J & A Companies, L.L.C. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation MAY 19 2004 400 Seventh St., S.W. Research and Washington, D.C. 20590 Administration Special Programs President, CEO Dr. John S. Hibbard Ref. No. 03-0175 Suite 4 J & A Companies, I.L.C. 5816W. 87th Terrace Overland Park, KS 66207 Dear Dr. Hibbard: This responds to your letter regarding the requirements for your 49 CFR Parts 171-180). Specifically, you ask whether your consumer product under the Hazardous Materials Regulations (HMR; product, a hand sanitizer, may be reclassed as an ORM-D and renamed "Consumer Commodity." Your consumer product consists of on the Internet to retail customers. 718 flammable liquids, has a flash point of 77° F, and is sold It is packaged in responding. conformance with § 173.150 (b). I apologize for the delay in The answer is yes. A consumer commodity, as defined in § 171.8, is a material packaged and distributed in a form purposes of personal care or household use. suitable for retail sale or consumption by individuals for that your product meets these conditions and may be reclassed as It is our opinion an ORM-D and renamed "Consumer commodity." I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Hithe Z. michell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards $172.101 030175#

Page 207/14/2003 14:36 4067281271 MURALTS TRAVEL PLAZA PAGE 01 Stevens 3172.101 Germ Out® "the invisible antibacterial glove"™M Classification a product of J & A Companies, L. L.C., Suite 4, 5816 W. 87th Terrace, Overland Park, 03-0|75 KS 66207, Telephone (800) 222-7194, Fax (406) 728-6447 Facsimile Transmission DATE: July 14, 2003 TO: Attention: Mr. Mike Stevens Office of Hazmat Standards FROM: John Hibbard FAX NO: 202-366-3012 Cc: TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: Two Subject: Hazmat Classification for Germ Out Dear Mr. Stevens: Thank you very much for your help and advice during our telephone conversation this Germ Out. Germ Out is a Hand Sanitizer sold on the Internet to retail customers and morning. Per our telephone conversation, we are requesting a hazmat classification for denaturing agent. The flash point is 77° F. distributors. Germ Out contains 65.87 wt % Ethyl Alcohol with Acetone 5.0 wt % as a Germ Out is packaged in 1 gallon high density polyethylene (HDPE) bottles sealed with plastic foil and a tight screw cap lid. Four gallon bottles are placed in a strong fiberboard approximately 32 pounds. shipping cartons with dividers between each bottle. Each shipping carton weighs In addition, we sell 4 oz bottles of Germ Out. Each bottle is HDPE with a tight screw cap flip-top lid. Twenty-four bottles are placed in strong fiberboard cartons for shipping. Ar carton weighs approximately 4 pounds. insert in the shipping carton prevents the flip-top lid from opening during shipping. Each Will you please confirm by facsimile and/or letter that Germ Out, as described above, would be classified and can be shipped as an ORM-D material consumer commodity. Thank you for your time and consideration of this matter.#

Page 307/14/2003 14:36 4867281271 MURALTS TRAVEL PLAZA PAGE 02 Sincerely, Johns. /tillard John S. Hibbard, Ph.D. President, CEO J & A Companies, L.L.C.#