Seaboard Marine, Ltd. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Wash ngton, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety JUN 11 2006 Hazardous Materials Manager Mr. John P. Plasencia Ref. No. 06-0059 1630 Port Blvd. Seaboard Marine, Ltd. Port of Miami Miami, Florida 33132 Dear Mr. Plasencia: This responds to your letter requesting clarification of the rolling stock stowage requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) . Your questions are paraphrased and answered as follows: Must rolling stock be literally "rolled-on" or vehicles in order to be eligible for the exceptions in "rolled-off" a RO/RO vessel that is specially suitable for § 176.905 (i)? A1. Rolling stock does "rolled-off" the vessel. Section 176.905 (i) (3) is a stowage requirement; the compartment or hold must be to cong mant a mol that be specially suited for vehicles in accordance with 46 CFR 70.10-1 or 90.10-38, as appropriate. 38, as approprate ne equitement does not address loading/unloading operations. For example, a bulldozer on a flatbed trailer loaded in a compartment or hold that is specially fitted for vehicles is eligible for the exception in 49 CFR 176.905(i) (3; vehicle in a freight container stowed in a compartment or provided the equipment is suitably secured. However, a hold that is specially suited for vehicles is not eligible A freight container is an enclosed space and, in the event of a fuel leak, can collect vapors and create explosive atmosphere within the container. 02. Is an automobile stag:d for transportation in a port area subject to the HMR if it meets the conditions for exception from the HMR in § 176.905 (i) ? 176-1 060059 176.905#

Page 2A2. The answer is no if the automobile conforms to the requirements of § 176.905 (i) and is intended for transportation by vessel or has been offloaded from a vessel. HMR if it conforms to the requirements specified in In addition, an automobile is not subject to the § 173.220 and is to be transported by highway or rail. we can be of further assistance. I trust this satisfies your inquiry. Please contact us if Sincerely, Hathe a Michell Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention#

Page 3Stevens 3116.1 Seaboard Marine, LTD 3/76.905 1630 Port Blvd, Miami, PI 33132 vessel Dear Sir or Madam, 06-0059 In regards to the exceptions delineated in 49 CFR 176.905 (i)(3), my questions are as fallows: 1. My understanding is that this sub-paragraph facilitates Roll-on/Roll-off designated vessels. Therefore, a deck of a RO/RO vessel, does it still meet this exception? What if it is an automobile either on an open flatbed unit or inside a freight container, loaded on the top deck? 2. If a vehicle shipment is booked as non-hazardous due to the fact that it meets one of the exceptions found in 176.905, then is it still subject to the HMR while staged on our waterfront facility (i.e. 1/4 tank of gas or less, key out of the ignition, etc.)? Thank you in advance for your guidance in this matter. Best regards, John P. Plasencia Hazardous Materials Manager Seaboard Marine, Ltd. (305) 370-5110 john_plasencia@seaboardmarine.com <00D 9 682689908 88 60#