[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR171.16]



[Page 113-114]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table 

of Contents

 

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, PHH-63, Pipeline and Hazardous Materials 

Safety Administration, Department of Transportation, Washington, DC 

20590-0001, or an 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



[[Page 114]]



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.)



[68 FR 67759, Dec. 3, 2003; 69 FR 30119, May 26, 2004, as amended at 70 

FR 56091, Sept. 23, 2005]