What does 49 CFR 171.4 (Marine pollutants) require?

Short answer

49 CFR 171.4 requires that no person may offer for transportation or transport a marine pollutant in intrastate or interstate commerce except in accordance with the requirements of this subchapter, with certain exceptions.

The rule says

"Except as provided in paragraph (c) of this section, no person may offer for transportation or transport a marine pollutant, as defined in 171.8, in intrastate or interstate commerce except in accordance with the requirements of this subchapter." (49 CFR 171.4(a))

"The requirements of this subchapter for the transportation of marine pollutants are based on the provisions of Annex III of the 1973 International Convention for Prevention of Pollution from Ships, as modified by the Protocol of 1978 (MARPOL 73/78)." (49 CFR 171.4(b))

In plain English

This regulation aims to prevent pollution from ships by controlling the transportation of marine pollutants. It requires that marine pollutants be transported in accordance with specific requirements, which are based on international conventions. There are exceptions for certain types of transportation, such as non-bulk packagings transported by motor vehicle, rail car, or aircraft, and for small quantities of marine pollutants. The regulation also requires that the transportation of marine pollutants meet the provisions of MARPOL 73/78, which is an international convention for preventing pollution from ships.

What to do

• Ensure that all marine pollutants are transported in accordance with the requirements of 49 CFR 171.4.
• Train staff on MARPOL 73/78 requirements and ensure all transportation meets these standards.
• Implement a compliance program that ensures all marine pollutants are transported according to 49 CFR 171.4.
• Review and update vessel operations to ensure compliance with 49 CFR parts 171-179.