Director, Manufacturing — Hazardous Materials Safety Interpretation

Page 1FEB C00 Mr. Mike Conway Ref. No. 05-0318 General Manager Trident Agricultural Products, Inc. P.O. Box 1909 Woodland, WA 98674 Dear Mr. Conway: This responds to your letter dated December 21, 2005, regarding the packaging of toxic by inhalation liquids under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether liquids described as "Toxic by inhalation liquid, corrosive, n.o.s., 6.1, UN3390, PG I, 8" may be transported in an insulated DOT 412 cargo tank motor vehicle. The answer is yes. The cargo tanks authorized for a Zone B inhalation hazard material (UN3390) are found in § 173.244 of the HMR, as limited by the applicable special provisions of § 172.102. As prescribed in § 173.244 (b), a DOT 412 cargo tank is authorized for a Zone B inhalation hazard material (UN3390). In accordance with Special Provision B14, the cargo tank must be insulated. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, tille = nitate Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 193.227 050318 173.244#

Page 205-0318 To: The Office of Hazardous Material Standards Fax: 202-366-3012 Attn: Susan Gorsky, Director From: Mike Conway Date: December 21, 2005 Re: Request for Formal Interpretation or Formal Guidance I have a question regarding the bulk hauling of Telone C35 (EPA Reg. No 62719-302). Telone C35's new UN number effective January 1, 2006 is UN3390. I have confirmed this with the marlufacturer, Dow AgroSciences, LLC. Telone C35 is 63.4% 1,3 dichloropropene, 34.7% chloropirin, and 1.9% inerts. Reviewing CFR 49 Hazardous Material Rules itiappears that C35 can be hauled in bulk using insulated DOT 412 cargo tanks that contorm to the special provisions in section 172.102 and packaging rules in 173.227 and 244; Is this correct? I spoke with a hazardous materials regulatory specialist at the Hazardous Materials Information Center. He said my conclusion was correct. I am looking for a written formal interpretation or formal guidance. Thank you in advance for your cooperation. Mike Conway General Manager#