{"operation":"document","citation":"07-0063","title":"U.S. Coast Guard Sector Juneau — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-05-31","effective_on":null,"summary":"07-0063 response to U.S. Coast Guard Sector Juneau concerning 172.101, 172.504, 176.83.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0063.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0063.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0063","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070063.pdf","body":"<<>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nMAY\n31 2007\nU.S. Coast Guard Sector Juneau\nLieutenant Rob Nakama\nRef. No.: 07-0063\n2760 Sherwood Lane, #2A\nJuneau, AK 99801\nDear Lieutenant Nakama:\nThis is in response to your March 21, 2007 requesting clarification of the vessel\nsegregation requirements specified in the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). You describe a specific scenario in which a company is requesting\nwritten authorization from the Coast Guard Captain of the Port to deviate from the vessel\nsegregation requirements on a routine basis because the company is having difficulty\ncomplying with current vessel segregation requirements. Specifically, you ask if a Coast\nrequirements of the HMR for a company to use on a routine basis. I apologize for the\nGuard Captain of the Port has the authority to issue relief from the segregation\ndelay in responding and hope it has not caused you any inconvenience.\nSection 176.65 authorizes the Coast Guard Captain of the Port to authorize in writing the\nuse of an alternative stowage location or method of segregation under the following\nconditions: (1) when a hazardous material is to be loaded on board a vessel, it is shown to\nthe satisfaction of the of the Coast Guard Captain of the Port for the place where the\nvessel is being loaded that it is impracticable to comply with a stowage location\nsegregation, handling or stowage requirement specified by Part 176; and (2) the\nrequirement specified by the Hazardous Materials Table (HMT; § 172.101), or a\nalternative method of stowage, handling, or segregation is subject to conditions the Coast\nGuard Captain of the Port finds will insure a level of safety at least equal to that afforded\nby the regulatory requirement.\nAlthough the Coast Guard Captain of the Port has the authority to authorize in writing\nthe Coast Guard Captain of the Port on a case-by-case basis to facilitate movement of\nalternative methods of segregation, the regulation in § 176.65 is intended to be used by\n172./01\n176.83\n172:504\n070063\n\n<<>>\n\ncargo when extenuating/unforeseen circumstances make it impracticable to comply with\nrequirements of the HMR through the use of an alternative method on a routine basis\nthe requirements of the HMR. A company seeking relief from the vessel segregation\nshould apply for a special permit in accordance with Part 107, Subpart B.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nJohn A. Gale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<>>\n\nJarman, Erin \nEichenlaub\nAttachments:\n20070307130135065.pdf\n$ 176.83\n$ 172.504\nsegregation\n2007030713013506\n07-0063\n5. pdf (129 KB)...\nTo whom it may concern,\nAlaska. It references a DOT exemption (DOT-SP11503) which allows two separate containers\nAttached in pdf format is a letter I received from Alaska Marine Lines (AML) in Juneau,\nother on unmanned deck barges.\nwhich ordinarily require separation distances, to be allowed to be stowed next to each\nIt was confirmed on highway transportation that segregation within the same container was\nI phoned AML to get an explanation of how they conduct business under the DOT exemption.\nfor transportation on unmanned barges.\nto allow Table 2 materials to be placed within the same container vice separate containers\na road by redral sequirement a he company endea at\nPart 176.65, the COTP has the authority to authorize alternative methods of\nsituations are impracticable and an equivalent level of safety is\nto restructure/reorganize the shipments from highway regulations to comply with on water\nThe company indicates that it is a difficult situation\nrequirements.\ncontainer, poses a\nIt is my interpretation that to store/transport two Table 2 materials within the same\nsafety hazard and is not an equivalent level of safety.\nmaterials under 1,001lbs to be stored/transported within the same container on unmanned\nWhat AML is proposing for the Coast Guard to allow/authorize, is for two or more Table 2\nthe COTP have the authority to allow such a combination within the same container? I would\ndeck barges. This proposition goes against the allowances of DOT Exemption SP-11503. Does\nsay not, but I do request\na recommendation from PHMSA.\nLT Rob Nakama\nUnit Training Program Manager\nChief, Facility Inspections Branch\n907-463-2466\nU.S.C.G. Sector Juneau\nFrom: Clare,\n-----Original Message....--\nBradley LCDR\nPlease review.\n\n<<>>\n\nB:9120\nALASKA\nMARINE LINES\nAlaska Marine Lines, Inc\nJune 0 9985)\nPhone: (907) 586-3790\nuneau Al\nFax: (907) 463-3298\nMarch 7, 2007\nChief, Prevention Department\nBradley W. Clare\n2700 Sherwood Ln.\nUS Coast Guard\nJuneau, AK 99801\nDear Bradley W. Clare,\nAlaska Marine Lines would like to request a waiver for small quantity shipments of\ncommodities without the need to segregate them as outlined in 176.83 (B).\nHazardous materials originating out of Haines, to allow for the transportation of these\nCurrently AML does operate under DOT-SP11503 exemption that allows some relief\n454 (kg) or 1001 Ibs of Table 2 Materials in the same freight container. These freight\nfrom 49 CFR 176.83(F) and we are not required to segregate containers contains less than\ncontainers are marked with a DOT-E-11503 sticker and clearly marked. If the freight\n176.83(B) and applicable stowage requirements covered in Table 176.83(F)\nexceeds exemption amount, we segregate the materials as required under Table\ndictated by table 176.83 (B) as to stowage of hazardous materials within freight\nAlthough this does allow relief with regards to barge stowage, unfortunately we are still\nontainers pursuant to 176.83 (10)(d)- Segregation in cargo transport units: Two\nazardous materials for which any segregation is required may not be stowed in the sam\ncargo transport unit.\n\n<<>>\n\nMaintaining on-board segregation in and of itself is quite challenging, however requiring\nexacerbates the problem. Once again one must realize that we are talking about an\nsmall quantity's of hazmat needing internal segregation within the transport unit,\nunmanned barge, and I would stipulate this poses less of a safety risk, that transporting\nloads to be transported in a freight container, transport vehicle or railcar which contain\nsmall quantities of Hazardous materials over the road. Since DOT already allows mixed\n545kg (1001lbs) or less of Table 2 materials per 49 CFR 177.848, we are asking that the\nspeaking the issues we are experiencing are very small quantities, far less than the 1001\nsame logic be applied to over the road freight originating out of Haines. Generally\nIbs (see attached examples) however I believe there is some value in remaining consistent\nwith the restriction imposed by other regulatory authorities.\nshipment originating out of Haines.\nAlaska Marine Lines request this waiver from Sector Juneau, specifically for inter-port\nRegards,\nDirector of HSSE, CSO\nAndrew E. Heuscher\nAlaska Marine Lines, Inc.","truncated":false,"body_characters":7304}