Director, Manufacturing — Hazardous Materials Safety Interpretation

Page 1JAN 3 0 2006 Jerry Jones, Ph.D. Ref. No. 05-0317 Director, Manufacturing/ Organic Synthesis Chemic Laboratories, Inc. 480 Neponset Street Bldg. 7 Canton, MA 02021 Dear Dr. Jones: This responds to your letter dated December 19, 2005, regarding the classification of your company's product under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the classification of your product would change under the HMR after additional constituents are added to its original formulation. The original product formulation is described as "Resin solution, flammable, Class 3, UN1866, PG II, " a solution containing approximately 50% ethanol, to which you add five additional non-hazardous constituents. You state that the specific gravity, vapor pressure, and flash point of the original formulation is not altered when the additional constituents are added and that the new formulation is compatible with its original packaging. You intend to re- ship the new formulation in its original packaging. In accordance with § 173.22 of the HMR, it is the shipper's responsibility to properly class and describe a hazardous material for transportation. This Office does not perform that function. However, it is our opinion that the altered formulation of the product your company receives does not change the original classification of that product and therefore, it may continue to be described as "Resin solution, flammable, Class 3, UN1866, PG II." 172.101(1)(10) 050317#

Page 2Halle z. Matthe l Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3TO: Office of Hazardous Materials Technology PHH-20 US Department of Transportation 400 7th St., S.W. Fax: 202-366-3650 Washington, DC 20590-0001 Phone: 202-366-4545 FROM: Jerry Jones, Ph.D • Chemic Laboratories, Inc. Director, Manufacturing/Organic Synthesis Fax: 781-821-5651 Phone: 781-821-5600 x209 gsi@chemiclabs.com Number of pages (including cover page): 2 Urgent _ Routine" Reply requested Nol Dear Sir/Madam: 1 am seeking guidance in regard to product characterization and HazMat classification according to CFR49. I have communicated my request by voice mail at 202-366-4545 (12/14/05), but have yet to be contacted. The background information can be found on the following page. Thank you. The information contained in this facsimile is privileged and confidential information and is intended only for the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution copying of this communication is strictly forbiddon. If you have rectived this communication in crror, please notify Chemic Laboratories, Inc. hy telephone and return the original message by US postal service at the following address. Chemic Laboratories, Inc. 480 Neponset Street - bldg. 7 Canton, MA 02021 Phone: (781) 821-5600#

Page 4Specifically, the final formulation consists of ~ 90% Gantrez ES-225 solution, which is classificd as "resin solution, flammable" (UN1866). The remaining components in the formulation include suppletental cthanol (~5%) (Notc: Gantrez ES-225 solution is 50% ethanol), fumed silica (~5%), and four additional ingredients, none of which appears in the 172.101 Hazardous Materials Table, and none of which is present in the formulation at >0.2% w/w. Chemin is pad kige to for are the formulation in the sri gal rum ten bich oteines 22s physical properties of the final formulation (density, flash point, vapor pressure) are not believed to bo significantly different from those of the Gantrez F.S-225 solution, and none of the additional ingredients is believed to be incompatible with the Gantroz ES-225 container. referred shipping name should be. We would appreciate your guidance in this matte seems that this situation may be covered 1t 12.01(c)(i0), but it is not clear what th#