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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