Exotherm Technology, Inc. — Hazardous Materials Safety Interpretation

Page 1,S. Departmer f Transportatio 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration DEC 17 2002 Mr. Robert W. Stephens Vice President of Operations Reference No. 02-0291 5544 Riverton Court Exotherm Technology, Inc. Plano, TX 75093 Dear Mr. Stephens: This is in response to your October 31, 2002 letter and recent telephone conversations with my Materials Regulations (HIMR; 49 CFR Parts 171-180). You state that the fish attractant pellet is tall asking it your company's product, a fish attractant pellet, would be subject to the Hazardou: packaged eight pellets to a blister-pack inner packaging is not subject to the HMR. Based on your information stating the fish attractant pellets packaged 12 pellets to a blister-pack inner packaging is otherwise identical to that described in your June 24, 2002 letter, we take a similar position that it is not subject to the HMR. Likewise, this determination does not apply to fish attractant pellets shipped in another type of packaging or those containing more than 0.26 grams of magnesium. I hope this satisfies your request. If we can be of further assistance, please contact us. Sincerely, Watte matel Regulatory Review and Reinvention Hattie L. Mitchell, Chief Office of Hazardous Materials Standards 173.124 020291#

Page 2: .:. Edmonson October 31, 2002 5.173.124 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards Definitions 400 Seventh Street, S.W. U.S. Department of Transportation Hackagin Washington, D.C. 20590 12-039 Reference No. 02-0183 Dear Mr. Mazzullo: Subject: FISH ATTRACTANT PELLET BACKGROUND: In my letter to you of June 24, 2002, a clarification was requested request was assigned to and was handled in admirable fashion by Eileen Edmunson regarding the transportation of a new product. This correspondence is attached. My (also attached). of your staff, and, on August 28, 2002, a determination was issued by your office CURRENT SITUATION: Competitive marketing pressures require that we now originally requested and as was originally approved. I have discussed this request package the new product in packages of 12 pellets instead of the 8 pellets as with Eileen Edmunson and Spencer Watson by telephone. Mr. Watson suggested a written request to you. REQUEST: On an urgent basis, my company hereby requests your determination allowing the packaging of the fish attractant pellets in packages of 12 instead of 8. All other product and packaging criteria remain the same. My apologies for creating more work for you and my thanks in advance for your urgent attention. tentu. Stephens Robert W. Stephens Vice President 5544 Riverton Court Exotherm Technology, Inc. Plano, Texas 75093 Phone: 903.769.0700 Fax: 903.769.0618 Email: ExoTech@att.net :: :40#

Page 31 June 24, 2002 Mr. Edward T. Mazzullo J.S. Department of Transportatio Director, Office of Hazardous Materials Standard Washington, D.C. 20590 400 Seventh Street, S.W. Dear Sir: As we approach the production phase with this new product, we need clarification of DOT (MRE's) which have been previously discussed with your organization in relation to hazard class 4.3. under humidity-controlled conditions. Each individual package will contain eight pellets and will be Our FISH ATTRACTANT PELLET weighs only 10 grains (~700 per pound) and will be packaged double sealed for shipment. (A similar package is inciuded.) Since a package of eight FISH ATTRACTANT PELLETS have only two grams of magnesium the FISH ATTRACTANT PELLET. I hereby request your interpretation and clarification on an urgent basis. Sincerely, Robert W. Stephens 'Exotherm Technology, Inc. (ExoTech) Vice President of Operations 5544 Riverton Court Plano, Texas 75093#

Page 4i AUG-2B-20B= 17:37 HMIC P. 82/02 U.S. Department of Transportation 100 Severth Bt, SM Nashington, D.c. 2058 Research and pecial prograntu Adminshan AUG 28 2002 Mr. Robert W. Stephens Refexence No. 02-0183 Exotherm Technology, Inc. Vice Fresident of Operations Plano, TX 75093 5544 Riverton Court Dear Mr. Stephens: This is in response to your June 24, 2002 letter and recent telephone conversations with Eileen would be subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Edmonson of my staff concerning whether your company's product, a fish attractant pellet, You state each pellet weighs 10 grains (.648 grams) and is composed of 0.26 grams of magnesium. You state & pellets are hermetically scaled individually onto a bag, and further packed in an outer fiberboard box. The outer fiberboard box will contain 100 polyethylene/aluminum foil blister packaging that is packed inside a re-scalable polyethylene re-sealable bags. Based on the information you provided, it is our determination that the fish altractant pellet is in a quantity and form that does not pose a huzard in transportațion and, therefore, is not subject to However, this determination does not apply to fish attractant pallets shipped in another type of the HIMB, regardless of the number of fish attractant pellets contained ia one outer package. packaging or those containing more than 0.26 grams of magnesium. I hope this satisfies your request. If we can be of further assistance, please contact us. Sincerely, Tatia, shitchell Edward T. Mazzullo Director, Office of Hazardous Materials Standards W20265A TOTAL P. 02#