Ms. Lisa Marquiss — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Special Programs Research and MAY 18 2004 Washington, D.C. 20590 Administration Ms. Lisa Marquiss 1800 East 1st Avenue Ref. No. 04-0088 Anchorage, Alaska 10031-9120 Dear Ms. Marquiss: This is in response to your letter of March 30, 2004, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a shipper is required by the HMR to sign the shipping paper more than once. Each person who offers a hazardous material for transportation shall certify that the material is offered for transportation in accordance with the HMR by printing (manually or mechanically) on the shipping paper containing the required shipping description, the certification contained in $ 172.204. The certification must of the shipper or his agent; and (2) may be legibly signed be legibly signed by a principal, officer, partner, or employee manually, by typewriter, or by other mechanical means. the certification statement) do not satisfy $ 172.204 (d) and are additional signatures on a shipping paper (not associated with not required under the HMR. I hope this satisfies your request. Sincerely, Office of Hazardous Materials Standards Standards Development 040088 112.204#

Page 2Carlite CARLILE TRANSPORTATION SYSTEMS, INC. (907) 276-7797 • FAX (907) 278-7301 1800 East 1st Avenue • Anchorage, AK 99501 BAH March 30, 2004 $172.204 (a) Edward Mazzullo USDOT, RSPA, DHM-10 Director, Office of Hazardous Materials Standards 400 Seventh Street S.W. Shipping Papers Washington DC 20590 047-0088 Dear Mr. Mazzullo, Please find attached a copy of our uniform straight bill of lading. The concern is see it. We requested that the shipper sign the shipper's certification statement around the shipper's certification. The bill of lading attached was tendered as you that is accompanied with a signature line. Their contention was that signing the "SHIPPERS" line at the bottom of the bill of lading constituted certifying the shipment. I had also made a request through the RSPA info-center and their response is as follows: Dear Lisa, The signature that is required by the Hazardous Materials Regulations (HMR; 49 CFR the above-named.. Parts 171-180) is the one (on the fax you sent) at the bottom left; "This is to certify that The shippers certification must be legibly signed by a principal, officer, partner, or .......". Any other signatures are not a requirement of the HMR. employee of the shipper or his agent; and (2) May be legibly signed manually, by typewriter, or by other mechanical means. I hope this helps. If you require further assistance, our Hazardous Materials Information Center is staffed with regulatory specialists who can quickly answer your questions by phone. Please do pm E.S.T. at (800) 467-4922 or (202) 366-4488. not hesitate to call, as the Information Center is open Monday through Friday, 9 am - 5 Sincerely, Arthur Pollack, Hazardous Materials Specialist Seattle Anchorage Kenai Seward Fairbanks Prudhoe Bay#

Page 3Page 2 where the shipper's certification statement resides constitutes certification. A November 21, 1994 interpretation states signing anywhere on the bill of lading I am requesting an interpretation of what RSPA views as a certified bill of lading based on the design of the attached bill of lading. Foa Margues Sincerely, Lisa Marquiss Carlile Transportation Systems Regulatory Compliance Director Attachment: Carlile bill of lading 1686872#

Page 4COMBINED UNIFCAM STRAIGHT BILL OF LADING AND FREIGHT BILL ORIGINAL - NOT NEGOTIABLE Carlite SO. BO seatte Terminal • 35225 Enchanted Parkway S Kenai Terminal (253)874-2633 Federal Way, WA 98003 1216 Bridge Access Road CONTROL NUMBER Kenai, AK 99611 Corporate Offices /Terminal TRANSPORTATION SYSTEMS, INC. FAX: (253) 874-8615 (907) 283-2884 1686872 1800 E. First Avenue Fairbanks Terminal FAX (907) 283-2294 Anchorage, AK 99501 Fairbanks, AK 99701 900 Aurora Drive Seward Terminal SHIPPER'S NUMBER (907) 276-7797 Mile 2 Nash Road FAX (907) 278-7301 (907) 451-7155 Seward, AK 99664 FAX (907) 456-5889 FAX (907) 224-3797 (907) 224-5413 ASLI- 0039 RECEIVED, Subject to the classilication and tariffs in effect on the date of the issue of this Bill of Lading. ICC NO. MC 153893 FROM BP EXPLOR A HON ALASKA AT WORthSTAR RUDHOE BANAK 99734 AGENT'S NO. the property described below, in apprent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned and destined as shown below, which said company (the word 907-652-8919 DATE 312-04 company being understood throughout this confract as meaning any person or corporation in possession of the property under the contract) agrees to carry to its usual place of delivery at said destination, if on its own railroad, water line, highway route or routes, or within the territory of Its highway operations, otherwise to deliver to another carrier on the route to said destination, it is mutually agreed, as to each carrier of all all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on back hereof, which are hereby agreed to by the shipper and accepied for himself and his assigns. or any of said property over all or any portion of said route to destination, and as to each party at any time interested in alt or any of said property, that every service to be performed hereunder shall be subject to CONSIGNED TO: BAKER PETROLTE (Mail or street address of consignee for purposes of notification onty.) ADDRESS 9100w. .w.215 STREET CITY ROUTE DELIVERING CARRIER SAnd SPRIngS, OK 74063 COLLECT ON DELIVERY 800-231 - 3604 TRAILER NO. TRUCK NO. A $ and remit to: Li Street. A Prepaid City State $P EXPlORATiON ALASICA Third Party Collect: PO BOX 196641 AncHoRnge AK 99519 Billing. NUMBER •City State Drive Proper. Shipping Name, Hazardous Class and ÚN or NA number for Hazardous Materials. DESCRIPTION OF ARTICLES, SPECIAL MARKS, AND EXCEPTIONS Collect PACKAGES COMBUSTIBLE Contents and condition of contents of packages unknown) (SUB. TO COR. **WEIGHT : RATE FREIGHT CHARGES Cranio, N.o.5. 494 NA 1993, P.SIT NISFACMAIN CHEMTREC 001074-16 300-424-9300 **|/ the shipment moves between two points by a carrier by water, the law requires that the bill of lading state whether it is carriers or Subject to Section 7 of conditions, if agreed or declared value of the property is hereby specifically stated by specifically in writing the agreed or declared value of the property. The here the rate is dependent on value, shippers are required to state this shipment is to be delivered to the consignor, the consignor shall sign the consignee without recourse on the to apply in Received$ _ charges on the property described prepayment of the SUBTOTAL he shipper to be not exceading (if intrastate, see Section 11): following statement: le carrier shall not make delivery and all other lawful charges. shipment without payment of treic hereon, Agent of Carrier C.O.D. labeled/placardad. SHIPPERS CERTIFICATION: This is to certity that the above-named FEE according to the applicable regulations of the Department of materials are properly classified, described, packaged, marked and Transportation. in proper, condition for transportation (Signature of Consignor) (the signature here acknowledges only the amount prepaid ADVANCES Signature of Shipper. .. RECEIVED the above specified *CONCENT ONTONE PRESENT AROUSMATERIALS property in apparent good order. AM TIME QMD TO APPLY PREPAID TELEPHONENUMBER_ EMERGENCY RESPONSE INFORMATION: 9300 X FÓR CONSIGNEE DATE TOTAL REFER TO DOT EMERGENCY RESPONSE GUIDE NUMBER: ORIGINAL BILL MUST ACCOMPANY CLAIM FOR OVERCHARGE, LOSS OR DAMAGE BALANCE DUE OR CAM BY DATE TIME PM (AM) DATE TIME PM#