Ontech Delaware, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportatior 00 Seventh Street, S.V Vashington, D.C. 2059 Pipeline and Administration Hazardous Materials Safety JUN 14 2006 Michael S. Slocum, Ph.D. Ref. No.: 06-0119 hief Operations Office Intech Delaware, Inc 15910 Bernardo Center Drive San Diego, CA 92127 Dear Mr. Slocum: This is in response to your May 16, 2006, letter and subsequent conversations with a member of my staff requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a self-heating product that contains your product may be carried by consumers aboard an aircraft. approximately 100 grams of "Calcium oxide, UN1910". Specifically, you ask whether The answer is no. In accordance with § 175.10, certain hazardous materials when carried HMR. Personal beverage heaters meeting the definition of a corrosive material, such as by a passenger or crew member for personal use are excepted from the requirerents of the your product are not provided this exception. Therefore, personal beverage heaters meeting the definition of a corrosive material must be transported in accordance with the HMR. I hope this satisfies your request. Sincerely, Share Bit Charles E. Betts Office of Hazardous Materials Standards Senior Transportation Specialist 175.10 060119#

Page 2Message BAH Page 1 of 1 $175,10 Benedict, Robert <PHMSA> Air From: Special Permits <PHMSA> Sent: Tuesday, May 16, 2006 3:12 PM 06-0119 To: INFOCNTR <PHMSA> Subject: FW: request for letter of aproval This guy wants to know if one of his beverages may be carried aboard passenger aircraft. Thx, Diane From: Michael Slocum [mailto:Michael.Slocum@ontech.com] - Original Message--.. To: Special Permits <PHMSA> Sent: Tuesday, May 16, 2006 2:33 PM Cc: catherine.lundberg@ontech.com Subject: request for letter of aproval Good Day: I represent OnTech Deleware. We have developed and commercialized a self-heating container. This package website for a brief description of the technology: www.ontech.com heats the contents so the consumer may enjoy a heated beverage, anytime, anywhere. Please review our We utilize calcium oxide (CaO) and water to produce energy exothermically. We use ~ 100g of CaO per container. Our containers are in supermarkets across North America and sales volumes are increasing rapidly as we enter daily routines. Therefore, we would like to have a letter on record that indicates the ability of the consumer to distribution with customers such as Kmart and Ralph's. The consumers are incorporating our products into their carry our self-heating container on commercial aircraft. I had two conversations with Kenny (one of your staff) and he advised me to request the letter using this format. listed below. Please provide a letter as quickly as possible and call me directly with any questions at the contact information Regards, Michael S. Slocum, Ph.D., T.Sc, M.B.B. Chief Operations Officer p 858.613.3300 Ontech Delaware, Inc. f 858.613.3315 www.ontech.com 5/16/2006#