Document e2Yq60QzvnxXVMENZgaO9dVq

TO: Dave L. Morgan Interoffice Communication FROM: DATE: SUBJ: T. G. Grumbles July 10, 1989 ATTACHED REGULATION M & MMG: AJO: W.=___________ VISTA The attached regulation needs to be communicated to the field, an assessment of what we need to do for compliance made, and appropriate actions taken to comply. Specifically, we need to determine what emergency response information our transports should carry, what we have to attach to BOL's and the COEDS changes necessary to meet the requirements of the technical name appearing on BOL's with N. 0. S. entries. I'll be available to assist, but I believe you should coordinate this effort. Please let me know what happens and how I can assist. T. G. Grumbles dlj Attachment cc: D. Kuhn, L. Kelm, F. Thomas, W. L. McClain, D. L. Cohen VW 000022520 Hazardous Materials Advisory Council Suite 907, 1012 Fourteenth Street, N.W., Washington, O.C. 20005, (202) 783-7460 SPECIAL EULLEXXN June 29, 1989 RSPA FINALIZES HM-126C The Research and Special Programs Administration has final ized Docket HM-126C, "Emergency Response Communications Stan dards," and a copy is enclosed. Published in the June 27 Federal Register (54 FR 27138), the rule is effective April 2, 1990 and compliance is authorized July 31, 1989. Much of RSPA's final rule mirrors its Notice of Proposed Rulemaking from 1987. Here are some of the highlights: - emergency response information on hazardous materials shipments must be carried on transport vehicles and maintained at facili ties. DOT'S Emergency Response Guidebook or similar documents like IMO's "Emergency Procedures for Ships Carrying Dangerous Goods" may be used to satisfy this requirement. - shipping papers must contain a telephone number accessible to emergency responders at all times for comprehensive information on the material being shipped. CHEMTREC can be designated as the contact. - the emergency response phone number may NOT be placed on pack ages of 30 kilograms or less as proposed in the NPRM. foreign shippers must comply with the emergency response provisions of Subpart G of Part 172, but will NOT be required to provide a domestic U.S. phone contact as requested in HMAC's comments to the docket. However, RSPA did leave the issue open for future rulemaking. - n.o.s. entries on shipping papers must include the product's "technical name." For mixtures or solutions of two or more haz ardous materials, the "technical names" of at least the two pre dominant hazardous components will be required. ### VVV 000022521 HMAC is an international membership organization representing the entire hazardous materials transportation industry: shippers, carriers of all modes, container manufacturers, and emergency response and waste ciearvuo comnaniM Tuesday June 27, 1989 Part IX Department of Transportation Research and Special Programs Administration 49 CFR Part 171 et ai." Emergency Response Communication Standards; Final Rule VVV 000022522 27138 Federal Register / Vol. 54. No. 122 / Tuesday. June 27. 1969 / Rules and Regulations DEPARTMENT OF TRANSPORTATION .search and Special Programs Administration 49 CFR Pans 171, 172. 173 and 176 I Docket No. HU-126C; Arndt. Not. 171-102, 172-116, 173-213, 176-28) RIN 2137-AA66 Emergency Response Communication Standards agency: Research and Special Programs Administration (RSPA), DOT. action: Final rule. summary: This final rule amends the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 through 179) lo impose new requirements for emergency response information on shipping papers, and placement of emergency* response Information on vehicles and at transportation facilities. This action is necessary to improve the emergency response information requirements in the HMR in order to enhance communication pertaining to the safe handling and identification of hazardous materials involved in transportation incidents. *OR FURTHER INFORMATION CONTACT: jselen L Engrum. Standards Division. -'Office of Hazardous Materials Transportation. U.S. Department of Transportation. 400 Seventh Street SW,, Washington. DC 20590. Telephone: (202) 366--W86. effective date: These amendments are effective on April 2.1990. However, compliance with the regulations amended herein is authorized as of July 31.1989. SUPPLEMENTARY INFORMATION! 1. Background and Summary of Comments As a result of the investigation of an accident which occurred near Odessa. Delaware m October 1982. the National Transportation Safety Board (NTSB) recommended that the DOT . . Determine by mode of transportation, the feasibility of - requiring comprehensive product- specific emergency response information, such as Material Safety Data Sheets, to be appended to shipping documents ior hazardous materials transported in bulk quantities, giving particular attention to the eariy emergency response problems posed by n.o.s. commodities in transit." Ln j ciober 19B3. RSPA received a petition -rom the American Trucking Associations (ATA) which requested DOT "require, by ruic. motor carriers involved in the transportation of hazardous materials to maintain a copy of the Emergency Response (Guidebook), DOT P 5600.2, at rack motor carrier facility where hazardous materials shipments are loaded or unloaded from vehicles." In response to concerns expressed in the NTSB recommendation (1--83--2) and the ATA petition IP-622), on March 18, 1984. RSPA published an advance notice of proposed rulemaking | ANPRM) under Docket HM-126C in the Federal Register (49 FR 1004B). The ANPRM. entitled "Required Use of Emergency Response Guidebooks and Material Sufcty Data Sheets", quoted the NTSB recommendation and the ATA petition in their entirety, and solicited comments on the benefits and consequences of requiring the use of the Emergency Response Guidebook (ERG) or Material Safety Data Sheets (MDSD) to communicate information on the . hazards of materials moving in commerce. Evaluation of the comments to the ANPRM indicated a need for requiring additional emergency response information on hazardous materials transported in commerce. The majority of commenters supported RSPA requiring additional emergency** response information. However, only two commenters supported the NTSB recommendation that an MSDS accompany every* bulk shipment of hazardous materials. Several commenters stated that although some of the information on an MSDS might be useful, they believed that use of the Q^G would be a more effective method of communicating fundamental hazard information to emergency response personnel and that the ERG should be maintained as the primary reference. Based on RSPA's evaluation of the merits of the comments to the ANPRM. on August 30.1987. a notice of proposed rulemaking fNPRM) was published entitled "Emergency Response Communication Standards" under Docket No. HM-126C (53 FR 31480). The NPRM solicited comments on requiring improved emergency* response information on shipping papers and packages, and placement of emergency response information on vehicles and al facilities involved in hazardous materials transportation. The NPRM addressed both bulk and non-bulk packages. in the NPRM. it was noted that widespread support was expressed by commenters to the ANPRM for requiring use of the ERG. Many commenters believe that to