# Tempra Technology, Inc — Hazardous Materials Safety Interpretation - **operation:** document - **citation:** 01-0318 - **title:** Tempra Technology, Inc — Hazardous Materials Safety Interpretation - **source type:** guidance - **agency:** Pipeline and Hazardous Materials Safety Administration - **status:** guidance - **official:** true - **published on:** 2002-07-03 - **effective on:** Not available - **summary:** 01-0318 response to Tempra Technology, Inc concerning 172.101. - **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-01-0318.json - **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-01-0318.md - **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-01-0318 - **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010318.pdf **body:** <<>> U.S. Department 400 Seventh Si., S.W. of Transportation Washington, D.C. 20590 Special Programs Research and • I!!! 3 " 2002 Administration Mr. Martin Sabin Ref. No.: 01-0318 Design Engineer Tempra Technology, Inc 5149 15* Street East Bradenton, FL 34203 Dear Mr. Sabin: This responds to your letter requesting clarification of the requirements for shipping your product, a new individual food heater inside of a meals, ready-to-eat (MRE) ration package. Specifically, you asked whether the individual food heater, containing a Division 5.1 (oxidizer), in Packing Group II, and glycerin-water solution, would be excepted from the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). A facsimile of several photographs of the individual food heater, MRE ration package, and accompanying test report were enclosed. You provided information, as follows: The individual food heater consists of two pouches with a total of 29.9 grams of potassium permanganate. Each of the hermetically sealed, vacuum packed pouches contains approximately 15 grams of potassium permanganate. The potassium permanganate is covered with an inert coating and meets the definition of Division 5.1 (Oxidizer) in Packing Group II, tested in accordance with the UN Manual of Tests and Criteria, 34.1, Test O.1, as specified in § 173.127(a)(1). The amount of oxidizer in the combined two-pouch heater is less than the reportable quantity (RQ) of potassium permanganate (RQ, 100 lbs.) per package, and each pouch weighs 22.6 grams. The fuel is a glycerin-water solution. When the fuel pouch is ruptured, the fuel spreads throughout the oxidizer; the water slowly dissolves the coating of the permanganate crystals, which then react with the glycerin. Based on the information you provided, it is our determination that the individual food heater described above when shipped as components of a MRE ration package is subject to the requirements of the HMR. This determination also applies to the individual food heater devices when shipped separately from MREs. The MRE ration package, containing an individual food heater, may qualify for the limited quantity or consumer commodity packaging exceptions specified in § 173.152(b) and (c), respectively, for Division 5.1 (oxidizers), or the small quantity packaging exceptions in § 173.4 I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Delmer F. Billings | 72,101 ( Chief, Standards Development Office of Hazardous Materials Standards <<>> .. 11/24/2001 08: 26 941-752-1107 TEMPRA TECHNOLOGY PAGE 01 Engram 3172.1016 rampra Teanelogy Applicability Design Engineer Martin Sabin Compre Technology, Inc 01-0318 Bradenton, EL 34203 6140 15'h Strect Easi Date: 12/03/01 To: Suzanne Hedgepedth, Director Fax: 202-366-3308 Office of Hazardous Materials Exemptions and Approvals Subject: Request for Letter of Opinion Dear Ms. Hedgepedth, Our company is requesting a letter of opinion for a new individual food heater for shipment without special labeling. The requested letter is required by the U.S. Army in order to quality our product for replacement of the existing I was informed that faxing this document was probably the most effective method magnesium/aluminum heater in military ration applications. When I called today, of delivering this document to you. If you should want a hard copy or ar If you should have any questions regarding any of this material, please don't ectronic copy ot tas dcent, you can e-mail me at Msabin@temapratech.con hesitate to call me at 1-800-867-9189. Your prompt reply to this matter would be greatly appreciated, Martin Sabin Tempra Technology, Inc. 7 page document enclosed • (941) 739-8900 Fax (941) 752-1107 http://www.TempraTech.com 6140 1s* Street East, Bradenton, Florida 34203 The Thermal Solutions Company • <<>> .11/24/2001 08: 26 941-752-1107 TEMPRA TECHNOLOGY • PAGE 02 The Tempra Technology Military Ration Heater November 6, 2001 Tempra Technology is requesting a letter of opinion for a new individual food heater for shipment without special labeling. The requested letter is required by the US Army in order to qualify our product for replacement of the existing magnesium/aluminum heater in military ration applications. This approval is perceived to be necessary because our heater