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Interpretation Response #10-0232 ([URS Corporation] [Ms. Erin Jarman])

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

Interpretation Response Details

Response Publish Date:

Company Name: URS Corporation

Individual Name: Ms. Erin Jarman

Location State: NC Country: US

View the Interpretation Document

Response text:

December 15, 2010

 

 

Ms. Erin Jarman

Environmental Scientist

URS Corporation

1600 Perimeter Park Drive, Suite 400

Morrisville, NC 27560

Ref. No. 10-0232

Dear Ms. Jarman:

This responds to your May 5, 2010 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification regarding the incident reporting requirements in §§ 171.15 and 171.16. Your questions are paraphrased and answered as follows:



Q1. If a person knows that an incident occurred while another party was in physical possession of a hazardous materials shipment, is that person required to investigate whether an incident report was filed by the party that was in possession of the material?



A1. The answer is no. As required in §§ 171.15 and 171.16, it is the responsibility of the person in physical possession of the hazardous material to provide notice of an incident. There is no requirement of a third party to ensure that the person in possession of the hazardous material provides notice of an incident.

Q2. If a shipper offers a shipment of hazardous materials to a carrier and that shipment is involved in an incident while in the carrier"s possession, is the shipper required to follow-up with the DOT to ensure that the carrier properly reported the incident?

A2. The answer is no. It is not the responsibility of the offeror or shipper of the hazardous material involved in an incident to follow-up with the DOT to ensure that the incident is properly reported by the carrier in physical possession of the hazardous material.

I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553.

Sincerely,

Ben Supko

Acting Chief, Standards Development Branch

Standards and Rulemaking Division



171.15, 171.16

Regulation Sections

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