Gulf Trading (Alabama), Inc — Hazardous Materials Safety Interpretation

Page 1400 Seventh Street. S.W. Washington, D.C. 20590 MAR 2 3 2000 Mr. Mark Walker Gulf Trading Ref. No. 00-0057 PAttsamagh Office 1100 Washington Ave., Suite 312 Carnegie PA 15106-3617 Dear Mr. Walker: This is in response to your letter requesting confirmation ferrosilicon demonstrate that it is not subject to the that the test results of a sample of magnesium bearing Hazardous Materials Regulations You state that your product was tested in accordance with the (HMR; 49 CFR Parts 171~180). edition as of October 1, 1996), and found it does not meet the test method described in 49 CFR part 173, Appendix E (revised definition of a Division 4.3 (Dangerous When Wet) material. As provided in properly classify a hazardous material. § 173.22, it is the shipper's responsibility to ferrosilicon handled by your company is the same material that However, if the tested in accordance with requirements that now appear in the U.N. Manual of Tests and Criteria, and determined not to meet the Division 4.3 criteria, it is not subject to the HMR. I hope this satisfies your request. Sincerely, Thoms I. Allow Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 000057 172.101 (f) -#

Page 2Turtty January 20, 2000 GULF TRADING 00-0057 Mr. Delmer Billings GULF TRADING Chief, Regulations Development (ALABAMA), INC. Office of Hazardous Materials Standards Pittsburgh Office 400 Seventh St. S.W. Suite 312 1100 Washington Ave. Washington, DC 20590 Carnegie, PA 15106-3617 Phone (412) 276-6311 Dear Mr. Billings, Fax E mail:gulfpitt@bellatlantic.net (412) 276-6323 Gulf Trading (Alabama) has tested our magnesium bearing ferrosilicon at the laboratories of Andrew S. McCreath and Son, Inc. and we submit the test results for vour review. It is our contention that our ferrosilicon does not meet the criteria of a division 4.3 material under HMR: 49 CFR Parts 171- 180. McCreath tested the material in accordance with the method described in Appendix E part 173 and their results are attached to this letter. We request that the department issue an exemption for our ferrosilicon. Thanking you in advance, I remain Sincerely yours, Mack Muelle Mark Walker Sr. Vice President#