CMA CGM (America), LLC. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JUN O 3 2016 Chris Godfrey CMA CGM (America), LLC 5701 Lake Wright Drive Norfolk, VA 23502 Ref. No. 16-0005 Dear Mr. Godfrey: This responds to your letter of January 5, 2016 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Maritime Dangerous Goods (IMDG) Code applicable to consignments of fish meal transported by vessel. Specifically, you ask whether a laboratory analysis certificate is considered a certificate issued by a "recognized authority" in accordance with Special Provision 928 of the IMDG Code ("SP 928"). SP 928 states, "The provisions of this Code shall not apply to... consignments of fish meal which are accompanied by a certificate issued by a recognized competent authority of the country of shipment or other recognized authority stating that the product has no self- heating properties in packaged form" [emphasis added]. Based on this Office's understanding of the IMDG Code provision, it does not require an approval from the competent authority to ship fish meal as not regulated. Further, it is our opinion that a laboratory analysis certificate is sufficient to be considered a certificate issued by a "recognized authority." Therefore, in accordance with SP 928, a consignment of fish meal transported by vessel would not be subject to the provisions of the IMDG Code if accompanied by a laboratory analysis certificate specifying that. the shipment has no self-heating properties in packaged form. Please note that, under § 173.22 of the HMR, it is the shipper's responsibility to properly class and describe a hazardous material. In addition, provided all or part of the movement is by within the U.S. in accordance with the requirements of the IMDG Code and all applicable vessel, hazardous materials may be offered for transportation or transported to, from, or requirements of Part 171, Subpart C. See §§ 171.22, 171.23, and 171.25. I hope this answers your inquiry. If you need additional assistance, please contact this Office again. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Lesko IMDG 5 / 71,25 16-0005 CMA CGM January 5, 2016 Mr. Charles E. Betts Director, Standards and Rulemaking Division U.S. Department of Transportation Pipeline Hazardous Materials Safety Administration Attn: PHH-10 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590-0001 Subj: REQUEST FOR INTERPRETATION OF SPECIAL PROVISION (SP) 928 OF THE IMDG CODE Dear Mr. Betts, I am writing to request an interpretation of IMDG Special Provision (SP) 928. SP 928 excepts consignments of stabilized fishmeal which are accompanied by a certificate issued by a recognized competent authority of the country of shipment or other recognized authority stating that the product has no self-heating properties when transported in packaged form. A laboratory analysis certificate from Thionville Laboratories, LLC, accompanies our shipper's consignments (example enclosed). Would such a laboratory analysis certificate be considered a certificate issued by a "recognized authority" and thus the shipment is not subject to the provisions of the IMDG Code if accompanied by this or a similar certificate? We have encountered a recent issue with the Chinese MSA (Maritime Safety Administration) in Nansha. MSA authorities in Nansha have reported that they will not identify organizations like Thionville Laboratories as a recognized authority because they are not listed in IMDG 7.9. Chinese CNS (Chinese National Standards) GB12268-2012 classifies "Fish meal, stabilized" as UN2216, IMDG Class 9 and there is no exemption or special provision of CNS similar to SP 928 to allow for the shipment of stabilized fishmeal as non-hazardous cargo. 5701 Lake Wright Drive • Norfolk, VA 23502-1868 • Tel: (757) 961-2100 • Fax: (757) 961-2151 CMA CGM (America) LLC#

Page 3Subj: REQUEST FOR INTERPRETATION OF SPECIAL PROVISION (SP) 928 OF THE IMDG CODE MSA officials have stated the possibility of an exemption, "if an official letter, interpretation or certificate", from US DOT/PHMSA or the USCG stating that organizations like Thionville Laboratories LLC can be classified as a recognized party to issue non-hazardous cargo certificates for fishmeal. Many thanks for your time and attention with this matter. Sincerely, c. Mathey Chris Godfrey Manager, Hazardous Department/Dangerous Cargo Office, Norfolk Safety, Security & Environmental (SSE)/Compliance CMA CGM (America) LLC Legal Department 5701 Lake Wright Drive Norfolk, VA 23502 usa.cgodfrey@cma-cgm.com Direct: 757-961-2665 Fax: 718-304-1577 Enclosure: Example Non-Hazardous Cargo Certificate 5701 Lake Wright Drive • Norfolk, VA 23502-1868 • Tel: (757) 961-2100 • Fax: (757) 961-2151 CMA CGM (America) LLC#

Page 4Official Weighers and Inspectors For: THIONVILLE SOCIETAN OIL CHEMISTS® Referee Chemists: DISE PRODUCTE OF PUBLIC WEIGHER, Official Chemists: THIONVILLE LABORATORIES, LLC CHEMISTY INSTITUTE OF PROCESS ATION Independenl & Official Weighers, Samplers, Chemists COCHAUBER OF ASSOCIATE DERERS N.O. BOARD OF TRADE New Orleans, LA 70183-0687, U.S.A. P.O. Box 23687 Now orlans, LA 19123, US.A. FAX: (504) 733-6457 (504) 733-9603 operations@thionvillenola.com AFTA & FOSFA Superintendent & Analys AUGUST 19,2015 NON HAZARDOUS CARGOES CERTIFICAIE OUR FILE NO. COMMODITY : 10160 : MENHADEN FISHMEAL PORT OF LOADING : NEW ORLEANS, LA: U.S.A. LOT NUMBER PORT OF DISCHARGE : BEIJAO, CHINA : P01E000103 PACKING : 8 CONTAINERS IN BAGS DATE OF PRODUCTION : JULY 11, 2015 SAMPLED ON : JULY 28, 2015 SAMPLED AT : DAYBROOK FISHERIES, INC. : THIONVILLE SURVEYING CO. LLC 136 DAYBROOK ROAD, EMPIRE, LA SAMPLED BY Analysis Results The results of the analysis are as listed below: TEST AOCS METHOD RESULES Moisture AOCS Ba 2-38 Fat AOCS Ba 3-38 7.70 PCT The Antinguin) AOAC 996.13 524 PPM 9.62 PCT Date of Production: JULY 11, 2015 Temperature of fishmeal was above 80°F at the time of leading. Based upon the above analysis, we state the following: "We certify to the best of our knowledge and belief, that at time of meets the requirements set forth by the Code of Safe Practice for solid bulk sampling, based upon the above analysis, that the condition of the product cargoes (BC Code), 1998 Edition." Further, no self-heating properties when THIONVILLE LABORAZORIES, LLC Respectfully Submitted, FILE NO. 10160 ТАВ/адр LAB NO. G-22027 Deya Abutting 07/20/15 1615 Boyce H, Butler, Laboratory Director any inaccuracy or error in any report or certificate issued by Thionville or by its surveyors or other agents or employees, or any error of judgment, default, omission, negligence or breach of warranty Neither Thionville nor its Officers, Directors or Committee members nor its surveyors, representatives or agents are under any circumstances whatsoever to be held responsible or legally liable lo either express or implied, including warranty of workmanlike service, arising or allegedly arising out of services of Thionville, its surveyors or other employees, representatives or agents.#