Document vVgoRj9217aQvBO3bYGo5ynk9

ABDOO176439 Tuesday June 27, 1989 STS Part IX Department of Transportation Research and Special Programs Administration 49 CFR Part 171 et al. Emergency Response Communication Standards; Final Rule ABDOO176440 27138 , Federal Register / Vol. 54, No. 122 / Tuesday, June 27, 1989 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 171,172,173 and 176 [Docket No. HM-126C; Arndt Nos. 171-102, 172-116,173-213,176-26] RIN 2137-AA88 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) to 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. ... FOR FURTHER INFORMATION CONTACT. Helen L. Engrum, Standards Division, ' Office of Hazardous Materials Transportation, U.S. Department of Transportation, 400 Seventh Shoot SW,, Washington, DC 20990- Telephone: {202} 366-4488. effective date: These kmentkaests o effective on April 2,1990. However, compliance with the regulations amended herein is mitfcortxed fWr 31,1989. SUPPLEMENTARY INFORMATION: I. Background and Summary of Comments o n rrielt nf ttii fcnmifyntion of ai accident which occurred near Odeon, -" Delaware in October 1982, the National Transportation Safety Board (NTSB) . recommended that'the DOT ". Determine bymode of transportation, the feasibility of requiring comprehensive product- specific emergency response information, such as Material Safety Data Sheets, to be appended to shipping documents for hazardous materials transported in-bulk quantities, giving particular attention toithe early emergency response problems posed by n.o.s. commodities in transit" In October 1983,-RSPA received a petition from the American Trucking Associations (ATA) which requested DOT "require, by rule, motor carriers involved a the transportation of satisfy the emergency response hazardous materials to maintain a copy ' information requirements. The NPRM of the Emergency Response included a proposal to require that (Guidebook], DOT P 5800.2, at each persons offering hazardous materials for motor carrier facility where hazardous transportation provide oh the shipping materials shipments are loaded or paper a twenty-four hour emergency unloaded from vehicles." response telephone number of a person In response to concerns expressed in the NTSB recommendation (1-63-2) and the ATA petition (P-922), on March 16, 1984, RSPA published an advance notice of proposed rulemaking (ANPRM) under Docket HM-126C in the Federal (49 FR10048). The ANPRM. entitled "Required Use of Emergency Response Guidebooks and Material Safety Data. / Sheets", quoted the NTSB ,/{*' recommendation and the ATA petition in their entirety, and solicited comments on the benefits and consequences of ^ knowledgeable about the hazardous materials being shipped. In addition, the NPRM contained a proposal to require that technical names be shown on shipping papers and packages for materials which are described under "mo.s." or generic descriptions. A detailed discussion of these proposals, at well as the comments to these proposals follows. IL rHsmtnion of Comments Made to the NPRM 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 rrqmriiifl; additional emergency response information on hazardous materials transported in commerce. The majority of commenters supported RSPA \ reqafcfrig ndkBtional emergency msponan information.. However, only two commenters supported the NTSB recommendation that an MSDS accompany every bulk shipment of hazardous materials. Several commentersstated that although some of (he tefofmotion on an MSDS wight bo mhi Aisf believed that use of dm BUG would be a more effective method of ' BrnniMininating fundamental haired Information to emergency response ptmrml sad that the ERG should bo RSPA received more than seventy comments to the NPRM under Docket M&-120C. Comments were received from associations, chemical companies, emergency response organizations, and Federal and State agencies. Most commenters supported the intent of the -peeposed rule to improve emergency response communication during tnnsportation incidents involving .hazardous materials. However, many commenters expressed concern over certain aspects of the proposal and requested clarification on the u9e of certain technical names (i.e., proprietary or trade names) for "n.o.s." entries, ice of a twenty-four hour response telephone number to obtaio product-specific information cm the hazardous material being trensported. and the feasibility of requiring placement of the ERG, MSDS or other emergency response information on vehicles and at facilities. maintained as the primary reference. Based on RSPA's evaluation ofthe Barite ofthe casments to the AWRH' Major Issues A.Emergency Response Information on August 30,1967, a notice of proposed ATA strongly supported requiring niBsaMatfagJNFRM) was published,. additional emergency response Bitided "flaietipBcy Response information on shipping papers and Communication Standards" undv packages, and placement of the ERG at Docket No. HM-126C (53 FR 31496). 'facilities. However, ATA expressed NPRM solicited comments on requiring \ concern about requiring the placement improved emergency response of the ERG on transport vehicles. ATA information on shipping papers end -Mated: packages, and placement of emergency response information on vehicle# and at facilities involved in hazardous materials transportation. The NPRM addressed both bulk and non-bulk (t)he cost of providing the ERG and Inairing that iris on all transport vehicles .sNU result in the expenditure of millions of dollars which would not be cost effective to safety in the trucking industry. packages. In the NPRM. it was noted theft - ATA did not provide quantitative or widespread support was expressed by qualitative data in their comments to commenters to the ANPRM for i|ehliig aappott this contention. It should be use of the ERG. Many commenters . ~ noted that the NPRM did not propose believe that to better inform rmotyiinry imposing mandatory use of the ERG on response personnel about the hooavdaof oeUcfco or at facilities to satisfy the a material, the use of the ERG would emergency response Information 1 * t ABDOO176441 Federal Register / Vol. 54, No. 122 / Tuesday, June 27, 1989 / Rules and Regulations R 27139 requirements, but rather the ERG could "Hazardous or Dangerous Commodity materials in transportation. Most be used as one of several alternatives to Reports", respectively, may be used