{"operation":"document","citation":"22-0112","title":"Oak Harbor Freight Lines, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-12-15","effective_on":null,"summary":"22-0112 response to Oak Harbor Freight Lines, Inc. concerning 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0112.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0112.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0112","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77066/220112.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 15, 2022\nMr. Jeff McLaughlin\nPacific Northwest Safety Supervisor\nOak Harbor Freight Lines, Inc.\n3720 E. Ohio Match Rd\nHayden, ID 83835\nReference No. 22-0112\nDear Mr. McLaughlin:\nThis letter is in response to your October 24, 2022, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to reporting\nincidents of spills of packing group (PG) I and II hazardous materials. In your email, you state\nthat it is your understanding—as currently worded in § 171.16(d)(2)—the four conditions for\nexception from incident reporting requirements provided for unintentional releases of hazardous\nmaterials are stand-alone conditions. You believe that, for example, a PG II material that is not a\nlimited quantity material according to § 171.16(d)(2)(i) may still be excepted if it meets the\ncondition specified in § 171.16(d)(2)(ii), in that the material is released from a package having a\ncapacity of less than 20 liters. Specifically, you ask whether § 171.16(d)(2) requires reporting of\nPG I and II hazardous materials spills regardless of the amount released.\nYour understanding is incorrect. In order to be excepted from reporting in accordance with\n§ 171.16(d)(2), the four conditions of sub-paragraphs (i) through (iv) must all be met. These\nconditions are conjunctive, indicated by “; and” following § 171.16(d)(2)(iii), meaning all four\nconditions in § 171.16(d)(2) must be met.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nCasey\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nSubject: FW: 171.16\nDate: Wednesday, October 26, 2022 1:32:22 PM\n22-0112\nHi Alice,\nPlease see the below interpretation request.\nLet me know if you need anything.\nRegards,\n-Breanna\nFrom: Jeff McLaughlin <Jeff.McLaughlin@oakh.com>\nSent: Monday, October 24, 2022 4:59 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nCc: Jeff McLaughlin <Jeff.McLaughlin@oakh.com>\nSubject: 171.16\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nGood morning,\nWe would request an interpretation of 171.16 concerning hazardous material spill reporting.\nDuring a recent FMCSA audit we were informed that all PG I and II material spills must be reported\nas per 171.16(d)(2) regardless of amount. After researching the CFR, we interpret the regulation\ndifferently than the FMCSA and would request guidance. The CFR lacks the word “and” which leads\nus to believe that 171.16 (d)(2)(i), (ii), (iii) and (iv) are stand alone requirements for reporting. For\nexample, a Packing Group II material that does not meet the exemption of 171.16 (d)(2)(i) due to not\nbeing a LTD QTY or PG III material may still be excepted from reporting under171.16 (d)(2)(ii)\nbecause the package was less then 20 liters.\nThe FMCSA has offered guidance to reporting which includes the word “and” making all 171.16 (d)\n(2) entries inclusive, but we do not feel that the law supports it. Interpretation #07-0131 also\n“lumps” all of the criteria together which is not how the CFR is written. There are multiple CFR\nentries worded in a similar manner that are not interpreted as inclusive unless the word “and” is\nincluded at the end of each entry. 172.200(b)(3) and (4) do not require that a product be a LTD QTY\nand a Category B substance to be excepted. 17.504(f)(1) through (11) also does not require that a\ncommodity meet all 11 exceptions to be excepted from certain placarding requirements.\n\n<<<PAGE 3>>>\n\nAny guidance on this matter would be greatly appreciated.\nThank you,\nJeff\nJeff McLaughlin\nPacific Northwest Safety Supervisor\nJeff.McLaughlin@oakh.com\nPhone 509-228-8397/Fax 509-535-0435/Cell 406-899-3085\nOak Harbor Freight Lines, Inc.\n\"Bringing Peace of Mind Since 1916\"","truncated":false,"body_characters":4122}