Roy Kluthe — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration April 4, 2024 Mr. Roy Kluthe 8712 North Decatur St. Unit 503 Portland, OR 97203-5457 Reference No. 23-0075 Dear Mr. Kluthe: This letter is in response to your July 5, 2022, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. Specifically, you ask whether a shipping paper containing columns may include a company slogan or other non-regulatory information directly below the shipping description. You provided an example of a shipping paper, and below is a redacted excerpt with the text you are concerned about: Units HM Description of Materials, Special Weight Marks and Exceptions 1 T/T X Delivery No: 12345678 Order: 1234567 UN 1830 SULFURIC ACID, 8, II RQ (Sulfuric acid) ERG GUIDE No. 137 O/Y Order ref: 86588/ SULFURIC ACID 93% TECHNICAL BULK 50000 LB Excellence in Performance # Pride in Achievement In general, company slogans and additional information that are not part of the shipping description must be placed after the information required under § 172.202(a). In the example you provided, the text “Excellence in Performance # Pride in Achievement” is clearly not part of the basic description and also not interspersed in the description. Provided the additional non-regulatory information is not inconsistent with the required shipping description, it is the opinion of this Office that—in the specific example you provided in your letter—the additional non-regulatory information would not be a violation of the HMR. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Steven Andrews Acting Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Pollack 23-0075 July 5, 2022 Mr. Shane Kelley. Requesting a written response, to the question below, if you would, pléase. Is a company motto allowed in the description column of a Hazmat bill of ladling? Sending a copy of the bill of lading in question. Please Note: The last line "Excellence in Performance # Pride in Achievement". My argument is that, mottos, company logos or promotions are not allowed in the "Description of Materials, special Marks and Exceptions" column. Only information related to the chemical itself. Company mottos can go with the letterhead around the perimeter or water marked. But not in the body of the bill. Recall learning this years ago but can't find anything in print to back it up. I could be wrong. Would your office please send me a ruling or explanation. Thank you. Roy Kluthe 8712 N. Decatur St. #503 Portland, Oregon 97203 roykluthe@gmail.com#

Page 3Bill of Lading -Short Farm - Not begotiable MANIAMAN NVA Eco Services Operations Corp i be subject to the terms and conditions of the Uniform Domest: Straight 8d of Lading set forth (2) in Uniform Freight Classification if effect on the date hereof, E his is a rail or property over ali 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 hereun 2002 Timberloch Place water shipment, or (2) in the applicable motor carrier classification or tariff if this is a motor carrier shipment. hipper hereby certifies that he is familiar with all the terms and conditions of the said bill of lading, including those on the back thereof, set forth in the classification of tarif whis The Woodlands, TX 77380 overns the transportation of this shipment and the sald terms and conditions are hereby agrsed to by the shipper and accepted for himself and his assign Portland SHIP FROM carrier: Include this Shipment # on Freights bills 14429 NORTH SUTTLE SERVICES OPERATIONS CORP ROAD Shipment/BOL No: 1100640121 PORTLAND OR 97217-7719 Page1/1 SHIP TO - NIPPON DYNAWAVE FILTER PLANT PACKAGING CO Carrier Name: PORTLAND PRIVATE FLEET LONGVIEW WA 98632 US 3401 INDUSTRIAL WAY Seal or Veliere: 47-6 Delivery time: Unloading: Delivering Carrier / Route: Customer Order Information Shipping Date: Delivery 05.26.2022|05.27.2022 Date: Cust. Purchase Order#: Carrier Customer 305810 1RDA 2043940 Prepaid Units HM Description of Materials, Special Marks and Exceptions Weight PREPAID SLY MENTS Delivery No: 83550254 Order: 2114871 INSTRUCTIONS INVOICING 1 I/I FOR PAYMENT Be HERCID, 8, II 50000LB Eco Services Operations C/O CASS INFOR SAINT LOUIS Po box : 67 MO 63166-0067 US ---- Conditions of applicable bil of tading Subject to Section 7 of the consignee without recourse on * the shipment is to be delivered to the consignor, the consignor shad! sigh the folowing statement. delivery of the shipment without The carier shat not make payment of freight and all other Eco Serveces Operations Corp (Signature of consignor) 93.4% 47,520 C.O.D. Amt. 1 TOTAL UNITS SHIPPED: PALLETS O LOOSE TOTAL WEIGHT 50000 LB Collection Fee_ PROPER PLACARDS IN PLACE: & ERG is in cab of Tractor# 47 Driver's Totat Charges & YES → NOT REQUIRED • ERG# / 32received by driver. Signature: FREIGHT CHARGE EHEMiReE a 880142218388 a spill, leak, & MSDS for Haz. Mat Received by driver fire, exposure, Date: or accident contact 27-22 lading shad state whether it is "carrier's or shioner's weicht." *If the shipment moves between two ports by a carrier by water, the law requires that the bil of the agreed or declared value of the property. OTE - Where the rabe is dependent on value, shippers are required to state specifically in writin hereby specificaty stated by the shipper to be not exceeding he agreed or dedared value of the property i This is to certity that the above named materials are properly dassitied, described packaged, marked and Department of Transportation. labeled, and are in the proper condition for transportation, according to the applicable regulations of the per Shipper Signature/Date 6-2722 Carrier/Pickup Date Driver (sign) Ex Sorres P.P.E 6-27-22#