to commenters stated the ERG was the satisfy those requirements. Although satisfy the requirements for emergency preferred source for obtaining businesses may incur additional response information, as long as they emergency response information. In this paperwork burdens, due to the contain the required emergency final rule, RSPA adopts a requirement requirement for placement of emergency response information and are present on essentially as proposed in the NPRM, response information on transport the transport vehicle for each that emergency response information be vehicles, RSPA believes that those commodity. maintained on transport vehicles, in the burdens are justified because the requirement will improve the availability of information at the scene Representative of commenters supportive of carrying the ERG on-board vehicles was the National Private same manner as prescribed for shipping papers, and at facilities involved in the transportation of hazardous materials. of an incident involving hazardous Trucking Association (NPTA). NPTA While use of the ERG would be one materials and thereby enhance stated: method of compliance, flexibility is emergency response efforts during such There are several sound reasons for provided to afford use of other means to incidents. carrying a copy of the ERG on-board transit satisfy this requirement. RSPA did not propose that drivers of vehicles. First even though a significant l motor vehicles or crews aboard aircraft number of ERGs have been distributed to B. N.O.S. Descriptions/Generic or trains attempt themselves to take emergency response organizations and Descriptions emergency response measures. Instead, RSPA believes that during the initial stages of an emergency, having this information immediately available aboard a transport vehicle is important to convey information concerning the risks of materials, the basic precautions to be taken by transportation workers, and to improve the effectiveness of the' first on the scene emergency responders. The Association of American Railroads (AAR) commented that the notice as written would require that emergency response information be maintained on each rail car or personnel throughout the country, it is extremely unlikely that every emergency responder has one, or that one would always be on-scene. The presence of an ERG on each transport vehicle should effectively remedy this. Second, and perhaps more important currently when most incidents involving hazardous materials occur, there is a period of time between the occurrence and the arrival of trained first responders with, presumably, copies of an ERG and/or other essential information to enable them to initiate an effective response. Consequently, as a rale for the majority of shipments currently taking place, during that critical period of time, the truck driver, as well as any other passers-by who may happen on the The Chemical Waste Transportation Council (CWTC) supported showing the technical name for n.o.s. descriptions. However, CWTC stated that the requirement poses special administrative problems for non-bulk shipments of wastes. The CWTC stated: Keep in mind that non-bulk shipments of hazardous waste, aa opposed to hazardous pure product, are normally comprised of a variety of waste stream packages. The extent of this variety becomes most complex with regard to the shipment of waste material packaged in accordance with 49 CFR 173.12(b). Yet, the risk presented by these "transport vehicle.'* They stated that there is no place on a rail car for thit information to be placed and that there is no reason for this information to be placed on each individual rail car. To clarify our intent in regard to maintenance of and accessibility to emergency response information on "transport vehicles", the requirement addressing carriers' responsibility for scene, are without essential Information concerning the rlsk(s) which the materials being transported may pose to them and the public generally, or how to provide immediate and effective first aid should contact with a material have occurred. RSPA agrees with NPTA that having a copy of the ERG immediately available during a hazardous material emergency would be useful. However, compliance divergent but compatible waste streams is no greater, and for the most port is less hazardous, than its source material. Waste, after all, is often the dilute by-product or residue of a pure hazardous material product. This is especially true of wastes with an n.o.8. status. The CWTC requested that DOT allow shippers of hazardous wastes to show waste stream numbers in place of maintenance of written emergency with a requirement that emergency technical names for n.o.s. entries as response information on transport response information be immediately provided under the requirement in vehicles, such as trucks, rail cars or vessels and barges, has been restated to require that emergency response available for responders' use may also be accomplished in a number of other ways, such as by having emergency 5172.203(c) for hazardous substances. CWTC petitioned RSPA (petition number P-1033) to amend the HMR at 49 information be carried in the same response information printed on the CFR 172.203(c)(1) and 172.324(a) to manner as prescribed for shipping shipping paper or use of an MSDS (if it exclude materials packaged in papers. contains all of the required information). accordance with the lab pack provisions The AAR stated that additional Several commenters suggested that in S 173.12 from the requirement of written emergency response information DOT require the ERG to be carried on showing technical names for n.o.s. ( (e.g., ERG) is unnecessary for rail all emergency response vehicles. DOT entries. shipments because they have the does not have statutory authority to RSPA did not intend to make the "Hazardous or Dangerous Commodity require carriage of the ERG on additional description and marking \ Reports" for each hazardous material in emergency response vehicles operated requirements for emergency response a train, which they feel satisfies the by public entities. However, it has been information for hazardous waste emergency response information the goal of RSPA, since the early 1980's, materials, packaged in accordance with requirements. Although having the ERG that all emergency response vehicles the lab pack provisions, more available