{"operation":"document","citation":"18-0053","title":"United States Department of State — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-05-21","effective_on":null,"summary":"18-0053 response to United States Department of State concerning 176.905.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0053.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0053.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0053","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/69781/180053.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nWashington, DC 20590\n1200 New Jersey Avenue, SE\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAY 2 1 2018\nMr. David Rodriguez\nUnited States Department of State\nBureau of Administration\nDirector Logistics Operations\n1701 N. Fr. Myer Drive\nArlington, VA 22209\nRef. No.: 18-0053\nDear Mr. Rodriguez,\nThis responds to your September 27, 2017 letter regarding the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to the shipment of a \"UN3166, Vehicle,\nflammable liquid powered\" aboard roll-on roll-off (ro-ro) vessels. You note that the vehicle in\nquestion was stowed in a hold or compartment designated by the administration of the country in\nwhich the vessel is registered as specially designed and approved for vehicles. Your questions\nare paraphrased and answered below:\nQ1. Paragraphs (a) through (h) of § 176.905 prescribe general vehicle inspection criteria prior to\nloading on a vessel, maximum fuel allowances for vehicles, and general vessel handling and\nstowage requirements. Paragraph (i) contains exceptions from the HMR if any of six criteria are\nmet. You ask if a shipment is made in accordance with one of these six criteria in § 176.905(i),\nfor example paragraph (i)(1) in that the vehicle is stowed in a hold or compartment designated by\nthe administration of the country in which the vessel is registered as specially designed and\napproved for vehicles and there are no signs of leakage from the battery, engine, fuel cell,\ncompressed gas cylinder or accumulator, or fuel tank, as appropriate, is excepted from the\ngeneral requirements for vessel shipments of vehicles found in § 176.905(a)-(h).\nAl. A vehicle transported in accordance with one of the exceptions in § 176.905(i) is excepted\n176.905.\nfrom all additional requirements of the HMR including any additional requirements found in §\nQ2. You seek clarification regarding the references to 46 CFR §§ 70.10-1 and 90.10-38\ncontained in § 176.905(i)(1). Both of references state that \"the preparation of automobiles prior\nto carriage... must be in accordance with the applicable provision of 49 CFR 176.905.\" You ask\nif the references to 46 CFR in § 176.905(i)(1) subject a vehicle to the requirements of §\n176.905(a)-(h).\nA2. The references to 46 CFR §§ 70.10-1 and 90.10-38 provide definitions for \"specifically\nsuited for vehicles\" for both passenger and cargo vessels. These 46 CFR sections identify the\n\n<<>>\n\nrequirements for the design and protection of spaces \"specifically suitable for vehicles\" and\nnote preparation of automobiles must be in accordance with the applicable provision of 49\nCFR § 176.905. In the case of vehicles offered in accordance with § 176.905(i)(1) the\nrequirements of this specific subparagraph (i)(1) are the only applicable preparation\nrequirements.\nI hope this answers your inquiry. If you need additional assistance, please contact the\nStandards and Rulemaking Division at (202) 366-8553.\nSincerely,\nDuane A. Pfund\nInternational Program Coordinator\nInternational Program\n\n<<>>\n\n110. 405\nJanuary, Ikeya CTR (PHMSA)\nshupment\n18-0053\nFrom:\nSent:\nWebb, Steven (PHMSA)\nTo:\nMonday, April 09, 2018 12:30 PM\nSubject:\nJanuary, Ikeya CTR (PHMSA)\nAttachments:\nFW: Action: State Department Request\nState_Request.pdf\nIkeya,\nCan you please log the attached PDF into the interp database, assign it to me, and create a hard copy folder. The date\nfields might be a bit tricky as this was originally received awhile ago. There was some confusion over who would issue\nand get out the door quickly. Please let me know if you have any questions.