Ms. Sheila Wolf — Hazardous Materials Safety Interpretation

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 2Q4. 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 3BAH $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. • 010* *;#