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Interpretation Response #06-0059 ([Seaboard Marine, Ltd.] [Mr. John P. Plasencia])

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

Interpretation Response Details

Response Publish Date:

Company Name: Seaboard Marine, Ltd.

Individual Name: Mr. John P. Plasencia

Location State: FL Country: US

View the Interpretation Document

Response text:

Jun 1, 2006

Mr. John P. Plasencia                 Reference No. 06-0059
Hazardous Materials Manager
Seaboard Marine, Ltd.
1630 Port Blvd.
Port of Miami
Miami, Florida 33132

Dear Mr. Plasencia:

This responds to your letter requesting clarification of the rolling stock stowage requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:

Ql. Must rolling stock be literally “rolled-on” or “rolled-off” a RO/RO vessel that
is especially suitable for vehicles in order to be eligible for the exceptions in § 76.905(i)?

Al. Rolling stock does not have to be “rolled-on” o: “rolled-off” the vessel. Section
176.905(i) (3) is a stowage requirement; the compartment or hold must be specially
suited for vehicles in accordance with 46 CFR 70.10-1 or 90.10-38, as appropriate. The
requirement does not address loading/unloading operations.

For example, a bulldozer on a flatbed trailer loaded in a compartment or hold that is
specially fitted for vehicles is eligible for the exception in 49 CFR 176.905(i) (3 provided
the equipment is suitably secured. However, a vehicle in a freight container stowed in a
compartment or hold that is specially suited for vehicles is not eligible for the exemption.
A freight container is an enclosed space and, in the event of a fuel leak, can collect
vapors and create an explosive atmosphere within the container.

Q2. Is an automobile staged for transportation in a port area subject to the HMR if it meets the conditions for exception from the HMR in § 176.905(i)?

A2. The answer is no if the automobile conforms to the requirements of § 176.905(i) and is intended for transportation by vessel or has been off loaded from a vessel. In addition, an automobile is not subject to the HMR if it conforms to the requirements specified in
§ 173.220 and is to be transported by highway or rail.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.



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

176.1, 176.905

Regulation Sections

Section Subject
176.1 Purpose and scope
176.905 Vehicles having refrigerating or heating equipment