Tyco Specialty Products — Hazardous Materials Safety Interpretation

Page 1.S. Departmen f Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration 3 2006 Ms. Nicole Curcio Ref. No. 06-0047 Tyco Specialty Products Mallinckrodt Baker, Inc. 600 N. Broad St. Phillipsburg, NJ 08865 Dear Ms. Curcio: This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) pertaining to the transportation of various concentrations of silver nitrate. You ask whether diluted forms of silver nitrate are regulated under the HMR. Under the HMR, if diluted solutions of silver nitrate (composition of solutions were not included in your letter) do not meet the definition for Division 5.1 (oxidizers) materials in § 173.127, and do not meet the definition of any other hazard class, hazardous substance or hazardous waste, the material is not regulated under the HMR. I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, Hith Till Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 172.101 173.136 060047 173,127#

Page 2tyco McIntyre 222 Red School Lane Mallinckrodt Baker, Inc Specialty Products Phillipsburg, NJ 08865 313:136 Fax 90689-3291 Mallinckrodt Baker Exceptions 06-0047 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (DHM-10) 400 7th Street S.W. Washington, D.C. 20590-0001 February 7, 2008 Dear Mr. Mazzullo, This letter is a request for a letter of interpretation and/or exception regarding a hazardous material, silver nitrate. To give you a brief overview of the situation, our company sells silver nitrate in various concentrations. We currently classify our concentrated silver nitrate products as listed in the 49 CFR under the UN1493 classification. However, we also carry some very diluted forms of silver nitrate that we feel is not hazardous enough to be a regulated item. We have been using a previously issued exception letter, Ref. No. 00-0249, addressing a similar concern regarding an exception for shipments of water samples is with some quidance for the hazard determination of some of our Hvdrochloric ontaining various limited quantities of Class 8, corrosive materials. This letter provide Sulfuric and Nitric Acid solutions. I would appreciate it if you can please reply back with an official interpretation from the hazmat administration as to whether or not there can be a similar exception made for silver nitrate (UN1493) with specific concentration cut-offs or limitations. Mallinckrodt Baker, Inc. 600 N. Broad Street Phillipsburg, NJ 08865 (908)859-2151 ext. 9764#

Page 3Once again, thank you in advance for you help and clarification in this matter, and I look forward to hearing from you. The response can be forwarded to the below address, and should you have any questions, please feel free contact me at the number also provided below. Sincerely, Nicollins Nicole Curcio Quality Information Administrator#