Interpretation Response #21-0102

Interpretation Response Details

June 23, 2022

Ms. Doris Soran
George W. Wright & Associates, LLC
505 Main Street, Suite 106
Hackensack, NJ  07601

Reference No. 21-0102

Dear Ms. Soran:

This letter is in response to your November 10, 2021, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of an "undeclared hazardous material." Specifically, you ask whether the requirement in § 171.16(a)(4) to file a Hazardous Materials Incident Report on DOT Form F 5800.1 is triggered when:

(A) a shipping document fails to disclose a hazardous material;
(B) a vehicle, container, or package fails to disclose exterior hazardous communication; or
(C) both conditions of (A) and (B) exist.

As defined in § 171.8 of the HMR, an undeclared hazardous material is a hazardous material that is subject to any hazardous communication requirements and is offered for transportation without any visible indication to the person accepting the hazardous material for transportation that a hazardous material is present. The requirements of § 171.16(a)(4) specifically apply to a discovered undeclared hazardous material and not merely a shipment for which any given required piece of hazard communication is missing.

Please note that while an "undeclared hazardous material" is strictly defined in § 171.8, any omission of required hazard communication is a violation of the HMR, even when § 171.16(a)(4) does not apply.

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster
Chief, Review and Reinvention Branch
Standards and Rulemaking Division

Regulation Sections