Interpretation Response #04-0153 ([National Cargo Bureau, Inc] [Mr. Philip I. Anderson])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 07/22/2004

Company Name: National Cargo Bureau, Inc

Individual Name: Mr. Philip I. Anderson

Location State: NY Country: US

View the Interpretation Document

Response text:

Jul 22, 2004

Mr. Philip I. Anderson                 Reference No. 04-0153
Chief, Technical Department
National Cargo Bureau, Inc.
17 Battery Place, Suite 1232
New York, NY 10004-1110

Dear Mr. Anderson:

This is in response to your June 18, 2004 letter requesting clarification of the Hazardous Materials Incident Reporting requirements, effective January 1, 2005, under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a carrier is required to file a Hazardous Materials Incident Report (DOT Form F5800.1) if the shipper declares a shipment to be a hazardous material after the shipment is in the possession of the carrier. You also ask whether the reporting requirement applies only if the carrier discovers an undeclared shipment.

The carrier is required to submit a Hazardous Materials Incident Report because the carrier is in physical possession of the hazardous material at the time the undeclared hazardous material is discovered. The reporting requirement applies whenever any of the conditions in § 171.16 are met. As specified in § 171.16, each person in physical possession of a hazardous material must submit a Hazardous Materials Incident Report on DOT Form F5800.l within 30 days of discovery of the incident when any of the following incidents occurs in transportation: any of the circumstances set forth in § 171.15(b); an unintentional release of a hazardous material or the discharge of any quantity of hazardous waste; a cargo tank with a capacity of 1,000 gallons or greater containing any hazardous material suffers structural damage to the lading retention system or damage that requires repair to a system intended to protect the lading retention system, even if there is no release of hazardous material; or an undeclared hazardous material is discovered.

I hope this information is helpful.

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

171.16

Regulation Sections