Fuchs Lubricants Co. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue; SE Washington, DC 20590 DEC 2 2 2016 Mr. Tony Celo Product Stewardship Specialist Fuchs Lubricants Co. 17050 Lathrop A venue Harvey, IL 60426 Reference No. 16-0140 Dear Mr. Celo: This letter is in response to your August 24, 2016, email and subsequent phone conversation , requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to combustible liquids. Specifically, you ask whether a non-bulk package reclassified as a combustible liquid may display the identification number and proper shipping name marking when transported domestically in accordance with § 173. l 50(f). You further explain the package is classified as a flammable liquid when transported internationally. Section 173.1 SO(f) specifies that a flammable liquid with a flash point at or above 100 °F and below 140 °F may be reclassed as a combustible liquid except when transported by vessel or aircraft. Combustible liquids in non-bulk packages are excepted from the requirements of the HMR (including marking and labeling) unless they meet the definition in § 171 .8 for a "hazardous waste" or "hazardous substance." Although it is not in violation of the HMR to display relevant markings or labels even when not required, please note this may create confusion in the enforcement or emergency response community. Such confusion may result in issuance of a ticket or frustration of your shipment. To avoid this confusion, we suggest one of the following options: 1. Remove, obliterate, or securely cover the identification number and proper shipping 2. name; or Leave the marking in place and provide an indication on the package or bill of lading that the material is not regulated for ground transportation in the United States. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Goodall, Shante CTR (PHMSA) From: Sent: To: Subject: j l_p - 0 / l{O Rivera, Jordan CTR (PHMSA) Wednesday, August 24, 2016 4:21 PM Hazmat Interps FW: 49 CFR 173.lSO(f) flammable/combustible liquid exception Hi Shante/ Alice, Please submit this as a letter of interpretation. Mr. Celo spoke with Jodi and Isaac. Please let me know if you have any questions. Thanks, Jordan From: Tony Celo [mailto:tcelo@fuchsus.com] Sent: Wednesday, August 24, 2016 2:32 PM To: INFOCNTR (PHMSA) Subject: 49 CFR 173.lSO(f) flammable/combustible liquid exception Hello, We are requesting a letter of interpretation regarding the flammable/combustible liquid exception for liquids with a flashpoint above 100°F. Under 49 CFR 173.lSO(f), flammable liquids can be treated as not regulated when shipped in non-bulk containers(< 119 gallons) via ground transport. Product that we ship with this exception indicate that they are non-hazardous. As part of our GHS label we have the UN/NA 1993 shipping description if it applies to a flammable liquid. Our transporters have gotten confused when they saw the UN/NA 1993 shipping description on our products even if they fall under the exception. We would like to keep the UN/NA 1993 shipping description on our products because we are not sure what our customer will do with the product. If the customer moves the flammable liquid out of the country it no longer falls under the exception and needs to be identified as a dangerous good. Our system that generates our GHS labels automatically puts the UN/NA 1993 shipping description on our labels and removing the phrase would be a burdensome. Our hazardous material transporters, such as UPS and FedEx, have stopped our shipments because they are confused by the UN/NA 1993 shipping description on products that fall under the exception. We would like some guidance on this topic. Can we have the UN/NA 1993 shipping description on our non-hazardous products under the 49 . CFR 173.lSO(f) combustible liquid exemption? If it is okay, we could provide the letter of interpretation to our transporters to clarify that we are in compliance with DOT under the exception. Regards, Tony Celo Product Stewardship Specialist Fuchs Lubricants Co. 17050 Lathrop Avenue Harvey, IL 60426 Office: 708-225-6859 tcelo@fuchsus.com www.fuchsus.com This e-mail may contain confidential an.d/or privileged information of FUCHS PETROLUB SE and/or its affiliates. If you are not the intended recipient or have received this e-mail in error. we kindly ask you to notify#

Page 3the sender immediately and to delete this e-mail and any attachment from your system Any unauthorized copying, disclosure or distribution of the material in this e-mail is strictly forbidden and may cause liability. Please be advised my email address has changed to: tcelo@fuchsus.com. Please make sure you change it in your address books. Thank You. Tony Celo FUCHS Lubricants Co. 2#