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Interpretation Response #16-0112 ([Atlantic Ro-Ro Carriers, Inc.] [Mr. Andrei Lazourenko])

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

Interpretation Response Details

Response Publish Date:

Company Name: Atlantic Ro-Ro Carriers, Inc.

Individual Name: Mr. Andrei Lazourenko

Location State: NJ Country: US

View the Interpretation Document

Response text:

November 2, 2016

Mr. Andrei Lazourenko
1st VP
Atlantic Ro-Ro Carriers, Inc.
95 River Street, 3rd Floor
Hoboken, NJ 07030

Ref. No. 16-0112

Dear Mr. Lazourenko:

This responds to your June 23, 2016 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) applicable to § 176.708.  Section 176.708 requires a minimum separation distance between radioactive materials and those spaces regularly occupied by crewmembers and passengers or undeveloped photographic film.  As indicated in paragraph (a) Table IV identifies the minimum separation distance as a function of the sum of the transport indexes (TIs) of all packages in a single consignment.

You provide an example of a vessel transporting Class 7 (radioactive) material in 100 20-ft. containers, each having a TI of 2, and placed in different cargo compartments.  You ask for clarification on the definition of “consignment” when calculating the minimum separation distance.  You also ask if stowage on the weather deck is considered a single consignment.  

Although not detailed in Part 176, consignment as specifically defined in § 173.403 of the HMR, means a package or group of packages or load of radioactive material offered by a person for transport in the same shipment.  When calculating the minimum separation distance using Table IV in § 176.708, the sum of TIs of the packages should be calculated assuming the consignment is for all the packages transported aboard the vessel.  This calculation is regardless of whether the containers are stowed on different decks or separate compartments.  For your example, and for the purposes of Table IV in § 176.708, the sum of the TIs of the packages is 200.  

Please note that § 176.708(d)(2) provides a secondary method for calculating the minimum separation distances between radioactive materials and crew member and passengers for consignments on board a vessel under the exclusive use conditions of § 176.704(f).

Alternatively, for radioactive materials offered for transportation or transported in accordance with the International Maritime Dangerous Goods (IMDG) Code, § 171.25(b)(2) allows for the substitution of the stowage and segregation requirements of Part 7 of the IMDG Code instead of the stowage and segregation requirements in Part 176 of the HMR.

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


Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

176.708, 173.403, 176, 176.708(d)(2), 176.704(f), 171.25(b)(2)

Regulation Sections

Section Subject
171.25 Additional requirements for the use of the IMDG Code
173.403 Definitions
176.704 Requirements relating to transport indices and criticality safety indices
176.708 Segregation distances
176.708 Segregation distances