Interpretation Response #07-0131 ([National Tank Truck Carriers, Inc.] [Mr. Thomas P. Lynch])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: National Tank Truck Carriers, Inc.
Individual Name: Mr. Thomas P. Lynch
Location State: VA Country: US
View the Interpretation Document
Response text:
July 24, 2007
Mr. Thomas P. Lynch Reference No. 07-0131
National Tank Truck Carriers, Inc.
2200 Mill Road
Alexandria, VA 22314
Dear Mr. Lynch:
This is in response to your June 28, 2007 letter requesting clarification of the hazardous materials incident reporting requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification concerning incidents that are excepted from reporting requirements under § 171.16(d).
There are three separate exceptions from the incident reporting requirements. As specified in § 171.16(d), unless a telephone report is required under § 171.15, the incident reporting requirements do not apply to any of the following:
1) A release of a minimal amount of hazardous material from a vent, for materials for which venting is authorized; the routine operation of a seal, pump, compressor, or valve; or connection or disconnection of loading or unloading lines, provided that the release does not result in property damage (See § 171.16(d)(1)).
2) An unintentional release of hazardous material when the material is properly classed as ORM-D or as a Packing Group III material in Class or Division 3, 4, 5, 6.1, 8, or 9; each package has a capacity of less than 20 liters (5.2 gallons) for liquids or less than 30 kg (66 pounds) for solids; the total aggregate release is less than 20 liters (5.2 gallons) for liquids or less than 30 kg (66 pounds) for solids; and the material is not offered for transportation or transported by aircraft, a hazardous waste, or an undeclared hazardous material (See § 171.16(d)(2)).
3) An undeclared hazardous material discovered in an air passenger"s checked or carry on baggage during the airport screening process (See § 171.16(d)(3)).
The text for exceptions from reporting in the current Guide for Preparing Hazardous Materials Incidents Report (PHH50-0038-0604) may be misleading. We will address
confusion presented by the guidance by clarifying the language in the guide to indicate the three options that are available.
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
171.16 (d)
Regulation Sections
| Section | Subject |
|---|---|
| 171.16 | Detailed hazardous materials incident reports |