better inform emergency response personnel about the hasirds of a material, the use of the ERG would satisfy the emergency response information requirements. The NPRM included a proposal to require that persons offering hazardous mntcriuls lor transportation provide on the shipping paper a twenty-four hour emergency response telephone number of a person knowledgeable about the hazardous materials being shipped. In addition, the NPRM contained a proposal to require thal technical names be shown on shipping papers and packages for materials which ore described under "n.n.R." or generic descriptions. A detailed discussion of these proposals, as well as the comments lo these proposals follows. IL Discussion of Comments Mode to the NPRM RSPA received more than seventy comments to the NPRM under Docket HM-12QC. Comments were received from associations, chemical companies, emergency response organizations, and Federal and Slate agencies. Most commenters supported the intent of the proposed rule to improve emergency* response communication during transportation incidents involving hazardous materials. However, many commenters expressed concern over certain aspects of the proposal and requested clarification on the use of certain technical names [i.e.. proprietary' or trade names) for "n.o.s." entries, maintenance of a twenty-four hour emergency response telephone number to obtain product-specific information on the hazardous material being transported, and the feasibility of requiring placement of the ERG. MSDS or other emergency response information on vehicles and at facilities. Major Issues A_ Emergency* Response Information ATA strongly supported requiring additional emergency response information on shipping papers and packages, and placement of the ERG at facilities. However. ATA expressed concern about requiring the placement of the EC on transport vehicles. ATA stated: (l}he cost of providing the ERG end insuring that it is on all transport vehicle* will result in the expenditure of millions of dnlieni which would not be cost effective lo safety in the trucking industry*. ATA did not provide quantitative or qualitative data in thetr comments to support this contention, it should be noted that the NPRM did noi propose imposing mandatory use of the ERG on vehicles or at facilities to satisfy the emergency response information WV 000022523 7140 Federal Register / Vol. M. No. 122 / Tuesday. June 27. 1989 / Rules and Regulations information requirements. Consequently. i i 173.12. a nw paragraph (f) ha* been dot'd to allow the use of waste stream numbers. Instead of Ihe required technical name description, for hazardous waste packaged in lab packs. II should be noted, however, that there is no exception in {178.12. or elsewhere. from identifying the names of constituents contained in lab packs, if the constituent is a hazardous substance or a poison. Most commenters supported Including the technical name for n.o.s. or generic descriptions on shipping papers. However, because many technical names are quite lengthy or complicated, and commenters are concerned about the disclosure of proprietary information or trade secrets, they recommended including chemical family or generic names, common names, registered trade names, or other names In the N10SH registry in place of technical names for n.o.s. entries. Trade secrets include chemical formulations, and the commenters believe that this information would not be protected If they were required to include the technical names of these constituents on shipping papers. RSPA believes that in emergency response situations, the Addition of technical names for n.o.s. titrics is the best way to Identify the 'primary' and subsidiary hazards associated with a material. RSPA also realizes that some chemical technical names are extremely complex. In order to accommodate the use of chemical names that are more readily recognizable and usable to emergency' responders, the definition in $ 171.8 for "technical name" indudes chemical names designated or recognized by the International Union of Pure and Applied Chemistry (TUTAC). the Chemical Abstracts Service, or in the Registry or Toxic EITects of Chemical Substances (RTECS). However, trade names may not be used as technical names. Further, RSPA believes there is sound reasoning to require improved identification of chemical constituents. Commenters' concerns that "trade secret" information may be disclosed by' showing these constituents on shipping papers tor ``n.o.s.** descriptions have not been substantiated. As required by this final rule, if a hazardous material is a mixture or solution of two or more hazardous materials, only the technical names of at least two components most predominantely contributing to the hazards of the mixture or solution are ^.quired to be entered on the shipping ^aper. Furthermore, this final rule does not impose mandatory revelation of on exact formulation, only disclosure of valuable safety related information to be used In the transportation network. Additionally. It is our belief that identifying the two major constituents which contribute to the hazards of a material will result in only limited. If any. instances where proprietary information would be revealed. Current provisions of the HMR for Identifying constituents in poisons, hazardous substance mixtures and solutions, and any n.o.s. description for water shipments have not revealed a problem regarding the release of proprietary information. Recently, RSPA has been mode aware of a potential problem concerning the identification of constituents of materials that are subject to the provisions of 21 CFR 1301.74. as administered by the Drug Enforcement Administration (DEA). Paragraph (e) of that section states: M* * * In addition. Hie registrant shall employ precautions [e.g.. assuring that shipping containers do not indicate that contents ore controlled substances) to guard against storage or in-transit losses." RSPA is not aware that the current constituent identification requirements of the HMR have resulted in violations of the DEA requirements by persons shipping hazardous materials that are also controlled substances. The requirements of this fmal rule should not cause any significant compliance difficulties. Of the controlled substances reviewed by RSPA each has a general Or other technical name which may be used to identify the controlled substance in accordance with the requirements of this final rule, but which do not use terminology which readily identifies the hazardous material as a controlled substance. C. Telephone Contact for Emergency Response Information Comments to the notice generally supported RSPA's proposal to require that shipping papers contain the twentyfour hour telephone number of a person with detailed knowledge of the hazardous characteristics of the materials being shipped. The Chemical Manufacturers's Association (CMA) indicated support for the provision that allows shippers to list CHQrfTREC. or other organizations, with similar capabilities, as the initial contact point for emergency response information. CMA pointed out that it would be impractical for an individual or small company to provide a phone number in the absence of this provision. CHEMTREC is a public service