Seacon Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety MAR 10 2005 Mr. Sean E. Condren President Ref. No. 05-0032 Seacon Corporation 525 N. Tryon St., Suite 1600 Charlotte, NC 28202 Dear Mr. Condren: This is in response to your request for clarification concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the domestic transportation of "Azodicarbonamide," UN3242. Specifically, you ask whether your material is regulated under the HMR. You state that the material has a self-accelerated decomposition temperature (SADT) above 75 °C and does not meet the definition of Division 4.1 or any other hazard class under the HMR. In the § 172.101 Hazardous Materials Table, "Azodicarbonamide," UN3242 is assigned Special Provision 38, which states that when the SADT of the technically pure substance is higher than 75°C, the substance and formulations derived from it are not self-reactive, and provided the material does not meet any other hazard class, it is not regulated under the HMR. If these conditions are met, you are correct that your azodicarbonamide is not regulated under the H.MR and, therefore, is not regulated for domestic transportation. However, as also contained in Special Provision 38, if the azodicarbonamide shows a violent effect during testing involving heating under confinement, the material is regulated for domestic transportation and must be packaged in accordance with Packing Method OP6 in § 173.225 and meet the labeling requirements in Special Provision 53. I hope this information is helpful. Please contact this office if we can be of further assistance. Sincerely, Hitle 7. Mithill Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Safety 172.101 050032#

Page 2FEB 09 2005 11:47AM SEACON CORP 704-331-3921 p.2 SEACON MInture 525 N. Tryon St. Seacon Corporation Suite 1600 CORPORATION $172.101 (704) 331-3920 Charlotte, NC 28202 (704) 331-3921 fax scan@scaconcorp.com Applicability Akron, OH 44301 1145 Highbrook Sc. February 9, 2005 (330) 376-505: 05-0032 (330) 376-2888 fe Director, Office of Hazardous Material Standards Mr. Edward Mazzullo • 400 7* Street S.W. U.S. D.O.T. / RSPA (DHM-10) Washington, DC 20590-0001 Re: Azodicarbonamide / UN3242 Dear Director Mazullo: Seacon Corporation imports Azodicarbonamide and ships this material to customers throughout the U.S. This chemical is regulated as a 4.1 flammable solid by the IMDGC, and is also listed in the 49 CFR 172.101 Hazardous Materials Table as a 4.1 flammable solid. Special Provision 38, and formulations derived from it are not self-reactive materials." assigned to this entry, states that "if the SADT is higher than 75°C, the technically pure substance these grades do not meet the definition of "Readily Combustible Solid," are not forbidden All grades of azodicarbonamide Seacon ships in the U.S. have SADT above 75°C. Furthermore, materials, and do not meet the definition of any other hazard class as prescribed in §172.101(a)(12)(iv). chemical name is listed in the HMR table and each carton we ship has a 4.1 label because of Though we do not describe azodicarbonamide as a hazardous material on our shipping papers, the IMDGC regulations. As you can imaginc, this contradiction creates confusion with our customers, trucking companies, and warehouses. azodicarbonamide with SADT above 75°C are non-hazardous? We would then use this letter to Would your office please send Seacon a brief letter of clarification stating that shipments of resolve any disputes that might arise. Please feel free to contact our office if you have any questions or require additional information. Thank you for your consideration. Sincerely, Cubanke President Sean E. Condren#