{"operation":"document","citation":"00-0115","title":"Warner Norcross & Judd LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-06-06","effective_on":null,"summary":"00-0115 response to Warner Norcross & Judd LLP concerning 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0115.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0115.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0115","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000115.pdf","body":"<<<PAGE 1>>>\n\n- 1\nU.S.Department\nof Transportation\nWashington, D.C.\nResearch and\nJÜN\nAdministration\nSpecial Programs\n6 2000\nMr. Scott D. Hubbard\nRef. No. 00-0115\nWarner Norcross & Judd LLP\n900 Old Kent Building\n111 Lyon Street, N. W.\nGrand Rapids, MI 49503-2487\nDear Mr. Hubbard:\nThis is in response to your April 12, 2000, letter concerning the incident reporting requirements in the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you requested\nclarification of incident reporting when your client, when receiving a hazardous material delivery,\nparticipates in the unloading activities which result in a release requiring an incident report.\nSection 171.16 states that each carrier that transports hazardous materials is responsible for reporting\nhazardous materials indents. While your client may be performing the function of a carrier, if the carrier\nis present during the time of unloading and the motive power is still attached to the transport vehicle\nwhen the incident occurs, the carrier is responsible for submitting the incident report form as required in\n§ 171.16. If the carrier has dropped the transport vehicle and the motive power is removed from the\npremises, the carrier obligation is fulfilled and transportation has ended; thus; the incident reporting\nregulations would not apply.\nYou may be interested in two rulemakings which address these issues: Docket HM-223 \"Hazardous\nMaterials: Applicability of the Hazardous Materials Regulations\" and Docket HM-229 \"Hazardous\nMaterials Incident Reporting Requirements, and the Detailed Hazardous Materials Incident Report\nDOT Form F 5800.1.\" These are available through our website (http://hazmat.dot.gov).\nI hope this satisfies your request.\nSincerely,\nhow allis.\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n171.16\n000115\n\n<<<PAGE 2>>>\n\n•\nWARNER NORCROSS & JUDD LLP\nJohnsen\n900 OLD KENT BUILDING\nATTORNEYS AT LAW\n5171-14\nGRAND RAPIDS, MICHIGAN 4.W$03-2487\nSCOTT D. HUBBARD\nTELAX GIC 732258-2000\n00 - 0115\nhubbarsd@wnj.com\n(616) 752-2157\nApril 12, 2000\nMr. Edward T. Mazzullo\nDirector\nOffice of Hazardous Materials Standards\nU.S. DOT/RSPA (DHM-10)\n400 - 74 Street, S.W.\nWashington, D.C. 20590-0001\nRe:\nReporting Requirements Under 49 CFR 171.15 and 171.16\nDear Mr. Mazzullo:\nI am writing to inquire as to the Department of Transportation's position on the scope\nand applicability of the reporting requirements of 49 CFR 171.15 and :171.16 under the\ncircumstances described below.\nOur client, a manufacturer, receives hazardous materials delivered by truck (including\ntanker trucks) to its manufacturing facility - a large complex with multiple production buildings.\nThe trucking firms that deliver the hazardous materials are \"carriers\" as defined in 49 CFR 171.8.\nOur client is not engaged in the transportation of passengers or property in any respect, and\nconsequently does not fall within the regulatory definition of a \"carrier.\"\nFrom time to time, our client's employees may participate in unloading hazardous\nmaterials from a carrier's vehicle that has stopped at our client's receiving facility (for example,\npumping liquid hazardous materials from the carrier's tanker truck to a storage tank owned by our\nclient). In some cases, the unloading is carried out solely by our client's employees.\nIf a spill or other incident covered by the reporting requirements of 49 CFR 171.15\nand/or 171.16 were to occur in the course of unloading hazardous materials from a carrier's vehicle\nunder the circumstances described above, with our client's employees participating in or actually\nconducting the unloading, would the reporting requirements of the referenced regulations apply to\nour client in addition to the carrier?\n\n<<<PAGE 3>>>\n\nMr. Edward Mazzullo\nApril 12, 2000\nPage 2\nOur client is aware of, and strictly complies with, its reporting obligations under\napplicable federal and state environmental protection laws. Our analysis indicates that our client is\nnot a \"carrier,\" and accordingly is not obligated to report incidents covered by 49 CFR 171.15 and\n171.16 that occur on our client's property -- even if the carrier itself fails to report.\nWe would appreciate receiving an explanation of the Department's position on this\nissue at your earliest convenience.\nThank you for your assistance. If you have any questions or need any further\ninformation, please give me a call.\nScott D. Hubbard\nSDH: Imb\nsagchea","truncated":false,"body_characters":4452}