Shipmate, Inc. — Hazardous Materials Safety Interpretation

Page 1J.S. Department of Transportatior 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration SEP 29 2004 Mr. Robert Tieman Ref. No. 04-0176 Shipmate, Inc. 18436 Hawthorne Blvd, Suite 201 Torrance, CA 90504 Dear Mr. Tieman: This is in response to your July 26, 2004 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to Firestarters ™M lighter cubes. You state that your products contain no more than 10 ml of "fuel" and there is no free liquid in the cells. For the proper shipping name "Solids containing flammable liquids, n.o.s.," the Hazardous Materials Table refers you to special provision 47. Special provision 47 excepts from the HMR sealed packets that contain less than 10 ml of a flammable liquid in Packing Group II or III when the liquid is completely absorbed onto a solid material. Based on the information that you provided in your letter, it is the opinion of this Office that your Firestarters™ lighter cubes are not subject to the requirements of the HMR. I hope this information is helpful. Sincerely, Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention ШИННІ І $173.22 040176#

Page 2-Bells 18436 Hawthorne Blvd, Suite 201 ShipMate, inc. ShipMate® Torrance, CA 90504 Dangerots Goods $173.22 Phone: 310-370-3600 Fax: 310-370-5700 Training & Consulting Shipper's E-mail: robert@shipmate.com July 26, 2004 Respons,bilit 04 - 0176 Mr. Ed Mazzullo Research and Special Programs Administration U.S. Department of Transportation 400 Seventh Street, SW Washington, DC 20590-0001 Subj: Request for Letter of Interpretation Dear Mr. Mazzullo: This application is being submitted by Robert Tieman, ShipMate, Inc., on behalf of the Petitioner, Weber- respectfully requests an interpretation of the Hazardous Materials Regulations (HMR). Stephen Products Co., 200 East Daniels Road, Palatine, IL 60067-6266, phone (800) 446-1071. The Petitioner Weber-Stephen Products Co. currently distributes a product, Firestarters™M lighter cubes, which is a solid fuel that contains a wax-like substance, n-paraffin. The substance is packaged in plastic trays, each having 24 contains no more than 10 ml of the "fuel" and there is no free liquid in the cells (see photo 5). A tray is then cells that are not in communication with one another and sealed in a metal foil (see photos 3, 4). Each cube packed in a strong intermediate fiberboard box is then packed into strong specification fiberboard boxes. In the form that it is offered, the product does not meet the definition of a flammable solid, as defined in Title 49, Code of Federal Regulations §173.124./ Although the 49 CFR §172.101 Hazardous Materials Table (HMT) lists an entry for Firelighters, solid, with flammable liquid, 4.1, UN2623, II, this entry would not be an appropriate basic description for the Petitioner's product because the "fuel" that is in the Firestarters™M is not flammable. In fact, the flashpoint for the "fuel" is greater than 141°F. A copy of the product Technical Sheet is enclosed for your review. Upon careful review of the classification criteria, this product does not appear to not be regulated for transportation by any mode. meet the definition of a hazardous material a hazardous substance or a marine pollutant and would, therefore, Is our interpretation consistent with your interpretation? And if so, could you please confirm that this product, in the form that it is packaged, is not subject to the requirements of the Hazardous Materials Regulations (HMR)? for the relief provided for in Special Provision 47, which is listed for substances that are classified as Solids Assuming, arguendo, that the DOT intends to regulate this product, would this product, as described, qualify containing flammable liquid, n.o.s., 4.1, UN3175, II, provided that all of the conditions of Special Provision 47 were met? The Petitioner also submits the following information in support of its petition. Shipping History hazardous materials for many years. To date, there has not been a single incident or accident involving this The Petitioner, Weber-Stephen Products Co.,, has distributed this product for transportation in commerce as product. Hazardous Materials Training * Information Systems * Compliance Inspections & Audits $ Shipping & Regulatory Software#

