B Way Corporation — Hazardous Materials Safety Interpretation

Page 1or ansporation 400 Seventh St., S.W. Washington, D.C. 20590 research and Administration pecial Program FEB 2 8 2001 Mr. Erik Martinsen Ref. No: 01-0052 Technical Service Engineer B Way Corporation P.O. Box 336 Homerville, GA 31634 Dear Mr. Martinsen: This is in response to your February 15, 2001 letter requesting clarification on the package testing requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask whether it is necessary to physically vent a packaging to reach equilibrium after performing the drop test prescribed in § 178.603. The answer is no. It is not necessary to physically vent a packaging to reach equilibrium. However, before it can be ascertained whether the packaging passed or failed the drop test the packaging must reach equilibrium (see § 178.603(Đ)(1)). I hope this information is helpful. Sincerely, for John A. Gale Transportation Regulations Specialist Office of Hazardous Materials Standards 010052#

Page 2B'way Corporation February 15, 2001 Lavalle Jeff Furr US DOT fax: (202) 3663012 $178.603 re: UN/POP Drop Test Procedure Testing Dear Mr. Furr: 01-0052 As we discussed on the telephone, attached is a letter of interpretation from RSP A to Cleveland Steel Container Corp. dated August 24, 1993. The letter was found at Labelmaster Corporation's 49Online website in the DOT Letters of Interpretation section. Question and answer two are about the criteria for passing the UN/POP drop test as specified in 49CFR 178.603(f)(1). The answer states that after the drop test is done "it is not necessary to physically vent packaging to achieve equilibrium." We understand this to mean that after the drop test the package must be inspected. If there is no sign of leakage the package is deemed to have passed the drop test. This interpretation appears to be reasonable to us since we understand that the UN/POP drop test is intended to simulate what would happen in a real world shipping environment. In that context we believe the package would not be vented after being dropped, but would continue enroute to it's ultimate customer in this dented but non- leaking state. Is this a current and accurate interpretation? Your help will be appreciated in resolving this matter for us so that we can provide the most cost-effective packaging for our customers while complying with the letter and intent of 49CFR. Erik Martingen Technical Service Engineer attachment: CSC Corp. Letter Dated 3/16/93 US DOT Response Dated 8/24/93 HIGHWAY 84 WEST - P.O. BOX 336 - HOMERVILLE, GEORGIA 31634 - TEL. 912 487 4000 - FAX 912 487 4010 Drop Test Reg Jeff Fur 2-15.01. doo#