ICI Paint; Exports & Licensing — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety MAY 23 2005 Mr. Thomas R. Hamilton Ref. No.: 05-0057 Manager, Quality Assurance and Safety Wyle Laboratories 7800 Highway Twenty West P. O. Box 077777 Huntsville, AL 35807-7777 Dear Mr. Hamilton: This is in response to your March 7, 2005 letter concerning the definition of "non-bulk packaging" as defined in § 171.8 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The fiberboard packaging described in your letter, with dimensions of 47" X 39 4¼" X 57 ½", is designed to carry less than 400 kg (882 pounds). Specifically you ask if your packaging meets the definition of a "non-bulk packaging." The answer is no. Non-bulk packaging means a packaging that has a maximum net mass of 400 kg (882 pounds) or less and a maximum capacity of 450 L (119 gallons) or less as a receptacle for a solid. Based on the information provided, it is our opinion that the packaging; you describe is not a non-bulk packaging because it has a maximum capacity greater than 450 L (119 gallons). In your letter, you state that § 178.516 restricts the net mass of a 4G packaging to 400 kg and does not set forth restrictions for the volume of a 4G. All packagings manufactured and certified under Part 178, Subparts L and M must meet the definition of a non-bulk packaging in § 171.8, and therefore, may not exceed a volurnetric capacity of 450 L (119 gallons). You should be aware that Fireworks (UN0336) may not be transported in bulk packaging, nor (without separate approval or an exemption from the Associate Administer for Hazardous Materials Safety), a "large packaging" as defined in § 171.8. Because the packaging you describe in your letter has a volumetric capacity of 458 gallons, it is not an authorized packaging. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 171.8 050057#

Page 2Pollack 3171.8 wyle Liboratories Now Bulk Packuging 05-0057 March 7, 2005 John Heneghan Pipeline & Hazardous Materials Safety Administratior J.S. Department of Transportatior 233 Peachtree Street NE, Suite 602 Atlanta, Georgia 30303 Subject: Exit Briefing Report Control No. 04464084 Revised 3/4/05 Dear Mr. Heneghan: This letter is to address the first specific probable violation identified in the revised exit briefing dated 3/4/05 and discussed over the phone by myself and Jimmy Stanford and in the probable violation is not applicable here and we set forth our reasoning below. yoursell. As we discussed Wyle believes the reference to capacity requirement identifiec Reference Exit Briefing Report Control No. 04464084 Revised 3/4/05 Example: Report Number 47014-01+AC1898 (Package doesn't meet the criteria for a UN Specification non-bulk package as prescribed in the HMR. American Promotional Events (TNT Fireworks) Report. Wyle Laboratories believes this is an authorized 4G Packaging. Per 49 CFR 178.8 (2) A Non-bulk packaging means a packaging which has: A maximum net mas: of 400 kg (882 Ibs) or less and a maximum capacity of 450 L (119 gallons) or less as a receptacle for a solid. Note: "as a receptacle for a solid" being the key phrase here. When the Packaging is a Combination Packaging the Firework displays become the Inner Packaging (inner receptacles). Under 178.8 the definition of an Inner Receptacle, says it may be an inner packaging of a combination packaging. Wyle Laboratories, Inc. 7800 Highway 20 West F.J. Box 077777 Huntsville, AL 35807-7777 Tel: (256) 837-4411#