contains a small amount of modified Division S.1, Packing Group IT material. The MRE (Meal-Ready-to-Eat) Ration package, which is hermetically sealed, contains drink mixes, bread substitutes, jam, peanut butter, and other accessory items, together with an entrée. The entrée may be one of twenty-four formulations, such as spaghetti with meat and sauce, and comes in a rectangular retort pouch, usually weighing 8 ounces. The MRE package usually contains a heater. A photograph of one MRE package accompanies this application. The Tempra heater is a double pouch arrangement, which is folded around the entrée pouch like a book cover. The accompanying photographs show the heater and its method of use. As per DOT Regulation 171.8, it is our assessment that the Tempra heater is a composite package consisting of 2 isolated inner receptacles. Each of the pouches is a complete and separate heating unit, including both fuel and oxidizer, and is hermetically sealed. These pouches are also evacuated internally in order to keep the powder from shifting and to improve fuel distribution, since upon activation the external atmospheric pressure presses the fuel throughout the pack. The packaging film consists of a 3 mil coextrusion of linear low-density polyethylene and EVOH oxygen barrier as seal layer, and 60 gauge biaxial nylon as an outer protectant. In normal operation the heater maintains its self-contained, completely sealed condition during shipment, use, and disposal. As can be seen in the photographs, the fuel is contained in a pouch within the hermetic package. The oxidizer, a granular potassium permanganate in which the individual grains are coated with a soluble inert material, is formulated to provide a slow, steady flow of heat. The fuel is a glycerin-water solution. When the fuel pouch is ruptured, the fuel spreads throughout the oxidizer; the water slowly dissolves the coating on the permanganate crystals, which then react with the glycerin. There are no toxic or hazardous gaseous products of this reaction. Enough glycerin is incorporated into the heater to completely react all of the oxidizer with some excess. This insures that the the residues are non-toxic. residues contain no potassium permanganate. As shown in an accompanying test report, These heaters have been extensively tested. In the form of a single pouch with as much reactant as in the two (proposed) pouches put together, over 500 of these heaters have een field tested by the U.S. Army and shown to be safe and reliable. They do not unde forward at low temperature until the chemical energy is expended. ans. t cs of fuel pouch leakage, the reaction goes • <<>> 11/24/2001 08: 26 941-752-1107 TEMPRA TECHNOLOGY PAGE 03 The heater, consisting of the two pouches, contains a total of 29.9 grams of potassium permanganate. Each of the hermetically sealed, vacuum packed pouches contains less that 15 grams of potassium permanganate. Pure potassium permanganate is a Division 5.1, Packing Group II oxidizer, as per DOT 172.101. With our inert coating, though the time to burn is markedly increasod, our active powder still falls in the middle of Packing Group II, as per DOT 173.127(a)(1) which references the UN Manual of Tests and Criteria, 34.1 Test 0.1. For details on this rating, please refer to the accompanying test report. However, the amount of oxidizer in the combined two-pouch heater is less than the reportable quantity for this material, as per 49 CFR 173.4(a)(1)(ii), and the total solid contents of each pouch weighs 22.6 grams. .. ... .. <<>> 11/24/2001 08: 26 941-752-1107 TEMPRA TECHNOLOGY PAGE 04 MRE contents open display Tempra SRH open view SRH side view to reveal thin profile SRH with Meal Pouch unloaded SRH and Meal Pouch asserable SRH and Meal final stage for Heating <<>> .. ' 11/24/2001 08:26 941-752-1107 TEMPRA TECHNOLOGY PAGE : 05 : ®5G5' UR.FL.OPS-04-01-T 8GS U.5. Testing Company inc. 75 Pasaaic Avenua + Fatfieid, Nu 07004.3893 - Tel: 979-578-5282 • Fax: 873-244-1806 CLIENT: Tempra Tachnology 8140 - 15" Stract East Attn: Martin Sabin Bradenton, FL 34203 Tart Raport No: 198237 Date: 12/08/90 The following sample was sutmitted by thi olent us: Tempra Oxidizer DATE OF RECEIPT: 11/07/00 TESTING PERIOD: 12/05/00 - 12/06/00 AUTHORIZATION: Client's prepayment check #0484. TEBTS REQUESTED: To conduct an oxidizer teet on the submitted sample. TEST RESULTS: San pago 2 COMMENTS: CONCLUSIONS/ • Packing Group II. According to the result of the test, the sample meets the criteria of PREPARED BY: 8G3 U.S. TESTING COMPANY ING. SIGNED FOR AND ON BEHALF OF insantes Laboratary Supervisor Bernardita Santos La versava 1=. /ma Managar, Sprainity & Applied Chemistry V.S. Testine's resparesty unar the rogert is fimier to preven Thia report la tenued by 805 U.S. Testina Company ina. under a Remars Dendhena for Trainy Serene foopy evelladio upen requert), 303 Event by veronal arrangement, Mamplou ars not retained lay 30% U.S. Testing fee mere then 20 days. The results shown on this tet repart refar