Horizon Lines — 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 OCT o 3 2012 Mr. Clifford Bartley Horizon Lines 5800-1 William Mills Street Jacksonville, FL 32226 Ref. No.: 12-0150 Dear Mr. Bartley: This responds to your July 11, 2012letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking requirements for cargo containers. Specifically, you state that your company ships refrigerated cargo in reefer containers. The reefer containers have safety markings (as pictured in your letter) on the back door of the container to provide guidance to equipment users. These marking are generally placed on the container by the manufacturer and have been noted on similar reefer equipment used by other container carriers. You ask if these markings would be a violation of§ 172.502(a)(2). The answer is yes. Displaying or affixing a sign, advertisement, slogan, or device on a transport vehicle or freight container that, by its color, design, shape, or content, could be confused with, or mistaken for, a hazard warning label or placard is prohibited under §§ 172.401(b) and 172.502(a)(2)) of the HMR. This prohibition is intended to limit the potential for dilution of hazard warning communication provided by the appropriate hazardous materials labels and placards. It is the opinion of this Office that the marking pictured in your letter is not sufficiently distinct from a placard referenced by the HMR. Therefore, this logo is prohibited under the provisions of §§ 172.401(b) and 172.502( a)(3 ). I hope this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, ~,#~~ T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking. Division#

Page 2Tuesday, June 19, 2012 Andrews Mr Charles Betts, Director of Hazmat Standards Office Hazardous Materials Standards USDOTPHMSA Attn:PHH-10 U.S. Department of Transportation, East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 ~J/2. 502(~)(2.) PI acav·d tnq I:L-tJ/60 Re: 49CFR172.502(a)(2)- Prohibited Placarding Dear 1t1r Betts, Our Company, Horizon Lines, LLC, is a domestic ocean container water carrier who ship containerized cargo to offshore domestic locations. We also ship refrigerated cargo in reefer containers that have safety markings on the back door of the container to provide guidance to the equipment user. The markings are generally placed on the container by the manufacturer and have been noted on similar reefer equipment used by other container carriers. Please provide guidance on whether the marking are a violation of 49CFR172.502(a)(2). Warning Marking Placards Size Color Symbols Hazard Class Shape Border Text 8X 8/203 mm Dark Yellow None None ·Diamond 1/4 inch Yz inch 10% X 10% or a minimum or 240 mm Light Yell ow Yes Yes Diamond 112 inch or 12.7 mm 1.6 Inches high or 41 mm Refrigerated contairrcrs or reefer~ rarely carry hazardous cargo so I have placed an Oxidizer placard on the back of a reefer container to illustrate the differences in the two attachments. The text on the marking is illegible at a distance of about 15 feet. Thank you for taking the time to provide guidance on this question. Sincerely, ~i~~ Manager Hazardous Materials Horizon Lines • Blount lsl9nd • 5800-.1 William Mills Street • .. Jacksonville. FL 32226 • 904.757.8266 • www horizon-lines. com#

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