{"operation":"document","citation":"13-0081","title":"Kriska Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-07-10","effective_on":null,"summary":"13-0081 response to Kriska Transportation concerning 172.600, 172.602.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0081.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0081.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0081","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130081.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJUL 1 0 2013\nMr. Bob Duncan\nKriska Transportation\n300 Churchill Road\nP.O. Box 879\nPrescott, Canada\nRef. No. 13-0081\nDear Mr. Duncan:\nThis responds to your April 12, 2013 request for clarification on the emergency response\ninformation requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Specifically, you request clarification on who is responsible for supplying the\nemergency response information (ERI) and the permitted methods to comply with § § 172.600\nand 172.602. Your questions are answered as follows:\nQ 1. It is your understanding that it is the shipper's responsibility to supply a Material\nSafety Data Sheet (MSDS) that includes the emergency response information for the\nmaterials shipped attached to the shipping paper. Is this understanding correct?\nA 1. Section 172.600(b) requires persons who offer for transportation, accept for\ntransportation, transfer or otherwise handle hazardous materials during transportation\nto provide emergency response information including an emergency response\ntelephone number. Therefore, the responsibility to provide emergency response\ninformation is not solely the offeror. This responsibility is shared by those who offer,\naccept, transfer or otherwise handle hazardous materials during transportation and\nmust be completed prior to offering hazardous materials into transportation. An\nMSDS that includes the emergency response information, although not required, is\none form of information that may be used to satisfy the emergency response\ninformation requirements.\nQ2. It is your understanding that if the shipper does not supply an MSDS with the\nemergency response information for the materials shipped attached to the shipping\npaper then a copy of the ERG must be supplied. Is this understanding correct?\nA2. Section 172.602(a)(l) requires that the emergency response information to contain\nthe basic description and technical name ofthe hazardous material as required by\n§§ 172.202 and 172.203(k). Section 172.602(b)(3) requires that the emergency response\ninformation is presented (i) on a shipping paper; (ii) in a document, other than a shipping\n------\n------···~- ----~~-----------------------··--·----·------------\n\n<<<PAGE 2>>>\n\npaper, that includes both the basic description and technical name ofthe hazardous\nmaterial (e.g. material safety data sheet); or (iii) related to the information on a shipping\npaper, in a separate document (e.g., an emergency response guidance document such as\nthe ERG), in a manner that cross references the description of the hazardous material on\nthe shipping paper with the emergency response information contained in the document.\nIf a guide number page from the ERG is used, it must include the basic description and, if\napplicable, the technical name of the hazardous material. However, if the entire ERG is\npresent on the transport vehicle, the requirements of§ 172.602 are satisfied.\nQ3. It is your understanding that effective January 1, 2013 if no MSDS with the\nemergency response information for the materials shipped is attached to it is supplied\nwith the shipping paper, then a photocopy of the ERG must be placed on top of the\nshipping paper and placing the shipping paper into the appropriate page of the ERG is\nno longer acceptable. Is this understanding correct?\nA3. For your information, PHMSA has not published any final rules on emergency\nresponse information requirements effective January I, 2013. However, the most recent\nrulemaking on emergency response information and communication, was a final rule\npublished on October 19, 2009, entitled \"Revision of Requirements for Emergency\nResponse Telephone Numbers\" (74 FR 53413). The effective date of this final rule was\nOctober I, 2010 (74 FR 54489). With regard to the permitted manner to communicate\nemergency response information see A2.\nI hope this answers your inquiry. If you need additional assistance, please call this office on\n(202) 366-8553.\nSincerely,\n/?4-0~\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nprakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject: INFOCNTR (PHMSA)\nFriday, April12, 2013 5:08PM\nl ~-oo?S I\nDrakeford, Carolyn (PHMSA)\nFW: Feedback: General Questions/Comments Regarding the PHMSA Enforcement Program\nHi Carolyn,\nThis caller requested we submit his e-mail as a formal letter of interpretation.\nThanks,\nVictoria\n-----Original Message-----\nFrom: PHMSA Webmaster\nSent: Friday, April12, 2013 1:49 PM\nTo: HM-Enforcement (PHMSA); PHMSA Webmaster\nSubject: Feedback: General Questions/Comments Regarding the PHMSA Enforcement Program\nU.S. Department of Transportation\nHazmat Specialist\nDear Adam:\nBack in mid February 2013, I reached out to you regarding the responsibility of supplying the Emergency Response\nInformation for the shipping papers. At that time you had supplied me with a letter dated October 17, 1996, your\nreference number 96-1039. Although this does explain that providing the emergency response paperwork it is the\nresponsibility or the shipper, we have one particular US based company that refuses to comply stating that letter is 7years\nold and the regulations have changed since then.\nThey're a large Hazmat manufacturer and have informed us that we are the only company that is requesting the\ninformation and their experts inform them that they are compliant.\nBecause they refuse to supply the documents and our drivers are not permitted to use the photopcopier, they are forced\nto drive bobtail (without the trailer) 20 miles to a truck stop so we can obtain the proper ERG documents.\nWe were surprised to hear that we are the only company asking for this information to be supplied especially considering\nthat it is a U.S. regulation and we're a Canada based carrier. We have tried, sent them a copy of your letter as well as\ninformation regarding the regulation its self yet they refuse to adhere to the regulations. They continue to state that it is\nnot their responsibility, it's the carrier's.\nThis is the Response we received from the customer:\n\" meets the requirements by providing the shipping papers with UN numbers listed and requiring that the driver\nhas a copy of the Emergency Response Guide in the vehicle. The UN number is referenced in the ERG and provides the\nrequired information for emergency response.\nI would offer a suggestion, in line with what I understand our policy has been, the driver must have a copy of the ERG\nbook in his vehicle so that he has the information available. This avoids multiple duplication of the pages for each\nshipment. Due the high volume of different products that ship_s, this is the only means that can support\nat this time. '\"'\n1\n\n<<<PAGE 4>>>\n\nAs we understand the new rule which came into effect January 1, 2013, if no MSDS sheet is supplied with an ERG\nattached. Then a photo copy must be made and placed on top of the Bill of Lading and that tabbing the BOL into the ERG\nsection of the Hazmat book was no longer acceptable.\nCould you please supply us with a written response to this letter that explains that it is the shipper responsibility to supply\na MSDS sheet that includes the Emergence Response document attached to the shipping papers for the UN numbers\nbeing shipped, or if no MSDS supplied with the ER attached that a copy of the ERG must be supplied?\nThis will help us with the compliance of the shipment and speed up the process for us. We feel that we are losing a battle\nthat should be straight forward and very surprised that a large company is not on top of this issue.\nThank you in advance for your help.\nRegards\nBob Duncan\nDriver Training Coordinator\nKriska Transportation\nrduncan@kriska.com\n1 (800) 461-8000 ext 2386\nName: Bob Duncan\nOrganization: Kriska Transportation\nEmail: rduncan@kriska.com\nAddress: 300 Churchill Road, PO Box 879\nCity: Prescott\nPhone: 1(800)461-8000 ext 2386\nCountry: Canada\nFAX:\n2","truncated":false,"body_characters":8033}