Sea Star Line LLC — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Administration Materials Safety ПСТ 16 2007 Mr. Shawn Burke Sea Star Line LLC Manager, Terminal Operations Ref. No. 07-0155 Elizabeth, New Jersey 07207 Dear Mr. Burke: This responds to your August 9, 2007 fax requesting clarification on the definition of ventilation related terms under the Hazardous Materials Regulations (HMR; 49 CFR Parts "mechanically ventilated" holds in vessels under the HMR. 171-180). Specifically, you ask for the definitions of "ventilated", "well ventilated", and Generally, there are two types of ventilation for a cargo hold: mechanical ventilation and natural ventilation. Mechanical ventilation can be simply defined as power-generated ventilation. For Safety of Life at Sea (SOLAS) vessels, this typically means at least six air vapors from the upper or lower parts of the cargo space. This definition can be found in changes per hour in the cargo space, based on an empty cargo space, and the removal of SOLAS Chapter II-2 Regulation 19. Natural ventilation is simply ventilation that is not power-generated. This type of ventilation usually takes the form of openings, vents, or Under the HMR, "ventilated" means the removal of dangerous vapors and gas from the cargo hold. Either natural or mechanical ventilation may be used provided the ventilation system has the capacity to prevent a dangerous accumulation of vapors or gases. For purposes of the Part 176 of the HMR, "well ventilated" has the same meaning as "ventilated." I hope this answers your inquiry. Sincerely, 2A89X Chief, Standards Development Office of Hazardous Materials Standards 171.8 176.305(011) 070155#

Page 2Drakeford, Carolyn <PHMSA> From: Sent: INFOCNTR <PHMSA> Subject: To: Drakeford, Carolyn <PHMSA> Thursday, August 09, 20074:44 PM Boothe FW: Interpretation 3|71. 8 Bennissep Wants a written letter of Interp. -----Original Message----- 07-0155 From: shawnburke@seastarline.com [mailto: shawnburke@seastarline.com] To: INFOCNTR <PHMSA> Sent: Thursday, August 09, 2007 4:30 PM Subject: Interpretation To who it may concern: I am interested in an interpretation / definition of the terms "ey alated 49, taras 00 to 185 as tay a ve cach listed ad and "mechanically ventilated" holds as distinct stowage provisions in the CFR. I was unable to find definitions in the CFR or on the PHMSA website. reply Many thanks for your assistance this matter I look forward to your Respectfully Submitted Mr. Shawn Burke Manager - Terminal Operations Sea Star - Elizabeth / Houston (908) 965-0601#

Page 3• Boothe, Deborah <PHMSA> Sent: From: Boothe, Deborah <PHMSA> 'Richard.C.Bornhorst@uscg.mil' Tuesday, October 09, 2007 9:10 AM Subject: RE: 07-0155 Boothe, Deborah <PHMSA> Importance: High Richard, Thank you! Have a great day! Deborah Boothe Transportation Regulations Specialist 202-366-4478 PHMSA/Office of Hazardous Materials Standards PHH-10 From: Richard.C.Bornhorst@uscg.mil [mailto:Richard.C.Bornhorst@uscg.mill -----Original Message----- Sent: Tuesday, October 09, 2007 8:49 AM Subject: RE: 07-0155 To: Boothe, Deborah <PHMSA> Deborah, need anything else. The interpretation looks good. I'm sorry I haven't responded sooner. Let me know if you Chemical Engineer Richard C. Bornhorst Hazardous Materials Standards (202) 372-1426 U.S. Coast Guard From: deborah.boothe@dot.gov[mailto:deborah.boothe@dot.gov] •----Original Message----- To: Bornhorst, Richard Sent: Friday, October 05, 2007 3:17 PM Subject: FW: 07-0155 Cc: deborah.boothe@dot.gov Importance: High Good afternoon Richard, 'm just following up to see how your review/concurrence is progressing on clarificatio etter Ref. No. 07-0155 on ventilation. Thank you again for your review/concurrence Have great weekend. Deborah From: Boothe, Deborah <PHMSA> To: Bornhorst, R Sent: Tuesday, September sopranbor 13, 2007 2:55 pm Subject: 07-0155 Cc: Boothe, Deborah <PHMSA> Importance: High 1#

Page 4• Good afternoon Richard, Attached is the letter on ventilation with your revisions/edits incorporated. Please Chank you again for your assistance. Hope you're having a great day. review/concur for grid purposes if you concur with this version of the letter/response. Deborah Boothe DOT / PHMSA Office of Hazardous Materials Standards/PHH-10 2#

