Interpretation Response #18-0104
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Matson Navigation
Individual Name: Clifford Bartley
Location State: AZ Country: US
View the Interpretation Document
Response text:
December 7, 2018
Mr. Clifford Bartley
Manager Dangerous Goods
Matson Navigation
426 N. 44th Street, Suite 250
Phoenix, AZ 85008
Reference No. 18-0104
Dear Mr. Bartley:
This letter is in response to your May 23, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of hazardous materials as ship stores between vessels in domestic and international service. Specifically, you seek confirmation of your understanding that materials, such as electric power generators with reefer plugs for powering refrigerated containers on the vessel or tanks of diesel fuel used to power the generator sets, are not subject to the HMR because they are associated vessel support assets.
Your understanding is correct. Under the Federal hazardous materials transportation law, the Secretary of Transportation has authority to promulgate regulations to protect the nation against risks inherent in the transportation of hazardous materials in commerce. Hazardous materials used as equipment that are an integral part of a vessel or its equipment (i.e., fire extinguishers, fuel systems, air conditioners, electric power generators used to power refrigerated containers onboard the vessel, and diesel fuel in tanks used to power the generator sets) are not presently subject to any provision in the HMR.
Please note, however, that these materials may still be considered in commerce and/or subject to other federal regulations (see 49 U.S.C. § 5102). For example, some hazardous materials carried on board a vessel for maintenance, upkeep, and similar uses may be subject to regulation as hazardous ships' stores. We recommend that you consult the pertinent regulations contained in 46 CFR Part 147, entitled “Hazardous Ships' Stores,” for additional information.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division