[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR171.16]

[Page 112-113]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 
                      DEPARTMENT OF TRANSPORTATION
 
PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of 
Contents
 
     Subpart B_Incident Reporting, Notification, BOE Approvals and 
                              Authorization
 
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.

[[Page 113]]

    (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.)

[68 FR 67759, Dec. 3, 2003; 69 FR 30119, May 26, 2004, as amended at 70 
FR 56091, Sept. 23, 2005]