aniy to tha rumplera) tarted unises ethelteite utatori, under the sertions syrand upon, eggarce and wit in se euse ba mers then the smaunt of the ipating lass. B matanda wilhut the prier written approval at IG$ U.S. Teanna. The seat ragers murat lan reproducad, escasac in full, Withour prier written In datalia el the engagument. Neither the name, saia, enedea nar ineignia of 1608 U,5, Teetie may be WaNt in any efvenising a1 premational Anyone serging an tile rapart sheid understand all of. #miesian ee 2G$ U.5, Tooting Cemeaty he. те::-::::е:::////:://4010/14/4017-20002000-4802486-997-t Member of the 1G$ Graup (tasidcs Gentala da Survallence) <<>> • 11/24/2001 08:26 941-752-1107 TEMPRA TECHHOLDGY PAGE 06 • 43+-S0R-EOX-MES-50SABA BBOPOM U8.D-093-0403-7 ®SGS' 888 U.B. Testing Company Inc, Report No.: 148737 CLENT: Tampra Technology Page: 2of2 Data: 12/05/00 PROCEDURE: • Tho sample was tasted as received por client's request. TEST RESULTS: Ime treene eversar et tire 4:1 sample:callulose 1:1 asimple:collutose 3:2 Poteasium Bromate: Collulose 3:7 Potassium Bromate: Cellulaze 111 2:3 Potennium Bromate: Collulone 52 15 Iest Criteria: Packing Group 1: any substance which, in the 4:1 or 1:1 cample-to-coltulose ratio (by mass) tasted, exhibits a mean burning time less then the mean turning time of a 3:2 mixture, by mass, of potmaalm bromate and cellulose. Packing Group It: any substance which, in tha 4:1 or 1:1 sampla-lo-cellulose ratio (by mass) osted, extibits • mean burning time aqual to or less than the mear ellulose and the criteria for Packing Group I are not mot urning time of a 2:3 mixture (by mass) of potassium bromate an Packing Group II: Not Division 5.1 BORN 4EЯ-1000-801 .... : End of Report : <<>> 11/24/2001 08:26 941-752-1107 TEMPRA TECHNOLOGY PAGE 07 Appendix Passaron and special Proarams Admin, DOT $179.127 ng • 23 mm sample Ing sinse of a 77 potaerium, bromare 140 °C and the subarange ja tran cha packagings with e votante. DivL (C) AI Anel positiva reanie la abral: чакт 800 Mines with a volume of 3 the abour. material ta uas! (a) A Divirton 1.3 dengerou when wel and If the maltest produ mbt n burning cime leet than 1, for any rageari») Lime of & 12 potas : mixture. wuch For any mate. qual to burning concentracion time minute and are not meL criteria concratration tempanacuree (3) Pa slowly cicing Croup II. If the matara and tian not mar. cricanla Buch with • Division theon 1 liter che Jallowing criteria: mert the criteria for Packing Group 1 hour. erti willch sporttane rise cime of an lil which erhibits a mt then parcheloric the • рікуро of a lil aqueerus andium chia. Il not wir. I the criteris for facking Grour mhibite a maen ta na Miton 1a mear burbe em. 17-341, 48 F7R 3132, May 5, 1941) 118 <<>> re = 1J/24/2001 08:26 941-752-1107 TEMPRA TECHNOLOGY PAGE 08 19 CRCH. 1 110-1-00 568600) ay free liguld at tum (s clased • All cush ther W. de compattolo materia vend dec wich che l пас 1 Bach salvage och), or sardanwera, glas loce with wice. Tass or pre do i alone in che UN Reca (7) A salvage pack be umedi MMEn ale ai Nosorbing che encise sey Muta of che roceptacle: ing la packagine: mecuraly sem- $ 1724 violon 4,3 Dulajon 5.2. Divielon f.I. Clan marectule that when- crai 358 <<>> 98-0345 FAX TRANSMITTAL FORM ADVANCED CHEMICAL SAFETY 8909 C Complex Drive consuttant San Diego, CA 92123-1418 DATE: November 16, 1998 Engum TO: HELEN INGRUM § 173.124 COMPANY: U.S. DOT FAX NUMBER: 202 366-3012 TELEPHONE NUMBER: TOTAL PAGES, INCLUDING THIS ONE: 4 FROM: NEAL LANGERMAN ACSafery Pile: : IF THERE ARE ANY PROBLEMS WITH THE CONDITION OF THESE PAGES CONTACT ME AT THE FOLLOWING PHONE: 619/874-5577 OUR PAX PHONE: 619/874-8239 Helen: I have attached the letter we discussed on Friday, November 13, 1998. At this point, I need a very clear statement (verbally or written) regarding shipping these items. - *Ihe tameless ration heater (PRA) is a device packaged in a tough plastic envelop Which, When water is added, generates heat to warm a field ration. It is used in military meals ready to ear (VIRES). Each MIRE includes one FRH. When activated with water, 8 grams of the magnesium alloy generates 9 liters of hydrogen. Based on this, the alloy clearly meets the hazard class 4.3 definition as US2813. Issue #1 Individually packaged, these FRH with or without a MRE, are exempt from regulation for shipment by highway, because of the exempr quantity (less than 30 grams). If 12 FRHs or FRH/MRE units are placed in a single outside package, the package is fully i regulated as UN2813. Is this correct? Issue #2 Is a shipment of pallet quantities of MIREs (with FRHs included) regulated as UN2813? This is different from Issue #1, since that addresses a small shipment of one package and issue #2 addresses a full truck load. ST:SO AGET/QT/T <<>> I would like to find out if any follow-up to the July 7, 1992 letter occurred. At this potat, it has become very important that this regulatory. issue be fully and finally resolved. It is urgent that an answor is developed within the next seven to fourteen days. Please call me after you review this FAX and we can discuss how to proceed. Thank you for your cooperation. Neal Langerman, Ph.D. • • • ": 20 68802869T 61:60 866T/9T/II <<>> NOV-12-98 THU 04:03 PM WORNICK MOALLEN FAX NO. 9568877028 P. 02 100-Y2 LU:/AN I ve '. Acled Ingrom • - =.. - .. us. Deparimen. 