U. S. Coast Guard — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Special Programs Administration SEP 2 4 1998 J.B. Roberts Lieutenant, U. S. Coast Guard Chief, Port Services Department 1519 Alaskan Way South Seattle, WA 98134-1192 Dear Lieutenant Roberts: This is in reference to your letter requesting clarification of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) concerning hazardous materials in personal vehicles when carried on board passenger ferry vessels. You state that you believe the HMR is not applicable to this method of transportation because of the materials of trade definition in § 171.8. Specifically, you would like to know if shipments of these vehicles are considered "in commerce." I apologize for the delay in responding. Your understanding that the HMR do not apply to private (non-commercial) vehicles carrying hazardous materials onboard passenger ferry vessels and that propane cylinders used for camping equipment fall under the materials of trade definition in 49 CFR 171.8 is not correct. Materials of trade, subject to certain quantity limitations, are limited to hazardous materials carried on a motor vehicle: (1) for use in protecting the health and safety of the operator or passengers of the motor vehicle, (2) for use in supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment), or (3) for use by a private motor carrier including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle, such as lawn care, plumbing, etc. The materials of trade exceptions in § 173.6 are limited to materials being transported by private motor carriers. As stated in § 171.1(a)(1), the HMR apply to the transportation in commerce of hazardous materials by vessel (except, as delegated at 49 CFR 1.46(t). The carriage of a motor vehicle (including a personal motor vehicle) containing a hazardous material on board a passenger ferry vessel is transportation in commerce and, therefore, is subject to the HMR. However, the HMR#

Page 2provides certain limited exceptions for vessels transporting a motor vehicle containing hazardous materials if those materials are necessary for the operation of the vehicle or equipment, or for the safety of its operator or passengers. See §§ 173.220(c)(1) and (g)(2), 176.90, 176.92, 176.93, and 176.905(g) I hope this satisfies your request. Sincerely, Hotte 2 michels Hattie L. Mitchell - Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3U.S. Department of Transportation Commanding Officer J.S. Coast Guard 519 Alaskan Way Couti United States Marine Safety Office eattle, WA 98134-119: Coast Guard Puget Sound (COP) (206) 217-6232 6237 MC lintyre File: 176,88 16450 SC: 516, 422 MAR 1 7 1997 Mr. Edward Mazzullo Office of Hazardous Materii Is Standards Research and Special Proyruns Hamristration 400 Seventh Street SW Washington, D.C. 20590-0001 Dear Mr. Mazzullo, Hazardous Materials Regulations (HMR) in Title 49, Code of I am writing this letter requesting written clarification of the -- Federal Regulations (CFR) as they pertain to the transportation of hazardous materials in personal vehicles while carried onboard passenger ferries:; My interpretation of the regulations is that the HMR does not carrying hazardous of sagine, prane cy last eate or pent on racen materials that fall under the malarials of tri le exceptio. 49 CFR 171.8). Also, 49 CFR 176.91 makes an 'allowanc: fo che carriage of gasoline limited quantity (0.3 gallons per 19 CFR 173.150) onboard a motor (Class 3 Flammable Liquid) in excess ul the vessel transported on a ferry. hazardous materials in commerce while being transported as cargo, It is apparent that the regulations' intent is to restrict but not to restrict the transportation of hazardous materials for private non-commercial use. The private vehicles are not carrying the materials in support of a business or furtherance of a - hazardous materials in commercial enterprise and therefore are not transporting vehicle operators a a pay: '3 for che transportition of their "emerca" is "cargo" even though the_ vehicles. Sincerely, If That •#