80 FR 22781 - Hazardous Materials: Emergency Response Information Requirements

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 80, Issue 78 (April 23, 2015)

Page Range		22781-22782
FR Document		2015-09436

PHMSA is issuing this notice to remind hazardous materials shippers and carriers of their responsibility to ensure that current, accurate and timely emergency response information is immediately available to emergency response officials for shipments of hazardous materials, and such information is maintained on a regular basis.

Federal Register, Volume 80 Issue 78 (Thursday, April 23, 2015)

[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22781-22782]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09436]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2015-0099, Notice No. 15-7]


Hazardous Materials: Emergency Response Information Requirements

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice.

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SUMMARY: PHMSA is issuing this notice to remind hazardous materials 
shippers and carriers of their responsibility to ensure that current, 
accurate and timely emergency response information is immediately 
available to emergency response officials for shipments of hazardous 
materials, and such information is maintained on a regular basis.

FOR FURTHER INFORMATION CONTACT: Neal Suchak, Transportation 
Specialist, Standards and Rulemaking Division, Office of Hazardous 
Materials Safety, Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey Ave. 
SE., Washington, DC 20590. Telephone: (202) 366-8553 or, via email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background and Recent Incidents

    PHMSA is issuing this safety advisory notice to remind offerors, 
including re-offerors, and carriers of hazardous materials of their 
responsibilities pertaining to emergency response information. The 
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180), 
specifically Subpart G of Part 172, prescribe requirements for detailed 
emergency response information, including, accessibility and 
communication of incident mitigation measures.
    On February 16, 2015 a CSX train carrying 109 cars of petroleum 
crude oil derailed in Mt. Carbon, WV. The accident resulted in the 
derailment of 26 tank cars, 14 of which caught fire. On March 5, 2015, 
a BNSF train carrying 103 cars of petroleum crude oil derailed in 
Galena, Il. Of the 21 cars derailed involved in the incident, five 
caught fire. While the Department is still investigating the 
circumstances of these incidents, they serve as a reminder that 
accurate and accessible emergency response information can be a 
critical component for an adequate emergency response effort.

History

    On June 27, 1989, the Research and Special Programs Administration 
(RSPA; the predecessor to PHMSA) published a final rule in the Federal 
Register that codified requirements to provide certain emergency 
response information on hazardous materials during their 
transportation. The final rule emphasized the importance for carriers 
and first responders to have first-hand, up-to-date, technical and 
emergency response information for hazardous materials to minimize the 
consequences and protect property and life where possible in the event 
of emergency incidents. This rulemaking action was issued as a result 
of the investigation by the National Transportation Safety Board (NTSB) 
of an accident which occurred near Odessa, Delaware in October 1982. 
Following the investigation, the NTSB issued Safety Recommendation I-
83-2, which among other provisions, recommended that RSPA, ``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 for hazardous 
materials.'' \1\ The requirements issued in the final rule were 
``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.'' 
\2\
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    \1\ http://www.ntsb.gov/safety/safety-recs/recletters/I83_2.pdf.
    \2\ 54 FR 27142 (HM-126C).
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Current Requirements

    With limited exceptions, the HMR require shipments of hazardous 
materials to be accompanied by shipping papers and other documentation 
designed to communicate to transport workers and emergency responders 
the hazards associated with a specific shipment. This information must 
include the immediate hazard to health; risks of fire or explosion; 
immediate precautions to be taken in the event of an accident; 
immediate methods for handling fires; initial methods for handling 
spills or leaks in the absence of fire; and preliminary first aid 
measures. The information must be in writing, in English, and presented 
on a shipping paper or related shipping document. The offeror of a 
hazardous material is responsible for ensuring the emergency response 
information is current, correct, and accurate. Re-offerors are 
permitted to rely on previous data provided they take no intermediate 
action, such as blending or mixing the material.
    A delay or improper response due to a lack of accurate or timely 
emergency response information may place emergency response personnel, 
transportation workers, and the general public or the environment at 
increased risk. Expeditious identification of the hazards and proper 
instructions for appropriate handling and clean up associated with 
specific hazardous materials is critical to quickly mitigating the 
consequences of unintended releases of hazardous materials and other 
incidents.
    Section 172.600(b) of the HMR requires persons who offer for 
transportation, accept for transportation, transfer, or otherwise 
handle hazardous materials during transportation to provide emergency 
response information including an emergency response telephone number. 
Therefore, the responsibility to provide emergency response information 
is not solely that of an offeror. This responsibility is shared by 
those who offer, accept, transfer, or otherwise handle hazardous 
materials during transportation and must be completed prior to offering 
hazardous materials into transportation. A current safety data sheet 
(SDS) that includes accurate emergency response

