{"operation":"document","citation":"03-0028","title":"Roadway Express — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-05-21","effective_on":null,"summary":"03-0028 response to Roadway Express concerning 171.15.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0028.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0028.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0028","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030028.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nMAY 2 1 2003\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nMrs. Lori Leonti\nRef. No. 03-0028\nResponsible Care\noordinator of Safety Policy anc\nRoadway Express\n1077 Gorge Boulevard\nP.O. Box 471\nAkron, OH\n44309-0471\nDear Mrs.\nLeonti:\nthe requirement for immediate notification of certain\nThis is in response to your January 28, 2003, letter regarding\nhazardous materials incidents.\nclarification on the notification requirements contained in\nSpecifically, you request\n§ 173.15 of the Hazardous Materials Regulations (HMR; 49 CER\nParts 171-180).\nYour questions are paraphrased and answered as follows:\nQ1. Is an incident that does not involve a hazardous material\nreportable under the provisions of § 171.15 if the\ntransport vehicle fuel tank leaks as a result of the\ncollision?\nAl. No, the requirements of the HMR only apply to the\ntransportation of hazardous materials in commerce.\nQ2. If a cylinder is found leaking on a carrier's dock at a\nclosed facility where only facility employees are\npresent, resulting in the evacuation of the facility for\ngreater\nthan\nprovisions of $ 171.15?\nan hour, must the facility report under the\nA2.\nThe requirements of $ 171.15 apply to incidents that\noccur during the\ncourse of transportation, including\nloading, unloading, and storage incidental thereto.\nAlthough\n\"general public\" the evacuation of facility employees\nthere is no regulatory definition for the term\nwould not trigger the incident reporting requirements of\n§ 171.15 (a) (1) (iv).\nHowever, the immediate incident\nreporting\ntransportation arteries or facilities are closed or shut\nrequirements do apply when one or more\n030028\n\n<<<PAGE 2>>>\n\ndown for one or more hours (S 171.15(a) (1)(V)). It is\nthe opinion of this office that the evacuation of a\ncriterion in $ 171.15 (a) (1) (v).\ncarrier terminal facility for two hours would meet the\n03. A motor carrier transporting hazardous materials is\ninvolved in a fatal accident, however, there is no\nrelease of hazardous materials or damage to the hazardous\nmaterials packagings.\nIs this incident subject to\nreporting under the provisions of § 171.15?\nA3. No, immediate notice must be given if a person is killed\n\"as a direct result of the hazardous material.\"\nQ4. A release of a hazardous material during loading results\nin the injury of an employee, who is transported to the\nlocal emergency room and then directly released.\nIs this\nincident reportable under the provisions of § 171.15?\nA4.\nUnder the provisions of § 171.15 (a) (1) (ii), a carrier\nmust provide immediate notice of a hazardous material\nincident that results in the hospitalization of a person.\nthe term \"hospitalization,\" to meet the requirements of\nAlthough there is no regulatory definition provided for\nthis provision a person must be admitted to a hospital as\na patient.\nImmediate notification is not required if a\nperson is\nemergency room but not admitted to the hospital.\ntaken to the hospital and is treated in the\nI hope this information is helpful. If you have further\nquestions, please do not hesitate\nto contact this office.\nSincerely,\nDilma Hillio\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nROADWAY.\nROADWAY EXPRESS, INC\n330.384.1717\n077 Gorge Boulevard • P.O. Box 471 • Akron, OH 44309-047\nExpress\nISO 9002 Certified\nBAH\nJanuary 28, 2003\n§171.15 (a))\nIncidents Reports\nMr. Edward T. Mazzullo\n03-0028\nDirector, Office of Hazardous Materials Standards\n400 7* Street S. W.\nU.S. DOT/RSPA (DHM-10)\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo,\nSection 171.15 requires immediate notification to the National Response Center when incidents\noccur \"as a direct result of hazardous materials.\" Please clarify if the following scenarios would\nwarrant immediate reporting as required under 171.15 (a)(1):\n1. A motor carrier is involved in an accident with another vehicle which results in a\nshut down for over an hour. The vehicle was not transporting hazardous materials.\npunctured saddle tank. One hundred gallons of diesel fuel is released and the highway is\n2. A cylinder containing a 2.3 material is discovered leaking on a carrier's dock. The entire\nterminal facility was evacuated for two hours. Also advise definition of \"general public.\"\n3. A motor carrier transporting hazardous materials is involved in an accident that results\nin a fatality. There was no damage to the packages or release of hazardous materials.\n4. During unloading, terminal personnel discover a cylinder containing a 2.2 is releasing.\nThe exposed employees are taken to the emergency room and released.\nSincerely,\nZoi Zeanti\nLori Leonti\nCoordinator of Safety Policy and Responsible Care","truncated":false,"body_characters":4733}