CONSIDAR, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration NOV - 7 2003 Ms. Noreen McDonald Ref. No.: 03-0254 CONSIDAR, Inc. 825 Third Avenue New York, NY 10022 Dear Ms. McDonald: This responds to your follow-up letter dated October 6, 2003, regarding classification of "Magnesium ferro silicon" in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). We responded to a previous letter from your company, dated August 20, 2003, on the same subject on September 23, 2003. As indicated in the enclosure to your letter, tests were performed in accordance with the "UN Manual of Tests and Criteria" by an outside laboratory, which issued a report showing results that your company's product containing "Magnesium ferro silicon" is not classed as a "Divisior 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. Based on the information you provided, it is our opinion that your company's product containing Magnesium ferro silicon, tested in accordance with the "UN Manual of Tests and Criteria," does not meet the definition in § 173.124(c) for a Division 4.3 (Dangerous When Wet) material. Therefore, provided the material does not meet any other hazard class definition, it is not subject to the HMR and not regulated for purposes of transportation in commerce. I hope this satisfies your inquiry. Sincerely, Ease Day Susan Gorsky Senior Transportation Specialist Office of Hazardous Materials Standards 173.124 030254#

Page 2Engrum CONSIDAR, INC. TEL: (212) 918-8000 / FAX: (212) 918-8076 825 THIRD AVENUE, NEW YORK, NY 10022 $173.124 ISO 9002 Definition 03-0254 October 6, 2003 Research and Special Programs Administration U.S. Department of Transportation. 400 Seventh Street S.W. Washington, D.C. 20590 Attn: Ms. Susan Gorsky Office of Hazardous Materials Standards Re: Magnesium Ferro Silicon Dear Ms. Gorsky: We are currently dealing in magnesium ferro silicon. We have had the material tested in accordance with UN Manual of Tests and Criteria 173.124 (dangerous when wet material) 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. any questions, please let us know. We would appreciate it if you would confirm that you agree with the above. If you have Thank you in advance for your help in this matter. Considar, Inc. Sincerely yours, McDonald » Noreen McDonald#