Thunder Mountain (ThndrMntn™) — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 APR 0 7 2014 Mr. William Gairloch Thunder Mountain (ThndrMntn ™) 295 Burris Road Bellefonte, P A 16823 Ref. No. 14-0020 Dear Mr. Gairloch: This responds to your January 23, 2014 email requesting clarification on the classification of a hazardous material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The product of concern is an insect repellant pump spray (non-aerosol) (up to 4 oz.) containing the active ingredient N,N-Diethyl-m-toluamide (DEET). You provide a copy of the safety data sheet (SDS) from the manufacturer of the product and you request a determination whether the spray is hazardous and subject to regulation especially for air transportation. In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material. This Office does not perform the classification function. With regard to the SDS provided, PHMSA is concerned about the limited information contained therein to rely on for classification. We also note that the SDS you provided includes information that the flash point of the material is "greater than 170°F" rather than a specified measurement. In accordance with § 173 .120(b ), a material that does not meet the definition of any other hazard class and has a flash point of above 140°F and below 200°F is a combustible liquid regulated under the HMR. Thus, based on the SDS, your material could be classed as a combustible liquid. However, in accordance with§ 173.150(£)(2), the requirements of the HMR do not apply to a material classed as a combustible liquid in a non-bulk packaging. A 4-oz. container fits the category of non-bulk packaging. Furthermore, based on our understanding ofthe properties ofDEET, it is the opinion ofthis Office that a pump spray consisting of98% DEET and its isomers (<2%) would not meet the definition of a hazardous material, and not be subject to regulation under the HMR. However, we note again that ultimately it is the shipper's responsibility to properly classify a material as hazardous in accordance with the HMR. I hope this information is helpful. If you have further questions, please contact this office. Sincerely, Robert Benedict Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: Attachments: INFOCNTR (PHMSA) Thursday, January 23, 2014 2:18PM Drakeford, Carolyn (PHMSA) FW: Spoke with Dirk and am requesting written clarification on Hazmat determination SP711 ,sp712,sp713,sp714,sp717,sp718b,sp719_MSDS.pdf Hi Carolyn! This caller requested we submit this e-mail as a formal letter of interpretation. Thanks! Victoria From: William Gairloch [mailto:wgairloch@gmail.com] Sent: Thursday, January 23, 2014 1:14PM To: INFOCNTR (PHMSA) Subject: Spoke with Dirk and am requesting written clarification on Hazmat determination Dirk, Per our conversation, attached is the MSDS for the Deet based insect repellents that we discussed. I am writing to request a clarification in a written/email response from the PHMSA on whether or not the material associated with the attached MSDS is subject to the hazardous materials regulation. All of the product information, including the MSDS, associated with the products is accessible at this URL; http:/ I sawyer. com/products/maxi -deet -1 00-deet/ The largest container size for any of them is 4oz and they are all pump spray containers, none of them are aerosol. To review, the reason that I am contacting the PHMSA is; The manufacturer of these products has indicated to us that, because ofthe individual container sizes the products come in, the products do not fall under the Hazmat designation and they can be shipped via any method, including airmail, with no special requirements. However, an on line retailer is telling us that they believe that the products do fall under the Hazmat designation and therefore cannot be shipped via airmail and must only be shipped via ground transportation and require special labeling. Please let me know if you have any questions or if you require any further information. Thanks. Bill. 1#

Page 3William Gairloch Thunder Mountan (ThndrMntn) www.thndrmntn.com Phone: 814-933-8671 2#