would satisfy the emergency carry a copy of the ERG. To this end, burdensome to the hazardous waste response information requirements, approximately 2.5 million copies of the industry. On the contrary, RSPA agrees other documents, for shipments by ERG have been distributed, without with CWTC comments that for aircraft, vessel and rail, such as the charge, to emergency response hazardous waste materials, packaged in ICAO "Emergency Response Guidance organizations by RSPA. accordance with the lab pack for Aircraft Incidents Involving Widespread support was expressed in provisions, inclusion of waste stream Dangerous Goods", the IMO the comments to the NPRM for requiring numbers rather than technical names for "Emergency Procedures for Ships additional emergency response' n.o.8. descriptions would meet the Carrying Dangerous Goods'*, and the information to accompany hazardous additional emergency response ABDOO176442 27140 Federal Register / Vol. 54. No. 121 / Tuesday. June 27, 1389 / Rules and Regulations information requirements. Consequently, valuable safety related information to in 5173.12. e new paragraph (f) has been be used In the transportation network. added to allow the use of waste stream Additionally, It is our belief that numbers, instead of die required' identifying the two major constituents technical name description, for which contribute to the hazards of a hazardous waste packaged in tab packs. ' material will result in only limited, if It should be noted, however, that there any, instances where proprietary is no exception in $ 173.12. or elsewhere, information would be revealed Current from identifying the names of provisions of tire HMR for identifying constituents contained in lab packs, if constituents In poisons, hazardous the constituent is a hazardous substance substance mixtures and solutions, and or a poison. any n.o.s. description for water ; Most commenters supported including shipments have not revealed a problem the technical name for n.o.s. or generic regarding the release of proprietory descriptions on shipping papers. However, because many technical ( names are quite lengthy or complicated, and commenters are concerned about information. Recently, RSPA has been made aware ~ of a potential problem concerning the identification of constituents of 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 for R.o.s. entries. Trade secrets include chemical formulations, and the commenters beHeve that tins information would not be protected tf they were required to include the technicalnamoa of these constituents on shipping papers. RSPA behaves that is emergency response stiuetians, the addition of technical names for iuxs. , entries is the best mj to identify the . primary aad 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, tire definition In f 17141 for `'technical name" includes chemical names designated or recognized by tire International Union ofPure and Applied materials that are subject to the . provisions of 21CFR130U4. he atontofotered by the Drag Bafoccement Aitotinlstrstlnn (DBA). Pteagiaph(e)of that section stotes; *7'* .* to addition, the registrant shall employ precautions (e.g., assuring that'shippingIrantatilers do not indicate tire! contents are controlled substances) taguard agntnst storage orto-transit tosses.nRSPA is not aware that the current constituent identification requirements ofthe HMR have resisted in rtofetions of the DEA requirements by perrons shipping hazardous materials that are also controlled substances. The requirements of this final ride should not cause any significant romplinnra difficulties. Of the controlled substance* reviewed by RSPA each has a general or other technical name wtiefa may be used to identify tire controlled substance in accordance with n^unfmonfa of this final rule, but which do not use terminology which readily identifies the hazardous material as a controlled substance. '/ r' Chemistry (IUPAC), the Chemie&i C. Telephone Contact for Emergency Abstracts Service, or In tire Registry of Response tofonnatfon Toxic Effects of Chemical Substances (RTECS). However, trade names may not be used as technical names. Comments to the notice generally supported RSPA's proposal to require that shipping papers contain the twenty- Further, RSPA beHeves there ts sound four hour telephone number of a person . reasoning to require improved Wito detailed knowledge of the > v identification of chemical constituents. 'hazardous r.Kargrtpriatfrn of tha - Commenters' concerns that "trade materials being shipped. The Chemical secret" information may be disclosed by Manufacturers's Association (CMAJ showing these constituents an shipping' indicated support for the provision that papers for "n.o.a." descriptions have not allowa shippers to list CHEMTREC, or been substantiated. As required by tills other organizations, with similar final rule, if a hazardous materiaHs a capabilities, as the initial contact point mixture or solution of two or more - for emergency response information. hazardous materials, only the technical CMA pointed but that It would be . names of at least two components most. impractical for an individual or small' predominantely contributing to the company to provide a phone number in hazards of the mixture or solution are the absence of this provision. required to be entered on the shipping CHEMTREC ts a pubHc service of the paper. Furthermore, this final rule does CMA CHEMTREC has the capability to not impose mandatory revdation of an provide immediate advice by telephone exact formulation, only ctisclosure of - . for the on-scene commander at a rjipmiral emergency, and can then promptly contact the shipper of the hazardous material for detailed assistance and an appropriate response follow-up. CHEMTREC operates 24- hours a day. seven days a week to receive toB-free calls. CHEMTREC notifies the National Response Center ' (NRC) of significant incklenfa If requested, they will a caller directly to the NRC. as required by Federal law and regulation. Other 1 industry or government organizations may exist or be established which may provide similar services for specified categories of materials. RSPA recognizes the difficulty experienced by small companies, who may not always have a 24-hour tfirphnwr number or have an trvilTidunl available to respond to Inquiries on a 24-hov basis. This final rule allows for the ose of an