Interpretation Response #02-0063 ([V.Ships Norway AS] [Mr.Sjur Gjerde])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: V.Ships Norway AS
Individual Name: Mr.Sjur Gjerde
Location State: AL Country: US
View the Interpretation Document
Response text:
April 29, 2000
Mr.Sjur Gjerde Reference No. 02-0063
SEQ Manager
V.Ships Norway AS
Drammensveien 145 B
P.O. Box 394, Skoyen
0213 Oslo
Dear Mr. Gjerde:
This responds to your letter requesting clarification on the registration requirements regarding the shipment of equipment with residue of fuel in tank as hazardous material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the equipment a residue of fuel in the tank is subject to the HMR and registration requirements of Part 107, Subpart G of the HMR.
According to your letter, you have technical management on two reefer vessels which regularly trade between the United States and South America. These vessels occasionally carry various types of equipment such as generators with residue of fuel in the tank that are properly identified as a hazardous material.
Each vessel operator, that is, each "person" as defined by the federal hazardous materials transportation law that has operational control of a vessel, that transports hazardous materials from United -States ports to South America may be subject to the registration requirement if the materials being transported fall into the categories of materials that require registration. In addition, each person domiciled in the United States that performs a function pertaining to the offering for transportation or accepting for transportation, a hazardous material that is loaded on a vessel at a United States port may be subject to the registration requirement. For your information, it is the opinion of this Office that equipment properly described as "engine, internal combustion" conforming to the requirements in § 173.220 does not meet any criteria in § 107.601 for which a shipper or carrier must register.
I hope this answers your inquiry.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
173.220