Page 5USCO Input 60r 07-0155 Boothe, Deborah <PHMSA> From: [Richard.C.Bornhorst@uscg.mil] Richard.C.Bornhorst@uscg.mil on behalf of Bornhorst, Richard Sent: To: Wednesday, August 22, 2007 9:51 AM Subject: RE: Request for assistance on interp letter Ref. No. 07-0155: Definitions of "ventilated", "well Boothe, Deborah <PHMSA> ventilated" and "mechanically ventilated" Deborah, I received the fax. will try to answer... slightly different meanings given the context or lower parts of the cargo space. the cargo space, based on an empty cargo space, Regulation 19. ventilation usually takes the form Natural ventilation is simply ventilation that is not power-generated. of openings, vents, or goosenecks in the cargo hold. This type of gas from the cargo hold. In the context of the HMR, I take "ventilated" to mean the removal of dangerous vapors and the ventilation system has the capacity to prevent a dangerous accumulation of vapors or Either natural or mechanically ventilation may be used provided this term is only used in a three locations in Part 176: 176.93 (d), 176.84 (b) Code 84, and I take "well ventilated" to mean the same thing as "ventilated." To my knowledge 176.400 (b). I did a search for Code 84 and it is not assigned to single entry in the reference in 176.400 (b) refers to the stowage of organic peroxides. I think the use of Hazardous Materials Table. The reference in 176.93 (d) could simply be "ventilated." The additional requirements. "well" here is simply to stress the importance of ventilation rather than impose mechanically ventilated under SOLAS. Furthermore, organic peroxides are not required to be likely how it found its way into the HMR. It should also be noted that the vague terminology also appears in the IMDG Code and is in the Code but there has not been wide support for prescriptive ventilation requirements. Attempts have been made to provide definitions interpretation with the idea that the definition may vary depending on the context of the Since this interpretation request is fairly general/vague in nature I would caveat the reference in the HMR and the hazardous materials to be carried. Let me know if you need anything else. Best Regards, Richard C. Bornhorst Chemical Engineer U.S. Coast Guard lazardous Materials Standards (202) 372-1426 From: deborah.boothe@dot.gov[mailto:deborah.boothe@dot.gov] -----Original Message-- 2007 1:33 PM "ventilated", "well ventilated" assistance on interp letter Ref. No. 07-0155: Definitions of Importance: High "mechanically ventilated"#

Page 6"Thanks Richard. I just faxed the incoming request for interpretation to you a couple of Deborah minutes ago. Have a great weekend. -----Original Message----- From: Richard.C.Bornhorst@uscg.mil [mailto:Richard.C.Bornhorst@uscg.mil] To: Boothe, Deborah <PHMSA› Sent: Friday, August 17, 2007 11:23 AM Definitions of "ventilated", subject: RE: Request for assistance on interp letter Ref. No. 07-0155: "well ventilated" and "mechanically ventilated' My fax #: 202-372-1926 Chemical Engineer Richard C. Bornhorst Hazardous Materials Standards U.S. Coast Guard (202) 372-1426 --Original Message---.-- rot: Friday, August 17, 2007 11:18 Adeboran. boothe@dot.gov To: Bornhorst, Richard 2007 11:18 A Sebjections Requent at stand entinated enter Rehanically ventilated" Definitions of Importance: High "ventilated", "well ventilated" If you would rather we fax number, I'll fax to my supervisor, DOT/PHMSA/Office of HazMat Stds/PHH-10 Deborah Boothe 202-366-4478 From: Richard.C.Bornhorst@uscg.mil [mailto:Richard.C.Bornhorst@uscg.mil] -----Original Message----- Sent: Friday, August 17, 2007 11:03 AM Definitions of "ventilated" Deborah, Team hate to hop old and not feast fad dized ye company oaki pass how to I am happy to help out any way I can. interpretation request and I will get back to you with some guidance. Richard C. Bornhorst Hazardous Materials Standards Chemical Engineer (202) 372-1426 U.S. Coast Guard -----Original Message----- To: Bornhorst, Richard Sent: Friday, August 17, 2007 10:49 AM Cc: deborah. boothe@DOT.GOV Definitions of "ventilated", "well ventilated" and Subject: Request for assistance on interp letter Ref. No. "mechanically 07-0155: 2#

Page 7-Importance: High Good morning, definitions of: "ventilated", "well ventilated", and "mechanically ventilated", holds I've been assigned to draft a response to a request for an interp that asks for the regarding vessel stowage under the HMR. in the HMR and I have not found any specific definitions for these terms. Houston, Texas. definitions for these terms or can you give me some language to use to define each of Do you have any approximately two weeks to complete my first draft response. So, any information you can I'd appreciate any assistance in completing my first draft response. give me before the end of August would be greatly appreciated! Thank you very much for your assistance. Have a great day and weekend. Deborah Boothe DOT/PHMSA/Office of HazMat Standards/PHH-10 1200 New Jersey Ave, SE Washington, DC 20590 202-366-4478#