{"operation":"document","citation":"05-0148","title":"PGM Global Logistices — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-08-05","effective_on":null,"summary":"05-0148 response to PGM Global Logistices concerning 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0148.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0148.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0148","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050148.pdf","body":"<<>>\n\nU.S. Department\n400 Seventh Street, S.W.\nof Transportation\nWashington, D.C. 20590\nPipeline and\nAUG - 5 2005\nAdministration\nHazardous Materials Savery\nMs. Debbie Hape\nReference No.: 05-0148\nTransportation Compliance Specialist\nPGM Global Logistices\nPfizer Inc.\n1855 Shelby Oaks Drive North\nMemphis, TN 38134\nDear Ms. Hape:\nThis is in response to your June 21, 2005 letter requesting clarification of the Hazardous\nMaterials Incident Reporting requirements, effective January 1, 2005, under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask\nwhether a consignee is required to file a Hazardous Materials Incident Report (DOT\nForm F5800.1) if, during a loading/unloading operation, the consignee discovers an\nundeclared shipment of hazardous material, or a shipment of hazardous material that is\ndamaged or leaking.\nAs specified in § 171.16, each person in physical possession of a hazardous material\nwhile it is being transported must submit a Hazardous Materials Incident Report on DOT\nForm F5800.1 within 30 days of discovery of an incident when any of the following\noccurs: (1) any of the circumstances set forth in § 171.15(b); (2) an unintentional release\ntank with a capacity of 1,000 gallons or greater containing any hazardous material suffers\nof a hazardous material or the discharge of any quantity of hazardous waste; (3) a cargo\nstructural damage to the lading retention system or damage that requires repair to a\nsystem intended to protect the lading retention system, even if there is no release of\nhazardous material; (4) or an undeclared hazardous material is discovered.\nFor purposes of the HMR, transportation in commerce begins when a carrier takes\npossession of a hazardous material for the purpose of transporting it and continues until\nthe package containing the hazardous material arrives at its destination. Therefore, an\nincident that occurs while a shipper is filling a bulk packaging, such as a cargo tank,\ntransport vehicle before the carrier arrives at the facility to pick up the shipment is not\nportable tank, or rail car, or loading packaged or containerized hazardous material onto a\nrequired to be reported because the incident occurs prior to the onset of transportation in\ncommerce. An incident that occurs while the carrier that will be transporting the\nhazardous material is observing or participating in the filling or loading operation must\nbe reported because the carrier is deemed to be in possession of the hazardous material at\nthat point; the incident thus occurs during transportation. For these incidents, the carrier\nmust complete the report.\n171.16\n050148\n\n<<>>\n\nSimilarly, an incident that occurs or is discovered while a consignee is unloading a\nhazardous material from a transport vehicle or emptying a bulk packaging after the\ncarrier has delivered the material is not required to be reported because the incident\noccurs or is discovered after transportation has ended. Thus, the consignee is not\nrequired to report an undeclared shipment or a damaged or leaking shipment that is\ndiscovered after the carrier has delivered the hazardous material. An incident that occurs\nwhile the carrier that delivered the hazardous material is observing or participating in the\nunloading operation must be reported because the carrier is deemed to be in possession of\nthe hazardous material at that point; the incident thus occurs during transportation. For\nthese incidents, the carrier must complete the report.\nI trust this satisfies your inquiry.\nSincerely,\nSusan Gorsky\nFlay\nOffice of Hazardous Materials Standards\nActing Director\n\n<<>>\n\nDGAC Incident Reporting Workshop\nstarter\nPage 1 of 2\nIncident Reports\nDrakeford, Carolyn \n05-0148\nFrom:\nGorsky, Susan < PHMSA>\nSent:\nWednesday, June 22, 2005 7:01 AM\nTo:\nDrakeford, Carolyn \nCc:\nFoster, Glenn \nSent: Tuesday, June 21, 2005 10:58 AM\nSubject: DGAC Incident Reporting Workshop\nSusan,\nyou and the other members of the DOT staff who attended the workshop. Your input was very much appreciated!\nI recently attended the DGAC Incident Reporting Workshop in Washington, D.C. (June 10). I would like to thank\nyour statement that shippers and consignees would not be required to submit HazMat Incident Reports. May I\nAs a representative of the Shipper and Consignee segment of the transportation chain, I was very interested in\nthe Incident Reporting Regulation, but hesitate to do so until I have a hard copy in hand.\nhave written confirmation of this statement for my file? I would like to update my company on this clarification of\nleaking or undeclared would still fall under the carrier's responsibility to file the Incident Report, as the carrier was\nAt the workshop, it was explained that HazMat materials that were discovered by the consignee to be either\nthe entity in possession of the material during actual transportation.\nI remember that one attendee actually had a copy of the DOT Guidance Document for Incident Reporting that\nstated that there are instances in which a consignee or shipper would be required to complete an Incident\nReport. I believe you said that document would be updated to revise that information.\nresponsible for completing an Incident Report for damaged/leaking or undeclared HazMat discovered during\nOn behalf of my company, I would like confirmation that HazMat Shippers and/or Consignees would not be\nloading/unloading operations. It is my understanding that the Shipper/Consignee should report any such\nincidents to the Carrier, who would then be responsible for filing the report with DOT\nThank you.\nDebbie F. Hape, cHMM\nTransportation Compliance Specialist\nPGM Global Logistics\nPfizer Inc\n1855 Shelby Oaks Drive North\n6/22/2005","truncated":false,"body_characters":5980}