Ludvik Development Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Research and Administration Special Programs MAY 27 1999 Mr. Oscar Mirabel Ludvik Development Company Ref- No. 99-0112 3201 18th Street, NW Washington, DC 20010 Dear Mr. Mirabel: This responds to your letter, dated April 28, 1999, regarding the applicability of the Hazardous Materials Regulations: (HMR; 49 CFR Parts 171-180) to natural vegetable carbon. of hazardous materials in commerce. Under S 173.22, it is the The Hazardous Materials Regulations govern the transportation shipper's responsibility to properly classify a hazardous material. Such determinations are not required to be verified by this office. However, based on the information provided in your letter, it is the opinion of this office that natural vegetable carbon does not meet aný of the hazard class. defining criteria specified in Part 173 and, thus, is not subject to the requirements of the HMR I hope this information is helpful.. If you have further questions, please do not hesitate to contact this office. Sincerely, Tom alla Thomas G. Allan Acting Director, Office of Hazardous Materials Standards 990112 173,22#

Page 2MPR-28-1999 21:01 P.01 tel. 202-232-4356 3201 18T Street NW, Washington, DC20010-1001 bel. 202-667-4184 fax 202-667-4398 LUDVIK Norism de Mexico, S.A. DEVELOPMENT Durango, Duranga, Mexico 34030 Are San Ignacio 120, Fracc San ignacio, COMPANY sel. 52 18 13283? fax 52 18 120344 Gorsky 8103.zz Fax 17:99-0112 To: DEPARTMENT OF From: OSCAR MIRABEL SHI TRANSPORTATION Fax: 202-366-3012 Pages: 2 Phone: 202-366-5770 Date: 04/28/99 Re: Title 49, 4.2 Exempt Non CC: Noram de Mexico, S.A. Hazardous Material Land Transportation NATURAL VEGETABLE CARBON IN CHUNKS • Urgent : • For Review • Please Comment: X Please Reply • Pleaso Rocycle • Comments: shipments will be transported by trucks and the, contents are "Natural Vegetable Carbon in Chunks" We are ready to sign a contract between LDC/Noram de Mexico and the UPS group. These written statement that our product is exempt of the restrictions found in Title 49, 4.2, of the DOT. After lengthy discussions with the UPS Corporate and Customer Service Group, we find they need a (pick-up) by UPS and transported by highways/roads to different States such as: New England States, Our product will be stored at a warehouse in San Antonio, Texas, from where it will be dispatched Pennsylvania, West Virginia and Virginia, District of Colombia New Mexico, Colorado and Florida. Our product is 100% natural charcoal vegetable carbon in different chunk sizes according to the consumers request. According extensive research of your library of publications the following is what best describes our product#

Page 3APR-28-1999 21:01 P.02 April 28, 1999 1) The charcoal is not self reactive and is not associated with any means of detonation. 2) The charcoal does not deflagrate rapidly. The charcoal does not react in any medium effect under heated confinement or open air. 4) The charcoal does not cause fire through friction. The charcoal does not fall into any category of self-ignition in any quantly: • The charcoal withstands temperatures not to exceed 200'C" (362 Fahrenheit). 7) The charcoal is not hazardous when wet. 8) The charcoal is non-toxic. 9) The charcoal does not cause any skin rash, eyes damage or inhalation problems 10) The charcoal will be in bags of 6.6 Ibs, Of heavy duty paper. 11) The charcoal will be transported in carton corrugated boxes with inside cushion matenal 12) The charcoal will be boxed with a 1.1/2inch interior space. 13) The charcoal will be taped for shipping and will bear detailed documentation of its nature. 14) The charcoal does not come in the form of briquettes nor do we plan to manufacture briquettes. I have discussed this issue with your Mr. Arthur Pollack as well as other of your colleagues which name I do not recall. I have been advised the DOT will not issue a certification of transportation but could compose a letter of explanation stating this product is Non-Hazardous according to regulations found in Title 49. I was also advised this letter might not be ready prior to 30 days of my request and that the DOT can not make use of this sort of information via Email. We will greatly appreciate your cooperation, consideration and courtesy on this matter in order to satisfy the trucking companies requirement. Shall you need to discuss any other details with me please fell free to contact me at: Tel. 202-232-4346 Fax 202-667-4398 Email: Omirabei@aol.com Doc. Fax Noram's DOT licence request04/28/99 5:50 PM • • Page 2 TOTAL P.02#