Seaboard Marine, LTD — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE Materials Safety Pipeline and Hazardous Administration SEP 27 2007 Seaboard Marine, LTD Mr. John P. Plasencia Ref. No.: 07-0137 8001 NW 79 Avenue Miami, FL 33166 Dear Mr. Plasencia: This is in response to your letter dated July 3, 2007 concerning the definition of hazmat employee under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if employees who maintain and repair freight containers, reefer containers, flat racks, and chassis that are owned and/or leased by your ocean carrier company meet the definition of a hazmat employee under the HMR. You state that the employees in question do not load, unload, classify, mark, label, placard, transport or accept hazardous fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container or A hazmat employee, as defined in § 171.8, includes a person who designs, manufactures, packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce. Based on the information you provided, the employees in question do not meet the definition of a hazmat employee unless the equipment that these employees maintain and repair includes packages, containers, or packaging components that are represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce. I hope this information is helpful. Sincerely, hmA. Gale. Chief, Standards Development Office of Hazardous Materials Standards 171.8 070137#

Page 2Drakeford, Carolyn <PHIMSA> Sent: From: INFOCNTR < PHMSA> To: Tuesday, July 03, 2007 3:47 PM Eichenlaub Subject: Drakeford, Carolyn <PHMSA> FW: Information Center Comments/Questions $171.8 Definitions See below this man wants a written letter of interp. 7/3 RB 07-0137 From: john_plasencia@seaboardmarine.com [mailto: john_plasencia@seaboardmarine.com] -----Original Message----- To: INFOCNTR < PHMSA> Sent: Tuesday, July 03, 2007 2:46 PM Subject: Information Center Comments/Questions Completed by phone 7/3/07 3:18pm - CL (left vm) Below is the result of your feedback form. (john_plasencia@seaboardmarine.com) on Tuesday, July 3, It was submitted by 2007 at 14:46:16. PLASENCIA Email: john_plasencia@seaboardmarine.com Name: JOHN P. PLASENCIA Category: General Information, Regulations, and Definitions (Sections 171.1 - 171.21) Organization: SEABOARD MARINE, LTD. Street: 8001 NW 79 AVE City: MIAMI State: Florida Zip Code: 33166 Phone: 305-370-5110 Fax: 305-579-9162 Comments: Subject: Definition of "hazmat employee" fleet Scenario: We are an ocean carrier with a fleet of owned and/or operated vessels, and a containers, reefer containers, flat racks, and chassis (no tanks at all though). of drivers (contracted owner/operators). We also own and/or lease freight Question: May the following employees be considered as empioyees do not load, unload, classify, mark, label, placard, transport or accept "hazmat employees"? (Note: these hazmat) : containers) - vehicle mechanic (i.e. works on the vehicles that transport chassis' and freight - reefer container maintenance & repair mechanic - freight container maintenance & repair mechanic - freight container sweepers (i.e. sweeps out returning empty freight containers) - chassis maintenance & repair mechanic under the topic of "HAZCOM") (Note: In general, the aforementioned employees are instructed by our Safety (OSHA) I respectfully request your interpretation on the subject matter. Thank you in advance.#