HOYER Global Transport BV — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave, S.E. Washington, D.C. 20590 Pipeline and Hazardous Material Safety Administration APR 13 2010 Mr. Peter Hordijk Transport Safety Advisor HOYER Global Transport BV Boyleweg 6 3208 KA Spijkenisse The Netherlands Ref. No.: 09-0118R Dear Mr. Hordijk: This in response to your May 13, 2009 letter inquiring about the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to import shipments to the United States. Specifically, you ask whether a bulk packaging containing a combustible liquid with a flash point of 79°C (174 OF) may be imported into the United States from outside of North America using a proper shipping name followed by an identification number with an "NA" prefix and if the use of NA 1270 with the proper shipping name, "Petroleum Oil" would be appropriate for the shipment of a combustible liquid imported into the United States. The answer is yes. Section 171.22(c) requires a material that is designated as a hazardous material under the HMR, but excepted from or not subject to international hazardous materials regulations, to be transported in accordance with all applicable requirements of the HMR. Identification numbers in the NA series are associated with descriptions not included in the international regulations. Therefore, the proper shipping name "Petroleum Oil" with the identification number NA 1270 may be used for petroleum oil that meets the definition for a combustible liquid under the HMR and is transported to, from or within the United States. I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, ~ Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2Drakeford, Carolyn <PHMSA> From: INFOCNTR <PHMSA> Sent: Wednesday, May 13,20099:29 AM To: Drakeford, Carolyn <PHMSA> Subject: FW: Hazardous Materials Table. Special Provisions, Hazardous Materials Communications Importance: High Attachments: LPA170.pdf From: Peter Hordijk [mailto:Peter.Hordijk@Hoyer-Global.com) Sent: Wednesday, May 13, 2009 8:09 AM To: PHMSA HM InfoCenter Cc: Allen Dawson; Peter Hordijk Subject: Hazardous Materials Table, Special Provisions, Hazardous Materials Communications Importance: High Good day, We have a question in relation to the use of the "Combustible Liquid, N.O.S." as a proper shipping name (PSN) together with an UNNR Due to an ongoing discussions with customers, we would like to know what the opinion is of the Hazardous Materials Information Centre in order to end the discussions. Attached an MSDS of one of our customers with the reason for the discussion of this topic. The customer states in section 14 (Transport information): Quote DOT UN1268. Petroleum distillates, N.O.S., Combustible Liquid, PG 1\1 This product is regulated as a hazardous material according to the Department of Transportation in bulk quantities (greater then 119 gallons per package) only. lATA not regulated IMDG not regulated Unquote Above mentioned information will cause confusion for authorities and emergency response teams outside the US due to the use of an UNNR with Combustible Liquid instead of a NA entry from the Hazardous Material Table. When we have a look at Chapter 172.101(e), it is explaining the proper use of the UN and NA number. It states that in case an UNNR is used, the proper shipping name is considered appropriate for international transportation as well as domestic. But as this product is not a hazardous material for international transport, the product MSDS should mention a DOT CFR49 proper shipping name, which can be recognised globally as a Hazardous Material for US domestic transport only. With the use of a UNNR the carrier might recognise this as a Hzardous Material according to the IMDG Code with a Class 3. But a Flashpoint of 79°C is not recognised as hazardous for international regulations. What we think might be a solution is the use of NA 1270, with the PSN Petroleum Oil which might rule out any misunderstanding in the PSN. Would you kindly review this case and advise us in return which options we have to solve this matter with our customer? 5/13/2009#

Page 3Page 2of2 Many thanks in advance for your co...operation in this matter. In case any additional information is needed, please do not hesitate to contact our Houston office, Mr Allen Dawson, who is copied in this email as well and knows the case. Contact detaifs: HOYER Global Transport US, Houston Office Mr Allen Dawson Global Technical Mgr. &SSHEQ +1281 8531007 Kindest Regards, Peter J Hordijk Transport Safety Advisor HOYER Global Transport BV Boyleweg 6 3208 KA Spijkenisse The Netherlands Email: p_~ter. hordijls@!J~yer-g!Qbalcom Phone: +31 181691754 DISCLAIMER All business is subject to: 1) Comblcon conditions, containing a jurisdiction clause electing the District Court of Rotterdam as the competent forum, will be applicable In case a HOYER Global Transport Bill of Lading will be issued, 2) Fenex conditions. containing an Arbitration clause, will be applicable for all forwarding services and all services and/or activities not being covered by the Combicon conditions. The information contained in this communication is confidential and may be legally privileged. It is intended sofely for the use of the individual or entity to whom it is addressed and others authorised to receive it. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or taking any action in reliance on the contents of this Information is strictly prohibited and may be unlawful. HOYER Global Transport BV, its subsidiaries and all other companies within the HOYER Group are neither liable for the proper and complete transmission of the information contained In this communication nor for any delay in its receipt. HOYER Global Transport B.V., Boyleweg 6, 3208 KA-Spljkenlsse - The Netherlands P.O. Box 15, 3200 AA - Spijkenisse - The Netherlands Telephone: +31 (0) 181 691 600 Fax: +31 (0) 181 691 699 VAT NL 001242465B01 Chamber of Commerce Rotterdam Number 2411398 5/13/2009#