(Subject to Notes 1 - 3)

ABF may accept shipments of hazardous materials or substances, as described in Title 49 CFR, for transportation in accordance with the transportation requirements of the U.S. Department of Transportation, subject to the following provisions:

1. Shipments of hazardous materials or substances will be subject to the following requirements:

A. Shipments of hazardous materials or substances which are delayed at any time due to restrictions imposed by any shipper, consignee or regulatory agency will be subject to a delay-in-transit charge of 200% of the storage charges published in Item 910 of this tariff. Such charges will begin at the time the shipment is delayed and continue until such time as transportation can be resumed or the shipment delivered to the consignee. Charges also apply on shipments delayed, by refusal or otherwise, at destination by consignee and begin upon Notice of Arrival (Item 345 of this tariff) to consignee.

B. The accrued charges will be collected from the party responsible for the delay or if delayed by a regulatory agency, charges will be collected from the shipper or party requesting movement of the shipment.

The carrier shall maintain a record of all such shipment and vehicle delays, including the arrival and departure times at points where delays occur and name of party responsible for such delays.

2. If required by federal, state or local regulations, ABF will prepare designated route plans which will set forth the routes to be utilized in transporting shipment of hazardous materials or substances from the initial origins to the final destinations. The designated route will be the shortest practical route over the highways approved by the appropriate state or local agency for the transportation of hazardous materials or substances and any interstate highway not disapproved by a state or local agency with enforcement authority. If the total distance from the initial origin to the final destination via the designated route of movement exceeds 115% of the shortest mileage from initial origin to final destination, the distance in excess of 115% will be charged for at the rate of $7.21 per mile per vehicle. All mileages shall be computed by use of Household Goods Carrier's Bureau, Agent, Mileage Guide (HGB 100 Series).

3. When special permits authorizing the transportation of specific shipments of hazardous materials or substances are required by federal, state or local regulations, the purchase costs of such permits will be paid by ABF and collected as follows:

A. The purchase costs of such permits, plus a service charge of $24.50 per permit, per state in which a permit is procured, shall be collected from the shipper or party requesting movement of the shipment.

B. Except for the service charge for each permit required, evidence of payment of all permit charges shall be furnished to the shipper or party requesting movement of the shipment upon request.

4. Any notation on the bill of lading which in any way limits or denies ABF access to the vehicle in which the shipment is loaded shall be deemed by ABF to require Exclusive Use of Vehicle services in accordance with the provisions of Item 525 and 525-1 herein.

5. Shipments containing Hazardous Materials, as described in Title 49 CFR, will be subject to an additional charge of $23.20 per shipment per trailer in addition to all other applicable charges.

Any fines and/or penalties which are imposed on ABF as a result of the Shipper's failure to meet D.O.T. requirements will be charged back to the Shipper who shall reimburse ABF for losses incurred.

Note 1 - Nothing in this rule shall obligate carrier to transport shipments beyond the scope of their operating certificates or in violation of any law, regulation or ordinance.

Note 2 - Provisions of this Item do not apply on "HAZARDOUS WASTE(S) and/or WASTE MATERIAL" due to absence of carrier permit to transport such commodities.

Note 3 - Shipments containing hazardous materials or substances will not be accepted under ABF TimeKeeper^® unless the Customer or third party payor provides full disclosure and prearranges with ABF. Complete disclosure of the commodity being shipped must be made during the quotation process and the proper description must be included on the original bill of lading at time of tender to carrier.

If ABF inadvertently accepts a shipment under the TimeKeeper program that fails to meet the above conditions, the TimeKeeper program including the service guarantee therein, shall be null and void. Further, any and all liability for damages resulting from the hazardous material shall be borne by the Customer.