The Pipeline and Hazardous Materials Safety Administration (PHMSA) is proposing that basic identifying information (offeror name or contract number) be included in shipping papers for hazardous materials, according to information published in the Federal Register July 2.
PHMSA said the information will enable the emergency response service providers to identify the shipper on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident.
PHMSA defines offers or offeror (49 CFR 171.8) as any person who performs, or is responsible for performing, any pre-transportation function required under the subchapter for transportation of the hazardous material in commerce.
The definition also provides that a carrier is not an offeror when it performs a function as a condition of accepting a hazardous material shipment for continued transportation without performing a pre-transportation function (see definition for pre-transportation function in Sec. 171.8). Offerors and carriers may rely on information provided by a previous offeror or carrier unless they know, or a reasonable person acting in the circumstances and exercising reasonable care would know, that the information provided to them is incorrect, according to the PHMSA information.
PHMSA said in the proposal that it has become aware of a number of problems associated with emergency response telephone numbers on shipping papers, specifically related to the increasing use by shippers of emergency response service providers to comply with the requirements of Sec. 172.604. In such situations, the original shipper (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 emergency response service provider, but the original shipper is not required to include a notation to this effect on the shipping paper, nor is the name of the original shipper required to appear on the shipping paper. Thus, the identity of the person who arranged with the emergency response service provider is not readily available through shipping documentation.
PHMSA said in the proposal that the International Vessel Operators Hazardous Materials Association (VOHMA) has requested that PHMSA revise the emergency response telephone number requirement to link the emergency response service provider to the original shipper who arranged for the emergency response service. VOHMA states that valuable time is lost when shipments are delayed while emergency responders or enforcement officers are attempting to obtain or verify emergency response information and their efforts are obstructed because the party who arranged with the emergency response service is not noted on the shipping papers.
This problem is further exacerbated because, under the current rule, a carrier preparing a shipping paper for the continued movement of a hazardous material may rely on information provided by the original shipper for the preparation of the new shipping paper. In addition, the initial shipment of hazardous materials may be handled by several entities before reaching its final destination, PHMSA said.
The agency proposes to:
•Require that the shipper (offeror) who has made the arrangement with the emergency response service provider be identified on the shipping paper. Any party preparing a shipping paper would be required to identify the original shipper, by name or contract number, with the emergency response telephone number indicated on the shipping paper, and clearly note the identification in association with the emergency response telephone number, or insert and identify its own emergency response telephone number conforming to the requirements in Subpart G of Part 172.
•Clarify that any person preparing a subsequent shipping paper for continued transport of hazardous materials may not omit the original shipper's (offeror's) name if the shipper is the registrant for the emergency response telephone service. The name of the original shipper or its contract number with the emergency response service provider would be required to be included on the shipping paper, or the person preparing subsequent shipping papers must insert and identify by name its own valid emergency response number conforming to the requirements in Subpart G of Part 172.
•To clarify that international telephone numbers used to comply with the emergency response telephone number requirement must include the country code and city code. VOHMA requested this clarification to ensure that emergency responders and transportation workers have a complete emergency response telephone number for international shipments.
•To 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.
•To clarify that international telephone numbers used to comply with the emergency response telephone number requirement must include the country code and city code. VOHMA requested this clarification to ensure that emergency responders and transportation workers have a complete emergency response telephone number for international shipments.
•To 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.
Comments on the rule proposal (49 CFR Part 172) must be received by August 31, 2007. To see the proposal in its entirety, click here.