Schneider Electric — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 November 22, 2024 Ms. Enora Berre Supply Chain Operations and Logistics Analyst Schneider Electric 13091 Vanier Place, Unit 100 Richmond, BC V6V 2J1 Canada Reference No. 24-0085 Dear Ms. Berre: This letter is in response to your September 13, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a shipper’s certification on a shipping paper. In your email, you state Schneider Electric ships lithium batteries by common carrier to various distribution partners and individual domestic partners and—if required—works with customers on the lithium battery return process. You further explain the return process includes providing the customer documents and video packing instructions, verifying proper package preparation electronically via photographs following the completion of package preparation by the customer, and certifying compliance with the HMR by a qualified employee by signing the shipper’s certification statement. Specifically, you ask whether Schneider Electric may act as the “shipper’s agent” for its customers by preparing and signing the bill of lading (i.e., the shipping paper) remotely—thereby certifying the shipment is prepared in accordance with the HMR. The answer is yes. Under the provisions of § 172.204(d)(1), a shipper’s certification “must be legibly signed by a principal, officer, partner, or employee of the shipper or his agent.” At the request of your customers or through a contractual agreement, a third party may perform the functions of an offeror—such as signing the certification statement on a shipping paper to certify that hazardous materials are being offered for transportation in compliance with the HMR. The person signing the shipper’s certification, whether they be third-party or otherwise, must be properly trained in accordance with §§ 172.700 through 172.704. Moreover, the person signing the shipper’s certification is certifying that “the hazardous material is properly classified, described, packaged, marked, labeled, and in proper condition for transportation according to the applicable regulations of the Department of Transportation” as required by § 172.204(a)(1), regardless of whom has performed some of these pre-transportation functions. Any person#

Page 2performing functions of an offeror is responsible for performing those functions in accordance with the HMR. Please note that because Schneider Electric is acting as an agent of your customers, either Schneider Electric or your customers may be held responsible for non-compliance with the HMR. The degree of regulatory liability is usually determined on a case-by-case basis and is dependent on the facts of the specific situation. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Standards and Rulemaking Division#

Page 3Roundtree 24-0085 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Interpretation Request Shippers Agent - Schneider Electric Date: Monday, September 16, 2024 2:25:56 PM Attachments: image002.png image003.png image004.png image005.png image006.png image007.png image008.png PHMSA clarification request.pdf Schneider Boost Repackaging Guide (TME51073).pdf EXAMPLE - Linde Gas & Equipment Inc.pdf Hello Alice, Please see the attached interpretation request. Let us know if you need anything. Sincerely, Janaye From: Enora Berre <enora.berre@se.com> Sent: Friday, September 13, 2024 4:50 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Jahangir Aryn-Ciyear <Jahangir.Aryn-Ciyear@se.com>; James Beck <James.Beck.CA@se.com> Subject: Interpretation Request Shippers Agent - Schneider Electric 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. Dear Sir or Madame, In accordance with 49 CFR § 105.20, I am writing to the United States Pipeline and Hazardous Materials Safety Administration (PHMSA) on behalf of Schneider Electric USA Inc to seek clarification on our interpretation of the Hazard Materials Transportation Regulations – specifically clause 49 CFR parts 171 through 180, and whether a Schneider Electric Employee can act as the “Shippers Agent” for our customers when shipping our batteries back to our location. Schneider Electric ships lithium batteries that contain hazardous material by common carrier to various distribution partners and individual domestic customers across North America. Schneider Electric uses common carriers to deliver the products and, if required, works with customers on the battery return process. Schneider Electric employees performing the “Shippers” function are extensively trained in the Subpart H Hazardous Materials regulations; however, in most situations customers are not trained in Subpart H 49 CFR § 172.704 Hazardous Material Training. Schneider Electric’s return service for batteries is detailed below: Provide the attached documents and video on how to prepare the package to the customer. (packing battery link – unpacking battery link) Upon completion of the package preparation, Schneider Electric, as the shipper, requests pictures to verify labeling, DOT markings, and battery condition ensuring compliance with hazmat material shipping requirements. A qualified employee from Schneider Electric signs the BOL Shippers certification statement, verifying compliance with 49 CFR § 172.204.#

