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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 #04-0275 ([Ms. Amy Dean])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Ms. Amy Dean

Location State: CO Country: US

View the Interpretation Document

Response text:

Feb 11, 2005

 

Ms. Amy Dean                 Reference No. 04-0275
1161 Alter Way
Broomfield, CO 80020

Dear Ms. Dean:

This is in response to your December 3, 2004 letter asking who is responsible for reporting a hazardous materials release before and after January 1, 2005, under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a farmer or your company is responsible for reporting a hazardous materials release to this agency when a fanner leases a tank wagon loaded with “Ammonia, anhydrous, 2.2, UN 1005” from your company, tows it away from your facility attached to the back of his truck, and has a traffic accident on a highway that causes the release of the anhydrous ammonia.

In the scenario you describe, the farmer is responsible for reporting the incident. The HMR’s incident reporting requirements in § 171.15 and 171.16, and the incident reporting form were revised in two rulemakings issued under Docket No. RSPA-99-5013 (HM-229; 69 FR 30114, 5/26/04, and 68 FR 67746, 12/3/03) that went into effect on January 1, 2005. Before this date, the carrier, which in this instance is the farmer, transporting the material was responsible for filling out and filing the Hazardous Materials Incident Report, Form DOT F 5800.1, with this agency. After January 1, 2005, the person or entity in physical control of the hazardous material when it is released is responsible for filling out and filing the form. In your scenario, the person in physical control of the material is the farmer.

I hope this information is helpful.

Sincerely,

 

Hattie L.  Mitchell , Chief
Regulatory Review and Reinvention
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