emergency response telephone number other than the shipper's, provided the shipper has furotehed an agency or organization witii detailed information concerning the hesmdotts material, and that the agency or organization is capable of, and has accepted lespoombilfty fofc. providing such information. This option will provide a shipper the flexibility otf selecting a name ami number which will ensure a 24-boar availabi&y of knowledgeable asddame., Although moot comraentera supported the propose! to require a 21-hour emergency response telephone number on shipping papers, several expressed concern about the requiremeat to S 172.W4(HZ) for toe telephone number to appear oq the shipping paper "in association with toe baste description". These commenters requested that the phone number be allowed anywhere on the shipping paper, as long as it is noted that the number is shown for the purpose ofemergency response, to this final rule, toe requirements in S 172.601(a)(2) (1) and (n) have been modified to require shippers to: (1) enter the emergency response telephone number on shipping papers "following the description 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 dearly highlighted for easy identification, it is indicated that the telephone number is to be used to obtain emergency response information. In the NPRM. RSPA proposed, as an option for a package having a gross weight of 30 kilograms or less, that the 24-hour emergency response telephone number may be displayed on the outside of the package ia association with the proper skipping name rather than on the shipping paper. The United Parcel ABDOO176443 Federal Register / Vol. 54. No. 122 / Tuesday, June 27, 1989 / Rules and Regutetiooa 27141 Service (UPS) and the Air Transportation Association of America supported the requirement that shipping papers contain a 24-hour emergency response telephone numtw to obtain emergency response information concerning hazardous materials, but suggested that the 24-hour emergency response telephone number should not be placed on in*ie^d of being placed on shipping papers for packages of 30 kilograms or less. Ibis suggestion was based on their concern that, if a package is found to be damaged or leaking, emergency response personnel should not jeopardize their safety by coming into contact with a leaking or damaged package to obtain the emergency response telephone number. Upon further consideration, RSPA agrees with the mmmnnters Consequently, the exception, as proposed in the NPRM, to allow shippers to place the emergency response mu^t qw packages instead of being placed op shipping papers for packages of 30 kiio^ams or less has not been adopted. D. Additional Considerations Applicability ofemergency response information requirement* to international shipper*. The NPRM did not propose to except parsons 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, S 17l.li, 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 (ICAO Technical Instructions), is revised in this Gael rule to require compliance with emergency response information requirements in Subpart C of Part 172 of this subchapter, it should be noted that no change in the requirements of $ 171A2 have been adopted in this final rule, therein, shipments of hazardous materials made in accordance with the provisions of this section are not excepted from the shipping peper or emergency response information requirements. RSPA antes that both ICAO and the International Maritime Organization (IMO) publish documents ^ntaimng emergency response information which could be used to satisfy the written emergency response information requirements specified in this final rule, when used is conjunction with a properly prepared shipping paper. With regard to providing a 24-bour emergency response telephone namber, the Hazardous Materials Advisory Council (HMACJ strongly urged RSPA to require foreign shippers Ant ship hazardous materials into the United States to designate a representative in the ILS. and to ensure that the contact la supplied with sufficient emergency response informatics to adequately assist emergency responders. Other commenters, sad) as the Air Transport Association of America and the International Air Transport Association (LATA) were concerned that overseas telephone numbers would be of little use in an emergency in the U.S* and that there coaid be some difficulty In obtaining emergency response, information for import shipments of hazardous materials. RSPA has similar concerns regarding tits effectiveness of an overseas 24-hour emergency response telephone number contact for foreign shippers. Although HMACs proposal to require that foreiyi shippers designate s representative in the U.S. appears to. have merit, it isbeyond the scope of this ralemaking. RSPA anticipates addressing tills issue in future rulemaking. Until that tuns, the emergency response information requirements of tins final rule apply to all shippers of hazardous materials. Accortfingiy. the appropriate sections of the M4R. B 171.11, 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 us prescribed to Subpait G of Part 172 of this aubefaapter. Applicability of the emergency response information requirements to Canadian shipments ofhazardous materials. The requirements under fi 171.12a allow hazardous la**''**!* shipments from Canada to be transported ia the United State*, which are 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 for the Transportation of Dangerous Commodities by Rati." However, the Canadian "Emergency Response Form" only applies to carload, trailerload, truddoed or contaiaerktud quantities of hazardous materials transported by rail These Canadian requirements do not. in all instances, fulfill the requirements specified in this final rule. Therefore, i 171.12a has been revised by the addition of paragraph (a)(7) which requires compliance with the emergency response information provisions of Sobpart G of Part 172. Applicability ofemergency response information requiremtents to empty packaginga His requirements under 49 CFR 173.29, for empty packagings that contain any residue of a hazardous material, specify that onle98 a packaging is cleaned and purged of all residue, or filled with materials not regulated under 49 CFR, it mast be transported in the same manner as required when it previously contained a greater quantity of hazardoos materials. This provision also applies to conformance with emergency response information requirements. Requests forpublic hearing. Three commenters, the ATA. the Regular Common Carrier Conference (RCCC), and the International Association of Fire Rghters (IAFF) requested that RSPA conduct a public hearing on the merits of the proposals contained in the NPRM. 