Interpretation Response #22-0112

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

Interpretation Response Details

Response Publish Date: 12/15/2022

Company Name: Oak Harbor Freight Lines, Inc.

Individual Name: Jeff McLaughlin

Location State: ID Country: US

View the Interpretation Document

Response text:

December 15, 2022

Mr. Jeff McLaughlin
Pacific Northwest Safety Supervisor
Oak Harbor Freight Lines, Inc.
3720 E. Ohio Match Rd
Hayden, ID 83835

Reference No. 22-0112

Dear Mr. McLaughlin:

This letter is in response to your October 24, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to reporting incidents of spills of packing group (PG) I and II hazardous materials. In your email, you state that it is your understanding—as currently worded in § 171.16(d)(2)—the four conditions for exception from incident reporting requirements provided for unintentional releases of hazardous materials are stand-alone conditions. You believe that, for example, a PG II material that is not a limited quantity material according to § 171.16(d)(2)(i) may still be excepted if it meets the condition specified in § 171.16(d)(2)(ii), in that the material is released from a package having a capacity of less than 20 liters. Specifically, you ask whether § 171.16(d)(2) requires reporting of PG I and II hazardous materials spills regardless of the amount released.

Your understanding is incorrect. In order to be excepted from reporting in accordance with § 171.16(d)(2), the four conditions of sub-paragraphs (i) through (iv) must all be met. These conditions are conjunctive, indicated by "; and" following § 171.16(d)(2)(iii), meaning all four conditions in § 171.16(d)(2) must be met.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

171.16(d)(2), 171.16(d)(2)(i), 171.16(d)(2)(ii), 171.16(d)(2)(iii)

Regulation Sections