Page 4The PHMSA Regulation we are referencing is below: 49 CFR § 172.204 Shipper’s Certification Except as provided in paragraphs (b) and (c) of this section, each person who offers a hazardous material for transportation shall certify that the material is offered for transportation in accordance with this subchapter by printing (manually or mechanically) on the shipping paper containing the required shipping description the certification contained in paragraph (a)(1) of this section or the certification (declaration) containing the language contained in paragraph (a)(2) of this section. 49 CFR § 172.204 (d) Signature The certifications required by paragraph (a) or (c) of this section: (1) Must be legibly signed by a principal, officer, partner, or employee of the shipper or his agent. Based on the Schneider Electric process and PHMSA regulation, my question is: Can Schneider Electric act as the “Shipper” agent, prepare the bill of lading, and sign the BOL certifying the shipment is marked and labeled correctly despite not being at the site? In addition, please find attached a request for interpretation and subsequent answer issued by the PHMSA to a company regarding the “Shippers Agent” and movement of hazmat materials. Thank you, Enora Berre Supply Chain Operations and Logistics Analyst Prosumer Group | Innovation Division M 1 778 686-3108 E enora.berre@se.com MS Teams enora.berre@se.com Schneider Electric 13091 Vanier Place, Unit 100 Richmond, BC, V6V 2J1 Canada General#

Page 5Dear Sir or Madame, In accordance with 49 CFR § 105.20, I am writing to the United States Pipeline and Hazardous Materials Safety Administration (PHMSA) on behalf of Schneider Electric USA Inc to seek clarification on our interpretation of the Hazard Materials Transportation Regulations – specifically clause 49 CFR parts 171 through 180, and whether a Schneider Electric Employee can act as the “Shippers Agent” for our customers when shipping our batteries back to our location. Schneider Electric ships lithium batteries that contain hazardous material by common carrier to various distribution partners and individual domestic customers across North America. Schneider Electric uses common carriers to deliver the products and, if required, works with customers on the battery return process. Schneider Electric employees performing the “Shippers” function are extensively trained in the Subpart H Hazardous Materials regulations; however, in most situations customers are not trained in Subpart H 49 CFR § 172.704 Hazardous Material Training. Schneider Electric’s return service for batteries is detailed below: • Provide the attached documents and video on how to prepare the package to the customer. • Upon completion of the package preparation, Schneider Electric, as the shipper, requests pictures to verify labeling, DOT markings, and battery condition ensuring compliance with hazmat material shipping requirements. • A qualified employee from Schneider Electric signs the BOL Shippers certification statement, verifying compliance with 49 CFR § 172.204. The PHMSA Regulation we are referencing is below: 49 CFR § 172.204 Shipper’s Certification • Except as provided in paragraphs (b) and (c) of this section, each person who offers a hazardous material for transportation shall certify that the material is offered for transportation in accordance with this subchapter by printing (manually or mechanically) on the shipping paper containing the required shipping description the certification contained in paragraph (a)(1) of this section or the certification (declaration) containing the language contained in paragraph (a)(2) of this section. 49 CFR § 172.204 (d) Signature • The certifications required by paragraph (a) or (c) of this section: (1) Must be legibly signed by a principal, officer, partner, or employee of the shipper or his agent. Based on the Schneider Electric process and PHMSA regulation, my question is: Can Schneider Electric act as the “Shipper” agent, prepare the bill of lading, and sign the BOL certifying the shipment is marked and labeled correctly despite not being at the site? In addition, please find attached a request for interpretation and subsequent answer issued by the PHMSA to a company regarding the “Shippers Agent” and movement of hazmat materials. Enora Berre Supply Chain Operations & Logistics Analyst enora.berre@se.com +1 (778) 686-3108 General#

Page 6Battery, 10 kWh BAT10K1 Repackaging Guide https://www.se.com/#

Page 7Legal Information The Schneider Electric brand and any trademarks of Schneider Electric SE and its subsidiaries referred to in this guide are the property of Schneider Electric SE or its subsidiaries. All other brands may be trademarks of their respective owners. This guide and its content are protected under applicable copyright laws and furnished for informational use only. No part of this guide may be reproduced or transmitted in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise), for any purpose, without the prior written permission of Schneider Electric. Schneider Electric does not grant any right or license for commercial use of the guide or its content, except for a non-exclusive and personal license to consult it on an "as is" basis. Schneider Electric products and equipment should be installed, operated, serviced, and maintained only by qualified personnel. As standards, specifications, and designs change from time to time, information contained in this guide may be subject to change without notice. To the extent permitted by applicable law, no responsibility or liability is assumed by Schneider Electric and its subsidiaries for any errors or omissions in the informational content of this material or consequences arising out of or resulting from the use of the information contained herein. Contact Information For country-specific details, please contact your local Schneider Electric Sales Representative or visit the Schneider Electric website at: https://www.se.com/#

