The RxFire Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department DEC 8 2003 Research and of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Administrations ForesTech Mr. Peter Nopper Reference No.: 03-0256 The RxFire Company 335 Palo Verde Drive Leesburg, FL 34748 Dear Mr. Nopper: This is in response to your letter concerning the small quantity exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask if a small quantity (29 g) of a It is the opinion of this office, that the packaging you describe is an acceptable inner packaging for a small quantity of fused flammable solid, provided the foil is securely closed to prevent the escape of any material. I trust this satisfies your inquiry. Sincerely, Thotte z. mitchel Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 030256 193.4 224:3#

Page 2FORESTECH Corbin 335 PALOVERDE DRIVE LEESBURG FL 34748 $113.4 (a) E)(ir) Exceptionstor Waste October 9, 2003 03-0256 Edward Muzzullo Office of Hazmat Standards USDOT-RSPA, DHM-10 400 7th. St. SW Washington DC 20590 Re: Clarification of 49 CFR 173.4 (a) (2) (ii) Dear Mr. Muzzullo, In a recent phone conversation with an Information Specialist regarding the above ("Is constructed of plastic having a minimum thickness of no less than 0.2 mm (0.008 inch), or earthenware, glass, or metal;"), as no dimension is given for an inner receptacle constructed of metal, he indicated that a metal foil would meet the requirement. However, as Dr. Cushman has noted, sometimes things get lost between the cup and the to ship a Class 3, Division 4.1, fused flammable solid to the U.S. Forest Service and other lip. Consequently I am contacting your office for a written verification of this. We wish qualified fire fighting agencies. Thank you for your clarification. Sincerely, Peter Nopper The RxFire Company, dba ForesTech 352-360-1114 forestech@rxfire.us#