Interpretation Response #06-0059
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
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
|§ 176.905||Vehicles having refrigerating or heating equipment|