Page 8Safety Information Important Information Read these instructions carefully and look at the equipment to become familiar with the device before trying to install, uninstall, or operate it. The following special messages may appear throughout this documentation or on the equipment to warn of potential hazards or to call attention to information that clarifies or simplifies a procedure. The addition of either symbol to a “Danger” or “Warning” safety label indicates that an electrical hazard exists which will result in personal injury if the instructions are not followed. This is the safety alert symbol. It is used to alert you to potential personal injury hazards. Obey all safety messages that follow this symbol to avoid possible injury or death. Stored energy hazard and discharge time 5 mins Refer to the Installation or Operation instructions DANGER DANGER indicates a hazardous situation which, if not avoided, will result in death or serious injury. WARNING WARNING indicates a hazardous situation which, if not avoided, could result in death or serious injury. CAUTION CAUTION indicates a hazardous situation which, if not avoided, could result in minor or moderate injury. NOTICE NOTICE is used to address practices not related to physical injury. Please Note Electrical equipment should be installed or uninstalled only by qualified personnel. No responsibility is assumed by Schneider Electric for any consequences arising out of the use of this material. A qualified person is one who has skills and knowledge related to the construction, installation, and operation of electrical equipment and has received safety training to recognize and avoid the hazards involved. For more information, see "Audience" on page 5.#

Page 9Audience Qualified personnel have also received specific training from the manufacturer on installing and operating the Schneider Boost. Scope This document describes how to repackage the Schneider Boost battery. IMPORTANT: This document is in addition to, and incorporates by reference, the relevant product manuals for the Schneider Boost Installation Guide (TME12665). Unless specified, information on safety, specifications, installation and operation is as shown in the primary product document. Ensure that you are familiar with that information before proceeding. Related Information For more information about the Schneider Boost or compatible equipment, go to https://www.se.com/ or Schneider Boost Installation Guide (TME12665). Product Safety Information Before installing, uninstalling, or operating the battery, read all instructions and cautionary markings on the unit, and all appropriate sections of this guide. IMPORTANT: Refer to your warranty for instructions on obtaining service. DANGER HAZARD OF ELECTRIC SHOCK AND ARC FLASH n This equipment must only be installed, uninstalled and serviced by qualified electrical personnel. n Use appropriate personal protective equipment (PPE) and follow safe electrical work practices according to NFPA 70E or CSA Z462. n Equipment energized from multiple sources including PV, AC, and additional batteries. Before removing covers identify all sources, de-energize, lock-out, and tag-out and wait five minutes for circuits to discharge. n To turn the battery(ies) off: On all batteries, press the power button for six seconds, and turn the disconnect switch to the OFF position. n Verify de-energization with a voltage sensing device, rated 600 V or higher. n Never energize the system or turn the battery disconnect switch(es) to the ON position with the wiring or fuse access covers removed. Failure to follow these instructions will result in death or serious injury.#

Page 10DANGER HAZARD OF ELECTRIC SHOCK, FIRE, EXPLOSION AND ARC FLASH n Do not remove the fuse access cover. Access is restricted to personnel authorized by Schneider Electric. n Prior to servicing the fuses, authorized personnel must verify that all fuse terminals are de-energized, using the probe holes on the internal fuse cover. n Replace the Schneider Boost fuses only with 60 A, 700 VDC fuses: Mersen MEV70V60-S. Arc Flash Information for Fuse Servicing: 18.4 cal/cm² 5 ft 9 in. n Incident Energy at a Working Distance of 18 in. n Arc Flash Boundary Failure to follow these instructions will result in death or serious injury. DANGER HAZARD OF ELECTRIC SHOCK, EXPLOSION, ARC FLASH, AND FIRE n This equipment must only be disassembled or recycled by qualified personnel. n Do not attempt to open, disassemble, repair, tamper with, or modify the battery. The battery cells are not replaceable. n Do not drop, deform, impact, cut or spear with a sharp object. Damage to this equipment may cause electrolyte leakage. n Do not dispose of the Schneider Boost in a fire or with general household waste. Always follow local guidelines for recycling and disposal. n Do not immerse the equipment or its components in water or other fluids. Failure to follow these instructions will result in death or serious injury. WARNING HAZARD OF ELECTRIC SHOCK, EXPLOSION, ARC FLASH, AND FIRE n If there are any signs of smoke, unusual smell, or excessive heat coming from the Schneider Boost, evacuate the area and call local emergency response teams. n In case of a flood: If any part of the battery or wiring is submerged, stay out of the water. Failure to follow these instructions can result in death, serious injury, or equipment damage.#

