National Cargo Bureau, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department Research and of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Administration JAN 2 3 2003 Chief, Liner Activities Capt. Sam Rogers Reference No. 02-0324 National Cargo Bureau, Inc. 17 Battery Place, Suite 1232 New York, NY 10004 Dear Capt. Rogers: This responds to your letter requesting clarification of the Dangerous cargo manifest requirements under the Hazardous Materials Regulations (HMR; 49 CFR. Parts 171-180). Specifically, you ask if the requirements for preparation of a dangerous cargo manifest, list or exceptions from this requirement in § 176.11. stowage plan in § 176.30 apply to all vessels carrying hazardous materials, or if there are any Part 176 prescribes requirements for the transportation of hazardous materials by vessel in addition to those contained in parts 171, 172 and 173. Therefore, a carrier must comply with § 176.30 and prepare a dangerous cargo manifest, list, or stowage plan. There are no exceptions from this requirement in §176.11. A hazardous material packaged in accordance with the International Maritime Dangerous Goods (IMDG) Code may be offered and transported in and through the United States if all or part of the transportation is by vessel (see § 171.12(b)). The IMDG Code also requires each vessel carrying dangerous good to have a special list or manifest. For details, please refer to Volume 1, Chapter 5.4 of the IMDG Code. I hope this satisfies your request. Sincerely, Hothe Z. Mitchell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 176,30 020324#

Page 2NATIONAL Corbin. MCARGO 8176•30 MAIN (212) 785-8300 BUREAU ING. Dangerous cargo Manifest FAX ncbnyc@natcargo.org (212) 785-8333 Sent via Facsimile 02-0324 Transportation Regulations Specialist Mr. John A. Gale December 10, 2002 Research and Special Programs Administration, D.O.T. Office of Hazardous Materiais Standards, DHIM-10 . 400 Seventh Street, S.W. Washington, D.C. 20590 Dear Mr. Gale, Subchapter C of the HMR we find that §171.12(b) makes some allowances for We have a pressing question for which we solicit your input. Contained within import/export of hazardous materials under the IMDG Code when shipped in conformance with specific conditions and limitations therein. These are again referenced in §176.11 in Part 176 for carriage by vessel. Also contained within Part 176 we have additional general operating requirements, one of these is the Dangerous Cargo Manifest (DCM). These general operating requirements, as many other requirements contained within Part 176, are not referenced within the exceptions or conditions and limitations of either §§176.11, or 171.12(b). Are we correct in opining that the requirements of $176.30 for the DCM mandate apply to all vessels carrying Hazardous Materials, as incorporated by §176.5, or are there any exception noted in §176.11 applicable? Please feel free to contact me with any question or concern you may have. Thank you in advance for your assistance with this matter. Best regards, Capt. Sam Rogers Chief, Liner Activities National Cargo Bureau, Inc. 17 BATTERY PLACE • SUITE 1232 # NEW YORK, NEW YORK 10004#