Optical Dynamics Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration AUG - 5 2003 Mr. John Gardner Optical Dynamics 10100 Bluegrass Parkway Corporation Ref. No. 03-0143 Louisville, KY 40299 Dear Mr. Gardner: This is in response to your letter dated May 27, 2003, concerning Materials Regulations (HMR; 49 CFR Parts 171-180).| the definition of consumer commodity under the Hazardous you asked if your products meet the definition of a consumer Specifically, commodity in § 171.8. in accordance with the limited quantity provisions. You state that your products are packaged state that the products are packaged in a manner that is suitable You also for retail sale, however, the products are not intended for household use. consumption by individuals for purposes of personal care or meet the definition for consumer commodity; 2) in the packagino To ship your product as a Consumer commodity, ORM-D, it must: 1) be allowed a special exception for shipment as an ORM-D; and 3) be section referenced in the Hazardous Materials Table in S 172.101, provisions. A consumer commodity is defined as a material that is packaged retail sales agencies or instrumentalities for consumption by and distributed in a form intended or suitable for sale through individuals for purposes definition includes materials that are of personal care or household use. suitable for retail sale The even if not specifically so intended. I hope this satisfies your request. Sincerely MEl Transportation Regulations Specialist Standards 171.8 030143#

Page 2BAH 3171.8 DefinItons Wednesday, May 27, 2003 03-0 /4/3 U.S. Department of Transportation, Research and Special Programs Administration, Office of Hazardous Materials Standards, Washington, DC 20590 400 Seventh St. S.W., 03 JUN -3 Could you please verify the following? Would you kindly provide clarification regarding our products meeting the definition of a Regulation CUR, 49 CER Paris in 180. the filing the Has cac acid, describes its use and how each product is packaged. Isopropyl Alcohol UN1219, Class 3, Packing Group II fiberboard box. Packaged within: (4)-16 oz. plastic inner receptacle (bottles) inside UN Specification 4G Product use: Lens/Mold cleaning solution Acetone UN1090, Class 3, Packing Group II Packaged within: (4)-16 oz. plastic inner receptacle (bottles) inside UN Specification 4G fiberboard box. Product use: Lens/Mold cleaning solution Hydrochloric Acid, Solution UN1789, Class 8, Packing Group II Packaged within: (1)-1 oz. plastic inner receptacle (bottle) inside fiberboard box. Product use: (Water) PH Balance test kit Flammable Liquid, N.O.S. UN1993, Class 3, Packing Group II Packaged within: (1)-16 oz. amber glass inner receptacle (bottle) inside UN Specification 4G fiberboard box. Product use: Produces a scratch resistant coating on lens 1-Methoxy-2-propanol, Solution UN3092, Class 3, Packing Group III Packaged within: (6)-4 oz. plastic inner receptacle (bottle), (1)-8 oz. plastic inner receptacle (bottle), inside fiberboard box. Product use: Produces a scratch resistant coating on lens .;.) 1#

Page 3These products are sold to various independent ophthalmologist, optometrist, and opticians, as well as select larger retail chains. These products are used in various stages of transforming semi finished products into lenses for eyeglasses, from cleaning the glass molds to applying a scratch resistant coating, to cleaning the finished lens. The Isopropyl Alcohol previously mentioned is chemically equivalent to common antiseptic alcohol sold in the family drug store; the same can be said of the acetone with fingernail polish remover. In fact, the Isopropyl Alcohol found in stores is packaged in a application; one customer uses these materials for cosmetic purposes and personal 16 oz. plastic receptacle bottle, as is ours. The only difference being the intended hygiene, the other uses for the cleaning and preparation of a medical device, an ophthalmic lens. The PDA considers ophthalmic lenses a class I Medical Device. The Flammable Liquid, N.O.S. chemicals outlined above either contains (Acetone and Isopropanol) or (Acetone and 1-Methoxy-2-propanol) mixture. Hazardous Materials Table (HMT), provided they meet the definition of a Consumer All UN numbers mentioned previously are afforded the ORM-D exception per the Commodity, as per (171.8) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Based on the above-mentioned descriptions, we believe the previously listed products to be true Consumer Commodities. To verify this issue and avoid conflict, please provide written clarification whether or not the above-mentioned products meet classification. the definition of a Consumer Commodity and should be afforded the ORM-D Please respond at your earliest convenience, in writing via facsimile at (502) 753- 0134, to clarity whether the above-mentioned products meet the definition of a Consumer Commodity. Also, can you verify if a Consumer Commodity can be transported via truck from the blending and packaging facility to our company, which in turn ships directly to the customer? I look forward to hearing from you. Sincerely, tome ardmen John Gardne 2#