U.S. Coast Guard Sector Juneau — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety MAY 31 2007 U.S. Coast Guard Sector Juneau Lieutenant Rob Nakama Ref. No.: 07-0063 2760 Sherwood Lane, #2A Juneau, AK 99801 Dear Lieutenant Nakama: This is in response to your March 21, 2007 requesting clarification of the vessel segregation requirements specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You describe a specific scenario in which a company is requesting written authorization from the Coast Guard Captain of the Port to deviate from the vessel segregation requirements on a routine basis because the company is having difficulty complying with current vessel segregation requirements. Specifically, you ask if a Coast requirements of the HMR for a company to use on a routine basis. I apologize for the Guard Captain of the Port has the authority to issue relief from the segregation delay in responding and hope it has not caused you any inconvenience. Section 176.65 authorizes the Coast Guard Captain of the Port to authorize in writing the use of an alternative stowage location or method of segregation under the following conditions: (1) when a hazardous material is to be loaded on board a vessel, it is shown to the satisfaction of the of the Coast Guard Captain of the Port for the place where the vessel is being loaded that it is impracticable to comply with a stowage location segregation, handling or stowage requirement specified by Part 176; and (2) the requirement specified by the Hazardous Materials Table (HMT; § 172.101), or a alternative method of stowage, handling, or segregation is subject to conditions the Coast Guard Captain of the Port finds will insure a level of safety at least equal to that afforded by the regulatory requirement. Although the Coast Guard Captain of the Port has the authority to authorize in writing the Coast Guard Captain of the Port on a case-by-case basis to facilitate movement of alternative methods of segregation, the regulation in § 176.65 is intended to be used by 172./01 176.83 172:504 070063#

Page 2cargo when extenuating/unforeseen circumstances make it impracticable to comply with requirements of the HMR through the use of an alternative method on a routine basis the requirements of the HMR. A company seeking relief from the vessel segregation should apply for a special permit in accordance with Part 107, Subpart B. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, John A. Gale Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Jarman, Erin <PHMSA› Sent: From: Robert.A.Nakama@uscg.mil on behalf of Nakama, Robert LT [Robert.A.Nakama@uscg.mil] Subject: To: Wednesday, March 21, 2007 7:52 PM FW: Emailing: 20070307130135065 (AML REQUEST) INFOCNTR <PHMSA> Eichenlaub Attachments: 20070307130135065.pdf $ 176.83 $ 172.504 segregation 2007030713013506 07-0063 5. pdf (129 KB)... To whom it may concern, Alaska. It references a DOT exemption (DOT-SP11503) which allows two separate containers Attached in pdf format is a letter I received from Alaska Marine Lines (AML) in Juneau, other on unmanned deck barges. which ordinarily require separation distances, to be allowed to be stowed next to each It was confirmed on highway transportation that segregation within the same container was I phoned AML to get an explanation of how they conduct business under the DOT exemption. for transportation on unmanned barges. to allow Table 2 materials to be placed within the same container vice separate containers a road by redral sequirement a he company endea at Part 176.65, the COTP has the authority to authorize alternative methods of situations are impracticable and an equivalent level of safety is to restructure/reorganize the shipments from highway regulations to comply with on water The company indicates that it is a difficult situation requirements. container, poses a It is my interpretation that to store/transport two Table 2 materials within the same safety hazard and is not an equivalent level of safety. materials under 1,001lbs to be stored/transported within the same container on unmanned What AML is proposing for the Coast Guard to allow/authorize, is for two or more Table 2 the COTP have the authority to allow such a combination within the same container? I would deck barges. This proposition goes against the allowances of DOT Exemption SP-11503. Does say not, but I do request a recommendation from PHMSA. LT Rob Nakama Unit Training Program Manager Chief, Facility Inspections Branch 907-463-2466 U.S.C.G. Sector Juneau From: Clare, -----Original Message....-- Bradley LCDR Please review.#

Page 4B:9120 ALASKA MARINE LINES Alaska Marine Lines, Inc June 0 9985) Phone: (907) 586-3790 uneau Al Fax: (907) 463-3298 March 7, 2007 Chief, Prevention Department Bradley W. Clare 2700 Sherwood Ln. US Coast Guard Juneau, AK 99801 Dear Bradley W. Clare, Alaska Marine Lines would like to request a waiver for small quantity shipments of commodities without the need to segregate them as outlined in 176.83 (B). Hazardous materials originating out of Haines, to allow for the transportation of these Currently AML does operate under DOT-SP11503 exemption that allows some relief 454 (kg) or 1001 Ibs of Table 2 Materials in the same freight container. These freight from 49 CFR 176.83(F) and we are not required to segregate containers contains less than containers are marked with a DOT-E-11503 sticker and clearly marked. If the freight 176.83(B) and applicable stowage requirements covered in Table 176.83(F) exceeds exemption amount, we segregate the materials as required under Table dictated by table 176.83 (B) as to stowage of hazardous materials within freight Although this does allow relief with regards to barge stowage, unfortunately we are still ontainers pursuant to 176.83 (10)(d)- Segregation in cargo transport units: Two azardous materials for which any segregation is required may not be stowed in the sam cargo transport unit.#

Page 5Maintaining on-board segregation in and of itself is quite challenging, however requiring exacerbates the problem. Once again one must realize that we are talking about an small quantity's of hazmat needing internal segregation within the transport unit, unmanned barge, and I would stipulate this poses less of a safety risk, that transporting loads to be transported in a freight container, transport vehicle or railcar which contain small quantities of Hazardous materials over the road. Since DOT already allows mixed 545kg (1001lbs) or less of Table 2 materials per 49 CFR 177.848, we are asking that the speaking the issues we are experiencing are very small quantities, far less than the 1001 same logic be applied to over the road freight originating out of Haines. Generally Ibs (see attached examples) however I believe there is some value in remaining consistent with the restriction imposed by other regulatory authorities. shipment originating out of Haines. Alaska Marine Lines request this waiver from Sector Juneau, specifically for inter-port Regards, Director of HSSE, CSO Andrew E. Heuscher Alaska Marine Lines, Inc.#