202-366-3012: su.rg:e of tansportaton Newsrch and .Ml 0 7 122 • Kr. Arnold Daxa, JT. Sapun dalat d aet tor Basass COLOnULI of wao dizy and Intelliganon HondqunTtaI e XilLtaxy Trnf2La Management Cosaano 5811 Colwabla yIko Pali chuzab, YA 22041-4080 DaRt Xx. DexeI zaqunsting a competart authority approral for tho abspaont oe a Thia Le in responna to your lettes of May 30, 1092. [hano ee rățoor neatex (88) éégøe în údà øøo în úng d adultion infornation and sanplus vere subuitrad on the tunotioning and paokaging of rots. wa have determined that tain unit in not subjoot so the on d țobniq vícv q d dv v BaNEN Department'e Hasazdoun Haterialu Ragulationd (H4K), Jalu sateraination iu banad on tre suall fanti°y of harardoun Wilp l cers naz pacieaço. With zagurd to tho unipuent os (qu11 pack questition o TRXs, containel tha sull saop orta imparatite other than single unite and ase villing to discuma ouz opinion importance oș authoxiring tho anipaent of TH• in quantitin. curthas Dafora makino • Iinal dotersination. <<>> 1. i HUV-IZ-UN THU U4:UG PM WUKNICK MUALLEN MANU 666120 Y. U3 LUJ Indíviduale monasuzy to be ii attendane et any dincusnione on soozue of the ti restingu and othat coritaants, tha this subjeat will not 'bu avallable before July 24. Planes contimn thin date vith donaph Horning ol ay atast vho day ba ranohad at (203) 168-4511, airearaly. alan Is Roberti ingoalato adainistrator fox Masardous Matarials daloty --_- <<>> .:... • of Transportation U.S. Department DOT-E 10897 400 Seventh St., S.W. Research and Administration Special Programs (FIFTH REVISION) Vashington, D.C. 20591 APR 26 2002 EXPIRATION DATE: March 31, 2004 (FOR RENEWAL, SEE 49 CFR $ 107.109) 1. GRANTEE: U.s. Department of Defense Alexandria, Virginia 2. PURPOSE, AND LIMITATION: a. This exemption authorizes the transportation of a water or marked with the proper shipping name, and when in the reactive material in special packaging without being labeled freight containers that are not placarded with Division 4.3 quantities as specified herein, in transport vehicles or placards. Hazardous Materials Regulations (HMR) other than as This exemption provides no relief from the specifically stated herein. b. The safety analyses performed in development of this with transportation in commerce. exemption only considered the hazards and risks associated 3. REGULATORY SYSTEM AFFECTED: 49 CFR Parts 106, 107 and 171- 180. 4. REGULATIONS FROM WHICH EXEMPTED: 49 CFR $ 172.301, • 114.400, 8 112.504 (a) in that certain marking, labeling s non-DOT specification packaging placarding provisions are waived; and § 173.211 insofar as specified herein. is not authorized, except as 5. BASIS: Department of Defense dated April 25, 2002, submitted in Inis exemption 1s based on the application of U.s. accordance with $ 107.109. 6. HAZARDOUS MATERIALS (49 CFR $ 172,101): Haza Pus a thripis gascription Hazard Identi- Division Class/ fication Packing Number Group water-reactive solid, n.o.s. (Magnesium-iron alloy) 4.3 UN2813 I <<>> ... • Continuation of DOT-E 10897 (5th Rev.) Page 2 7. SAFETY CONTROL MEASURES: APR 26 2002 packaging as described below - a. Packaging prescribed is a non-DOT specification (1) Each Flameless Ration Heater is hermetically sealed in a 2.5 mil high density polyethylene bag. polyethylene sleeve. (2) Iwelve of these units are shrink wrapped in a (3) Iwenty-four shrink-wrapped packs are assembled in three rows of eight into a fire-retardant fiberboard to the applicakoing is shown in detail in Attachment 3 (4) exceed 30 pounds. The gross weight of the bulk pack unit may not strapped tightly to the pallet base, capped with (5) Palletized unit loads of bulk pack units are stretch or shrink wrap material. weather resistant fiberboard and wrapped in polymeric b. $ 172.504 pertaining to Division 4.3 materials are QURATIONAL, CONTROLS - The placarding requirements of applicable to shipments made under the terms of this exemption, except that Division 4.3 placarding is not by this exemption in any transport vehicle or freight required when the aggregate gross weight of packages covered container does not exceed 100 kg (220 pounds), and the 8. SPEÇIAL PROVISIONS: nade to the package and it is reoffered for transportatior in conformance with this exemption and the HMR. each facility where the package is offered or reoffered for b. A current copy of this exemption must be maintained at transportation. 9. freight, MODES OF IRANSPORTATION AUTHORIZED: Motor vehicle, rail cargo vessel, cargo aircraft only. <<>> Continuation of DOT-E 10897 (5th Rev.) APR 26 2002 10. MODAL REQUIREMENTS: A current copy of this exemption must be carried aboard each cargo vessel and aircraft used to must furnish a current copy of this exemption to the air transport packages covered by this exemption. carrier before or at the time the shipment is tendered. 