Mr. Frank Brockmann — Hazardous Materials Safety Interpretation

Page 1f Transportatio .S. Depanmen Vashington, D.C. 2059 00 Seventh St., S.V Research and Special Programs Administration DEC 1 2 2003 Mr. Frank Bruckmann Ref. No. 03-0308 418 West Rock Avenue New Haven, CT 06515 Dear Mr. Bruckmann: This is in response to your letter dated November 25, 2003 and corresponding interaction with Ben 446°F (230°C) is regulated under the Hazardous Materials Regulations (HMR: 49 CFR Parts 171- Supko, requesting clarification on whether your Windsor and Newton oil paint with a flashpoint of 180). Specifically, you would like a letter confirming your conclusions that these materials are not hazardous and therefore should not be confiscated at the gate by Transportation Security Administration (TSA) officials when boarding an aircraft. Under § 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous material. This office generally does not perform this function. However, according to the information you have provided, we agree that these oil paints do not meet the criteria found in § 173.120 for flammable or combustible liquids. Further, from your conversation with Mr. Supko and after viewing the Materials Safety Data Sheets for the paints, we do not believe that they meet any of the hazard classes defined in Part 173 of the HMR. From the information you have provided, it is our opinion that these paints should not be classified as hazardous materials. The Transportation Security Administration (TSA), the agency responsible for security in all modes of transportation, including civil aviation, has the authority to restrict passengers from carrying materials perceived as security threats. Therefore, TSA officials may confiscate materials that they believe to be security risks even if the materials are not classified as hazardous under the HMR. To be sure that your paints will not be confiscated, you should conțact TSA prior to your trip. I hope this satisfies your request. Sincerely, Viva Emay Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 173.173 030308#

Page 2supke. $/73.173 Edward Mazzullo Director of OHMS US DOT/RSPA (dhm-10) Paint 400 7th Street SW Washington, DC 20590 03-0308 November 25, 2003 Dear Mr. Mazzullo: As a professional artist and oil painter, I would like to take my 01l paints with me on a flight to the French West Indies over the Department, they have made it clear that while oil paints are christmas holidays. After speaking to the ISA, and the faz Mats neither on the lists of being permissible nor prohibited, they are depending on the person checking baggage. I fully understand that sometimes confiscated at the gate upon boarding the aircraft, solvents are not allowed and definitely will not be bringing them. I was then recommended to contact you, because I understand that you could supply me with a letter that would allow me to travel with my oil paints, and I would be able to work with them when reaching our destination. Would you please send this documentation to me at the following address: Frank Bruckmann 418 West Rock Avenue or Email: fbruckmann@earthlink.net New Haven, CT 06515 Because having the oil paints is so important to me, I was hoping risk their potential loss. to get some sort of documentation from you, so I wouldn't have to Attached you will find some information about the oil paints and returning December 30th. themselves. My Flight is just before Christmas, on December 22nd, If you need further information, ne at fbruckmann@earthlink.net I hope there is enough time to take Flight numbers or times, please call me at (203) 389-5865 or email care of this. Thank you in advance for your cooperation. Sincerely, Frank Bruckmann#

Page 3MANSOR O Artists : Pigment: Cadmium 2 Sulphide PY35 Oil Colour Vehicle: Safflower O Cadmium ASIm D 4236 Conferms to Yellow 6005e WARNING: DU NOT SPRAY Permanence A 108% APPLY. This preduct contains camium, a chemical known Series 4 to the Stale of Califomia to Jaune de Cadmium cause cancer by aneans of inhalation. Amarillo de Cadme Kadmiumgelb Giallo di cadmio 120 ml e 1230 108 4 U.S.fl.oz London HA3 5RH. Tel: 0181-421 Made in England by Winsor aH#