Liquid Transport Corporation — Hazardous Materials Safety Interpretation

Page 1=. =-.. U.S. Department of Transportation Washington, D C 400 Seventh Street, SW 20590 Special Programs Research and Administration MAY - | 1998 Mr. Frank L. Boone Liquid Transport Corporation 6171 W 300 N Greenfield, IN 46140 Dear Mir. Boone: This is in response to your letter regarding the requirements for carrier notification and information contact that apply to an unattended motor vehicle disconnected from its motive power, and a definition of "spotting" under the Hazardous Materials Regulations (HMR; 49 inconvenience. CFR Parts 171-180). I apologize for the delay in responding and hope it has not caused any A final rule was published in the Federal Register on July 22, 1997 [62 FR 39398] which made corrections and responded to petitions for reconsideration of certain aspects of the January 8, 1997 final rule [Docket HM-206; 62 FR 1217; effective October 1, 1998], entitled "Improvements to Hazardous Materials Identification Systems." On April 1, 1997, a final rule [63 FR 16070] was published making technical amendments and editorial corrections in response to several petitions for reconsideration and an appeal of certain aspects of the July 22, 1997 final rule. The term "spotting" is not defined in the HMR. The requirements in § 172.606(b) specify that if a highway transport vehicle contains hazardous material for which a shipping paper is requirea and the vehicle is separated from its motive power and parked at a location other than a consignee's, consignor's, or a facility subject to the provisions of § 172.602(c)(2), such as a carrier's terminal, marine terminal, or cleaning facility, the carrier must: 1) Mark the telephone number of the motor carrier on the exterior of the transport vehicle, or on a label, tag, or sign attached to the vehicle, at the brake hose or electrical connection; or 2) Have the shipping paper and emergency response information readily available on the transport vehicle; unless An unattended motor vehicle separated from its motive power is marked with the identification number of the hazardous material loaded therein (see § 172.602(c)). :#

Page 2Therefore, the carrier information contact requirements apply to an unattended motor vehicle separated from its motive power and dropped or parked at a location, such as a motel or truck I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, Demy Bellings • • Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards -#

Page 3• .. engrum fiste File HM 204 SC: liquid transport corp March 7, 1997 RSPA U.S. Department of Transportation Office of Motor Carrier standards Washington, 400 Seventh St., S.W. D.C. Dear Sirs: AM-206 We would appreciate it if you could offer clarification in the form of definition of spotting. The requirements of HM aRe affect an interpretation concerning H#2eton the consignee, equipment spotted at locations other than shipper, product and contact information or carrier facilities. The requirement to have be less of a burden if we have a true understanding of on or in the unit if spotted units dropped at tank washes for tinnings defied. dropped as detined, include definition include service facilities where dropped for minor repairs, adjustments, etc.? units may be convenience. Please provide an interpretation at your earliest Sincerely, Vice President, Frank L. Safety and Compliance lift message cc/Lanny Wilhelm Keith Lewis John Miskimen Safety file Dennis Cherry An ano Company 317) 894-2501 reenfield, IN 46141 Fax: (317) 894-8259#

Page 4MAY son 5 1935 Mx. E. A. Altemos Technical Advisor Winston & Strawn Washington, D.C. 1400 I Street, N.W. 20005-3502 Dear Mr. Altemos: inconvenience it may have caused. I apologize for the delay in responding and regret any Your understanding is correct. cargo, a motor carrier must ensure that an emergency response telephone Before accepting a hazardous materials number appears on a shipping paper as required in 49 CFR 172. 604(a) (3). response telephone number meets the remaining requirements of § 172.604. However, a motor carrier is not required to verify that the emergency Che shipper is responsible for ensuring that the emergency elephone number is operative and meets the requirements in § 172.604(b). response I hope this information has been helpful. Please do not hesitate to contact us 1t we can be of further assistance. Sincerely, Delmer F. Billings Chief, Office Regulations Development of Hazardous Materials Standards File: GWYNN: at: DHM-11: 64488:1/4/95 181/172.600 SC: 399, 290 •#

Page 5U.S. Department of Transportation Here be ir "Soverth crop." special Programs Research and Administration MAY 5 1035 Technical Advisor Mr. E. A. Altemos Winston & Strawn Washington, D.C. 1400 L Street, N.W. 20005-3502 Dear Mr. Altemos: This is in response to your letter asking if a carrier must verify that a hazardous materials shipper telephone monitoring company's telephone number indicated on a shipping registered with the emergency response inconvenience it may have caused. I apologize for the •delay in responding and regret any Your understanding is correct. cargo, a motor carrier must ensure that an emergency response telephone Before accepting a hazardous materials number appears on a shipping paper as required in 49 CFR 172.604(a) (3). However, a motor carrier is not required to verify that the emergency response telephone number meets the remaining requirements of § 172.604. The shipper is responsible for ensuring that the emergency response telephone number is operative and meets the requirements in § 172.604(b). I hope this information contact us if we can be of further assistance. has been helpful. Please do not hesitate to Sincerely, Ishman Hill's Delmer F. Billings Office Chief, Regulations Development of Hazardous Materitis Standards#