{"operation":"document","citation":"11-0152","title":"FedEx Express — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-08-10","effective_on":null,"summary":"11-0152 response to FedEx Express concerning 172.604.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0152.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0152.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0152","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110152.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 1 0 2011\nMr. Thomas (TJ) Leech, III, CHMM\nManager, Dangerous Goods Hotline\nFedEx Express\n3690 Hacks Cross Road, Bldg. I, 3rd Floor\nMemphis, TN 38125-8800\nRef. No. 11-0152\nDear Mr. Leech:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the emergency response\ntelephone number requirements. Specifically, you ask whether the name of an\nEmergency Response Information (ERI) provider is required to be noted on shipping\npapers in accordance with § 172.604 of the HMR.\nThe answer is no. The HMR does not require the name of the ERI provider (such as\nChemTel or Chemtrec) to be noted on a shipping paper. However, the telephone\nnumber of the ERI provider is required on the shipping paper (see § 172.604(a».\nA requirement specifying that the offeror who made an arrangement with the ERI\nprovider must be identified on a shipping paper was adopted in a final rule under Docket\nNumber PHMSA-2006-26322 (HM-206F), entitled \"Hazardous Materials: Revision of\nRequirements for Emergency Response Telephone Numbers,\" and published in the\nFederal Register on October 19, 2009 [74 FR 53413]. A correction to that final rule's\neffective date was published in the Federal Register on October 22,2010 [74 FR 54489],\nand an editorial correction was made under Docket Number PHMSA-201O-0195 (HM244C)\nunder a final rule entitled \"Hazardous Materials: Minor Editorial Corrections and\nClarifications,\" published in the Federal Register on September 1, 2010 [75 FR 53593J.)\nThe requirement is applicable to the registrant of the ERI provider; not the ERI provider.\nThe HMR requires the name of the registrant of the ERI provider, (or contract number, or\nother unique identifier as provided by the ERI provider to identify the registrant), be\nnoted in association with the ERI provider's emergency response telephone number, only\n\n<<<PAGE 2>>>\n\nif the registrant is not already noted elsewhere on the shipping paper in a prominent\nmanner. (See § 172.604(b )(1) and (b )(2)) Therefore, provided the registrant's name is\nalready entered elsewhere in this manner, there is no requirement to add the name twice\nby adding it in association with the emergency response telephone number.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nr-7rYk~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nFrom: Mcintyre, Joan (PHMSA) 1\\1 ubt,\"'eY\"\"\nSent: Wednesday, July 06, 2011 1 :43 PM 11-1) J5 \"?\nTo: Drakeford, Carolyn (PHMSA) ,?.\nCc: Foster, Glenn (PHMSA)\nSubject: FW: PHMSA Emergency Phone Number Requirements\nFrom: Thomas Leech [mailto:ljleech@fedex.com]\nSent: Tuesday, July 05, 201112:23 PM\nTo: McIntyre, Joan (PHMSA)\nSubject: FW: PHMSA Emergency Phone Number Requirements PLEASE EXPEDITE Both e-mails (this one\nand the one below) should be included for the incoming.\nJoan,\nThere is still confusion about what information is required on the Shipper's Declaration for Dangerous Goods related to\nthe emergency response contact information. See correspondence below. It is my understanding that if a\nshipper/offeror/person is using an ERI Service Provider (in this case Chemtel) that they do not have to list the name of the\nservice provider on the declaration. Please confirm that my understanding is correct\nThanks,\nThomas (TJ) Leech, III, CHMM\nMgr Dangerous Goods Hotline\nCorporate Safety\nw901-434-2400\nFrom: sean.lynum@dot.gov [mailto:sean.lynum@dot.gov]\nSent: Tuesday, July 05, 201110:02 AM\nTo: Thomas Leech\nSubject: RE: PHMSA Emergency Phone Number ReqUirements\nMr. Leech,\nMy apologies for the delay in my response. I just recently got back into the office from last week's trip.\nIn reference to your emergency response phone number requirements email, I must inform you that your\ninterpretation ofthe newly changed regulation is incorrect. In the incident I presented to your company, the\nshipper, V AS Aero, was not the provider of the emergency response infonnation. The phone number listed on\ntheir Dangerous Goods Declaration form was for Chemtel and not V AS Aero. The emergency response\nregulation allows you to put you OWN number, if you are the shipper, in close proximity to your infonnation\nand not have to re-list your name. In the case of contracted emergency response providers, you MUST list\neither the contract providers nanle or contract number prior to, or above, or below, or behind the emergency\nresponse number as the originator ofthe shipment. The newly changed regulation is very clear in this matter\nper 49 CFR 172.604(b). As the transporter, it is FedEx's responsibility to make sure the shipping paper is\ncorrect prior to transporting the hazmat.\nPlease let me know if you have any questions.\nSean E. Lynum\nInvestigator/Certified EEO Counselor\n1\n\n<<<PAGE 4>>>\n\nOffice of Hazardous Materials Safety, Field Operations & Enforcement\nPipeline and Hazardous Materials Safety Administration\nSouthern Region/Florida Resident Investigator\n233 Peachtree Street, N.E., Suite 602\nAtlanta, Georgia 30303\nOffice (404) 832-1140\nFax (404) 832-1168\nCell (813) 431-4464\n2","truncated":false,"body_characters":5316}