{"operation":"document","citation":"14-0056","title":"Responsible Care Coordinator — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-08-08","effective_on":null,"summary":"14-0056 response to Responsible Care Coordinator concerning 171.15, 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0056.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0056.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0056","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/140056.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nAUG 0 8 2014\nNathan Walden, CHMM\nVice President, Operations\nResponsible Care Coordinator\n6001 Cochran Road, Suite 300\nSolon, OH 44139\nReference No: 14-0056\nDear Mr. Walden:\nThis is in response to your March 20, 2014 e-mail concerning hazardous materials incident\nreporting under §§ 171.15 and 171.16 of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). Specifically, you provided several examples in your letter and asked\nhow the incident reporting requirements would apply in each instance. We have paraphrased\nyour questions and answered them in the order you provided.\nQ1.\nSection 171.15(b)(1)(iv) requires that \"as a direct result of a hazardous material-a\nmajor transportation artery or facility is closed or shut down for one hour or more,\"\neach person in possession of the hazardous material must provide notice by telephone\nto the National Response Center (NRC) or online at http://www.nrc.uscg.mil\" as\nsoon as practical but no later than 12 hours after the occurrence. Does that mean any\nhazardous material incident involving a road closure must be reported in this manner?\nA1. If as a direct result of a hazardous material, regardless of whether a hazardous\nmaterial is actually released, a major transportation artery or facility is closed for one\nhour or more, the answer is yes the incident must be reported in conformance with\n§ 171.15. An incident reporting form must also be submitted to the Department of\nTransportation (DOT) within 30 days of the incident in conformance with § 171.16.\nQ2.\nIf a carrier transports a load of cargo that includes DOT hazardous materials and is\ninvolved in a motor vehicle accident that results in a road closure, must the NRC be\nnotified immediately about the accident by telephone in conformance with\n§ 171.15(b)(1)? In my first example, a DOT specification 407 cargo tank that\ncontains hazardous material is involved in a rollover incident alongside a highway in\nwhich no hazardous materials are released but it was reported that the road was\nclosed for 3 hours as a result of the incident. In my second example, a placarded\ntractor trailer that contains hazardous materials is parked at a travel center when the\ntruck's engine catches fire. When the fire department arrives, it closes the\n\n<<<PAGE 2>>>\n\nsurrounding roads for the next 2 ½ hours as it responds to the incident. I understand\nno hazardous materials were released during this incident.\nA2.\nThe answer for both scenarios is the same as in Answer A1. The fact that the first\nincident involved a DOT specification cargo tank packaging or that the second\ninvolved a transportation facility, and that no hazardous materials were released\nduring either incident do not alter how to comply with this requirement. If the\nhighway where the cargo rollover occurred, the transportation facility where the truck\ncaught fire, or any of the roads that were closed alongside the transportation facility is\na major transportation artery, these incidents must be reported in conformance with\n§ 171.15(b)(1). If none of these roads is a major transportation artery, then those\nincidents are not required to be reported in conformance with § 171.15(b)(1), but\nmust be reported in conformance with § 171.16 within 30 days of their occurrence.\nQ3.\nWould immediate notification be required under § 171.15 if a DOT specification 412\ncargo tank carrying a Class 8 (corrosive) material is involved in a rollover accident in\nwhich no hazardous material is released? The roadway was closed for 2 hours during\nwhich the cargo tank's load was transferred to another authorized packaging and the\ncargo tank was righted.\nA3.\nSee Answer Al.\nQ4. Does the HMR penalize or are any issues encountered when non-required\ninformation is entered on DOT 5800.1 form?\nA4. Provided the information that is required on DOT 5800.1 form has been submitted\nand in the correct location, the answer is no. We note that Parts VI and VII of the\nDỌT 5800.1 form are provided for the purpose of entering additional information\ninformation on the form that is not relevant to the incident may be confusing and\nrelevant to the incident. However, please be aware that entering additional\nresult in a DOT or NRC employee seeking additional contact with the form's\npreparer for clarification.\nQ5.