of the CMA. CHEMTREC has the capability to provide immediate advice by telephone for the on-sccne commander at a chemical emergency, and can then promptly contact the shipper of the hazardous material for detailed assistance and as aporopnaie response follow-up. CHEMTREC operates 24hours a day. seven days a week to receive toll-free call*. Cl 1FMTRF.C notifies the National Response Center (NRC) of significant incidents. If requested, they will connect a caller directly to ihe NRC. as required by Federal law und regulation. Other industry' or government organizations may exist or be established which may provide similar services for specified categories of materials. RSPA recognizes the difficult)' experienced by small companies, who may not always have a 24-hour telephone number or have an individual available to respond to inquiries on a 24-hour basis. This final rule allow* for the ue of an emergency response telephone number other than the shipper's, provided the shipper has furnished an agency or organization with detailed information concerning the hazardous material, and that the agency or organization is capable of. and has accepted responsibility for, providing such Information. This option will provide a shipper the flexibility of selecting a name and number which will ensure e 24-hour availability of knowledgeable assistance. Although most commenters supported the proposal to require a 24-hour emergency response telephone number on shipping papers, several expressed concern about the requirement in 5172.604(e)(2) for the telephone number to appear on the shipping paper "in association with the basic description". These commenters requested that the phone number be allowed anywhere on the shipping paper, as long es It is noted that the number is shown for the purpose of emergency response. In this final rule, the requirements in 172.604(a)(2) (i) and (ii) have been modified to require shippers to: (1) enter the emergency response telephone number on shipping paper* "following the desciption of the hazardous material", or (2) entered once on the shipping paper when the number applies to each material entered on the shipping paper, it is clearly highlighted for easy identification, and it is Indicated that the telephone number is to be used to obtain emergency response information. In the NPRM. RSPA proposed. 8B an option for a package having a gross weight of 30 kilograms or less, that die 24-hour emergency response telephone number may be displayed on the outside of the package in association with the proper shipping name rather than on the shipping paper. The United Parcel VVV 000022524 Federal Register / Vol. 54. No. 121 / Tuesday. ]une 27. 19B9 / Rules end Regulations 27141 Service (UPS) and the Air Transportation Association of America supported the requirement that shipping papers contain a 24-hour emergency response telephone number to obtain emergency response information concerning hazardous materials, but suggested that the 24-hour emergency response telephone number should not be piaced on packages instead of being placed on shipping papers for packages of 30 kilograms or less. This suggestion was based on their concern that, if a package is found to be damaged or leaking, emergency response personnel should not jeopardize their safely by coming into contact with a leaking or damaged package to obtain the emergency response telephone number. Upon further consideration. RSPA agrees with the commenters. Consequently, the exception, as proposed in the NPRM, to allow shipper* to place the emergency --....... response telephone number un packages instead of being pieced on shipping papers for packages or 30 kilograms or less has not been adopted. D. Additional Considerations Applicability ofemergency response information requirements to international shippers. The NPRM did not propose to except persons importing or exporting hazardous materials from compliance with requirements for .. written emergency response information. To clarify the applicability of emergency response information requirements to import/export shipments of hazardous materials. ! 171.11. applicable to shipments of hazardous materials conforming to the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air fICAO Technical Instructions), is revised in this final rule to require compliance with emergency response information requirements in Subparl G of Part 172 of this subchapter. It should be noted that no change in the requirements of 1171.12 have been adopted in this final rule, therein, shipments of hazardous materials made, in accordance with the provisions of this section arc not excepted from the shipping paper or emergency response information requirements. RSPA notes that both ICAO and the International Maritime Organization (IMO) publish documents containing emergency response information which could be used to satisfy the written emergency ] response information requirements * specified in this final rule, when used in conjunction with a properly prepured shipping paper. With regard to providing a 24-hour emergency response telephone number, the Hazardous Materials Advisory Council (HMAC) strongly urged RSPA to require foreign shippers that ship hazardous materials into the United Stales to designate a representative In the U.5.. and to ensure that the contact is supplied with sufficient emergency response information to adequately assist emergency responders. Other commenters. such as the Air Transport Association of America and the International Air Transport Association (1ATA) were concerned that overseas telephone numbers would be of little use in an emergency in the U.S.. end that there could be some difficulty in obtaining emergency response information for import shipments of hazardous materials. RSPA has similar concerns regarding the effectiveness of. an overseas 24-hour emergency response telephone number contact for -., foreign shippers. Although HMAC's proposal lo require that foreign shippers designate a representative in the U.S. appears to have merit, it is beyond the scope of this rulemaking. RSPA anticipates addressing this issue in future rulemaking. Until that time, the emergency response information - requirements of this final rule apply to all shippers of hazardous materials. Accordingly, the appropriate sections of the HMR. 55 and 171.12a, have been revised to require that import shipments of hazardous materials, subject to the provisions of these sections, must conform to the requirements for emergency response information as prescribed in Subpart G of Pan 172 of this subchapter. Applicability of the emergency response information requirements to Canadian shipments of hazardous materials. The requirements under . 