[[Page 22782]]

information for the product being shipped, although not required, is 
one form of information that may be used to satisfy the emergency 
response information requirements.
    Section 172.602(a)(1) requires that the emergency response 
information contain the basic description and technical name of the 
hazardous material as required by Sec. Sec.  172.202 and 172.203(k). 
Section 172.602(b)(3) requires that the emergency response information 
be presented (i) on a shipping paper; (ii) in a document, other than a 
shipping paper, that includes both the basic description and technical 
name of the hazardous material (e.g. safety data sheet); or (iii) 
related to the information on a shipping paper, in a separate document 
(e.g., an emergency response guidance document such as the most current 
revision of the Emergency Response Guidebook (ERG)), in a manner that 
cross references the description of the hazardous material on the 
shipping paper with the emergency response information contained in the 
document. If a guide number page from the ERG is used, it must include 
the basic description and, if applicable, the technical name of the 
hazardous material. If the entire ERG is present, however, the 
requirements of Sec.  172.602 are satisfied.
    Emergency response information must also be immediately available 
for use. Section 172.600(c) requires any person who offers, accepts, 
transfers or otherwise handles hazardous materials during 
transportation not do so unless emergency response information is 
immediately available for use at all times the hazardous material is 
present. Additionally, emergency response information, including the 
emergency response telephone number, must be 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. Section 172.602(c) prescribes the maintenance of emergency 
response information. This information must be immediately accessible 
to train crew personnel, drivers of motor vehicles, flight crew 
members, and bridge personnel on vessels for use in the event of 
incidents involving hazardous materials. Carriers must maintain 
emergency response information in the same manner as prescribed for 
shipping papers (Subpart C of Part 172 of the HMR).
    Emergency response information must be accompanied by an emergency 
response telephone number in accordance with Sec.  172.604. This 
telephone number must be monitored at all times the hazardous material 
is in transportation, including storage incidental to transportation. 
The telephone number must be of a person who is either knowledgeable of 
the hazardous material being shipped and has comprehensive emergency 
response and incident mitigation information for that material, or has 
immediate access to a person who possess such knowledge and 
information.

NTSB Safety Recommendation R-14-18

    As a result of the November 30, 2012 accident in which a 
Consolidated Rail Corporation train containing hazardous materials 
derailed, spilling vinyl chloride into Mantua Creek in Paulsboro, New 
Jersey, the NTSB issued a number of new Safety Recommendations. Among 
the recommendations issued to PHMSA was R-14-18, which urged PHMSA to 
``take action to ensure that emergency response information carried by 
train crews is consistent with and is at least as protective as 
existing emergency response guidance provided in the Emergency Response 
Guidebook.'' \3\ We are considering possible alternatives, including 
regulatory action, to affect this recommendation.
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    \3\ http://phmsa.dot.gov/pv_obj_cache/pv_obj_id_F69209B2F102C36FDEBED674D65AC72854380300/filename/NTSB_R-14-18_to-21_(8-22-14).pdf.
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Conclusion

    Emergency response information is a critical component of hazardous 
materials safety. The responsibility to provide accurate and timely 
information is a shared responsibility for all persons involved in the 
transportation of hazardous materials. It is a shipper's responsibility 
to provide accurate emergency response information that is consistent 
with both the information provided on a shipping paper and the material 
being transported. Likewise, re-offerors of hazardous materials must 
ensure that this information can be verified to be accurate, 
particularly if the material is altered, mixed or otherwise repackaged 
prior to being placed back into transportation. In addition, carriers 
must ensure that emergency response information is maintained 
appropriately, is accessible and can be communicated immediately in the 
event of a hazardous materials incident. Fulfilling these 
responsibilities is critical in reducing the severity of a hazardous 
materials incident and reduces the risk to emergency response 
personnel, transportation workers, and the general public.

