Dreyco, Inc. — Hazardous Materials Safety Interpretation

Page 1! * U.S. Departmens of tansportation 100 Sovern Steer sW Wasangion. DC 20590 Special Programs Research and Administration JUN 29 1998 Mx. Gaxeth D. Pearce Ref. No.: 98-0135 Dixectox, Intexnational Maxketing 263 Veterans Boulevard Caxistadt, Nu +07072-2792 талька Deax Mx. Peace: This responds to your letter, dated June 15, 1998, concerning shippex cextification requirements of the Hazardous Materials Regulations (HMR; 49-CER Parts 171-180) and the International Maxitime Dangerous Goods (IMDG) Code. claxification concerning the responsible signatory for the Specifically, you request shipper's certification. As you explain in your letter, Dreyco is an export management company that serves as the export department under contract fox a принї зод-4337 number of U.S. manufacturers, including a manufactuxer of automotive chemicals. Dreyco issues shipping instructions to the thus, secoming, in effect, the and the IMDG Code. As specified in § 172.204 (a) of the HMR, each person who offers a hazardous material fox transportation shall certify that the material is offered for transportation in accordance with the reguirements in the MR. In oxdex to propexly cextity a shipment, the pexson signing the cextification must have dixect 4 tra so. knowledge that the materials axe in proper condition fox txansportation and are properly classified, described, packaged, marked and labeled in accordance with the HMR and applicable international regulations. Under the provisions of § 172.204 (d) (1), a shipper's certification or declaration must be legibly signed by a principal, officex, paxtner, ox employee of the shipper or his agent. that In the situation you describe, the manufacturing facility prepares a shipment fox export is acting as your agent. A hit#

Page 22 has dixect knowledge that the shipments are in propex condition prancipal, officer, partner, ox employee of the manufacturer who iox transportation and that they comply with the HMR and the IMDG I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. sincerely, Thomas A Cell n Thomas G. Ällan Seniox Ixansportation Regulations Specialist Office of Hazardous Materials Standads#

Page 3TorsKU .... File 172,204 263 VETERANS BOULEVARD DREYCO, INC. CARLSTADT, N.J. 07072-2792, U.S.A. TELEPHONE: 201-896-9000 FAX: 201-896-1766 FAX: 201-896-1378 MANUFACTURERS' EXPORT SALES DEPARTMENT FAX: 201-896-0529 June 15, 1998 Mr. Edward Mazzullo, Director of the Office of Hazardous Materials Standards (DHM-10) UNITED STATES DEPT. OF TRANSPORT REF: 16347. 400 7th Street S.W. Washington D.C. 20590 Dear Mr. Mazzullo: We have been referred to you from several different sources for clarification in an extremely important issue for our company. Dreyco is an Export Management Company. Our function is to be the export department under contract for a number of U.S. manufacturers. One of these is a manufacturer of automotive chemicals. The factory is in Jacksonville, Florida whereas our office is here in Carlstadt, New Jersey. The problem arises when we issue shipping instructions to the factory for our export orders. The problem is compounded by the fact that Dreyco takes title to these goods and is, in all effects the "shipper". However, Dreyco is not the manufacturer nor do we pack the shipments for export. We never seal any of the containers for export nor do we ever see any of the merchandise since they are shipped directly to the ports. Therefore when we, as the shipper submit the international maritime organization Hazmat Declaration Form, this form requires a signature that: "It is declared that the packing of the container/vehicle. has been carried out in accordance with the general introduction of the IMDG Code, paragraph 12.3.7 or i7.7.7". Further "Number and kind packages proper shipping name/correct technical name, IMO Hazard Class/Division UN number, packaging group, flash point (in degrees Celsius), control and emergency temperatures, identification of the goods as a Marine Pollutant, EmS # and MFAG table #", and .... "Declaration: I hereby declare that the contents of this consignment are fully and accurately described above by the correct technical name (as) (proper shipping names) and are classified, packaged, marked and labeled/placarded, and are in all respects in proper conditions for transport according to the applicable international and national government regulations". cont... FOR OUTSTANDING CONTRIBUTIONS DI EXPORT THE PRESIDENT'S "E" AWARD MEMBER#

