{"operation":"document","citation":"04-0275","title":"Ms. Amy Dean — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-02-11","effective_on":null,"summary":"04-0275 concerning 171.15, 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0275.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0275.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0275","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040275.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nFEB 11 2005\nMs. Amy Dean\nReference No. 04-0275\n1161 Alter Way\nBroomfield, CO 80020\nDear Ms. Dean:\nThis is in response to your December 3, 2004 letter asking who is responsible for\nreporting a hazardous materials release before and after January 1, 2005, under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if\na farmer or your company is responsible for reporting a hazardous materials release to\nthis agency when a farmer leases a tank wagon loaded with \"Ammonia, anhydrous, 2.2,\nUN 1005\" from your company, tows it away from your facility attached to the back of his\nammonia.\ntruck, and has a traffic accident on a highway that causes the release of the anhydrous\nIn the scenario you describe, the farmer is responsible for reporting the incident. The\nHMR's incident reporting requirements in §§ 171.15 and 171.16, and the incident\nreporting form were revised in two rulemakings issued under Docket No. RSPA-99-5013\n(HM-229; 69 FR 30114, 5/26/04, and 68 FR 67746, 12/3/03) that went into effect on\nJanuary 1, 2005. Before this date, the carrier, which in this instance is the farmer,\ntransporting the material was responsible for filling out and filing the Hazardous\nthe person or entity in physical control of the hazardous material when it is released is\nMaterials Incident Report, Form DOT F 5800.1, with this agency. After January 1, 2005,\nresponsible for filling out and filing the form. In your scenario, the person in physical\ncontrol of the material is the farmer.\nI hope this information is helpful.\nSincerely,\nFor Maly\nHattie L. Mitchelf\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n171.15\n171.14\n040275\n\n<<<PAGE 2>>>\n\nEdmonson\nDecember 3, 2004\n$/11•15\nincident Repor\n9/1.\nBy fax 202-366-3012\n04-0275\nMr. Edward Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/RSPA (DHM-10)\n400 7 Street, S.W.\nWashington, DC 20590-0001\nRe: Leiter of Interpretation (HM-229)\nDear Mr. Mazzullo:\nI have contacted the hazardous material information center and have not been able to get\nclarification on which party is responsible for spill reporting in the following scenario:\nA company sells anhydrous animonia to a farmer and leases a tank wagon to the farmer\nto haul the product. The farmer will return the tank wagon to the company after\napplication of the anhydrous ammonia. The farmer leaves the company premises driving\nhis truck pulling the tank wagon with the anhydrous ammonia and wrecks the tank wagon\non the highway spilling the product, who is responsible for reporting the spill, the\ncompany or the farmer? In addition, will the party responsible for reporting the spill be\nthe same before and after January 1, 2005?\nPlease provide me with a letter of interpretation using the address below. Thank you.\nSincerely,\nAmy Dean\n1161 Alter Way\nBroomfield, CO 80020","truncated":false,"body_characters":2990}