{"operation":"document","citation":"16-0043","title":"Cliff Bartley Consulting — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-07-06","effective_on":null,"summary":"16-0043 response to Cliff Bartley Consulting concerning 171.2, 172.204, 173.35.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0043.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0043.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0043","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160043.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nPipeline and Hazardous\nWashington, D.C. 20590\nAdministration\nMaterials Safety\nJUIL 0 6 2016\nMr. Cliff Bartley\nCliff Bartley Consulting\n1421 Lamanto Avenue East\nJacksonville, FL 32211\nReference No. 16-0043\nDear Mr. Bartley:\nThis letter is in response to your February 22, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to exceptions for\nvehicles transported by vessel. Specifically, you seek clarification of your understanding that\nvehicles shipped in accordance with § 176.905(i)(3) are excepted from the remainder of the\nHMR and are not required to comply with § 176.905(a)(2).\nYour understanding is correct. The HMR provide modal exceptions under § 173.220(b)(4)(ii)\nfor vehicles transported by vessel that conform to the requirements of § 176.905. Shipments\nCoast Guard regulations and are excepted from the HMR.\nof vehicles transported in accordance with § 176.905(i)(3) are only subject to United States\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\ntentast\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nAndiws\n/760.905\nGoodall, Shante CTR (PHMSA)\nStorage a motor vehicles\nFrom:\nGeller, Shelby CTR (PHMSA)\n16-0043\nSent:\nTo:\nMonday, March 14, 2016 9:35 AM\nHazmat Interps\nSubject:\nFW: Vehicle Exceptions in 49CFR176.905(i)\nDear Shante and Alice,\nI wanted to follow up on Mr. Bartley's request again, as I still did not see it in the database.\nThanks,\nShelby\nFrom: Geller, Shelby CTR (PHMSA)\nTo: Hazmat Interps\nSent: Monday, February 22, 2016 4:01 PM\nSubject: FW: Vehicle Exceptions in 49CFR176.905(i)\nDear Shante and Alice,\nForwarded is a request for a letter of interpretation. Jordan spoke with Mr. Bartley.\nThanks,\nSheiby\nFrom: Clifford Bartley [mailto: cliffbartleyconsulting@gmail.com]\nSent: Monday, February 22, 2016 3:12 PM\nTo: INFOCNTR (PHMSA)\nCc: cifibartley@gmail.com\nSubject: Vehicle Exceptions in 49CFR176.905(i)\nFrom: Cliff Bartley Consulting\n1421 Lamanto Avenue East\nJacksonville, FL 32211\nTO: PHMSA\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10, U.S. Department of Transportation, East Building\nWashington, DC 20590-0001\n1200 New Jersey Avenue, SE\nRef: Letter of Interpretation on 49CFR176.905(i)(3)\nDear PHMSA,\nI am seeking support in my understanding of 49CFR176.905(i)(3) which states:\nExceptions. A vehicle or mechanical equipment is excepted from the requirements of this subchapter if\nany of the following are met:\n1\n\n<<<PAGE 3>>>\n\n(3) The vehicle or mechanical equipment is stowed in a hold or compartment designated by the administration ol\nthe country in which the vessel is registered as specially designed and approved for vehicles and mechanical\nequipment and there are no signs of leakage from the battery, engine, fuel cell, compressed gas cylinder or\ngasoline transported by U.S. vessels, see 46 CFR 70.10-1 and 90.10-38;\naccumulator, or fuel tank, as appropriate. For vehicles with batteries connected and fuel tanks containing\nMy understanding is that subchapter \"C\" in the HMR comprise the complete \"HAZARDOUS MATERIALS\nREGULATIONS\" which would include parts 171-180. In the stowage of vehicles on vessels, If a vessel comply with\n476.905(i)(3) including the references in 46 CFR that are noted, the offerer/shipper does do not have to comply with\n49CFR176.905(a)(2).\nThank you for taking the time to respond to my inquiry.\nRegards,\nCliff Bartley\nClif Bartley\ncuftbortleyconsulting(@gmail.com\nPh: 1-904-608-1982\n2","truncated":false,"body_characters":3671}