Guidanceguidance
05-0011
H.B. Fuller Company — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 1Transportatic S. Departme 400 Seventh St., S.W. Washington, D.C. 20590 Administration FEB 28 2005 Mr. Gene Secor Ref. No. 05-0011 31601 Research Park Drive H.B. Fuller Company Madison Heights, MI 48071 Dear Mr. Secor: This is in response to your January 11, 2005, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a person must report an undeclared hazardous material discovered after the material has been delivered to the consignee and the carrier has departed the consignee's facility. In addition, you indicate that the package may or may not be leaking. The answer is no. The requirement to file a Hazardous Materials Incident Report on DOT Form F 5800.1 applies to hazardous materials incidents that occur during transportation (§ 171.16(a)). Therefore, incidents that occur after the hazardous material has been delivered to the consignee and the carrier has departed the premises are not subject to the incident reporting requirements. For incidents that occur during transportation it is the responsibility of the person in physical possession of the leaking or undeclared package to file an incident report. I hope this information is helpful. Sincerely, John A Gale Chief, Standards Development Office of Hazardous Materials Standards 171.16 050011#
Page 2BAH $171.16 Incident Report H.B. Fuller Company 15-00/1 31601 Research Park Drive Madison Heights, MI 48071 January 11, 2005 it': Mr. Edward T. Mazzulio Director, Office of Hazardous Materials Standards U.S. DOT/RSPA (DHM-10) 400 7* Street S.W. Washington, D.C. 20590-0001 Re: Interpretation Question on 49 CFR 171.16 Gentlemen: • 3: Our various facilities receive hazardous materials on a frequent basis; sometimes, we find when opening the package that the contents are undeclared Is there any legal obligation under the HMR to make a report? If we are obligated to report, since the material was shipped by Air but is out of transportation when the package is opened, do any of the exceptions provided at 171.16 apply? If the package was soiled (indicating a potential release) when received, are we required to report if the shipment was made by air? Sincerely, Henslecor Gene Secor EHS/Transportation Specialist File: DOT/Interpretations/171.16#
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