. Specifically, you ask if a shipper is required to register with an\nERI provider if a third party uses its contract number. Further, you ask ifthe shipper must\nprovide a contract number.\nYes, another entity may use your emergency response telephone number by prior arrangement\nwith the third-party ERI provider. The ERI provider may require evidence, such as your\ncompany name or registration number, indicating that your company contracted for the\nemergency response services. The shipper must ensure that the shipping papers that\naccompany the shipment include the information necessary to enable the ERI provider to\nidentify the person by name, or contract number or other unique identifier. Provided that the\nERI provider agrees, the shipper would not be required to provide its contract number on the\nshipping paper.\nI hope this information is helpful. Ifwe can be of further assistance, please contact us.\nSincerely, ffk-s;:~\nBen Supko\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Wednesday, February 09, 2011 3:23 PM\nTo: Drakeford, Carolyn (PHMSA)\nCc: Lucas, Adam CTR (PHMSA)\nSubject: FW: Interpretation Request 172.604\nHi Carolyn,\nWe received the following request for a formal letter of interpretation at the Information Center. This caller contacted the\nInfo Center and had an extensive conversation with Helen Engrum.\nThanks,\nVictoria Lehman\nX6-1035\nGood evening\nTo whom it may concern.\nI am looking forward to receive a clarification on 172.604, and how it applies to shippers who are not register with\nan Emergency Response Information (ERI) provider; thus they do not have a contract number and an emergency\nresponse telephone number. Indeed, USG-12 on the lATA book does not specified that only the shipper must be\nregistered with an ERI provider, but any agency or organization capable of, and accepting responsibility for,\nproviding the detailed information concerning the dangerous goods.\nSometimes shippers hire a person to prepare their hazmat packages and to write the DGD in compliance with\nlATA regulations. They do it because 1) they are not qualified to prepare hazmat shipments, and 2) they are not\nregistered with an ERI provider. The hazmat specialist is the one who writes down his/her contract number and\nemergency response telephone number on the DGD, as stated by USG-12. For this reason, shippers do not\nundergo the necessity to be registered with the ERI provider.\nHowever, are shippers been required to be registered with an ERI provider even though a hazmat speCialist, who\nprepares their dangerous goods, makes available his/her own contract number and emergency response\ntelephone number on the DGD? If the answer is yes, are they required to provide their contract number and\nemergency response telephone number on the DGD as well?\nThank you for your prompt attention in this matter\nCarlos FerrioJ! Dangerous Goods Coordinator.\nLAN CARGO i J90J NW 66 Ave Miami FL 331221 (786) 265-6150 Icfer.r.i£lJ.@];tD.9-'.i.Igg~coml\n.;, Please consider the environment before printing this e-mail\nThis message is intended only for the use of the individual or entity to whom it is addressed. It may contain\nconfidential or legally privileged information. If you are not the intended recipient you are hereby notified that\n1\n\n<<<PAGE 3>>>\n\nany disclosure, copying, distribution of this infonnation is strictly prohibited and may be unlawfuL If you have\nreceived this communication in error, please notify us immediately by responding to this email and then delete\nit from your system. LanCargo is neither liable for the proper and complete transmission of the infonnation\ncontained in this communication nor for any delay in its receipt, or any viruses contained in the message.\n2","truncated":false,"body_characters":4371}