Horizon Lines, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue. SE Washington, D.C. 20590 AUG 2 4 2609 Mr. Cliff Bartley Horizon Lines, LLC 5800-1 William Mills Street Jacksonville, FL 32226 Reference No. 09-0020 Dear Mr. Bartley: This is in response to your e-mail dated January 30,2009, asking us to consider harmonizing requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80) applicable to permit "UN 15 12, Zinc ammonium nitrite, 5.1 (oxidizer), PG 11" with requirements in the International Maritime Dangerous Goods Code (IMDG Code). We apologize for the delay in responding and any inconvenience this may have caused. As you note in your e-mail, the HMR permit the transportation of zinc ammonium nitrate by vessel while the IMDG Code prohibits such transportation. We are reviewing this issue and may consider addressing the inconsistency in a future rulemaking. I hope this satisfies your request. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2Drakeford, Carolyn <PHMSA> From: INFOCNTR <PHMSA> Sent: Friday, January 30, 2009 12:14 PM To: Drakeford, Carolyn <PHMSA> Subject: FW: Feedback: Hazardous Materials Table, Special Provisions, Hazardous Materials Communications Hi Carolyn, This gentleman is asking f0r.a letter of interp. He wants to know if DOT has considered any rulings on the particular UN number stated below in regards to the harmonization ruling. Tamikka Scott / PHMSA - BAH I Hazardous Materials Specialist ----- Original Message----- From: Vines, T'Mia <PHMSA> Sent: Thursday, January 29, 2009 4:30 PM To: PHMSA HM Infocenter Subject: FW: Feedback: Hazardous Materials Table, Special Provisions, Hazardous Materials Communications T'Mia Vines Pipeline and Hazardous Material Safety Administration United States Department of Transportation Telephone: (202) 366-9818 I take nothing for granted ... I now have only good days or great days. ----- Original Message----- From: PHMSA-Feedback [mailto:PHMSA-Feedback] Sent: Thursday, January 29, 2009 4:28 PM To: PHMSA Webmaster Subject: Feedback: Hazardous Materials Table, Special Provisions, Hazardous Materials Communications I have a puzzling question which is creating havoc with my "harmonized" computer data base. The IMDG list UN1512, Zinc Ammonium Nitrite, 5.1 with special provision #900 which indicate that the cargo is "Prohibited" from shipment. The DOT, on the other hand, in 49CFR list the cargo with no significant restrictions. As a matter of fact, under the recently passed final rule of HM215J, it is listed on the "revise" page where there was a change in the special provisions IBC codes. Will this be a UN number that will be harmonized with the IMDG at some time? This does not make sense to a domestic water carrier. ----------- Name: Cliff Bartley Organization: Horizon Lines, LLC Email: cbartley@horizonlines.com Address: 5800-1 William Mills Street City: Jacksonville Zip Code: 32226 Phone: 904-482-1761 Country: USA FAX: 904-482-1726#