Akzo Nobel Chemicals Inc. — Hazardous Materials Safety Interpretation

Page 1f Transportation .S. Departmer 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Aciministration Hazarclous Materials Safety MAR 2 3 2006 Mr. Mark A Connolly Ref. No. 06-0057 Manager Transportation Regulations and Security Akzo Nobel Chemicals Inc. 525 West Van Buren Street Chicago, IL. 60607-3823 Dear Mr. Connolly: This is in response to your March 3, 2006 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the shipment of Organometallic substance, liquid, pyrophoric, water-reactive, 4.2, 4.3, UN3394, PG I, which is being offered for transportation in accordance with the provisions of the International Maritime Dangerous Goods (IMDG) Code. You state in your letter that your package conforms to the requirements of the IMDG Code, but not to the requirements of § 173.181. As provided by § 171.12, a hazardous material that is packaged, marked, classed, labeled, placarded, described, stowed and segregated, and certified in accordance with the IMDG Code may be offered and accepted for transportation and transported within the United States subject to certain conditions and limitations. A material that is transported by vessel may be prepared in accordance with the IMDG Code instead of the specific provisions of § 173.181. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 171.12 060057#

Page 2Leary $171.12 Importa Export Shipments 86-0057 March 3, 2006 Mr. John Gale Chief, Office of Hazardous Materials Standards U.S. Department of Transportation Pipeline and hazardous Materials Safety Administration 400 7th Street, S.W., DHM-10 Washington, D.C. 20590-0001 Subject: DOT Clarification Authorizing the Use of IMO Authorized Packaging in Accordance with 49CFR171.12(b) for the Export of hazardous materials From U.S. to foreign Locations Akzo Nobel is competing with foreign based companies for a business opportunity in the review and clarification of the requirements of 49CFR 171.12(a), (b)(1)-(22) and request Asia pacific region. We have a very brief window of opportunity and request your prompt your clarification regarding compliance for the scenario below: We desire to export and or import via international water material classified as: Organometallic substance liquid, pyrophoric, water-reactive 4.2, (4.3), UN3394, PGI, Packaged in: A combination package consisting of an outer UN1A2 steel drum with a maximum net inner metal containers of not more than 4 liter capacity. Each inner packaging has mass not exceeding 150 kilograms. Each UN1A2 drum contains hermetically sealed threaded closure(s) with opening(s) which exceed 1 inch in diameter, with fitted combustible material in quantity sufficient to absorb the entire contents. The inner packaging is cushioned on all sides with dry absorbent non- This packaging meets the requirements of IMO P400 for this material. Shipping Paper notation: Prepared in accordance with 49CFR171.12/IMO all or part of transport via vessel. packaging requirements of 49CFR173.181 for the U.S. domestic portion of the export or There is some concern that the above desired shipment must comply with the DOT import shipment. These requirements differ from the IMDG Code in that they limit the size of the opening(s) in the inner packaging to no more than 1 inch in diameter. Akzo Nobel Chemicals Inc 525 West Van Buren Street Chicago, IL 60607-3823#

Page 3It is my understanding that for the export or import via water, the DOT authorizes the which is packaged, marked, classed, labeled, placarded, described, stowed and offering and accepted for transport and transported within the U.S. of the material above, accordance with the applicable conditions and limits of 49CFR171.12(b) (1) thru 22. segregated and certified in accordance with the IMDG code and is prepared in have openings which are less than 1 inch provided it meets all other requirements of For these export and import shipments via vessel, the inner package is not required to 49CFR 171.12 and P400 of the IMDG code. We request your clarification that the application of 49CFR171.12(b) to the above noted specified packaging to facilitate international trade. The intent of the use of the scenario, authorizes the use of International Maritime Organization (IMDG code) conditions and limits of this section of the DOT regulations is to ensure that the IMO 173.24a and 173.28 no the specific requirements of 173.181. code specific package meet the general packaging requirements of 49CFR 172.24, Do you concur with the above noted understanding? Your assistance in this matter is appreciated Regards, Madel come Mark A. Connolly Manager Transportation Regulations and Security Akzo Nobel Chemicals Inc. Telephone:312.544.7177 Facsimile: 312.544.7087 Email:mark.connolly@akzonobel.com Akzo Nobel Chemicals Inc 525 West Van Buren Street Chicago, IL 60607-3823#