{"operation":"document","citation":"04-0049","title":"Ms. Sheila Wolf — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-03-25","effective_on":null,"summary":"04-0049 response to Ms. Sheila Wolf concerning 171.15, 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0049.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0049.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0049","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040049.pdf","body":"<<<PAGE 1>>>\n\n•\nof Transportation\nU.S. Deparment\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nWashington, D.C. 20590\nAdministration\nMAR 2 5 2004\n260 Convent Avenue Apt 41\nMs. Sheila Wolf\nRef. No. 04-0049\nNew York, NY\n. 10031-9120\nDear Ms. Wolf:\nThis is in response to your letter of February 23, 2004,\nrequesting clarification of the Hazardous Materials Regulations\nclarification of the incident reporting requirements in §§ 171.15\n(HMR; 49 CFR Parts 171-180). Specifically, you ask for\nand 171.16. Your questions are paraphrased and answered as\nfollows:\nQ1. Do the incident reporting requirements apply to all modes of\ntransportation?\nAl.\nYes.\nvessel and highway\nSections 171.15 and 171.16 apply to rail, aircraft,\ntransportation.\n02.\nIs immediate notification required if a person who is not\nhospital as a result of a spill?\nemployed by the carrier is injured and admitted to a\nA2. Yes. Immediate notification under § 171.15 is required if a\nregardless who, if anyone, employs that person.\nperson is hospitalized as a result of an incident,\n03. Who must be notified when an incident occurs? How long does\na person have to provide notice of an incident?\nA3. At the earliest practical moment, incidents requiring\nappropriate organization specified in § 171.15.\nimmediate notification must be reported, by phone, to the\naddition, any person required to report under § 171.16 must\nIn\nManager, DHM-63, Research and Special Programs\nprovide written notification to the Information Systems\nAdministration (RSPA) within 30 days of the discovery of the\nincident.\n141,15,171.16\n040049\n\n<<<PAGE 2>>>\n\nQ4. How does a person obtain a copy of a Hazardous Material\nReport Form (F 5800.1) that has been filed with the RSPA?\nA4.\nwith §§ 171.15 and 171.16 is available at the following Web\nIncident Report Form 5800.1 data submitted in accordance\nsite:\nhttp://hazmat.dot.gov/files/hazmat/hmisframe.htm\nHazardous Materials Information Systems by phone at\nIn addition, 5800.1 data may be obtained from the Office of\n(202) 366-4555 or by e-mail at hmis@rspa.dot.gov.\n05.\nreporting requirements?\nWhat are the penalties for violations of the incident\nA5.\nThe Office of Hazardous Materials Safety sets forth its\nguidelines for making baseline assessments for violations of\nAppendix A to Subpart D of Part 107 (Guidelines for Civil\nthe HMR, including incident reporting requirements, in\nI hope this satisfies your request.\nSincerely,\n•office of Hazardous Materials Standards\nStandards Development\n\n<<<PAGE 3>>>\n\nBAH\n$171.15\n§171.16\nFebruary 23, 2004\nHm\nIncident Report\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n04-0049\nU.S. DOT/RSPA (DHM-10)\n400 7th Street S.W.\nWashington, D.C. 20590-0001\nRe: Hazardous Material Spill\nS. Wolf\n260 Convent Avenue (apt. 41)\nNew York, NY 10031\nI would like to have the following questions responded to:\n1. A hazardous spill must be reported to Agency? The incident was on land and not sea?\nmaterial..\n2. If a person was INJURED, from the spillage, they were not employed by the Company transporting the hazardous\nHow long does the Company or Individual have to report the incident; and WHERE DO THEY REPORT THIS\nINCIDENT?\n3. How would one obtain the report?\n4. ARE THERE FINES IF THEY HAVE NOT BEEN REPORTED WITHIN A CERTAIN TIME FRAME?\n5. WHAT ARE THE FINES FOR NON-COMPLIANCE?\nPlease forward to the above address or faster by e-mail ---sheila10011@yahoo.com\nSW\nThank you^\nSikay.\n• 010* *;","truncated":false,"body_characters":3436}