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 information necessary to protect employees and others in the event of such incidents. ATA stated: (t)his heartag wiU allow both agencies to hear from tha affected industries and to better understand the which wiM arise as a result of the lack ofdelineation of regulatory authority of the two agencies. It would also provide DOT and OSHA with the opportunity to hear suggestions which could help to promote national amformity and incrcaaad safety through practical and a realistic coaounucation standard. RSPA conducted a public hearing on certain aspects of this rulemaking action after Issuance of the ANPRM. Comments received during the bearing and the comment period on the ANPRM generally supported the proposal to require that additional emergency response information be included on 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 of an incident involving hazardous materials. RSPA received over seventy 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 R ABDOO176444 27142_____ Federal Register / Vol. 54, No. 122 / Tuesday, June 27, 1989 / Rules and Regulations were received and evaluated. Furthermore, comments to other pending rulemaking actions, such as Docket HM181, dealing with similar topics addressed in this rulemaking (ie,, additional requirements for technical names for n.o.s. descriptions), were evaluated. RSPA does not believe that a public hearing on the proposals contained 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 and 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 duplicative or conflicting requirements, RSPA has not required a 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 mitgation methods necessary. This information can be transmitted using anMSDS, the ERG, or any other document that provides the information prescribed. ATA also expressed concern about the potential overlap of DOT and OSHA regulations and suggested a memorandum of understanding (MOU) to delineate respective authorities. RSPAaagrees that it should coordinate with OSHA officials on a continuing basis, but a formal MOD 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 Occupational Safety and Health Act; 29 U.S.C. 853(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 mteragency coordination, RSPA solicits information on hazardous materials issues that should be discussed with OSHA officials on an ongoing basis. The IAFF also requested that a public hearing be held regarding the proposals contained in the NPRM and, in addition, stated the following: The LAFF strongly disagrees with the position of the DOT that material safety data sheets (MSDSs) not be provided and maintained m those locations as required in 172.600(a). We believe that the MSDS, the primary vehicle for-transmitting chemical information, should be required and available for use by tire fighting and other emergency response personnel during a hazardous materials emergency. We believe that the reasons provided by the DOT in the Notice of Proposed Rulemaking are not only based on special interest (industry and/or those being regulated) but are significantly rhetorical and unsubstantiated. While we agree tint MSDS were not originally developed for the purpose of providing information for emergency response, they are now in fact the most utilized vehicle for providing such information. As you are well aware, the Federal Hazard Communication Standard, most State Rlght-to-Know standards, SARA, and many other federal, state and local regulations require the utilization of the MSDS. Fire fighters and emergency response personnel utilize this information at fixed facilities and would obviously be able to utilize this information equally as well when responding to transportation Incidents. We also strongly disagree with the proposal that the DOT Emergency Response Guidebook be used to satisfy the proposed requirements. The DOT ERG has never had public review other than through an ' "unofficial" and very unbalanced advisorycommittee. If the ERG is to be utilized, we propoee 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 satisfy the requirements of 172.604, especially without further definition of what "accepting responsibility for" would mean and without public review of the CHEMTREC operation and their legal responsibilities. 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 it staffed seven days a week. 24 hours a day..While the NRC has the capability to immediately patch the caller into CHEMTREC* information 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 in handling hazardous materials incidents. RSPA has not required nor prohibited the use of the MSDS as a means of providing information to workers covered by the Right-to-Know legislation and Superfund Amendment and Reauthorization Act of 1986 . (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 all instances, provide specific Information relative to response actions to be taken during transportation related incidents. Conceivably, for "less-thantruckload" and "!ess-than-carload" shipments, a carrier would possess numerous MSDS for the different materials being transported. In the event of a hazardous materials emergency, they may not be the most appropriate 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 fact vary, thus potentially leading 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 a 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 rale 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 a 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, and preliminary first aid measures. The IAFF asserts that the ERG has never had a public review other than through an "unofficial" and very "unbalanced" advisory committee. The ERG is not a regulatory document. There is no requirement currently in the HMR nor in tide final rule which mandates the use of the ERG. The ERG was developed i ABDOO176445 Fedatal Register / VoL $4. No. 122 / Tuesday, June 27, 1969 / Rules and Regulations , 27143 in an effort to fulfill RSPA's responsibilities to provide for a safe transportation