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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #04-0049 ([Ms. Sheila Wolf] [Ms. Sheila Wolf])

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

Interpretation Response Details

Response Publish Date:

Company Name: Ms. Sheila Wolf

Individual Name: Ms. Sheila Wolf

Location State: NY Country: US

View the Interpretation Document

Response text:

Mar 25, 2004

Ms. Sheila Wolf                                            Reference No.04-0049

260 Convent Avenue Apt 41

New York, NY  10031-9120

Dear Ms. Wolf:

This is in response to your letter of February 23, 2004, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask for clarification of the incident reporting requirements in §§ 171.15 and 171.16. Your questions are paraphrased and answered as follows:

Ql.       Do the incident reporting requirements apply to all modes of transportation?

Al.        Yes.  Sections 171.15 and 171.16 apply to rail, aircraft,

            vessel and highway transportation.

Q2.      Is immediate notification required if a person who is not employed by the carrier is injured and admitted to a hospital as a result of a spill?

A2.      Yes.  Immediate notification under § 171.15 is required if a person is hospitalized as a result of an incident, regardless who, if anyone, employs that person.

Q3.      Who must be notified when an incident occurs?  How long does a person have to provide notice of an incident?

A3.      At the earliest practical moment, incidents requiring immediate notification must be reported, by phone, to the appropriate organization specified in § 171.15. In addition, any person required to report under § 171.1G must provide written notification to the Information Systems Manager, DHM-63, Research and Special Programs

Administration (RSPA) within 30 days of the discovery of the incident.

Q4.      How does a person obtain a copy of a Hazardous Material Report Form (F 5800.1) that has been filed with the RSPA?

A4.      Incident Report Form 5800.1 data submitted in accordance with §§ 171.15 and 171.16 is available at the following Web site:

            http://hazmat.dot.gov/files/hazmat/hmisframe.htm [Web Editor's Note: Website updates have changed this URL to http://phmsa.dot.gov/hazmat/incident-report.]

In addition, 5800.1 data may be obtained from the Office of Hazardous Materials Information Systems by phone at (202) 366-4555 or by e-mail at hmis@rspa.dot.qov [Web Editor's Note: Website updates have changed this email address to hmis_requests@dot.gov although the old one may continue to work for some time.].

Q5.      What are the penalties for violations of the incident reporting requirements?

A5.      The Office of Hazardous Materials Safety sets forth its guidelines for making baseline assessments for violations of the HMR, including, incident reporting requirements, in Appendix A to Subpart D of Part 107 (Guidelines for Civil Penalties).

I hope this satisfies your request.

Sincerely,

John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards

171.15, 171.16

Regulation Sections

Section Subject
171.15 Immediate notice of certain hazardous materials incidents
171.16 Detailed hazardous materials incident reports