    Issued in Washington, DC on April 17, 2015.
Timothy P. Butters,
Acting Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2015-09436 Filed 4-22-15; 8:45 am]
 BILLING CODE 4910-60-P

Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices 22781

Application Docket No. Applicant Regulation(s) affected Nature of special permits thereof
No.

16142–M ....... ......................... Nontong CIMC Tank 49 CFR 178.274(b) and To modify the special permit to specify the mate-
Equipment Co. Ltd. 178.276(b)(1). rial of construction for the inner shell, raise the
Jiangsu, Province. design pressure, water specification, and delete
the quantity of baffles.

[FR Doc. 2015–09356 Filed 4–22–15; 8:45 am] March 5, 2015, a BNSF train carrying Current Requirements
BILLING CODE 4909–60–M 103 cars of petroleum crude oil derailed With limited exceptions, the HMR
in Galena, Il. Of the 21 cars derailed require shipments of hazardous
involved in the incident, five caught materials to be accompanied by
DEPARTMENT OF TRANSPORTATION fire. While the Department is still shipping papers and other
investigating the circumstances of these documentation designed to
Pipeline and Hazardous Materials
incidents, they serve as a reminder that communicate to transport workers and
Safety Administration
accurate and accessible emergency emergency responders the hazards
[Docket No. PHMSA–2015–0099, Notice No. response information can be a critical associated with a specific shipment.
15–7] component for an adequate emergency This information must include the
response effort. immediate hazard to health; risks of fire
Hazardous Materials: Emergency
or explosion; immediate precautions to
Response Information Requirements History be taken in the event of an accident;
AGENCY: Pipeline and Hazardous On June 27, 1989, the Research and immediate methods for handling fires;
Materials Safety Administration Special Programs Administration initial methods for handling spills or
(PHMSA), DOT. (RSPA; the predecessor to PHMSA) leaks in the absence of fire; and
ACTION: Notice. published a final rule in the Federal preliminary first aid measures. The
Register that codified requirements to information must be in writing, in
SUMMARY: PHMSA is issuing this notice English, and presented on a shipping
to remind hazardous materials shippers provide certain emergency response
paper or related shipping document.
and carriers of their responsibility to information on hazardous materials
The offeror of a hazardous material is
ensure that current, accurate and timely during their transportation. The final responsible for ensuring the emergency
emergency response information is rule emphasized the importance for response information is current, correct,
immediately available to emergency carriers and first responders to have and accurate. Re-offerors are permitted
response officials for shipments of first-hand, up-to-date, technical and to rely on previous data provided they
hazardous materials, and such emergency response information for take no intermediate action, such as
information is maintained on a regular hazardous materials to minimize the blending or mixing the material.
basis. consequences and protect property and A delay or improper response due to
FOR FURTHER INFORMATION CONTACT: Neal life where possible in the event of a lack of accurate or timely emergency
Suchak, Transportation Specialist, emergency incidents. This rulemaking response information may place
Standards and Rulemaking Division, action was issued as a result of the emergency response personnel,
Office of Hazardous Materials Safety, investigation by the National transportation workers, and the general
Pipeline and Hazardous Materials Safety Transportation Safety Board (NTSB) of public or the environment at increased
Administration, U.S. Department of an accident which occurred near risk. Expeditious identification of the
Transportation, 1200 New Jersey Ave. Odessa, Delaware in October 1982. hazards and proper instructions for
SE., Washington, DC 20590. Telephone: Following the investigation, the NTSB appropriate handling and clean up
(202) 366–8553 or, via email: issued Safety Recommendation I–83–2, associated with specific hazardous
neal.suchak@dot.gov. which among other provisions, materials is critical to quickly mitigating
SUPPLEMENTARY INFORMATION: recommended that RSPA, ‘‘Determine the consequences of unintended
by mode of transportation the feasibility releases of hazardous materials and
Background and Recent Incidents other incidents.
of requiring comprehensive product-
PHMSA is issuing this safety advisory specific emergency response Section 172.600(b) of the HMR
notice to remind offerors, including re- information, such as Material Safety requires persons who offer for
offerors, and carriers of hazardous Data Sheets, to be appended to shipping transportation, accept for transportation,
materials of their responsibilities transfer, or otherwise handle hazardous
documents for hazardous materials.’’ 1
pertaining to emergency response materials during transportation to
The requirements issued in the final
information. The Hazardous Materials provide emergency response
rule were ‘‘intended to provide specific
Regulations (HMR; 49 CFR parts 171– information including an emergency
information relative to the hazards of response telephone number. Therefore,
180), specifically Subpart G of Part 172,
prescribe requirements for detailed the materials being transported and the responsibility to provide emergency
emergency response information, provide immediate initial emergency response information is not solely that
response guidance until further specific
mstockstill on DSK4VPTVN1PROD with NOTICES