environment for hazardous materials, and in an effort to provide better information to emergency responders in the event of an incident involving hazardous materials in transportation. The ERG. first published in 1980 and republished in 1984 and 1987, was developed in cooperation with respresentatives 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-eectioD of major manufacturers of hazardous materials, including representatives from Dow Chemical, DuPont da Nemours, and Union Carbide. CHEMTREC and the International Association of Fire Fighters. Each participant in the development of the ERG was invited to present suggestions, recommendations and other information relative to the guidance presented in the ERG. A number of participants, including the 1AFF, presented issues relative to the development ef information and recommendations contained in the ERG.All issues were discussed end decisions mads by RSPA relative to the final content of the ERG. Since tbs issaanee of the 1980 and subsequent editions of the ERG, more than 15 millinn mpiof have been distributed, without charge, to emergency response organizations. Thousands of other copies of die ERG have been purchased by others from commercial sources. Sack 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 ERG specifically requests such comments and provides an adffrasa to,which soch comments should be forwarded. RSPA maintains an open tog on comments relative to the ERG, each comment it 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 172.904 and recommended use of the National Response Center's telephone number. RSPA has not mandated the use of the CHEMTREC 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 material. 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 aa 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 rule 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 of a haurdflui 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. m. Relationship to Requirements Under Other Federal Statutes On August 24,1987, OSHA published a final rule (52 FR 31852) which amended their Hazard Communication Standard (HCS). The emended 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 sealed containers that are not opened under normal conditions of use (eg., 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 MMTMiuMKnn requirements of this final rule complement those of the HCS. In addition, RSPA believes that the use of the emergency response information required under this rule, hi association with the shipping paper information, will also assist carriers in complying with portions of the emergency notification requirements of section 304 of Title IQ of the Superfund Amendments and Reauthorization Act (SARA). The emergency notification requirements of SARA, Title 10. 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 171.6. In f 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 1171.11, paragraph (d) is revised to require compliance with the emergency response information requirements for international shippers who import hazardous materials into the United States aboard aircraft. Section 171.12a. la 1171.12a, a new paragraph (a)(7) is addd to require shipments of hazardous materials being imported into the United States, from Canada to be fo compliance with the requirements for emergency response information specified In the new Subpert G of Part 172. Section 172.202. 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 Part 172. Section 172.203. This section is revised by moving paragraph (iX2) and redeaipMting paragraph (iRS) as paragraph (f)(2). Paragraph (i)(3) is removed. The requirements from paragraph (iR2) are incorporated into a revised paragraph (k) to require that the "technical name" must be shown on shipping papers than contain "n.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 172301. In ft 172.301, paragraph (c) is redesignated as paragraph (d), and a new paragraph (c) is added to require marking of the technical name of the hazardous material on non-bulk packages which contain hazardous materials described under ilqa descriptions, and on non bulk packages of certain poisonous materials described under generic descriptions. In both instances, the technical name must be shown in - ABDOO176446 27144 Federal Register / Vol. 54, No. 122 / Tuesday, June 27, 1989 / Rules and Regulations parentheses, immediately following the D. Impact on Small Entities proper shipping name. Section 172.302. This section on marking requirements for export shipment of hazardous materials by water is rendered obsolete by the changes in 9 172.301. Therefore, this section is removed. Based on limited information concerning size and nature of entities likely affected by this final rule, I certify this regulation will not have a significant economic impact on a substantial number of small entities. A regulatory evaluation is available for Subpart G to Part 172. A new Subpart review in'the Docket G is added to Part 172 containing requirements for emergency response information. Section 173.12. This section is revised tcradd a new paragraph (f) which provides an exception from showing the 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. E. Regulatory Information Number (RIN) . i^ A regulatory information number . (RIN) is assigned to each regulatory action listed in the UnifiedAgenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda inApril and October of each year. The RIN number contained in the heading of this document can be used to cross reference this action with the Unified Agenda. Section 176.30. This section is revised List of Subjects to require that a dangerous cargo manifest contain a 24-hour emergency response telephone number. V. Administrative Notices A. Paperwork Reduction Act 49 CFR Part 171 . Hazardous materials transportation. Definitions. 49'CFR Part 172 Hazardous materials transportation, The changes and new requirements for information collection in 99 172.201, 172.203,172.602. and 172.604 have been approved by the Office of Management Shipping papers, Markings and Emergency response information. 49 CFR Pari 173 ' ' r' and Budget (OMB} tinder the provisions Hazardous materials transportation. of the Paperwork Reduction Act of 1980 Packaging*. (Pub. L 96-511) under OMB control numbers 2137-0034 and 2137-0580 (expiration dates: June 30,1992). 