CSX Lines LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Saventh St., S.W. Research and Washington, D.C. 20590 Special Programs FEB 26 2003 Administratior Corporate Manager Hazardous Mr. Cliff Bartley Ref. No. 02-0328 CSX Lines LLC Materials/Maintenance Jacksonville, 5800-1 William Mills Street FL 32226 Dear Mr. Bartley: This is in response to your letter dated October 7, 2002, to guidance on the intent of the provisions found in § 176.69(a) and Commandant (G-MSO-3), U. S. Coast Guard, in which you requested 171-180). (c) of the Hazardous Materials Regulations (HMR; 49 CFR Parts stowage of packages of hazardous materials near the door end of a In essence, you asked whether those provisions require hazardous and non-hazardous goods. Freight container when the container contains a mixed load of address the location of cargo within a container. The answer is no, the provisions in $ 176.69 (a) and (c) do not there is no explicit requirement elsewhere in the HMR that would In addition, require stowage of hazardous materials at the door end of a container. for the stowing and securing of cargo within containers but does In particular, § 176.76 provides detailed provisions Other considerations, including the need to effect proper weight not require stowage of hazardous materials at the door end. distribution within a restriction. Section 176.39 provides additional provisions for a container, make it difficult to impose such a vessel but again that section does not impose such a the inspection by vessel personnel of cargo while it is on board requirement and states individual barges need not be opened." in part: "However, freight containers or intended to limit compliance inspections of cargo, however, and None of the foregoing is when such inspections enforcement agency may require devanning cargo to inspect the are conducted, the Coast Guard or another may not be readily hazardous materials, especially where packages of those materials accessible. Dangerous Goods The corresponding provision in the International Maritime Paragraph 7.5.2.3 of the IMDG Code contains a provision that (IMDG) Code, however, differs from the HMR. reads: the load of a cargo transport unit, it should, preferably, be "When a dangerous goods consignment forms only part of packed so as to be accessible (such the cargo transport unit)." A similar recommendation is as packing near the doors of 17669 020328#

Page 2contained in the IMO/ILO/UN ECE Guidelines for Packing of Cargo Transport Units found in the Supplement to the IMDG Code. Paragraph 4.3.7 of those guidelines states: "Dangerous cargoes consignments which form only part of the load of a CTU (cargo the doors with markings and labels visible. ransport unit) should, whenever possible, be packed adjacent to 1s drawn to 3.3.1 concerning the securing of cargo by the doors Particular attention of a unit." have further questions, please do not hesitate to contact this I hope you find this information responsive and helpful. If you office. Sincerely, Hothe 2. Mitchel Hattie I. Mitchell Chief, Office of Hazardous Materials Standards Regulatory Review and Reinvention N#

Page 3: 904 751 9373 • OCT 07 'D2 18:12 FR 5-L JAX SALES 904 751 8373 TD 12022674570 P.01 5800-1 William Mills Street CSX Lines, LIC • Jacksonville, FL 32226 Stevens October 7, 2002 §176-69 (a) Vessel U.S. Coast Guard Commandant (G-MSO-3) 02-0328 2100 2' Street S.W. Washington, DC 20593-0001 Room 1210 Fax 202-267-4570 Subject: 49CPR176.69(a) - Cargo Inspection Dear Sir: service failure for 250-30 estomers lie re serence for this online on ada vin centered on the provision in 49CFR176.69(a) and (o). I have a problem with this provision because with the design of cellular vessels today, j prevent the opening of the doors in the hold. In addition there are considerations of virtually impossible to inspect cargo that has been stowed in the hatch. The cell guide into consideration in the placement of cargo in a container. weight distribution and DOT over the road axle weight testrictions that must be taken to obstruct you in meeting your mission but we both have customers to satisfy. I too Please provide an interpretation on this section of the regulations. It is not our intention support the safe handling of all hazardous materials. Respeotfully yours, m... CSX Lines, LLC Corporate Manager Hazardous Materials/ Maintenance 7002-73 CSX Linas • 5800-1 William Mills Road • Blount Island - Jacksonville, FL 52726 • www.csxlines.com ** TOTAL PAGE.01**#