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But we’re not here to review the requirements for a HazMat Shipping paper, the purpose of this article is to identify and explain the requirements of the Dangerous Cargo Manifest when a hazardous material is transported by vessel.

Note that ‘acknowledging the correctness’ of the Dangerous Cargo Manifest is not the same level of responsibility as ‘certifying the accuracy and truth’ of the hazardous material description.

In other words, whenever a HazMat is subject to the HMR, emergency response information must be immediately available (LOI 00-0048, again).

The following special requirements apply to a barge (manned or unmanned) transporting HazMat in addition to those described above:

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The carrier of a HazMat by vessel must retain a copy of the Dangerous Cargo Manifest for at least one year and shall make it available in the event of an inspection.

Use of a typewriter, word processor, or computer/printer to produce the signature(s) satisfies the requirement as long as the signature is made after the information is entered on the Dangerous Cargo Manifest (LOI 01-0284).

The person who supervises the preparation of the Dangerous Cargo Manifest (not necessarily the person who actually prepares it) must ensure that it accurately and truthfully describes the hazardous material and shall certify this by signing his name and noting the date of preparation.  No specific content is required in the HMR for this certification statement on the Dangerous Cargo Manifest as it is for the shipping paper, so it could look like one of the certification statements at §172.204 (Read about the certification statement on the HazMat shipping paper), or – borrowing language from §176.30(b) – it could look like this:

The carrier and its agents must ensure that one of the following persons acknowledges the correctness of the entire Dangerous Cargo Manifest (not just the description of the hazardous material) by his signature:

The Dangerous Cargo Manifest, however, must be kept “on or near the vessel’s bridge”, except when the vessel is docked in a U.S. port.  If docked in a U.S. port, the Dangerous Cargo Manifest may be kept in the vessel’s cargo office or another location designated by the vessel’s master as long as a sign is placed beside the designated holder on or near the vessel’s bridge indicating its location.  Wherever it is located, the Dangerous Cargo Manifest must always be “readily accessible to emergency response and enforcement personnel” when the HazMat is in transportation.

Since no mention is made of it at §176.30, is it necessary to include the emergency response information of 49 CFR 172, Subpart G (complimentary to but not the same as the emergency response phone number)?  Yes it is.  Why?  Because §172.600(b) defines its applicability as:

I am the vessel’s master, a licensed deck officer designated by the master and attached to the vessel, or the person in charge of a barge transporting a hazardous material.  I hereby acknowledge the correctness of this dangerous cargo manifest, list, or stowage plan.

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After receiving the shipping paper from the shipper the carrier or its agents or a person they designate for the task must complete the Dangerous Cargo Manifest to retain in the vessel during transportation.  The purpose of the Dangerous Cargo Manifest (aka: list or stowage plan) is to ensure that information about the HazMat aboard a vessel is readily available in a single document (LOI 00-0048).  Further, the Dangerous Cargo Manifest replaces the shipping paper completed per §172 and for that reason shipping papers and packing certificates are not required to accompany HazMat shipments on a vessel (also LOI 00-0048).

Similarly, §176.24(b) requires the carrier to retain a copy of the shipping paper for one year after it accepted it from the shipper.

There you have it:  The Dangerous Cargo Manifest.  A document that must be completed by the carrier and takes the place of the HazMat shipping paper on a vessel when in transportation.  The transportation of a HazMat by vessel adds extra levels of responsibility to compliance.  Make sure you’re in compliance with the Hazardous Material Regulations of the Pipeline and Hazardous Materials Safety Administration of the USDOT and/or the Dangerous Goods Code of the International Maritime Organization when you offer for transport or transport a hazardous material.

If a vessel is used for the storage of a hazardous material (§176.30(a)(8) reads, “storage of explosives or other hazardous materials”.  This is misleading.  Conversation with USDOT/PHMSA confirms that this passage can be interpreted to mean “all hazardous materials”) the following additional information must be included on the Dangerous Cargo Manifest:

First of all, the modal-specific regulations for carriage of HazMat by vessel at 49 CFR 174.24(a) forbid the transport a HazMat by vessel unless the carrier has received a shipping paper completed as required by 49 CFR 172 (see above).  That means that the shipper of a hazardous material must still create a shipping paper and provide it to the carrier even though the carrier will go on to create the Dangerous Cargo Manifest.

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One final note about the Dangerous Cargo Manifest:  Only a hazardous material subject to the Hazardous Material Regulations of the USDOT/PHMSA or a Dangerous Good subject to the Dangerous Goods Code of the International Maritime Organization may be included on the Dangerous Cargo Manifest.  No material that is not a HazMat or a Dangerous Good may be included on the Dangerous Cargo Manifest.

Are we done?  Not quite, two separate signatures certifying/acknowledging the information on the Dangerous Cargo Manifest must be present.

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Digital evidence includes, but is not limited to video footage, photos, audio, interviews, software applications etc.

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Pursuant to 49 CFR 172, Subpart C, the shipper of a hazardous material (HazMat) is required to prepare a shipping paper that – unless specifically excepted by the Hazardous Material Regulations – includes the following information:

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Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

Once again, no specific text for the acknowledgement is included in the regulations, so you can make up your own.  Here’s a suggestion:

This is to certify that I have supervised the preparation of this document and that the information related to the hazardous materials identified on it have been correctly transcribed from the shipping paper truthfully and accurately to the best of my knowledge and belief.

This subpart applies to persons who offer for transportation, accept for transportation, transfer or otherwise handle hazardous materials during transportation.

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