ShipMate, Inc. — Hazardous Materials Safety Interpretation

Page 1S. Departme! Transportatio 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and dministratio lazardous Materials Safet MAY - 8 2006 Mr. Steven Charles Hunt Ref. No.: 06-0041 18436 Hawthorne Blvd, Suite 201 ShipMate, Inc. Torrance, CA 90504 Dear Mr. Hunt: This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if § 171.12(b)(2) authorizes a material originating as a hazardous material in Denmark to be reoffered for transportation in the United States when described, marked, and labeled in accordance with the International Maritime Dangerous Goods (IMDG) Code. You indicate the material will be reoffered for transportation within the United States as a non-regulated material in accordance with the exception provided in Special Provision 47. Section 171.12(b)(2) authorizes a material that is classed, packaged, marked, labeled, placarded, described, stowed and segregated, and certified in accordance with the IMDG Code to be offered for transportation anr: transported in the United States under certain conditions. To take advantage of this provision, all or part of the transportation must be by vessel (§ 171.12(b)(1)). In your situation, assuming the final destination is a storage facility in the United States, requirements and originating in Denmark to be transported into the United States and § 171.12(b)(1) authorizes a vessel shipment prepared in accordance with the IMDG Code then transferred to the storage facility i micated on the shipping paper by any mode of transportation (i.e., air, highway, rail, or vessel). However, once the shipment reaches the storage facility, you may not reoffer the material for ground or air transportation in the United States unless the shipment conforms to applicable HMR requirements. Special Provision 47 excepts small shipments of mixtures of solids and flammable liquids from regulation under the HMR under certain conditions. Packages transported in accordance with Special Provision 47 need not be marked or labeled. However, nothing in the HMR prohibits such packages from being marked or labeled provided the marks and labels are consistent with the hazard of the material contained in the package. In the situation you describe, it appears the hazardous material is properly represented by the marks and labels affixed to the package in accordance with IMDG Code requirements. Therefore, you may re-offer the material for transportation within the United States in accordance with Special Provision 47 without removing the marks or labels from the 173.22 060041#

Page 2package. You should be aware, however, that because your shipment will not be r otherwise frustrate its transportation. To avoid this problem, we suggest the followins companied by a shipping paper, the marks and labels on your package may cause delay 1. Remove, obliterate, or securely cover the marking and labeling and take full 2. Leave the marking and labeling in place and ship the material in accordance with advantage of the exception provided by Special provision 47; or the HMR without taking advantage of the exception provided by Special Provision 47. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Elon Mozullo Edward T. Mazzullo Director, Office of Hazardous Materials Standards#

Page 3Supko 18436 Hawthorne Blvd, Suite 201 ShipMate, Inc. ShipMate® $173.22 Torrance, CA 90504 Dangerous Goods Phone: 310-370-3600 Training & Consulting Shipper's • Fax: 310-370-5700 Responsibil tEmailishipmate@shipmate.com February 1, 2006 06-0041 Mr. Edward T. Mazzullo U.S. Department of Transportation Research and Special Programs Administration 400 Seventh Street, SW Washington, DC 20590-0001 Subj: Request for Letter of Interpretation Dear Mr. Mazzullo: Save Coad, Palatin, IL 0067-6266, oh one 80) 44 Pi, ser, Wider-Step ren eroducts Co., 200 East - which is considered "regulated" for transport by the manufacturer in Denmark, yet is not regulated for The Petitioner respectfully requests a letter of interpretation regarding the marking and labeling of a product transport in the United States. regulated by 49 CFR subchapter C, but which are marked and labeled according to the International Maritime Title 49 CFR, Code of Federal Regulations, §171.12(b)(2) permits substances and articles that are not Dangerous Goods (IMDG) Code may be shipped within the United States without having to remove the marks and labels. The Petitioner requested an interpretation regarding the classification of the products that it currently offers for transport within the United States. The petitioner believes that the material is not regulated for transport. The Research and Special Programs Administration (RSPA) agreed in their Letter of Interpretation. (Enclosure 1) believes that the IMDG Code excepts the material for transport by special provision, the manufacturer insists However, the Petitioner also receives material from a manufacturer in Denmark. Although the Petitioner and labels each package as such. The Petitioner sent a copy of the enclosed RSPA Letter of Interpretation to that the product is "regulated" for transport in Denmark and for export. Accordingly, the manufacturer marks both the manufacturer and the Danish Maritime Authority (DMA). The DMA response made note of the manufacturer's classification yet had no comment on the U.S. interpretation. It appears that the Danish of the IMDG Code for export from Denmark. (Enclosure 2) Maritime Authority then recognizes the material as a "regulated" material for transport under the provisions The Petitioner receives these goods as "regulated" materials but intends to reoffer them for transport within the United States as excepted by 49 CFR §172.102, Special Provision 47. However, it is prohibitively requests an interpretation of 49 CFR §171.12(b)(2) which authorizes these materials in be offered for expensive to repackage the materials for transport within the United States. Accordingly, the petitioner transport in the U.S. when described, marked and labeled in accordance with the IMDG Code. to its intended destination within the United Sates; however, does this provision allow the same products to Be Presumably this provision exists to permit such substances to be imported into the United States and delivered reoffered for transport when the shipment originates and terminates within the United States? Hazardous Materials Training • Information Systems • Compliance Inspections & Audits • Shipping & Regulatory Software:#

Page 4ShipMate* Training r Corsicing Dangerats Goods Mr. Edward T. Mazzullo Subj: Request for Letter of Interpretation February 1, 2006 Page 2 of 2 If the Pipeline and Hazardous Materials Safety Administration (PHMSA) determines that the marks and Your assistance in this matter would be most appreciated. If I may be of assistance in any way, please call. We look forward to your response. incerely yours Steven ShipMate, Inc. Cc: Mr. Michael Sweeney, Weber-Stephen Products Co. Hazardous Materials Training • Information Systems • Compliance Inspections & Audits • Shipping & Regulatory Software#