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Interpretation Response #18-0053


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

Interpretation Response Details

Response Publish Date: 05-21-2018
Company Name: United States Department of State     Individual Name: Mr. David Rodriguez
Location state: VA    Country: US

View the Interpretation Document


Response text:
Mr. David Rodriguez
United States Department of State
Bureau of Administration
Director Logistics Operations
1701 N. Fr. Myer Drive
Arlington, VA 22209

Ref. No.: 18-0053

Dear Mr. Rodriguez,

This responds to your September 27, 2017 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the shipment of a “UN3166, Vehicle, flammable liquid powered” aboard roll-on roll-off (ro-ro) vessels. You note that the vehicle in question was stowed in a hold or compartment designated by the administration of the country in which the vessel is registered as specially designed and approved for vehicles.  Your questions are paraphrased and answered below:

Q1. Paragraphs (a) through (h) of § 176.905 prescribe general vehicle inspection criteria prior to loading on a vessel, maximum fuel allowances for vehicles, and general vessel handling and stowage requirements.  Paragraph (i) contains exceptions from the HMR if any of six criteria are met.  You ask if a shipment is made in accordance with one of these six criteria in § 176.905(i), for example paragraph (i)(1) in that the vehicle is stowed in a hold or compartment designated by the administration of the country in which the vessel is registered as specially designed and approved for vehicles and there are no signs of leakage from the battery, engine, fuel cell, compressed gas cylinder or accumulator, or fuel tank, as appropriate, is excepted from the general requirements for vessel shipments of vehicles found in § 176.905(a)-(h).

A1.  A vehicle transported in accordance with one of the exceptions in § 176.905(i) is excepted from all additional requirements of the HMR including any additional requirements found in § 176.905.

Q2. You seek clarification regarding the references to 46 CFR §§ 70.10-1 and 90.10-38 contained in § 176.905(i)(1).  Both of references state that “the preparation of automobiles prior to carriage…must be in accordance with the applicable provision of 49 CFR 176.905.” You ask if the references to 46 CFR in § 176.905(i)(1) subject a vehicle to the requirements of § 176.905(a)-(h).

A2.  The references to 46 CFR §§ 70.10-1 and 90.10-38 provide definitions for “specifically suited for vehicles” for both passenger and cargo vessels.  These 46 CFR sections identify the requirements for the design and protection of spaces “specifically suitable for vehicles” and note preparation of automobiles must be in accordance with the applicable provision of 49 CFR § 176.905.  In the case of vehicles offered in accordance with § 176.905(i)(1) the requirements of this specific subparagraph (i)(1) are the only applicable preparation requirements.    

I hope this answers your inquiry.  If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.

 

Sincerely,

Duane A. Pfund
International Program Coordinator
International Program

Regulation Sections

Section Subject
§ 176.905 Vehicles having refrigerating or heating equipment