Onepoint4 Ltd. — Hazardous Materials Safety Interpretation

Page 10 U,S. Department of Transportation Pipeline and Hazardou$ Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 MAY O 9 2019 P. Shelley BEng (Hons), MISEE, MIExpE Managing Director Onepoint4 Ltd. 75 Chevington Green, Morpeth, Northumberland NE65 9AX United Kingdom Reference No. 18-0141 Dear Mr. Shelley: This letter is in response to your October 26, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of explosives. We have paraphrased and answered your questions as follows: Ql. You ask who is responsible for classifying explosive and pyrotechnic substances and articles in the United States. Al. In accordance with§ 173.56 of the HMR, classification of Class 1· (explosive) materials is the responsibility of the person who offers a new explosive and the examining agency and is subject to PHMSA's approval. Section 173.56 of the HMR specifies that an approval request must be submitted to the Associate Administrator of Hazardous Materials Safety with a classification report recommendation from an authorized test lab or a foreign competent authority approval that assigns a Division, compatibility group, and shipping description. If PHMSA finds that the approval request meets the regulatory criteria, the explosive will be approved in writing and assigned an EX number. Q2. You ask whether the United States has an equivalent to Notified Bodies (NB; entities that are approved to carry out tests and classify explosives and pyrotechnics in the European Union). A2. The answer is yes. Only approved examination agencies are permitted to carry out these tests and make a recommendation for Division, compatibility group, and shipping description. However, PHMSA ultimately approves the recommended classification, as indicated by the assignment of an EX number.#

Page 2Q3. A3. Q4. A4. QS. AS. Q6. A6. Q7. A 7. You ask whether manufacturers, suppliers and/or distributors are permitted to self-certify products in the United States. The answer is no. Self-certification is not permitted for Class 1 materials. Except for explosives made under the supervision of a component of the Department of Defense (DOD) or the Department of Energy (DOE), all new explosives must be approved by PHMSA or-for fireworks-an approved third-party agency (e.g., fireworks certification agency.) In the event organizations are permitted to self-certify (see Q3), you ask for clarification of the rules and quality checks they must abide by (i.e., audits, equipment calibration, test standards, etc.) See A3. Self-certification is not permitted for Class 1 materials. You ask whether there have been recent discussions on the classification for transport of Thermite (Iron Oxide and Aluminum). ' There have been extensive discussions surrounding the transport classification of thermites (broadly defined) and thermite derivatives. You ask whether a Thermite composition that contains additional oxidizers, energetic binders and fuels, such as magnesium (i.e., a Thermate ), would be classified under the "practical pyrotechnic effect" in the UN test matrix figure 10.2 of the UN Manual of Tests and Criteria. You further ask if there are any records of such classifications. Thermites and Thermates would both provide a "practical pyrotechnic effect" as defined by the UN Manual of Tests and Criteria. This Office is riot aware ofany public reports of such test results available at this time. You ask whether there have been any tests carried out in accordance with the UN series of tests where Thermates were found to be more sensitive to dropping, thermal, electrostatic discharge, friction, impact, pressure and effects of shelf life, similar to Magnesium, Teflon, Viton (MTV) flare compositions. There are no widely available public data on the performance of Thermates. I hope this information is helpful. Please contact us if we can be of further assistance. eren Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3OnePoint4 Ltd., 75 Chevington Green, Morpeth, Northumberland NE65 9AX. United Kingdom. Mobile: 0792041;lQ717 E-mail: enqiries@OnePoint4.co.uk (Q) 26th October 2018 Our ref: Technical Note 261018-DOT Questions for the US side of Dangerous Goods Classification and Testing Dear Mr. Shane Kelley, Director, Standards and Rulemaking Division As. the former director of the United Kingdom (UK) Explos.i. ves. Notified Body (ENB) and responsible for process of setting up the pyrotechnics Notified Body (PNB) at the health and safety laboratory (HSL) (part of the health and safety executive (HSE)) I have some queries. which l hope you can assist me with. Based on my experience with the European Union (EU) directives concerning dangerous goods which were then implemented in UK law and the testing items to United Nations (UN) series of tests and trans.port rules to the European Agreement concerning the lntema.ti.onal. Ca.rri.age of Dangerous. Goods. by Road (A.DR) etc._ I have the following questions, 1 _ . Who in the United States (US) is responsible for classifying explosive and pyrotechnic substances and articles similar to the ADR rules and in line with the and UN series of tests for dangerous goods? 2. In the EU only Notified Bodies(NBs), which are quality systems approved, are allowed to carry out the tests and classify explosives and pyrotechnics. Is this the same in the US, i..e . . is. there an equivaJent to a Notified Body? 3. the US? Are manufacturers, suppliers and or distributors allowed to self certify products in 4. If organisations are allowed to self certify, what are the rules and quality checks put in pl.ace on them Le._ audits, equipment ca.Hbrati. on, test standards etc., 5. As a member of the UK Institute of Explosive Engineers (and US based International Society of Explosives Engineers) there have been recent discussions on the classification for transport of Therrnite (l.ron Oxide and Aluminium). I wonder if there have been any similar discussions in the US (in my research I did find Thermite with a UN 4.3 Classification from a company in Texas)? 6. Also with the change from a Thermite to a Thermate i.e. a Thermite composition with additional oxidizers, energetic binders and fuels such as magnesium, does the US classify these under the 'practical pyrotechnic effect' in the UN test matrix figure 10. 2 _ -·----··· ··· · · · - - - ------- ----- --- --------~ ····· -·-#

Page 4and is there a record of any such product (article) or mixture (substance) classmcations? 7. If there have been any tests carried out in accordance with the UN series of tests were Thermates found to be more sensitive to dropping, thermal, electrostatic discharge, fri _ cti.on, impact, pressure and effects of sh.elJ life etc, similar to Magnesium, Teflon, Viton (MTV) flare compositions? Yours sincerel_y, f> -~- Mr P Shelley BEng (Hons), MISEE, MIExpE Managing Oi_rector Onepoint4 Ltd Company Number: No 6544864 R~lstered In England and Wales VAT No 937132TI2 EXPL OSIVE ANO PYROTECHNIC CONSUL TANCY, APPLICATION AND TRAINING#