Heraeus Incorporated — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh Street, S.W. of Transportation Washington, D.C 20590 Research and Special Programs Administration DEC 9 1999 Mr. Franklin Hahn Ref. No. 99-0268 Heraeus Incorporated 24 Union Hill Road Cermalloy Division w. Conshohocken, PA 19428-9306 Dear Mr. Hahn: This is in response to your letter dated September 22! 1999, regarding the transportation of a combustible liquid in a non- bulk packaging under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if liquids that meet the definition of a combustible liquid under $ 173.120 (b) are subject to the HMR when transported in non-bulk packagings. A combustible liquid transported in non-bulk packaging is not subject to the HMR unless it is a hazardous substance, hazardous waste, or a marine pollutant (§ 173.150 (f)). I hope this satisfies your request. Sincerely, Coon Transportation Regulations Specialists Office of Hazardous Materials Standards 990268 113,20#

Page 2Heracus BDI $173.22 49-0268 Heraeus Incorporated Cermalloy Division 24 Union Hill Road Telephone: (610) 825-6050 W. Conshohocken, PA 19428-9306 Web: Telefax: (610) 825-7061 www.4hcd.com September 22, 1999 RSPA Office of Hazardous Materials Standards (DHM-10) 400 Seventh Street, SW U.S. Department of Transportation Washington, DC 20599-0001 Dear Madame/Sir, We manufacture and ship products which are mixtures of liquid and solid materials. Also, we ship these products in non-bulk containers. The flashpoints of the products are >141 F and <200 F. We have reviewed CFR49, 173.120, 172.101, 173.150. and 171.8. products because of the exemption for non-bulk packaging and that these products are Our conclusion is that the regulations for combustible materials do not apply to these non-regulated materials for the purposes of transportation. statement that our above conclusion is correct. We are requesting a written opinion concerning the transportation of our products and a Please refer to the letterhead for a return address and a daytime telephone number. incere! ranklizale Franklin Hahn Compliance Manager Cermalloy#