Mr. Rick Kite — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE internal no Hazardou: dministratior OCT 1 1 2007 941 North Firefly Mr. Rick Kite Ref. No.: 07-0095 Woodstock, Kansas 67235 Dear Mr. Kite: This responds to your letter regarding the definition of "aerosol" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it applies to a mixture of propane and a small amount of silicon oil used in toy pellet guns. You ask if this product may be shipped as an aerosol if the amount of oil is increased. As defined in 49 CFR 171.8, an "aerosol" is "any non-refillable receptacle containing a [underlining added for emphasis is to expel a nonpoisonous (other than a Division 6.] gas compressed, liquefied or dissolved under pressure, the sole purpose of which Packing Group Ill material) liquid, paste, or powder and fitted with a self-closing release propane and oil as being used to lubricate toy guns. It is our understanding that this device allowing the contents to be ejected by the gas." You describe the mixture of to operate and secondarily to lubricate gas-operated Airsoft pellet guns. This product combination of propane and gas, commonly referred to as "green gas", is used primarily Therefore, the amount of oil with the gas is irrelevant. Also, the shipping description does not meet the definition of "aerosol", as its sole purpose is not to disperse a lubricant. "UN 1950, Aerosols, 2.1," may not be used to describe this product for purposes of transportation in commerce. An appropriate shipping description is "UN1978, Propane mixture, 2.1." See § 172.101(c)(10). Limited quantity and ORM-D exceptions are limited to containers of not more than four fluid ounces capacity. See § 173.306(a). Larger containers must conform to the packaging requirements of §§ 173.304 and I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, Elend I. Mizull. Edward T. Mazzullo Director, Office of Hazardous Materials Standards 172.101 WHINNHI 171.8 070095 173.306#

Page 2nay 10 U/ 111 : Jaz BB MIKOUr I 1010090018 p.1 Engrum §112.101 § 113.306,01.8 Applicability To DOT Standards division, 07-0095 From Rick Kite Dir Sir, them on the DOT proper label and shipping requirements spelled out in the DOT guidelines for packaging and markings, thus they got a violation. I have since instructed Regulation. Afier talking with Creig Genievich he said although the DOT regulations. isn't enough for the acrosol interpretation. We know vast quantities of products on the don't sct the amount of product to be dispersed the small amount of oil in his opinion We can increase the amount of oil to be used but need the guidclines spelled out as the market that usc the same system to propel the products from the can for customer use. amount required. I believe no such amount will exist as cach product would need to be stated in the amount required for each application. As in any product the propellant is sent me a letter from 1995, a DOT response to a manufacture question that was somewhat considered the agent for dispersal and the amount product is second to that. Creig has rclated to this inquiry. The reply from the DOT said minute amounts of product don't meet the Acrosol requirements but the amount has never been established as when 1950 amount other than zero would not establish the requirement. Please let us know as soon will be met. We need to sec if any amount will justify the requirement or we feel no as possible as we arc awaiting shipping products now. Wo have used UN1950 with all Fed Ex. UPS, United Postal for many ycars and follow their HAZMAT officcs. Our containers meet the UN1950 packaging and label and outside boxing also moct all shipping guideline. Thank You Rick Kilo Cell 316-461-3889 Fax 316-729-6518 1141 Neill Frefly Wastock Kinsa. 67235#