including, accessibility and of an offeror. This responsibility is
communication of incident mitigation information can be obtained from the shared by those who offer, accept,
measures. shipper or others relative to long-term transfer, or otherwise handle hazardous
On February 16, 2015 a CSX train mitigation actions.’’ 2 materials during transportation and
carrying 109 cars of petroleum crude oil must be completed prior to offering
derailed in Mt. Carbon, WV. The 1 http://www.ntsb.gov/safety/safety-recs/ hazardous materials into transportation.
accident resulted in the derailment of 26 recletters/I83_2.pdf. A current safety data sheet (SDS) that
tank cars, 14 of which caught fire. On 2 54 FR 27142 (HM–126C). includes accurate emergency response

VerDate Sep<11>2014 18:53 Apr 22, 2015 Jkt 235001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1

22782 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices

information for the product being prescribed for shipping papers (Subpart addition, carriers must ensure that
shipped, although not required, is one C of Part 172 of the HMR). emergency response information is
form of information that may be used to Emergency response information must maintained appropriately, is accessible
satisfy the emergency response be accompanied by an emergency and can be communicated immediately
information requirements. response telephone number in in the event of a hazardous materials
Section 172.602(a)(1) requires that the accordance with § 172.604. This incident. Fulfilling these
emergency response information telephone number must be monitored at responsibilities is critical in reducing
contain the basic description and all times the hazardous material is in the severity of a hazardous materials
technical name of the hazardous transportation, including storage incident and reduces the risk to
material as required by §§ 172.202 and incidental to transportation. The emergency response personnel,
172.203(k). Section 172.602(b)(3) telephone number must be of a person transportation workers, and the general
requires that the emergency response who is either knowledgeable of the public.
information be presented (i) on a hazardous material being shipped and Issued in Washington, DC on April 17,
shipping paper; (ii) in a document, other has comprehensive emergency response 2015.
than a shipping paper, that includes and incident mitigation information for Timothy P. Butters,
both the basic description and technical that material, or has immediate access to
name of the hazardous material (e.g. Acting Administrator, Pipeline and
a person who possess such knowledge Hazardous Materials Safety Administration.
safety data sheet); or (iii) related to the and information.
information on a shipping paper, in a [FR Doc. 2015–09436 Filed 4–22–15; 8:45 am]
separate document (e.g., an emergency NTSB Safety Recommendation R–14–18 BILLING CODE 4910–60–P

