AGFA Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration JAN 9 2002 Mr. James Gerace National Transportation Manager Ref. No. 01-0206 AGFA Corporation 100 Challenger Road Ridgefield Park, NJ 07660 Dear Mr. Gerace: This responds to a letter from Mr. Donald J. Sooy, FTS Industries, Inc., requesting clarification of the shipping paper requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Mr. Sooy asked that we respond directly to you. Mr. Sooy presented the following scenario: When ten (10) or more less-than-truckload shipments of hazardous materials are consolidated into a truckload shipment, a single bill of lading is prepared for the truckload shipment which contains only the city and state designation for each individual shipper's less-than-truckload shipment. For transportation to the final destination, a single bill of lading, as described above, and an envelope containing the individual shippers' bills of lading are provided to the carrier for the consolidated load. He asked if this procedure is in compliance with the HMR? Each person who offers a hazardous material for transportation must describe the hazardous material on a shipping paper in the manner prescribed in Subpart C of Part 172. Therefore, for the purpose of consolidating multiple hazardous materials shipments offered by different shippers, either a single shipping paper describing the consolidated materials, or each individual shipper's shipping paper containing the required descriptions may be used to satisfy the shipping paper requirements. A carrier may not accept a shipment of hazardous material for transportation unless a shipping paper is provided and prepared in accordance with §§ 172.201, 172.202 and 172.203. The carrier and each driver must ensure that the hazardous materials' shipping paper is readily available by clearly distinguishing the shipping paper, if it is carried with other papers of any kind, by tabbing it or by having it appear first. When the driver is at the vehicle's controls, the shipping paper must be within immediate reach while the driver is restrained by the lap belt, and either readily visible to a person entering the driver's compartment or in a holder mounted to the inside of the door on the driver's side. When the 172.202#

Page 2driver is not at the vehicle's controls, the shipping paper must be in a holder mounted to the inside door of the driver's side of the vehicle or on the driver's seat of the vehicle. The placement of individual shipping papers in "an envelope" is acceptable, provided the envelope is clearly distinguished, such as by marking or color, to indicate that the hazardous materials' shipping papers are enclosed and provided the envelope is maintained as required in § 177.817. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Aug. 9. 2001 3:06PM. FTS INDUSTRIES INC. 908 526 8740 No.0569 P. 2/3 Engrum 172.202 Shipping Paper INDUSTRIES, INC. 01-0206 STS Transportation, Inc. FTS Freight Trasfic Services ICS Warahousing The Logistics Group ICS Intermodal Consolidating Services, ino. May 31, 2001 ! Mr. Edward T. Mazzullo - Director RSPA Office of Hazardous Materials Standards (DHM-10) • U.S: Department of Transportation 400 Seventh Street S.W. • Washington, DC 20590-0001 RE: REQUEST FOR WRITTEN INTERPRETATION Dear Sir: I would greatly appreciate a written clarification/ response to the question/ circumstance outlined on the attached appendix. I may be reached at (800) 526-3972 Ext. 225. Kindly send your written response to: Mr. James Gerace National Transportation Manager AGFA Corporation 100 Challenger Road Ridgefield Park, NJ 07660 Thank you in advance for your assistance. Sincerely, Donald J. Sogy Cc: Mr. James Gerace, National Transportation Manager AGFA Corporation 100 Challenger Rd Ridgefield Park, NJ 07660 DJS:jrm Enclosure PO Box 1259 58 Chambers Brook Road 908-526-8700 Somerville. NJ 08876-1259 800-526-3972 200 Best Friend Court FAX 908-526-8740 Suite 220 770-734-9333 Norcross, GA 30071 FAX 770-734-9383 888-801-9333#

Page 4AuB. 9. 2001 3:06PM FTS INDUSTRIES INC. 908 526 8740 No. 0569° P. 3/3 APPENDIX Statement When pool truckload shipments (of hazardous materials) consisting of ten (10) or more less than truckload shipments are shipped from an origin point to a break bulk distribution location (motor carrier dock) at another point for transportation beyond the distribution point to final destinations a single bill of lading covering the truckload shipment is completed reflecting no descriptions of the products shipped Rather this bill of lading reflects the city and state designation of the individual less-than-truckload shipments which constitute the pool truckload shipment. At the time of pick up by the transportation carrier of the truckload shipment in addition to the bill of lading described above, an envelope containing the individual less-than- truckload bills of lading is given to the driver. The less than truckload bills of lading are completed in strict accordance with the Federal Hazardous Material Regulations. Question Is the procedure outlined above in accordance with Regulations? If not how may we change these procedures to be in compliance? the Hazardous Material INDUBYRIES, INC. -#