# Ms. Sheila Wolf — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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>>>

•
of Transportation
U.S. Deparment
400 Seventh St., S.W.
Special Programs
Research and
Washington, D.C. 20590
Administration
MAR 2 5 2004
260 Convent Avenue Apt 41
Ms. Sheila Wolf
Ref. No. 04-0049
New York, NY
. 10031-9120
Dear Ms. Wolf:
This is in response to your letter of February 23, 2004,
requesting clarification of the Hazardous Materials Regulations
clarification of the incident reporting requirements in §§ 171.15
(HMR; 49 CFR Parts 171-180). Specifically, you ask for
and 171.16. Your questions are paraphrased and answered as
follows:
Q1. Do the incident reporting requirements apply to all modes of
transportation?
Al.
Yes.
vessel and highway
Sections 171.15 and 171.16 apply to rail, aircraft,
transportation.
02.
Is immediate notification required if a person who is not
hospital as a result of a spill?
employed by the carrier is injured and admitted to a
A2. Yes. Immediate notification under § 171.15 is required if a
regardless who, if anyone, employs that person.
person is hospitalized as a result of an incident,
03. Who must be notified when an incident occurs? How long does
a person have to provide notice of an incident?
A3. At the earliest practical moment, incidents requiring
appropriate organization specified in § 171.15.
immediate notification must be reported, by phone, to the
addition, any person required to report under § 171.16 must
In
Manager, DHM-63, Research and Special Programs
provide written notification to the Information Systems
Administration (RSPA) within 30 days of the discovery of the
incident.
141,15,171.16
040049

<<<PAGE 2>>>

Q4. How does a person obtain a copy of a Hazardous Material
Report Form (F 5800.1) that has been filed with the RSPA?
A4.
with §§ 171.15 and 171.16 is available at the following Web
Incident Report Form 5800.1 data submitted in accordance
site:
http://hazmat.dot.gov/files/hazmat/hmisframe.htm
Hazardous Materials Information Systems by phone at
In addition, 5800.1 data may be obtained from the Office of
(202) 366-4555 or by e-mail at hmis@rspa.dot.gov.
05.
reporting requirements?
What are the penalties for violations of the incident
A5.
The Office of Hazardous Materials Safety sets forth its
guidelines for making baseline assessments for violations of
Appendix A to Subpart D of Part 107 (Guidelines for Civil
the HMR, including incident reporting requirements, in
I hope this satisfies your request.
Sincerely,
•office of Hazardous Materials Standards
Standards Development

<<<PAGE 3>>>

BAH
$171.15
§171.16
February 23, 2004
Hm
Incident Report
Mr. Edward T. Mazzullo
Director, Office of Hazardous Materials Standards
04-0049
U.S. DOT/RSPA (DHM-10)
400 7th Street S.W.
Washington, D.C. 20590-0001
Re: Hazardous Material Spill
S. Wolf
260 Convent Avenue (apt. 41)
New York, NY 10031
I would like to have the following questions responded to:
1. A hazardous spill must be reported to Agency? The incident was on land and not sea?
material..
2. If a person was INJURED, from the spillage, they were not employed by the Company transporting the hazardous
How long does the Company or Individual have to report the incident; and WHERE DO THEY REPORT THIS
INCIDENT?
3. How would one obtain the report?
4. ARE THERE FINES IF THEY HAVE NOT BEEN REPORTED WITHIN A CERTAIN TIME FRAME?
5. WHAT ARE THE FINES FOR NON-COMPLIANCE?
Please forward to the above address or faster by e-mail ---sheila10011@yahoo.com
SW
Thank you^
Sikay.
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