Cytec Industries, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., S.E Washington. DC 20590 JAN 7 2009 Mr. James Sompii Cytec Industries, Inc. 5 Garrett Mountain Plaza West Patterson, New Jersey 07424 Ref. No.: 08-01 90 Dear Mr. Sompii: This is in response to your July 17,2008 letter asking about the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80) to a shipment of hazardous materials by vessel that originates and terminates outside of the United States, is prepared in accordance with the International Dangerous Goods Code (IMDG Code), and which is never unloaded from the vessel while in the United States. The HMR apply to the commercial transportation of hazardous materials to, from, or within the United States, including the navigable waters of the United States, even when a shipment is never unloaded from the vessel. However, tj 171.22(a) authorizes the use of the IMDG Code as an equivalent to the HMR, when: (1) all or part of the transportation is by vessel; and (2) the shipment complies with the conditions, limitations, and zdditional requirements set forth in $9 171.22(b)-(g), 171.23, and 171.25. In particular, any additional or differing shipping paper and placarding requirements in subparts C and F of 49 CFR part 172, respectively, do not apply to a shipment of hazardous materials prepared in accordance with the IMDG Code which is never unloaded from the vessel in the United States. As provided in tj 171.25(d)(l), these requirements apply only to a shipment of hazardous material that is offered, accepted, and transported by motor vehicle within the U.S. port area. I hope this answers your inquiry. Standards Development Office of Hazardous Materials Standards#

Page 2as- 0190 CYTEC INDUSTRIES INC. Five Garret Mountain Plaza West Paterson, NJ 07424 Tel: (973) 357-31 00 July 17, 2008 Mr. Edward Mazzullo OFFICE OF HAZARDOUS MATERIALS STANDARDS PHH-10 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor 1200 New Jersey Ave., SE Washington, DC 20590 Dear Mr. Mazzullo: We are requesting clarification of the Hazardous Materials Regulations (HMR) as applies to shipments which originate and terminate outside the US, shipped according to the IMDG Code and which never leave the ship in the US. It is understood that 49 CFR 171.25 (d)(2) provides relief from the emergency telephone number requirement in this situation. What is unclear is that 49 CFR 171.25(d)(l) requires conformance with 49 CFR Part 172 Subparts C and F for materials transported within a port area by motor vehicle but makes no mention of the requirements for materials which remain on the ship while in a US port. Are shipments of materials which originate and terminate in ports outside the United States, shipped according to the IMDG Code and which never leave .the ship while in a US port subject to the HMR? If so, which regulations apply? Sincerely, James Somppi Director, Americas Logistics & Global Network Cytec Industries Inc.#