Page 3Letter to DOT 3-7-2005 Page Two Per 49 CFR, under the Standards for Specification Packaging: (8) Maximum Capacity of Drum: 450 L (119 gallons) 178.504 Standards for Steel Drums, (9) Maximum Net Mass: 400 kg (882 pounds) 178.507 Standards for Plywood Drums, (7) Maximum Net Mass: 400 kg (882 pounds) (6) Maximum Capacity of Drum: 250 L (66 gallons) 178.508 Standards for Fiber Drums, (5) Maximum Capacity of Drum: 450 L (119 gallons) (6) Maximum Net Mass: 400 kg (882 pounds) Under Standards for boxes, the only constraint is the Net Mass, examples: (4) Maximum Net Mass 400 kg (882 pounds) 178.512 Standards for Steel or Aluminum Boxes, 178. 5.14 Standards for Plywood Boxes, (2) Maximum Net Mass 400 kg (882 pounds) 178.516 Standards for Fiberboard Boxes, (6) Maximum Net Mass 400 kg (882 Ibs) The Maximum Capacity constraint (450 L/119 gallons) is on Drums, not Boxes. No volume: or size constraint on boxes. Only limit on boxes is the Net Mass (400 kg/882 Ibs.). Examples: (1) 178.507 Standards for Plywood Drums (Max. Cap. 250 L (66 gallons) 178.514 Standards for Plywood Boxes (Max. Net Mass 400 kg (882 Ibs.), (2) 178.508 Standards for Fiber Drums (Max. Cap. 450 L (119 gallons) 178.516 Standards for Fiberboard Boxes (Max. Net Mass 400 kg (882 Ibs.), and (3) 178.504 Standards for Steel Drums (Max. Cap. 450 L (119 gallons) 178 512 Standards for Steel Boxes (Max. Net Mass 400 kg (882 Ibs.) Per the above references and definitions, Wyle believes the referenced Packaging is an authorized 4G Fiberboard box.#

Page 4Letter to DOT 3-7-2005 Page Two Photo and the Wyle Report accompany this letter. Responses to the balance of the revised exit briefing docurnent will be submitted later. Should you have any questions or need additional information, please feel free to contact thamilton@hnt.wylelabs.com. the undersigned by phone at (256) 837-4411, extension 483, or by email at Sincerely yours, thrones Retain VILS LABORATORIES C Thomas R. Hamilton Manager, Quality Assurance and Safety#

Page 5CERTIFICATION wyLe laboratories TEST FAX (256) 721-0144, Phone (256) 837-4411 Huntsville, Alabama 35807 REPORT REPORT NO. 47014-01+AC1898 American Promotional Events 4511 Helton Drive CUSTOMER P.O. NO. 1161 Florence, AL 35631 CONTRACT NO. N/A NUMBER OF PAGES 9 DATE April 10, 2002 1.0 SPECIMEN: Combination Packaging, 4G Fiberboard Box, Two-Part Box W/Wood Pallet, 48-1/8"L × 40"W × 62-7/8"H (OD), including Pallet. Top: 47'L × 39-1/4"W × 57-1/2"H (OD), SW Fiberboard, ECT 44C, 56-33-56, Flaps Closed with 48mm (2") Clear Plastic Pressure Sensitive Tape, One Piece, 2" Onto Sides; Bottom: 48-1/8"L x 40"W × 17-3/4"H (OD), DW Fiberboard, ECT 51 BC, 42-33-33-33-33, Attached to Pallet with 1"W × 3/4"H Staples (12" Spacing), Flaps Closed with 48mm (2) Clear Plastic Pressure Sensitive Tape, One Piece, 2" onto Sides. Top Section Slides Inside Bottom Section. Closure: Shrink Wrap, Two Plies Minimum, Four Sides Manufactured by: Packaging Materials. Inner Packaging: Fireworks Displays (Simulated for Test) 16 DW Fiberboard Boxes, 57" × 21" × 5-1/4" with Wood (Two 2"x 4's, 20-3/4"L and Three Landscape Timbers 53"L), with one SW Fiberboard Top Pad, 47-1/4 × 38-1/4 2.0 PART DESCRIPTION: Fireworks UN0336 3.0 SAMPLE NO: 21 Total (5 Drop, 3 Stack, 3 Vibration, and 10 Cobb Tested) COUNTY OF MADISON STATE OF ALABAMA } Wyle shall have no liability for darnages of any kind to person or property, including special or consequential damages, resulting from Wyle's providing Donald E. Smith being duly sworn, deposes and says: the services covered by this repor conducted tests conducted it and is into best of is nave dee and recital reall Imit, 412/02 APPROVED BY Notary Public in and for the State of Alabama at large Yatrica 4/15/02 My Commission expires. Jan. T. R. Hamilton, Q. A. Manager Date (pap)#

