On November 21, 2012, the Department of Transportation's Pipeline and Hazardous Materials Safety Administration ("PHMSA") issued a notice seeking comments to improve its collection, analysis, reporting and use of data related to accidents and incidents involving the transportation of hazardous substances. Under existing hazardous materials regulations, any person (i) in physical possession of a hazardous material (ii) at the time that an incident occurs (i.e., release or discovery of undeclared shipment) (iii) during transportation, is required to submit a written incident report as further described in 40 CFR 171.16. Currently, with limited exceptions, shippers and consignees are exempt from this reporting obligation. The PHMSA is seeking comments on whether this reporting obligation should be expanded to include shippers and consignees of hazardous materials. Comments must be submitted by December 28, 2012. For further information, please click here.