PHMSA-2006-26322 (HM-206F): Hazardous Materials: Revision of Requirements for Emergency
Response Telephone Numbers; Final rule; Effective Date: 11/18/09.
SUMMARY: In this final rule, PHMSA is amending the Hazardous Materials Regulations to clarify requirements governing emergency response information services provided by arrangement with hazardous materials offerors (shippers). In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, PHMSA is requiring basic identifying information (offeror name or contract number) to be included on shipping papers. This information will enable the emergency response information provider to identify the offeror on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident and obtain additional information about the hazardous material as needed.
1. Require an offeror who has made an arrangement with an ERI provider to be identified on the shipping paper in clear association with the emergency response telephone number. In response to comments, we are clarifying that if the name of the offeror is prominently and clearly listed elsewhere on the shipping paper, it need not also be listed in association with the emergency response telephone number.
2. Clarify that any person preparing a subsequent shipping paper for continued transport of a hazardous materials shipment must include the offeror’s name (whether the original or subsequent offeror) that is the registrant for the ERI provider and that will be in use for the continued transportation of the shipment. The name of the original or subsequent offeror or its contract number with the ERI provider must be included on the shipping paper. If the original or subsequent offeror is not continuing as the registrant with the ERI provider, the person preparing subsequent shipping papers must insert and identify by name its own valid emergency response telephone number conforming to the requirements in Subpart G of Part 172.
3. Clarify that the person answering the ERI provider’s telephone number transmits all written information in English.
4. Clarify that international telephone numbers used to meet the emergency response telephone number requirement must include the international access code or a ‘‘+’’ sign as a placeholder for the international access code, country code, and city code as appropriate.
5. Clarify the term ‘‘clear association’’ with respect to the placement of the identity of the registrant of the ERI provider.
6. Clarify the current requirement for the emergency response telephone number to be provided on the shipping paper in a ‘‘clearly visible’’ location.
7. Clarify that the emergency response telephone number requirements do not apply to transport vehicles or freight containers containing lading that has been fumigated and displays the FUMIGANT marking, as required by § 173.9 of the HMR, unless other hazardous materials are present in the cargo transport unit.
The amendments in this final rule are intended to fill a gap that was unforeseen when we initially adopted these requirements in 1989 under Docket HM–126C (54 FR 27138, 06/27/ 89). The amendments in this final rule will help to ensure that transportation workers and emergency response personnel are provided with accurate and timely information about the hazardous materials involved in a transportation accident or other emergency. This final rule will also serve to eliminate delays in transportation due to lack of such information, and eliminate problems created when compliance personnel are not able to verify emergency response telephone numbers.