Page 6Test Report No. 47014-01 Page No. 2 4.0 REQUIREMENTS The specimens shall be subjected to the required test environments to qualify for Packing Dangerous Goods (Orange Book) and 49 CFR Regulations. Group II as described in the United Nations Recommendations on the Transport of 5.0 PROCEDURES AND RESULTS 5.1 Preconditioning The specimens were preconditioned at 27°C and 65% RH for a minimum of 24 hours prior to test in accordance with UN/DOT Regulations. 5.2 Preparations The specimens were received with simulated fireworks displays and were tested to represent the actual shipping weight. 5.3 Drop Test Five specimens were subjected to the test requirements specified in the UN Orange Book for further information. (paragraph 9.7.3) and 49 CFR 178.603 Regulations. Refer to the Drop Test Data Sheet A post-test visual inspection of each specimen revealed no leakage. 5.4 Stack Test Three specimens were subjected to the test requirements specified in the UN Orange Bcok (paragraph 9.7.6) and 49 CFR 178.606 Regulations for a minimum of 24 hours. Refer to the Stack Test Data Sheet for further information. A post-test visual inspection of each specimen revealed no leakage. 5.5 Vibration Test Three specimens were filled as described above, closed as for transport, and subjected to the test requirements specified in 49 CFR 178.608. The duration of the test was one hour at one-inch peak-to-peak displacement and a frequency of 219 pm. Refer to the Vibration Test Data Sheet for further information. A visual inspection, conducted during and after the test, revealed no leakage. WYLE LABORATORIES Huntsville Facility#

Page 7Test Report No. 47014-01 Page No. 3 5.0 PROCEDURES AND RESULTS (Continued) 5.6 Cobb Test This test was performed on 10 specimens (5 top and 5 bottom) in accordance with 49 CFR 178.516 and ISO 1991 (E). The maximum allowable absorption must be less than or equal to 155 g/m'. The maximum absorption exhibited by the specimens was less than the maximum allowable. Refer to the Cobb Test Data Sheets for further information. 6.0 QUALITY ASSURANCE All work performed on this program was completed in accordance with Wyle Laboratories' Quality Assurance Program. The Wyle Laboratories, Huntsville Facility, Quality Management System is registered in compliance with the ISO-9001 International Quality Standard. Registration has been co npleted by Quality Management Institute (QMI), a Division of Canadian Standards Association (CSA). 7.0 TEST EQUIPMENT AND INSTRUMENTATION Al: instrumentation, measuring, and test equipment used in the performance of this test program were calibrated in accordance with Wyle Laboratories' Quality Assurance Program, which complies with the requirements of ANSI/NCSL Z$40-1, ISO 10012-1, calibrations are traceable to the National Institute of Standards and Technology (NIST) and Military Specification MIL-STD-45662A. Standards used in performing all to : nternational standards or the basis for calibration is otherwise documented. by report number and date. When no national standards exist, the standards are traceable A listing of the equipment used in the performance of this test program is maintained on file at Wyle Laboratories and is available for inspection. 8.0 CERTIFICATION QUALIFICATION The certification issued under this test report details the test requirements as imposed by UN Recommendations and 49 CFR Regulations. It does not define the product carried or the quantity of product carried. It is the SHIPPER'S responsibility to verify and comply with all regulations and requirements as to Hazard Class and quantity limitations for which the container is suitable. For Combination Packaging, Periodic Retests must be conducted at least once every 24 months. +AC1898 has been assigned this packaging, certifying compliance with 49 CFR 17& Subpart M. WYLE LABORATORIES Huntsville Facility#

