Emergency response telephone number final ruling by PHMSA

This final ruling amends the hazardous materials regulations to clarify rquirements 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 the 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. Effective date of final rule is October 1, 2010 (Editors Note: original date was November 18, 2009) however voluntary compliance is authorized effective immediately.

Background

Although there are limited exceptions, the HMR require shipments of hazardous materials to be accompanied by shipping papers and other documentation designed to communicate to transport workers and emergency responders the hazards associated with a specific shipment. The information must be in writing, in English, and presented on a shipping paper or related shipping document (see Sec. 172.602).

In addition to written emergency response information, Sec. 172.604(a) of the HMR requires a person who offers (offeror) a hazardous material for transportation in commerce to list an emergency response telephone number on the shipping paper. The emergency response telephone number must connect a caller to the offeror or to a person capable of and accepting responsibility for providing detailed information about the hazardous materials shipment.

The telephone number must be answered by a person who is knowledgeable about the material being shipped and possesses comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge. Under this standard, ``immediate access'' requires the emergency response information to be provided to the emergency responder or transportation worker promptly and with no undue delay. Additionally, the emergency response telephone number must be active, with no limitations, during the entire time a shipment is in transportation, including storage incidental to movement and intermodal shipments that are transferred from one carrier to another for continued transportation.

As currently required in Sec. 172.604(b), if the offeror uses the services of an emergency response information provider (ERI provider), the offeror must ensure that the ERI provider has up-to-date information on the hazardous material and that the ERI provider is capable of and has accepted responsibility for providing detailed emergency response information applicable to the hazardous material.

PHMSA is aware of problems associated with emergency response telephone numbers on shipping papers, related to the increasing use by offerors of ERI providers to comply with requirements. In certain situations, the original offeror enters into a contract or agreement with an agency or organization (industry associations may offer this service to their members) accepting responsibility for providing detailed emergency response information in accordance with Sec. 172.604(b). The telephone number on the shipping paper is the telephone number of the ERI provider, but the original offeror is not required to include a notation to this effect on the shipping paper, nor is the name of the original offeror required to appear on the shipping paper. Thus, the identity of the person who arranged with the ERI provider is not readily available through shipping documentation.

Problems occur when a carrier or freight forwarder rely on an emergency response telephone number provided by a preceding offeror unless it is aware of facts indicating the emergency response telephone number is not operative (such as when the offeror has not contracted with the ERI provider) and does not meet the requirements of Sec. 172.604(b).

The initial shipment of hazardous materials may be handled by several entities before reaching its final destination. For example, a motor carrier may accept a shipment from the originating offeror for transportation and deliver the material to a freight forwarder to arrange continued transportation. The freight forwarder may prepare shipping papers using the emergency response telephone number provided by the originating offeror. The freight forwarder may then arrange for continued shipment of the hazardous material by rail; a rail carrier may prepare shipping documentation using the information, including the emergency response telephone number, provided by the freight forwarder. The shipping documentation accompanying the shipment may or may not include the name of the originating offeror. In cases where the originating offeror arranges with an emergency response service to provide telephone service, the nexus between the offeror and ERI provider may be lost as new shipping papers are prepared at each stage of transportation. For example, when new shipping papers are prepared for continued transportation of the hazardous materials, the original offeror's name is typically removed and replaced with the subsequent offeror's name. When the initial offeror is also the ERI registrant, that information is no longer available when the emergency responder calls the ERI provider.

Revisions to the HMR Adopted in the Final Rule

This rulemaking requires the offeror who is registered with the ERI provider, as reflected by the provider's telephone number on shipping papers, to be identified on the shipping paper. Specifically, we are revising the HMR to:

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 Sec. 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 PHMSA 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.

Amended 49 CFR Regulations

172.201 (d) amended as follows:

172.201

(d)  Emergency response telephone number.

Except as provided in Sec. 172.604(c), a shipping paper must contain an emergency response telephone number and, if utilizing an emergency response information telephone number service provider, identify the person (by name or contract number) who has a contractual agreement with the service provider, as prescribed in subpart G of this part.

172.604 to read as follows:

172.604 Emergency Response Telephone Number.

(a) A person who offers a hazardous material for transportation must provide an emergency response telephone number, including the area code, for use in the event of an emergency involving the hazardous material. For telephone numbers outside the United States, the international access code or the ``+'' (plus) sign, country code, and city code, as appropriate, must be included.

The telephone number must be--

(1) Monitored at all times the hazardous material is in transportation, including storage incidental to transportation;

(2) The telephone number of a person who is either knowledgeable of the hazardous material being shipped and has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge and information. A telephone number that requires a call back (such as an answering service, answering machine, or beeper device) does not meet the requirements of paragraph (a) of this section; and

(3) Entered on a shipping paper, as follows:

(i) Immediately following the description of the hazardous material required by subpart C of this part; or

(ii) Entered once on the shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found, such as by highlighting, use of a larger font or a font that is a different color from other text and information, or otherwise setting the information apart to provide for quick and easy recognition. This provision may be used only if the telephone number applies to each hazardous material entered on the shipping paper, and if it is indicated that the telephone number is for emergency response information example: ``EMERGENCY CONTACT: * * *'').

(b) The telephone number required by paragraph (a) of this section must be -

(1) The number of the person offering the hazardous material for transportation when that person is also the emergency response provider. The name of the person identified with the emergency response telephone number must be entered on the shipping paper immediately before, after, above, or below the emergency response telephone number unless the name is entered elsewhere on the shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found; or

(2) The number of an agency or organization capable of, and accepting responsibility for, providing the detailed information required by paragraph (a)(2) of this section. The person who is registered with the emergency response provider must ensure that the agency or organization has received current information on the material before it is offered for transportation. The person who is registered with the emergency response provider must be identified by name or contract number on the shipping paper immediately before, after, above, or below the emergency response telephone number in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found.

(c) A person preparing shipping papers for continued transportation in commerce must include the information required by this section. If the person preparing shipping papers for continued transportation in commerce elects to assume responsibility for providing the emergency response telephone number required by this section, the person must ensure that all the requirements of this section are met.

(d) The requirements of this section do not apply to--

(1) Hazardous materials that are offered for transportation under the provisions applicable to limited quantities; and

(2) Materials properly described under the following shipping names:

Battery powered equipment.

Battery powered vehicle.

Carbon dioxide, solid.

Castor bean.

Castor flake.

Castor meal.

Castor pomace.

Consumer commodity.

Dry ice.

Engines, internal combustion.

Fish meal, stabilized.

Fish scrap, stabilized.

Refrigerating machine.

Vehicle, flammable gas powered.

Vehicle, flammable liquid powered.

Wheelchair, electric.

(3) Transportation vehicles or freight containers containing lading that has been fumigated and displaying the FUMIGANT marking (see Sec. 172.302(g)) as required by Sec. 173.9 of this subchapter, unless other hazardous materials are present in the cargo transport unit.