Degussa Corporation — Hazardous Materials Safety Interpretation

Page 1.S. Departmer f Transportatio Wastington, D.C. 20590 400 Seventh Street, S.W. ipeline and Hazardol aterials Safety Administratic MAR 16 2007 Mr. John Foglio Degussa Corporation Ref. No.: 07-0046 Parsippany, New Jersey 07054-8042 379 Interpace Parkway Dear Mr. Foglio: Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of This is in response to your January 29, 2007 letter regarding the applicability of the acetone cyanohydrin. "Acetone cyanohydrin, stabilized" is listed in the Hazardous Materials Table (HMT; § 172.101) as a Division 6.1 (poisonous) material in Packing Group I. Special provision "2" in Column (7) of the HMT indicates that the material toxicity data that indicates that your material does not meet the definition of a poison must be packaged and described as an inhalation hazard in Hazard Zone B. You provide inhalation hazard. You ask if it is appropriate to transport the material in accordance with material. a different proper shipping name that more accurately represents the hazards o: your Under § 173.22, it is the shipper's responsibility to properly class and describe a hazardous material. Section 172.101(c)(12)(i) states, "Except when a proper shipping name in the HMT is preceded by a plus (+), if it is specifically determined that a material meets the definition of a hazard class, shown in association with the proper shipping name, or does not meet the defining packing group, or hazard zone, other than the class, packing group or hazard zone criteria for a subsidiary hazard shown in Column 6 of the Table, the material shall correct hazard class, packing group, hazard zone, or subsidiary hazard for the be described by an appropriate proper shipping name listed in association with the material." After reviewing the data you submitted, we have determined that your product is most 172.101 (c)(z/i) 173.22 070046 173.133#

Page 2proper shipping name must be made from the generic or n.o.s. descriptions corresponding to the specific hazard class, packing group, hazard zone, or subsidiary hazard, if any, for the material. We recommend using the proper shipping name "Toxic liquid, organic, contact this office. I hope this information is helpful. If you have further questions, please do not hesitate to Sincerely, Office of Hazardous Materials Standards#

Page 3FEB-21-2007 07:46 From: DEGUSSA 973 541 8040 Eichenlaus To: 912023663753 P.1/9 Te: Derral Releford $173.22 3173: 159 Hamprit said for me yo send Classi 07-004k icatior degussa. creating essentiais Thire To you. The originalo seen po be merplared.. Please call me to confirm DEGUSSA CORPORATION 379 INTERPACE PARKWAY receiit of Thie. PARSIPPANY,NJ 07054-0677. Thanks PHONE: DIRECT: 973) 541-8042 Join FAX: (973) 545 - 8040 January 29, 2007 john.foglio@degussa.com Associate Administrator for Hazardous Materials Safety Page ! f 9 Pipeline and Hazardous Materials Attention: Approvals, PHM-32 Saftly Administration, 400 7* St. SW, U.S. Department of Transportation Washington, DC 20590-0001 Re: Subsequent Information for Request for Approval : 8133/100 dated January 10, 2007 - Acetone Cyanohydrin Dcar Madam / Sir, In the third paragraph of our request for approval, copy altached, I stated "The scoond chomist material still does not fit into PH in accordance with 173.133". I would also like to take this opportunity to supply the appropriate pages of the European Chemicals Bureau Datasct which contains the LC. Lo and vapor pressure. should to ship tank cars because the regulations consider this material PIH. Underithe Our shipments are scheduled to begin in a week or two. It will cost a lot more moncy than it costs associate ve th a the real transpring red material and e dates evil returned reflect those added costs. May we please hear from you as soon as possible. Thank you. Sincerely, John Foglio Manager Hazardous Matcrials fax To: 282-366-3753 + 202 366-3308#