June 2013 Spray 33 The DOT’s Interpretations Library is an excellent tool and can resolve some of the more difficult questions that shippers, carriers and forwarders may have. Some Surprises Of course, you may also be surprised while doing your research using this valuable resource. For example, there is a little known interpretation of 49 CFR §172.602(b)((3) that requires emergency response information to be provided in a manner that is related to the information on a shipping paper. Shippers often provide only an emergency response telephone number on the shipping paper, thereby exposing them to a potential civil penalty for not providing the emergency response information as required by 49 CFR §172.602(a) and (b). In their Letter of Interpretation, 12¬0259, PHMSA states that it “... has consistently held that the requirements of §172.602(a)(1) and §172.602(b)(3) are not met solely by entering the Guide page of the Emergency Response Guidebook (ERG) on the shipping paper in association with the listing of the hazardous material and attaching the Guide page to the shipping paper. PHMSA has stated that when an ERG Guide page, and not the entire ERG, is used, the Guide page must include the basic description and if applicable, the technical name of the hazardous material. PHMSA has further stated that if the entire ERG, not just an ERG Guide page, is present on the transport vehicle, the requirements of §172.602(a)(1) and§ 172.602(b) (3) are satisfied...Accordingly, if the emergency response information is provided in an ERG Guide page attached to the shipping paper, we require that the Guide page include the basic description and if applicable, the technical name of the hazardous material.” Recommendations Companies are strongly encourage to review the DOT’s Interpretations Library to find answers to some of their more difficult questions, or if, as in the case of four of my clients this month, shipments are delayed or frustrated. In addition, companies are advised to also seek advice and counsel from the DOT’s HazMat InfoCenter at +1 (800)467-4922. Those not comfortable providing name and telephone number to the DOT may contact ShipMate at +1 (310) 370-3600. SPRAY
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