171.12a allow hazardous materials shipments from Canada to be .. transported in the United Slates, which arc transported in accordance with the Canadian `Transport of Dangerous Goods Regulations" (TDG). The TDG regulations contain requirements for the use of certain emergency response information for shipments of hazardous materials. The requirements for completion of the "Emergency Response Form" are set out in the Canadian `Regulations fer the Transportation of Dangerous Commodities by RaiL" However, the Canadian "Emergency Response Form" only applies to carioad. trailerload, truckload or conteinerload quantities of hazardous materials transported by rail These Canadian requirements do noL in all instances, fulfill the requirements specified in this final rule. Therefore. { 171.12a has been revised by the addition of paragraph (e)(7) which requires compliance with the emergency response information provisions of Subpart C of Part 172. Applicability of emergency response information requirements to empty pacAQftngs. The requirements under 49 CFR 173.28. for empty packaging* that contain any residue of s hazardous material, specify that unless a por.kHjt'ng is cleaned and purged uf all residue, or filled with materials not regulated under 49 CFR. It must be transported in the same manner as required when it previously contained a greater oimntily of hazardous materials. Thir provision also applies to confurmnnrit: with emergency response information requirements. Requests for public hearing. Three commenters. the ATA. the Regular Common Carrier Conference (RCCC). und the international Association of Fire Fighters (IAFF) requested that RSFA conduct a public hearing on the merits of the proposnls contained in the NTRM. ATA and RCCC requested a joint hearing with DOT and OSHA to address the nature and extent of hazardous materials incidents in the trucking industry' and the informotion necessary . to protect employees and others in the event of such Incidents. ATA stated (t)his hearing will allow both agencies to hear from the affected industries and to better understand the conflict which will arise at a result of the lack of dclinesiiun of regulatory authority of the two agencies. It would also provide DOT and OSHA with the opportunity to hear suggestions which could help lo promote national uniformin' and .increased safety through practical and b realistic communication standard. RSPA conducted a public hearing on certain aspects of this rulemaking action alter issuance of the ANPRM. Comments received during the hearing and the comment period on the ANPRM generally supported the proposal to require that additional emergency response information be included un the shipping paper, such as a 24-hour emergency response information telephone number, and additional shipping descriptions. A majority of the commenters supported the use of the ERG as the document for providing emergency response information in the event cf un incident involving hazardous materials. RSPA received over seventj' responses to the ANPRM. Based on the responses received to the ANPRM, RSPA issued an NPRM proposing specific regulatory requirements dealing with emergency response communications. In response to the NPRM. more than seventy comments VVV 000022525 27142 Federal Register / Vol. M. No. 122 / Tuesday. June 27. 1969 / Rulos and Regulations were received and evaluated. Furthermore, comments to other pending jlemuking anions, such as Docket 1LM181. dealing with similar topics addressed m this rulemaking (it., additional requirements for technical names forn.o.s. descriptions), were evaluated. RSPA does not believe that a public hearing on the proposals uuntained in the NPRM would have provided substantive additional information beyond the comments already received, evaluated, and discussed in responses to the ANPRM and NPRM, in specific response to the ATA end RCCC request RSPA fully appreciates the necessity for uniform and non* conflicting requirements, to the maximum extent possible, between various agencies of the Government. In order to provide compliance flexibility, thereby limiting the potential for riiinlicativf* or conflicting requirements. RSPA has not required r specific form or document which would be necessary in order to comply with the requirements of this final rule. Emergency response information must be in a form or document that permits reference to the hazardous materials being shipped and provide guidance relative to the hazards, risks, precautions and initgation methods necessary. This information Jin be transmitted using an MSDS. the . ERG. or any other document that provides the informfltion prescribed. ATA also expressed concern about the potential overlap of DOT and OSHA regulations and suggested a memorandum of understanding (MOUj to delineate respective authorities. RSPAaagrees that it should coordinate with OSHA officials on a continuing basis, but a formal MOU only could constitute an agreement to coordinate interagency activities. Matters related to resolution of jurisdictional issues (e.g., the meaning of the "exercise" provision of the Occupations) Saferv end Health Act: 29 U.S.C. 653(b)(1)) must be handled in the manner specified by law (e.g.. review and decision by the Occupational Safety and Health Review Commission), in order to facilitate interagency coordination. RSPA solicits information on hazardous materials issues that should be discussed with 05! LA officials on an ongoing basis. The IAFr also requested that s public hearing be heid regarding the proposals contained in the NPRM end. in addition, slated the following: Tne 1AFF strongly disagrees with the r'Osilion of the DOT that material safety data j ects (MSDSb) not be provided and .luintamcd in those locations as required In 172.PfX)|a). Wc believe that the MSDS. the primary vehicle for transmitting chemical Information, should b* required and available for uae by fire fiphhns and eiher eimrency reflponae personnel aunnjf a hataraou* materials emergency. V\ t believe Him the reasons provided hy the DOT in the Notice of Hropoaed Rulemaking are not only based on specie) interest (industry and/or those being regulated) but ere significantly rhetorical and unsubstantiated. While we agree that MSDS were not onyinaUy developed for the purpose of providing information for emergency response, they are now in fuel the most utilised vehicle for providing such information. As you are well aware, the Federal Hazard Communication Standard, most State Rtghl*io*Knnw standards. SARA ii.'id many other federal, stnlr and local reRiilations require the utilization of the MSDS. Put Tighten and emergency response personnel utilize this information al fixed (ucililiei and would obviously be able to utilize this Information equally a* well when responding to transportation incidents. Wc also strongly disagree with the proposal that the DOT Emergency Response Guidebook be uaod to satisfy the proposed requirement*. The DOT ERG has never had public review other than through an `'unofficial" and very unbalanced advisory committee. If the ERG is to be utilized, we propose that it receive full review in accordance with the Administrative . Procedures Act. Accordingly, we also do not agree with the allowance of the use of the CHEMTREC telephone to BBlisfy the requirements of 172.604. especially without further definition of whal "accepting responsibility for" would mean and without public review of the CHEMTREC operation and their legal responaibililiea. if a telephone number is to be included, aside from the responsible shipper, we propose the telephone number of the National Response Center be utilized. As you are aware, the NRC telephone number is a toll-free number that is staffed seven days a week. 24 hours a day. While the NRC has the capability to