Interpretation Response #24-0078
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Eclipse Maritime LLC
Individual Name: Doug Peterson
Location State: MD Country: US
View the Interpretation Document
Response text:
December 3, 2024
Doug Peterson
Chief Mate - Swift Responder
Eclipse Maritime LLC
1997 Annapolis Exchange Pkwy, Suite 300
Annapolis, MD 21401
Reference No. 24-0078
Dear Mr. Peterson:
This letter is in response to your August 24, 2024, email requesting clarification of the hazardous materials registration requirements and certificate. You describe a scenario in which an oil spill response vessel has been converted into a research vessel. You state that the research vessel carries hazardous materials (hazmat)—including diesel fuel, lubricating oils, and hydraulic fluids—but that these materials are used solely in machinery and operations that support the functions of the research vessel. You ask whether the transport of the hazmat aboard the research vessel in the above scenario makes the person operating the research vessel subject to the hazmat transportation registration requirements in 49 CFR Part 107, Subpart G.
The answer is no. Completing hazmat transportation registration to obtain a certificate is required of persons who offer and persons who transport (in commerce) certain quantities and types of hazmat, including hazardous wastes. Based on your description of the operations on board the research vessel, in which the hazmat carried aboard are for the purposes of operating and providing motive power to the research vessel, neither the research vessel (Oregon Responder) nor the operating company (Eclipse Maritime, LLC) would be required to hold a registration certificate because the hazmat aboard the research vessel is not offered or transported in commerce. However, please note that vessel conversions such as the one you describe are subject to oversight by the United State Coast Guard (USCG) and, specifically, approval by the local USCG Officer in Charge, Marine Inspection.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division