Compania SudAmericana De Vapores — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington, D.C. 20590 JAN 2 5 2010 Mr. Hector Alvarez The CSA V Group Dangerous Goods & Documentation Department Compania SudAmericana De Vapores Sotomayor 50 2362335 Valparaiso Chile Ref. No. 09-0104 Dear Mr. Alvarez: This responds to your letter requesting clarification and guidance on the correct application of the stowage requirement "shade from radiant heat" in the context of containerized cargo on container ships. Specifically, you expressed your understanding that a closed cargo transport unit does not need to be shaded by means of a structural erection or an awning in accordance with § 176.63(b) ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and Appendix 1 to Chapter 7.1 ofthe International Maritime Dangerous Goods (lMDG) Code because the cargo transport unit itself provides shade for the packages or material contained therein. Your understanding is correct. Structural erections or awnings are not required to protect cargo transport units from radiant heat when stowed on the weather deck of a container ship or any other ship type. The requirements contained in §173 .63(b) ofthe HMR and paragraph 7.1.1.13 ofthe IMDG Code generally apply to packages or articles stowed on the weather deck without any other means of protection from strong sunlight. Nonetheless. due consideration should be given to the heat sensitivity ofthe contents within the cargo transport unit and, when necessary, stowage locations in the top tier or in outermost row ofcontainers should be avoided. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Hattie L. Mitchell Chief. Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2Page 1 of2 Drakeford, Carolyn <PHMSA> S+e e.n S "~~•..•".m~~~""""~~_.'·~~""""""'~~_•• "'·'·'·' .....................~_ •....... From: INFOCNTR <PHMSA> Sent: Monday, May 04, 20092:42 PM To: Drakeford, Carolyn <PHMSA> Subject: FW: Shade form radiant heat on full container vessels Importance: High ~112-. lol ~ If (p ·1..n3 (0) Vlsse ( From: halvarez@csavgroup.com [mailto:halvarez@csavgroup.com] 00-0104 Sent: Monday, May 04,2009 12:15 PM To: PHMSA HM InfoCenter Cc: jorgediaz@csavgroup.com; dg.help@csavgroup.com Subject: Shade form radiant heat on full container vessels Importance: High Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Dear Mr. Mazzullo, We address this message to the PHMSA in order to clarify the term "shade from radiant heat" when applicable to containers transported on full container ships. In our opinion, a closed container exceeds the minimum criteria, as follows: Concept: Shade from radiant heat Type of ship: Full container vessel Type of cargo: in containers The IMDG Code defines "shaded" in the Appendix 1, Deck Stowage, item (2). The minimum requirement is to cover the top of the package. On these grounds any freight container meeting the "Closed Container Transport Unit" definition exceeds the minimum requirement, consequently any CCTU packed with packaged dangerous goods that need to be "SHADED FROM RADIANT HEAT" does not need any extra measure to meet the regulatory criteria. This is applicable to any CCTU including insulated/double shell portable tanks. On same grounds single shell/uninsulated portable tanks and open CTUs do require to have a container on top to meet the requirement. The CFR 49, in § 176.63 (b), last paragraph, reads "the stowage must be protected from the direct rays of the sun by means of structural erections or awnings except that such protection is not required for shipment in portable tanks." As the initial reference is made to the Table 172.101, we understood this sentence as associated to packages which leads us to the same interpretation done above for the IMDG Code, although there is no a picture to clarify that the awning is only need on top and not on the sides. It also excludes the portable tanks. We will appreciate to receive the PHMSA interpretation and guidance on the correct use of the term "shade from radiant heat" for containerized cargoes on full container ships. Contact Information: 5/412009#

Page 3Page 2 of2 Name: Hector Alvarez Organization: Companla SudAmericana de Vapores Street Address: Sotomayor 50 City: Valparaiso State: Country (International Only): Chile Zip Code: 2362335 E-mail Address:halvarez@csavgroup.com Telephone Number: +56-32-2203580 Fax Number: +56-32-2203938 Than~ngyouinadvance Hector Alvarez The CSAV Group Dangerous Goods & Documentation Department Tel 56-32-220 3580 I Fax 56-32-220 3938 5/4/2009#