Page 11WARNING RISK OF EXPLOSION, FIRE, PERSONAL INJURY, OR EQUIPMENT DAMAGE n The Schneider Boost weighs approximately 280 lbs (127 kg). A lifting device must be used to lift the Schneider Boost. In addition to a lift device, two people are required to position the battery. n Always use straps to tie the Schneider Boost to the hand truck. n Verify that the handle threads are not crossed, and that the handles are tightened so that they will not turn or come loose during use. Failure to follow these instructions can result in death, serious injury, or equipment damage. NOTICE RISK OF EQUIPMENT DAMAGE During installation, ensure that you do not scratch the paint on the Schneider Boost battery: n Do not move the batteries without proper lifting equipment, as this could result in paint surface scratches, which can lead to corrosion. n If the protective paper cover is installed at the foot of the battery, do not remove it from the battery until the battery can be placed directly onto the mounting bracket. Failure to follow these instructions can result in equipment damage.#

Page 12Schneider Boost Repackaging Guide Required Tools and Materials The following materials and tools are not supplied but are required to complete the following procedures. General n Appropriate PPE (e.g. Safety Gloves, Protective Footwear, etc.) n Lock-out/Tag-out (LOTO) Kit n Platform lift truck (min. 300 lb [136 kg] load capacity) n (2) Straps (ratcheting or tie-down) to secure the battery to the platform lift truck n Power Drill and/or Impact Driver n Drill Bit: 3/16 × 3 in. n Impact Socket: 1/2 in. (metric size 13) n Torque Screwdriver (20 in-lb to 50 in-lb capable) n Screwdriver or Bit: Phillips #2 n Torque Wrench, 10 to 25 ft-lb (120 to 300 in-lb) n 3 in. extension for torque wrench n Screwdriver or bit: Torx T15 n Small 90 degree #2 Phillips driver (e.g. Klein 65200 Mini Ratchet) n Amphenol Universal Unlocking Tool (PN: H4TU0000) n Hammer n Small crowbar (Cat's Paw) n Flathead screwdriver 8 This document is intended for use by qualified personnel TME51073#

Page 13Schneider Boost Repackaging Guide Uninstalling the Schneider Boost WARNING RISK OF EXPLOSION, FIRE, PERSONAL INJURY, OR EQUIPMENT DAMAGE n The Schneider Boost weighs approximately 280 lbs (127 kg). A lifting device must be used to lift the Schneider Boost. In addition to a lift device, two people are required to position the battery. n Always use straps to tie the Schneider Boost to the hand truck. n Verify that the handle threads are not crossed, and that the handles are tightened so that they will not turn or come loose during use. Failure to follow these instructions can result in death, serious injury, or equipment damage. See the following procedures for uninstalling the Schneider Boost and preparing for repackaging: n "Removing the Wiring" on the next page n "Unpacking the New Battery" on page 11 n "Unloading the New Battery" on page 12 n "Removing the Old Battery" on page 13 TME51073 This document is intended for use by qualified personnel 9#

Page 14Schneider Boost Repackaging Guide Removing the Wiring IMPORTANT: n Before you begin, de-energize, lock-out, and tag-out all energy sources including PV, AC, and all batteries, and wait 5 minutes for circuits to discharge. For more information, see "Product Safety Information" on page 5. n Do not remove any wires from the inverter, as you will need to use these wires to connect the new battery to the inverter. To remove the wiring from the old battery(ies): 1. Remove the left and right wiring covers. 2. Remove the ground wire(s). 3. Remove the communication connectors from the RJ45 ports. 4. Remove the positive and negative power cables from the right side of the battery(ies). 5. 6. 7. Open the inverter wiring door. For more information, see the Schneider Inverter Installation Guide (TME12664). Remove and save the conduit assembly between the inverter and battery. If multiple batteries are stacked front-to-back, remove the conduit assemblies from between the batteries. 1 2 3 4 To Inverter MULTI-BATTERY IN OUT 5 6 7 Inverter Battery 1 2 3 4 5 Battery 2 Battery 1 Legend 1 Bushing 2 Lock nut 3 O-ring 4 Conduit 5 Spacer 3 4 1 2 5 10 This document is intended for use by qualified personnel TME51073#

Page 15Schneider Boost Repackaging Guide Unpacking the New Battery IMPORTANT: Before installing the Schneider Boost, check it over for any signs of shipping damage, including damaged or missing labels (see "Repackaging the Old Battery" on page 14). If any damage is found, contact Technical Support. To unpack the new battery: 1. Using a cat's paw crowbar or flathead screwdriver, and being careful not to break any of the metal tabs, open the top cover of the new battery crate. 2. Before removing the new battery from the crate, take pictures of the battery and packaging materials while it is lying in the crate. You will need to refer to these pictures when repackaging the old battery. If you plan on returning the old mounting bracket, include a picture of the new mounting bracket in the crate for reference later. 1 2 3. 4. 5. 6. Remove and save all packaging materials. Remove the new mounting bracket from the package and set it aside. Using a cat's paw crowbar or flathead screwdriver, open the rest of the metal tabs, removing and saving all of the crate walls. Screw in the four handles (provided). 3 4 5 6 TME51073 This document is intended for use by qualified personnel 11#

