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Interpretation Response #07-0096 ([Emergency Response and Training Solutions] [Mr. George Sabo])

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

Interpretation Response Details

Response Publish Date:

Company Name: Emergency Response and Training Solutions

Individual Name: Mr. George Sabo

Location State: OH Country: US

View the Interpretation Document

Response text:

Jun 20, 2007

 

Mr. George Sabo                  Reference No. 07-0096
Senior Emergency Response Manager
Emergency Response and Training Solutions
8401 Chagrin Rd., Suite 15B
Chagrin Falls, OH 44023

Dear Mr. Sabo:

This is in response to your electronic transmission requesting clarification of the incident reporting requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask whether your company may perform the functions under the incident reporting requirements in §§ 171.15 and 171.16 on behalf of the person in physical possession of a hazardous material. You also ask whether electronic reporting may take the place of providing notice by telephone.

Any person who performs or is contractually responsible to perform any of the HMR functions is legally responsible under the HMR for their proper performance. As such, your company may perform the incident reporting requirements in §§ 171.15 and 171.16 on behalf of the person in physical possession of a hazardous material.

With respect to electronic reporting, it is not an option for the § 171.15 immediate notice of incident reporting requirements; a report by telephone is required. However, as provided by § 171.16(b)(1), an electronic report on DOT Form F5800 may be submitted in lieu of a written report sent by mail for the detailed incident report.

I hope this information is helpful. Please contact this office if you have additional questions.

Sincerely,

 

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

171.15, 171.16 (b)(1)

Regulation Sections

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