11. COMPLIANCE: Failure by a person to comply with any of the exemption and penalties prescribed by the Federal hazardous • suspension or revocation of this materials transportation law, 49 U.S.C. 5101 et seg: All terms and conditions prescribed in this exemption 171-180. and the Hazardous Materials Regulations, 49 CFR Parts Registration required by $ 107.601 et seg., when applicable. Each "Hazmat employee", as defined in § 171.8 who performs a the requirements and conditions of this exemption in function subject to this exemption must receive training on addition to the training required by S$ 172.700 through 172.704. No person may use or apply this exemption, including display otherwise no longer in effect. of its number, when the exemption has expired or is 12. packaging failure to the Associate Administrator for any incident involving loss of packaging contents or ¡lazardous Materials Safety (AAHMS) as soon as practicable. (Sections 171.15 and 171.16 apply to any activity undertaker writing, of any incidents involving the package and holder (s) of this exemption must inform the AAHMS, in Issued in Washington, D.C.: R. Pan APR 2 6 2002 dAssociate Administrator ,Robert A, McGuire (DATE) or Hazardous Materials Safety <<>> Continuation of DOT-E 10897 (5th Rev.) APR 2 6 2002 Page 4 Address all inquiries to: Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration, Attention: DHM-31. Department of Transportation, Washington, D.C. 20590. Copies of this exemption may be obtained by accessing the Hazardous Materials Safety Homepage at attp://hazmat.dot.gov/exemptions Photo reproductions and legible this exemption is prohibited. eductions of this exemption are permitted. Any alteration of PO: sln <<>> • .. JN | 9 1998 of Transportation U.S. Department Research and Idministration pecial Programs APPROVAL CA-9806018 ISSUED BY THE COMPETENT AUTHORITY OF THE UNITED STATES 1. APPROVAL HOLDER: The Department of the Army 5611 Columbia Pike Headquarters, Military Traffic Management Command • Falls Church, VA 22041-5050 2. REGULATORY AUTHORITY: 49 CFR 173.4, Part 1;1.1.1 of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) and Section 22 of the International Maritime Dangerous Goods Code (IMDG) Code. 3. SYNOPSIS: This approval authorizes the shipment of flameless ration heater (FRH) single unit packed with a Meal, Ready-to-Eat (MRE) not.subject to Department's Hazardous Materials Regulations (HMR). This approval is granted based on the small quantity of hazardous materials (maximum quantity of 8 grams of magnesium powder per single unit) in relation to the total mass of each MRE package. '4. BASIS: This approval is issued in response to the Department of the Army and the Air Force's request dated April 17, 1998 and is based on the Départment of Transportation's letter dated July 7, 1992, addressed to Mr. Arnold Daxe, Jr., Colonel, U.S. Army, The Department of the Army, Falls Church, VA. 5. PERIOD OF VALIDITY AND CONDITIONS OF APPROVAL: This approval does not provide relief from any requirements of the Hazardous Materials Regulations, ICAO TI or the IMDG Code except as expressly stated herein and is subject to the conditions indicated in paragraphs 5, 6 and 7. • (a) Material Authorized: Proper Shipping Name, Hazard Class and U.N. Identification Number: Not requifed when the product is packaged in accordance with this approval. • <<>> JUN 1 9 199 Page 2 (b) Packaging Description: The package consists of twelve individual MRE packages inside a MRE shipping case (cardboard box). The gross weight of the box is about 20.6 pounds with each of the twelve MRE packages weighing approximately 1.5 pounds. Each MRE package contains a meal bag which consists of an entree/starch, crackers, a spread (cheese, peanut butter, or jelly), a desert snack, beverages, an accessory packet, a plastic poon and a FRH system. This FRH system consists of a heater element, packageo n a paperboard cover and sealed in a high density ployethylene bag. Each MRE package is placed inside a tear resistant waterproof bag which is packed in a cardboard box sealed in a wax paper wrapping. 6. SPECIAL PROVISIONS: (a) A copy of this competent authority approval must accompany each shipment made under the authority of this, approval. (b) Each "Hazmat employee", as defined in 49 CFR 171:8 who performs a function subject to this approval must receive training on the requirements and conditions of this approval in addition to the training required by 49 CFR 172:700 through 172.704. (c) • The authority to grant thè relief provided within this approval is limited to the extent that the United States government has authority over the transportation of the materials subject to this approval. Transportation in accordance with this approval outside of the jurisdiction of the United States may require the approval of governments of countries where these materials are so transported. 