Page 16Schneider Boost Repackaging Guide Unloading the New Battery To unload the new battery: 1. Remove the covers over the left and right wiring compartments. 2. 3. Position the platform lift truck near the foot of the crate. With a minimum of two people, use the handles to tilt the battery to an upright position. 4. 5. 1 2 3 Position the battery onto the lift truck. Move the battery out of the way (for later installation). Minimum 2 people required 9 4 5 Note: Put the battery down on a soft, even surface to prevent damaging the battery. Examples of surfaces that may damage the battery include concrete and gravel. 12 This document is intended for use by qualified personnel TME51073#

Page 17Schneider Boost Repackaging Guide Removing the Old Battery To remove the old battery: 1. Align the lift truck with the old battery. 2. 3. 4. 5. 6. 7. Install the four lift handles. Unscrew the two M8 x 16 mm hex head flanged bolts located near the top of the mounting bracket. Unscrew the two footrest locator brackets. With a minimum of two people, use the handles to position the battery onto the lift truck. Use straps to tie the battery to the lift truck. Move the battery close to the foot of the crate and then remove the straps. 8. 9. 10. 11. 2 1 3 With a minimum of two people, position the battery onto the crate. Lay the battery down in the crate, with the front of the battery facing down. If you have a floor-mounted battery, remove the two footrest mounting brackets. Follow local guidelines for recycling the parts. Optional: Remove the old wall mounting bracket. Follow local guidelines for recycling the mounting bracket or return the bracket with the old battery. 4 5 6 7 8 9 11 10 TME51073 This document is intended for use by qualified personnel 13#

Page 18Schneider Boost Repackaging Guide Repackaging the Old Battery To repackage the old battery: 1. Reinstall the covers over the left and right wiring compartments. 2. Remove the four handles. 3. Reinstall and carefully clamp the sides of the crate. Do not install the top cover yet. 4. Add all of the packaging materials, using the pictures from step 2 on page 11 for reference. 5. 6. 7. If you are returning the old wall mounting bracket, place it on top of the battery, using the pictures from step 2 on page 11 for reference. Add and clamp the top cover. Check that the lithium battery sticker is on the outside of the crate, and that the text on the crate which reads, "UN3480 Lithium Ion Batteries," is legible (see the IMPORTANT box below). 1 2 3 4 5 6 IMPORTANT: The lithium battery sticker and the text "UN3480 Lithium Ion Batteries" must be on the crate. Both the sticker and text must be legible and undamaged in order to return the battery. If you are missing the sticker, or if the sticker is damaged, contact Schneider Electric customer service to get a replacement sticker: n Toll Free: 1 (877) 734-6631 n Phone: 1 513-605-8000 BAT10K1 x1 BAT10K1 x1 Boost 10 kWh Designed in Canada Made in PRC Boost 10 kWh Designed in Canada Made in PRC BAT10K1 BAT10K1 BOOST 10 kWh 10 kWh Energy Storage Wall / Floor Mount BOOST 10 kWh 10 kWh Energy Storage Wall / Floor Mount Serial Number: Date Code: Serial Number: Date Code: UN3480 Lithium Ion Batteries UN3480 Lithium Ion Batteries 14 This document is intended for use by qualified personnel TME51073#

Page 19Schneider Boost Repackaging Guide Recycling and Disposal DANGER HAZARD OF ELECTRIC SHOCK, EXPLOSION, ARC FLASH, AND FIRE n This equipment must only be disassembled or recycled by qualified personnel. n Do not attempt to open, disassemble, repair, tamper with, or modify the battery. The battery cells are not replaceable. n Do not drop, deform, impact, cut or spear with a sharp object. Damage to this equipment may cause electrolyte leakage. n Do not dispose of the Schneider Boost in a fire or with general household waste. Always follow local guidelines for recycling and disposal. n Do not immerse the equipment or its components in water or other fluids. Failure to follow these instructions will result in death or serious injury. Electric appliances marked with the symbol shown must be professionally treated to recover, reuse, and recycle materials in order to reduce negative environmental impact. When the product is no longer usable, the consumer is legally obligated to ensure that it is collected separately under the local electronics recycling and treatment scheme. TME51073 This document is intended for use by qualified personnel 15#

Page 20Schneider Electric 201 Washington St, Suite 2700, One Boston Place Boston, Massachusetts 02108 United States https://www.se.com/ As standards, specifications, and designs change from time to time, please ask for confirmation of the information given in this publication. For other country details please contact your local Schneider Electric Sales Representative or visit the Schneider Electric website at: https://www.se.com/ © 2024 Schneider Electric. All Rights Reserved. TME51073 Printed in:#

