Interpretation Response #99-0244 ([Corporate Environmental Advisors, Inc.] [Mr. Frank B. Postma, P.G.])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Corporate Environmental Advisors, Inc.
Individual Name: Mr. Frank B. Postma, P.G.
Location State: MA Country: US
View the Interpretation Document
Response text:
September 30,1999
Mr. Frank B. Postma, P.G. Ref. No. 99-0244
Project Manager
Corporate Environmental Advisors, Inc.
127 Hartwell Street
West Boylston, MA 01583
Dear Mr. Postma:
This responds to your letter dated August 25, 1999, requesting clarification of the incident reporting requirements in § 171.16 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a carrier is required to file an incident report in accordance with § 171.16 for a release from a motor vehicle fuel tank or from a motor vehicle's hydraulic, cooling, or lubrication systems.
The answer is no. A hazardous materials carrier must file DOT Form F 5800.1 within 3O days of an unintentional release of hazardous materials from a package, including a tank, or if any of the circumstances set forth in § 171.15 occurs. A motor vehicle fuel tank, that meets the requirements for all fuel systems under §§ 393.65 and 393.69 of the Federal Motor Carrier Safety Regulations, including marking, is maintained in accordance with NFPA/,ASME standards for fuel systems, and is not used as a packaging for hazardous materials is not subject to the requirements of the HMR. Similarly, a motor vehicle's hydraulic, cooling, and lubrication systems are not packaging for hazardous materials and, thus, are not subject to the HMR.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
71.16