Interpretation Response #05-0161 ([Horizon Lines, LLC] [Mr. Cliff Bartley])

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

Interpretation Response Details

Response Publish Date: 08/16/2005

Company Name: Horizon Lines, LLC

Individual Name: Mr. Cliff Bartley

Location State: FL Country: US

View the Interpretation Document

Response text:

Aug 16, 2005

Mr. Cliff Bartley                     Reference No. 05-0161
Manager, Hazardous Materials
Horizon Lines, LLC
Blount Island
5800-1 William Mills Street
Jacksonville, FL 32226-4013

Dear Mr. Bartley:

This is in response to your June 23, 2005 letter regarding segregation requirements for hazardous materials in limited quantities transported by vessel under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:

Q1.      Are hazardous materials in limited quantities excepted from segregation within a freight container under § 176.80(b) and from the container segregation requirements in § 176.83(f)?

Al.        Yes. Section 176.80(b) specifically states “Hazardous materials in limited quantities when loaded in transport vehicles and freight containers are excepted from the segregation requirements of this subpart and any additional segregation specified in this subchapter for transportation by vessel.” Different packages of two hazardous materials that normally require segregation from one another may be stowed together in. the same freight container when either or both of the materials are packaged only as limited quantities. With respect to segregation between freight containers, no segregation need be applied between a freight container loaded only with materials packaged as limited quantities and other containers whether or not the hazardous materials in those other containers are packaged as limited quantities.

Q2.      Under § 176.80(b), are hazardous materials in limited quantities excepted from stowage requirements specified in Subparts G through O of Part 176?

A2.      As discussed in Al, stowage requirements that specify segregation between hazardous materials do not apply to limited quantities transported by vessel; however, stowage requirements other than those that specify segregation of hazardous materials are applicable to limited quantities. Please also note, that the HL’4R allow use of the IMDG Code in place of the provisions in the HMR subject to the conditions and limitations in § 171.12 (b). With respect to stowage provisions for limited quantities, paragraph 3.4.3 of the IMDG Code allows the use of stowage Category A for hazardous materials transported as limited quantities regardless of the stowage category assigned for the material in column (16) of the Dangerous Goods List in Chapter 3.2 of the IMDG Code.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

176.80, 176.83

Regulation Sections