Page 211200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration December 22, 2022 Mr. Mike Stephens Linde Gas & Equipment Inc. 217 Loren St. Washington, IL 61571 Reference No. 22-0037 Dear Mr. Stephens: This letter is in response to your April 15, 2022, email and subsequent telephone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to two scenarios pertaining to a shipper’s certification on a shipping paper. In both scenarios, you state that you have domestic customers to whom you ship cylinders containing hazardous materials via a common carrier. In most cases, you state that your customers are not trained in accordance with the training requirements specified in § 172.704. In such instances, the common carrier delivers the filled cylinders to your customers, and you work with your customers on the cylinder return process. You state that you offer this service when your customers are unable to perform shipper functions in accordance with the HMR. Finally, you include an example of a document that specifies instructions on package preparation that you provide to your untrained customers, and you describe two scenarios as follows: Scenario #1: You state that your company prepares a bill of lading in accordance with the HMR from a remote location, after you have confirmed through photographic evidence—provided by your customer—that the return package has been prepared in accordance with the HMR. An employee of your company certifies that the material offered for transportation complies with the HMR by signing the “shipper’s certification” on the bill of lading as specified by § 172.204(d)(1). Your company subsequently provides the bill of lading to the carrier, or to your customer for forwarding to the carrier. Based on this scenario, you ask whether your company can—acting as the “shipper’s agent”—prepare and sign the bill of lading and certify that the shipment complies with the HMR although your company is not physically located at the site of the return shipment.#

Page 22Scenario #2: You state that your company acts as the carrier. When your driver arrives at your customer’s location, the driver confirms that the shipment meets all the requirements of the HMR. The driver then creates a bill of lading and signs the “shipper’s certification” on the bill of lading before loading and transporting the return cylinders. Based on this scenario, you ask whether your company can—acting as the “shipper’s agent” —prepare and sign the bill of lading and certify that the shipment is in compliance with the HMR. Under both scenarios, the answer to your question is yes. Under the provisions of § 172.204(d)(1), a shipper's certification “must be legibly signed by a principal, officer, partner, or employee of the shipper or his agent.” At the direction of your customers or through contractual arrangement, a third party may perform the functions of an offeror—such as signing the certification statement on a shipping paper to certify that hazardous materials are being offered for transportation in compliance with the HMR. The person signing the shipper’s certification, whether they be third-party or otherwise, must be properly trained in accordance with §§ 172.700 through 172.704 of the HMR. In addition, the person signing the shipper’s certification is certifying that the consignment is properly classified, described, packaged, marked, labeled, and in proper condition for transportation according to the applicable regulations of the Department of Transportation regardless of whom has performed these pre- transportation functions. Any person performing functions of an offeror is responsible for performing those functions in accordance with the HMR. Please note that in both scenarios, because your company is acting as an agent of your customer, either your company or your customer may be held responsible for non-compliance with the HMR. The degree of regulatory liability is usually determined on a case-by-case basis and is dependent on the facts of the specific situation. 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 23Wolcott From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Interpretation request Shippers Agent Linde Gas and Equipment Date: Monday, May 2, 2022 2:58:43 PM Attachments: 172.204 Shippers Certification Shippers Agent.docx Air Gas Shipper Certification interpretation 040021.pdf Customer Cylinder return Procedure.docx 22-0037 Hello Alice, Please see the below and attached interpretation request. Should you have any questions, do not hesitate to reach out. Regards, -Breanna From: LG US DISTRIBUTION COMPLIANCE <LG.US.DISTRIBUTION.COMPLIANCE@linde.com> Sent: Friday, April 15, 2022 12:01 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Mike R Stephens <mike.r.stephens@linde.com> Subject: Interpretation request Shippers Agent Linde Gas and Equipment 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. Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Re: Request for Interpretation Dear Sir or Madame: In accordance with 49 CFR § 105.20, this letter is being submitted to PHMSA to request an interpretation of the Hazard Materials Transportation Regulations. Linde Gas and Equipment Inc (LGE) requests PHMSA to provide an interpretation on#

