[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR171.15]

[Page 102-103]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of Contents
 
Sec. 171.15  Immediate notice of certain hazardous materials incidents.

    (a) At the earliest practicable moment, each carrier who transports 
hazardous materials (including hazardous wastes) shall give notice in 
accordance with paragraph (b) of this section after each incident that 
occurs during the course of transportation (including loading, unloading 
and temporary storage) in which--
    (1) As a direct result of hazardous materials--
    (i) A person is killed; or
    (ii) A person receives injuries requiring his or her 
hospitalization; or
    (iii) Estimated carrier or other property damage exceeds $50,000; or
    (iv) An evacuation of the general public occurs lasting one or more 
hours; or
    (v) One or more major transportation arteries or facilities are 
closed or shut down for one hour or more; or
    (vi) The operational flight pattern or routine of an aircraft is 
altered; or
    (2) Fire, breakage, spillage, or suspected radioactive contamination 
occurs involving shipment of radioactive material; or
    (3) Fire, breakage, spillage, or suspected contamination occurs 
involving shipment of infectious substances (etiologic agents); or
    (4) There has been a release of a marine pollutant in a quantity 
exceeding 450 L (119 gallons) for liquids or 400 kg (882 pounds) for 
solids; or
    (5) A situation exists of such a nature (e.g., a continuing danger 
to life exists at the scene of the incident) that, in the judgment of 
the carrier, it should be reported to the National Response Center even 
though it does not meet

[[Page 103]]

the criteria of paragraph (a) (1), (2) or (3) of this section.
    (b) Except for transportation by aircraft, each notice required by 
paragraph (a) of this section shall be given to the National Response 
Center by telephone (toll-free) on 800-424-8802. Notice involving 
shipments transported by aircraft must be given to the nearest FAA Civil 
Aviation Security Office by telephone at the earliest practical moment 
after each incident in place of the notice to the National Response 
Center. Notice involving etiologic agents may be given to the Director, 
Centers for Disease Control, U.S. Public Health Service, Atlanta, Ga. 
(800) 232-0124, in place of the notice to the National Response Center 
or (toll call) on 202-267-2675. Each notice must include the following 
information:
    (1) Name of reporter.
    (2) Name and address of carrier represented by reporter.
    (3) Phone number where reporter can be contacted.
    (4) Date, time, and location of incident.
    (5) The extent of injuries, if any.
    (6) Classification, name, and quantity of hazardous materials 
involved, if such information is available.
    (7) Type of incident and nature of hazardous material involvement 
and whether a continuing danger to life exists at the scene.
    (c) Each carrier making a report under this section shall also make 
the report required by Sec. 171.16.

    Note: Under 40 CFR 302.6 EPA requires persons in charge of 
facilities (including transport vehicles, vessels and aircraft) to 
report any release of a hazardous substance in a quantity equal to or 
greater than its reportable quantity, as soon as that person has 
knowledge of the release, to the U.S. Coast Guard National Response 
Center at (toll free) 800-424-8802 or (toll) 202-267-2675.

[Amdt. 171-7, 35 FR 16837, Oct. 3, 1970]

    Editorial Note: For Federal Register citations affecting 
Sec. 171.15, see the List of CFR Sections Affected which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 67 FR 53133, Aug. 14, 2002, Sec. 171.15 was 
amended in paragraph (a)(3) by removing the term ``(etiologic agents)'' 
and in paragraph (b) introductory text by removing the term ``etiologic 
agents'' and in its place adding the term ``infectious substances'', and 
by adding the wording ``; however, a written report is still required as 
stated in paragraph (c) of this section'' immediately after the number 
``202-267-2675'', effective Oct. 1, 2002. At 67 FR 54967, Aug. 27, 2002, 
the effective date was corrected to Feb. 14, 2003.