Interpretation Response #26-0024
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: SSA Marine
Individual Name: Nate Allsop
Location State: UT Country: US
View the Interpretation Document
Response text:
August 18, 2026
Nate Allsop
Lead Hazmat
SSA Marine
11814 S Election Rd # 210
Draper, UT 84020
Reference No. 26-0024
Dear Mr. Allsop:
This letter is in response to your January 29, 2026 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the preparation and maintenance of a dangerous cargo manifest (DCM). You provided a scenario where a customer/carrier intends to provide SSA Marine, the marine terminal operator, with only the DCM, rather than the full dangerous goods documentation package (e.g., including shipping papers). You ask whether § 176.30 requires the marine terminal operator to maintain a copy of the DCM or the full shipping documentation while a vessel is in port.
Under the HM-223 final rule, "storage incidental to movement" is explicitly defined as storage by any person between the time a carrier takes physical possession of the material and its final delivery (see § 171.1(c)(4)).1 The rule clarifies that the temporary holding of hazardous material at a marine terminal, pending the arrival of a vessel onto which it will be loaded or prior to inland movement, constitutes storage incidental to movement. Thus, in such a case where hazardous material is stored incidental to movement, a marine terminal is considered a facility operator and is subject to maintenance of emergency response information (ERI) in accordance with § 172.602(c)(2).
1 68 FR 61906, 61920 (Oct. 30, 2003).
Because marine terminals operate in this continuous chain of custody, your facility is regulated under the HMR as a facility operator. As previously clarified by PHMSA in Letter of Interpretation (LOI) 07-0039, the dangerous goods list requirements in § 176.30 and paragraph 5.4.3 of Part 5 of the International Maritime Dangerous Goods (IMDG) Code apply only to hazardous materials loaded on board a ship. Once a container is unloaded at a terminal, there is no requirement other than the emergency response information requirement specified in § 172.602(c)(2). Under § 172.602(c)(2), facilities that receive, store, or handle hazardous materials during transportation must maintain emergency response information in a location that is immediately accessible to facility personnel. Under § 172.602(c)(2), facilities where hazardous material is received, stored, or handled during transportation must maintain ERI, including the basic description and technical name as required by § 172.602(a), whenever the hazardous material is present. Since terminal operators must know exactly where each container is located and what hazards are inside for emergency response purposes, possessing shipping documentation is a practical means to satisfy ERI requirements. Moreover, as clarified in Reference No. 07-0039, when the container is eventually loaded onto a truck or rail car for subsequent transportation out of the terminal, the required document for that leg of transportation is a shipping paper. In addition to the ERI requirements under the HMR, please note that hazardous cargo at a marine terminal also falls under the jurisdiction of the U.S. Coast Guard (USCG) regulations which include operational requirements for marine terminals (see 33 CFR Part 126). Questions regarding any specific documentation required by those regulations should be directed to the USCG.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk DerKinderen
Chief, Standards Development Branch
Standards and Rulemaking Division