Page 8Test Report No. 47014-01 Page No. 4 9.0 MARKINGS 4G/Y359/S/* USA/** ** Name and address or symbol of the manufacturer or approval agency certifyins * Insert year packaging is manufactured. compliance with Subpart L and M of 49 CFR 178 NOTE: Shipper is to apply all markings required for Flammable and any othe Hazardous products transported as defined in the regulations WYLE LABORATORIES Huntsville Facility#

Page 9Test Report No. 47014-01 Page No. 5 FIREWORKS UM-02 FIREWORKS WYLE LABORATORIES Huntsville Facility#

Page 10Test Report No. 47014-01 Page No. 6 wyle astories DROP TEST DATA SHEET NO. 2 DATE: 3-14-02 REPORT NO: 47014-01 SPECIMEN TYPE: FiBeRBIANA Rep WYLE JOB NO.: _ 47014 CUSTOMER: AmERicAN PRONATioNAL EVENTS NeT WT = 720 165 CONTENTS: Simulass FiRewanna Displas Bat, Pro, Pror = 7245 -le BoXEs @u45 1bs EACH. MAD. Cap. = 59.5 H13 Packing Group Tested To: II Specific Gravity Tested To: _NA Specification: X UN/DOT • NSTA • OTHER PROCEDURE Number of Specimens Tested: Drop Height: 47.25" _2X4's And Crop Height Calculation: — 1.2 X 39.37 non-yielding surface. The specimen is then inspected for damage. Five (5) orientations are The test specimen is placed on to a free fall drop table as shown and allowed to impact a hard performed. RESULTS DROP ORIENTATION L.D.# PASS/FAIL REMARKS 2. FLAT ON TOP 1. FLAT ON BOTTOM PASS No 3. FLAT ON LONG SIDE 2 PASS 5. ON CORNER 4. FLAT ON SHORT SIDE Pass NO LEAKAgE NO LEAKAgE PAss No : PAsS * NO LEAKAGE LEAKAGE SPECIMEN * Top CorNeR DROP TOWER FREE FALL BASE - SPECIMEN TARGET BASE 3/14/02 WH-1423, Rey. DEC •97 WYLE LABORATORIES Huntsville Facility#

Page 11Test Report No. 47014-01 Page No. T wyle matorica STACK TEST DATA SHEET DATE: 3-21•02 REPORT NO.: 47014-01 SPECIMEN TYPE: FiCERSINS BOX WYLE JOB NO.: 470/4 CUSTOMER: AMERiCAN PROMOTIONAL EVENTS CONTENTS: Simule Ens Des 1259) LapscAgE Tinsens 3'X4"' Packing Group Tested To: Specific Gravity Tested To: Specification: * UN/DOT • NSTA • OTHER PROCEDURE Specimen Preconditioned: l Yes • No Yumber of Specimens Tested: 3 Specimen Weight: 62%" Stack Weight Calculation: 3 Meters = 118.11 Inches Rounded to the next higher whole number. 118.11/Box Height = # of Boxes to Make a 3-Meter Stack 118.11/ 628 #Boxes-] x Box Specified Gross Weight = Minimum Stack Weight . (Box Height) - I = _ (Total Boxes Stacked) PACKAGE SPECIFIED GROSS WEIGHT: 791595LBS. STACKING WEIGHT: 865LBS. (ACTUAL) 191.545_ LBS. (MINIMUM) le test specimen is placed onto a hard non-yielding surface. A cover sheet of plywood is th for a period of 24 hours. The specimen is then inspected for damage and stack stability. aced on the specimen to distribute the load. The specific load is then placed on the specim RESULTS L.D.H PASS/FAIL 1 = 6 PAss REMARKS '= 7 Poss 24HR No DANGAE 1-8 - Poss 24 HAS NO DANIE • WEICHT • COVER PLATE - SPECIMEN TESTED BY Ditt Date APPROVED BY: a sapa 4/8/02 WH-1424, Rev. DEC '97 WYLE LABORATORIES Huntsville Facility#

