{"operation":"document","citation":"06-0149","title":"Compliant Technologies, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-08-16","effective_on":null,"summary":"06-0149 response to Compliant Technologies, Inc. concerning 171.15.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0149.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0149.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0149","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060149.pdf","body":"<<<PAGE 1>>>\n\nWashington, D.C. 20590\n400 Seventh Street, S.W.\npeline an\nAdministration\nazardous Materials Safe\nAUG 1 6 2006\nMr. David Ellis\nReference No. 06-0149\n8325 Beals Chapel Road\nCompliant Technologies, Inc.\nLenoir City, TN 37772\nDear Mr. Ellis:\nThis is in response to your June 29, 2006 letter asking how soon a motor carrier is required\nto report a release of a hazardous material that meets the definition of both the Division 6.2\n(infectious substance) and Class 7 (radioactive) hazard classes under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). We have paraphrased your\nquestions and answered them below in the order you provided.\nQ1.\nMust a carrier report an incident at the earliest practical moment to the Vational\nResponse Center (or Centers for Disease Control and Prevention for Division 6.2)\nor may the carrier delay the reporting for up to 12 hours while it conducts an\ninvestigation to determine the cause and/or to determine if contamination spread\nfrom the trailer to the roadway where the truck had traveled?\nAl.\nIncidents listed under § 171.15 of the HMR must be reported at the earliest\nsection. Any reporting delay beyond what is necessary to safely secure the incident\npractical moment by elephone to the appropriate organization specified in the\nscene, such as an investigation to determine the cause of the release and its possible\nspread along the highway the truck traveled, is not permitted.\nQ2.\nWe believe the earliest practical moment to report an incident in § 171.15(a) means\njust that and should not be interpreted that one has 12 hours to report the incident\nregardless of the situation. Is our understanding correct?\nA2.\nYes.\nQ3.\nThe provisions in § 171.15 of the HMR indicate contamination, or suspected\nevels peraited is 1734e aor Class 7 (radioactive) katie in fraexceing\n›xceedino tr\nwould warrant a report to the NRC and that it should be reported at the earliest\npractical moment. Is that accurate or does the material actually have to spill on a\npublic road for reporting to be required?\n171.15\n060149\n\n<<<PAGE 2>>>\n\nA3.\nSection 171.15 requires that anytime a fire, breakage, spillage, or suspected\nradioactive contamination occurs involving a radioactive material during the course\nof transportation in commerce, the person or entity in physical control of the\nhazardous material when it is released is responsible for reporting the incident to\nthis agency in the manner described in answer Al.\nI hope this information is helpful.\nSincerely,\nHattie L. Mitchell, Chief\nOffice of Hazardous Materials Standards\nRegulatory Review and Reinvention\n\n<<<PAGE 3>>>\n\nJUL-07-2006 08:43\nLAB WASTE SERUICES\n423 241 2843\nP.02/02\nJune 29, 2006\nEdmonson\nDavid Ellis\nFrom:\n$171.15\n8325 Beals Chapel Road\nCompliant Technologies, Inc.\nNotice of Hazardous\nLenoir City, TN 37772\nMaterials Incidents\nTo:\nWashington, DC\nU.S. Department of Transportation\n06-0149\nRe: Questions on Incident Reporting\nI need clarification on incident reporting regarding Division 6.2 Infectious Substances and Class 7\ncommerce notices that the hazardous material has breached the package (and spilled) while in\nRadioactive Materials. Suppose that a motor carrier transporting such materials (i.e., 6.2 or 7) in\ntransportation. Does the carrier need to report the incident at the earliest practical moment\nto the National Response Center (or CDC for 6.2) or can they delay the reporting for up to\n12 hours while they (i.e., the carrier or it's agents) conduct an investigation to determine the\ncause and/or to determine if contamination spread from the trailer to the roadway where\neven more than 12 hours. It is our opinion that 49 CFR 171.15 would require reporting at the\nthe truck had traveled? Such an investigation could take many hours to complete, possibly\nearliest practical moment and that the 12 hour \"rule\" in the regulations was provided for a\nphone does not exist or lastly where reporting to the National Response Center might take efforts\nsituation such as a remote highway accident, a driver being incapacitated, a location where a\npractical moment means just that and should not be interpreted that one has 12 hours 1o report\naway from the initial emergency response notifications and process. We believe that t're earliest\nregardless of the situation. Is that accurate? I would surmise that the National Response Center\nand even national security in some instances, especially with such dangerous materials. A\n(NRC) would want to know as soon as possible for many different reasons including public safety\nnumber of agencies should have keen interest in such incidents including the Department of\nsuspected) of such materials on the outside of a package (e.g., exceeding levels in 49 CFR\nHomeland Security. Lastly, the roquirements in 49 CFR 171.15 indicate that contamination (or\n173.443 for Class 7) while in transportation would warrant a report to the NRC and that it should\nhave to spill on a public road for reporting to be required? It is our opinion that if the\nbe reported at the earliest practical moment. Is that accurate or does the material actually\npackage is merely breached (e.g., breakage) and/or has suspected (i.e., not confirmed)\nthe material spilled on a public highway. Contamination on the exterior of a package can be a\ncontamination that reporting is required per 49 CFR 171.15 even if it is not yet known whether\nspillage or suspected contamination\" and do not imply that the matcrial has to be spilled on a\nhazard to both transport workers and the general public. The regulations state, \"fire, breakage,\npublic road.\nappropriately advise my clients and others on the proper method to report incidents to the\nIl is imperative that I receive a timely response regarding these questions so that I may\n1o contact me please call (865) 384-3926. Thank you.\nNational Response Center. Please send your roply to the above stated address. Should you need\nSincerely,\n120E0.\nDavid Ellis\n865-384-3926\nCompliant Technologies, Inc.\nTOTAL P.02","truncated":false,"body_characters":5995}