{"operation":"document","citation":"07-0131","title":"National Tank Truck Carriers, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-07-24","effective_on":null,"summary":"07-0131 response to National Tank Truck Carriers, Inc. concerning 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0131.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0131.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0131","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070131.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nAdministration\nJUL 24 2007\nMr. Thomas P. Lynch\nNational Tank Truck Carriers, Inc.\nRef. No. 07-0131\n2200 Mill Road\nAlexandria, VA 22314\nDear Mr. Lynch:\nThis is in response to your June 28, 2007 letter requesting clarification of the hazardous\nmaterials incident reporting requirements under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you request clarification concerning\nincidents that are excepted from reporting requirements under § 171.16(d).\nThere are three separate exceptions from the incident reporting requirements. As\nspecified in § 171.16(d), unless a telephone report is required under § 171.15, the incident\nreporting requirements do not apply to any of the following:\n1) A release of a minimal amount of hazardous material from a vent, for materials for\nwhich venting is authorized; the routine operation of a seal, pump, compressor, or valve;\nor connection or disconnection of loading or unloading lines, provided that the release\ndoes not result in property damage (See § 171.16(d)(1)).\n2) An unintentional release of hazardous material when the material is properly classed\nas ORM-D or as a Packing Group III material in Class or Division 3, 4, 5, 6.1, 8, or 9;\nkg (66 pounds) for solids; the total aggregate release is less than 20 liters (5.2 gallons) for\neach package has a capacity of less than 20 liters (5.2 gallons) for liquids or less than 30\nliquids or less than 30 kg (66 pounds) for solids; and the material is not offered for\nmaterial (See $ 171.16(d)(2)).\ntransportation or transported by aircraft, a hazardous waste, or an undeclared hazardous\n3) An undeclared hazardous material discovered in an air passenger's checked or carry-\non baggage during the airport screening process (See § 171.16(d)(3)).\nThe text for exceptions from reporting in the current Guide for Preparing Hazardous\nMaterials Incidents Report (PHH50-0038-0604) may be misleading. We will address\n171.16 (d)\n070131\n\n<<<PAGE 2>>>\n\nconfusion presented by the guidance by clarifying the language in the guide to indicate\nthe three options that are available.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDer Kinderen\n5171-16 (d\nIncidents Reports Exceptions\n07-0131\nNTTC\nNATIONAL TANK TRUCK CARRERS\nJune 28. 2007\nMr. John Gale\nPipelines and Hazardous Materials Administration\nU.S. Department of Transportation\n1200 New Jersey Ave. SE\nWashington, DC 20590\nRE: 49 CFR 171.16(d) Exceptions to Hazmat Spill Reporting Requirements\nDear Mr. Gale:\nConfusion regarding the Sec. 171.16(d) exceptions criteria from the hazmat spill reporting\nrequirements exists. This confusion arises out of an apparent discrepancy between the actual\nlanguage of the regulation and guidance language that PHMSA has provided. The regulatior\nseems to indicate that an exception is triggered when any one individual stipulated condition i\nmet; however, rulemaking preamble language and a PHMSA guidance document seem to\nsuggest that an entire series of conditions must be met for the exception to apply.\nThe use of the plural word incidents in Sec. 171.16(d) would seem to suggest that none of the\ndifferent possible incidents noted under Sec. 171.16 (d)(1). (d)(2) or (d)(3) requires reporting.\nSec. 171.16(d) states:\nprovisions of Sec.\nd) Exceptions. Unless a telephone report is required under the\n(a), (b), and (c) of this section do not apply to the following\n171.15 of this part, the requirements of paragraphs\nincidents (emphasis added):\n(1) A release of a minimall\n(i) A vent, for materials for which venting is authorized;\namount of material from--\nor\n(ii) The routine operation of a seal, pump, compressor, or valve;\nprovided that the release does not result ir property damage.\n(iii) Connection cr disconnection of loading or unloading lines,\n(2) An unintentional release of hazardous material when:\n(i; The material is properly classed as--\n(A) ORM-D; or\n8, o= 9;\n(B) a Packing Group III material in Class or Division 3, 4, 5, 6.1,\ngallons! for liquids or less than 30 kg (66 pounds) for solids; and\n(iv! The material is not--\n(A) Offered for transportation or transported by aircraft,\n\n<<<PAGE 4>>>\n\n(B) A hazardous waste, or\n(3) An undeclared razardous material discovered in an air\n(C) An undeclared hazardous material.\nprocess. (For discrepancy reporting by carriers, see Sec.\npassenger's checked or carry-on baggage during the airport screening\nthis subchapter.)\n175.31 of\nHowever, in the preamble to the rulemaking that established the current Sec.171.16(d) (See 68\nFederal Register 67745, 67751 (December 3, 2003)), PHMSA offers guidance on when\nreporting is not required by saying:\nAs proposed in the NPRM, an incident (emphasis added) meeting all (emphasis added)\nof the following criteria would not be required to be reported:\n(1) The shipment has not been offered for transportatior or\n(2) None of the criteria in Sec. 171.15 (a) apply;\n(4) The material is properly classed as--\n(3) The material is not a hazardous waste;\n6.1, 8,\nor 9; i\n(ii) A Packing Group III material in Class or Division 3, 4, 5,\ngallons) for liquids or less than\nEach package has a capacity\n30 kg (66 pounds) for solids;\nof less than 20 liters (5.2\n(6) The total aggregate release is less than 20 liters (5.2\ngallons) for liquids or less than 30 kgs\nThe material does not meet\nthe definition of an undeclared\n(66 pounds) for solids; and\nhazardous material\nIn this instance, the singular number of incident, combined with the modifier all for the provided\nhat in as idell am the use of the cor ouchen avid at thierid of subpar graph as anem to sugges\nriteria as well\nIn addition, a January 2004 PHMSA Guidance Document, Guide for Preparing Hazardous\nMaterials Incident Reports, repeats the Preamble language and appears to indicate that each one\nof the listed criteria must be present for the exception to apply.\nStandards of regulatory construction would lead the reader to rely on the regulatory language and\nnot to depend on the guidance language.\nstandard both ways. especially because of the January 2004 Guidance Document.\nHowever, industry personnel are interpreting the\nFor this reason. NTTC urges PHMSA to issue an interpretation that will eliminate confusion. If\nsearch of PHMSA interpretations did not resolve the matter, and we aver that confusion still\nPHMSA has previously addressed this discrepancy, we apologize for revisiting it. An online\nexists in industry. Your guidance in this matter is greatly appreciated.\nSincerely,\n/sl\nVice President and General Counsel\nThomas P. Lynch\n2","truncated":false,"body_characters":6736}