Page 12Page No. 8 Test Report No. 47014-01 wyle matories VIBRATION DATA SHEET 49CFR178.608 WYLE JOB NO.: 47014 CUSTOMER: AMERICAN PROMOTiNAl EVENTS Specimen # Start Stop Date RPM Duration Pass/Fail Remarks i-3 10:35 11:353-14-02 219 І не. PASS NO LEAKING NO DAMNAE 1 - 4 14:00 15:003-14-02 219 I He. PASS No LEAKE NO DANGE 1-1 13:40 14:40 3-15-02 219 pass NO LEANSE NO DAMAgE WYLE LABORATORIES Huntsville Facility#

Page 13Page No. 9 Test Report No. 47014-01 wyle banatories COBB TEST DATA SHEET WYLEJOBNO: 47014 CUSTOMER: Amerisan Promotion. Specimen Weight Before Weight Total Water Attg. aturatio Duration Outside Inside/ 7/m? 10:30 AP-1:1 113640 12.8424 149.84 3/216/02 30 min sutside 10:32 AP-1-2 111916 126444 3/260/02 30 min autside 10:34 AP-1-3 1.2/14 - 127469 153.55 3/216/02 30 min sutside 10:34 AP-1-4 1L3/13 126763 13.6.50 3/34/а2 30 min. bistside 10:38 AP-1-5 112977126923 139,46 3/24/02 30 min Ratside Boy Top (5w) 13:30 AP-2-1 12.5533 140934 154.03 4/5/02 30 лін Deitsido. 13:32 AP-2-2 122836 143/03 142.67 4/8/02 30 min butsica 13:34 Ap-2-3 128555 143360 148.05 4/8/02 30 min Qutsida 13:36 Ap-2-4 126021k 141164 149.48 4/8/02 30min autsice 13:38 Ap-2-5 125026 139/78 141.52 4/8/02 30 min sutaidle Bop Boron (Dc) TECHNICIAN Hitua Ratos 3/26/02 PASSIFAIL: Pass WH-1428 AUG '96 12Nm 1/8/02 WYLE LABORATORIES Huntsville Facility#

Page 15Gorsky, Susan < PHMSA> Sent: From: Burger, Donald <PHMSA> To: Monday, March 14, 2005 10:43 AM Subject: Cc: Gorsky, Susan <PHMSA> Heneghan, John <PHMSA?; Hilder, Mike <PHMSA> RE: Wyle Response to revised (dated 3-4-2005) DOT exit briefing OT RE Revised rt 47014-01+Acnotional Events Wyle Letter to Wyle Test American 'an we get an interpretation drafted on this and sent out to Wyle on this? It is a "larg G package". it should not be certified as a 4G Box since it does not meet the definitio capacity is above the 119 gallon Thanks - Don B ---original Message---- Don, If you could review this and give us your opinion, it would be greatly appreciated. Thanks. From: Hamilton, Tom -----Original Message-- - - - To: Heneghan, John ‹PHMSA> Mr. Heneghan, Attached is Wyle's Letter to you per our discussion this afternoon. Also attached is a photo and a copy of the applicable wyle Test Report. ‹<Wyle Letter to DOT RE Revised Exit Briefing dated 3-4-05.pdf>» ‹‹Wyle Test Report 47014- 01+AC1898.pdf>> <<American Promotional Events - TNT Fireworks.jpg>» Quality Assurance/Safety Manager Tom Hamilton P.O. Box 077777 Wyle Laboratories Huntsville, AL 35807-7777 Fax: Phone: (256) 721-0144 (256) 837-4411 X483 e-mail: thamilton@hnt.wylelabs.com <<Wyle Test Repcrt 47014-01+AC1898.pdf>> <<Wyle Letter to DOT RE Revised Exit Briefing dated 3-4-05. pdf>> - TNT Fireworks.jpg>> <<American Promotional. Events#