immediately patch the culler into CHEMTREC's informs uon and referral service as well as into governmental agencies, utilizing the NRC has other valuable functions not performed by CHEMTREC. Notification of the NRC serves many vital functions, including permitting federal involvement to proceed in a timely and effective manner. We believe this would greatly assist fire fighters tn handling hazardous materials incidents. RSPA has not required nor prohibited the use of the MSDS us e means of providing information to workers covered by the Righl-to*Know legislation and Supcrhmd Amendment and Reauthorization Act of 2986 (SARA). We recognize the importance and use of the MSDS in providing information to employees and in planning functions. However, as has been made evident in the course of this rulemaking action, no single standard exists for the preparation of MSDS to provide emergency response information for transportation incidents. While an MSDS may provide information during an incident involving hazardous* materials, the MSDS may not. in ait instances, provide specific information relntivc to rerponse actions to be taken during transportation related incidents. Conceivably, for "less-thantrucklnad" find "le*-than-car)oad" shipments, a carrier would possess numerous MSDS for the different material* being transported. In the rvent of n hazardous materials emergency, they may not be the most Bppropnutc means to ascertain the appropriate emergency response action to be taken. Additionally, a number of different MSDS may exist for the same material when shipped by different individuals. Information on these multiple MSDS may in fad vary, thus potcntiully lauding to confusion during Initial emergency response actions. The requirements issued in this final rule are intended to provide specific information relative to the hazards of the materials being transported and provide immediate initial emergency response guidance until further specific, information can be obtained from the shipper or others relative to long term mitigation actions. To date, only the ERG and similar documents such as those published by ICAO and IMO have consolidated this initial response information into-a single, multimodal, easily understood, and recognizable document directly correlated with identification numbers and emergency response guidance. However. RSPA has not imposed e requirement that the ERG be carried.on each transport vehicle and be maintained at facilities involved with the transportation of hazardous materials. Rather, this final rule requires that specific emergency response information accompany shipments of hazardous materials and be present at transportation facilities. This information may be in any format, including an MSDS. the ERG. or other similar document, so long as that document provides information, which at b minimum, provides the description of the hazardous material, immediate health hazard information, risks of fire and explosion, immediate precautions to be taken in the event of an accident or incident, immediate methods of handling large and small fires, initial methods for handling of spills or leaks, end preliminary first aid measures. The 1AFF asserts that the ERG has never had a public review other than through an "unofficial" end very 'unbalanced" advisory committee. The ERG is not a regulatory document. There is no requirement currently in the HMR nor in this final rule which mandates the use of the ERG. The ERG wes developed wv 000022526 Federal Register / Vcl 54. No. 122 / Tuesday. June 27, 2969 / Rules and Regulations 2T1 -J3 in un effort to fulfill RSPA's responsibilities to provide for a safe transportation environment for hazardous materials, and in an effort to provide berter information to emergency responders m the event of an incident involving hazardous materials in transportation. The ERC. first published in 1980 and republished in 1984 and 1907. was developed in cooperation with representatives from a number of diverse groups. Representatives include members of the DOT, firefighters, the international Association of Fire Chiefs, the International Association of Chiefs of Police, The Fire Marshal Association of North America, the National Fire Protection Association, a cross-section of mojor manufacturers of hazardous mu Serials, including representatives from Dow Chemical DuPont de Nemours, and Union Carbide. CHEMTREC and the international Association of Fire Fighters. Each participant in the development of tho ERC was invited to present suggestions, recommendations and other information ' relative to the guidance presented in the ERC. A number of participants, including the IAFF, presented issues relative to the development of information and recommendations contained in the ERG. All issues were discussed and decisions made by RSPA relative to the final content of the ERG. Since the issuance of the 1980 and subsequent editions of the ERG. more than 2.5 million copies have been distributed, without charge, to emergency response organizations. Thousands of other copies of the ERG have been purchased by others from commercial sources. Such wide distribution has provided extensive review by a large audience and constructive comments have been solicited, especially comments concerning its use in handling incidents involving hazardous materials. For example, the current edition of the KG specifically requests such comments and provides an address to which such comments should be forwarded. RSPA maintains an open log on comments relative to the ERG, each comment is evaluated and an attempt is made to address each issue during development of subsequent editions. The IAFF also objected to the allowance of the use of the CHEMTREC telephone number to satisfy the requirements of S 172.804 and recommended use of the National Response Center's telephone number. RSPA has not mandated the use of the Cl IEMTREC number, nor the specific use of any organization's number. Therefore, the CHEMTREC telephone number, or any other agency's or organization's telephone number may only be used if the shipper has supplied the required information, and the agency has accepted the responsibility for providing information relative to the shipper s hazardous matenal. The NRC has generally not been provided with information relative to a specific shipper's hazardous materials shipments, and usually cannot identify a specific shipper contact, nor has it "accepted responsibility for" providing information relative to a specific shipper's hazardous materials shipments. A requirement that an emergency response telephone number be provided for each shipment of hazardous materials is an attempt to provide emergency responders with more product-specific Information relative to the hazards of the materials being transported. Nothing in the current regulations or this final ruie prohibits or limits an emergency responder's efforts in obtaining information from all available sources. This position is in fact borne out by a statement in the ERG which states. "As a first responder at the scene of a hazardous materials incident you must seek additional and more specific information about any material in question as soon as you are able." RSPA certainly encourages those involved in responding