Council on the Safe Transportation of Hazardous Articles — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 December 22, 2020 Tom Ferguson Senior Technical Consultant Council on the Safe Transportation of Hazardous Articles 10 Hunter Brook Lane Queensbury, NY 12804 Reference No. 20-0095 Dear Mr. Ferguson: This letter is in response to your October 2, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to emergency response information. Specifically, you discuss usage of the Emergency Response Guidebook (ERG) mobile app by drivers of motor vehicles. We have paraphrased and answered your questions as follows: Q1. You ask whether display of emergency response information through the ERG mobile app on an electronic device (e.g., smartphone or tablet) meets the requirements of the HMR. A1. The answer is no. The information used to meet the requirements of Part 172, Subpart G (§§ 172.600-172.606) must be in the form of a physical document printed legibly in English (see § 172.602(b)). Electronic display of emergency response information, whether through the ERG app or other means, does not meet the HMR’s requirements. Q2. You ask whether PHMSA would consider revising the HMR to authorize electronic display of emergency response information as a way to meet emergency response requirements. A2. The answer is yes. PHMSA continually revises the HMR to address developments in technology and transport methods that provide for an appropriate level of safety for the transportation of hazardous materials. You may ask PHMSA to add, amend, or delete a#

Page 2regulation by filing a petition for rulemaking in accordance with rulemaking procedures in §§ 106.95-106.105. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Patrick 20-0095 From: Foster, Glenn (PHMSA) To: Dodd, Alice (PHMSA) Subject: Use of Electronic ERG Date: Tuesday, December 8, 2020 3:44:59 PM From: Tom Ferguson <Tom@costha.com> Sent: Friday, October 2, 2020 4:55 PM To: Kelley, Shane (PHMSA) <shane.kelley@dot.gov> Cc: Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov>; Chris Yakush <Chris@costha.com> Subject: Use of Electronic ERG Shane, I would like to get an interpretation from PHMSA on the official use of the Emergency Response Guidebook by drivers of road vehicles, and whether the document is required to be in paper form or whether electronic access through the ERG app is acceptable. If the paper form is mandatory, would PHMSA consider permitting electronic usage in a future rulemaking? If you need additional clarification on the request, I am happy to discuss. Thanks! Tom Ferguson, PG, CHMM, DGSA Senior Technical Consultant Council On Safe Transportation of Hazardous Articles (COSTHA) 10 Hunter Brook Lane Queensbury, NY 12804 O: 518-761-0389 F: 518-792-7781 NEW! Follow us on LinkedIn We are designated as an essential business and we are well equipped with necessary resources to follow CDC guidelines of social distancing, respond to daily changes, and continue to operate our business to support your needs without interruption. Stay up-to-date on COVID messages from COSTHA We greatly appreciate you and will continue to navigate these trying times together!#

Page 4This information is intended to provide interpretative and authoritative information in regard to the subject matter covered as a service to our clients and has been answered to the best of our ability based on the information provided to us. We do not guarantee the accuracy or completeness of any such interpretation or information, however, nor do we warrant that compliance with any advice we provide will guarantee compliance with any legal or regulatory requirements. Our statements or opinions do not convey legal interpretation and government authorities or legal counsel should be contacted for such a response.#