Holman Fenwick & William — Hazardous Materials Safety Interpretation

Page 1of Transportation J.S. Departmen 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety OCT 12 2005 Mr. Rory Butler : Ref. No. 05-0131 Holman Fenwick & William Marlow House, Lloyds Avenue London, EC3N 3AL Dear Mr. Butler: This is in response to your e-mail dated May 18, 2005 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Calcium hypochlorite, dry (UN1748). Specifically, you ask for the permissible moisture content of "Calcium hypochlorite, dry" (UN1748). The HMR do not specifically address the permissible moisture content of Calcium hypochlorite, dry. However, as your email notes, Calcium hypochlorite, hydrated (UN2880) has a specific range of not less than 5.5 percent but not more than 16 percent water. for the material to be classed as "Calcium hypochlorite, dry." Therefore, the moisture content of Calcium hypochlorite may not exceed 5.5 percent in order I hope this information is helpful. Sincerely, Office of Hazardous Materials Standards 172:101 (e) 050131#

Page 2Gorsky, Susan <PHMSA> Sent: From: Rory Butler [Rory.Butler@hfw.co.uk] To: Wednesday, May 18, 2005 10:57 AM koster Subiect: Cc: Gorsky, Susan <PHMSA> Moisture Content of Dry/Anhydrous Calcium Hypochlorite UN1748 amanda.rathbone@cliffordchance.com $172.101 6) PLEASE READ THE IMPORTANT NOTICE BELOW Dear Susan 05-0138. I understand from Shane Kelley that he has already passed my query on to you. I thought it may assist if I e-mailed across the basic question: Hydrated calcium hypochlorite (UN2880) is permitted to have a moisture content of between 5.5% to 16% (previously 5.5% to 10%). should have It could be argued (by logical inference) a moisture content of between 0 and 5.5% although equally it could be argued that dry or anhydrous calcium hypochlorite that the moisture content should be less than 1% (if you took a strict definition of anhydrous) . between 1% and 5.5%, obviously we wonder is this permitted? I are aware that a number of companies ship material as UN1748 with a moisture content of rovide that confirm the permitted moisture content of UN1748 in the US : would be grateful for any clarification you can offer, or any documents you coulo If you have any questions or would like to discuss the above please do not hesitate to This request is rather urgent and I would be grateful if you could reply during tomorrow if at all possible as your response may impact on a current matter. Thank you for your assistance. Best regards Rory Butler Rory Butler Direct Dial: Holman Fenwick & Willan Fax: 02072648310 e-mail: 020 7481 0316 rory.butler@hfw.co.uk >>> "Kelley, Shane <PHMSA>" <shane.kelley@dot.gov> 05/18/05 3:29 pm >>> > Mr. Butler, > recommended you contact Susan Gorsky at (202) I was able to speak with Bob Richard and Charles Ke. > susan.gorsky@dot.gov 366-4545 or by e-mail at > of Calcium Hypochlorite at moisture levels of between 3 and 5%? > I understood your question to be: What is the proper classification > I forwarded this question to Susan, but you may want to be in touch#

Page 3> directly with her since I know you are on tight schedule. Best Regards, Shane Kelley > Shane C. Kelley > Oftice of Hazardous Materials Safety, DHM-5 International Transportation Specialist > U.S. Department of Transportation > Pipeline and Hazardous Materials Safety Administration › Washington, D.C. 400 7th Street, S.W. Room 8421 > Fax (202) 366-5713 > Tel. (202) 366-4359 Website: http://hazmat.dot.gov/<http://hazmat.dot.gov/ E-mail: shane. kelley@dot.gov <mailto: shane.kelley@rspa.dot.gov > International Section: http://hazmat.dot.gov/intstandards.htm › <http://hazmat.dot.gov/intstandards.htm> HOLMAN FENWICK & WILLAN London EC3N 3AL Marlow House, Lloyds Avenue, Fax: + 44 (0) 20 7481 0316 Tel: +44 (0) 20 7488 2300 Website http://www.hfw.com Solicitors and registered foreign lawyers and may be privileged. IMPORTANT: This e-mail (including all attachments) is confidential It may be read, without our consent. do not disclose its contents to any other person. immediately by return e-mail or by telephone. verified from a mailed or faxed copy. Security and reliability of e-mail is not quaranteed. we operate anti-virus programmes Advice should be but you must take full responsibility for virus checking. private and confidential to any named individual. All e-mails to anyone @hfw.co.uk are communications to the firm and not The firm is regulated by A list of partners names | The Law Society. is available at the above address. 2#