Considar, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S.Department of Transportation 400 Seventh Street, S.W. Research and Washington, D.C. 20590 special Programs Idministration MAR 2 3 2000 Ms. Noreen McDonald Considar, Inc. Ref. No. 00-0058 825 Third Avenue New York, NY 10022 Dear Ms. McDonald: This is in response to your letter requesting confirmation that the test results of a sample of 75% ferrosilicon, ferro silicon chrome and ferro silicon calcium demonstrate that it CER Parts 171-180). is not subject to the Hazardous Materials Regulations (HMR; 49 You state that your product was tested in accordance with the test method described in 49 CFR part 173, Appendix E it does (revised edition as of October 1, 1996), and found When Wet) material. not meet the definition of a Division 4.3 (Dangerous As provided in $ 173.22, it is the shipper's responsibility to properly classify a hazardous material. However, if the ferrosilicon handled by your company is the same material that was tested in accordance with requirements that now appear in the U.N.. Manual of Tests and Criteria, and determined not to ste and crateria and detai meet the Division 4.3 criteria, it is not subject to the HMR. I hope this satisfies your request. Sincerely, tom orn A. Cellar Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 000058 172.101(f) -#

Page 2iritten CONSIDAR, INC. TELEX: WUI 66403 TEL: (212) 940-8070 - FAX: (212) 980-0155 00-0058 February 14, 2000 U.S. Department of Transportation -00 Seventh Street S.W lesearch and Special Programs Administratio Washington, D.C. 20590 Attn: Office of Harzardous Materials Standards Gentlemen: We are currently dealing in 75% ferrosilicon, ferro silicon chrome and ferro silicon calcium. We have had the material tested in accordance with DOT Standard 173, Appendix E, Division 4.3 (dangerous when wet material) and are enclosing the results herewith. It is our understanding that the enclosed results show that the 75% ferrosilicon, ferro silicon chrome and ferro silicon calcium would not fall into the category of Hazardous Material and therefore does not require special handling or marking. We would appreciate it if you would confirm that you agree with the above. If you have any questions, please let us know. Thank you in advance for your help in this matter. Sincerely yours, Considar, Inc. Toreen Datold Noreen McDonald -#