response guidance document such as As a result of the November 30, 2012
the most current revision of the accident in which a Consolidated Rail
Emergency Response Guidebook (ERG)), DEPARTMENT OF TRANSPORTATION
Corporation train containing hazardous
in a manner that cross references the materials derailed, spilling vinyl Pipeline and Hazardous Materials
description of the hazardous material on chloride into Mantua Creek in Safety Administration
the shipping paper with the emergency Paulsboro, New Jersey, the NTSB issued
response information contained in the a number of new Safety Hazardous Materials: Actions on
document. If a guide number page from Recommendations. Among the Special Permit Applications
the ERG is used, it must include the recommendations issued to PHMSA was
basic description and, if applicable, the R–14–18, which urged PHMSA to ‘‘take AGENCY: Office of Hazardous Materials
technical name of the hazardous action to ensure that emergency Safety, Pipeline and Hazardous
material. If the entire ERG is present, response information carried by train Materials Safety Administration
however, the requirements of § 172.602 crews is consistent with and is at least (PHMSA), DOT.
are satisfied. as protective as existing emergency ACTION: Notice of actions on special
Emergency response information must response guidance provided in the permit applications.
also be immediately available for use. Emergency Response Guidebook.’’ 3 We
Section 172.600(c) requires any person are considering possible alternatives, SUMMARY: In accordance with the
who offers, accepts, transfers or including regulatory action, to affect procedures governing the application
otherwise handles hazardous materials this recommendation. for, and the processing of, special
during transportation not do so unless permits from the Department of
emergency response information is Conclusion Transportation’s Hazardous Material
immediately available for use at all Emergency response information is a Regulations (49 CFR part 107, subpart
times the hazardous material is present. critical component of hazardous B), notice is hereby given of the actions
Additionally, emergency response materials safety. The responsibility to on special permits applications in
information, including the emergency provide accurate and timely information (October to October 2014). The mode of
response telephone number, must be is a shared responsibility for all persons transportation involved are identified by
immediately available to any person involved in the transportation of a number in the ‘‘Nature of
who, as a representative of a Federal, hazardous materials. It is a shipper’s Application’’ portion of the table below
State or local government agency, responsibility to provide accurate as follows: 1—Motor vehicle, 2—Rail
responds to an incident involving a emergency response information that is freight, 3—Cargo vessel, 4—Cargo
hazardous material, or is conducting an consistent with both the information aircraft only, 5—Passenger-carrying
investigation which involves a provided on a shipping paper and the aircraft. Application numbers prefixed
hazardous material. Section 172.602(c) material being transported. Likewise, re- by the letters EE represent applications
prescribes the maintenance of offerors of hazardous materials must for Emergency Special Permits. It
emergency response information. This ensure that this information can be should be noted that some of the
information must be immediately verified to be accurate, particularly if sections cited were those in effect at the
accessible to train crew personnel, the material is altered, mixed or time certain special permits were
drivers of motor vehicles, flight crew otherwise repackaged prior to being issued.
members, and bridge personnel on placed back into transportation. In
vessels for use in the event of incidents Issued in Washington, DC, on April 8,
2015.
involving hazardous materials. Carriers 3 http://phmsa.dot.gov/pv_obj_cache/pv_obj_id_
Donald Burger,
mstockstill on DSK4VPTVN1PROD with NOTICES

must maintain emergency response F69209B2F102C36FDEBED674D65AC72854380300/
information in the same manner as filename/NTSB_R-14-18_to-21_(8-22-14).pdf. Chief, Special Permits and Approvals Branch.

VerDate Sep<11>2014 18:53 Apr 22, 2015 Jkt 235001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1

Document Created: 2015-12-16 08:41:46
Document Modified: 2015-12-16 08:41:46

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Neal Suchak, Transportation Specialist, Standards and Rulemaking Division, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590. Telephone: (202) 366-8553 or, via email: [email protected]
FR Citation		80 FR 22781

80 FR 22781 - Hazardous Materials: Emergency Response Information Requirements

DEPARTMENT OF TRANSPORTATIONPipeline and Hazardous Materials Safety Administration

Federal Register Volume 80, Issue 78 (April 23, 2015)

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration