{"operation":"document","citation":"10-0232","title":"URS Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-12-15","effective_on":null,"summary":"10-0232 response to URS Corporation concerning 171.15, 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0232.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0232.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0232","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100232.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave. SE\nWashington, D.C. 20590\nDEC 1 5 2010\nMs. Erin Jarman\nEnvironmental Scientist\nURS Corporation\n1600 Perimeter Park Drive, Suite 400\nMorrisville, NC 27560\nRef. No. 10-0234\nDear Ms. Jarman:\nThis responds to your May 5, 2010 request for clarification ofthe Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you request clarification regarding the incident\nreporting requirements in §§ 171.15 and 171.16. Your questions are paraphrased and answered as\nfollows:\nQ1. If a person knows that an incident occurred while another party was in physical possession of a\nhazardous materials shipment, is that person required to investigate whether an incident report was\nfiled by the party that was in possession ofthe material?\nAI. The answer is no. As required in §§ 171.15 and 171.16, it is the responsibility of the person in\nphysical possession ofthe hazardous material to provide notice of an incident. There is no\nrequirement of a third party to ensure that the person in possession of the hazardous material provides\nnotice of an incident.\nQ2. If a shipper offers a shipment ofhazardous materials to a carrier and that shipment is involved in\nan incident while in the carrier's possession, is the shipper required to follow-up with the DOT to\nensure that the carrier properly reported the incident?\nA2. The answer is no. It is not the responsibility ofthe offeror or shipper ofthe hazardous material\ninvolved in an incident to follow-up with the DOT to ensure that the incident is properly reported by\nthe carrier in physical possession ofthe hazardous material.\nI hope this answers your inquiry. If you need additional assistance, please contact this Office at 202366-8553.\nSincerely,\n~S~\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nMay 5, 2010\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mazzullo:\nI am writing to you with regards to the requirement for incident reporting found in\nthe Hazardous Materials Regulations at 49 CFR §171.15 and §171.16. Per the\napplicability in 49 CFR § 171.15(a) and § 17 1. 16(a), \"each person in physical\npossession of the hazardous material\" at the time an incident occurs must report that\nincident to the U.S. DOT and in some cases also to the National Response Center.\nMy questions are as follows:\n1) If a person has knowledge that an incident occurred while another party was in\nphysical possession of a hazardous materials shipment, is that person required to\ninvestigate whether an incident report was filed by the party that was in possession\nof the material?\n2) If a shipper offers a shipment of hazardous materials to a carrier and that\nshipment is involved in an incident while in the carrier's possession, is the shipper\nrequired to conduct any sort of follow-up with DOT to ensure that the carrier\nproperly reported the incident?\nThank you in advance for your assistance. I look forward to your response.\nSincerely,\nErin N. Jarman\nEnvironmental Scientist\nURS Corporation\n1600 Perimeter Park Drive, Suite 400\nMorrisville, NC 27560\nTel: 919-461-1478\nErin_Jarman@urscorp.com","truncated":false,"body_characters":3353}