Buckingham, Doolittle & Burroughs, LLP — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Streel, S.W. Pipeline and Hazardous Materials Safety Administration MAY 23 2006 Mr. David J. Hrina Buckingham, Doolittle & Burroughs, LLP Ref. No. 06-0091 50 S. Main Street P.O. Box 1500 Akron, OH 44309-1500 Dear Mr. Hrina: This is in response to your April 12, 2006 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to rubber chemicals. Under § 173.22, it is the shipper's responsibility to properly class and describe a hazardous material. Such determinations are not required to be verified by this Office. powder form, are offered for transportation in a polymerically sealed binder material. According to your letter, the chemicals, which are hazardous materials in their pure You state that when sealed in the binder material the materials are insoluble in water and do not meet any of the hazard class definitions in Part 173. If a material does not meet one or more hazard class criteria in Part 173, and is not a hazardous substance, hazardous waste, or marine pollutant, it is not subject to the HMR. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely. 1XS8 John Chief, Standards Development Gale Office of Hazardous Materials Standards 172.10/ 060091 173.22#

Page 2Lear 3/12.101 BUCKINGHAM, DOOLITTLE & BURROUGHS, LLP Attorneys & Counselors at Law AppPicability Esperience. Service. Excoellence.sM 06-0097 50 S. Main Street P.O. Box 1500 Akron, Ohio 44309-1500 Akron 330.376.5300 Toll Free 800.686.2825 Fax 330.258.6559 www.bdblaw.com Boca Raton rina@bdblaw.c vid J. Hri Direct Dial: 330-643-0212 Canton Direct Fax: 330-252-5312 Columbus Cleveland April 12, 2006 VIA REGULAR U.S. MAIL Pipeline and Hazardous Material Safety Administration U.S. Department of Transportation Office of Hazardous Materials Standards 400 7" Street, S.W. Attn: Ed Mazzullo Washington, D.C. 20590 Re: Request for Interpretation Dear Mr. Mazzullo: The undersigned and the law firm of Buckingham, Doolittle & Burroughs, LLP represent a materials. These chemicals are now bound in a polymerically sealed binder. I understand that company that desires to ship rubber chemicals that in their pure powder form are DOT hazardous Tolyguanidine, or Zinc Dimethyldithiocarbamate in pellet form (collectively, the "Products"), is the polymeric binder containing the DOT Hazardous Materials, specifically: Thiram, or Di-O- According to 49 C.F.R. $172.101, Appendix A, the reportable quantity ('RQ") for Thiram is 10 Ibs., and the reportable quantity for Zinc Dimethyldithiocarbamate (Ziram) is 1 lb. corrosive, combustible, nor present a hazard to the environment through leaching. In the above described pellet form, I understand that the Products are neither flammable, toxic, DOT hazardous materials. Further, if the Products are deemed DOT hazardous materials, can We respectfully request your office's opinion as to whether the Products must be shipped as our client ship the Products as non-hazardous if the Products are shipped in quantities below the RQ? Please feel free to contact me if you have any question or require additional information to complete your analysis. Very truly yours, David J. Hrina#