Interpretation Response #05-0148 ([PGM Global Logistices] [Ms. Debbie Hape])

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

Interpretation Response Details

Response Publish Date: 08/05/2005

Company Name: PGM Global Logistices

Individual Name: Ms. Debbie Hape

Location State: TN Country: US

View the Interpretation Document

Response text:

Aug 5, 2005

Ms. Debbie Hape                       Reference No. 05-0148
Transportation Compliance Specialist
PGM Global Logistices
Pfizer Inc.
1855 Shelby Oaks Drive North
Memphis, TN 38134

Dear Ms. Hape:

This is in response to your June 21, 2005 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 consignee is required to file a Hazardous Materials Incident Report (DOT Form F5800. 1) if, during a loading/unloading operation, the consignee discovers an undeclared shipment of hazardous material, or a shipment of hazardous material that is damaged or leaking.

As specified in § 171.16, each person in physical possession of a hazardous material while it is being transported must submit a Hazardous Materials Incident Report on DOT Form F5800.1 within 30 days of discovery of an incident when any of the following occurs: (1) any of the circumstances set forth in § 171.15(b); (2) an unintentional release of a hazardous material or the discharge of any quantity of hazardous waste; (3) 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; (4) or an undeclared hazardous material is discovered.

For purposes of the HMR, transportation in commerce begins when a. carrier takes possession of a hazardous material for the purpose of transporting it and continues until the package containing the hazardous material arrives at its destination. Therefore, an incident that occurs while a shipper is filling a bulk packaging, such as a cargo tank, portable tank, or rail car, or loading packaged or containerized hazardous material onto a transport vehicle before the carrier arrives at the facility to pick up the shipment .s not required to be reported because the incident occurs prior to the onset of transportation. in commerce. An incident that occurs while the carrier that will be transporting the hazardous material is observing or participating in the filling or loading operation must be reported because the carrier is deemed to be in possession of the hazardous material at that point; the incident thus occurs during transportation. For these incidents, the carrier must complete the report.

Similarly, an incident that occurs or is discovered while a consignee is unloading a hazardous material from a transport vehicle or emptying a bulk packaging after the carrier has delivered the material is not required to be reported because the incident occurs or is discovered after transportation has ended. Thus, the consignee is not required to report an undeclared shipment or a damaged or leaking shipment that is discovered after the carrier has delivered the hazardous material. An incident that occurs while the carrier that delivered the hazardous material is observing or participating in the unloading operation must be reported because the carrier is deemed to be in possession of the hazardous material at that point; the incident thus occurs during transportation. For these incidents, the carrier must complete the report.

I trust this satisfies your inquiry.

Sincerely,

Susan Gorsky  
Acting Director
Office of Hazardous Materials Standards

171.16

Regulation Sections