Interpretation Response #07-0063 ([U.S. Coast Guard Sector Juneau] [Lieutenant Rob Nakama])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: U.S. Coast Guard Sector Juneau
Individual Name: Lieutenant Rob Nakama
Location State: AK Country: US
View the Interpretation Document
Response text:
May 31, 2007
Lieutenant Rob Nakama Reference No. 07-0063
U.S. Coast Guard Sector Juneau
2760 Sherwood Lane, #2A
Juneau, AK 99801
Dear Lieutenant Nakama:
This is in response to your March 21, 2007 requesting clarification of the vessel segregation requirements specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You describe a specific scenario in which a company is requesting written authorization from the Coast Guard Captain of the Port to deviate from the vessel segregation requirements on a routine basis because the company is having difficulty complying with current vessel segregation requirements. Specifically, you ask if a Coast Guard Captain of the Port has the authority to issue relief from the segregation requirements of the HMR for a company to use on a routine basis. I apologize for the delay in responding and hope it has not caused you any inconvenience.
Section 176.65 authorizes the Coast Guard Captain of the Port to authorize in writing the use of an alternative stowage location or method of segregation under the following conditions: (1) when a hazardous material is to be loaded on board a vessel, it is shown to the satisfaction of the of the Coast Guard Captain of the Port for the place where the vessel is being loaded that it is impracticable to comply with a stowage location requirement specified by the Hazardous Materials Table (HMT; § 172.101), or a segregation, handling or stowage requirement specified by Part 176; and (2) the alternative method of stowage, handling, or segregation is subject to conditions the Coast Guard Captain of the Port finds will insure a level of safety at least equal to that afforded by the regulatory requirement.
Although the Coast Guard Captain of the Port has the authority to authorize in writing alternative methods of segregation, the regulation in § 176.65 is intended to be used by the Coast Guard Captain of the Port on a case-by-case basis to facilitate movement of
cargo when extenuating/unforeseen circumstances make it impracticable to comply with the requirements of the HMR. A company seeking relief from the vessel segregation requirements of the HMR through the use of an alternative method on a routine basis should apply for a special permit in accordance with Part 107, Subpart B.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
172.101, 176.83, 172.504