{"operation":"document","citation":"07-0096","title":"Emergency Response and Training Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-06-20","effective_on":null,"summary":"07-0096 response to Emergency Response and Training Solutions concerning 171.15, 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0096.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0096.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0096","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070096.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington. DC 20590\n1200 New Jersey Ave.. S.E.\nPipeline and Hazardous\nMaterials Safety\nAdministratior\nJUN 2 0 2007\nMr. George Sabo\nEmergency Response and Training Solutions\nSenior Emergency Response Manager\nRef. No. 07-0096\n3401 Chagrin Rd., Suite 15E\nChagrin Falls. OH 44023\nDear Mr. Sabo:\nThis is in response to your electronic transmission requesting clarification of the incident\nreporting requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts\nthe place of providing notice by telephone.\nfunctions is legally responsible under the HMR for their proper performance. As such,\nAny person who performs or is contractually responsible to perform any of the HMR\nyour company may pertorm the incident reporting requirements in $§ 171.15 and 171.16\non behalf of the person in physical possession of a hazardous material.\nWith respect to electronic reporting, it is not an option for the § 171.15 immediate notice\nof incident reporting requirements; a report by telephone is required. However, a\nprovided by § 171.16(b)(1), an electronic report on DOT Form F5800 may be submitted it\nlieu of a written report sent by mail for the detailed incident report.\nI hope this information is helpful. Please contact this office if you have additional\nquestions.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n171.15\n171.16 16))\n070096\n\n<<<PAGE 2>>>\n\nMCIntyre\nPage 1 of l\n§171.15\nINFOCNTR <PHMSA>\n$171.16\nFrom: George Sabo [gsabo@ertsonline.com]\nIncidents Reports\nSent: Thursday, May 10, 2007 2:45 PM\n07-0096\nTo:\nINFOCNTR <PHMSA>\nSubject: Request for interpretation\nDear Sirs,\nMy company Emergency Response and Training Solutions (ERTS) is an environmental consulting firm for the\ntrucking industry. We have been following the same procedure for required reporting of hazardous material\nrights and procedures as currently being employed. I would appreciate clarification and interpretation of a few\nincidents to the National Response Center for many years and recently have been questioned about or regulatory\npoints of the regulations:\n1) 171.15 states that each person in physical position of the hazardous material must provide\na violation of the regulations? We do have contacts in place with each client giving us the authority to\nWe do all the reporting on behalf of the responsible party and indicate so when reporting is made. Is this\ncomplete all required reporting as necessary.\n171.5 also state that notice is to be made to the NRC by telephone.\nSince mid 2006 the NRC has offered electronic reporting via their website with either confirmation via e-\nhazardous material at time of release\n3) 171.16 repeats the same stipulation for telephonic reporting by person in physical control of\nelectronically.\nAgain we complete all required reporting on behalf of the responsible party and some reports are made\npro-active approach to reporting but did indicate that some interpretation of the regulation is required.\nThe NRC website and the instructions for electronic reporting do not state that electronic reporting for certain\nincidents may not meet the required reporting requirements.\nThank you for your assistance in this matter.\nIf additional information is required I can be reached at the numbers below or via e-mail.\nGeorge Sabo\nSenior Emergency Response Manager\n8401 ChaGRiN Ad\nOffice (440) 543-2400 x309\nEmergency Response and Training Solutions\nSuite 15 B\nCell (216) 287-3685\nFax (440) 543-2444\nCht Falls, on\n44023\n5/10/2007","truncated":false,"body_characters":3559}