{"operation":"document","citation":"15-0052","title":"Seaboard Marine, LTD — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-08-03","effective_on":null,"summary":"15-0052 response to Seaboard Marine, LTD concerning 172.504, 172.506, 172.512, 176.27.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0052.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0052.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0052","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150052.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington. DC 20590\n1200 New Jersey Avenue SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nAUG 0 3 2015\nMr. Omar Contreras\nSafety/Hazmat Manager\nSeaboard Marine, Ltd.\n1630 Port Blvd.\nMiami, Florida 33132\nRef No.: 15-0052\nDear Mr. Contreras:\nThis is a response to your March 16, 2015 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the placarding of freight\ncontainers and aircraft unit load devices having a capacity of 640 cubic feet or more. In\nyour email, you state that you are an ocean transportation company that provides a service to\nyour customers whereby you pick up your customers' containerized cargo by highway and\ntransport it to your terminals for loading onto your vessels. Furthermore, you state that on\noccasion, your customer refuses to place the placards on the container they have finished\nloading with hazardous cargo. You ask who is responsible to physically place the placards\non the container. Your questions are answered as follows:\nQ1. For a container with a capacity over 640 cubic feet, carrying hazardous materials,\ntransported from an inland location to a marine terminal for vessel transport, is it the\nresponsibility of the person loading or otherwise preparing the container to place the\nplacards on the container since that person must comply with §§ 172.512(a) and\n176.27(c)(1)(i), the latter which must be stated on the signed container packing\ncertificate that they must provide the vessel operator?\nAl.\nAs provided in § 172.512(a), each person who offers for transportation, and each\nperson who loads and transports, a hazardous material in a freight container or\naircraft unit load device having a capacity of 640 cubic feet or more shall affix to the\nfreight container or aircraft unit load device the placards specified for the material in\naccordance with § 172.504. If a freight container or aircraft unit load device having\na capacity of 640 cubic feet or more is loaded and transported by a carrier, it is the\nresponsibility of the carrier to apply the required placards.\nIn addition to the placards required to be placed on a freight container or aircraft unit\nload device having a capacity of 640 cubic feet or more by the offeror, the person\noffering a hazardous material for transportation (i.e., shipper) must provide the motor\n1\n\n<<<PAGE 2>>>\n\ncarrier with the required placards for the transport vehicle (e.g., motor vehicle) for\nthe material being offered prior to or at the same time the material is offered for\ntransportation, unless the carrier's motor vehicle is already placarded for the material.\nA motor carrier may not transport a hazardous material in a motor vehicle unless the\nplacards required for the material are affixed to the motor vehicle (see § 172.506).\nPrior to the HM-184A final rule published in 1983 [48 FR 53710; Nov. 29, 1983],\n§ 172.512(a) only specified that \"each person who offers for transportation a\nhazardous material in a freight container having a capacity of 640 cubic feet or more\nshall affix to the freight container the placards specified for the material in\naccordance with § 172.504.\" However, the HM-184A rulemaking revised the\nlanguage in § 172.512(a) to how it reads today, in order to \"clarify the fact that if a\nfreight container or aircraft unit load device is loaded by a carrier, it is the\nresponsibility of the carrier to apply the required placards\" [48 FR 35471; 35472].\nQ2.\nFor a container with a capacity over 640 cubic feet, carrying hazardous materials,\ntransported from an inland location to another inland location, is it the responsibility\nof the person loading or otherwise preparing the container, to place the placards on\nthe container since that person must comply with § 172.512(a), or is it the\nresponsibility of the carrier to place the placards if they are offered by the\nshipper/person loading or otherwise preparing the container as per § 172.506?\nA2.\nPlease see A1.\nI hope this information is helpful. If you have any more questions, please do not hesitate to\ncontact this office.\nSincerely,\nI tensoste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nNickels\n$172.506 Placarding\n15-0052\nDodd, Alice (PHMSA)\nFrom:\nSent:\nCiccarone, Michael CTR (PHMSA)\nMonday, March 16, 2015 3:51 PM\nTo:\nHazmat Interps\nSubject:\nFW: Request for Interpretation\nShante/Alice,\nPlease submit this for a formal letter of interpretation. I spoke with Mr. Contreras.\nThanks,\nMike\nFrom: Contreras, Omar [mailto: Omar Contreras@seaboardmarine.com]\nTo: PHMSA HM InfoCenter\nSent: Monday, March 16, 2015 12:43 PM\nSubject: Request for Interpretation\nTo Whom it May Concern:\nI am looking on clarification on regulations involving carrier and shipper\nresponsibilities regarding application of placards on containers prepared for\nocean transport.\nWe are an ocean transportation company who as part of our services provide our\ncustomers with ground transportation of their containerized cargo to our\nterminals for loading on our vessels. Occasionally a customer may refuse to place\nI would like clarification on who's responsibility it is to physically place the\nthe placards on the container they have finished loading with hazardous cargo and\nplacards on the container.\nIt is clear that each person offering a motor carrier a hazardous material for\ntransportation must provide the motor carrier with the required placards for the\nmaterial being offered and no motor carrier may transport a hazardous material in\na motor vehicle unless the placards required for the hazardous material are\naffixed (172.506).\nQ1: For a container with a capacity over 640 cubic feet, carrying hazardous\nmaterials, transported from an inland location to a marine terminal for vessel\ntransport, is it the responsibility of the person loading or otherwise preparing\nthe container, to place the placards on the container since they must adhere to\n112.512 (a) and 176.27(C) (1)(i), the latter which must be stated on the signed\ncontainer packing certificate that they must provide the vessel operator?\n1\n\n<<<PAGE 4>>>\n\nQ2: For a container with a capacity over 640 cubic feet, carrying hazardous\nmaterials, transported from an inland location to another inland location, is it\nthe responsibility of the person loading or otherwise preparing the container, to\nplace the placards on the container since they must adhere to 172.512(a), or is\nit the responsibility of the carrier to place the placards if they are offered by\nthe shipper/person loading or otherwise preparing the container as per 172.506?\nYour clarification in this matter is much appreciated.\nSincerely,\nOmar Cantreras\nSafety/Hazmat Manager\nSeaboard Marine, Ltd.\n1630 Port Blvd.\nMiami, Florida 33132\nPhone: 305-530-5757","truncated":false,"body_characters":6832}