Page 24whether a Linde Gas and Equipment Employee acting as the “Shippers Agent” for our customers when shipping our cylinders back to our location. We have many domestic customers that we ship cylinders that contains hazardous material by common carrier. We use common carriers to deliver the products and then work with the customers on the cylinder return process. In most situations, customers are not trained in Subpart H 49 CFR § 172.704 Hazardous Material Training where LGE employees performing the “Shippers” function are extensively trained in the Subpart H Hazardous Materials regulations When these customers do not have the size or capability to perform shipping functions for Hazmat, we have offered the cylinder return service. The attached Word document specifies the instructions to the customer on the package preparation and details. We require photographic evidence that the package is in a shippable condition. If we confirm this, we prepare the BOL in accordance with the regulations. We, Linde Gas and Equipment INC, take the position as the shipper, ask for pictures that verify the labeling, DOT markings and Cylinder condition so we can CERTIFY that the cylinder shipment meets the Shippers Certification. After the Bill of Lading is completed, an employee of Linde Gas and Equipment (LGE) will sign the BOL Shippers certification statement verifying that the cylinder shipment meets the certification statement as written in 49 CFR § 172.204. 49 CFR § 172.204 Shipper’s certification (a) General. Except as provided in paragraphs (b) and (c) of this section, each person who offers a hazardous material for transportation shall certify that the material is offered for transportation in accordance with this subchapter by printing (manually or mechanically) on the shipping paper containing the required shipping description the certification contained in paragraph (a)(1) of this section or the certification (declaration) containing the language contained in paragraph (a)(2) of this section. 49 CFR § 172.204 (d) Signature. The certifications required by paragraph (a) or (c) of this section: [172.204(d)] (1) Must be legibly signed by a principal, officer, partner, or employee of the shipper or his agent. We have attached a relevant similar Interpretation issued to another company along the same request as “Shippers Agent” interpretation. Following the process above, the question is, Can LGE act as the “Shipper” agent, prepare the bill of lading, sign the BOL certifying the shipment is marked and labeled correctly even though we are not at the site?#

Page 25If PHMSA has any questions related to this document, please contact: Mike Stephens Linde Gas & Equipment Inc 217 Loren St Washington, Il 61571 Phone 314-568-6764 e-mail: LG.US.Distribution.Compliance@Linde.com The information contained in this email and any attachments may be confidential and is provided solely for the use of the intended recipient(s). If you are not the intended recipient, you are hereby notified that any disclosure, distribution, or use of this e-mail, its attachments or any information contained therein is unauthorized and prohibited. If you have received this in error, please contact the sender immediately and delete this e-mail and any attachments. No responsibility is accepted for any virus or defect that might arise from opening this e-mail or attachments, whether or not it has been checked by anti-virus software. Please find the data protection notices of EU based Linde Group companies on this website: dataprotection.linde.com#

Page 26Reverse Logistics As special needs arise to help our customers return empty cylinders to the fill or stocking location we may be called on to create the necessary paperwork and the handling of setting up the proper common carrier to transport cylinder gas products back to the stocking/filling location. The following guidelines should allow for a proper documentation and smooth transition. 1) Request pictures from the customer of the cylinders to be returned. A) Verify proper labels attached. These should include the shoulder labels that show they are PDI cylinders along with proper DOT labels. B) Verify the DOT shipping description is visible and legible for each cylinder. C) Verify that the serial number of the cylinder is legible. 2) Verify the cylinders shall be secured to a pallet with all DOT labels visible and legible. Once securement is verified complete the next step. NOTE: If Product labels including all DOT information is not visible this shipment will be considered an overpack and additional marking and labeling will be required. 3) Create a generic Straight BOL for the shipper to utilize. It should have all the required information filled in including the serial numbers of the cylinders in the shipment, then sign the BOL at the shippers certification. 4) The shipper will be the customer where the cylinders are being picked up from. 5) We can provide FREIGHT PREPAID services for the customer. This means that the customer is responsible for the charges. 6) Contact the Carrier the customer specifies and schedule the pickup from the customer location. NOTE: Verify they can transport hazardous materials 7) If we provide a FREIGHT COLLECT shipment a handling fee will be charged for generating the paperwork and paying the freight bill upon receipt. Prior agreement with customer should indicate that we are allowed to bill the freight charges back. 8) The cylinders should be shipped by the best method using the Connectship tool. If any questions arise, please see your supervisor for clairification.#

Page 27of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Research and Special Programs APR 19 2004 Administration Mr. Richard J. Lloyd Ref. No.:04-0021 7201 Hamilton Boulevard Air Products and Chemicals, Inc. Allentown, PA 18195-1501 Dear Mr. Lloyd: regarding the shippers's certification prescribed in 49 CFR 172.204 of the Hazardous Materials This responds to your letter of February 11, 2004, and your follow-up letter of March 30, 2004, Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked whether, on your company's behalf, a third-party carrier could perform the shipper's certification function on the shipping paper for the pick-up and transportation of hazardous materials containers being returned to your company's plant. You have customers whose primary business does not involve hazardous materials and, consequently, they will not issue or prepare shipping papers for the return shipment of empty containers with a residue of a hazardous material. Your company would supply the third-party residue are inspected by the driver and found to be in compliance, the carrier would sign the carrier you use for pick-up with an unsigned shipping paper. Once the empty containers with shipping paper certifying the material is offered for transportation in compliance with the HMR. You asked for confirmation that your understanding is correct that a third-party carrier may perform the shipper's certification function. Your understanding is correct. At your company's direction or through contractual arrangement, a third-party carrier may perform the functions of the offeror (shipper), such as signing the certification statement on a shipping paper to certify that an empty container with the residue of a hazardous material is being offered for transportation in accordance with the HMR. Under the HMR, any person performing functions of an offeror must take responsibility for performing those functions in compliance with the applicable rules. I hope this satisfy your inquiry. If we can be of further assistance, please contact us. Sincerely, 040021 §.172.204 (a)#

