Horizon Lines, LLC — Hazardous Materials Safety Interpretation

Page 1• of Transportation U.S. Department Special Programs Research and FEB 2 2004 400 Seventh St., S.W. Washington, D.C. 20590 Administration Mr. Cliff Bartley Ref. No. 03-0325 Manager, Hazardous Materials Horizon Lines, LLC 5800-1 William Mills Street Jacksonville, Florida 32226 Dear Mr. Bartley: This responds to your December 11, 2003 fax requesting clarification on shipping fertilizer under § 176.415(b)(1) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification on acceptable packaging for shipping "Ammonium Nitrate, 5.1, Rico. UN 1942, PG III" without a permit under § 176.415(b)(1) by vessel from Florida to San Juan, Puerto According to your letter, your cüstomer cannot comply with all of the requirements of a U.S. Coast Guard permit under § 176.415(a) due to the nature of the company's operations. Your customer currently ships the product in plastic 50-pound bags. They wish to use inexpensive combination packagings as authorized in § 173.213 to ship their material without a permit in order to comply with § 176.415(b)(1). They also wish to use combination packaging that will allow them to stack the cargo for maximum utilization of space in a 20-foot metal cargo container. You ask what combination packagings are acceptable, and, what is considered an "non combustible" packaging, e.g., a 5H4 bag? Based on the information you provided, it is the opinion of this Office that any of the packagings authorized in § 173.213 are acceptable for transporting this product. However, the HMR do not specifically define a "non combustible packaging" It is our opinion that if a packaging burns or ignites from a flammable ignition source, it is combustible. Therefore, your options may be the use of combination packagings with metal, glass, or earthenware inner packagings, or compliance with the U.S. Coast Guard permit requirements in § 176.415(a). I hope this answers your inquiry. Sincerely, The Int Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 173,213 176.415(1)(4) 030325 .. .:: 41#

Page 2DEC 11 '03 17:46 FR S-L JAX SALES 904 751 8373 TO 12023663012 P.02 Boothe 8173.213 *a cagings Thursday, June 20, 2002 03-0325 US DOT / RSPA / DHM-10 Mr. Edward Mazullo 400 7" Street SW Washington, DC 20590 Re: Packaging Details for UN1942 Dear Mr. Mazullo: One of our customers wishes to move Ammonium Nitrate, 5.1, UN1942, PGIII with our is moving in plastic 50 - pound bags. packaged in rigid packaging with non combustible inner packaging. The cargo currently The packaging regulations indicate that the shipper is at liberty to utilize combination packaging consisting of the outer and inner packaging combination listed in 173.213 for determining factor in certifying that the plastic bags that the cargo currently is moving in non-bulk slpments. What combination is acceptable for this fertilizer? What is the for combustibility for solid packaging? is non combustible? Is a 5H4 bag considered "non combustible»? What is the definition a maximum of 40,000 pounds per container. He would like to use inexpensive The customer will move this cargo in a 20-foot metal cargo container. He wishes to load combination packaging that will allow him to stack the cargo for maximum utilization of space in the contairier. Thank you for your assistance. Sincerely, Cliff Bartley, Manager Hazardous Materials/ Maintenance CSX Lines, LLC#