7. GENERAL PROVISIONS: ..: (a) The Department of the Army is required to report any incident involving loss of packaging contents or packaging failure to the Associate Administrator for Hazardous Materials Safety (AAHMS) as soon as practicable. • (b) The Department of the Army is responsible for compliance of this shipment with the terms of this approval. Failure by any person to comply with the terms and conditions of this approval, the Hazardous Materials Regulations, 49 CFR Parts 171-180, the ICAO TI or the IMDG Code may result in the suspension or revocation of that person's authority to use this approval. Failure to comply may also subject that person to penalties prescribed by 49 U.S.C. 55 5123 and 5124. This approval may <<>> ..- Page 3 be modified, suspended or terminated in its entirety if that action is justified in light of changes in circumstances, including additional information not available when this approval was issued. Unless immediate modification, suspension or termination is necessary to avoid imminent, material harm to person or property, before action is taken, that person will be notified and provided with an opportunity to show why the proposed action should not be taken. (c) Please refer to the aforementioned approval number in any future correspondence regarding this authorization. Issued at Washington, D JUN 1 9 1998 ) Alan I. Roberts DATE Associate Administrator for Hazardous Materials Safpty Address all inquíries to: 'Associate Administrator for Hazardous Materials Safety, Research ard: Special Programs Administration, Department of Transportation, Washington, D.C. 20590. Attention: DHM-32 <<>> MAY 11 1993 U.S. Department of Transportation 200 Sagon. S. 500 Research and Special Programs DOT-E 10897 Administration (THIRD REVISION) EXPIRATION DATE: April 30, 2000 (FOR RENEWAL, SEE 49 CFR SECTION 107.109) 1. GRANTEE: U.S. Department of Defense Washington, D.C. (See Appendix A to this document for a list of additional grantees) 2. PURPOSE, AND LIMITATION: This exemption authorizes the transportation of a water reactive material in special shipping name, and when in the quantities as specified packaging without being labeled or marked with the proper herein, in transport vehicles or freight containers that are not placarded with Division 4.3 placards. provides This exemption specifically stated herein. no relief from any regulation other than as 3. REGULATORY SYSTOM AFFECTED: 49 CFR Parts 106, 107 and 171- 180. 4. REGULATIONS FROM WHICH EXEMPTED: 49 CFR 172.301, 172.400, provisions are waived; and 173.211 insofar 172.504 (a) in that certain marking, labeling & placarding specification packaging is not authorized. as non-DOT • 5. BASIS: This exemption is based on the application of U.S. Department of Defense dated March 20, 2000, submitted in accordance with 49 CFR 107.109. • 6. HAZARDOUS MATERIALS (49 CER 172,101): Hazardous naterials description - proper shipping name Class/ Hasard Identi- Division fication Packing Number GrOuP Water-reactive solid, n.o.s. (Magnesium-iron alloy) 4.3 UN2813 I <<>> MAY 11 1998. - Continuation of DOT-E 10897 (3rd Rev.) Page 2 7. • PACKAGING AND SAFETY CONTROL MEASURES: a. Packaging prescribed is a non-DOT specification packaging as described below - (1) Each Flameless Ration Heater is hermetically sealed in a 2.5 mil high density polyethylene bag. polyethylene sleeve. (2) Iwelve of these units are shrink wrapped in a (3) Iwenty-four shrink-wrapped packs are assembled in three rows of eight into a fire-retardant fiberboard to the application. This packaging is shown in detail in Attachment 3 exceed 30 pounds. (4) The gross weight of the bulk pack unit may not (5) Palletized unit loads of bulk pack units are weather resistant fiberboard and wrapped in polymeric strapped tightly to the pallet base, capped with stretch or shrink wrap material. b. CFR Section 172.504 pertaining to Division 4.3 materials are ORBRATIONAL CONTROLS - The placarding requirements of 49 applicable to shipments made under the terms of this exemption, except that Division 4.3 placarding is not required when the aggregate gross weight of packages covered container does not exceed 100 kg (220 pounds), and the by this exemption in any transport vehicle or freight transport vehicle or freight container contains no other material requiring Division 4.3 placards. 8. SPECIAL PROVISIONS: Persons who receive the packages covered by this modifications or changes are made to the packages, all terms exemption may reoffer them for transportation provided no this exemption is maintained at each facility from which of this exemption are complied with and a current copy of such reoffering occurs. b. nust comply with all provisions of this exemption, and all Shippers using the packaging covered by this exemption other applicable requirements contained in 49 CFR Parts 171- <<>> • * MAY 11:d - Continuation of DOT-E 10897 (3rd Rev.) Page 3 9. MODES OF TRANSPORTATION AUTHORIZED: Motor vehicle, rail freight, cargo vessel, cargo aircraft only. : before or at the time the shipment is tendered. 