Page 28PRODUES L AR 7201 Hamilton Boulevard Air Products and Chemicals, Inc. Tel 610 481-4911 Allentown, PA 18195-1501 Engrum. 3172.204 (a) 11 February 2004 Shipping Papers 04-0021 Mr. Edward Mazzullo U.S. Department of Transportation Office of Hazardous Materials Standards DHM - 10 Research and Special Programs Administration 400 Seventh Street, S. W. Washington, D. C. 20590 Dear Mr. Mazzullo: Re: Interpretation 49 CFR 172.204 (a) Shipper's Certification Recently, we called the Hazardous Materials Information Center for an interpretation of the Shipper's Certification requirements specified in 49 CFR 172.204 (a). Specifically, we asked if function on our behalf for the pickup of hazardous materials containers being returned to our our company could authorize a third-party carrier to perform the shipper's certification offer's shipper's certification provided the person was properly trained in the Hazardous Materials plant. The Information Center representative advised us that a third-party carrier could sign the Regulations. We have some customers whose primary business does not involve hazardous materials and, residue material remaining in the container. Our nearest plant may be located a significant consequently, will not issue shipping papers for the return shipment of empty containers with distance from the customer and it is not practical to send a person from our plant to the customer's facility to sign the shipper's certification for the return shipment of the residue containers. Instead, we propose to provide the third-party carrier that we use for the pickup with Please confirm that our understanding of your interpretation of the Shipper's Certification requirements is correct allowing us to use a third-party carrier for the certification function. Sincerely, Manager Regulatory Compliance Richard J. Lloyd Rjl1036#

Page 29Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Re: Request for Interpretation Dear Sir or Madame: In accordance with 49 CFR § 105.20, this letter is being submitted to PHMSA to request an interpretation of the Hazard Materials Transportation Regulations. Linde Gas and Equipment Inc (LGE) requests PHMSA to provide an interpretation on whether a Linde Gas and Equipment Employee acting as the “Shippers Agent” for our customers when shipping our cylinders back to our location. We have many domestic customers that we ship cylinders that contains hazardous material by Common Carrier. We use common carriers to deliver the products, but then work with the customers on the cylinder return process. In most situations, customers are not trained in Subpart H 49 CFR § 172.704 Hazardous Material Training where LGE employees performing the “Shippers” function are extensively trained in the Subpart H Hazardous Materials regulations When these customers do not have the size or capability to perform shipping functions for Hazmat, we have offered the cylinder return service. The attached Word document specifies the instructions to the customer on the package preparation and details. We require photographic evidence that the package is in a shippable condition. If we confirm this, we prepare the BOL such as the attached PDF document. We, Linde Gas and Equipment INC, take the position as the shipper, ask for pictures that verify the labeling, DOT markings and Cylinder condition so we can CERTIFY that the cylinder shipment meets the Shippers Certification. After the Bill of Lading is completed, an employee of Linde Gas and Equipment (LGE) will sign the BOL Shippers certification statement verifying that the cylinder shipment meets the certification statement as written in 49 CFR § 172.204.#

Page 3049 CFR § 172.204 Shipper’s certification (a) General. Except as provided in paragraphs (b) and (c) of this section, each person who offers a hazardous material for transportation shall certify that the material is offered for transportation in accordance with this subchapter by printing (manually or mechanically) on the shipping paper containing the required shipping description the certification contained in paragraph (a)(1) of this section or the certification (declaration) containing the language contained in paragraph (a)(2) of this section. 49 CFR § 172.204 (d) Signature. The certifications required by paragraph (a) or (c) of this section: [172.204(d)] (1) Must be legibly signed by a principal, officer, partner, or employee of the shipper or his agent. Following the process above, the question is, Can LGE act as the “Shipper” agent, prepare the bill of lading, sign the BOL certifying the shipment is marked and labeled correctly even though we are not at the site? If PHMSA has any questions related to this document, please contact: Mike Stephens Linde Gas & Equipment Inc 217 Loren St Washington, Il 61571 Phone 314-568-6764 e-mail: LG.US.Distribution.Compliance@Linde.com#