# Horizon Lines — Hazardous Materials Safety Interpretation

- **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:** Not available
- **summary:** 03-0148 response to Horizon Lines concerning 172.500.
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- **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>>>

U.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 2>>>

automobile" 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 3>>>

Monday, 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
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