CONSIDAR, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh St., S.W. Research and Special Programs Administration SEP 2 3 2003 Ms. Noreen McDonald Ref. No.: 03-0218 CONSIDAR, Inc. 825 Third Avenue New York, NY 10022 Dear Ms. McDonald: This responds to your letter dated August 20, 2003, regarding classification of "Magnesium ferro silicon" in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). As indicated in the enclosure to your letter, tests were performed in accordance with Part 173, report showing results that your company's product containing "Magnesium ferro silicon" is not classed Appendix E, Division 4.3 (Dangerous when wet) criteria by an outside laboratory, which issued a as a "Division 4.3 (Dangerous when wet) material. It is your understanding that the enclosed results mean that the magnesium ferro silicon is not subject to the HMR and not regulated for purposes of transportation. In a final rule issued under Docket HM-215B [62 FR 24690; 5/6/97], we removed "Part 173, Appendix E, Guidelines for Classification and Packing Group Assignment for Class 4," (Divisions 4.1, 4.2 and 4.3) materials from the HMR. In its place, we adopted the "UN Manual of Tests and Criteria" to maintain alignment with corresponding provisions of international standards. Therefore, the Appendix E guidelines may not be used to determine classification and packing group assignment for a Division 4.3 material. Instead, the material must be tested in accordance with the "UN Manual of Tests and Criteria," as prescribed in § 173.124(c). A copy of the pertinent pages from the Manual is enclosed for your use. I hope this satisfies your inquiry. Sincerely, Susan Gorsky Then Berry Senior Transportation Regulations Specialist Office of Hazardous Materials Standards Enclosure 173.124 030218#

Page 2Engrum CONSIDAR, INC. TEL: (212) 918-8000 / FAX: (212) 918-8076 825 THIRD AVENUE, NEW YORK, NY 10022 §173.124 Definition ISO 9002 03-0218 August 20, 2003 U.S. Department of Transportation Research and Special Programs Administration 400 Seventh Street S.W. Washington, D.C. 20590 Attn: Office of Hazardous Materials Standards Gentlemen: accordance with DOT Standard 173, Appendix E, Division 4.3 (dangerous when wet We are currently dealing in magnesium ferro silicon. We have had the material tested in materíal) and are enclosing the results herewith. It is our understanding that the enclosed results show that the magnesium ferro silicon 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 Noreen McDonald are "er.'#