to hazardous * materials incidents to use all available sources of information in order to make better informed judgments on how to handle them. . . IIL Relationship to Requirements Under Other Federal Statutes On August 24.1987, OSHA published a final rule [52 FR 31852} which amended their Hazard'Gommunication Standard (HCS). The amended HCS requires virtually all employers to establish hazard communication programs to provide information to employees on the hazards of chemicals in the workplace. The amended HCS recognizes a variety of work situations, including those where employees only handle chemicals in scaled containers that arc not opened under normal conditions of use (e.g.. trucking terminals, warehousing, marine cargo handling and retail sales). Under the HCS, such employees must be provided information and training to protect them in the event of a spill or leak. The emergency response communication requirements of this final rule complement those of the HCS. In addition. RSPA believes that ibe use of the emergency response information required under this rule, in association wilh the shipping paper information, will also assist earners in complying with portions of the emergency notification requirements of section 304 of Title U1 of the Superfund Amendments and Reauthonzation Act (SARA). The emergency notification requirements of SARA, Title III, apply to transportation, and storage incident to transportation, as well as fixed or stationary facilities that are not transportation facilities. IV. Review by Sections Section 171.8. In 171.8. the definition for "technical name" Is revised to include chemical names recognized in scientific and technical journals and handbooks. Section 171.11. In 171.11. paragraph fd) is revised to require compliance with the emergency response information requirements for international shippers who import hazardous materials into the United Slates aboard aircraft. Section 171.22a. In 171.12a, a new paragraph (a)(7) is addd to require shipments of hazardous materials being imported Into the United States from Canada to be in compliance with the requirements for emergency response information specified in the new Subpart G of Part 172. Section 172.20Z This section is revised by adding a new paragraph (d) to require that shipping papers must contain an emergency response telephone number for the description of the hazardous material being shipped as - specified in the new Subpart G of Port 172. Section 172^03. This section is revised by moving paragraph (l)(2) and redesignating paragraph (i)(3) as paragraph (i)(2). Paragraph (i)(3) is removed. The requirements from paragraph (i)(2) are incorporated into a revised paragraph (k) to require that the "technical name" must be shown on shipping papers than contain ,4n.o.s. and generic" descriptions for hazardous materials. A new paragraph (m) is added to this section incorporating some of the requirements for poisonous materials which previously appeared in paragraph (k) of this section. Section 172.301. In 5 172.3D1. paragraph (c) is redesignated as paragraph (d). and a new paragraph (c) is added to require marking of the technical came of the hazardous material on non-bulk packages which contain hazardous materials described under n.o.s. descriptions, and on non bulk packages of certain poisonous materials described under generic descriptions, in both instances, the technical name must be shown in VVV 000022527 :7144 Federal Register / Vol. M. No. 122 / Tuesday, lune 27. 1989 / Rules and Regulations parentheses, immediately following the oroper shipptng name. Sec:/or. 272.302 This section on marking recuirements for export shipment of hazardous materials by water is rendered obsolete by the chances in 172.301. Therefore, this section is removed. Subpcrt C to Pert 272. A new Subpart C is added to Part 172 containing requirements for emergency response information. Section 173.12. This section is revised to add a new paragraph (0 which provides an exception from showing lire technical name for n.o.s. descriptions in shipping papers and package markings for hazardous waste materials packaged in accordance with the lab pack provisions, unless the hazardous material is a hazardous substance or meets the definition of a poison. Section 172.30. This suction is revised to require that a dangerous cargo manifest contain a 24-hour emergency response telephone number. V. Administrative Notices A. Paperwork Reduction Act Hie changes und new requirements for information collection in 5 it? am, '2.203,172.602, and 172.604 have been Approved by the OITice of Management and Budget (OMB] under the provisions of the Paperwork Reduction Act of 1980 (Pub. L. 96-511) under OMB control numbers 2137-0034 end 2137-05BO (expiration dates: june 30,1992). B. Executive Order 12291 The RSPA has determined that this final rule (1) does not meet the criteria specified in section 1(b) of Executive Order 12291 and is. therefore, not a major rule: (2) is not considered to be a "significant'' rule under DOT Regulatory Policies and Procedures (44 FR 11034): (3) will not affect not-for-profit enterprises or small governmental jurisdictions: and (4) does not require a Regulatory Impact Analysis or an Environmental impact Statement under the National Environmental Policy Act , (49 U.S.C. 4321 et seq.) A regulatory evaluation is available for review in the Docket. C. Executive Order 12522 This action has been anelyzed in accordance with the principles and criteria contained tn Executive Order 12012. and it has been determined that c final ruie does not have sufficient .-'deralism implications to warrant the preparation of a Federalism Assessment. D. impact on Small Entities Based on limited information concerning size and nature of entities likely affected by this final rule. 1 certify this regulation will not have e significant economic impact on a substantial number of small entities. A regulatory evaluation is available for review in the Docket, E. Recuhtorr Information Number IRIN) A regulatory information number (RIM) is assigned to each regulatory notion listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agendo in April and October of each year. The R1N number contained in the heading of this document can be used to cross reference this acbon with the Unified Agenda. List of Subjects 49 CFR Port 171 Hazardous materials transportation. Definitions. 49 CFR Part 172 Hazardous materials transportation. Shipping papers. Markings and Emergency response information. 49 CFR Part 273 Hazardous materials transportation. Packagings. 49 CFR Part 176 Hazardous materials transportation. Maritime carriers. In consideration of the foregoing. 49 CFR Parts 171.172.173 end 170 arc amended es follows: PART *171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 1. The authority citation for Part 171 continues to read as follows: Authority: 49 U.S.C. 1803,18M. 2605. IflOC; 4fl CFR Psrt l. 171.8 (Amended] 2. In 5 171.8. the definition of "technical name" is revised to read as follows: { 171.8 Definitions and abbrevtatton*. 'Technical name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (lUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name currently recognized in the Registry' of Toxic Effects of Chemical Substances (RTEC5). The term does not include trade names. 