{"operation":"document","citation":"03-0148","title":"Horizon Lines — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-01-23","effective_on":null,"summary":"03-0148 response to Horizon Lines concerning 172.500.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0148.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0148.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0148","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030148.pdf","body":"<<<PAGE 1>>>\n\nU.S. Deparment\nof Transportation\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nJAN 23\nWashington, D.C. 20590\n2004\nAdministration\nMr. Cliff Bartley\nHorizon Lines\nRef. No. 03-0148\nBlount Island\n5800-1 William Mills Street\nJacksonville,\nFL 32226\nDear Mr. Bartley:\nThis\nis in response to your request for clarification of the\nrequirements under the Hazardous Materials Regulations (HMR;\napplicable to \"Vehicles, flammable liquid powered,\" 'UN3166,\n49 CFR Parts 171-180) regarding certain requirements\nbeing transported in freight containers.\nYou state that the\nshipment meets the requirements in S$ 173.220 and 176.905.\nYour questions are paraphrased and answered below.\nrequired by § 176.905 (a) (5), is required only for shipments\nQ1. It is my understanding that a warning label, as\nbeing transported by vessel and is not required for\nshipments being transported by rail or highway. Is this\ncorrect?\nA1.\nYes.\nthe total amount of the hazardous material is no more than\n22. Most vehicles weigh in excess of 3,000 pounds; however,\n1/4 of a tank.\nIf the total weight indicated on the\nshipping paper includes the vehicle, is a shipment being\nrequired to display a Class 9 placard?\ntransported as \"Vehicles, flammable liquid powered,\" UN3166\nA2.\n$ 173.220 are excepted from placarding (see $ 173.220 (£) (1)\nNo.\nVehicles being transported in accordance with\nand\n(f) (2)).\nFor\n\"Vehicles,\nflammable\nliquid powered, \"\n172.500\n030148\n\n<<<PAGE 2>>>\n\nautomobile\" or \"1 automobile in freight container\" on the\nindicating the total weight, for example,\nshipping paper,\nplacarding requirements.\ndoes not subject the shipment to the\noffice if you need additional assistance.\nI hope this information is helpful. Please contact this\nSincerely,\nto the a. Mitthell\nRegulatory Review and Reinvention\nHattie I. Mitchell, Chief\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMonday, June 16, 2003\n6/30/03\nMr. Ed Mazzullo\nMCIntyre\nDirector Office of Hazardous Material\nHazardous Materials Standards\n§172-500f)(9)\nUSDOT / RSPA / DHM10\n400 7' Street S.W.\nWashington, DC 20590\nPlacaraino\nRe: 49CFR172.500(f)(9) - Class 9 Placarding\n13-0148\nDear Mr. Mazzullo,\nautomobiles that are flammable liquid fuel powered and, moving in the domestic trade\nWe are involved as an containerized cargo ocean carrier in the transportation of\nlane over water. The cargo moves in containers under \"UN3166, Vehicle, Flammable\nLiquid Powered\" and it meets the requirements of 49CFR173.220 & 49CFR176.906 1\nincluding the hazardous fuel limitations of ¼ tank, accèss door marking and key removal.\nIn reading the referenced sections in the Code of Federal Regulations title 49, I\nunderstand that a warning label on the access door of the container is not required for\nmovement by rail or highway based on 49CFR173.220(e)(2) but it is required for\nmovement by water under 49CFR176.905(a)(5). It is also my understanding that\nrail and water shipments based on 49CFR172.500(f)(9):\nalthough the cargo moves as a class 9shipment, no class 9 placards are required for truck,\nPlease confirm the regulations on the shipments of \"UN3166, Vehicles Flammable\nLiquid Powered\" in containers as it pertains to placarding and markings. I also need\nclarification on the weight of the shipment. Most vehicles weigh in excess of 3000\npounds but the total weight is not the hazardous portion of the cargo. In addition,\nindicating a weight of this magnitude may render the shipment as bulk and thereby make\nit subject to the placarding regulations.\nPlease provide guidance on the following:\n• What weight is to be taken into consideration and declared when describing the\n» Do Class 9 vehicles moving in containers require placarding? 4) vortE\ncargo on a shipping document?\n- Is the warning label required for highway and rail modes of transportation? - som\nYour comments will ease the movement of this cargo through the transportation chain.\nSincerely,\nCliff Bartley.\nManager Hazardous Materfals/ Maintenance\nHorizon Lines • Blount Island • 5800-1 William Mills Street • Jacksonville, FL 32226 • 904.757.8266 • www.horizon-lines.com\n232","truncated":false,"body_characters":4092}