11. COMPLIANCE: Failure by a person to comply with any of the following may result in suspension or revocation of this exemption and penalties prescribed by the Federal hazardous materials transportation law, 49 U.S.C. Section 5101 et seg: All terms. and conditions prescribed in this exemption 171-180. and the Hazardous Materials Regulations, 49 CFR Parts Registration required by 49 CFR 107.601 et seg., when applicable. Each "Hazmat employee", as defined in 49 CFR 171.8 who Pren a a for o he rating rogured by accive 172.700 through 172.704. schemine no Longer in froc 1o hat expired or ing display 12. any incident involving loss of packaging contents or REPORTING REQUIREMENTS: The carrier is required to report holder (s) of this exemption must infora the AAHMS, in riting, of any incidents involving the package ani shipments made under the terms of this exemption. Issued at Washington, D.C.: Can Mazzillis Alan I. Roberts - 5/11/98 Associate Administrator (DATE) or Hazardous Materials Safety <<>> continuation of DOT-E 10897 (3rd Rev.) MAY 11 1998 Page 4 Address all inquiries to: Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration, Attention: Department of Transportation, Washington, D.C. 20590. DHM-31. Photo reproductions and legible reductions of this exemption are The original of this exemption is on file at the above office. permitted. Any alteration of this exemption is prohibited. PO: Dist: FHWA, FRA, USCG, FAA s1n <<>> MAY 11 5:3 Continuation of DOT-E 10897 (3rd Rev.) Page 5 i APPENDIX A The following: are hereby granted party status to this exemption based on their application(s) submitted in accordance with 49 CFR 107.107 and the public proceeding thereon or 107.109, as appropriate: Company Hase City/state Applica- PTE tion Expiration Date Issuo Date Date Zeston Therm, Inc. Cincinnati, 3/20/98 1 4/30/2000 MAY 11 1998 Cana Bazalla go Alan I. Associate Administrator for Hazardous Materials Safety <<>> ***************-COMM. JOURNAL-******************* DATE AUG-28-2002 ***** TIME 17:37 *** P.01 MODE = MEMORY TRANSMISSION START=AUG-28 17:36 END=AUG-28 17:37 FILE NO. = 179 STN NO. COM ABER NO. STATION NAME/TEL. NO. PAGES DURATION 001 OK 919037690618 002/002 00:00'41" -HMIC - ********************************-2023663012 - *0**** - • ********* DERAETMENT OFTE SPORTATION special Program: Research and Administration RETURN FAX NUMBER (202) 366-3012 NUMBER OF PAGES (INCLUDING COVER)_ 2 DATE 8/28/2002 TIME 2:50 PM 5:30 ADDRESSEE Robert Stephens FAX NUMBER 903-769-0618 INITIATOR Eileen Edmonson 903-769-0700 PHONE 1-800-467-4922 MESSAGe your later be her signed. YOU ARE RECEIVING A TELEFAX FROM THE HAZARDOUS MATERIALS INFORMATION CENTER OFFICE OF HAZARDOUS MATERIALS STANDARDS FOR INFORMATION ON HAZARDOUS MATERIALS TRANSPORTATION PLEASE VISIT OUR WEBSITE AT http://hazmat.dot.gov <<>> AUG-28-2002 07:59 EXOTECH BOB STEPHENS 905 769 8618 P. 01 - ExoTech Robert W. Stephens 190 Private Road 7857 Telephone: (903) 769-0700 Hawkins, Texas 75765 Fax: (903) 769-0618 To: Eileen Edmonson Date: 8/28/02 Company: DOT Location: Washington, D.C. From: Bob Stephens Fax No.: (202) 366-3012 # of pages following this sheet: 0 FAX FAX FAX FAX FAX Good Morning, Eileen! Trust I'm not imposing on you but plan to give you a quick call this afternoon to say hello and check progress since our project is now at the ultra-critical stage. Thanks so much for your update last week. As usual, I appreciate your help and your consideration. Regards...BOB Operator <<>> ***************-COMM. JOURNAL-******************* DATE AUG-21-2002 ***** TIME 13:40 *** P.01 MODE = MEMORY TRANSMISSION START=AUG-21 13:39 END=AUG-21 13:40 FILE NO.= 105 STN NO. COM ABBR NO. STATION NAME/TEL. NO. PAGES DURATION 001 • OK 919037690618 001/001 00:00'39" -HMIC - **********************************-2023663012 - ***** - - ********* AUL-LI-Lovc 00:01 • ExoTech 190 Private Road 7857 Robert W. Stephens Telephone: (903) 769-0700 Hawkins, exas 15765 Fax: (903) 769-0618 Eileen Edmonson Date: 8/21/02 Compny: DOT Location: Washington, D.C. From: Bob Stophens Fax No.: (202) 366-3012 # or pages following this shees: | O FAX FAX FAX FAX FAX Eileen, another week since our last conversation, so I plan on giving you a call this afternoon to check progress. As usual, I appreciate your help and your consideration and trust that we are "about there". Regards...BOB 8/21/02 Bob. Swill be in a muting this after on i may net our ball to m tep earlie bung area who will be peturning <<>> - AUG-21-2002 08:57 AM EXOTECH BOB STEPHENS - 995 769 0618 P.81 ExoTech Robert W. Stephens 190 Private Road 7857 Telephone: (903) 769-0700 Hawkins, Texas 75765 Fax: (903) 769-0618 To: Eileen Edmonson Date: 8/21/02 Company: DOT Location: Washington, D.C. From: Bob Stephens Fax No.: (202) 366-3012 # of pages following this sheet: | 0 FAX FAX FAX FAX FAX Eileen, another week since our last conversation, so I plan on giving you a call