Page 3ShipMate Subj: Letter of Interpretation Mr. Ed Mazzullo July 26, 2004 Equivalency of Safety 1. De minimis quantities • Each tray contains no more than 240 ml of the non-flammable fuel " (see photos 3, 4, 5) The product contains less than 10 ml of a non-flammable fluid per cell with no free visible liquid. 2. Superior Packaging The cells have a thickness of at least 2 mm. The product is shipped in hermetically sealed cells and no more than 24 cells for a tray which is packed into strong intermediate fiberboard boxes which are then packed into strong outer The intermediate fiberboard boxes are used for point-of-sale retail purposes only. These specification fiberboard boxes fiberboard boxes are placed in larger fiberboard boxes for transport. 3. Additional Testing ShipMate, Inc. tested the substance to see if the liquid would ignite when exposed to a direct flame. It was determined that the liquid will not ignite when exposed directly to an open flame (see photos 9, 10). 4. Training & Recordkeeping Each hazardous material employee that handles this product or transports this product will receive additional Function-Specific training in additional to the hazardous materials General Awareness, Security Awareness, General Safety and Function-Specific training they currently receive. A copy of your response will be maintained on file at each facility which offers this product and to each carrier with the first shipment of packagings offered and, at least, annually. Conclusion Given the product poses no risk in transportation as evidenced by a long history of accident and incident-free raining conducted, the Petitioner respectfully requests your written interpretation and confirmation that the ransportation; the very small quantities offered for transport; and the additional packaging, testing an material is not subject to the Hazardous Materials Regulations and, if regulated, that this product may be offered under Special Provision 47 for an equivalent product. Your assistance in this matter would be most appreciated. If I may be of assistance in any way, please call. We look forward to your response. Sincerely yours, Priso Robert Tieman ShipMate, Inc. Enclosures cc: Mr. Mike Sweeney, Weber-Stephen Products Co., Inc. Mr. Steven Charles Hunt, ShipMate, Inc. Hazardous Materials Training + Information Systems * Compliance Inspections & Audits # Shipping & Regulatory Software#

Page 4ShipMate' Photographs Photo 1: Inner Packaging Configuration (width) Photo 2: Inner Packaging Configuration (length) Hazardous Materials Training & Information Systems * Compliance Inspections & Audits • Shipping & Regulatory Software#

Page 5ShipMate® Photographs Photo 3: Inner Packaging Configuration (cells) Photo 4: Inner Packaging Configuration (individual foil wrapped cells) Hazardous Materials Training * Information Systems 1 Compliance Inspections & Audits & Shipping & Regulatory Software#

Page 6ShipMate® Panic crositing brokenna cares Photographs Photo 5: Inner Packaging Configuration (no free liquid) Photo 6: Individual Firestarter™ Lighter Cube Hazardous Materials Training * Information Systems * Compliance Inspections & Audits # Shipping & Regulatory Software#

Page 7ShipMate® Pange conting Photographs Photo 7: Individual Firestarter™M Lighter Cube (alight) Photo 8: Individual Firestarter™M Lighter Cube (extinguished) Hazardous Materials Training • Information Systems & Compliance Inspections & Audits • Shipping & Regulatory Software#

Page 8ShipMate® Troning i diastoleng Photographs Photo 9: Direct flame (butane lighter) applied to liquid extracted from Firestarter™M Lighter Cube Photo 10: Direct Liquid extracted from Firestarter™M Lighter Cube (direct flame removed) Hazardous Materials Training & Information Systems * Compliance Inspections & Audits & Shipping & Regulatory Software#

Page 9Technical data and characteristics Sunbird Lighting Cubes Appearance white solid cube Flame height approx.20 cm Basic material odourless high Properties non explosive; aromatic free; no purity n-paraffines, ight, even wher dourless; easy t kerosene hydrochloric acid wet; made without Flash point (hasic material) 931° C, ASTD Safety fulfils DIN 66 358- S, reg.no. SZ011 DIN Certco Burning avrg. > 750° C Handling see Material Safety tempearture Data Sheet Burning duration avrg. 12 - 15 Transport minutes classification see Material Safety Data Sheet Non-toxicity LD50 > 5.000 Emission (during passed: SCAQM 401,1981); mg/kg (OECD ignition) District rule 1174 Reference: Scantox ref. C22/23, 04.09.1991; Biologisk references: Dansk Laboratorium No. Teknologisk Institut 10790,23.01.1981 nr. 30014615, 11.06.1991; Horizon Air Service S09-001- Measurement FR, 17./18.07.1991 http://www.sunbird.dk/cubetech.htm 7/14/2004#

Page 10Page 1 of 1 Drakeford, Carolyn From: Mazzullo, Ed Sent: Tuesday, July 27, 2004 10:55 AM To: Drakeford, Carolyn Subject: FW: REQUEST FOR INTERPRETATION Please assign for response. Ed ----Original Message--.- To hand, d 62 april comm Cc: Nelson, Sherrie <RSPA>; Posten, Ryan <RSPA>; Robert Tieman; Kris Hunt Subject: REQUEST FOR INTERPRETATION Dear Mr. Mazzullo: Attached, please find a copy of a Request for Interpretation regarding Firestarters lighter cubes. My to it. However, the ligguid which is in the wax will not ignite. client distributes these products which is basically a wax which will burn when a direct flame is applied I have included photographs which may be of assistance. Your assistance in this matter would be appreciated. Best Regards, Steven Charles Hunt ShipMate, Inc. 18436 Hawthorne Blvd, Suite 201 Torrance, CA 90504 (310) 370-5700 fax (310) 370-3600 phone (310) 600-5241 cell e-mail: shipmate@shipmate.com Please visit our web-site at: http://www.shipmate.com 7/27/2004#