Interpretation Response #04-0138 ([BAUER MOYNIHAN & JOHNSON, LLP] [Mr. Michael S. Budelrnann])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 01/04/2005

Company Name: BAUER MOYNIHAN & JOHNSON, LLP

Individual Name: Mr. Michael S. Budelrnann

Location State: WA Country: US

View the Interpretation Document

Response text:

Jan 4, 2005

Mr. Michael S. Budelrnann                 Reference No.: 04-0138
BAUER MOYNIHAN & JOHNSON, LLP
2101 Fourth Avenue, Suite 2400
Seattle, Washington 98121

Dear Mr. Budelmann:

This responds to your e-mail requesting clarification of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), including registration and training, as they apply to a tug company that provides both a tug and a barge as well as towage services under time charter to a shipper that performs all of the loading, handling, and discharging of cargo.

Under the circumstances you describe, the tug company would not be subject to the HMR except to the extent set forth in 49 CFR176.5(b)(6). That section indicates that the owner/operator of the tug or towing vessel must only make such provisions to guard against and extinguish fire as the Coast Guard may prescribe and do so only when towing another vessel having Class 1 (explosive) materials, Class 3 (flammable liquids), or Division 2.1 (flammable gas) materials. Also, it is important to note that the HMR pertain only to the transport of hazardous materials in packaged form, including bulk packagings. As set forth in 49 CFR176.5(d), the HMR do not apply in any respect to transport in bulk, such as by a tank barge or a hopper barge carrying cargo in bulk without any other form of packaging.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

176.5(b)(6)

Regulation Sections