Safeway Transportation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 July 2, 2021 Mr. Richard Elliott Safety Director Safeway Transportation 3499 Suite A I-10 Frontage Rd Port Allen, LA 70767 Reference No. 21-0047 Dear Mr. Elliott: This letter is in response to your April 28, 2021, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. Specifically, you state that one of your company’s drivers was issued a citation for not being in compliance with the shipping paper requirements specified in § 172.203(c)(1) during an inspection. You state that at the time of inspection, the driver presented the enforcement official with two documents, which you have attached. You state that one of those documents, the “Delivery Order,” was mistakenly identified as the shipping paper by the enforcement official, and that the citation was issued because that document did not meet the requirements for documenting a hazardous substance. You further state that it is your opinion that the document titled, “Alternate Straight Bill of Lading” wholly represents a legal and correct shipping paper, and that the material specified on this document should not be identified as a reportable quantity (RQ). As defined in § 171.8, a “shipping paper” means a shipping order, bill of lading, manifest or other shipping document serving a similar purpose and prepared in accordance with subpart C of part 172 (see § 172.202) of the HMR. Both documents you have attached appear to contain the description of the hazardous materials being shipped, the quantity of material, the number and type of packages being used, and the emergency response telephone number. Only the document titled, “Alternate Straight Bill of Lading” contains a shipper’s certification. In accordance with § 172.204(a), all shipping papers must have a shipper’s certification statement certifying that the material is offered for transportation in accordance with the HMR printed (manually or mechanically) on the shipping paper. Section 172.204(b) provides additional provisions to this requirement. Specifically, § 172.204(b)(1) states that a shipper’s certification is not required for a hazardous material offered for transportation by motor vehicle and transported in a cargo tank#

Page 2supplied by the carrier. Your scenario would appear to meet this provision. Therefore, the shipper’s certification may not be used as a criterion to distinguish which document is the shipping paper. In addition, § 172.203(c)(2) requires that the letters “RQ” be entered on the shipping paper either before or after the basic description for each hazardous substance (see § 171.8). As defined in § 171.8, a hazardous substance means a material that is listed in Appendix A to § 172.101. The technical name listed on the documents you provided, “2-Methylundecanal,” is not listed in Table 1 to Appendix A in § 172.101 and should not be identified as a hazardous substance on a shipping paper. Finally, it is the opinion of this Office that both documents could be identified as shipping papers, and therefore must contain all required description information. 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 3Larson From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Request For Interpretation Date: Thursday, April 29, 2021 4:37:54 PM Attachments: PHMSA Document 3.pdf PHMSA Document 2.docx PHMSA Document 1.docx Safeway Transportation (002).pdf 21-0047 Hello Alice, Please see the interpretation request below as well as the attachments. Please let me know if you need anything else. Regards, -Breanna From: Richard Elliott [mailto:RElliott@safewaytransportation.net] Sent: Wednesday, April 28, 2021 2:24 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: FW: Request For Interpretation CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. From: Richard Elliott Sent: Wednesday, April 28, 2021 1:14 PM To: infocenter@dot.gov Subject: Request For Interpretation I have attached three(4) documents that detail the request for an Interpretation as to whether or not a document that I have submitted is considered to be a shipping paper. The question arose during a roadside inspection and I feel that the document is not to be considered to be a shipping paper due to the evidence I have submitted. Please let me know what you have decided on this matter, Thank you. Richard Elliott Safety Director 225-286-6103/ext 115- office 225-317-2812/ direct 225-412-9817/ fax#

Page 4Larson 21-0047 Safeway. 3499 SUITE A J-20 FRONTAGE ROAD * PORT ALLEN. LA 70767 » 225/387-8623 TRANSPORTATION PO. BOX 147 • PORT ALLEN, LA 70767-0147 REQUEST FOR LETTER OF INTERPRETATION I am requesting that PHMSA issue a letter of interpretation regarding the attached documents and explanation. The attached documents were given to us as a Shipping Paper and Delivery Order. The Shipping Paper (Straight Bill of Lading) has the information regarding the shipped product and wholly represents a legal and correct shipping paper. The Delivery Order has similar information on the product shipped and has extraneous information needed to complete the delivery of the product. The shipping description of the product on this document added the letters RQ to the front of the description, however the product is not an RQ. I feel that the Delivery Order does not represent a document that would be called a shipping paper and am asking an interpretation to verify that this document does not represent a shipping paper. It is clear that the two documents are not the same and they clearly state their purpose by virtue of the heading placed on the document. I have attached a complete description of both documents and have attached the actual documents that were presented at the time of the inspection. Please let me know the outcome of your decision on this matter. Thank you for your consideration. Richard Elliott Safety Director Safeway Transportation Port Allen, Louisiana 70767 relliott@safewaytransportation.net 225-317-2812 Attachments: Explanation of Documents Shipping Paper and Delivery Order REV 9-20#

