(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 the hazardous material is present; and
(2) Emergency response information, including the emergency response telephone number, 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.
(d) Exceptions. The requirements of this subpart do not apply to hazardous material which is excepted from the shipping paper requirements of this subchapter or a material properly classified as an ORM-D.
(a) 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, as a minimum, must contain the following information:
(1) The basic description and technical name of the hazardous material as required by §§ 172.202 and 172.203(k), the ICAO Technical Instructions, the IMDG Code, or the TDG Regulations, as appropriate (IBR, see § 171.7 of this subchapter);
(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 fires;
(6) Initial methods for handling spills or leaks in the absence of fire; and
(7) Preliminary first aid measures.
(b) Form of information. The information required for a hazardous material by paragraph (a) of this section must be:
(1) Printed legibly in English;
(2) Available for use away from the package containing the hazardous material; and
(3) 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 as required by §§ 172.202 and 172.203(k), the ICAO Technical Instructions, the IMDG Code, or the TDG Regulations, as appropriate, and the emergency response information required by this subpart (e.g., a material safety data sheet); or
(iii) Related to the information on a shipping paper, a written notification to pilot-in-command, or a dangerous cargo manifest, in a separate document (e.g., an emergency response guidance document), 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. Aboard aircraft, the ICAO “Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods” and, aboard vessels, the IMO “Emergency Procedures for Ships Carrying Dangerous Goods”, or equivalent documents, may be used to satisfy the requirements of this section for a separate document.
(c) Maintenance of information. Emergency response information shall be maintained as follows:
(1) Carriers. Each carrier who transports a hazardous material shall maintain the information specified in paragraph (a) of this section and § 172.606 of this part in the same manner as prescribed for shipping papers, except that the information must be maintained in the same manner aboard aircraft as the notification of pilot-in-command, and aboard vessels in the same manner as the dangerous cargo manifest. 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.
(2) Facility operators. Each operator of a facility where a hazardous material 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 location that is immediately accessible to facility personnel in the event of an incident involving the hazardous material.
[Amdt. 172-116, 54 FR 27146, June 27, 1989; 54 FR 28750, July 5, 1989, as amended by Amdt. 172-116, 55 FR 875, Jan. 10, 1990; Amdt. 172-151, 62 FR 1234, Jan. 8, 1997; 66 FR 45379, Aug. 28, 2001; 68 FR 75741, Dec. 31, 2003]
(a) A person who offers a hazardous material for transportation must provide a numeric emergency response telephone number, including the area code, for use in an emergency involving the hazardous material. For telephone numbers outside the United States, the international access code or the “+” (plus) sign, country code, and city code, as appropriate, that are needed to complete the call must be included. The telephone number must be -
(1) Monitored at all times the hazardous material is in transportation, including storage incidental to transportation;
(2) The telephone number 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 possesses such knowledge and information. A telephone number that requires a call back (such as an answering service, answering machine, or beeper device) does not meet the requirements of paragraph (a) of this section; 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; or
(ii) Entered once on the shipping paper in the manner prescribed in paragraph (b) of this section in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found, such as by highlighting, use of a larger font or a font that is a different color from other text and information, or otherwise setting the information apart to provide for quick and easy recognition. The offeror may use one of the methods prescribed in this paragraph only if the telephone number applies to each hazardous material 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 -
(1) The number of the person offering the hazardous material for transportation when that person is also the emergency response information provider (ERI provider). The name of the person, or contract number or other unique identifier assigned by an ERI provider, identified with the emergency response telephone number must be entered on the shipping paper immediately before, after, above, or below the emergency response telephone number unless the name is entered elsewhere on the shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found; or
(2) The number of an agency or organization capable of, and accepting responsibility for, providing the detailed information required by paragraph (a)(2) of this section. The person who is registered with the ERI provider must ensure that the agency or organization has received current information on the material before it is offered for transportation. The person who is registered with the ERI provider must be identified by name, or contract number or other unique identifier assigned by the ERI provider, on the shipping paper immediately before, after, above, or below the emergency response telephone number in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found, unless the name or identifier is entered elsewhere in a prominent manner as provided in paragraph (b)(1) of this section.
(c) A person preparing shipping papers for continued transportation in commerce must include the information required by this section. If the person preparing shipping papers for continued transportation in commerce elects to assume responsibility for providing the emergency response telephone number required by this section, the person must ensure that all the requirements of this section are met.
(d) The requirements of this section do not apply to -
(1) Hazardous materials that are offered for transportation under the provisions applicable to limited quantities or excepted quantities; or
(2) Materials properly described under the following shipping names:
(i) Battery powered equipment.
(ii) Battery powered vehicle.
(iii) Carbon dioxide, solid.
(iv) Castor bean.
(v) Castor flake.
(vi) Castor meal.
(vii) Castor pomace.
(viii) Consumer commodity.
(ix) Dry ice.
(x) Engine, fuel cell, flammable gas powered.
(xi) Engine, fuel cell, flammable liquid powered.
(xii) Engine, internal combustion.
(xiii) Engine, internal combustion, flammable gas powered.
(xiv) Engine, internal combustion, flammable liquid powered.
(xv) Fish meal, stabilized.
(xvi) Fish scrap, stabilized.
(xvii) Krill Meal, PG III.
(xviii) Machinery, internal combustion.
(xix) Machinery, fuel cell, flammable gas powered.
(xx) Machinery, fuel cell, flammable liquid powered.
(xxi) Machinery, internal combustion, flammable gas powered.
(xxii) Machinery, internal combustion, flammable liquid powered.
(xxiii) Refrigerating machine.
(xxiv) Vehicle, flammable gas powered.
(xxv) Vehicle, flammable liquid powered.
(xxvi) Wheelchair, electric.
[74 FR 53422, Oct. 19, 2009, as amended at 75 FR 53596, Sept. 1, 2010; 77 FR 37984, June 25, 2012; 78 FR 1073, Jan. 7, 2013; 78 FR 60753, Oct. 1, 2013; 81 FR 35541, June 2, 2016; 83 FR 55807, Nov. 7, 2018; 85 FR 27878, May 11, 2020]
(a) Each carrier who transports or accepts for transportation a hazardous material for which a shipping paper is required shall instruct the operator of a motor vehicle, train, aircraft, or vessel to contact the carrier (e.g., by telephone or mobile radio) in the event of an incident involving the hazardous material.
(b) For transportation by highway, if a transport vehicle, (e.g., a semi-trailer or freight container-on-chassis) contains hazardous material for which a shipping paper is required and the vehicle is separated from its motive power and parked at a location other than a facility operated by the consignor or consignee or a facility (e.g., a carrier's terminal or a marine terminal) subject to the provisions of § 172.602(c)(2), the carrier shall -
(1) Mark the transport vehicle with the telephone number of the motor carrier on the front exterior near the brake hose and electrical connections or on a label, tag, or sign attached to the vehicle at the brake hose or electrical connection; or
(2) Have the shipping paper and emergency response information readily available on the transport vehicle.
(c) The requirements specified in paragraph (b) of this section do not apply to an unattended motor vehicle separated from its motive power when the motor vehicle is marked on an orange panel, a placard, or a plain white square-on-point configuration with the identification number of each hazardous material loaded therein, and the marking or placard is visible on the outside of the motor vehicle.