[Code of Federal Regulations] [Title 49, Volume 2] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR171.16] [Page 114-116] 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 [[Page 115]] 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 Regional or Field 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 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; 68 FR 57632, Oct. 6, 2003] Effective Date Note: At 68 FR 67758, Dec. 3, 2003, Sec. 171.16 was revised, effective July 1, 2004, At 69 FR 30119, May 26, 2004, paragraph (b)(1) was corrected and the effective date was delayed until Jan. 1, 2005. For the convenience of the user the revised text follows: Sec. 171.16 Detailed hazardous materials incident reports. (a) General. Each person in physical possession of a hazardous material at the time that any of the following incidents occurs during transportation (including loading, unloading, and temporary storage) must submit a Hazardous Materials Incident Report on DOT Form F 5800.1 (01/2004) within 30 days of discovery of the incident: (1) Any of the circumstances set forth in Sec. 171.15(b); (2) An unintentional release of a hazardous material or the discharge of any quantity of hazardous waste; (3) A specification cargo tank with a capacity of 1,000 gallons or greater containing any hazardous material suffers structural damage to the lading retention system or damage that requires repair to a system intended to protect the lading retention system, even if there is no release of hazardous material; or (4) An undeclared hazardous material is discovered. (b) Providing and retaining copies of the report. Each person reporting under this section must-- (1) Submit a written Hazardous Materials Incident Report to the Information Systems Manager, DHM-63, Research and Special Programs Administration, Department of Transportation, Washington, DC 20590-0001, or an [[Page 116]] electronic Hazardous Material Incident Report to the Information System Manager, DHM-63, Research and Special Programs Administration, Department of Transportation, Washington, DC 20590-0001 at http:// hazmat.dot.gov; (2) For an incident involving transportation by aircraft, submit a written or electronic copy of the Hazardous Materials Incident Report to the FAA Security Field Office nearest the location of the incident; and (3) Retain a written or electronic copy of the Hazardous Materials Incident Report for a period of two years at the reporting person's principal place of business. If the written or electronic Hazardous Materials Incident Report is maintained at other than the reporting person's principal place of business, the report must be made available at the reporting person's principal place of business within 24 hours of a request for the report by an authorized representative or special agent of the Department of Transportation. (c) Updating the incident report. A Hazardous Materials Incident Report must be updated within one year of the date of occurrence of the incident whenever: (1) A death results from injury caused by a hazardous material; (2) There was a misidentification of the hazardous material or package information on a prior incident report; (3) Damage, loss or related cost that was not known when the initial incident report was filed becomes known; or (4) Damage, loss, or related cost changes by $25,000 or more, or 10% of the prior total estimate, whichever is greater. (d) Exceptions. Unless a telephone report is required under the provisions of Sec. 171.15 of this part, the requirements of paragraphs (a), (b), and (c) of this section do not apply to the following incidents: (1) A release of a minimal amount of material from-- (i) A vent, for materials for which venting is authorized; (ii) The routine operation of a seal, pump, compressor, or valve; or (iii) Connection or disconnection of loading or unloading lines, provided that the release does not result in property damage. (2) An unintentional release of hazardous material when: (i) The material is properly classed as-- (A) ORM-D; or (B) a Packing Group III material in Class or Division 3, 4, 5, 6.1, 8, or 9; (ii) Each package has a capacity of less than 20 liters (5.2 gallons) for liquids or less than 30 kg (66 pounds) for solids; (iii) The total aggregate release is less than 20 liters (5.2 gallons) for liquids or less than 30 kg (66 pounds) for solids; and (iv) The material is not-- (A) Offered for transportation or transported by aircraft, (B) A hazardous waste, or (C) An undeclared hazardous material. (3) An undeclared hazardous material discovered in an air passenger's checked or carry-on baggage during the airport screening process. (For discrepancy reporting by carriers, see Sec. 175.31 of this subchapter.)