Page 5Larson 21-0047 - - - - - Safeway. TRANSPORTATION 1400 SUITE A JO FRONTAGE ROAD * PORT ALLEN. LA 70767 * 225/387-662 1O. BOX 147 • PORT ALLEN. LA 70767-014 REQUEST FOR INTERPRETATION OF REGULATIONS CFR 49 PART 172 On 4-7-21 our driver was cited for a violation of CFR49 Part 172.203(c) (1) regarding two documents that he had pertaining to a shipment of Environmentally Hazardous Substance NOS, (2-Methylundecanal), Class 9, PGIII The driver presented the inspector with the shipping paper that he was given at the time he picked up the load. Attached to the Shipping Paper was a Delivery Order that had to be presented at time of delivery. The Shipping paper has a Header stating : Alternate Straight Bill of Lading-Short Form Original-Not Negotiable It has the date and Bill of Lading Number 6398, the name and address of the Shipper and the Consignee information. The body of the document has the following shipping description; 1- ISO Tank 2- UN3082, Environmentally Hazardous Substance, Liquid, N.O.S., (2-Methylundecanal), Class 9, PGIII 3- Net weight 41,500 Ibs 4- The document has a shipper certification with signatures and dates. 5- The document has an emergency response phone number. REV 9-20#

Page 6Attached to the Shipping paper is another document with the Header :Delivery Order The delivery order has similar information however it indicates the name of the carrier and the name of the party to whom the shipment is to be delivered. In the body of the document it contains a description of the product: 1 CNT ISOU 051412-2 RQ UN3082 Environmentally Hazardous Substance Liquid NOS (2-Methylundecanal) Class 9 PGIII All delays or emergencies please call NRS@914-422-3400/Before 8am and after 6pm please call Mary Chow @646-285-7110 /Domenico Masi @914-953-5748 Scale Light and Heavy The bottom of the document states: Original Delivery Order-Inland Freight -Prepaid freight No shipper certification or signature REV 9-20#

Page 7ALTERNATE STRAIGHT BILL OF LADING - Short Form ORIGINAL - Not Negotiable 3-March-2021 BILL OF LADING NUMBER: 6398 DATE: SHIP FROM (SHIPPER) CARRIER INFORMATION PAGE 1 CC 5200 Underwood Road CENTAURI Technologies, LP ISO Chemi (281) 474-4675 Pasadena, TX 77507 SHIP TO (CONSIGNEE) ISOtank number : 150U-051412-2 Firmenich Chemical c/o Just Tanx Serial number: 470 Skyler Vehicle number: Kearny, NJ 07032 EMERGENCY RESPONSE PHONE NO. 281-474-4675 Shipping No. HM + Kind of Packaging, Description of Articles, WEIGHT Units Special Marks And Exceptions (Subject to for Carriere CHARGES Correction) RATE (1) ISOTANK (BULK) ALDEHYDE MNA FR40 (MNA LIGHTS) Net Weight 41,500 Ibs X UN3082, ENVIRONMENTALLY HAZARDOUS SUBSTA- NCE, LIQUID, N.O.S., (2-METHYLUNDECANAL), CLASS 9, PG III GROSS TARE NET PRODUCT CODE: 907776 FIRMENICH PO# NUMBER: 4500860962/63 SEAL No. 9593208, 9593209 C.O.D. TO: REMIT COD Ami: $ 1 Prepard C.O.D. FE ADDRESS *If the shipment moves between two ports by a carrier by water, the law requires that the bill of NOTE: Where the rate is dependent on value, shipper's weight". lading shall state whether it is "carrier's or the agreed or declared value of the property. shippers are required to state specifically in writing Subject to Section 7 of conditions, if this shipment is to be delivered to the consignee without recourse on the consignor the The agreed or declared value of the property is consignor shall sign the following TOTAL "The carrier shall not make delivery of this shipment without Shipper's imprint in lieu of stamp; not a part of bill hereby specifically stated by the shipper to be not payment of freight and all other lawful changes." CHARGES $ FREIGHT CHARGES of lading approved by the Interstate Commerce exceeding ture of Consignor) • Freight Prepaid Check appropriate Besi a Collect RECEIVED, subject to the classifications and lawfully filed tariffs in effect on the date of the issue of receipt by the carrier of the property described in the Original bill of lading, the property described above in apparent good ordes, except as sales Commission of the property under the contract) agrees to carry to its usual place of delivery at said destination, if on its route, otherwise to deliver to another carrier on the route to said destination. It is mutually agreed as to each cattier of alt or any of, sails (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated above, which said carrier (the word carrier being understood throughout this contract as meaning any person or corporation in pressesen property over all or any portion of said route to destination and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subjert to all the terms and conditions of the uniform Domestic Straight Bill of Lading set forth (1) in Uniform Freight Classifications in effect on the date hereof, if this is a rail or rall-water shipment, or (2) in the applicable motor carrier classification or taviff if this is a motor camier Shipper hereby certifies that he is familar with all the terms and conditions of the said bill of lading, set forth in the classification or tariff which governs the transportation of this shipment, and the said terms and conditions are hereby agree to by the shipper and accepted for himself and his assigns. "This is to certify that the above named materials are properiy classified, described, packaged, marked and labeled, and are in proper condition for transportation according to the applicable regulatons ar the Department of Transportation, SHIPPER: CARRIER: CENTAURI Technologies, LP Sateway PER PER DATE freston Rudl Chitr 03•03:21 + MARK WITH "X" TO DESIGNATE HAZARDOUS MATERIAL AS DEFINED IN TITLE 49 OF FEDERAL REGULATIONS. For further details on SHIPPING HAZARDOUS MATERIALS FOR Federal Regulations, 49 CFR, Part 172.#

