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

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

Docket No.

16142–M .......

.........................

Applicant
Nontong CIMC Tank
Equipment Co. Ltd.
Jiangsu, Province.

[FR Doc. 2015–09356 Filed 4–22–15; 8:45 am]
BILLING CODE 4909–60–M

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2015–0099, Notice No.
15–7]

Hazardous Materials: Emergency
Response Information Requirements
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice.
AGENCY:

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:
SUMMARY:

mstockstill on DSK4VPTVN1PROD with NOTICES

Background and Recent Incidents
PHMSA is issuing this safety advisory
notice to remind offerors, including reofferors, 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

VerDate Sep<11>2014

18:53 Apr 22, 2015

Regulation(s) affected

Jkt 235001

49 CFR 178.274(b) and
178.276(b)(1).

Nature of special permits thereof
To modify the special permit to specify the material of construction for the inner shell, raise the
design pressure, water specification, and delete
the quantity of baffles.

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 productspecific 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
1 http://www.ntsb.gov/safety/safety-recs/
recletters/I83_2.pdf.
2 54 FR 27142 (HM–126C).

PO 00000

Frm 00081

Fmt 4703

Sfmt 4703

22781

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

E:\FR\FM\23APN1.SGM

23APN1

mstockstill on DSK4VPTVN1PROD with NOTICES

22782

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

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 §§ 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 § 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

VerDate Sep<11>2014

18:53 Apr 22, 2015

Jkt 235001

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 § 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.
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, reofferors 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
3 http://phmsa.dot.gov/pv_obj_cache/pv_obj_id_
F69209B2F102C36FDEBED674D65AC72854380300/
filename/NTSB_R-14-18_to-21_(8-22-14).pdf.

PO 00000

Frm 00082

Fmt 4703

Sfmt 4703

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

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Hazardous Materials: Actions on
Special Permit Applications
Office of Hazardous Materials
Safety, Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of actions on special
permit applications.
AGENCY:

In accordance with the
procedures governing the application
for, and the processing of, special
permits from the Department of
Transportation’s Hazardous Material
Regulations (49 CFR part 107, subpart
B), notice is hereby given of the actions
on special permits applications in
(October to October 2014). The mode of
transportation involved are identified by
a number in the ‘‘Nature of
Application’’ portion of the table below
as follows: 1—Motor vehicle, 2—Rail
freight, 3—Cargo vessel, 4—Cargo
aircraft only, 5—Passenger-carrying
aircraft. Application numbers prefixed
by the letters EE represent applications
for Emergency Special Permits. It
should be noted that some of the
sections cited were those in effect at the
time certain special permits were
issued.

SUMMARY:

Issued in Washington, DC, on April 8,
2015.
Donald Burger,
Chief, Special Permits and Approvals Branch.

E:\FR\FM\23APN1.SGM

23APN1