\nthis response (PHC or PHH-10) and it appears to be back to us. In any case | have a draft prepared that we can circulate\nV/R\nSteve\nFrom: Webb, Steven (PHMSA)\nSent: Monday, March 12, 2018 10:17 AM\nTo: Horsley, Adam (PHMSA) \nSubject: FW: Action: State Department Request\nFrom: Webb, Steven (PHMSA)\nSent: Monday, March 12, 2018 9:59 AM\nTo: Foster, Glenn (PHMSA) \nSubject: FW: Action: State Department Request\nFrom: Webb, Steven (PHMSA)\nSent: Thursday, January 11, 2018 10:54 AM\nTo: Horsley, Adam (PHMSA) \nSubject: FW: Action: State Department Request\nFYI\nFrom: Wiener, Aaron (PHMSA)\nSent: Thursday, January 11, 2018 10:51 AM\nTo: Webb, Steven (PHMSA) \nSubject: FW: Action: State Department Request\nFrom: Wiener, Aaron (PHMSA)\nSent: Thursday, October 12, 2017 10:28 AM\n1\n\n<<>>\n\nUnited States Department of State\nWashington, D.C. 20520\nSeptember 27, 2017\nSteven Webb\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nUS Department of Transportation\nOtfice of Hazardous Materials Safety\n1200 New Jersey Avenue SE, E-23-422\nWashington, DC 20590\n(via email steven. webb@dot.gov)\nRe: Clarification of 49 C.F.R. Section 176.905(i)(1)\nThe Department of State requests your determination on a matter of\ninterest that falls under the purview of the Pipeline and Hazardous Materials\nAdministration (PHMSA). We seek your opinion the question of whether\nthe Department of State has acted in conformity with the requirements of 49\nC.F.R. § 176.905.\nThe Departments of State and Defense move tens of thousands of\npersonnel to and from various postings around the world every year. Each of\nthese postings is accompanied by the shipment of household goods and\nprivately owned vehicles (POV). The United States government has\ncontracts with various shipping entities around the world to effectuate these\nshipments.\nIn 2015, a United States employee living in The Hague, Netherlands\nelected to ship her POV back to the United States rather than to her next\npost. To effect the shipment of her POV to the U.S. port of debarkation in\nBaltimore, Maryland, the Department of State issued a Government Bill of\nLading to a Belgian company contracted to provide logistical support. The\nBelgian company in turn contracted with American Roll-on Roll-off\nCarriers, LLC, to transport the POV onboard the M/V COURAGE. The\nCOURAGE was an American-flagged roll-on/roll-off (ro-ro) vessel, and was\n\"specially suitable for vehicles\" as defined in 46 C.F.R. §§ 70.10-1 and\n90.10-38. The POV in question, like the vast majority of POV. movements\n\n<<>>\n\n2\nfor United States employees residing overseas, was \"stowed in a hold or\ncompartment designated by the administration of the country in which the\nvessel is registered as specially designed and approved for vehicles\" in\naccordance with 49 C.F.R. § 176.905(1)(1).\nSections (a) through (h) of 176.905 generally prescribe vehicle\ninspection and vessel configuration requirements for the stowage of vehicles\naboard vessels. For instance, before being loaded on a vessel, 49 C.F.R. §\n176.905(a)(1) requires that each vehicle be \"inspected for signs of leakage\ntrom batteries, engines, fuel cells, compressed gas cylinders or\naccumulators, or fuel tank(s) when applicable and any identifiable faults in\nthe electrical system that could result in short circuit or other unintended\nelectrical source of ignition.\"\nThe POV in question was stowed in conformity with Section\n176.905(i), in that the POV was\n[S]towed in a hold or compartment designated by the administration\nof the country in which the vessel is registered as specially designed\nand approved for vehicles and there are no signs of leakage from the\nbattery, engine, fuel cell, compressed gas cylinder or accumulator, or\nfuel tank, as appropriate. For vehicles with batteries connected and\nfuel tanks containing gasoline transported by U.S. vessels, see 46 CFR\n70.10-1 and 90.10-38.\nId. at § 176.905(i)(1). Given this factual scenario, we request PHMSA's\ndetermination as to whether the POV transport in question is entitled to the\nexception from the vehicle inspection and vessel configuration requirements\noutlined in 49 C.F.R. § 176.905(i)(1).\nWe would also like clarification regarding the references to 46 C.F.R.\n§§ 70.10-1 and 90-10-38 (which define \"specially suitable for vehicles\")\ncontained in Section 176.905(i)(1). Both references state that \"the\npreparation of automobiles prior to carriage... must be in accordance with\nthe applicable provision of 49 C.F.R. § 176.905.\" We request PHMSA's\ndetermination as to whether the applicable provision in our factual scenario\nis 49 C.F.R. § 176.905(i)(1). That is, do the references in 49 C.F.R. §\n176.905(i)(1) subject the POV to the additional requirements of Section\n176.905 (a) through (h).\n\n<<>>\n\n3\nWe look forward to hearing your position on these two issues. Thank\nyou for your assistance.\nSincerely,\n111353\nDavid Rodriguez\nDirector Logistics Operations\nBureau of Administration","truncated":false,"body_characters":8664}