Page 8Avery Order ISOCHEM LOGISTICS LLO 290595 HOUSTON,TX 77078 1100 BEAUMONT HWY 3/2/2021 DATE OUR REF. NO Page 1 of 2 713-673-3909 TF0401646 0 THE MERCHANDISE DESCRIBED BELOW IMPORTING CARRIER LOCATION WILL BE ENTERED AND FORWARDED AS FOLLOWS: BL OR AWB NO. ARRIVAL DATE FREE TIME EXP FROM PORT OF ORIGIN AIRPORT 3/3/2021 ISOCHEM LOGISTICS LLC ph:713-673-3909 fax:0 LOCAL DELIVERY OR TRANSFER BY (DELIVERY ORDER ISSUED TO) DELIVERY BY L HAWB NO. ENTRY NO. FOR DELIVERY TO CUST. REF. NO. 5200 UNDERWOOD DR CENTAURI TECHNOLOGIES ROUTE PASADENA, TX 77059 LIQUID CARGO * ph:2814744675 NEWARK NJ 07105 21 HYATT AVE fax:0 em:0 NO. OF PKGS DESCRIPTION OF ARTICLES, SPECIAL MARKS & EXCEPTIONS WEIGHT 1 CNT DO NOT CNTR- TBA-03/03 @ 1PM ISOU 051412-2 8824.40000 Kg USE RQ UN3082, EVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S MNA LIGHT 41500.000006 (2-METHYLUNDECANAL) CLASS 9, PG111 EMERGENCY CONTACT CHEMTREC TEL NO. 1-703-527-3887/INSIDE THE US 800-4249300 CON: 14721 BEFORE 8AM AND AFTER 5PM PLEASE CALL MARY CHOW @ ANY DELAYS OR EMERGENCIES PLEASE CALL NRS @ 914-422-3400 / 646-265-7110/ DOMENICO MASI @ 914-953-5748 SCALE LIGHT & HEAVY ORIGINAL DELIVERY ORDER DOC. No.: TF0401646-00001 INLAND FREIGHT PrePaid PREPAID / COLLECT Received in Good Order By NRS LOGISTICS INC. Liability, including negligence is limited to the sum of $50.00 WHITE PLAINS, NY 10606 10 BANK ST. #1110 agreed to be paid in writing prior to shipping. per shipment, unless a greater valuation shall be paid for or PER: Akil Spruill (aspruill@nrslogistics.com) DELIVERY CLERK: DELIVER TO CARRIER SHOWN ABOVE IMPORTANT: NOTIFY US AT ONCE IF DELIVERY CANNOT BE EFFECTED AS INSTRUCTED.#