Page 4Page 2 . Obviously since Dreyco is thousands of miles from the place where these shipments are packaged and shipped, it would be utterly fraudulent of us to sign the IMO Dangerous Goods Declaration as true and correct, when we obviously do not know how these things are packed, nor are we always aware of formula charges that may also alter the shipping classification . Therefore, we need a ruling from you in writing on exactly who is responsible and who is classified under the word "shipper" in this regard. It is clear to us that Dreyco is the shipper of record, however the circumstances are mitigating and we feel that the world "shipper" is a matter of semantics pertaining to this case. We know of many other companies that do business as the shipper and have the manufacturer fill out the IMO's. business accordingly. We await your soonest ruling, again in writing, if possible via fax or via mail so that we may continue Thank you in advance for your help. Yours sincerely, DREYCO, INC. Deare. Gareth D. Pearce Director, International Marketing GDP/gp cc: Ron McElroy - PETRO CHEMICAL PRODUCTS, INC.#

Page 5*. Route The manner in which a shipment moves, i.e., the carriers handling is and the terminal pointe through which is is handled. Running Gear • Complementary equipment for terminal and over. the-road handling of containers. Sea-Bee Vessels (See Barge Carrier) Ocean vessels which are constructed with heavy-duty submersible hydraulic lift or elevator system located al the stern of the vessel. The Sea Bee system facilitates the barges to be transferred forward and placed in position. See. Bee barges are larger than LASH barges. Seal Used to seal the locking mechanism on closed con. rainers for security and customs purposes. Each seal is individually numbered and may be of different colors. Searan container. Synonymous for general-purpose dry-freight Sheathing (Export Boxing) Construction materials which make up the ourside of roof, sides, ends and doors and which serve as restraints to prevent the main frame from racking. • , Shipper's Load and Count A term denoting that the contents of a containes were loaded and counted by the shipper and not : checked or verified by the transportation line. Shore A prop or support placed against or beneath anything to prevent sinking or sagging. Shrink Wrapping Polyethylene or a similar subslance heat trealed and shrunk into an envelope around several units there. by securing them as a single whole unit either as small presentation packs or more commonly, to scure peck. ages on a palles. Side-Door Container A container fitted with a rear door and a minimum of one side door. Side Loader A lift truck fitted with lifting altachments operating 1o one side for handling containers. Skeletal Trailer (Chassis) A trailer specially constructed for the sule carriage of I.S.O. containers. Skids Battens or a series of parallel runners fitted beneath boxes or packapes to raise them clear of the floor 1o#

Page 61o transport containerized cargo. : Container Freigh Station/ CFS Associaled with consolidation depots where parcele of cargo are grouped and loaded into containers. Continer Load A sufficient load in size to fill a container either by cubic measurement or by weighs. Container Part Load A loading which does nos utilize the full volumetric capacity of a container nor the maximum payload by weight and will permit additional part loads. Container Pool ainer leasing companies which will permit the In agreement belween transport carriers and/or con. exchange of containers. • Container Terminal argoes in containers which may be accessible by truck In area designated to be used for the stowage o railroad and marine transportation. Containerizable Cargo Cargo that will physically fit into a container and result in an economical shipment consistent with deliv. ery requirements. Containerization Stowage of general or special cargoes in a container for transport in the various modes. Corner Casting(s) Fittings situated on top and bottom of container corner posts designed for handling and securing a container. Corner Posts/Door Posts Vertical frame components fitted as the corners of the container, integral with the corner fittings and connecting the roof and floor structures. Cross Member Transverse members fitted to the bottom side rails of a container serving as a support for the floor. Cryogenic The use of a freezing mixture to provide refrigeration. Cubic Capacity Carrying capacity of a container according to meas urement in cubic fees. Cube Out When a container has reached its volumetric capac. ily before reaching the permitted weight limit. Dangerous Goods The term used by IMCO for hazardous materials. (See the International Maritime Dangerous Goods Code.) 132#