Morton International — Hazardous Materials Safety Interpretation

Page 1400 Seventh Street, S.W. Washington, D.C. 20590 August 17, 1999 Walter Sherwood Ref. No. 02-0286 Morton International 60 Willow Street North Andover, Massachusetts 01845 Dear Mr. Sherwood: This is in response to your letter of August 11, 1999 regarding the shipment of Dimethylhydrazine, Unsymetrical, UN 1163, which is being offered for transportation in accordance with the provisions of the International Maritime Dangerous Goods (IMDG) Code. You should be aware that although we allow shipments of hazardous materials prepared in accordance with the requirements of the IMDG Code to be transported in the United States, there are conditions and limitations in 49 CFR Hazardous Materials Regulations (HMR) § 171.12 which are applicable to shipments prepared in accordance with the requirements of the IMDG Code. According to § 171.12(b)(8) your shipment must comply with the following: § 171.12(b)(8) When a hazardous material, which is subject to the requirements of thé IMDG Code, is a material poisonous by inhalation (see §171.8 of this subchapter)- Inhalation Hazard" or "Inhalation Hazard" (i) The shipping description must include the words "'Toxic Inhalation Hazard or Poison ", as required in §172.203(m) of this subchapter; (ii) The material must be packaged in accordance with the requirements of this subchapter; and (ill) The package must be marked in accordance with §172.313 of this subchapter and labeled and placarded with "POISON INHALATION HAZARD" or "POISON GAS", as appropriate, in accordance with subparts E and F, respectively, of part 172 of this subchapter. On this basis, even though we authorize the use of labels according to the IMDG Code, your 172,401 020286#

Page 2The HMR also provides for a delayed implementation of the poison inhalation hazard placard requirement. In § 171.14(b) a transitional provision states that "For materials poisonous by inhalation, by all modes of transportation, until October 1, 2001, placards may be used that conform to specifications for placards in effect on September 30, 1991, (2) specified in the December 21, 1990 final rule, or (3) specified in the July 22, 1997 final rule." Therefore, until October 1, 2001 an inhalation toxicity placard is not necessaty. Please note, however, that requirements is authorized immediately and that the packaging, package marking, transport voluntary compliance with the requirements for the inhalation toxicity label and placarding vehicle or freight container marking in § 172.313(c) and shipping paper requirements in § 171.12(b)(8) must be met. Sincerely, Bat Rind for Frits Wybenga International Standards Coordinator for Hazardous Materials Safety#

Page 3•Morton August 11, 1999 Mr. Frits Wybenga Office of Hazardous Material Safety Washington DC 20590-0001 Dear Mr. Wybenga: export shipments of Dimethylhydrazine Unsymmetrical, UN 1163? Would you be able to provide me the proper labeling, marking, and documentation requirements for I have been notified by Mr. Matthew Krynski, the Hazardous Materials Compliance Manager of Hapag Lloyd America, that units of Dimethylhydrazine Unsymmetrical, 6.1, UN 1163, PG I, could not be carried by Hapag Lloyd to Europe due to improper labeling and marking. Because of the transit time requirements. involved, this refusal had a severe negative impact on our ability to meet our customer's delivery Currently, our export shipments of Dimethylhydrazine are packaged, labeled and marked in compliance label and does not mention or imply a inhalation zone classification. As I understand the "Prohibited with IMDG Code, volume IV, page 6132. This IMO regulation requires "Toxic" to be the primary hazard labeling" section of the 49 CFR, 172.401 (c)(I)(2), the "Toxic" label is allowed for international Bill of Lading generated for these shipments complies with the "Additional description requirements" shipments and the IMDG labels and descriptions would not hinder transportation to the port. The Straight 172.203(m)(3) which requires poison inhalation hazard wording to be used. If we were to comply with Hapag Lloyd's request to use domestic based marks and labels, I am concerned that these units would not be in compliance both on board the vessel and in European transport. Dimethylhydrazine is a growing part of our export profile and will be included in future shipments. Since his is impacting our business financially and jeopardizing our customer relationships, we need to resolv his conflict by you providing us direction as quickly-as possible Please contact me by telephone (978) 557-1727 or fax (978) 557-1729 should you have any questions. Thank you. Wale Stewoos Walter Sherwood Materials Coordinator Morton Performance Chemicals Morton International, Inc., 60 Willow Street, North Andover, MA 01845-5917 978/774-3100 Fax 978/6891555 557-1727 Fax 978 557 - 1729#

Page 4(8) When a hazardous material, which is subject to the requirements of the IMDG Code, is a material poisonous by inhalation (see §171.8 of this subchapter)- (i) The shipping description must include the words Toxic Inhalation Hazard or Poison Inhalation Hazard" or "Inhalation Hazard", as required in §172.203(m) of this subchapter; (il) The material must be packaged in accordance with the requirements of this subchapter; and (iii) The package must be marked in accordance with §172.313 of this subchapter and labeled and placarded with "POISON INHALATION HAZARD" or "POISON GAS", as appropriate, in accordance with subparts E and F, respectively, of part 172 of this subchapter. © Copyright 1999, TEXT-Trieve, an American Labelmark Company.#