[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR171.16]

[Page 106-107]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of Contents
 
Sec.  171.16  Detailed hazardous materials incident reports.

    (a) Each carrier who transports hazardous materials shall report in 
writing, in duplicate, on DOT Form F 5800.1 (Rev. 6/89) to the 
Department within 30 days of the date of discovery, each incident that 
occurs during the course of transportation (including loading, 
unloading, and temporary storage) in which any of the circumstances set 
forth in Sec.  171.15(a) occurs or there has been an unintentional 
release of hazardous materials from a package (including a tank) or any 
quantity of hazardous waste has been discharged during transportation. 
If a report pertains to a hazardous waste discharge:
    (1) A copy of the hazardous waste manifest for the waste must be 
attached to the report; and
    (2) An estimate of the quantity of the waste removed from the scene, 
the name and address of the facility to which it was taken, and the 
manner of disposition of any removed waste must be entered in Section IX 
of the report form (Form F 5800.1) (Rev. 6/89).
    (b) Each carrier making a report under this section shall send the 
report to the Information Systems Manager, DHM-63, Research and Special 
Programs Administration, Department of Transportation, Washington, DC 
20590-0001; and, for incidents involving transportation by aircraft, a 
copy of the report shall also be sent to the FAA Civil Aviation Security 
Office nearest the location of the incident. A copy of the report shall 
be retained for a period of two years, at the carrier's principal place 
of business, or at other places as authorized and approved in writing by

[[Page 107]]

an agency of the Department of Transportation.
    (c) Except as provided in paragraph (d) of this section, the 
requirements of paragraph (a) of this section do not apply to incidents 
involving the unintentional release of a hazardous material--
    (1) Transported under one of the following proper shipping names:
    (i) Consumer commodity.
    (ii) Battery, electric storage, wet, filled with acid or alkali.
    (iii) Paint and paint related material when shipped in a packaging 
of five gallons or less.
    (2) Prepared and transported as a limited quantity shipment in 
accordance with this subchapter.
    (d) The exceptions to incident reporting provided in paragraph (c) 
of this section do not apply to:
    (1) Incidents required to be reported under Sec.  171.15(a);
    (2) Incidents involving transportation aboard aircraft;
    (3) Except for consumer commodities, materials in Packing Group I; 
or
    (4) Incidents involving the transportation of hazardous waste.

    Note: A guideline document for assisting in the completion of DOT 
Form F 5800.1 (Rev. 6/89) may be obtained from the Office of Hazardous 
Materials Transportation, DHM-51, U.S. Department of Transportation, 
Washington, DC 20590-0001.

[Amdt. 171-7, 35 FR 16837, Oct. 3, 1970, as amended by Amdt. 171-56, 45 
FR 73683, Nov. 6, 1980; Amdt. No. 171-65, 47 FR 24584, June 7, 1982; 
Amdt. 171-72, 48 FR 17095, Apr. 21, 1983; Amdt. 171-101, 54 FR 25813, 
June 19, 1989; Amdt. 171-109, 55 FR 39978, Oct. 1, 1990; Amdt. 171-140, 
61 FR 18932, Apr. 29, 1996; Amdt. 171-145, 61 FR 27172, May 30, 1996]