Page 4MATERIAL SAFETY DATA SHEET SAWYER PREMIUM MAXI-DEET INSECT REPELLENTS I. PRODUCT /DENT/FICA TION MANUFACTURED BY: Sawyer Products 605 Seventh Avenue North Safety Harbor FL 34695 DISTRIBUTED BY: Sawyer Products, Inc. PO Box 188 Safety Harbor,FL 34695 DATE OF LATEST REVISION: 18-Dec-2009 REPLACES EDITION DATED: 08-May-2008 EMERGENCY BUSINESS FACSIMILE TEL. # 800-356-7811 TEL.# 727-725-1177 TEL.# 727-725-1954 TRADE NAME: Sawyer( R) Maxi-Deet PRODUCT No.: SP713; SP714; SP718b; SP719 EPA REGISTRATION NO: 54287-2-58188 EPA ESTABLISHMENT NO: 54287-FL-1 TRANSPORTATION: NOT RESTRICTED COMMON NAME: DEET, Technical II. HAZARDOUS INGREDIENTS CHEMICAL NAME CAS NO. PERCENT EXPOSURE LIMITS IN AIR ACGIH (TLV) OSHA (PEL) NE NE NE NE NE NE Deet (N-N diethyl m toluamide) 134-62-3 98.11 Other Isomers NA 1.89 Inert Ingredients NA 0.00 Ill. PHYSICAL PROPERTIES Vapor Density (air=1): NA Specific Gravity: 0.99 Unit Pressure: NA Vapor Pressure, mmHg@°C: NA Evap. Rate (butyl acetate=1): NA Bulk Density ; Settled: NA ; Fluffed: NA Melting Pt. (or range), °F: Boiling Pt. (or range), °F: Solubility (oil): Solubility (water): Odor: Percent Volatile: Shelf Life: NA 212°F Negligible Miscible Slight (Deet) NA 4 years Pounds/Gallon: NA Color: Brown Particle Size: NA Appearance: Liquid IV. FIRE AND EXPLOSION Flash Point, (TCC), °F: >170 Autoignition Temperature, °F: NA Flammable Limits In Air, Volume%: Lower__N!;_ Upper NE Fire Extinguishing Materials: _x_ Water Spray Carbon Dioxide Foam _Dry Chemical _Other Special Firefighting Procedures: None Unusual Fire and Explosion Hazards: None V. HEALTH HAZARD INFORMATION Symptoms of Overexposure for Each Potential Route of Exposure: Inhaled: None Absorbed Through Skin: None Contact with Skin or Eyes: None Swallowed: None Health Effects or Risk From Exposure: Acute: NE Chronic: NE First Aid; Emergency Procedures: Eye Contact: Flush eyes with plenty of water. Contact a physician if irritation persists. If Swallowed: Contact a physician or Poison Control Center. Administer water and Induce vomiting. Get medical attention Suspected Cancer Agent? _lLNo: This product's ingredients are not found in the lists below. _Yes: _Federal OSHA _NTP _IARC _Cai/OSHA#

Page 5VI. REACTIVITY DATA Stability: _x_stable _Unstable Conditions to Avoid: Do not store when Temperature exceeds 130°F. Incompatibility (materials to avoid): May damage certain synthetic fabrics, plastics, painted or varnished surfaces Hazardous Decomposition Products (including combustion products): None Hazardous Polymerization: _May Occur ..X.. Will Not Occur Conditions to Avoid: Avoid contact with plastics, acetate, spandex and nylon VII. SPILL, LEAK AND DISPOSAL Spillage or Leakage Procedures; steps to be taken in case material is spilled or released; Faulty or leaking container: Floor may become slippery. Soak up residues with an absorbent material, remove, wash with soap and water. I. Preparing Wastes for Disposal (container types, neutralization): Do not reuse empty container. Place in trash disposal. Dispose of absorbents in trash. NOTE: Dispose of all Wastes in Accordance with Federal, State and Local Regulations. VIII. SPECIAL HANDLING INFORMATION Ventilation and Engineering Controls: None Respiratory Protection: None Other Clothing and Equipment: None Other Handling and Storage Requirements: Gloves (specify material): None Eye Protection (type): Safety glasses, goggles or face shield Work Practices, Hygienic Practices: Follow Label Directions Do not store where temperature exceeds 130°F IX LABELING Labeling; Precautionary Statements: Harmful if swallowed. Keep out of reach of children. Other Precautions: Avoid contact with eyes and lips. May cause eye irritation. X. REGULA TORY INFORMATION TSCA (Toxic Substances Control Act) Regulations, 40 CFR 710: This product is a pesticide and is exempt from TSCA regulation. CERCLA and SARA Regulations (40 CFR 355, 370, and 372): This product does not contain any chemicals subject to the reporting requirements of SARA Section 313. XI. KEY AND COMMENTS NA = Not Applicable NE =None (not) Established THE INFORMATION CONTAINED HEREIN IS BELIEVED TO BE ACCURATE WHETHER ORIGINATING WITH SAWYER PROUDCTS INC. OR NOT. SAWYER PRODUCTS INC. PROVIDES NO WARRANTY EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE DATA. RECIPIENTS ARE ADVISED TO CONFIRM ANY DATA, IN ADVANCE OF NEED, THAT IT IS CURRENT, APPLICABLE, AND SUITABLE TO THEIR CIRCUMSTANCES.#