NEX-XOS Worldwide, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 July 6, 2021 Mr. Saul Mishkin President – CEO NEX-XOS Worldwide, LLC 3922 Pembroke Road Pembroke Park, FL 33021 Reference No. 20-0096 Dear Mr. Mishkin: This letter is in response to your December 11, 2020, letter and subsequent phone call requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to flammable ration heaters (FRH) used in Individual Operational Rations, e.g., meal, ready-to- eat (MRE). Specifically, you provide the following information and ask whether the aluminum- based FRH contained in Individual Operational Rations, including but not limited to MREs, is subject to the HMR. • Your company manufactures an aluminum-based FRH, which is analogous to magnesium-based FRHs used in MREs sold by others in the industry; • Your aluminum-based FRH contains “UN2813, Water-reactive solid, n.o.s., (Aluminum powder, uncoated), 4.3, II”; and • Depending on the size of your aluminum-based FRH, it contains either 7 or 14 grams of aluminum. The answer is yes. Please note that the aluminum-based FRH—as part of the MRE—may be described and transported as “UN3363, Dangerous goods in apparatus, 9.” A UN3363 material is subject to special provision 136. In accordance with § 172.102(c)(1), special provision 136 specifies that the Associate Administrator may except from the HMR a UN3363 material that meets certain conditions; specifically, if: (1) it is shown that it does not pose a significant risk in transportation; (2) the quantities of hazardous material(s) do not exceed those specified in § 173.4a; and (3) the equipment, machinery, or apparatus conforms with § 173.222.#

Page 2To apply for such an approval, you must submit an application in conformance with approval requirements found in 49 CFR Part 107, Subpart H. For more information on the approval application process, visit our website at https://www.phmsa.dot.gov/approvals-and- permits/hazmat/general-approvals/general-approvals-overview. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standard Development Branch Standards and Rulemaking Division#

Page 3Geller 20-0096 From: INFOCNTR (PHMSA) To: Hazmat Interps Subject: FW: Request for Letter of Interpretation Date: Friday, December 11, 2020 10:44:25 AM Attachments: LETTER DOT12.2020.NXH.pdf See attached request for letter of interpretation. Thanks, Jonathon, HMIC From: Saul Mishkin [mailto:saul@nex-xos.com] Sent: Friday, December 11, 2020 10:27 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Request for Letter of Interpretation CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Standards and Rulemaking Division Pipeline and Hazardous Materials Safety Administration Attn: PHH-10 To Whom It May Concern: Please fin attached request for Letter of Interpretation for Shipping Aluminum-Based Flameless Ration Heaters Looking forward to your response Sincerely Saul Mishkin Office: 305.433.8376 | Direct: 954.317.0576 | Fax: 305.489.7651 NEX-XOS WORLDWIDE LLC 3922 Pembroke Rd. | Pembroke Park, FL 33021 www.nex-xos.com CONFIDENTIALITY NOTICE: This message is intended for the exclusive use of the individual or entity to which it is addressed and may contain information that is privileged and confidential intended solely for such addressee(s). If the reader of this message is not the intended recipient or an employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. Thank you.#