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 SEP 1 3 2012 Mr. Cliff Bartley Manager, Hazardous Materials Horizon Lines, LLC Blount Island 5800-1 William Mills Street Jacksonville, FL 32226 Reference No.: 12-0201 Dear Mr. Bartley: This is in response to your April 20, 2012letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You note that for transportation by water§ 173.203(i)(2) requites the minimum flash point, if 60 oc (140 °F) or below (in oc closed cup (c.c.)) to be entered on the shipping paper in association with the basic description. You ask whether this requirement applies to Division 2.1 flammable gas. The answer is no. The definition of flash point as provided in§ 173.120(c)(1) is the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with the air near the surface of the liquid. Therefore, the HMR § 172.203(i)(2) requirement that for transportation by water, the minimum flash point must be entered on the shipping paper, applies only to liquids. If the material is appropriately classed as Division 2.1, the flash point does not apply. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. rr1~~· Delmer Billings Senior Regulatory Advisor Standards and Rulemaking Division#

Page 2HORIZON L I N E s SM Friday, April20, 2012 Mr Charles Betts, , Director of Hazmat Standard$ Office Hazardous Materials Standards USDOTPHMSA ! Attn: PHH-10 i U.S. Department of Transportation, East Building 1200 New Jersey Avenue, SB. Washing, DC 20590-0001 \ Re: 49CFR172.203(i)(2) - T~ansportation by water Dear Mr Betts, I Our Company, Horizon Line$, LLC, is a domestic ocean container water carrier who ship containerized cargo to offshore domestic locations. There is beginning to develop some confusion in reference to 49dFR172.203(i)(2) as it applies to class 2.1 cargo. The regulations in essence state that for carriagd by water, the shipping paper must include the flash point if the ! cargo has a "Minimum flashpoint if60 °C (140 °F) or below (in oc closed cup (c.c.)) in association with the basic de~cription". l The requirement to provide t~e flash point for class 3 flammable liquid cargos is a standard practice in the vessel transpott:ation industry but there has developed some confusion as to whether this requirement is t<} be equally applied to class 2.1 flammable gas cargo. The regulations seems to indicate lthat this flashpoint requirement pettain to only class 3 flammable liquid cargo based on the de.Qnition in 49CFR171.8 for the flash point as well as the reference and information in 49CFR17$.120. A requirement for a flash point for class 2.1 also seem to be in conflict with 49173.115 asjit defines class 2.1. 1 Please advise whether 49CF1172.203(i)(2) applies to class 2.1 flammable gas cargo. I Thank you for your help in t*s matter. Regards, '//;/c, ,l- ( ~/'i/'£LL1~j . J CliffB~ley Manager Hazardous Horizon Lines, LLC Horizon Lines • Blount lslancJ • 1 Vv'HHan1 M1lis Street • Jacksonvn;e, FL 32226 • 904. ?5l.826e • www.hori.zon~Jines.conl#