1625-0096 Stat/Authority

§ 171.12a

49 CFR Ch. I (10–1–11 Edition)

of ‘‘DOT’’, a cylinder marked ‘‘CTC’’
which otherwise bears the same markings that would be required of the specified ‘‘DOT’’ cylinder may be used; and
(D) Transport of the cylinder and the
material it contains is in all other respects in conformance with the requirements of this subchapter (e.g.
valve protection, filling requirements,
operational requirements, etc.).
(5) Class 1 (explosive) materials. When
transporting Class 1 (explosive) material, rail and motor carriers must comply with 49 CFR 1572.9 and 1572.11 to the
extent the requirements apply.
(6) Primary lithium batteries and cells.
Packages containing primary lithium
batteries and cells that meet the exception in § 172.102, Special Provision 188
or 189 of this subchapter must be
marked ‘‘PRIMARY LITHIUM BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT’’ or ‘‘LITHIUM METAL BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT.’’ The provisions of this paragraph do not apply to packages that
contain 5 kg (11 pounds) net weight or
less of primary lithium batteries cells
that are contained in or packed with
equipment.
(b) Shipments to or from Mexico. Unless
otherwise excepted, hazardous materials shipments from Mexico to the
United States or from the United
States to Mexico must conform to all
applicable requirements of this subchapter. When a hazardous material
that is a material poisonous by inhalation (see § 171.8) is transported by highway or rail from Mexico to the United
States, or from the United States to
Mexico, the following requirements
apply:
(1) The shipping description must include the words ‘‘Toxic Inhalation Hazard’’ or ‘‘Poison-Inhalation Hazard’’ or
‘‘Inhalation Hazard’’, as required in
§ 172.203(m) of this subchapter.
(2) The material must be packaged in
accordance with requirements of this
subchapter.
(3) The package must be marked in
accordance with § 172.313 of this subchapter.
(4) Except as provided in paragraph
(e)(5) of this section, the package must
be labeled or placarded POISON GAS or

POISON INHALATION HAZARD, as
appropriate, in accordance with subparts E and F of this subchapter.
(5) A label or placard that conforms
to the UN Recommendations (IBR, see
§ 171.7) specifications for a ‘‘Division
2.3’’ or ‘‘Division 6.1’’ label or placard
may be substituted for the POISON
GAS or POISON INHALATION HAZARD label or placard required by
§§ 172.400(a) and 172.504(e) of this subchapter on a package transported in a
closed transport vehicle or freight container. The transport vehicle or freight
container must be marked with identification numbers for the material, regardless of the total quantity contained in the transport vehicle or
freight container, in the manner specified in § 172.313(c) of this subchapter
and placarded as required by subpart F
of this subchapter.
[Amdt. 171–111, 55 FR 52472, Dec. 21, 1990]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 171.12, see the List of CFR
Sections Affected which appears in the Finding Aids section of the printed volume and at
www.fdsys.gov.

§ 171.12a
§ 171.14

[Reserved]
[Reserved]

Subpart B—Incident
Notification, BOE
and Authorization

Reporting,
Approvals

§ 171.15 Immediate notice of certain
hazardous materials incidents.
(a) General. As soon as practical but
no later than 12 hours after the occurrence of any incident described in paragraph (b) of this section, each person in
physical possession of the hazardous
material must provide notice by telephone to the National Response Center
(NRC) on 800–424–8802 (toll free) or 202–
267–2675 (toll call) or online at http://
www.nrc.uscg.mil. Each notice must include the following information:
(1) Name of reporter;
(2) Name and address of person represented by reporter;
(3) Phone number where reporter can
be contacted;
(4) Date, time, and location of incident;
(5) The extent of injury, if any;

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Pipeline and Hazardous Materials Safety Admin., DOT
(6) Class or division, proper shipping
name, and quantity of hazardous materials involved, if such information is
available; and
(7) Type of incident and nature of
hazardous material involvement and
whether a continuing danger to life exists at the scene.
(b) Reportable incident. A telephone
report is required whenever any of the
following occurs during the course of
transportation in commerce (including
loading, unloading, and temporary
storage):
(1) As a direct result of a hazardous
material—
(i) A person is killed;
(ii) A person receives an injury requiring admittance to a hospital;
(iii) The general public is evacuated
for one hour or more;
(iv) A major transportation artery or
facility is closed or shut down for one
hour or more; or
(v) The operational flight pattern or
routine of an aircraft is altered;
(2) Fire, breakage, spillage, or suspected radioactive contamination occurs involving a radioactive material
(see also § 176.48 of this subchapter);
(3) Fire, breakage, spillage, or suspected contamination occurs involving
an infectious substance other than a
regulated medical waste;
(4) A release of a marine pollutant
occurs in a quantity exceeding 450 L
(119 gallons) for a liquid or 400 kg (882
pounds) for a solid;
(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 person in possession of the hazardous material, it
should be reported to the NRC even
though it does not meet the criteria of
paragraphs (b)(1), (2), (3) or (4) of this
section; or
(6) During transportation by aircraft,
a fire, violent rupture, explosion or
dangerous evolution of heat (i.e., an
amount of heat sufficient to be dangerous to packaging or personal safety
to include charring of packaging, melting of packaging, scorching of packaging, or other evidence) occurs as a direct result of a battery or battery-powered device.
(c) Written report. Each person making a report under this section must

§ 171.16

also make the report
§ 171.16 of this subpart.

required

NOTE TO § 171.15: 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
DOT’s National Response Center at (toll
free) 800–424–8802 or (toll) 202–267–2675.
[68 FR 67759, Dec. 3, 2003, as amended at 72
FR 55684, Oct. 1, 2007; 74 FR 2233, Jan. 14, 2009;
74 FR 53186, Oct. 16, 2009; 76 FR 43525, July 20,
2011]

§ 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 § 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;
(4) An undeclared hazardous material
is discovered; or
(5) A fire, violent rupture, explosion
or dangerous evolution of heat (i.e., an
amount of heat sufficient to be dangerous to packaging or personal safety
to include charring of packaging, melting of packaging, scorching of packaging, or other evidence) occurs as a direct result of a battery or battery-powered device.
(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–60, Pipeline and Hazardous Materials Safety

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