Interpretation Response #98-0605 ([U. S. Coast Guard] [J.B. Roberts])

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

Interpretation Response Details

Response Publish Date: 09/24/1998

Company Name: U. S. Coast Guard

Individual Name: J.B. Roberts

Location State: WA Country: US

View the Interpretation Document

Response text:

Sep 24, 1998

J.B. Roberts
Lieutenant, U. S. Coast Guard
Chief, Port Services Department
1519 Alaskan Way South
Seattle, WA 98134-1192

Dear Lieutenant Roberts:

This is in reference to your letter requesting clarification of the requirements in the Hazardous Materials Regulations (HMR.; 49 CFR Parts 171-180) concerning hazardous materials in personal vehicles when carried on 'board passenger ferry vessels. You state that you believe the HMR. is not applicable to this method of transportation because of the materials of trade definition in
§ 171.8. Specifically, you would like to know if shipments of these vehicles are considered "in commerce." I apologize for the delay in responding.

Your understanding that the HMR. do not apply to private (non-commercial) vehicles carrying hazardous materials onboard passenger ferry vessels and that propane cylinders used for camping equipment fall under the materials of trade definition in 49 CFR 171.8 is not correct. Materials of trade, subject to certain quantity limitations, are limited to hazardous materials carried on a motor vehicle: (1) for use in protecting the health and safety of the operator or passengers of the motor vehicle, (2) for use in supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment), or (3) for use by a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle, such as lawn care, plumbing, etc. The materials of trade exceptions in § 173.6 are limited to materials being transported by private motor carriers.

As stated in § 171.1(a)(1), the HMR. apply to the transportation in commerce of hazardous materials by vessel (except, as delegated at 49 CFR 1.46(t). The carriage of a motor vehicle (including a personal motor vehicle) containing a hazardous material on board a passenger ferry vessel is transportation in commerce and, therefore, is subject to the HMR. However, the HMR provides certain limited exceptions for vessels transporting a motor vehicle containing hazardous materials if those materials are necessary for the operation of the vehicle or equipment) or for the safety of its operator or passengers. See §§ 173.220(c)(1) and (g)(2)) 176.90, 176.92) 176.93, and 176.9050)

I hope this satisfies your request.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

176.88

Regulation Sections