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Interpretation Response #00-0016 ([Materials Association, Inc.] [Mr. John V. Currie])

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

Interpretation Response Details

Response Publish Date:

Company Name: Materials Association, Inc.

Individual Name: Mr. John V. Currie

Location State: NY Country: US

View the Interpretation Document

Response text:

June 29, 2000

Mr. John V. Currie                 Reference No. 00-0016
Vessel Operators Hazardous
Materials Association, Inc.
1118 Bay Road
Lake George, NY 12845-4618

Dear Mr. Currie:

This is in response to your January 6, 2000 letter requesting clarification regarding persons responsible for compliance with the incident reporting requirements in 49 CFR 171.15 and 171.16. Specifically, you asked whether a person acting as an agent for the carrier, such as a terminal or storage depot operator, is responsible for preparing an incident report for a spill occurring during storage incidental to the movement of the hazardous material.

The answer is yes.  Sections 171.2 and 173. 1 (c) require any person performing a function covered by the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to perform that function in compliance with the appropriate requirements.  Therefore, the agent of an intermodal carrier who discovers a spill that occurred during storage incidental to the movement of a hazardous material must ensure that an incident report is filed as required under the HMR.  Either the carrier or the agent may file the incident report.  I have enclosed for your information one of our training handouts containing general guidance for brokers, forwarding agents, freight forwarders, and warehousers.

I hope this satisfies your request.  Please contact us if we can be of further assistance.


Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
171.16 Detailed hazardous materials incident reports