49 CFR Part 176 Hazardous materials transportation. B. Executive Order,12291 The RSPA has determined that this Maritime carriers. In consideration of the foregoing, 49 CFR Parts 171,172,173 and 176 are 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 amended as follows: PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS "significant" rule under DOT Regulatory Policies and Procedures (44 FR11034); (3) will not affect not-for-profit enterprises or small governmental jurisdictions; and (4) does not require a . 1. The authority citation for Part 171 continues to.read as follows: Authority: 49 U3.C 1803,1804,1805,1808; 49 CFR Parti. 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 9171.9 [Amended] 2. In S 171.8, the definition of "technical name" Is revised to read as follows: - Docket. r' C. Executive Order 12612 ' This action has been analyzed in 171.8 DefinWone and abbreviations. # '_ * . `Technical name" means the scientific designation of a chemical in accordance accordance with the principles and with the nomenclature system criteria contained in Executive Order developed by the International Union of 12612, and it has been determined that Pure and Applied Chemistry (TUPAC) or the final rule does not have sufficient . the Chemical Abstracts Service (CAS) federalism implications to warrant the rules of nomenclature, or a name preparation of a Federalism currently recognized in the Registry of Assessment Toxic Effects of Chemical Substances (RTECS). The term does not include trade names. 99 9 3. In S 171.11, a new paragraph (d}(10) is added to read as follows: 5 171.11 Use of ICAO Technical Instructions. (d) * * * (10) Shipments of hazardous materials under this section must conform to the requirements for emergency response information as prescribed in Subpart G of Part 172 of this subchapter. 4. In $ 171.12a, a new paragraph (a)(7) is added to read as follows: 9171.12a Canadian shipments and packagings. (a) * * * (7) Shipments of hazardous materials subject to the requirements of this section must conform to the requirements for emergency response information as prescribed in Subpart G of Part 172 of this subchapter. 9 9 * * *9 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 8. The authority citation for Part 172 is revised to read as follows: Authority: 49 U.S.C. App. 1803.1804.1808; 49 CFR Part i. 7. In 5172401, a new paragraph (d) is added to read as follows: 9172401 General entries. 9 9 9 (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 subchapter. 8. In 1172.203, 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: 9172499 Additional descriptions 99 9 9 9 (k) Technical names for "n.o.s. " and othergeneric descriptions. Unless otherwise excepted, if a material 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 ABDOO176447 Federal Register / Vol. 54, No. 122 / Tuesday, June 27, 1989 / Rules and Regulations 27145 description. For example "Corrosive liquid. n.o.s. (Caprylyl chloride). UN1760" or "Corrosive liquid, n.o.s., UN1760 (contains caprylyl 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 requirements of this section apply to all shipping descriptions for poisonous materials which are subject to the requirements of paragraph (in) of this section, and for which the proper shipping name does not specifically identify the poisonous constituent by technical name. For example. "Motor fuel antiknock compound (Tetraethyl lead). Poison B, UN1B49" or "Motor fuel antiknock compound. Poison B, UN1649, (Tetraethyl lead)". (2) If a hazardous material is a mixture or solution of two or more hazardous materials, th& 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, ilo.s. Alcohol n.o.s. Alkaline liquid. n.o.s. Cement adhesive. n.o.s. Combustible liquid, n.o.t. Compressed gas, n.o.s. Corrosive liquid. n.o.s. Corrosive liquid, poisonous, n.o.s. Corrosive solid, n.o.s. Dispersant gas, n.o.s. Etching acid, liquid. n.o.s. Etiologic agent ilo.s. Flammable gas, ilo.s. Flammable liquid, corrosive, ilo.s. Flammable liquid, n.o.s. Flammable liquid, poisonous. n.o.s. Flammable solid, corrosive, ilo.s. Flammable solid. n.o.s. Flammable solid, poisonous, n.o.s. Hazardous substance, liquid or solid. n.o.s. Hazardous waste, liquid or solid, n.o.s. Infectious substance, human. n.o.s. Insecticide, dry, n.o.s. Insecticide, liquid, n.o.s. Irritating agent n.o.s. Nonflammable gas. n.o.s. Organic peroxide, solid, n.o.t. Organic 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.o.s. Oxidizer, n.o.s. Oxidizer, poisonous, liquid. ilo.s. Oxidizer, poisonous, solid n.o.s. Poisonous liquid or gas. flammable. n.o.s. Poisonous liquid or gas. n.o.s. Poisonous liquid, n.o.s. Poison B liquid n.o.s. Poisonous solid corrosive, ilo.s. Poisonous solid. n.o.s. Poison B, solid n.o.s. Pyrophoric liquid n.o.s. Pyroforic liquid ilo.s. Refrigerant gas, n.o.s. Water reactive solid, n.o.s. (4) The 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 $ 172.203(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.'1 that is also a hazardous substance and which is described in accordance with the provisions of $ 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 class 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 mannet prescribed in paragraph (k) of this section. (3) If the inhalation toxicity of any material falls within the criteria specified in 1173.3a(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 5 172^01, paragraph (c) is redesignated as paragraph (d) and paragraph (c) is added to this section to read as follows: 172.301 General marking requirement*. e (c) Technical names. Each non-bulk packaging containing hazardous materials subject to the provisions of $ 172.203(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 $ 172.203(k) of this part t ft i $ 172.302 [Removed] 10. Section 172.302 is removed. 11. A new Subpart G is added to Part 172 to read as follows: Subpart 0--Emergency Response Information Sec. 172.600 Applicability and general requirements. 172.602 Emergency response information. 172.604 Emergency response telephone number. Subpart G--Emergency Response Information $172,600 AppUcaWOty and general requirement*. (a) Scope. Except as provided in paragraph (d) of this section, this subpart 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 subpart applies to persons who offer for transportation, accept for transportation, transfer or otherwise handle hazardous materials 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 information 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 or local government agency, responds to an incident involving a hazardous material, or is conducting an investigation which involves a hazardous material. ABDOO176448 27146 Federal Register / Vol 54, No. 122 / Tuesday, June 27. 