Horizon Lines — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Ave. SE Washington. DC 20590 Materials Safety Pipeline and Hazardous Administration JUN 2 0 2007 Horizon Lines Mr. Cliff Bartley Ref. No.: 07-0037 Blount Island 5800-1 William Mills Street Jacksonville, FL 32226 Dear Mr. Bartley: This responds to your February 1, 2007, letter regarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they apply to hazardous cargo moving in refrigerated/heated cargo containers (reefers) in the Alaska trade during the winter months. You state that heating hazardous cargo is sometimes necessary to avoid freeze damage to items such as Class 3 (flammable) paints and other common hazardous cargo shipments in the Alaska market. These products can be damaged and rendered useless if subjected that would not normally require temperature control during the warmer parts of the year to the freezing weather during the winter months. A reefer is required to provide heat to avoid cargo damage. You ask if a standard refrigerated container operating in the heat mode may be used to transport hazardous cargo that requires temperature control for quality during the winter months. Section 177.834(I) establishes conditions for the use of cargo heaters when transporting certain hazardous materials by motor carrier. Paragraph (I)(2)(iii) of this section sets forth restrictions for the use of automatic cargo-space-heating temperature control only if the conditions in paragraph (1)(2)(iii)(A) of § 177.834 are met: (1) the electrical devices. Such a device may be used when transporting Class 3 or Division 2.1 materials apparatus in the cargo compartment must be non-sparking or explosion proof; (2) there must be no combustion apparatus in the cargo compartment; (3) there must be no In accordance with § 176.76(d), a transport vehicle or freight container equipped with Cerimen may eratie guated in any bed perate an men contesel, nama the 173.21 176.76 (d) 070037 177.834#

Page 2liquid or gas unless it is designed to operate within an environment containing flammable vapors. If the temperature-control equipment you utilize does not conform to the requirements specified in the HMR, you may need to apply for a special permit under the procedures prescribed in 49 CFR 107.105. I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, Office of Hazardous Materials Standards#

Page 3Engrum February 1, 2007 5173-21 (G)(iii) Mr. Ed Mazzullo $177.834 Director Office of Hazardous Materials USDOT / PRMSA / DHM10 Hazardous Materials Standards Loading 7-0037 ° Unloading 400 7' Street S.W. Washington, DC 20590 Re: Dear Mr. Mazzullo, We, Horizon Lines, LLC, are a domestic containerized ocean transportation company that has roots that go back as far as the late 1950's when containerization originated with Malcolm Mclean. We have and SALT are currently serving the containerized transportation needs of the domestic locations of Alaska, Hawaii, Guam and Puerto Rico. Hazardous cargo has been moving in refrigerated/heated cargo containers (reeters) in the Alaska trade during the winter months for many years. Heating hazardous cargo is sometimes necessary to avoid freeze damage to items such as class 3 paints and other common of the year in the Alaska market. These products can be damaged and rendered useless if subjected to hazardous cargo shipments that would not normally require temperature control during the warmer parts the freezing weather during the winter months. Care has to be taken even in the lower 48 during the winter to protect some hazardous cargo subject to freeze damage. A reefer is required to provide heat to avoid cargo damage. hazardous cargo that require temperature control for quality during the winter months. Is there an issue with using a standard refrigerated container operating in the heat mode to transport The HMR references 49CFR 177.834(L) and 173.21(G)(ii) in dealing with temperature control. Section 173.21(G)(ii) directs you to the IMDG section chapter 7.7. The guidance in the IMDG under section 7.7.6.1 - "Special provisions for flammable gases or liquids having a flashpoint below 23°C c.c. transported under temperature control read as follows: "When flammable gases or liquids having a flashpoint below +23°C c.c. are packed or loaded in a cargo comply with 7.7.3." transport unit equipped with a refrigerating or heating system, the cooling or heating equipment shall Section 7.7.3 provide methods of temperature control but perhaps the method used most frequently used is a single mechanical refrigeration unit. Section 7.7.3.2 paragraph 3 reads as follows: lashe me lower tal nethe station the ried that the unise plus y elates ind, ror sulestial itiv are used within t'e cooling compartment to prevent ignition of flammable vapors from the substances;" lashpoint lower than the surn of the emergency temperature plus Horizon Lines * Blount Island * 5809-! William Mills Street * Jacksonville, FL 32226 * 904-482-1701 * www.horizon- lines.com#

Page 4It is clear the IMDG regulation was written for organic peroxides or self reactive substances and does not really apply to general hazardous cargo since you generally are not looking at emergency temperatures with standard flammable hazardous cargo. You will also note that this section is written containers to maintain stability for safety as opposed to being shipped under temperature control for with the intent of keeping a product cool rather than heating it. This cargo is shipped in refrigerated quality purposes and to eliminate cargo losses. I have checked with several refrigeration container manufactures and they do not make equipment that is considered explosion proof. Their units maintain temperatures between -20F and 80F. The temperature maintenance is thermostatically controlled. Thank you for your consideration of my question. Sincerely, Cliff Fritte Cliff Bartley, Manager Hazardous Materials Cc: United States Coast Guard 2100 2^° Street SW Attn: Rick Bornhorst Routing CG-3PSO-3 Washington, DC 20593 Horizon Lines * Blount Island * 5800-1 William Mills Street * Jacksonville, FL 32226 * 904-482-1701 * www.horizon- lines.com#