4t 3. In 171.11. s new paragraph (d-HlO) is added to read ai follows: 171.11 Use of ICAO Technical Instructions. Id) * * (10] Shipments of hazardous moterials under this section must conform to the requirements for emergency response information as prescribed in Subpart C of Part 172 of this subehupter. 4. In | 171.12a. a new paragraph (a)(7) is added to read es follows: 171.12* Canadian shipments and packaging*. (**) (7) Shipments of hnzordous materials subject to the requirements of this section must conform to the requirements lor emergency response information as prescribed in Subpart G of Purt 372 of this subchaptcr. t 5. The heading of Part 172 is revised to read as follows: PART 172--HAZARDOUS MATERIALS TABLES, HAZARDOUS MATERIALS COMMUNICATIONS REQUIREMENTS AND EMERGENCY RESPONSE INFORMATION REQUIREMENTS 6. The authority citation for Part 172 is revised to read as follows: Authority? 49 U.S.C. App. 1803.1004.1808: 49 CFR Tan.l. 7. In 5 172.201. a new paragraph (d) is added to read as follows: 172.201 General entries. (d) Emergency response telephone number. A shipping paper must contain an emergency response telephone number, as prescribed in Subpart G of Part 172 of this subchaptcr. 8. In 1722L03. paragraph (i)(2) is removed, paragraph (i)(3) is redesignated as paragraph (i)}2), paragraph (k) is revised and paragraph (m) is added to read as follows: 172^03 Additional descriptions requirement*. (k) Technical names for "n.o.s." and other generic descriptions. Unless otherwise excepted, if a materia) is described on a shipping paper by one of the proper shipping names listed in paragraph (R)(3) of this section, the technical name of the hazardous material must be entered in parentheses in association with the basic VVV 00002252a Federal Register / Vol. ">4. No. 122 / Tuesday, lune 27. 1989 / Rules and Regulations 27145 description. For example "Corrosive liquid, n.o.s. (Capryiyi chlonde). UN1760" or "Corrosive liquid, n.o.s., UN1760 (comama capryiyi chloride}". The word contains may be used in association with the technical name, if appropriate. (1) In addition to the n.o.s. descriptions listed herein, the reouirements of this section apply In nil shipping acscnpuons for poisonous materials which are subject to the requirements of paragraph (m) of this section, and for which the proper shipping name doea not specifically identify the poisonous constituent by technical name. For example, "Motor fuel antiknock compound (Tetraethyl lead). Poison B. UN1649" or "Motor fuel antiknock compound. Poison B. UN1B49. (Tetraethyl lead)*'. (2) If a hazardous material is a mixture or solution of two or more hazardous materials, the technical names of at least two components most predominately contributing to the hazards of the mixture or solution must be entered on the shipping paper as required by this paragraph. For example. "Flammable liquid, corrosive. n.o.s. (contains Methanol. Potassium hydroxide), UN2924". (3) Proper shipping names for which the provisions of this paragraph apply are as follows: Acid, liquid, n.o.s. Alcohol n.o.s. Alkaline liquid. n.ox - Cement adhesive. rto.s. Combustible liquid. n.a.s. Compressed gas. n.a.s. Corrosive liquid n.o.s. Corrosive liquid, poisonous. n.o.s. Corrosive solid. n.o.s. Dispersant gas. cloj. Etching acid, liquid n.o.s. t Etiulugic agent. n.ox Flammable gas. n.o.s. Flammable liquid, corrosive. n.o.s. Flammable liquid rto.s. Flammable liquid poisonous, n.ox. Flammable solid, corrosive. n.o.s. Flammable solid n.o.. Flammable solid, poisonous, rtox. Hazardous substance, liquid or solid n.o.s. Hazardous waste, liquid or solid ruoa. Infectious substance, human. n.ox Insecucide. dry. n.o.s. Insecticide, liquid n.o.s. lmiating aeont n-o.s. Nonflammable gat, n.o.s. Organic peroxide, solid, n.o.s. Orgnnic peroxide, liquid or solution. n.o.s. ORM-A. n.o.s. ORM--B. n.o.s. ORM--E. n.o.s. Oxidizer, corrosive, liquid, n.o.s. Oxidizer, corrosive, solid n.a.a. Oxidizer. n.oa. Oxidizer, poisonous, liquid, n.o.s. Oxidizer, poisonous, solid n.o.s. Poisonous liquid or gas. flammable. n.o.a. Poisonous liquid or gas. n.o.s. Poisonous liQuid. n.o.a. Poison B liquid n.o.s. Poisonous soiid. corrosive, n o.a. Poisonous solid n.o.s. Poison B. solid n.o.s. Pyrophoric liquid n.0.1. Pyrofonc liquid n.o.s. Refrigerant gas. n.oj. Water reactive solid n.0.3. (4) Tlie provisions of this paragraph do not apply-- (i) To a material that is described using the proper shipping name "Hazardous Substance, liquid or solid, n.o.s." provided the material is described in accordance with the provisions of 5 1722103(c) of this part: or (ii) To a material that is described using the proper shipping name "Hazardous Waste, liquid or solid, n.o.s." that is also a hazardous substance and which is described in accordance with the provisions of 1 172.203(c) of this part. (m) Poisonous materials. Notwithstanding the hazard class to which a material is assigned-- (1) If a liquid or solid material in a package meets the definition of a poison according to this subchapter, and the fact that it is a poison is not disclosed in the shipping name or clasB entry, the word "Poison" shall be entered on the shipping paper in association with the shipping description. (2) If the technical name of the compound or principal constituent that causes a material to meet the definition of a poison (according to this subchapter) is not included in the proper shipping name for the material, the technical name shall be entered on the shipping paper in the manner proscribed . in paragraph (k) of this section. (3) If the inhalation toxicity of any material falls within the criteria specified in 5 173.3a(b)(2) of this subchapter (subject to definitions and implementation conditions of paragraphs (c) and (d) of the same section), the words "Poison-Inhalation Hazard" shall be entered on the shipping paper in association with the shipping description. However, the word "Poison" need not be repeated if it is entered as part of the basic description or in conformance with paragraph (m)(l) of this section. This paragraph does not apply to packagings containing inner receptacles of one liter capacity or less. 9. In 172.301. parasraph (c) is redesignated as paragraph (d) and paragraph (c) is Added to this section to read ns follows: 172.301 Gcrwrat marking requirements. (c) Technical names. Each non-bulk packaging containing hazardous materials subject (0 the provisions of 172.2Q3(k) of this part must be marked with the technical name of the hazardous material in parentheses immediately following the proper shipping name, in accordance with the requirements and exceptions specified for the display of technical descriptions on shipping papers in 172.2D3(k) of this part. 172.302 (Removed) 10. Section 172.302 is removed. 11. A new Subparl G is added to Part 172 to read as follows: Subparl G--Emergency Response Information Src. 172.600 Applicability and general requirements. 172.602 Emergency response information. 