Cliff Bartley Consulting — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Pipeline and Hazardous Washington, D.C. 20590 Administration Materials Safety JUIL 0 6 2016 Mr. Cliff Bartley Cliff Bartley Consulting 1421 Lamanto Avenue East Jacksonville, FL 32211 Reference No. 16-0043 Dear Mr. Bartley: This letter is in response to your February 22, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to exceptions for vehicles transported by vessel. Specifically, you seek clarification of your understanding that vehicles shipped in accordance with § 176.905(i)(3) are excepted from the remainder of the HMR and are not required to comply with § 176.905(a)(2). Your understanding is correct. The HMR provide modal exceptions under § 173.220(b)(4)(ii) for vehicles transported by vessel that conform to the requirements of § 176.905. Shipments Coast Guard regulations and are excepted from the HMR. of vehicles transported in accordance with § 176.905(i)(3) are only subject to United States I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, tentast T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Andiws /760.905 Goodall, Shante CTR (PHMSA) Storage a motor vehicles From: Geller, Shelby CTR (PHMSA) 16-0043 Sent: To: Monday, March 14, 2016 9:35 AM Hazmat Interps Subject: FW: Vehicle Exceptions in 49CFR176.905(i) Dear Shante and Alice, I wanted to follow up on Mr. Bartley's request again, as I still did not see it in the database. Thanks, Shelby From: Geller, Shelby CTR (PHMSA) To: Hazmat Interps Sent: Monday, February 22, 2016 4:01 PM Subject: FW: Vehicle Exceptions in 49CFR176.905(i) Dear Shante and Alice, Forwarded is a request for a letter of interpretation. Jordan spoke with Mr. Bartley. Thanks, Sheiby From: Clifford Bartley [mailto: cliffbartleyconsulting@gmail.com] Sent: Monday, February 22, 2016 3:12 PM To: INFOCNTR (PHMSA) Cc: cifibartley@gmail.com Subject: Vehicle Exceptions in 49CFR176.905(i) From: Cliff Bartley Consulting 1421 Lamanto Avenue East Jacksonville, FL 32211 TO: PHMSA Standards and Rulemaking Division Pipeline and Hazardous Materials Safety Administration Attn: PHH-10, U.S. Department of Transportation, East Building Washington, DC 20590-0001 1200 New Jersey Avenue, SE Ref: Letter of Interpretation on 49CFR176.905(i)(3) Dear PHMSA, I am seeking support in my understanding of 49CFR176.905(i)(3) which states: Exceptions. A vehicle or mechanical equipment is excepted from the requirements of this subchapter if any of the following are met: 1#

Page 3(3) The vehicle or mechanical equipment is stowed in a hold or compartment designated by the administration ol the country in which the vessel is registered as specially designed and approved for vehicles and mechanical equipment and there are no signs of leakage from the battery, engine, fuel cell, compressed gas cylinder or gasoline transported by U.S. vessels, see 46 CFR 70.10-1 and 90.10-38; accumulator, or fuel tank, as appropriate. For vehicles with batteries connected and fuel tanks containing My understanding is that subchapter "C" in the HMR comprise the complete "HAZARDOUS MATERIALS REGULATIONS" which would include parts 171-180. In the stowage of vehicles on vessels, If a vessel comply with 476.905(i)(3) including the references in 46 CFR that are noted, the offerer/shipper does do not have to comply with 49CFR176.905(a)(2). Thank you for taking the time to respond to my inquiry. Regards, Cliff Bartley Clif Bartley cuftbortleyconsulting(@gmail.com Ph: 1-904-608-1982 2#