Emergency Response Telephone Number

This is in response to your letter of April 22, 1996 concerning whether a shipper or a carrier is liable for penalties when an emergency response telephone number on a certified shipping paper is invalid.

The emergency response telephone number requirements in 49 CFR 172.604 apply to shippers and carriers of hazardous materials in interstate commerce. The emergency response number ensures that appropriate response and mitigation information is available to emergency response personnel in the event of an incident. The number must be of a person who has comprehensive emergency response and accident mitigation information or has immediate access to a person who possess such knowledge. For import shipments, a contact person in the United States may be used if the person can give detailed information on the hazardous material or can immediately connect the emergency responder with the person in the foreign country who possesses such information.

Before accepting a hazardous materials shipment, a motor carrier must ensure that an emergency response telephone number appears on a shipping paper as required in § 172.604(a)(3). However, a motor carrier is not required to verify that the emergency response telephone number meets the remaining requirements of § 172.604. The shipper is responsible for ensuring that the emergency response telephone number is operative and meets the requirements of § 172.604(b). If the emergency response telephone number is determined to be invalid, further transportation of the hazardous material would not be in compliance with § 172.600.