{"operation":"document","citation":"05-0011","title":"H.B. Fuller Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-02-28","effective_on":null,"summary":"05-0011 response to H.B. Fuller Company concerning 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0011","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050011.pdf","body":"<<<PAGE 1>>>\n\nTransportatic\nS. Departme\n400 Seventh St., S.W.\nWashington, D.C. 20590\nAdministration\nFEB 28 2005\nMr. Gene Secor\nRef. No. 05-0011\n31601 Research Park Drive\nH.B. Fuller Company\nMadison Heights, MI 48071\nDear Mr. Secor:\nThis is in response to your January 11, 2005, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask\nwhether a person must report an undeclared hazardous material discovered after the\nmaterial has been delivered to the consignee and the carrier has departed the consignee's\nfacility. In addition, you indicate that the package may or may not be leaking.\nThe answer is no. The requirement to file a Hazardous Materials Incident Report on\nDOT Form F 5800.1 applies to hazardous materials incidents that occur during\ntransportation (§ 171.16(a)). Therefore, incidents that occur after the hazardous material\nhas been delivered to the consignee and the carrier has departed the premises are not\nsubject to the incident reporting requirements. For incidents that occur during\ntransportation it is the responsibility of the person in physical possession of the leaking or\nundeclared package to file an incident report.\nI hope this information is helpful.\nSincerely,\nJohn A Gale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n171.16\n050011\n\n<<<PAGE 2>>>\n\nBAH\n$171.16\nIncident Report\nH.B. Fuller Company\n15-00/1\n31601 Research Park Drive\nMadison Heights, MI 48071\nJanuary 11, 2005\nit':\nMr. Edward T. Mazzulio\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/RSPA (DHM-10)\n400 7* Street S.W.\nWashington, D.C. 20590-0001\nRe: Interpretation Question on 49 CFR 171.16\nGentlemen:\n• 3:\nOur various facilities receive hazardous materials on a frequent basis;\nsometimes, we find when opening the package that the contents are undeclared\nIs there any legal obligation under the HMR to make a report? If we are\nobligated to report, since the material was shipped by Air but is out of\ntransportation when the package is opened, do any of the exceptions provided at\n171.16 apply?\nIf the package was soiled (indicating a potential release) when received, are we\nrequired to report if the shipment was made by air?\nSincerely,\nHenslecor\nGene Secor\nEHS/Transportation Specialist\nFile: DOT/Interpretations/171.16","truncated":false,"body_characters":2318}