\nIs the information about the original shipper and/or manufacturer of a hazardous\nmaterial, that is the person/organization listed on the hazard material's material safety\ndata sheet (MSDS), supposed to be entered as the \"Shipper/Offerer\" information in\nthe DOT 5800.1 form (in Item No. 11 of the online form) or is it supposed to be the\ninformation about the last shipper to place that material in transportation? For\nexample, ABC Chemical manufactures, packages, and offers 275 gallon totes of \"UN\n1293, Paint\" to the carrier DEF Transportation whose employees transport it to GHI\nChemical Distribution. GHI Chemical Distribution sells the paint to JKL Painting\nand hires the carrier MNO Transport to transport it to that buyer. En route to the\nbuyer, a tote is punctured that results in a release that is required to be reported under\n§ 171.16. On the DOT 5800.1 form, which company is MNO Transport required to\nlist as the original shipper, \"ABC Chemical\" or \"GHI Chemical Distribution\"?\n2\n\n<<<PAGE 3>>>\n\nA5.\n•Item No. 11 on the DOT 5800.1 form refers to the shipper that offered that specific\nshipment of hazardous material involved in the incident. Therefore, in the example\nyou provided, the shipper that must be entered in Item No. 11 on the incident form is\nGHI Chemical Distribution.\nI hope this satisfies your request.\nSincerely,\nI Alenn Poste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n3\n\n<<<PAGE 4>>>\n\n\n\n<<<PAGE 5>>>\n\nEdmonson\n3171-15\nDrakeford, Carolyn (PHMSA)\n3171.16\nFrom:\nSent:\nINFOCNTR (PHMSA)\nTo:\nThursday, March 20, 2014 2:40 PM\nHM Incident Report\nSubject:\nDrakeford, Carolyn (PHMSA)\nFW: Regulation Interpretations\n14.0056\nImportance:\nHigh\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Nathan Walden [mailto:nwalden@ertsonline.com]\nTo: INFOCNTR (PHMSA)\nSent: Thursday, March 20, 2014 8:55 AM\nCc: Clay Richter; George Sabo\nImportance: High\nSubject: Regulation Interpretations\nTo Whom it May Concern:\nI am looking for additional interpretation regarding 49 CFR 171.15 immediate reporting requirements as well as\ninformation required under 171.16 (DOT5800.1 form)\n49 CFR 171.15\nWhile the regulation indicates that the reporting requirement is that \"as a direct result of a hazardous material\", would\nthat immediately include any incident road closure involving DOT hazardous materials?\nIf a carrier is carrying a load of cargo including DOT hazardous materials, and involved in a motor vehicle accident resulting\nin a road closure would immediate notification to the NRC be required?\nExamples:\n1. Hazardous materials are contained within a DOT 407 cargo tank which is involved in a rollover incident alongside\nthe highway. It has been reported that the road has been closed for 3 hours as a result of the incident. There was\nno release of hazardous material resulting from this incident\nWould immediate notification be required under 171.15?\n2. A tractor/trailer is parked at a travel center when the tractor catches fire resulting from the engine bay. The\ntrailer is placarded and carrying DOT hazardous materials. Once the FD arrives on site, they close the surrounding\nroads down for the next 2.5 hours. The FD puts the fire out and it was found that there was no release of\nhazardous material resulting from this incident\nWould immediate notification be required under 171.15?\n3. A DOT 412 carrying Class 8 Corrosive is involved in a rollover resulting in 2 hour road closure during cargo transfer\nand up righting. No release of material occurred however there is potential of a release during recovery and\ntransfer activities.\n1\n\n<<<PAGE 6>>>\n\nWould immediate notification be required under 171.15?\n49 CFR 171.16\n1. When completing a DOT 5800.1 form, is there any penalty or issues encountered by not entering \"non required\"\ninformation on the DOT 5800.1 form?\n2. When entering information for the \"Shipper/Offeror\" (section 11 in online format), is this supposed to be the\noriginal packaging shipper/manufacturer listed on the MSDS? Or is this supposed to be where the material was\nlast shipped from?\nFor Example:\nABC Chemical manufactures, packages, and ships out 275 gallon totes of UN1293 paint. DEF Transportation (Carrier) ships\nthe material to GHI Chemical Distribution. GHI Chemical Distribution sells the material to JKL Painting and hires MNO\nTransport to ship the material. While MNO Transport is transporting the material from GHI Chemical Distribution, a tote\nis punctured and results in a release reportable under 171.16. On the DOT 5800 form, would we list ABC Chemical\n(original packager/shipper) as the shipper or would we list GHI Chemical Distribution as the shipper in section 11?\nThank you for your time and attention to the above. Your assistance is greatly appreciated.\nNate Walden, CHMM\nVice President Operations\nResponsible Care Coordinator\n6001 Cochran Rd. Suite 300\nSolon, Ohio 44139\nEmergency Number: 800-924-6804\nOffice: 440-349-2700 ext 303\nCell: 440-708-8253\nefax:440-378-4738\nemail: nwalden@ertsonline.com\nPlease visit our new website www.ertsonline.com\n\"Doing good does not excuse us from doing better.\"\n- Howard Buffett\nRESPONSIBLE CARE®\nOUR COMMITMENT TO SUSTAINABILITY\nNOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §$ 2510-2521, is confidential and may contain\nattorney-client materials and/or attorney work product, legally privileged and protected from disclosure. This e-mail is intended only for the addressee named above.\nIf ease repy the sended reat you have relive ye message in error then diete i and any and all copies of it Thank yi communication is stricty prohibited.\n2","truncated":false,"body_characters":10151}