{"operation":"document","citation":"16-0153","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":"2016-12-21","effective_on":null,"summary":"16-0153 response to Emergency Response and Training Solutions concerning 171.15, 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0153.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0153.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0153","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160153.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDEC 2 1 2016\nMr. Ed Ballash, CHMP\nVice President of Operations\nEmergency Response and Training Solutions\n6001 Cochran Road, Suite 300\nSolon, OH 44139\nReference No. 16-0153\nDear Mr. Ballash:\nThis letter is in response to your September 20, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to incident reporting\nand road closures. You describe a scenario in which a hazmat incident caused an interstate\nhighway's on-ramp to close while the main lanes remained open. Specifically, you ask if this\nclosed ramp meets the definition of a \"road closure\" subject to the hazmat reporting requirements\nin§ 171.15.\nThe answer is yes. The Interstate System consists of several components that include access\nramps and interchange areas. See 23 U.S.C. § 103(c). The HMR do not define \"road closure.\"\nHowever, it is the opinion of this Office that the ramps and interchange areas that provide access\nto the Interstate System are components of a \"major transportation artery or facility\" as this\nphrase is used under§ 171.15(b)(l)(iv). Therefore, a hazmat incident that closes or shuts down\nan Interstate System ramp or interchange area for one hour or more is a reportable incident\nsubject to the incident reporting requirements prescribed in § 171.15. Section 171.15(a) requires\nthe person in physical possession of a hazardous material at the time an incident occurs in\ntransportation-such as a release of materials, serious accident, evacuation, or closure of a main\nartery-to report the incident to the National Response Center as soon as practical but no later\nthan 12 hours after the occurrence. This person must also complete a Hazardous Materials\nIncident Report, DOT Form F 5800.1, within 30 days of discovery of the incident and submit the\nreport to the Pipeline and Hazardous Materials Safety Administration Information Systems\nManager in conformance with § 17 l .16(b ).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nGoodall, Shante CTR (PHMSA)\nFrom: Twitty, Gail (PHMSA)\nSent:\nTo:\nTuesday, September 20, 2016 2:32 PM\nHazmat Interps\nSubject: FW: Assistance\nFrom: Ed Ballash [mailto:eballash@ertsonline.com]\nSent: Tuesday, September 20, 2016 2:06 PM\nTo: Twitty, Gail (PHMSA)\nSubject: Assistance\nGail,\nWe had a client that was involved in an incident and was curious as to if this met the definition of a road closure. The on\nramp to the south bound lanes to get onto the interstate were closed and traffic was diverted. The interstate was not\nclosed at all. Would this constitute a lane closure and require NRC notification and be indicated on the DOT5800? Just let\nme know.\nRegards,\nEd Ballash, CHMP\nVice President of Operations\nOffice: 440-349-2700 ext 312\nCell: 216-287-3685\nEfax: 440-249-7382\nemail: eballash@ertson line.com\nEmergency Response and Training Solutions\n6001 Cochran Rd. Suite 300\nSolon, Ohio 44139\nPlease visit our new website www.ertsonline.com\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\nabove. If you are not the intended recipient, you are hereby notified that any retention , dissemination, distribution, or copying of this communication is strictly\nprohibited. Please reply to the sender that you have received the message in error, then delete it and any and all copies of it. Thank you.\n1","truncated":false,"body_characters":3869}