Glencore — Hazardous Materials Safety Interpretation

Page 1f Transportatio .S. Departmer Washington, D.C. 20590 400 Seventh St., S.W Research and MAR - 7 2001 Mr. Michael O'Connell Ref. No. 01-0061 Glencore Three Stamford Plaza 301 Tresser Boulevard Stamford, CT 06901-3244 Dear Mr. O'Connell: This 18 in response your February 27, 2001 letter, regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to ferrosilicon, with 65 to 75 percent silicon. Under § 173.22, it is the shipper's responsibility to properly classify a hazardous material. Such determinations are not required to be verified by this office. However, based on the test results you provided, it is our opinion that the ferrosilicon described in your letter does not meet the criteria of a Division 4.3 and provided it does not meet any other hazard class, is not subject to the HMR. I hope this satisfies your request. Sincerely, Office of Hazardous Materials 173.22 010061#

Page 2FEB 21 2001 14:59 FR GLENCORE LTD 4 203 328 3177 TO 912823663012 P.02/02 GLENCORE Ltd. Mr. Michael O'Connell Glencore Ltd. 301 Tresser Boulevard Stamford, CT 06901-3244 Dear Mr. O'Connell: This is in response to Hugh Stewart's letter dated October 9, 2000 and your produced by Silicon Technology (Pty) Ltd. The Hazardous Material Regulations govern the transportation of hazardous materials in commerce. Under 49 CFR 173.22, it is the shipper's responsibility to properly classify a hazardous material. Such determinations are not required to be verified by this office. Based upon the test results you provided, it is our opinion that the ferrosilicon manufactured by Silicon Technology (Pty) Ltd does not meet the criteria of a Division 4.3 and provided it does not meet any other hazard class, it is not subject to the HMR. I hope this satisfies your inquiry. If you need any additional assistance, do not hesitate to contact us. Sincerely, Edward T. Mazzullo Director Office of Hazardous Material Standards US DOT / RSPA (DHM-10) 400 7th Street Southwest Washington, DC 20590-0001 Three Stamford Plaza • 301 Tresser Boulevard • Stamford, CT 06901-3244 • U.S.A. Telephone (203) 328-4900 • Telefax (203) 328-3177 • Telex 6819406 ** TOTAL PAGE.02** -#