{"operation":"document","citation":"13-0106","title":"Kriska Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-07-31","effective_on":null,"summary":"13-0106 response to Kriska Transportation concerning 172.201, 172.602.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0106.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0106.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0106","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130106.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 3 1 2013\nBob Duncan\nDriver training Coordinator\nKriska Transportation\n300 Churchill Road\nKOE I TO Prescott, Ontario\nCanada\nRef. No. I3-0 I 06\nDear Mr. Duncan:\nThis responds to your letter dated May 15, 2013, requesting clarification concerning the\nresponsibility for providing emergency response information, as specified in § I72.602 of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you state\nthat you are a Canadian motor carrier and ask who is ultimately responsible for ensuring that\nemergency response information is present on the transport vehicle. Additionally, you ask if\nthe basic description of the hazardous material, including the technical name, is required on a\nseparate guide page or if a \"North American Emergency Response Guide (NAERG) Page\nNo.\" indication on the shipping paper would satisfy the emergency response information\nrequirements.\nA shipper or an agent performing functions of a shipper is responsible for ensuring that an\nemergency response information document is provided to the carrier. Each carrier is\nresponsible for maintaining the emergency response information document, as required. A\ncatTier may elect to place a document, such as the 2012 NAERG, in its transport vehicle to\nsatisfy the emergency response information requirements.\nIn addition, if a separate document, such as a guide page from the 20 I2 NAERG is used, it\nmust include the basic description of the hazardous material and, if applicable, the technical\nname, such as when generic or n.o.s. descriptions are used. A \"Guide Page No.\" is not\nrequired on a shipping paper, and, although not prohibited, would not singularly satisfy the\nemergency response information requirements prescribed in§ 172.602.\nI trust this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nlAQ~t!!4·\nlj Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n----\n--------\n... ~----------~-------~--·------------------\n\n<<<PAGE 2>>>\n\nOtevens\n~17~·201 (AI)(ij\n~ 112~~~ ~\nShtffl'iJ -+ea\n300 Churchill Road, Prescott, Ontario, KOE 1TO\n64248 Danville Road, Mississauga, Ontario, L5T 2S6\nPhone: 613 925 5903- Fax: 613 9251246\nToll Free: 800 461 8000\n1'3-tJ/tJ~\nAttention: Adam\nU.S. Department of Transportation\nHazmat Specialist\nDear Adam:\nBack in mid February 2013, I reached out to you regarding the\nresponsibility of supplying the Emergency Response Information for\nthe shipping papers. At that time you had supplied me with a letter\ndated October 17, 1996, your reference number 96-1039. Although\nthis does explain that providing the emergency response paperwork it\nis the responsibility or the shipper, we have one particular US based\ncompany that refuses to comply stating that letter is ?years old and\nthe regulations have changed since then.\nThey're a large Hazmat manufacturer and have informed us that we\nare the only company that is requesting the information and their\nexperts inform them that they are compliant.\nBecause they refuse to supply the documents and our drivers are not\npermitted to use the photocopier, they are forced to drive bobtail\n(without the trailer) 20 miles to a truck stop so we can obtain the\nproper ERG documents.\nWe were surprised to hear that we are the only company asking for\nthis information to be supplied especially considering that it is a U.S.\nregulation and we're a Canada based carrier. We have tried, sent\nthem a copy of your letter as well as information regarding the\nregulation its self yet they refuse to adhere to the regulations. They\ncontinue to state that it is not their responsibility, it's the carrier's.\nThis is the Response we received from the customer:\n\n<<<PAGE 3>>>\n\n\" meets the requirements by providing the shipping\npapers with UN numbers listed and requiring that the driver has\na copy of the Emergency Response Guide in the vehicle. The\nUN number is referenced in the ERG and provides the required\ninformation for emergency response.\nI would offer a suggestion, in line with what I understand our\npolicy has been, the driver must have a copy of the ERG book in\nhis vehicle so that he has the information available. This avoids\nmultiple duplication of the pages for each shipment. Due the\nhigh volume of different products that ships, this is the\nonly means that can support at this time. \"\"\nAs we understand the new rule which came into effect January 1,\n2013, if no MSDS sheet is supplied with an ERG attached. Then a\nphoto copy must be made and placed on top of the Bill of Lading and\nthat tabbing the BOL into the ERG section of the Hazmat book was\nno longer acceptable.\nCould you please supply us with a written response to this letter that\nexplains that it is the shipper responsibility to supply a MSDS sheet\nthat includes the Emergence Response document attached to the\nshipping papers for the UN numbers being shipped, or if no MSDS\nsupplied with the ER attached that a copy of the ERG must be\nsupplied?\nThis will help us with the compliance of the shipment and speed up\nthe process for us. We feel that we are losing a battle that should be\nstraight forward and very surprised that a large company is not on top\nof this issue.\nThank you in advance for your help.\nRegards\nBob Duncan\nDriver Training Coordinator\nKriska Transportation\nLQ,~_QQgH@\"~Ii§ls,~,~QQ,ffi\n1 (800) 461-8000 ext 2386\n\n<<<PAGE 4>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nO'Donnell, Lisa (PHMSA)\nSent:\nWednesday, May 15, 2013 3:36PM\nTo:\nDrakeford, Carolyn (PHMSA)\nSubject: FW: Letter to PHMSA\nAttachments: Letter to PHMSA ERG Final.docx\nCarolyn,\nPlease assign this letter. Thanks!\nlisa\nFrom: Clemente, Richard (FMCSA)\nSent: Wednesday, May 15, 2013 10:45 AM\nTo: O'Donnell, Lisa (PHMSA)\nSubject: FW: Letter to PHMSA\nlisa -I just received this email from Dave Heller at TCA ... can you shed any light on this, or who Dave needs to contact\ndirectly at PHMSA. Thanks for your help on this.\nRich\nFrom: David Heller [mailto:DHeller@truckload.org]\nSent: Wednesday, May 15, 2013 10:37 AM\nTo: Clemente, Richard (FMCSA)\nSubject: FW: Letter to PHMSA\nDoes this make any sense to you? See below and attached ...\nDavid Heller, CDS\nDirector of Safety and Policy\nTruckload Carriers Association\n555 E. Braddock Road\nAlexandria, VA 22314\n703-838-1950\n703-836-661 0 (Fax)\ndheller@truckload.org\nFrom: Glen Perkins [mailto:gperkins@kriska.com]\nSent: Wednesday, May 15, 2013 10:06 AM\nTo: David Heller\nSubject: FW: Letter to PHMSA\nGood morning David\nI was wondering if you could assist with an issue we are currently having with a Hazmat Customer we work for, the\nattached letter explains the issue.\nWe have been attempting to get an answer from the US Department of Trans, the Gentleman who we sent this letter to\ntold us it may take 6 to 8 weeks to get a response.\n1\n\n<<<PAGE 5>>>\n\nWould you have information or a contact that could clarify the responsibility of the shipper or Carrier if we are incorrect in\nour interpretation of the rules?\nWe would appreciate your assistance.\nRegards\nGlen Perkins\nDirector, Safety & Compliance\nKriska Holdings Limited\nFrom: Robert Duncan\nSent: Wednesday, May 15, 2013 9:39 AM\nTo: Glen Perkins\nSubject: Letter to PHMSA\nThis is the letter about the ERG.\nBob Duncan\nDriver Trainer Coordinator\nKriska Holding Limited\n1 (800) 461-8000 ext 2386\nrduncan@kriska.com\nwww.kriska.com\n2","truncated":false,"body_characters":7457}