1969 / Rules and Regulations (d) Exception. The requirements of (1) Carriers. Each carrier who this subpart do not apply to hazardous transports a hazardous materia! shall materials which are excepted from the maintain the information specified in shipping paper requirements of this paragraph (a) of this section in the same subchapter. manner as prescribed for shipping 172.602 Emergency response information. () Information 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, at a minimum, must contain the following information: (1) The description of the hazardous material required by 9 172.202 and 172.203; (2) Immediate hazards to health; (3) Risks of fire or explosion; (4) Immediate precautions to be taken in the event of an accident of incident; (5) Immediate methods for handling 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 materia) is received, stared or handled daring transportation, shall maintain the information required by paragraph (a) of this section whenever the hazardous material is present This tnfonnatkm must be in a location that is immediately accessible to facility personnel in the event of an incident involving the hazadrous material small or large fires; 9172.604 Eiwoigency response telephone () Initial methods for handling spills number. or leaks in the absence of fire; and (a) A person who offers a hazardous (7) Preliminary first aid measures. material for transportation must provide (bj Form ofinformation. The a 24-hour emergency response telephone Information required for a hazardous number (tecfodlng the ares code or' material by paragraph [a] of this section international access code) for use M file must be: (1) Printed legibly in-English; (2) Available for use away from the package containing the hazardous material; and event of an emergency mvofving the hazardous material. The telephone number must be-- (1) Monitored at all timer, (2) The number of a person who (3) Presented-- knowledgeable of the hazards and (i) On a shipping paper; characteristics of the hazardous (ii) In a docroaent, other than a material being shipped, bee' shipping paper, that includes both the comprehensive emergency response and basic description of the hazardoas accident mitigation information few that material as specified in 9 172.101, and - material or has immediate access to a - the emergency response information person who possesses such knowled^ - required by thtesebpart, fe.g., a material and information; and' safety data sheet); or (3) Entered on a h*rrinfi P&per, as (iiij In eonjtmctton with a shipping follows; paper, in a separate document, such aa (iJ Immediately following the an emergency response guidance description of the hazardous material manual, in a manner that ctoss> required by Subpart C of this Part 172; or - references the basic description for the (ii) filtered cmce onthe shipping hazardous material on the shipping paper in a clearly visible location. This paper with the emergency response provision may be used only if the information contained in the document telephone number applies to each For example, the ICAO "Emergency hazardous materia! entered on the Response Guidance for Aircraft shipping paper, and if ft Is indicated that Incidents Involving Dangero-- Goods" the telephone number is for emergency and the IMO "Emergency Procedures for response information (for example: Ships Carrying Dangerous Goods", for "EMERGENCY CONTACT: ***]. shipments by air and water respectively, (b)Tbe telephone number required by could be used in association with a paragraph (a) of fids section must be die shipping paper to satisfy the number of the person offering die requirements of this paragraph, if the hazardoas material for transportation or document contains the information the number of an agency or organization specified in para^aph (a) of this section. capable of, and accepting responsibility (c) Maintenance of information. for, providing the detailed Information Emergency response information shall concerning the hazardous material A be maintained as follows:, _ person offering a hazardous material for transportation who lists the telephone number 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 StflPMENTS AND PACKAGMGS 12. The authority citation for Part 173 continues to read as follows: Authority: 49 US.C. 1803,1804,1806.1808: 49 CFE Parti. 13. In 9 173.12, a new paragraph (f) is added to read as follows; 9 17112 Exceptions for sMpmoat d waste material * * (f) Technicalnamesfar auto, descriptions. The requirements for die indation of wWiiiwwM for oo.s.. descriptions an shipping papers and package markings. II171206 and 172.301 of tins sabchepter, respectively, do not apply to packagings prepared in accordance with the retprirenestte of this section, except ts falhms. (1) Packages containing materials meeting the defferittoo of a hazardoas substance most be described as required in 1172.203(c) and marked as required in } 172.324 of this subchapter; and (2) Packages containing hazardous materials subject to the provisions of 9171203(m) of this subefeapter most be described in accordance with 9172.203{m) of this subchapter. PART 176--CARRIAGE BY VESSEL 14. The authority citation for Part 176 continues to read as follows; Authority: 49 U.S.C. 1803,1894,ISO* 4ft CTR Parti. 15. In 9 171130, a new paragraph (a)(3)(i) is added to read as follows: 9176^0 Dangerous cargo manifest. (a) * * * (3) * * * (i) An emergency response telephone number as prescribed in Snbpart G of Part 172 of this subchapter. 66 Issued in Washington. DC on fene 22.1989, under authority delegated to 49 CJR Part 1. Travis P. Dungan, Administrator, Research andSpecial Programs Administration. [FR Doc. 69-15190 Filed 6-26-89; 8:45 am) BtUMOCOOC StO-W-M 4 / * US Department ofThyisportatiocv RMearchend sptcio nOUIMRil AdfnMitiofen 400. Seventh .,s.w. ' Wasninafon, O.C. 20591 FORWARDING AND RETURN POSTAGEGUARANTEB) Onicial Business penalty for Private Use $300 .v. > ABDOO176449 . ' /, V- BUUCWAH. POSTAGE & FEES PAID RESEARCH* SPECIAL PROGRAMS ` ' ADMINISTRATION . 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