{"operation":"document","citation":"07-0037","title":"Horizon Lines — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-06-28","effective_on":null,"summary":"07-0037 response to Horizon Lines concerning 173.21, 176.76, 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0037.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0037.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0037","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070037.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Ave. SE\nWashington. DC 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUN 2 0 2007\nHorizon Lines\nMr. Cliff Bartley\nRef. No.: 07-0037\nBlount Island\n5800-1 William Mills Street\nJacksonville, FL 32226\nDear Mr. Bartley:\nThis responds to your February 1, 2007, letter regarding requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they apply to\nhazardous cargo moving in refrigerated/heated cargo containers (reefers) in the Alaska\ntrade during the winter months.\nYou state that heating hazardous cargo is sometimes necessary to avoid freeze damage to\nitems such as Class 3 (flammable) paints and other common hazardous cargo shipments\nin the Alaska market. These products can be damaged and rendered useless if subjected\nthat would not normally require temperature control during the warmer parts of the year\nto the freezing weather during the winter months. A reefer is required to provide heat to\navoid cargo damage. You ask if a standard refrigerated container operating in the heat\nmode may be used to transport hazardous cargo that requires temperature control for\nquality during the winter months.\nSection 177.834(I) establishes conditions for the use of cargo heaters when transporting\ncertain hazardous materials by motor carrier. Paragraph (I)(2)(iii) of this section sets\nforth restrictions for the use of automatic cargo-space-heating temperature control\nonly if the conditions in paragraph (1)(2)(iii)(A) of § 177.834 are met: (1) the electrical\ndevices. Such a device may be used when transporting Class 3 or Division 2.1 materials\napparatus in the cargo compartment must be non-sparking or explosion proof; (2) there\nmust be no combustion apparatus in the cargo compartment; (3) there must be no\nIn accordance with § 176.76(d), a transport vehicle or freight container equipped with\nCerimen may eratie guated in any bed perate an men contesel, nama the\n173.21\n176.76 (d)\n070037\n177.834\n\n<<<PAGE 2>>>\n\nliquid or gas unless it is designed to operate within an environment containing flammable\nvapors.\nIf the temperature-control equipment you utilize does not conform to the requirements\nspecified in the HMR, you may need to apply for a special permit under the procedures\nprescribed in 49 CFR 107.105.\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nEngrum\nFebruary 1, 2007\n5173-21 (G)(iii)\nMr. Ed Mazzullo\n$177.834\nDirector Office of Hazardous Materials\nUSDOT / PRMSA / DHM10\nHazardous Materials Standards\nLoading 7-0037\n° Unloading\n400 7' Street S.W.\nWashington, DC 20590\nRe:\nDear Mr. Mazzullo,\nWe, Horizon Lines, LLC, are a domestic containerized ocean transportation company that has roots that\ngo back as far as the late 1950's when containerization originated with Malcolm Mclean. We have and\nSALT\nare currently serving the containerized transportation needs of the domestic locations of Alaska, Hawaii,\nGuam and Puerto Rico. Hazardous cargo has been moving in refrigerated/heated cargo containers\n(reeters) in the Alaska trade during the winter months for many years. Heating hazardous cargo is\nsometimes necessary to avoid freeze damage to items such as class 3 paints and other common\nof the year in the Alaska market. These products can be damaged and rendered useless if subjected to\nhazardous cargo shipments that would not normally require temperature control during the warmer parts\nthe freezing weather during the winter months. Care has to be taken even in the lower 48 during the\nwinter to protect some hazardous cargo subject to freeze damage. A reefer is required to provide heat to\navoid cargo damage.\nhazardous cargo that require temperature control for quality during the winter months.\nIs there an issue with using a standard refrigerated container operating in the heat mode to transport\nThe HMR references 49CFR 177.834(L) and 173.21(G)(ii) in dealing with temperature control. Section\n173.21(G)(ii) directs you to the IMDG section chapter 7.7. The guidance in the IMDG under section\n7.7.6.1 - \"Special provisions for flammable gases or liquids having a flashpoint below 23°C c.c.\ntransported under temperature control read as follows:\n\"When flammable gases or liquids having a flashpoint below +23°C c.c. are packed or loaded in a cargo\ncomply with 7.7.3.\"\ntransport unit equipped with a refrigerating or heating system, the cooling or heating equipment shall\nSection 7.7.3 provide methods of temperature control but perhaps the method used most frequently used\nis a single mechanical refrigeration unit. Section 7.7.3.2 paragraph 3 reads as follows:\nlashe me lower tal nethe station the ried that the unise plus y elates ind, ror sulestial itiv\nare used within t'e cooling compartment to prevent ignition of flammable vapors from the substances;\"\nlashpoint lower than the surn of the emergency temperature plus\nHorizon Lines * Blount Island * 5809-! William Mills Street * Jacksonville, FL 32226 * 904-482-1701 * www.horizon-\nlines.com\n\n<<<PAGE 4>>>\n\nIt is clear the IMDG regulation was written for organic peroxides or self reactive substances and does\nnot really apply to general hazardous cargo since you generally are not looking at emergency\ntemperatures with standard flammable hazardous cargo. You will also note that this section is written\ncontainers to maintain stability for safety as opposed to being shipped under temperature control for\nwith the intent of keeping a product cool rather than heating it. This cargo is shipped in refrigerated\nquality purposes and to eliminate cargo losses.\nI have checked with several refrigeration container manufactures and they do not make equipment that\nis considered explosion proof.\nTheir units maintain temperatures between -20F and 80F. The\ntemperature maintenance is thermostatically controlled.\nThank you for your consideration of my question.\nSincerely,\nCliff Fritte\nCliff Bartley,\nManager Hazardous Materials\nCc:\nUnited States Coast Guard\n2100 2^° Street SW\nAttn: Rick Bornhorst\nRouting CG-3PSO-3\nWashington, DC 20593\nHorizon Lines * Blount Island * 5800-1 William Mills Street * Jacksonville, FL 32226 * 904-482-1701 * www.horizon-\nlines.com","truncated":false,"body_characters":6256}