Ferroatlantica — Hazardous Materials Safety Interpretation

Page 1J.S. Department of Transportatior 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety APR 20 2006 Mr. Edward Hopkins Ref. No. 06-0055 Ferroatlantica 60 Public Square Suite 350 Medina, OH 44256 Dear Mr. Hopkins: This is in response to your February 13, 2006 letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to ferrosilicon containing 75% silicon. Specifically, you request confirmation from this office that the test report submitted with your letter provides sufficient verification that the tested materials are not subject to the requirements of the HMR. As provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous material. Such determinations are not required to be verified by this office. However, based on the test results you provided, it is our opinion that your ferrosilicon containing 75 percent silicon does not meet the definition of a Division 4.3 material and, provided it does not meet the criteria for another hazard class, it is not subject to the HMR. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, John A. Gale Chief, Standards Development Office of Hazardous Materials Standards WITHIN 173:22 060055#

Page 2Eichenaub $172.101(f) FERROAȚLANTIÇA North America $173.22 $173.124 4:05 Shipper's Responsibility 06-0055 February 13, 2006 Associate Administrator for Hazardous Materials Safety Research and Special Programs Administration 400 7* Street, S.W. U.S. Department of Transportation Washington, DC 20590-001 Attention: DHM-31 To The Office of Hazardous Materials Standards: On behalf of Ferroatlantica I am requesting a permanent exemption to Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for ferrosilicon with 75 percent silicon. Please find included with this request the spontaneous ignition test results as performed under UN Manual of Tests and Criteria 173.124 (dangerous when wet material). This request is being made for the transportation of the subject material by both covered bulk dump truck and packaged material by covered flatbed truck for which we will act as the shipper. I represent that I am a resident of the United States and should you have any questions or concerns regarding this request, I can be reached at: Ferroatlantica 60 Public Square, Suite 350 Medina, Ohio 44256 Ph. (330) 764-3500 Fax. (330) 764-3550 Thank you in advance for addressing our request. Sincerely, Glend Halina Edward Hopkins General Manager Ferroatlantica 60 Public Square, Suite 350 Tel: 1 330 764 3500 Medina, Ohio 44256 - USA Fax: 1 330 764 3550#