this afternoon to check progress. As usual, I appreciate your help and your consideration and trust that we are "about there". Regards...BOB 8/21/02 Sob. Iwill be in a meeting this inter of man his your all So I'm jor concurrence. Of must be signed by our Director, who will be peturning to the office in September 34 Sincerely, E. ammoon lues Operator <<>> AUG-14-2002 08:22 AM EXOTECH BOB STEPHENS 905 769 8618 P.01 ExoTech Robert W. Stephens 190 Private Road 7857 Telephone: (903) 769-0700 Hawkins, Texas 75765 Fax: (903) 769-0618 To: Eileen Edmonson Date: 8/14/02 Company: DOT Location: Washington, D.C. From: Bob Stephens Fax No.: (202) 366-3012 # of pages following this sheet: 0 FAX FAX FAX FAX FAX Eileen, since it has been a week since our last conversation, I plan on giving you a call this afternoon to check on the progress of my request. As usual, I appreciate your help and your consideration. Regards...BOB firs Operator <<>> Interpretation Letters Requester Robert W. Stephens Date Received: 7/5/2002 Company Exotherm Technology, Inc. (ExoTech) Tracking Number: 02-0183 Phone 903) 7699700 Revision Date: 7/5/2002 Date Assigned 7/5/2002 Date of Letter 6/24/2002 Staff Edmonson First Draft Due: 7/26/2002 Section 172.101 First Draft Date: Subject Applicability Concurrence Status Status Date Sign Date Signor HBP Copy to Docket Copy to DHM-60 7 Comment 1110021:55 pm B, Stephens pay hell pend me nss sent ad to his pard et but made month is warking on tee soon MODS but tourt render yet In los 9540Am B. Sephen calls to confrom de fated + marled me better uSDs image <<>> AUG-95-2082 12:56 PM EXOTECH BOB STEPHENS 903 769 0618 P.01 ExoTech Robert W. Stephens 190 Private Road 7857 Telephone: (903) 769-0700 Hawkins, Texas 75765 Fax: (903) 769-0618 To: Eileen Edmonson Date: 8/5/02 Company: DOT Location: Washington, D.C. From: Bob Stephens Fax No.: (202) 366-3012 # of pages following this sheet: | 3 FAX FAX FAX FAX FAX Eileen, here is a copy of our draft MSDS that you requested. The MSDS is in DRAFT status and not intended as yet for distribution outside of your needs to address our request. Again, your help is most appreciated. Regards...BOB Operator <<>> . AUG-05-2002 12:56 EXOTECH BOB STEPHENS 903 769 0618 P.02 1 Material Safety Data Sheet Fish Attractant Pellet (FIZ) Section I Trade Name: FIZ Manufacturer's Name: Address: Exotherm Technology, Inc. (ExoTech) Telephone Number: 5544 Riverton Court, Plano, Texas 75093 972-612-5464 Emergency Contact: Date Prepared: CHEMTREC (800) 424-9300 July 23, 2002 Section II - Hazardous Ingredients Ingredients (all are non-toxic material) Weight Magnesium (Mg) Iron (Fe) 0.26 grams per pellet Polyethylene 0.03 grams per pellet 0.29 grams per pellet Sodium chloride (NaCI) Wetting agent (polyethylene glycol) 0.09 grams per pellet Trace Section III - Physical Data Boiling Point (F): N/A Vapor Pressure: N/A Vapor Density: N/A Solubility in Water: N/A Specific Gravity: approx. 1.2 Melting Point (F) 1202 (Mg) Evaporation Rate: N/A Percent Volatile by Weight: N/A The FiZ pellet is a cylindrical, grayish metal-imbedded item consisting of the above ingredients. The pellets are packaged in moisture proof packaging. <<>> ,AUG-85-2002 12:57 PM EXOTECH BOB STEPHENS 905 769 0618 P.B5 2 Section IV - Fire and Explosion Hazard Data Flash Point: N/A Flammability: N/A Limits: N/A Lower explosive limit: N/A Upper explosive limit: N/A Extinguishing media: Use extinguishing agents intended for Type A, B, or C fires. If Mg is burning (extremely intense fire with white sparks): 1. Flood fire with large amounts of water with a fog nozzle (not a solid stream) or 2. Move burning material outdoors i possible, allow to bum completely or spread material out to extinguish. Individual pellets are self extinguishing. Special fire fighting procedures: Fire fighters should use self contained breathing apparatus due to hazards of off-gassing from burning fiberboard and polyethylene. Unusual fire or explosion hazards: Individual pellets are self extinguishing. If cases of pellets are ignited, plastic will burn initially in a Class A fire. Bulk packs of pellets may sustain initial fire due to fiberboard and plastic packaging. Bulk paokaging may transition from initial Class A fire to flammable solid fire (Class D) if fire is not brought under control in the initial stages. Section V - Health Hazard Data Acute effects: Direct eye contact with pellets causes irritation. May cause skin iritation with prolonged contact. Emergency first aid procedures: In case of contact: Eyes - Flush with water for 15 minutes. Broken skin - Wash skin with soap and water. Carcinogenicity: Unknown. Signs and symptoms of exposure: Irritation of eyes, nose, or throat. Dermatitis of the skin. Medical conditions generally aggravated by exposure: Small cuts or abrasions. Other: All pellet ingredients are non-toxic and byproducts of reacted pads are non-toxic. See Section VII for list of byproducts. Pellets are packaged with labels wa - **truncated:** true - **body characters:** 66472