Horizon Lines — Hazardous Materials Safety Interpretation

Page 1U.S. Deparment of Transportation 400 Seventh St., S.W. Special Programs Research and JAN 23 Washington, D.C. 20590 2004 Administration Mr. Cliff Bartley Horizon Lines Ref. No. 03-0148 Blount Island 5800-1 William Mills Street Jacksonville, FL 32226 Dear Mr. Bartley: This is in response to your request for clarification of the requirements under the Hazardous Materials Regulations (HMR; applicable to "Vehicles, flammable liquid powered," 'UN3166, 49 CFR Parts 171-180) regarding certain requirements being transported in freight containers. You state that the shipment meets the requirements in S$ 173.220 and 176.905. Your questions are paraphrased and answered below. required by § 176.905 (a) (5), is required only for shipments Q1. It is my understanding that a warning label, as being transported by vessel and is not required for shipments being transported by rail or highway. Is this correct? A1. Yes. the total amount of the hazardous material is no more than 22. Most vehicles weigh in excess of 3,000 pounds; however, 1/4 of a tank. If the total weight indicated on the shipping paper includes the vehicle, is a shipment being required to display a Class 9 placard? transported as "Vehicles, flammable liquid powered," UN3166 A2. $ 173.220 are excepted from placarding (see $ 173.220 (£) (1) No. Vehicles being transported in accordance with and (f) (2)). For "Vehicles, flammable liquid powered, " 172.500 030148#

Page 2automobile" or "1 automobile in freight container" on the indicating the total weight, for example, shipping paper, placarding requirements. does not subject the shipment to the office if you need additional assistance. I hope this information is helpful. Please contact this Sincerely, to the a. Mitthell Regulatory Review and Reinvention Hattie I. Mitchell, Chief Office of Hazardous Materials Standards#

Page 3Monday, June 16, 2003 6/30/03 Mr. Ed Mazzullo MCIntyre Director Office of Hazardous Material Hazardous Materials Standards §172-500f)(9) USDOT / RSPA / DHM10 400 7' Street S.W. Washington, DC 20590 Placaraino Re: 49CFR172.500(f)(9) - Class 9 Placarding 13-0148 Dear Mr. Mazzullo, automobiles that are flammable liquid fuel powered and, moving in the domestic trade We are involved as an containerized cargo ocean carrier in the transportation of lane over water. The cargo moves in containers under "UN3166, Vehicle, Flammable Liquid Powered" and it meets the requirements of 49CFR173.220 & 49CFR176.906 1 including the hazardous fuel limitations of ¼ tank, accèss door marking and key removal. In reading the referenced sections in the Code of Federal Regulations title 49, I understand that a warning label on the access door of the container is not required for movement by rail or highway based on 49CFR173.220(e)(2) but it is required for movement by water under 49CFR176.905(a)(5). It is also my understanding that rail and water shipments based on 49CFR172.500(f)(9): although the cargo moves as a class 9shipment, no class 9 placards are required for truck, Please confirm the regulations on the shipments of "UN3166, Vehicles Flammable Liquid Powered" in containers as it pertains to placarding and markings. I also need clarification on the weight of the shipment. Most vehicles weigh in excess of 3000 pounds but the total weight is not the hazardous portion of the cargo. In addition, indicating a weight of this magnitude may render the shipment as bulk and thereby make it subject to the placarding regulations. Please provide guidance on the following: • What weight is to be taken into consideration and declared when describing the » Do Class 9 vehicles moving in containers require placarding? 4) vortE cargo on a shipping document? - Is the warning label required for highway and rail modes of transportation? - som Your comments will ease the movement of this cargo through the transportation chain. Sincerely, Cliff Bartley. Manager Hazardous Materfals/ Maintenance Horizon Lines • Blount Island • 5800-1 William Mills Street • Jacksonville, FL 32226 • 904.757.8266 • www.horizon-lines.com 232#