172.604 Emergency1 response telephone number. Subpart G--Emergency Response Information 172.600 Applicability and general requirements. (a) Scope. Except as provided in paragraph (d) of this section, this subpurt prescribes requirements for providing and maintaining emergency response information during transportation and at facilities where hazardous materials are loaded for transportation, stored incidental to transportation or otherwise handled during any phAse of transportation. (b) Applicability. This subpurt applies to persons who offer for transportation, accept for transportation, transfer or otherwise handle hazardous materiuls during transportation. (c) General requirements. No person to whom this subpart applies may offer for transportation, accept for transportation, transfer, store or otherwise handle during transportation a hazardous material unless: (1) Emergency response infurrrmliuu conforming to this subpart is immediately available for use at all times and hazardous material is present; and (2) Emergency response information required by this subpart Is immediately available to any person who. as a representative of a Federal, state nr local government agency, responds to n incident involving a hazardous material, nr is conducting an investigation which involves a hazardous material. VVV 000022529 27146 Federal Register / Vol. 54. No. 122 / Tuesday. June 27. 1989 / Rules ana Regulations (d) Excepuon. The reouirements of supper*. cc not apply to huzardous eriuts which are exccpteu from the nipping paper requirements of this subchaplur. $ 172.602 Emergency respons information. (a) Ir.formction required. For purposes of this subpart, the term "emergency response information" means information that can be used in the mitigation of an incident involving hazardous materials and. as a minimum, must contain the following information: (1) The description of the hazardous timleriul required by S 172.202 and 272.203; (2) Immediate hazards to health: (3) Risks of Fire or explosion: (4) Immediate precautions to be taken in the event of an accident or incident; (5) Immediate methods for handling small or large fires: (G) Initial methods for handling spills cr leaks in the absence of fire: and (7) Preliminary first aid measures. (b) Form of information. The Information required for a hazardous muleriui by paragraph (a) of this section must be: (1) Printed legibly in English: (2) Available for use away from the 'fcage containing the hazardous fjrml: and (3) Presented-- (i) On a shipping paper fii) In a document, other than a shipping paper, that includes both the basic description of the hazardous material as specified in 172.101. and the emergency response information required by this subport. (e.g.. a material safety data sheet); or (iii) In conjunction with a shipping paper, in a separate document, such as an emergency response guidance manual, in a manner that cross* references the basic description for the hazardous material on the shipping peper with the emergency response information contained in the document. For example, the ICAO "Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods'* and the IMO "Emergency Procedures for Ships Carrying Dangerous Goods", for shipments by air and water respectively, could be used in association with a shipping paper to satisfy the requirements of this paragraph, if the document contains the information specified in paragraph (a) of this section. (c) AlainLcnance of information. Emergency response information shall jHintaineu us follows: (1) Curriers. Each earner who transports a hazardous matenal shall maintain the information specified in paragraph (a) of this section in the same manner as prescribed fur shipping papers (including dangerous cargo manifests]. This information must be immediately accessible to a transport vehicle operator or crew in the event of an incident involving a hazardous material. |2) Facility operators. Each operator of a facility where a hazardous muterial is received, stored or handled during transportation, shall maintain the information required by paragraph (a) of this section whenever the hazardous material is present. This information must be in a locution that is immediately accessible to facility personnel in the event of an incident involving the hazadrous material. $ 172.604 Emergency response telephone number. (u) A person who offers a hazardous material for transportation must provide a 24-hour emergency response telephone number (including the area code or International access code) for use fn the event of an emergency* involving the hazardous material. The telephone number must be-- (1) Monitored at all times; (2) The number of a person who is knowledgeable of the hazards and characteristics of the hazardous material being shipped, has comprehensive emergency response and accident mitigation information for that material, or has immediate access to a person who possesses such knowledge and information: 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 172: or (ii) Entered once on the shipping paper in a clearly visible location. This provision may be used only if the telephone number applies to each hazardous materiel entered on the shipping paper, and If It is Indicated that the telephone number is for emergency response information (for example: "EMERGENCY CONTACT: ***). (b) The telephone number required by paragraph (a) of this section must be the number of the person offering the hazardous material for transportation or the number of an agency* or organization capable of. and accepting responsibility for, providing the detailed information concerning the hazardous material. A person offering a hazardous material for transportation who lists the telephone rnmhvr of an agency or organization shall ensure that agency or organization has received current information on the material. as required by paragraph (a)|2) of this section before it is offered for transportation. PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGtNGS 12. The authority citation for Part 173 continues to read as follows: Aulhonry: 4U U.S.C. 1803. 1604. ittus. 1ikUi, 49 CTR Tart 1. 13. In 173.12. a new paragraph (f) is added to read as follows: 173.12 Exceptions tor shipment of waste material. (f) Technicai names forn.os. descriptions. The requirements for the indusiua of technical names far n.o.s. descriptions an shipping papers and package markings. 172.203 and 172.301 of this subchapter, respectively, do not apply to packaging* prepared in accordance with the requirements of this section, except as follows: (1) Packages containing materials meeting the definition of a hazardous substance must be described as required in 172.203(c) and marked as required in 172.324 of this subchapter: and (2) Packages containing hazardous materials subject to the provisions of I72^03[m) of this subchapter must be described in accordance with 5 172^03(m) of this subchaptcr. PART 176--CARRIAGE BY VESSEL 14. The authority citation for Part 176 continues to read as fallows: Aulhonry: 49 U.S.C. 18C3. 1804.180ft 49 CrR Part 1. 15. In { 175.30. a new paragraph (a)(3)(i) is added to read as follows: 176.30 Dangerous cargo manifest. fa) * (3) # * * (i) An emergency response telephone number as prescribed in Subpart C of Part 172 of this subchapter. Issued in Washington. DC on lune 23. 2880. under uliionly diegicd ui 48 CFR Pari 1. Travis P. Dungan, Administrator. Research and Special Programs Aamtiustrauon. |FR Doc. 89-15190 Filed 6-20-89; 8:45 emj BILLING CODE VVV 000022530