Rapid Aid — Hazardous Materials Safety Interpretation

Page 1• U.S. Department of Transportation Washington, D.C. MAY 4 2001 Ms. Judy Burtch Director of Health and Safety Ref. No. 01-0059 Rapid Aid 1.3345 Laird Road Mississauga, Ontario L5L 5R6 Canada Dear Ms. Burtch: This responds to your letter regarding consumer commodities offered for transportation by air under the U.S. Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: Q1. Our company manufactures instant cold packs containing cold packs are shipped as part of a first aid kit that approximately two ounces of Ammonium nitrate, UN2072. These contain other non-hazardous components. be renamed "Consumer commodity" and offered for May first aid kits transportation by aircraft? A1. The answer is yes. A first aid kit containing a hazardous material, that is also a consumer commodity as defined in § 171.8, may be renamed "Consumer commodity", ORM-D if: (1) an exception is shown for the hazardous material in column (8A) of the § 172.101 Hazardous Materials Table; (2) the shipment is packaged as prescribed in the limited quantity and consumer commodity provisions for the hazardous material; and (3) packagings for which retention of liquid is a basic function must be capable of withstanding, without leakage, the internal pressure aircraft. § 173.27 (c) if offered for transportation by Q2. Transport Canada's TDG excepts ammonium nitrate fertilizers from regulation in quantities of less than 13.5 tons when transported from the place of sale to the place of consumption. Does the U.S. have a similar exception? A2. The answer is No. Based on the classification provided for your product, the HMR do not contain a similar exceptior for ammonium nitrate fertilizers. Furthermore, a material designated as a hazardous material under the HMR that is not 113.22 010059#

Page 2subject to the requirements be transported in the United States under the provisions of of the IDG Regulations may not the TDG Regulations. See § 171.12a (b) (2) . I trust be of further assistance. this satisfies your inquiry. Please contact us if we can Sincerely, Halte 2. mittele Hattie L. Mitchell Chief, Regulatory Review and Reivention Office of Hazardous Materials Standards#

Page 3UnI ALI GUUL uu.ur KAFLU ALU PAGE 01/06 • 1 - 3345 Laird Road Ph (905) B20-4788 RAPIRE Mississaugo, Ontario L5L 5R6 Fox (905) 820-9226 Order Desk Stevens 1-800-265-3468 E-mail $173.22 sales@rapidaid.com '. Thursday, February 22, 2001 Class.... - 1 Delmer F. Billings 01-0059 Chief, Standards Development Office of Hazardous Materials Standards 400 Seventh Street S. W. Washington, D. C. 20590 (202) 366-3012 Rapid Aid is a manufacturer of instant and Reusable Hot and Cold Therapy products. Our instant cold packs contain a dry chemical fill and a water ampoule. The standard ratio is a 50:50 mixture of the two by weight. This single use piece of First Aid equipment is obviously a consumer commodity. has arisen with regards to this classification. We are unsure if a First Aid Kit Our product is currently classified as an ORM-D for shipment by air. A question containing one of these cold packs (containing approximately 2 ounces of Ammonium Nitrate) should be classified in the same manner. Our research and development team have recently been working on an alternative to the Ammonium Nitrate (dry fill) that we are currently using. We have developed an alternative fill and we would like clarification on the regulations with regards to this. The alternative is a chemical blend of 59% Ammonium Nitrate and 41% Limestone filler. Our supplier has assured us that Identification Number or Packing Group. the mixture is NOT REGULATED in Canada for Shipping Class/Division, Product They do not however have soecific information with regards to U.S. DOT classification. Our new Instant Cold Pack will contain approximately 35% Ammonium Nitrate by weight. I have attached a copy of the MSDS for your convenience. 25 Years of Service -#

Page 4KAPIL ALD PAGE 02/06 Please advise if there is indeed a U.S. DOT classification for this product and how our consumer commodity cold pack should be identified. Also if you could advise as to the question regarding the First Aid Kit classification it would be greatly appreciated. Our packs range in size from approximately 4 ounces to approximately 10 ounces. approximately 15 Ibs. The maximum gross weight of any one corrugated carton of cold packs would be Thank you in advance for your assistance in this matter. Should you have any questions or conces; please do not hesitate to contact me. I look forward to discussing this matter with you in the very near future. Judy Burtch Rapid Aid Ltd./Ltee Director of Health & Safety 1-800-COLDHOT#