The Boeing Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Special Programs Research and Administration SEP 2 9 1999 Ms. Michele A. Giusiana Ref. No.99-0202 The Boeing Company P.O. Box 3707, MC 13-08 Seattle, WA. 98124-2207 Dear Ms. Giusiana: This is in response to your letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to government contract employees moving hazardous materials on private property. You are correct in your understanding that hazardous materials moyed entirely on private property on roads which do not have public access are not considered in transportation and are not regulated by the HMR. Section 171.1(b) states that persons under contract with local, state and Federal agencies are subject to the HMR. The letters of clarification from our office, which you included with your request (Bonekemper to Williams, 4/26/93 and Kaleta to Denny, 4/23/91), state that shipments are not in commerce unless they move across or along roads to which the public has access. I hope this satisfies your request. Sincerely, we till Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 172:/01(b 990202#

Page 2nelsor HAZMATEAM, INC. 12 Kimball Hill Rd. HAZMAT Telephone (603) 882-6247 Hudson, NH 03051-3915 $122.101 (b) Fax (603) 882-6512 cc 122.101(c)(1Q) 8/20/99 E-Mail: hazmateam@earthlink.net Web Site: http://home.earthlink.net/~hazmateam 99-0225 Hattie L. Mitchel, Chief Exemptions and Regulations Terminations Office of Haz Mat Standards 400 7th St. SW Washington, DC 20590 Dear Hattie: Q1 Under HM 215C toluene diisocyanate (TDI) has been updated to include + in column one of the 171.101 table. I understand this is a signal that a shipper is not to change this shipping name even when in a mixture!. Is this true? The discussion in HM215C in regards to epichlorohydrin appears to me to state that this is not the case. I find this confusing and conflicting with 172.101(b)(1). 02 If TDI is mixed into adhesives as part of a formula that ends up as a flammable mixture would I be required to use the name toluene diisocyanate or could I use the shipping name adhesives?? We would like a written answer. Thank you once again for your expertise. ' 172.101(b)(1) 2 No longer poison based upon % " Assuming it is a flammable liquid after formulation 1.#