# Dangerous Goods Advisory Council — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 12-0259
- **title:** Dangerous Goods Advisory Council — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2012-12-18
- **effective on:** Not available
- **summary:** 12-0259 response to Dangerous Goods Advisory Council concerning 172.602.
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- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0259
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120259.pdf
**body:**

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U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
DEC 1 8 <·l
Vaughn Arthur
President
Dangerous Goods Advisory Council
1100 H Street, NW, Suite 740
Washington, DC 20005
Ref. No. 12-0259
Dear Mr. Arthur:
This responds to your November 8, 2012 letter requesting PHMSA to reconsider the
opinion issued in our May 9, 2012 letter (Ref. No. 12-0068). PHMSA has issued several
letters of interpretation, including our May 9, 2012 letter (Ref. No. 12-0068), responding to
requests for us to clarify the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-
180) applicable to the emergency response information required in§ 172.602(a)(l) and
§ 172.602(b )(3 ).
In those letters PHMSA has consistently held that the requirements of§ 172.602(a)(l) and
§ 172.602(b)(3) are not met solely by entering the Guide page ofthe Emergency Response
Guidebook (ERG) on the shipping paper in association with the listing of the hazardous
material and attaching the Guide page to the shipping paper. PHMSA has stated that when
an ERG Guide page, and not the entire ERG is used, the Guide page must include the basic
description and if applicable, the technical name of the hazardous material. PHMSA has
further stated that if the entire ERG, not just an ERG Guide page, is present on the transport
vehicle, the requirements of§ 172.602(a)(l) and§ 172.602(b)(3) are satisfied.
The emergency response information requirements are designed to facilitate the immediate
and reliable communication of information concerning the nature and quantity of hazardous
materials moved in transportation, so that carrier personnel, law enforcement officials, and
first responders know to take appropriate precautions in handling, law enforcement, and
emergency response situations. Ultimately, the emergency response information is only as
effective as the ability of these individuals to quickly identify the hazardous materials
present on the vehicle and respond appropriately to an incident involving those materials.
Accordingly, if the emergency response information is provided in an ERG Guide page
attached to the shipping paper, we require that the Guide page include the basic description
and if applicable, the technical name of the hazardous material.
If you believe a rulemaking change is warranted, we invite you to file a petition for
rulemaking in accordance with§ 106.95 including all information (see§ 106.100) needed
to support your petition.
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I hope this information is helpful. If you have further questions, please do not hesitate to
contact this office.
Sincerely,
Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division

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c
$Dangerous Goods Advisory Council
Suite 740 + 1100 H Street NW + Washington DC 20005 + 202/289-4550 + Fax 202/289-4074 + www.dgac.org
November 9, 2012
Mr. Charles Betts
Chief, Standards Rulemaking Division
Pipeline & Hazardous Materials Safety Administration
U.S. Department of Transportation
Washington, DC 20590
Re: Request for reconsideration of PHMSA letter of interpretation #12-0068
Dear Mr. Betts:
The Dangerous Goods Advisory Council (DGAC) requests that you reconsider PHMSA's
interpretation. letter #12-0068. ln 'Our opinion, the conclusion is incorrect and is ·
contrary to indw:;tr:y practke. . , .
. -
. ' ~ .
_.;,;"':,_.
T~E7.interpretation l~tter deals with th.e provision of emergency response information in
accordance with §172.602(b)(3). In PHMSA's response to the questioner, PHMSA states
that when an E~G page, i.s used, ''it must include the basic description and if applicable,
the technica·l name of the hazardous materiaL" 'lve question whether this !s required by
the regulations. . :;;. . . ,,.
'' ·-
~ !, -' • . •
l /
~\'- . '""' . ., .
We recognize that the required emergency response information may, in accordance
with §172.602(b)(3)(iii), be provided on a separate document such as an MSDS. In this
case, the basic description and technical name must be provided on the document.
However, it is our opinion that providing emergency response information by way of a
guide page from the NAERG is covered by §172.602(b)(3)(iii). This section permits the
use of a separate document and identifies "an emergency response guidance
document" as an example. While the text goes on to identify complete documents (i.e.,
ICAO and IMQ documents) that may be used to satisfy the document requirement,
there is nothing in the textthat would preclud~ the use of an excerpt (i.e., an f\IAERG
guide page) from satisfying the regulation.
Under §172.602(b)(3)(iii),the descriptlon ofthe hazardousmateria! on the shipping·
paper must be cross referenced with the emergency response information in the
doc:ument. A C911'li11PIJ manner of cross referencing is to include a reference to the
guide page on the shipp;ng paper .. The guide page in tl!rn has the guide r.umber at the
• DGAC is a leading international membership organization representing all aspects of the hazardous materials/dangerous goods transportation industry. •

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2
November 9, 2012
Re: DGAC Request for Reconsideration of Interpretation #12-0068
top of the page. !t is our opinion that providing the emergency response information in
this manner fully satisfies the requirements in §172.602(b)(3)(iii). There is nothing to
suggest that the basic description and if applicable, the technical name of the hazardous
material must be included on the ERG guide page to satisfy the cross referencing
requirement.
On the basis of the above, we request that you reconsider interpretation #12-0068 and
that you clarify that a reference to the ERG guide page on the shipping paper in
assuciation with the basic description is an acceptable way of providing cross
referencing when an ERG guide page is used to satisfy §172.602(b)(3).
We appreciate your consideration of this matter. Please contact me directly if you have
any questions.
Vaughn Arthur
President
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